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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