HomeMy WebLinkAboutMinutes P&Z 091190CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
SEPTEMBER 11, 1990
REGULAR MEETING
The Regular Meeting 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, Domenick Lioce,
Joseph Hamzy, James Leatherman, Members; Rebecca Serra and Carl
Sabatello, Alternate Members.
were not in attendance.
Jack White and Alan Strassler
Approval of Minutes of Meetings of August 14, 1990 and August 28,
• 1990
Chairman Ornstein stated that at the Planning & Zoning meeting
held on 8/28/90, the Commission authorized him to write a letter
to the City Council clarifying three items pertaining to the
Wynfield project, which was before the Commission on 8/14/90.
—,Chairman Ornstein requested that his letter be incorporated into
i the minutes of 8/14/90, and that copies be sent to Commissioners.
-cA motion waw made, and seconded, to approve the minutes of
The motion was approved with a vote of 6 -1. Ms. Serra
,.;.abstained, stating she was not present on 8/14/90.
A motion was made, and seconded, to approve the minutes of
8/28/90. The motion was unanimously approved with a vote of 7 -0.
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• Public Hearing - PUD -90 -13 - Recommendation to City Council re:
(Oakbrook Corporate Center PUD) Amendment to the Oakbrook Corpo-
rate Center PUD to consolidate the Financial Centre PUD and the
Flame POD, to modify the approved site plan, to redistribute the
square footage of retail and office space and add two bank teller
drive - through lanes, and to incorporate previous modifications to
the approved site plan (23 & 26- 428 -42E) (Adv. 8/27/90) (To be
Recessed to 9/25/90)
Chairman Ornstein advised that the petitioner has requested the
Public Hearing be postponed to the Planning & Zoning meeting of
September 25, 1990, and asked Mr. Rich Walton, Planning & Zoning
Director, if a two week postponement would be long enough. Mr.
Walton stated that staff is still waiting for the petitioner to
submit additional information and said that a four week postpone-
ment would be better, giving staff adequate time for review.
Mr. Hamzy made a motion to recess the Public Hearing to October
9, 1990. Ms. Serra seconded the motion. The motion unanimously
• passed with a vote of 7 -0.
•
Chairman Ornstein declared the Public Hearing open and recessed
the Hearing to October 9, 1990, at 7:30 P.M.
Chairman Ornstein requested that staff notify the petitioner of
the Hearing date and of deadline for submittal of the required
information.
(The following two petitions were discussed simultaneously.)
Public Hearing - CU -90 -02 - Recommendation to City Council re:
(Hilarities Comedy Theater) Conditional Use in the CG -1 General
Commercial district, for the operation of a performing arts thea-
ter, proposed to be located within Building "A "of the Harbour
Shops, 2401 PGA Boulevard. (5- 42S -43E) (Adv. 8/27/90)
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• Public Hearing - CU -90 -03 - Recommendation to City Council re:
(Hilarities Comedy Theater) Conditional Use in the CG -1. General
commercial District, for the retail sale /service of beer and wine
for on- premise consumption within Building "A" of the Harbour
Shops, 2401 PGA Boulevard and a variance to Chapter 112, Section
112.21 of the Palm Beach Gardens Code, relative to the distance
restriction of 750' between alcoholic beverage vendors (5-425 -
43E) (Adv. 8/27/90)
Mr. Bristol Ellington, City Planner, reviewed the petitioner's
request, as stated in the staff report dated 9/6/90. Mr. Elling-
ton advised that since the staff report was prepared, the Fire
Marshal has met with the applicant and was informed that the
seating capacity has been reduced from 452 to 435, which is in
compliance with Fire Code regulations.
Mr. Ellington stated that staff recommends approval of this
petition with one condition, as follows:
At the point when the applicant relocates to Building "A ",
is the conditional use for the sale /service of beer and wine
for on -site consumption for the Building "H" location is
null and void.
Mr. Walter Wolfe, authorized agent for the petitioner, stated
he believes the relocation will improve the access and parking
situation. Mr. Wolfe further stated the type of entertainment
provided at the new location will be upgraded.
Chairman Ornstein declared the Public Hearing open for CU- 90 -02.
There being no comments from the public, the Public Hearing was
closed.
A motion was made, and seconded, to recommend approval to
the City Council for CU- 90 -02, Conditional use for the
operation of a performing arts theater at Hilarities, within
• Building "A" of the Harbour Shops, 2401 PGA Blvd.
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The motion unanimously carried with a vote of 7 -0.
Chairman Ornstein declared the Public Hearing open for CU- 90 -03.
• There being no comments from the public, the Hearing was closed.
Mr. Hamzy made a motion to recommend approval to the City Council
for CU- 90 -03, Conditional Use for the retail sale /service of beer
and wine for on- premise consumption at Hilarities, within Build-
ing "A" of the Harbour Shops, 2401 PGA Blvd., with the staff
condition as follows:
At the point when the applicant relocates to Building "A ",
the conditional use for the sale /service of beer and wine
for on -site consumption for the Building "H" location is
null and void.
Ms. Serra seconded the motion which unanimously carried with a
vote of 7 -0.
