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HomeMy WebLinkAboutMinutes P&Z 022294CITY OF PALM BEACH GARDENS • PLANNING AND ZONING COMMISSION FEBRUARY 22, 1994 MEETING SUMMARY 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, Diane Carlino, Phillip Lyddon, Joseph Hamzy, and William Mignogna, Members; Thomas Pastore and Michael Posner, Alternate Members. Mr. Daniel Honig, Member, was absent. Chairman Ornstein announced that the City Council has replaced Alan Strassler with • William Mignogna on the Planning and Zoning Commission. The Council also appointed two alternates, Thomas Pastore and Michael Posner. Chairman Ornstein introduced the new alternate members. Chairman Ornstein asked staff to send a letter to Mr. Strassler expressing the City's gratitude for his service to the City. Election of Officers Chairman Ornstein announced that with the new board members, Commission elections must be held. Joseph Hamzy nominated Jeffrey Ornstein for the Chairman of the Planning and Zoning Commission. William Mignogna seconded the nomination. 0 1 Chairman Ornstein was re- elected Chairman by a 7 -0 vote. • Mr. Hamzy nominated Carl Sabatello for the Chairman -elect of the Planning and Zoning Commission. Mr. Mignogna seconded the nomination. Mr. Sabatello nominated Phillip Lyddon for the Chairman -elect of the Planning and Zoning Commission. Chairman Ornstein seconded the motion. An election was held. Mr. Sabatello received five votes. Mr. Lyddon received one vote. Mr. Pastore abstained from voting. ITEMS BY CITY COUNCIL LIAISON Mr. David Clark, City Council member, reviewed the recent actions undertaken by City • Council. APPROVAL OF MINUTES OF FEBRUARY 8, 1994 Chairman Ornstein stated that on page 9 of the submitted minutes, he said he was not in favor of blue awnings for the Blockbuster project. Mr. Hamzy said that on page 2, paragraph 2 of the minutes, it incorrectly stated that there is access to the rear of lots in Canterbury. He also stated that on page 3 it should indicate that he believes requiring landscape plans for back yards is absurd. Diane Carlino made a motion to approve the minutes of the February 8, 1994 Planning and Zoning Commission. Mr. Sabatello seconded the motion. • 2 PLANNING AND ZONING COMMISSION PUBLIC HEARING: Petition CU -94 -01 (Don Ramon Restaurant), by Juan Rubio and Ramon Vilarino, owners of Don Ramon Restaurant, for a Conditional Use to allow for a 2COP alcoholic beverage license which allows for the sale /service of beer and wine for on- premise and off - premise consumption; and Petition VAR- 94 -01, a petition for an exemption to the requirement of Chapter 112, Section 112.21 of the Palm Beach Gardens Code relative to the distance restriction of 750 feet between alcoholic beverage vendors. Located within the Gardens East Shopping Plaza (the Promenade), at the corner of Alternate AIA and Lighthouse Drive. (18- 42S -43E) Bristol S. Ellington, City Planner, reviewed the February 18, 1994 staff report on the above- referenced petition. Juan Rubio, petitioner, said he is looking forward to receiving his alcoholic beverage license. Chairman Ornstein opened the Public Hearing. Upon hearing no public comment, Chairman Ornstein closed the Public Hearing. Mr. Sabatello made a motion to recommend approval of the above - referenced petition to • the City Council with the following condition: Fifty -one percent (51 %) or more of gross sales must derive from the sale of food and nonalcoholic beverages. Mr. Lyddon seconded the motion. Mr. Hamzy questioned the need for off - premise consumption at this site. Mr. Ellington said that off - premise consumption is permitted on the 2COP alcoholic beverage license. Chairman Ornstein questioned the need to have another outlet for alcoholic beverages in the shopping center. The motion was approved by a 5 -2 vote, with Mr. Hamzy and Chairman Ornstein dissenting. PUBLIC HEARING: PUD- 94 -01, by James E. Neuhaus, agent for Ray A. Maiwurm and Anthony L. Graham, a request for Planned Unit Development and site plan approval for two 4,200 square foot medical office buildings (totalling 8,400 square feet) on a 1.04 acre • 3 site. This site is located south of Northlake Boulevard and east and west of Dania Drive. (24- 42S -42E) (Workshop 2/8/94) Mr. Ellington, City Planner, reviewed the February 18, 1994 staff report for the above - referenced petition. Paul Paulson, owner of seven duplexes along Dania Drive, said he is in favor of this project. He said it does not matter to him what rear buffer is as long as there is a wall. James Neuhaus, agent for the petitioner, said he was surprised by staffs memorandum. Mr. Neuhaus reviewed the revisions to the project. Chairman Ornstein questioned City Engineer David Getz's condition of approval concerning the