HomeMy WebLinkAboutMinutes P&Z 010990CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
• JANUARY 91 1990
REGULAR KEETING
The Regular
Meeting of the City of Palm Beach Gardens, Florida,
was called to order by Chairman Don Vogel, 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: Don V
T
Acting Vice-Chairman;
Vogel, Acting Chairman; Dome nick Lioce,
Jack White, Alan
Jeffrey Ornstein, Mike Rosen, James Leatherman,
..
and Rebecca Serra, Alternate 4
Strassler, Members; Joseph Hamzy _ -
• Members.
ITEMS BY PLANN� AND ZONING DIRECTOR
Mr. Rich Walton, Planning
and Zoning Director, stated that since
it would be in order to appoint a perms=
all members are present,
a-
nent Chairman and Vice chairman.%
a
ITEMS BY CITY COUNCIL LIAISON he would
Mayor Michael Martino addressed the Commission stating a
to an questions the Commission may have'.
be happy to respond Y
Ms. Rebecca Serra, prese
nt in the audience, requested informaon
the city enacting a wetlands ordinance. Mayor
pertaining to Y
Martino advised that an environmental ordinance is being cons'
= is currently in the hands of the consultants and Bid
= ered and -
ant, City Attorney. -
1.
• Acting Chairman Vogel asked how long it will take to complete the
feasibility study for the proposed golf course. Mayor
Martino stated it will take roughly thirty days and advised that
the golf course property will consist of approximately 140 acres
on the north side of West Lake Park Road, approximately 1 1/2
miles west of the Beeline. An environmental assessment of the
property has not yet been made.
APPROVAL QF MINUTES
The minutes of the meetings of October 10, November 14, November
28, and December 12, 1989 were approved as submitted.
APPOINTMENT OF CHAIRMAN AND VICE CHAIRMANMR
• Mr. Lioce nominated Acting Chairman Vogel as Chairman of the
Planning and Zoning Commission. Mr. Rosen seconded the motion
A
which passed unanimously.
Mr. Rosen nominated Mr. Ornstein as Vice Chairman of the Planning
and Zoning Commission. Mr. Lioce seconded the motion which
passed unanimously.
PUBLIC HEARING - Z -89 -14 - Recommendation to City Council re:
(formerly known as the RCA Site) Rezoning from M -1 to PCD with
PUD approval for all parcels within the PCD located on a 102.7±
acre tract east of I -95, west of FEC Railroad and Alt. A -1 -A,
north of Burns Road and generally south of RCA Blvd. (7- 428 -43E)
(Adv. 12/25/89)
Mr. Strassler stated he has a possible conflict with this peti-
tion since he has worked with the developer in the past and is
currently working on a project with him that is in the planning
stage. Mr. Strassler stated he has no financial interest in the
N
subject project and would like to participate in the discussion
�• and vote, however, he will file a Conflict of Interest form.
Mr. Lioce stated he has a conflict of interest with the subject
petition as he represents the mortgage lender and is paid by the
borrower, who is the property owner. Mr. Lioce stated he will
participate in the discussion but will abstain from voting.
Mr. Rich Walton, Planning and Zoning Director, reviewed the
history of the project and advised the Commission that due to
traffic issues, the applicant has withdrawn his DRI application.
Mr. Walton stated that the property owner received a letter from
the State informing him that by platting the property and selling
the individual parcels, the DRI process could be avoided. Mr.
Walton advised that the property owner is currently going through
the platting process and has received approval from the City
�• Council for two of the,four proposed plats. Mr. Walton reviewed
A
a letter dated 1/8/90 from Mr. Kahart Pinder, City's Traffic
Consultant.
Mr. Walton advised that this is a City initiated rezoning and
that each PUD within the PCD will be reviewed by the Planning and
Zoning Commission and City Council prior to receiving approval
for verticle development. Staff is recommending approval of the
subject rezoning with the 22 conditions as listed in the Staff
Report dated 1/4/90.
Chairman Vogel declared the Public Hearing open.
Mr. Larry Smith, attorney representing the property owner, stated
he would prefer to see the rezoning approved with no conditions
3
�• and is not comfortable with the City placing a PCD on the proper -
ty-
Mayor Mike Martino addressed the Commission stating the City
Council and City Attorney are comfortable with the PCD /PUD zoning
on the property and believes that it is the best course of action
for the City and for the Region.
Mr. Ornstein made a motion to recommend approval of the above-
referenced rezoning with the 22 conditions recommended by staff
as follows:
1. Maximum floor area ratio (FAR)
shall not exceed 35 %.
2. Minimum front yard setback for
A. 25' for a two (2) story or
B. An additional one (1) foot
three (3) additional feet
above 25'.
