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.
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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.
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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
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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
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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
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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
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• 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.
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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.
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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
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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
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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
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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
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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.
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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.
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Wil iam Mignogna
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Thomas Pastore
Marty R.A. inor, Secretary
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Carl batello
Diane Carlino
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