right -of -way easement. Mr. Sabatello said he had a problem with staffs recommendation concerning the setbacks. He then asked Mr. Neuhaus if he could meet any of the setbacks. • Mr. Neuhaus said the Commission, at its last meeting, recommended that the petitioner • reduce the rear setback. Mr. Lyddon said he was concerned with the sidewalk going through the parking lot and a parking space. He said he was also concerned with the creation of a residential island behind the proposed project. Ross Person, project manager for the petition, said that residents along Dania Drive currently use the road to walk to Northlake Boulevard. Chairman Ornstein said he could see staffs points, but this is a pretty good project. Mr. Hamzy said he believed the front setback should be set at 40 feet and the side setback should be 15 feet. He added that the site plan with 10' x 20' parking spaces does not work. The sidewalk comes from nowhere and goes nowhere, he said. Mr. Hamzy added that he 4 does not like the sidewalk going into parking space. He said that proposed building is too large for the site. Ms. Carlino said the Commission should be careful in making suggestions to the petitioner. Chairman Ornstein asked where the fireplug would be located. Mr. Neuhaus said it would be near Northlake Boulevard. Chairman Ornstein opened the Public Hearing. Ralf Paulson of Jupiter, a former resident of Dania Drive and owner of several duplexes there, said he thinks the proposed plan is fantastic. He said the proposed one -story buildings will blend in with the residential section. Andrew Brock, owner of the adjacent Gardens Towne Plaza shopping center, expressed his concern that parking will overflow into his shopping center. • Upon hearing no further additional comment, Chairman Ornstein closed the Public Hearing. Mr. Hamzy made a motion to recommend denial of the above - referenced petition to City Council. Mr. Sabatello seconded the motion. The motion of denial was approved by a 6 -1 vote, with Mr. Mignogna dissenting. RECOMMENDATION TO CITY COUNCIL: Petition PUD- 93 -17, by Henry Skokowski, agent for Canterbury Associates, to amend the Canterbury Planned Unit Development for approval of a new model and modification to an existing model, building setback modifications, and approval of revised landscape plans. Located within PGA National Planned Community District PGA Boulevard. (15- 42S -42E) Mr. Ellington reviewed the February 18, 1994 staff report on the above - referenced petition. Hank Skokowski, agent for the petitioner, said the petitioner has tried to do everything you and the staff wanted it to do. He said he is looking for a recommendation of approval to 0 5 • City Council. Mr. Mignogna asked if the rear wall will be able to accommodate two screen walls. Mr. Skokowski said it would. Mr. Hamzy made a motion to recommend approval of the above - referenced petition to the City Council with the following conditions: 1. Areas that have been allowed to be disturbed pursuant to the approved site plan, and subsequently abandoned for any reason for more than three months, shall be seeded with a ground cover or grass immediately upon request by the City or the City shall have the work done at the owner's expense. 2. All landscape work shall be performed using current professional landscaping • standards. The Landscape Architect of Record shall monitor all landscaping work, and any work that affects the outcome of the approved landscape plans. The Landscape Architect of Record shall notify the City prior to any modifications to the approved landscape plan. 3. Prior to the issuance of the Certificate of Occupancy the Landscape Architect of record shall certify in writing to the City that the landscaping has been completed per the approved landscape plans. Any major changes to the approved landscape plans shall be approved by the City Council. Once the City has the certified letter from the Landscape Architect, the City Forester shall inspect the site for compliance. Once compliance has been confirmed by the City Forester, the City Building Department shall be notified. • 6 4. Street trees and all associated lot landscaping, and any common area landscaping • adjacent to said lot shall be installed prior to the Certificate of Occupancy of said lot. Prior to final sign -off, the landscape Architect of Record shall inspect and certify that all required landscaping is in compliance with the approved landscape plan(s). The City Forester shall approve (sign -off) these areas as they are completed. 5. The northern buffer area west of Canterbury Drive shall be completed prior to the Certificate of Occupancy (CO) of the first home facing to the northern buffer west of Canterbury Drive. Similarly, the balance of the northern buffer and the eastern buffer area shall be completed prior to the CO of the first home facing the eastern buffer. 