Public Hearing - Recommendation to City Council re: Involuntary
Annexation, under Palm Beach County Development Regulations of
three areas; (1) 338.7± acres, located in general, east of Pros-
perity Farms Road, west of the Intracoastal Waterway, between
• Donald Ross Road and PGA Blvd. (Area 1); (2) 459.5± acres con-
sisting of the developments known as Cabana Colony, Frenchman's
Landing Crystal Pointe, Maheu Subdivision /Estates, located west
of Prosperity Farms Road, and Palm Beach Gardens Camp Ground
(Area 2); and (3) 139.0± acres consisting of Westwood Gardens and
Westwood Lakes (Area 3).
Ms. Kim Glas, City Planner, stated that when Frenchman's Creek
was annexed into the City, the City entered into an Interlocal
Agreement with the County which stated the City would aggressive-
ly pursue annexation of enclaves and pocket areas, created by the
Frenchman's Creek annexation and previous annexations. Ms. Glas
reviewed the differences between a voluntary and involuntary
annexation and explained the referendum process. Ms. Glas stated
that staff has prepared an involuntary annexation report, as
required by F.S. Chapter 171, and is in the process of preparing
• an information packet for property owners.
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Ms. Serra requested clarification of information shown on Maps 2
• and 3 in the Involuntary Annexation Report. Ms. Glas explained
that the Starwood area in question is not inlcuded in the pro-
posed annexation.
Chairman Ornstein declared the Public Hearing open.
Mr. John Ally, 2425 Palm Harbor Drive within Palm Harbor, re-
quested clarification of who will be voting on the proposed
annexations. Chairman Ornstein reviewed the referendum process.
Mr. Ally asked if the school boundaries would be affected by the
outcome of the referendum. Chairman Ornstein explained that the
School Board determines boundaries, based on need. In response
to further questions by Mr. Ally, Chairman Ornstein stated that
an area annexed into the City would receive fire and police
protection from the City. Also, after annexation, County roads
• will continue to be maintained by the County and private roads
will remain private, maintained by the homeowner's association.
•
Palm Beach Gardens would respond to 911 calls.
Mike Martino, Mayor of Palm Beach Gardens, advised that previous
annexations have lessened the tax burden on the homeowners within
the annexation area.
Mr. Ron Steiber, resident of Cove Road in the Maheu area, asked
when information pertaining to pros and cons of the annexation,
tax base, services, etc. will be provided to residents within the
areas proposed to be annexed.
Mr. Rich Walton, Planning & Zoning Director, advised that fact
sheets will be sent out to all homeowners associations within the
annexation areas.
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Mr. Dave Burg, 2371 Palm Harbor Dr., stated the residents cannot
• make a decision on how to vote without receiving information
regarding the advantages and disadvantages of annexation. Mr.
Burg stated he does not believe it is fair that the City is
requesting the Planning and Zoning Commission to make a recommen-
dation to the City Council, when the Commission has not had the
benefit of public input.
Chairman Ornstein closed the Public Hearing.
Ms. Serra asked staff about the impact the proposed annexation
will have on City recreation facilities.
Mr. Walton stated the recreation program, if it becomes crowded,
will be limited to residents on a first -come, first -serve basis.
Mr. John Orr, City Manager, stated the City has recently puchased
a 15,000 sq. ft. building on Riverside Drive which will be ready
• for next year's recreation programs. Mr. Orr also advised that
the annexations, if approved by the voters, will be effective May
1, 1991 and will go on the tax rolls in 1992/1993.
Mr. Lioce made a motion to recommend approval to the City Council
•
for the Involuntary Annexation (of areas 1, 2, & 3 referenced
above) Mr. Rosen seconded the motion, which was unanimously
approved with a vote of 7 -0.
NEW BUSINESS
Inlet grate - northwest corner of MacArthur Blvd. & Lighthouse
Ms. Serra advised that the grate for an inlet on the northwest
corner of MacArthur Blvd. and Lighthouse Drive is always off, or
tipped, and needs to be fastened down.
e
Ben Franklin Crafts sign - Promenade Shopping Center
• Chairman Ornstein expressed his displeasure with the appearance
of the Ben Franklin Crafts sign at the Promenade Shopping Center
and stated it is his understanding that staff is currently look-
ing into the situation.
Planning & Zoning involvement in building permitting process
Mr. Hamzy recommended the Commission go on record to request
that the Planning & Zoning Department be placed in the plan
review process prior to issuance of a building permit, as this
would serve as a positive step in resolving situations such as
was recently experienced with Oakbrook Corporate Center.
Mayor Martino advised that the City Council is aware of and is
currently addressing the problem and stated that he will pass the
• Commission's comments on to the City Council. Mayor Martino
added that the Commission can assist by attaching specific condi-
tions to development recommendations, such as requiring color
spec numbers and plant species be noted on site plans.
40
A discussion ensued regarding the project recommendation /approval
process.
Palm Beach County Commission Meeting
Mayor Martino informed the Commission that he attended a meeting
of the Palm Beach County Commission at which they discussed
traffic performance standards, Countywide Environmentally
Sensitive Lands Ordinance and annexation. Mayor Martino stated
the County is considering placing the Environmentally Sensitive
Lands Ordinance on the November ballot.
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ADJOURNMENT
• There being no further business to discuss the meeting was
adjourned at 8:45 P.M. The next Regular meeting of the Planning
and Zoning Commission will be held Tuesday, September 25, 1990.
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C CHAI I ORNSTEIN
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ALAN RASSLER
MIKE--RA EST
JEAN LONG, S CRE
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