3. Height restrictions:
on the overall PCD project
all buildings shall be:
251 high structure.
setback for each
Df building height
Lots 4 & 13 (South Park Center)
Lots 1 & 2 (RCA Blvd. Center)
Northcorp Center Site & Lots
5, 6, 7, 8, 9, 10, 11 (South Park Center)
Lot 1 (West Park Center) &
Lots 1,2,3 (South Park Center)
Lot 12 (South Park Center)
4
6 stories
8 stories
12 stories
15 stories
no development
permitted as
configured
4. Minimum Open Space* requirements:
Stories Open Space
1 - 4 28.0%
5 28.5%
6 29.0%
7 29.5%
8 30.0%
9 31.25%
10 32.50%
11 33.75%
12 35.0%
13 38.0%
14 41.0%
15 44.0%
*Open Space is defined as living plant material, water, and
landscaped plazas.
5. A. Antennas and microwave dishes shall be subjected to
specific PUD review for screening.
B. All roof - mounted equipment shall be totally screened.
6. The PCD shall be limited to 5% of the approved square foot-
age for retail use.
`• 7. No retail or commercial on the first 250' north of Burns
Road.
8. a. a 30 -foot wide landscape buffer along Burns Road with
a berm average three feet in height and planting.
b. a 20 -foot landscape buffer planting.
A
9. Lot coverage (structures) shall not exceed 40% of the
site area for a two (2) story building and shall be de-
creased by 2.5% for each additional floor of height above
two stories (Example: 10 stories; 50 - 8(2.5) = 20 %).
10. An 8' pathway (east /west) along Burns Road, from Military
Trail to Alternate A -1 -A, shall be constructed by the
petitioner.
11. Traffic impact fees must be paid in accordance with the
Palm Beach County Traffic Impact Ordinance.
A
12. City Council, in conjunction with the Developer, shall
determine community facilities impact fees and the timing
of payment for:
A. Recreation
B. Police
C. Fire*
*The Developer shall address the purchase on behalf of the
City Fire Department of one piece of fire fighting apparatus
that is acceptable to the Fire chief and is capable of
ladder and hose extension to the uppermost floor of the
project. This contribution shall be made prior to the first
building permit on any parcel other than the Northcorp
Center site.
13. Applicant shall implement any modifications or additions to
the proposed plan as a result of finalizing a DER Consent
Order dealing with the existence and clean -up of hazardous
waste on the site or adjudication of same, or resolution of
the Lilac Street concern acceptable to the City. Engineer.
14. Building floors will need to be protected from the 100 year
- 3 day, zero discharge storm event. Roadways will need to
be protected from the 10 year - 1 day storm event. Parking
lots will need to be protected from the 3 year - 1 day storm
event.
00 15. Prior to the final surface water management calculations,
applicant will need to provide the size and location of the
culverts along Burns Road and I -95, and provide for any
off -site drainage.
1•
16. The stormwater run -off from RCA Boulevard will need to be
directed into the on -site stormwater management system in
the final design.
17. The off -site drainage ditches that serve the project will
need to be cleaned of debris, vegetation, and backfill
prior to issuance of the first building permit, on any
parcel except the Northcorp Center site.
18. The existing corrugated aluminum riser will need to be
replaced prior to issuance of the first building
permit, on any parcel except the Northcorp Center site.
19. The littoral planting shall be installed along the water
retention area on the west side of the project.
20. The Developer will continue the streetscape continuity along
all R.O.W.
ri
21. The following are uses allowed with the submission of each
PUD.
1. Retail:
Wearing Apparel
Toys
Sundries
Jewelry
Camera /Photos
Florist
Gift Shop
Delicatessen
Bakery
Office Equipment
Food and Drug Sales (each food or drug store shall be
limited to a maximum size of 5,000 sq. ft.)
2. Service Establishments:
Barber /Beauty Shop
Shoe Repair
Laundry /Dry Cleaner
Print Shop
Travel Agency
Employment Office
Ob Restaurant
Health Club
3. Business School
4. Express or Parcel Delivery, Telephone Exchange
5. Hotel /Motel - One allowed in the project, limited to
a maximum of 120 guest rooms or suites or combination
of rooms and suites
6. Art Gallery, Museum, Dance, Art or Music Studio
7. Retail sale of beer and wine if in conjunction with
restaurant or convenience store
8. Day Care Center
9. Bar /Liquor Store
10. Laundromat
11. Car Wash
00
7
12. Fraternal Organization
13. Commercial Recreation including ancillary driving
ranges
22. Kahart Pinder's conditions from his letter dated
January 8, 1990 (attached) be made a part of this approval.
Mr. Rosen seconded the motion.
