HomeMy WebLinkAboutMinutes P&Z 091394CITY OF PALM BEACH GARDENS
• PLANNING AND ZONING COMMISSION
SEPTEMBER 13, 1994
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:
Present
Jeffrey Ornstein, Chairman
Carl Sabatello, Chairman-Elect
Diane Carlin
Phillip Lyddon
William Mignogna
Thomas Pastore, Alternate
Absent
Daniel Honig
Michael Posner
John Glidden, Alternate
Also present were Mayor David Clark and Assistant City Manager Greg Dunham.
is Chairman Ornstein announced that Michael Posner who had been an alternate had been made a
permanent member of the Planning & Zoning Commission and that John Glidden had been made an
Alternate.
ITEMS BY PLANNING & ZONING DIRECTOR:
Richard Walton, Director, Planning and Zoning Department, reported that the Jog Road issue would
be discussed at a meeting of the Treasure Coast Regional Planning Council on Friday, September
16, 1994, and that if the early October deadline for DCA to appeal passed with no action that the
issue would be finished.
ITEMS BY CITY COUNCIL LIAISON:
Mayor David Clark reported the Mediplex project had been approved by the City Council, and that
the Budget hearings were progressing with no problems.
APPROVAL OF MINUTES:
Minutes of August t 23, 1994 - Ms. Diane Carlin made a motion to approve the minutes. The
motion was seconded by Carl Sabatello. The motion was approved by a 5 -0 vote. Phillip Lyddon
abstained from voting since he had been absent at that meeting.
Planning & Zoning Commission Minutes
• September 13, 1994
SITE PLAN & APPEARANCE REVIEW
Recommendation to City Council: Petition SP-94-05, by David Porter, agent for Gregory
Bills, representing R.J. Gator's Restaurants, for site plan approval for the renovation of the
exterior of the former Palm Beach Cafe restaurant. Located at 4364 Northlake Boulevard.
(24- 42S -42E)
Bristol Ellington reviewed the staff report dated September 8, 1994.
Chairman Ornstein questioned whether R. 1. Gator's owned the restaurant building, and was
informed they leased it from the shopping center. Chairman Ornstein stated this petition could not
be approved without a landscape plan. Mr. Pastore questioned the reason for the executed cross
access agreement, to which City Planner Ellington replied it was for both perpetual access and for
parking. City Attorney Baird clarified that although all of the property was owned by the same
entity that internal leases or covenants required the cross access agreement and that if the City should
desire to change the agreement, then the change would have to be conditioned so that the lease
would accommodate it.
David Porter, Agent for the petitioner, explained that the existing greenhouse area on the northern
• elevation facing Northlake Boulevard would be removed and replaced with a wall and mansard roof
to give the building the appearance of having a second floor. Chairman Ornstein requested a
rendering showing the complete roof and discussed the need for a screen for the cooler.
After discussing the proposed colors, the Commission members agreed the colors were too gaudy
and that the building should be more consistent with the rest of the shopping center.
The Commission had the following comments and suggestions:
1. A landscape plan must be submitted for consideration. This plan shall also show
landscaping for the area between the cooler box and the sidewalk.
2. The painted palm trees shall be removed from the comers of the building and real
trees planted at that location.
3. The bright turquoise and pink colors presented were not acceptable.
4. The building should be more consistent with the shopping center.
5. The cooler box should be screened and should have a mansard roof to match the main
building.
Planning & Zoning Commission Minutes
• September 13, 1994
PLANNING AND ZONING COMMISSION
Workshy: Petition PCD- 94 -011 by Gary Brandenburg, agent for William Cordani, for
Planned Community Development approval to construct a 367 dwelling unit and 21 -hole golf
course community on 734 acres (Gardens Country Club). Located west of the Beeline
Highway at the western edge of the city limits. (28,29,32, & 33- 41S -41E)
Kim Glas Castro reviewed the staff report dated July 21, 1994.
City Planner Castro described the perimeter fencing which would lead into the water so that wildlife
would have access to the adjacent wetlands via a moat. She explained that plans had been forwarded
to the state's Fish and Game Department for their comments regarding the proper wildlife corridor
width. Chairman Ornstein commented that if the State reply indicated the clubhouse interfered with
the wildlife corridor that it would have to be moved.
Discussion of the EMS facility included the need for some provision for equipment for that facility,
and that a site for that facility must be selected prior to issuance of any certificate of occupancy on
this property.
