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HomeMy WebLinkAboutMinutes P&Z 121493CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION DECEMBER 14, 1993 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, Vice Chairman Joseph Hamzy, Members Carl Sabatello, Alan Strassler, Phillip Lyddon, and Alternate Member William Mignogna. Absent were Members Diane Carlino and Daniel Honig. Also present were Attorney George Baldwin and Council Liaison David Clark. ANNOUNCEMENTS: Mr. Bristol Ellington announced the December 28, 1993, Planning and Zoning Commission meeting had been cancelled and that the next meeting would be held on January 11, 1994. • APPROVAL OF PLANNING & ZONING COMMISSION MINUTES: November 91993 - Mr. Joseph Hamzy made a motion, seconded by Mr. Mr. Alan Strassler, to approve the minutes of the November 9, 1993, Planning and Zoning Commission Meeting. The motion was unanimously approved by a 6 -0 vote. November 23, 1993 - Mr. Phillip Lyddon made a motion, seconded by Mr. William Mignogna, to approve the minutes of the November 23, 1993, Planning and Zoning Commission Meeting. The motion was approved by a 4 -0 vote with Mr. Alan Strassler and Mr. Joseph Hamzy abstaining. PLANNING AND ZONING COMMISSION PUBLIC HEARING: 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 meeting} Mr. Bristol Ellington, Planner, reviewed the staff report dated December 9, 1993. Mr. Steve Mathison stated the project had been delayed because the contract had been \� terminated, but that First Union was working with another potential contract purchaser. He also stated Kimley -Horn Engineers will be conducting a traffic analysis. Mr. Mathison then • Minutes - Planning & Zoning Commission Meeting Page 2 December 14, 1993 requested a postponement of the public hearing until January 11th or 25th, 1994. Mr. Tom Straight, Attorney with Mercer and Sawyer, addressed the Commission and reaffirmed First Union Bank's commitment to develop the property. In response to a question from Chairman Ornstein, Mr. Straight stated they hoped to sign a contract very soon with a contract purchaser and that First Union intended to control the entire process. Chairman Jeffrey Ornstein opened the Public Hearing. There being no public comment, the Chairman asked for a motion. Motion: Mr. Carl Sabatello made a motion to postpone the public hearing for PUD 93 -12 to January 25, 1994. Mr. William Mignogna seconded the motion. The motion was unanimously approved by the Commission with a 6 -0 vote. Chairman Ornstein stated if all information was not submitted in a timely manner he would be in favor of letting the project die. • PUBLIC HEARING: Petition PUD- 93 -13, by Lawrence Smith, agent for American Financial -Downs Partnership, to amend the Bridge Center Planned Unit Development, created by Ordinance 12, 1986 and subsequently amended by Ordinance 27, 1991 and Resolution 85, 1992, for a one -year time extension for the development of a 14,400 square - foot restaurant and a 13,946 square -foot office development on 2.678 acres. Located on the northwest corner of PGA Boulevard and Ellison Wilson Road. (5- 42S -43E) {Postponed from 11 -9 -93 and 11 -23 -93 meetings} Mr. Bristol Ellington, Planner, reviewed the staff report dated December 9, 1993. In response to an inquiry from Mr. Alan Strassler concerning Yvonne Ziel's recommendation for the construction of a northbound left turn lane along Ellison Wilson Road into the project, Mr. Ellington stated Engineer David Getz had stated the turn lanes on PGA Boulevard should be disregarded because of construction problems. Mr. Lawrence Smith, representing the property owner, addressed the Commission. He stated water and sewer are on the site and an additional seven feet (7') of right of way plus a corner portion had been dedicated which he believed gave the project some vested status and exhibited good faith. Chairman Jeffrey Ornstein stated he was not in favor of granting a time extension for this project since nothing had been initiated toward moving forward, with the exception of the right of way dedication. He stated he did not believe the dedication of a corner of the right • Minutes - Planning & Zoning Commission Meeting Page 3 December 14, 1993 of way constituted "good faith ". He further stated no landscaping had been installed nor had any permits been issued during the eight (8) years since the project was first approved. Mr. Lawrence Smith stated his client is attempting to sell the property. Mr. Joseph Hamzy pointed out he had stated last year that the project should be