HomeMy WebLinkAboutMinutes P&Z 062591e
- CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
JUNE 25, 1991
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: Jeffrey Ornstein, Chairman; Mike
Rosen, Vice Chairman; Joseph Hamzy, James Leatherman, Carl Sabatello and Alan
Strassler, Members; and James Kuretski, Alternate Member. Domenick Lioce, Member,
and Rebecca Serra, Alternate Member, were not in attendance.
APPROVAL OF MINUTES OF MAY 28, 1991
• Mr. James Leatherman made a motion to approve the minutes of the May 28, 1991
meeting. Mr. Alan Strassler seconded the motion. The motion was approved
unanimously by a 7 -0 vote.
APPROVAL OF MINUTES OF .TUNE 11, 1991
Mr. James Kuretski made a motion to approve the minutes of the June 11, 1991 meeting.
Mr. Mike Rosen seconded the motion. The motion was approved unanimously by a 7-
0 vote.
ITEMS BY PLANNING AND ZONING DIRECTOR
Mr. Richard Walton, Planning and Zoning Director, informed the Commission that the
City Council will meet on June 27, 1991 to transmit an amendment to the City's
Comprehensive Plan to the Florida Department of Community Affairs.
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PLANNING AND ZONING
PUBLIC HEARING: PUD -91 -05 - Recommendation to City Council re: (Bridge
Center PUD) Amendment to Bridge Center PUD for a two -year time extension and
elimination of two parking spaces, located at the northwest corner of Ellison Wilson
Road and PGA Boulevard. (5- 42S -43E)
Mr. Bristol S. Ellington, City Planner, reviewed the staff report dated June 20, 1991 for
the above - referenced project. Mr. Ellington also referred to City Attorney Bill Brant's
June 25, 1991 letter concerning this project and the "good faith" clause pertaining to
project time extensions.
Mr. Lawrence Smith, agent for the petitioner, reviewed the chronology of the planning
for improvements to the Ellison Wilson Road -PGA Boulevard intersection as described
in his June 19, 1991 letter.
Mr. Joseph Hamzy stated that he believed that this is not a reasonable project for the
site. However, after reviewing Mr. Brant's letter, he can support the request, Mr. Hamzy
said.
Mr. Kuretski asked if construction plans had been drawn up for this project. Mr. Smith
responded that no construction plans had been created.
Chairman Jeffrey Ornstein asked Mr. Smith if the petitioner was willing to deed over the
necessary right -of -way with the approval.
Mr. Smith said the petitioner was willing to provide the right -of -way deed and comply
with the other staff conditions.
Chairman Ornstein asked if the right -of -way can be deeded over within 30 days of the
request approval. Mr. Smith said he would agree to that.
Chairman Ornstein then opened the Public Hearing. Hearing no public comment,
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Chairman Ornstein closed the public hearing.
Motion
Mr. Hamzy made a motion to approve the above - referenced petition with the following
eight conditions:
1. All applicable conditions outlined in Ordinance 12, 1986 shall remain in full
force.
2. The signage package shall return to the City for review and approval in
accordance with the City's Sign Code.
3. Upon issuance of a building permit, the petitioner shall pay all applicable
impact fees, including the City's Art in Public Places and the County's
Aggregate Impact Fee.
4. There shall be a detailed construction landscape plan submitted to the City
prior to pulling the first building permit, that shall combine the approved
landscape plan with the approved site plan. The construction landscape
plan shall be reviewed and approved by the City Forester for consistency
between the two approved plans within 30 days.
5. Any minor deviations from the construction landscape plan shall be
documented by the Landscape Architect of Record and approved by the
City Forester.
6. The Landscape Architect of Record shall document that all landscaping has
been done according to the approved plans prior to the issuance of the
Certificate of Occupancy.
7.. If the office building and restaurant are not started within six months of
. each other, it shall be required that all landscaping around the perimeters
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of said project shall be installed and all interior landscaping shall be
installed except the vacant build site. The vacant building lot shall be kept
in a neat appearance.
8. The petitioner shall provide the deed to the necessary right -of -way to the
City within 30 days of the approval of this petition.
Mr. Rosen seconded the motion.
The motion was approved by a vote of 6 -1, with Mr. Kuretski dissenting.
PUBLIC HEARING: Z -90 -08 - Recommendation to City Council re: (Palm Beach
Gardens Medical Center) Rezoning the 22.122 -acre hospital site from P.O., Professional
Office and P.O., Professional Office with a Conditional Use to allow for a hospital
facility to a zoning designation of Planned Unit Development to expand the existing
211,00 square -foot hospital to 290,300 square feet. Located on the south side of Burns
Road and east of Gardens East Drive. (7- 42S -43E)
Mr. Ellington, City Planner, reviewed the staff report dated June 20, 1991 for the above-
referenced petition and indicated the revised construction phasing schedule and the
reduction in the total buildout square footage from 296,300 square feet to 290,300 square
feet.