The motion passed with a vote of 6 -0. Mr. Lioce abstained.
PUBLIC HEARING - 8 -89 -13 - Recommendation to City Council re:
(Bunny Plaza II) Rezoning of 3.45 acres from CG -1 to PUD with the
uses designated in CG -1 and site plan approval for the construc-
tion of a 17,695 sq. ft. retail plaza (Phase II) adjacent to an
existing 16,540 sq. ft. retail plaza (Phase I). Located at 9091
N. Military Trail. (To be recessed to 1/23/90) (Adv. 12/24/89)
(13- 428 -42E)
Chairman Vogel declared the Public Hearing open and at the peti-
tioner's request, recessed the Hearing to 1/23/90 at 7:30 P.M.
• PREAPPLICATION REVIEW - PUD -89 -33 - Recommendation to City Coun-
cil re: (Croquet villas) Creation of a Planned Unit Development
(PUD) within PGA National Community, on Parcel M -3, to include 19
zero lot line single - family patio homes (10- 428 -42E)
Mr. Bristol Ellington, City Planner, reviewed the Staff Report
dated 1/5%90 and stated that the 30' access easement around the
0•
perimeter of the site is maintained by the North Palm Beach
County Water Control District. The petitioner is proposing to
provide 20' and is currently working with NPBCWCD to establish
the exact width of the easement. This can be accomplished
through the NPBCWCD permitting process.
Mr. Ellington advised of concerns expressed by Mr. David Getz,
City's Engineer, which include the proposed 36' ROW, rather than
38' established by the City as the minimum ROW; and the 73'
8
t�
Ob
�.
house -to -house separation from lot 19, rather than the 78' de-
sired by the City Council.
Mr. Ellington referenced a letter from Mr. Mark Hendrickson, City
Forester, outlining his recommendations.
Mr. Ellington stated the Fire Department has advised they do not
feel the proposed width of the access lane out of the site is
adequate.
Ms. Donna Cesaro, with Urban Design Studio, gave a brief overview
of PGA National and distributed a Cumulative Data sheet to the
Commission.
Ms. Cesaro addressed concerns expressed by David Getz, City's
Engineer and Pete Bergel, Fire Marshal and stated that any prob-
lems should be resolved by the next meeting.
Mr. Ornstein asked why the ROW is proposed to be 36' rather than
the established minimum of 381.
Mr. E. Llwyd Ecclestone, III, Developer of the site, stated the
38' ROW could be provided by reducing the 15' front building
setback. Mr. Ornstein asked if the buildings could be moved back
one foot. Mr. Ecclestone stated the buildings can not be moved
back because Northern Palm Beach County Water Control District
owns the access easement at the rear of the property.
Ms. Cesaro stated the petitioner disagrees with Mark
Hendrickson's replacement clause because he is requesting the
caliper of the replacement tree be greater than that of the tree
destroyed. Mr. Lioce stated, and the Commission agreed, that Mr.
Hendrickson's replacement clause should remain as written to
serve as a deterrent to destroying trees.
G7
Ms. Laurie Schwab, with Communities Construction at PGA National,
presented architectural elevations.
The Planning and Zoning Commission directed staff to schedule the
project for the next meeting for consideration of a Recommenda-
tion to the City Council (to be held on January 23, 1990).
PREAPPLICATION REVIEW - PUD -89 -34 Recommendation to City Council
re: (The Hunt Club) Amendment to Northridge PUD (now known as
"The Hunt Club ") to provide for a solid six -foot masonry wall in
lieu of the approved wall /fence on the eastern boundary, located
on 4.33 acres north of Northlake Blvd., east of Gibson Road.
(14- 428 -428)
Mr. Bristol Ellington, City Planner, reviewed the Staff Report
dated 1/4/90 and stated that during a previous amendment to the
PUD, the Commission recommended that the hedge on the north
property line be installed at the same time as the fence. The
( fence has been installed, however, the hedge still has not and
staff questions when this will be done.
\.
Mr. Ellington advised that Mr. Hendrickson, City Forester, has
requested clarification of the type of hedge material proposed
and the height at which it will be maintained.
Mr. Steve Mathison, attorney representing the petitioner, stated
that he will address the questions raised by staff at the Public
Hearing.
The Commission requested that the petitioner provide material
and color samples for the east and west sides of the proposed
wall at the Public Hearing.
y PREAPPLICATION REVI EW - PIID -89 -32
`( oil re: (United Artists Theatre)
Plaza PIID (A /R /A Promenade Plaza)
ing design, as it exists, and app;
Artists Theatre. Located at 9930
43E)
- Recommendation to City Coun-
Amendment to Gardens East
drawings to reflect the build -
roval of signage for the United
Alternate A -1 -A. (7&18-42S-
Mr. Bristol Ellington, City Planner, reviewed the Staff Report
dated 1/4/90, outlining the elements of the project which deviate
from the original approval.