6. When abutting lots have a zero rear setback for screen enclosures, a 6 -foot masonry • wall along abutting yards shall be constructed. A screen enclosure shall maintain a 0 -foot rear yard setback. 7. When a screen enclosure and 6 -foot wall are constructed, there shall not be the requirement for installation of landscaping along the rear and side -zero yard property lines. Mr. Mignogna seconded the motion The motion was approved by a 7 -0 vote. RECOMMENDATION TO CITY COUNCIL: PUD- 93 -12, by Stephen Mathison, agent for the O.R.E.O., Inc., to amend the Oakbrook Corporate Center Planned Unit Development, created by Ordinance 17, 1986, for a one -year time extension for the development of a 180,000 square feet of office space, 117,500 square feet of retail and a 30,000 square foot health club. Located on the southwest corner of PGA Boulevard and U.S. 1. (4- 42S -43E) {Postponed from 11 -9 -93 and 12 -14 -93 meetings, Public Hearing 1 -25 -941 Mr. Ellington reviewed the February 18, 1994 staff report for the above - referenced petition. • 7 Mr. Ellington added the following two conditions to staff s conditions of approval: • The existing cleared areas shall be sodded and the perimeter buffer areas along PGA Boulevard and Ellison Wilson Road shall be installed and irrigated within three months. If these improvements are not completed within the three month period, the time extension shall be voided. If these improvements are completed, the time extension for the PUD shall extend for an additional nine months. All on -site amenities, including the water features, the pedestrian way, and entry arches, shall be installed prior to the issuance of the next Certificate of Occupancy. Chairman Ornstein asked if a sign -off is needed from the John Hancock company which owns the existing building on the PUD. • City Attorney Thomas Baird stated that a sign -off is not needed, since John Hancock is a successor to the PUD. Mr. Lyddon said the median cut on PGA Boulevard should be moved to line up with the PGA project entrance. Chairman Ornstein questioned moving the median cut. He suggested a condition of approval which limits the project entrance on PGA Boulevard to a right -turn in and right- turn out only. Steve Mathison, agent for the petitioner, reviewed the above - referenced project. He said the petitioner is in agreement with all of the proposed conditions in the staff report except he requested that the petitioner be allowed to plant grass seeds instead of sodding the site. Chairman Ornstein said he believes that the petitioner needs to sod the site because the 8 seeds will blow away. • Responding to a question from the Commission, Mr. Mathison said the site in under a contract purchase to developer Andrew Brock. Mr. Pastore asked if there has been any preliminary discussion with the state Department of Transportation concerning the PGA National and U.S. 1 intersection. Mr. Mathison said there has been some discussions with DOT. Ed Oliver, attorney for the petitioner, said he would rather not preclude the use of the PGA Boulevard. He said he did not know whether the petitioner can comply with the staff condition of approval for landscaping installed within three months of approval. He said a landscape plan needs to be approved by the City. Chairman Ornstein told Mr. Oliver that the "ball is in his court" and he should submit the proposed landscape plan to the City as soon as possible. He added that he would not vote for the project if the landscaping is not completed within the three month timeframe. Chairman Ornstein said he would like to see this project go immediately to City Council for discussion so the petitioner will not delay action. Mr. Baird said that could be part of the Commission's recommendation the Council. Mr. Sabatello made a motion for to recommend approval of the above - referenced petition to City Council with the following conditions: 1. The existing cleared areas shall be sodded with a Bahia grass within three months upon the effective date of the time extension, at the owner's expense, with the exception that an area need not be sodded if an application for a building permit has been submitted for a phase. The embankment paralleling Ellison Wilson Road shall • 9 be graded, and sodded to prevent soil erosion. The sodded areas shall be maintained per City standards. 2. The perimeter buffer areas (ranging from 15' to 35' wide) along PGA Boulevard and Ellison Wilson Road shall be installed per the approved landscape plan, including an irrigation system, within three months upon the effective date of the time extension, at the owner's expense, unless same unreasonably interferes with construction. In the event of a dispute, the determination of whether such planting will interfere with construction shall be made by the City Forester. 