Chairman Ornstein complimented the petitioner for working so closely with the
Commission during the project review process.
Mr. Raymond Royce, agent for the petitioner, said that he believed that all issues had
been resolved. He said the proposed Women's Pavilion has been revised to include a
third floor on the existing hospital structure and an increased setback from Gardens East
Drive.
Chairman Ornstein said he wanted a review of the landscaping in front of the Women's
Pavilion. Mr. Bill Harvard, architect for the project, said that the berm west of the
pavilion will be six to eight feet high with lush landscaping on it.
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Mr. Kuretski said he had a concern with the delivery truck entrance and the size of the
delivery trucks.
Mr. Michael Hoffman, chief financial officer for the hospital, said he has contact all of
the hospital's vendors and informed them to not use the Gardens East Drive entrance
for deliveries. If the delivery trucks continue to use the Gardens East Drive entrance,
the hospital will then terminate the vendor's contract, Mr. Hoffman said.
Mr. Hamzy said he was pleased with the hospital's revisions but was concerned with the
use of a one -way road for the Women's Pavilion.
Mr. David Ray of Kimley Horne and Associates, traffic engineer for the project, said
there will be a 25 -foot turning radius at the drop -off point for the Women's Pavilion.
Chairman Ornstein questioned whether Mr. Ray would have any objections to placing two
lanes west of the Women's Pavilion. Mr. Ray said he' would agree to two lanes.
• Mr. Walton said the City Engineer may have concerns about a two -lane road west of the
Women's Pavilion because of its connection to an _ entrance /exit from Gardens East
Drive.
Mr. Rosen suggested that condition #3 of staffs conditions found in the aforementioned
June 20, 1991 staff report be revised to indicate a two -lane road per the approval of the
City Engineer.
Mr. Carl Sabatello stated that he would like to see the trees proposed for the buffer
along the western side of the property to be planted in a staggered fashion.
Mr. Alan Strassler suggested that the petitioner clear up the parking configuration south
of the outpatient center area.
Chairman Ornstein opened the Public Hearing.
. Mr. Robert Hendrickson, who lives across Gardens East Drive from the hospital, said he
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was opposed to the Women's Pavilion because it will be in "his front yard." He
suggested that the building be constructed in the rear of the site.
Chairman Ornstein said the petitioner has included comments from the neighbors in its
project design.
Mr. Hendrickson said he was pleased that the hospital's deliveries will come in off of
Burns Road and not Gardens East Drive. In the past, delivery trucks has disturbed him,
he added.
Hearing no further public comment, Chairman Ornstein closed the Public Hearing.
Motion
Mr. Rosen made a motion to approve the above - referenced petition with the following
six conditions:
1. If a certificates of occupancy are requested beyond June 30, 1993, then the
petitioner shall submit a new traffic analysis showing compliance with the
standards of Ordinance 90 -40, or the applicable ordinance enforced at that
time.
2. All government approvals, including the local Health Department and
Medical Facilities Architect of H.R.S. in Tallahassee, shall be furnished to
the Building Department prior to issuance of building permits.
3. The entry road serving the Women's Pavilion shall be shown as two -way.
4. The landscaping of any particular area within any phase of work shall be
completed with the area under construction or before the next phase begins.
5. All existing landscaping to be saved during construction shall be protected
from construction or replaced with the like or better using the schedule
• stated in the above recommendation.
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6. The Landscape Architect of Record will document that each phase of work
has been done according to the landscape plan. Any minor changes to the
approved landscape plan will be documented by a Landscape Architect and
the City Forester. Any major landscape changes will be approved by the
City Council before work commences.
Mr. James Leatherman seconded the motion.
Mr. Sabatello made a motion to amend the motion with the following condition:
Additional trees shall be added to the landscape strip west of the proposed
Women's Pavilion. The landscaping trees in this areas shall be placed in
a staggered fashion.
Mr. Rosen seconded the amendment to the motion.
The amendment was unanimously approved by a 7 -0 vote.
Mr. Strassler proposed a second amendment to motion. The amendment is as follows:
The petitioner shall simplify the traffic pattern south of the proposed
outpatient center.
Mr. Rosen seconded the second amendment to the motion.
The second amendment was unanimously approved by a 7 -0 vote.
The motion with two amendments was then approved by a 7 -0 vote.
PUBLIC HEARING: CU -91 -02 - Recommendation to City Council re: (Miami Subs)
Conditional Use in the CG -1 General Commercial zoning district 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. Located east of U.S. Highway One, approximately
600' south of PGA Boulevard. (4- 42 -43E)
PUBLIC HEARING: VAR -91 -01 - Recommendation to City Council re: (Miami
Subs) 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 east of U.S. Highway One, approximately 600' south
of PGA Boulevard. (4- 42S -43E)
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• Mr. Ellington, City Planner, reviewed the staff report dated June 20, 1991 for the two
above - referenced petitions.
Chairman Ornstein asked if all Miami Subs restaurants sell alcohol.
