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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. f • 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) 2 • 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. 3 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. 4 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. 5 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. 7 � e 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. - - -- IT -- ---------------- C CHAI I ORNSTEIN - -- - -- --------------- -- ALAN RASSLER MIKE--RA EST JEAN LONG, S CRE 0 • T, JACK T. JOSE Y WN 8 - =-------- - - - - -- .TELLO