3. All landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all landscaping work, and any work that affects the outcome of the approved landscape plans. The • Landscape Architect of Record shall notify the City prior to any modifications to the approved landscape plan. 4. Prior to the issuance of the Certificate of Occupancy the Landscape Architect of record shall certify in writing to the City that the landscaping has been completed per the approved landscape plans. Any major changes to the approved landscape plans shall be approved by the Planning and Zoning Commission and /or City Council. Once the City has the certified letter from the Landscape Architect, the City Forester shall inspect the site for compliance. Once compliance has been confirmed by the City Forester, the City Building Department shall be notified. 5. The petitioner shall submit to the City, prior to final approval of this petition, a is 10 Unity of Title for the undeveloped portions of Planned Unit Development. The • Unity of Title shall be in requisite form to be approved by the City Attorney. 6. The petitioner shall pay to the City Recreation and Building Development Fund, the sum of 79,200.00 prior to the issuance of the first Building Permit for this project. 7. The petitioner shall pay all applicable City impact fees and Palm Beach County Aggregate Impact fees prior to the issuance of the first Building Permit for this project. 8. The following turn lanes shall be constructed prior to the issuance of the first Certificate of Occupancy for this project: * Southbound left turn lane at northern Ellison Wilson Road entrance * Southbound left turn lane at the center Ellison Wilson Road entrance * Eastbound right turn lane at the PGA Boulevard entrance • 9. The existing cleared areas shall be sodded and the perimeter buffer areas along PGA Boulevard and Ellison Wilson Road shall be installed and irrigated within three months. If these improvements are not completed within the three month period, the time extension shall be voided. If these improvements are completed, the time extension for the PUD shall extend for an additional nine months. 10. All on -site amenities, including the water features, the pedestrian way, and entry arches, shall be installed prior to the issuance of the next Certificate of Occupancy. 11. The project entrance on PGA Boulevard shall be a right turn -in and right turn -out only. 12. If the petition has not receive approval from City Council within the next three • 11 months, then the Planning and Zoning Commission's recommendation of approval • shall expire. Ms. Carlino seconded the motion. The motion was approved by a 7 -0 vote. WORKSHOP MEETING: 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 garage and bank drive -in teller facilities. Located south of PGA Boulevard, west of Interstate 95. (12- 42S -42E) Mr. Ellington reviewed the February 8, 1994 staff report on the above - referenced petition. Chairman Ornstein said this is a good project. Terry Dytrych, agent for the petitioner, said this property is in foreclosure and a receiver has been assigned by the courts. He said that Michigan National Bank is the mortgage is holder for the project. After several questions from the Commission concerning the ownership of the property, Mr. Dytrych said the MacArthur Foundation is the property owner. Vince Pappalardo, developer of the project, told the Commission that all parties in the foreclosure lawsuit agree that there should be a time extension for the Admiralty II PUD. Chairman Ornstein said this is scheduled for a Public Hearing before the Planning and Zoning Commission meeting on March 8, 1994. NEW BUSINESS Chairman Ornstein said he would like to see the application procedures immediately changed to have 15 sets of development plans submitted so that Planning and Zoning Commission members will be able to have their own set of plans. `• 12 Mr. Hamzy said the development plans are on file in the Planning and Zoning Department. • Chairman Ornstein said that many Commission members are unable to look at the files because of work commitments. Mr. Hamzy stated that he would like the agenda packets either mailed or delivered. Mr. Sabatello stated he would like to see changes in the Sign Code which would prevent the long time use of temporary signs. Ms. Carlino made a motion to recommend to City Council these changes to the Sign Code. The Commission agreed. ADJOURNMENT There being no other business to appear before the Commission, the meeting was adjourned at 9:35 p.m. C� • 13 0 Wil iam Mignogna ..An Thomas Pastore Marty R.A. inor, Secretary is 14 Carl batello Diane Carlino 01, 00