HomeMy WebLinkAboutMinutes P&Z 041189Y
CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
APRIL 11, 1989
REGULAR MEETING
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
Vogel, Chairman; Jeffrey Ornstein, Mike Rosen, Members. Domenick
Lioce, Alternate Member. John Toshner and Robert Hamner were not
in attendance.
The minutes of the meetings of February 28 and March 14, 1989
• were unanimously approved as submitted.
Items by the Planning & zoning Director
Mr. Rich Walton reported that the City is in receipt of a letter
from Vice Chairman John Toshner, dated March 30, 1989, advising
that he must resign from the Commission. Mr. Toshner expressed
his appreciation to the Commission, John Orr, and staff for their
on -going confidence and support.
Mr. Ornstein made a motion to recommend to the City Council that
Mr. Nick Lioce, Alternate Member, be elevated to Regular Member
to fill the vacancy created by John Toshner's resignation. Mr.
Rosen seconded the motion. The motion carried unanimously.
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PUBLIC HEARING - PUD -89 -03 - Recommendation to City Council re:
(High School) Rezoning from Palm Beach County zoning designation
of AR, Agricultural Residential District, to Planned Unit Devel-
opment (PUD) and a conceptual plan for a high school in the
underlying zoning district of GU - Governmental Use District,
located on a 60 -acre tract approximately 0.5 miles south of
Donald Ross Road, between Military Trail and Central Boulevard.
(Section 2, Township 42 South, Range 42 East) (Adv. 3/27/89)
Mr. Rich Walton, Director of Planning and Zoning, stated there
are still several staff concerns which have not been addressed by
the petitioner, as outlined in the staff report dated April 4,
1989, and for this reason staff recommends denial of the peti-
tion. A discussion ensued regarding staff concerns.
Mr. Walton advised that if the Commission is prepared to recom-
mend approval to the City Council, staff has prepared a list of
recommended conditions.
Mr. Hukill, Assistant Superintendent of Schools, addressed the
Commission and reviewed the conditions of approval recommended by
staff. Mr. Hukill'stated he is in agreement with the conditions,
with a few exceptions. A discussion ensued regarding these
issues.
Chairman Vogel declared the Public Hearing open.
Ms. Cynthis Plockelman, Environmentalist, addressed the
Commission stating there are Bachman Sparrows, also a threatened
species, existing on the site. Ms. Plockelman advised of the
problems associated with attempting to relocate a threatened
species and expressed her opposition to the proposed project.
Mr. Bill Hutchins, Environmental Education Teacher, addressed the
Commission stating he is opposed to the proposed site and is
concerned with the environmental issues involved, including
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•dangers associated with relocating endangered species such as the
Gopher Tortoise, Indigo Snake, Florida Mouse, and Gopher Frog.
Mr. Hutchins expressed concern with the proposed plan of utiliz-
ing the wetlands to filter refuse water, as water that flows from
any paved surface is contaminated with heavy metals. Mr. Hutch-
ins stated he feels the existing site is a better educational
tool than the school would be and suggested placing the school on
a site which is already environmentally impacted.
Ms. Rosa Durando, President Elect of the Audubon Society of the
Everglades, addressed the Commission stating the Department of
Environmental Resource Management has suggested three alternative
sites, all owned by Foundation Land Co., and stated she does not
• understand why this site was chosen rather than a more suitable
site in an already disturbed area. Ms. Durando stated she ob-
•
jects to the proposed package plant. Also, she has inspected the
site and has found that wetlands do exist. Ms. Durando stated
that the petitioner has had ample time to provide an environmen-
tal inventory and that environmental issues can delay a project
even though the requested zoning is granted. Ms. Durando stated
that relocation areas for the Gopher Tortoise are filled to
capacity.
Ms. Leah Schad, Chairman of the Board of the Florida Audubon
Society, addressed the Commission stating she is requesting that
the City delay giving approval to the petitioner as she feels the
major issue is the loss of the pristine upland on the site.
3
Mr. Walter Williams, Lantana resident, addressed the Commission
stating he is opposed to the proposed project and requested the
school be located elsewhere.
Ms. Karen Edwards, a Junior at Palm Beach Gardens High School,
addressed the Commission reading her letter, which was the win-
ning entry in a competition during "I Act for the Environment
Week" at Palm Beach Gardens High School. Her letter, sent to
Congressman Harry Johnston, asked that the destruction of wet-
lands, endangered plants and animals be stopped in the State of
Florida.
There being no further comments from the public, Chairman Vogel
closed the Public Hearing.
Mr. Ornstein made a motion to recommend denial to the City Coun-
cil for the above - referenced petition. The motion was seconded
by Mr. Lioce.