Steven Klass, holder of the franchise for the Miami Subs restaurant, said about "99
percent" of the chain's restaurants sell beer and wine.
Chairman Ornstein said he did not believe the city needed another beer and wine
vendor.
Mr. Rosen said he had no problem with the petitioner's request.
Chairman Ornstein opened the Public Hearing for the Conditional Use petition. Upon
hearing no public comment, Chairman Ornstein closed the Public Hearing.
Motion
• Mr. Rosen made a motion of approval of the above - referenced Conditional Use petition
with no conditions.
Mr. Leatherman seconded the motion.
The motion was approved by a 6 -1 vote, with Chairman Jeffrey Ornstein dissenting.
Chairman Ornstein opened the Public Hearing for the Variance petition. Upon hearing
no public comment, Chairman Ornstein closed the Public Hearing.
Motion
Mr. Rosen made a motion for approval of the above - referenced Variance petition with
the following condition:
1. Fifty -one percent (51 %) or more of the petitioner's gross sales each year
must derive from food and non - alcoholic beverages.
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Mr. Strassler seconded the motion.
The motion passed by a 6 -1 vote, with Chairman Ornstein dissenting.
PREAPPLICATION REVIEW: PUD -91 -06 - Recommendation to City Council re:
(Fairway Villas) Amendment to the Fairway Villas Planned Unit Development, adopted
on September 1, 1988 through Resolution 67, 1988, to convert 10 remaining duplex units
to 10 detached single family homes. Located within PGA National Community. (16-
42S-42E)
Mr. Ellington, City Planner, presented the June 20, 1991 staff report for the above-
mentioned petition.
Mr. Carl Sabatello and Mr. James Leatherman excused themselves from the consideration
citing conflict of interest with the above - mentioned petition. Mr. Sabatello is the
petitioner for the project.
Chairman Ornstein asked if the new single family homes had to be 15 feet apart to meet
City Building Code requirements. Mr. Sabatello responded by saying that City Building
Official Jack Hanson had reviewed the site plan, which includes less than 15 feet building
separations, and has no problem with it.
Mr. Sabatello said he is requesting the change from duplex units to single family homes
because of changing market conditions. He said the single family homes will be similar
in architectural style as the duplex. Conflicting appearance between the duplexes and
the single family homes have been a concern with residents in Fairways Villas.
Chairman Ornstein asked if the detached homes will be priced above the price of a
duplex unit. Mr. Sabatello the detached homes will sell for about $10,000 to $20,000
more than the duplex unit.
Mr. Hamzy said he wished the location of the detached homes would be more mixed
within the project. . The change of masses between the two types of units will be
noticeable, he added.
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Chairman Ornstein then opened the discussion for comments from the public.
Mr. Julius Cohen, a resident at Fairway Villas, said he liked the landscaping proposed
around the single family homes. He added that the homes should add to the value of
the existing duplex units.
Mr. Harold Foster, a new resident at Fairway Villas, stated that a majority of the
residents at Fairway Villas prefer that the developer continue with the original plan to
build duplexes. He added that there is a petition going around supporting this position.
Mr. Cohen said there was not a petition being circulated but only a general
questionnaire. He said the project's ad hoc committee voted 14 -4 against the planned
change from duplexes.
Chairman Ornstein said that the Commission will only make a recommendation to the
City Council and the Council will decide. He said the neighbors who oppose the change
• will be able to speak before the Council.
Motion
Mr. Rosen made a motion to recommend approval of the above - referenced petition with
not conditions.
Mr. Kuretski second the motion.
The motion passed by a 4 -1 vote with Mr. Hamzy dissenting and Mr. Sabatello and Mr.
Leatherman abstaining citing .conflict of interest.
WORKSHOP: AX -91 -02 - Recommendation to City Council re: Annexation under
Palm Beach County Development Regulations of 140± acres, located generally north of
Lake Park West Road (a.k.a. Northlake Boulevard), west of the Beeline Highway and
east of the Municipal Golf Course. (13- 42S -41E)
Ms. Kim K. Glas, City Planner, reviewed the staff report, dated June 19, 1991, for the
above - mentioned petition.
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Mr. Thomas Sansbury introduced himself to the Commission as the agent for the
petitioner.
Mr. Hamzy asked what the 140 -acre property will be used for.
Mr. Sansbury said he is not sure what the land will be used for. He added that the
County zoning for the property is Industrial. However, Mr. Sansbury said he would guess
that the property is eventually developed as low density residential.
Responding to a question from the Commission, Mr. Walton said that no Public Hearing
is required for this petition before the Planning and Zoning Commission. A Public
Hearing will be required before City Council.
Motion
Mr. Leatherman made a motion to recommend approval the above - referenced petition
with no conditions.
• Mr. Strassler seconded the motion.
The motion was approved by a 7 -0 vote.
There being no further business to come before the Commission, the meeting was
adjourned at 9:30 P.M.
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Jaes Kdetski
Marty R.A. Minor, Secretary
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