terminated. Chairman Ornstein opened the Public Hearing for PUD 93 -13. Attorney Gerald Rossow stated he represented property owners in Palm Beach Gardens who were opposed to the project because of public safety, heavy traffic, and much growth during the last few years. He stated the petition should be denied. Mr. Lawrence Smith inquired if Mr. Rossow represented other restaurant owners in the area who feared competition from a new restaurant. He was told by Chairman Ornstein this was not an issue the Commission should address and should only consider the time extension. Motion: Mr. Carl Sabatello made a motion to recommend denial to the City Council for • a time extension for PUD 93 -13. Mr. Alan Strassler seconded the motion. The motion for denial was unanimously approved by the Commission with a 6 -0 vote. WORKSHOP MEETING: Petition PUD- 93 -17, by David Walderon, 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. Bristol Ellington reviewed the staff report dated December 9, 1993. In response to a question from Chairman Ornstein regarding landscaping, Mr. Ellington stated the minimum requirement is that associated landscaping for the streetscape be installed at the time of the construction of the adjacent homes. Chairman Ornstein stated the petitioner should reconsider their plans for landscaping the street right -of -way. Mr. Mark Hendrickson, Forester, stated the original plan showed the streetscape trees to be located on the lots. Chairman Ornstein stated he was concerned if two units were built a considerable distance apart, there would be no landscaping between the two lots. Mr. Ellington distributed a letter dated December 14, 1993, from Northern Palm Beach County Water Control District which stated their review of the plat did not detect the • omission of the Water Management Maintenance Easement over Tract F -1. Also, the only legal and physically acceptable access and maintenance area to their canal was Canterbury • Minutes - Planning & Zoning Commission Meeting December 14, 1993 Page 4 Drive East. Further, it was stated that any placement of trees, plants or landscaping other than sod would obstruct their maintenance efforts. Mr. Joseph Hamzy suggested that access and maintenance of the canal could be done by boat rather than traversing property owners' yards. Discussion ensued concerning the landscaping along the bank of the canal. Chairman Ornstein stated a meeting should be held involving staff, the petitioner, and Northern Palm Beach County Water Control District to discuss the difference between the approved landscaping and what was platted for the area. Mr. Hamzy stated he did not believe landscaping the bank of the canal would improve the project, and that it would be difficult to maintain any landscaping other than grass in that area. Chairman Ornstein stated he was opposed to changing any of the setbacks. Regarding pools and screening, he also stated anything less than 5 -foot setbacks would not be acceptable. Mr. David Walderon, agent for Canterbury associates, addressed the Council and gave a • history of the project. He further described the various proposed models and setbacks. Discussion ensued concerning the requested setbacks. Mr. Carl Sabatello stated he had a problem with the screen enclosure setbacks and believed they should be at least 3 -5 feet in order to have landscaping on the property. He believed the side setbacks should be a minimum of 10 feet. Mr. Sabatello stated he also needed to see the elevations at the next meeting and that the issue of landscaping along the canal needed to be addressed. It was the consensus of the Commission that the Fire Department should comment on access to the rear of the lots. Chairman Ornstein stated the petitioner should submit to the City the elevations of existing units, elevations of any proposed units, plans that indicate minimum 5 -foot setbacks for side and rear screens, and side setbacks of 10 -foot: minimum. He stated he could not vote for the project with the setbacks as proposed. Further, he stated the perimeter landscaping would still need to be addressed. Discussion ensued concerning setbacks previously approved for other developments in PGA National Resort Community. • Mr. Joseph Hamzy stated he was not comfortable with less than 10 -foot set backs and a rear • Minutes - Planning & Zoning Commission Meeting December 14, 1993 Page 5 set back of 15 feet. He stated drawings showing landscaping inside the property lines needed to be submitted. He further stated those lots which are back -to -back should be allowed a zero