• Bob Carroll, representing United Technologies and Pratt Whitney, explained that their testing of jet
engines generated excessive noise 24 hours a day 365 days a year which impacted an area as far
north as Hobe Sound and south to West Palm Beach. City Attorney Baird clarified that if the City
were to provide some type of condition to hold United Technologies harmless for noise
encroachment as suggested by Mr. Carroll, that it would not withstand scrutiny. Chairman Ornstein
directed the City Attorney to investigate means of notifying potential purchasers of this noise and
told Mr. Carroll that he believed this could be added to the documents notifying purchasers of airport
noise.
The Commission had the following comments:
1. Prior to issuance of the first certificate of occupancy for a dwelling or the clubhouse,
a site shall be selected for the Emergency Medical Services facility.
2. The City Attorney is to investigate means, possibly through covenants, of notifying
potential buyers of noise generated in the area because of the close proximity to the
airport and Pratt- Whitney.
3. It was unanimously agreed to hold a Public Hearing on October 11, 1994.
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Planning & Zoning Commission Minutes
• September 13, 1994
Workshop: Petition DRI- 94 -03, by Hank Skokowski, agent for Martin Fein, for amendment
to the PGA National Resort Community DRI to change 20 acres of the Commerce Park to
residential land use for apartments. (15- 42S -42E)
Kim Glas Castro reviewed the staff report dated September 8, 1994, and introduced Dennis Foltz,
City Consultant for this project.
Mr. Foltz replied to Chairman Omstein's concern of whether this request had been analyzed from
a planning standpoint that his review had included the impact on industrial land use. Mr. Foltz
reviewed his report to the City dated September 1994. He explained that substantial deviation for
residential elements was positive based on the current number of approved dwelling units, reduced
as a result of the Jog Road issue, but negative based on the original higher number of dwelling units.
Mr. Foltz explained that the criteria determining substantial deviation set forth in Florida statutes
only provided for an increase (5%) in an industrial development area, and did not provide for a
decrease or for changes to the nature of the development such as how the change in use mix might
alter the balance of a development. Mr. Foltz therefore recommended that the requested amendment
be found to not constitute a substantial deviation from the approved PGA National Resort DRI.
Chairman Ornstein was concerned that the City was rapidly losing its industrial lands and stated he
• could not support this petition unless it could be shown that the City would have sufficient industrial
use lands in other parts of the City for future use.
Mr. Foltz reviewed a chart he had prepared which showed the status of current industrial land use
parcels within the city and the acreage available for building within the guidelines of the
Comprehensive Plan. Other factors Mr. Foltz had considered in preparing his report were the
impact of increased traffic because of higher density multi- family apartments, the number of
apartments per acre, the increased need for recreation areas, bicycle pathways, and roadway access
to PGA National without leaving the development, the other uses allowed within industrial land use,
and the marketing efforts.
Chairman Ornstein complimented Mr. Foltz on his report and stated that the substantial deviation
issue appeared to resolve itself since the number of proposed units exceeded 5 %, and that the other
issue before the Commission was the amendment of the development order.
Mr. Phillip Lyddon brought up the fact that all areas of PGA National needed to be notified of this
proposed change, and stated that his concerns were density, that this would be a major change of
the development, and that a request to DCA to increase density would not be consistent with the
recent request DCA had granted lowering density because of Jog Road. Mr. Tom Pastore agreed
with Mr. Lyddon's density concerns and complimented Mr. Foltz on his report. Mr. Pastore agreed
that the land use change would reduce the City's tax and economic base. In response to Mr.
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Planning & Zoning Commission Minutes
• September 13, 1994
Pastore's comment that the report had identified a marketing study indicating the economic feasibility
of the development and the locational advantage of existing commercial and industrial lands and Mr.
Pastore's question of whether an analysis would need to be done if the land use were changed, Mr.
Foltz responded that no analysis was required since the existing residential would not compete with
the newly designated residential use. Mr. Pastore also voiced concern regarding mixing school and
residential traffic with industrial traffic, and stated that the number of units per acre would have to
be reduced to fifteen. Mr. Lyddon reminded the Commission that the inventory of industrial would
be impacted by environmental requirements.
Mr. Hank Skokowski, Agent for Martin Fein, reviewed the history of PGA National, explained how
the access issue had been an obstacle to industrial use through the years, and stated that out of
360,000 square feet originally anticipated in the DRI to be an industrial commerce park only two
businesses totaling 23,000 square feet are presently located there that meet true industrial use criteria.
