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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. 1 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, • 2 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 3 0 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. 4 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 5 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. 6 • 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) 7 • 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. • 8 • 0 0 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. X 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. • 10 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. 0 11 0 zl- Jaes Kdetski Marty R.A. Minor, Secretary 12