rear set back for screens. Mr. Alan Strassler stated he believed a policy should be developed regarding setback requirements, and Chairman Ornstein pointed out that with PUD's setbacks are negotiable. WORKSHOP MEETING: Petition Z -93 -01 and Petition CU- 93 -069 by George F. Alsbrooks III, agent for the John D. and Catherine T. MacArthur Foundation, representing AT &T Communications, is requesting a rezoning from the Palm Beach County zoning designation of AR, Agricultural Residential, to the Palm Beach Gardens zoning designation of RS -1, Residential Single Family, and a conditional use for a regenerator on property located at the northwest corner of the intersection of Florida's Turnpike and Beeline Highway. (22- 42S-42E) Mr. Bristol Ellington reviewed the staff report dated December 9, 1993. • Mr. George Alsbrooks, agent, explained the purpose of the request. Mr. Joseph Hamzy asked if it were possible to expand the existing building rather than build a separate building. Chairman Ornstein stated there could be either some coordination between the design of the two buildings or an addition to the existing structure. It was suggested that some type of covered walkway could tie the buildings together. Mr. Ornstein also stated consideration should be given to moving the buildings closer together in order to increase the rear yard setbacks. Mr. Alsbrooks stated the proposed building was pre- fabricated. Mr. Sabatello stated photographs would be helpful, and he believed the two buildings should be similar in appearance. Mr. Alan Strassler asked if additional landscaping could be installed to the south of the existing building within the fence line in order to shield it from the road. Mr. Joseph Hamzy stated he was more concerned about landscaping at the back of the building, and further stated he hoped the landscaping would be maintenance free. • In response to a question from Mr. Richard Walton, Chairman Ornstein stated staff should • Minutes - Planning & Zoning Commission Meeting Page 6 December 14, 1993 proceed with the rezoning process and should advertise for a public hearing at the January 11, 1994, Planning and Zoning Commission meeting. WORKSHOP MEETING: Regarding Covered Parking guidelines for Non - Residential Development Projects. Mr. Bristol Ellington reviewed the staff report dated December 9, 1993. In response to a question from Chairman Ornstein, Mr. Ellington stated City Council is withholding approval of the covered parking at the Harbour Shops until the Covered Parking Guidelines are adopted. The Commission discussed this item and concluded the following: A condition is to be added which states the construction of the covered parking does not impede or alter the security lighting and safety of the surrounding area. Mr. Ornstein stated perhaps lighting should be installed underneath the . structure. Guideline #3 should be amended to state the structural integrity shall be "subject to reviewed and approved by a structural engineer licensed by the State of Florida. Guideline #4 should be amended to state "structure shall comply with all density controls..." Mr. Carl Sabatello was concerned cloth awnings would discolor and deteriorate. Mr. Walton stated color samples could be submitted and approved, and if there was any deterioration, the awnings would have to be replaced in order to conform with their condition at the time of approval. It was the consensus of the Commission that this item should be scheduled for Public Hearing at the January 11, 1994, Planning and Zoning Commission meeting. WORKSHOP MEETING: Regarding Changes to Chapter 153, Landscape Ordinance. Mark Hendrickson, Forester, reviewed the staff report dated December 6, 1993. Mr. Joseph Hamzy initiated discussion concerning why the Landscape Ordinance applies only to commercial landscaping and not single family properties. • Further discussion ensued concerning the possibility of citing lawn service companies for Minutes - Planning & Zoning Commission Meeting December 14, 1993 Page 7 improper pruning. Discussion continued regarding enforcement problems which might result. It was the consensus of the Commission to advertise the Landscape Ordinance for a Public Hearing on January 11, 1994. 0 is • Minutes - Planning & Zoning Commission Meeting Page 8 December 14, 1993 • El ADJOURNMENT: There being no further business, the meeting was adjourned at 10:00 p.m. The next meeting will be held January 11, 1994. Chairman Alan Strassler (Absent) Diane Carlino / ' Phillip I�yWon J c e Holloman, Secretary (Absent) Daniel Honig iam Mignogna