Mr. Skokowski urged the Commission to consider that 20 acres of residential multi- family rental
units would be easily indirectly accessible to the overall community and would be compatible with
the existing nursing home, school and offices now located in the PGA Commerce Park.
During discussion of the originally approved number of units, the currently approved number of
units, the number of existing units that had been built, and which number of units should be used
in figuring whether the increase would exceed 5 %, Mr. Skokowski pointed out that 112 units would
• be taken from the existing pool of approved but unbuilt units thereby increasing the total density of
PGA National by 230 units, which was less than a 5 % increase.
Chairman Ornstein stated that although according to State statute this would not be a substantial
deviation, that from a planning perspective he believed it was a substantial change from the character
of PGA National.
Chairman Ornstein acknowledged a letter received from Dr. Milton Stem, who did not support the
petition. After discussion as to the process that should be followed for this request, Chairman
Ornstein directed staff to determine proper procedure and /or further requirements consistent with the
City's recently adopted Land Development Regulations.
Upon advice of the City Attorney, it was the consensus of the Commission to schedule this matter
for public hearing at their regularly scheduled October 11, 1994 meeting so that recommendations
could be made to the City Council for their October 20, 1994 public hearing which had already been
scheduled. Chairman Ornstein directed the petitioner and Dr. Stem to notify all neighboring
property owners within PGA National of the petition to change the land use and the public hearing.
Summary of discussion, concerns and comments:
The Chairman stated he was not in favor of changing the land use since the City is
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Planning & Zoning Commission Minutes
• September 13, 1994
rapidly losing its industrial use areas. He believed it was a substantial change from
the character of PGA National.
2. All neighboring property owners within PGA National should be notified of the
petition to change the land use.
3. Some Commissioners expressed concern about densities, access, and compatibility.
4. The Chairman and one Commissioner stated although the petition may not be a
substantial deviation, they would vote for denial.
5. Staff is to review the Land Development Regulations to determine whether this would
be a substantial deviation.
5. A Public Hearing will be scheduled for the October 11, 1994, Commission meeting.
4. The Chairman and one Commissioner stated although the petition may not be a
substantial deviation, they would vote for denial.
5. Staff is to review the Land Development Regulations to determine whether this would
• be a substantial deviation.
6. A Public Hearing will be scheduled for the October 11, 1994, Commission meeting.
OLD BUSINESS
News Rack Ordinance:
Mr. Carl Sabatello discussed the draft of an ordinance provided to the Commission members and
requested their input. Questions raised by Mr. Sabatello were whether only certain areas within the
city should be designated for news racks, what distance should they be from main roadways, should
colors and heights be regulated, and should a security deposit and annual fees be required. In
response to Ms. Diane Carlino's question who newspaper companies went to in order to request they
be able to place a news rack at a specific location, Mr. Sabatello replied that there was no one and
that the vendor picked his own location.
Following discussion of this item, City Attorney Thomas Baird stated the Florida League of Cities
should be contacted to obtain a sampling of ordinances from other communities.
Chairman Ornstein questioned why the City could not pass an ordinance to regulate news racks
without consulting anyone. Attorney Baird explained that to some extent that would be regulating
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Planning & Zoning Commission Minutes
• September 13, 1994
the right of free speech. Mr. Sabatello questioned whether news racks could be limited to private
property and not on public roadways. Mr. Baird stated since this would be met with some resistance
that his suggestion was to research what has worked in other communities, so that the Commission
could be well prepared with their arguments ready to explain why this would be a reasonable
regulation of free speech. Mr. Baird further stated the News Rack Committee should identify the
various features they consider important, and that he would then incorporate those features into a
draft which he could circulate to the attorneys for the Palm Beach Post and Jupiter Courier for
feedback. The resulting document would then be presented to the Planning and Zoning Commission
for consideration, with their final version to be presented to the City Council.
NEW BUSINESS:
There was no new business to be brought before the Commission.
•
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Planning & Zoning Commission Minutes
• September 13, 1994
C
ADJOURNMENT:
There being no further business, the meeting was adjourned at 10:00 p.m. The next meeting will
be held September 27, 1994.
Chairman
4�1'�
Diane Carlino
(Absent)
Daniel Honig
(Absent)
Michael Posner
(Absentl
John Glidden, Alternate
J c e Holloman, Secretary
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Carl abatello, Chairman -Elect
William Mignogna
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Thomas Pastore, Alternate