Mr. Lioce stated he has a conflict of interest with this peti-
tion. He represents the developer, Gadco, and will abstain from
voting.
Mr. Rosen stated he has a conflict of interest with this peti-
tion. His company is involved in the construction of the project
and will abstain from voting.
• Mr. Ornstein stated he has a conflict of interest with this
-- petition. He has been employed as a consultant for Gadco and
will abstain from voting.
Mr. Craig Livingston, authorized agent for the petitioner, ad-
vised that the PUD drawings approved by the City Council were
not included with the Lease Agreement signed by United Artist
Theatres. Some changes were required to comply with the Building
Code. Mr. Livingston stated that the petitioner is also request-
ing a change in the sign for the theatre. The name has changed
from "UA the Movies" to "United Artists Theatre Circuit, Inc.,"
and is now known as "United Artists Theatre ".
The Commission requested the petitioner submit detailed drawings
of the proposed signage at the Public Hearing.
11
(•
The Commission directed staff to schedule this petition for
the next meeting for consideration of a Recommendation to the
City Council.
There being no further business to discuss, the meeting was
adjourned at 9:00 P.M. The next meeting of the Planning and
Zoning Commission will be held on Tuesday, January 23, 1990.
Q "
�i�i✓ O r 2C Qir-e-�
JEAN LON ECR Y
12
' , FORM 86 MEMORANDUM OF VOTING CONFLICT FOR
CUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
J !� �� i� ,9 AJ IJ 1,.1 c zC AJ JQ (I
(LING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH 1 SERVE IS A UNIT OF:
79 y
DVS OrHER LOCAt AGENCY
CITY ClUN fl' CI Y <(1
NAME OI- Ptri ITICAL SUBDIVISION:
6S4CA� C04r ?0 t,S /=L_ 33j��v c ►,I oP P,tL�
uAl'E ON wHIC'll VOTE OCCURRED MY POSIHON IS:
O ELECTIVE APPOINTIVE,,
WHO MUST FILE FORM SB
This form is for use by any.person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a venting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
SLECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording,
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
-IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
•• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
I (11( \I )III III.N6 PAGE
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
•• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting; who should incorporate the form in the minutes.
•
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, 119rf— 1��1� _ , hereby disclose that on _ 1-9 '19 q0_:
(a) A measure came or. will come before my agency which (check one)
inured to my special private gain; or
X inured to the special gain of _ I iZc,wl EN22_ i t� (� l_ Nr42 , by whom I am retained.
(b) The measure (before my agency and the nature of my interest in the measure is as follows:
fzc�• �CUr hS��fZ�"'" r ��� cv too r r
Date Filed
tS -q�
Signal
• NOTICE: UNDER PROVISIONS OF FLORIDA STATUTE §112.317 (1985) A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY PUNTS BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE Ok EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
E FORM 86 • 10.86 PAGt
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
CdUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
i AST NAME —FIRST NAME — MIDDLE
?.IOCE Domenick Ralph
VG ADDRESS
Tarrington Circle
Palm Beach Gardens
UA1 E ON WHICH VOI E (WCURREU
January 9, 1990
couNT1
Palm Beach
NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Palm Beach Gardens Planning & Zoning Board
I1-HE BOARD. CUUNCIt.. COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF: 1
('111, coUNTY OTHER LOCAI AGENCY
NAME OF POLITICAL SUBDIVISION:
Palm Beach Gardens
MY PUSI TION Is:
. RLTO FEE APPOINTIVE
WHO MUST FILE FORM as
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will. vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ACTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local ufficer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure,on'
which you are abstaining from voting; and
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible forrecordiirg:
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on-a measure which
Inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whoa[ he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has.a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence-the decision by oral or written communication; whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
au should complete and file this form (before making any attempt to influence the decision) with the person responsible for
cording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
I ()M%l +IB luau, PAGE
r�h
IF IDU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• Y9u should disclose orally the nature of your conflict in the measure before participating.
y {ou should complete the form and rile it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, llomenick R. Lioce _ , hereby disclose that •on Saruary 9 , 19 90
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or
IL inured to the special gain of
Centerbank
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Re: RCA Site
Q l'
, by whom I am retained.
I represent the Lender, Centerbank; however, fees are paid by the Borrower.
January 12, 1990
Date Filed Signature
(WTICE: UNDER PROV.L AIS: OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY. REPRIMAND; OR A CIVIL PENALTY NOT TO EXCEED $5,000.
E FORM IS • 10.66 PAGE