During discussion, Mr. Rosen stated that because of the
environmental issues, he would not be in favor of a shopping
center or condominium on this site, but that he feels the school
is needed and he is in favor of this petition.
Mr. Lioce stated there has not been sufficient information sub-
mitted to assess the importance of the environmental issues and a
professional report should have been obtained prior to this
meeting. Mr. Lioce stated he would like to see the project
approved with conditions.
Mr. Ornstein's motion was defeated with a vote of 3 -1.
4
Mr. Lioce made a motion to recommend approval to the City Council
for the rezoning to PUD with the following conditions:
1. The Traffic Impact Analysis will need to reflect the
correct number of entrances on Central Boulevard and
Military Trail. Also, the site plan needs to de-
lineate a right and left turn lane at both entrances
along Military Trail. The turning radii of the
entrances should be 60' minimum, as already shown
at the southern Military Trail entrance.
2. Engineering staff recommends that the School Board
construct the sidewalk along their frontage on
Military Trail.
3. The return radii of the "Parent Drop Off Loop" should
be 25 feet minimum.
4. Engineering staff needs to review the drainage
calculations for the storm sewer system.
5. The applicant will need to demonstrate conformance to
the Traffic Performance Standards prior to final
• approval by City Council.
6. The "Green Belt" plan, as shown on page SP -2, should
incorporate additional tree species to avoid monocul-
tural plantings of pine. Additionally, the proposed
chain link fence should be shifted east, outside the
greenbelt setback.
•
7. Provide a landscaping plan incorporating the "parkway"
concept.
8. Revise site plan to indicate overflow parking and gate
opening.
9. Areas designated as preservation sites throughout the
perimeter of this project have minimal tree quantities
within them. These areas can serve as excellent
"receiver" sites for transplanted units that might
otherwise be bulldozed. Plans showing intended
densities, heights and species should be generated
for this operation prior to final approval of the
project; otherwise compliance checks will be impracti-
cal.
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• 10. Asphalt or concrete curbing should be utilized
anywhere vehicular paving interfaces with vegetation
to prohibit vehicle trespass.
•
11. Tree spacing along Military Trail does not reflect
the 20 foot spacing required by our ordinance where
parking is adjacent to a public right -of -way.
12. The entrance islands should use some tree materials,
placed so as not to restrict the view of motorists.
13. The plans should show location of all improvements
that will require underground utilities. Also, a
lighting plan should be reviewed and approved by
staff.
14. Site drainage and, if required, wetlands mitigation,
must be permitted by the appropriate agencies.
15. Prior to the first workshop meeting by the City
Council, the inventory of plants, animals and species
listed by federal and /or state authorities shall be
completed. Prior to the first Public Hearing before
the City Council, a plan for relocation and satis-
faction of all those regulations and authorities shall
be proposed to the City Council for review. Prior to
any construction, clearing, or fencing of the proper-
ty, the process shall be completed with whatever
regulatory agencies necessary, which would include the
Florida Game and Fresh Water Fish Commission and any
others that are determined necessary.
16. The applicant must conform to the County's traffic
impact fee, if applicable.
17. The applicant will submit information to staff
showing evidence that it would be significantly more
costly to run sewer lines to the site than to provide
a package plant, and if that is true, the package
plant should remain as part of the plan, with the
condition that as soon as the lines are within
1,000 ft., the lines will be brought to the site,
at the petitioner's expense.
Mr. Lioce's motion was unanimously approved.
P
•
PreapUlication Review - Recommendation to City Council re:
(Middle School) Rezoning from Palm Beach County zoning designa-
tion of AR, Agricultural Residential District, to Planned Unit
Development (PUD) and a conceptual plan for a Middle School in
the underlying zoning district of GU - Governmental Use District,
located between Central Boulevard and I -95, immediately North of
the Shady Lakes Subdivision (Section 25, Township 41 South, Range
42 East)
•
Mr. Bristol Ellington, City Planner, addressed the Commission
stating the petitioner has provided information from South
Florida Water Management District which indicates there are no
functional wetlands on the site. Mr. Ellington stated that an
informal preapplication jurisdictional determination has been
provided from the Department of Environmental Regulation stating
they have no jurisdiction. However, in order for the determina-
tion to be binding, application must be made.
Mr. Ellington stated that the School Board has submitted
information addressing the concerns of LBF &H and Jon Iles, City
Forester. Comments have not been received from LBF &H on the
submittal.
Information has also been received concerning handicap parking,
which will be forwarded to Jack Hanson, Building Official, for
review.
Mr. Ellington stated the following conditions of approval, as
listed in staff report dated 4/5/89, must be addressed prior to
scheduling this project for Public Hearing.
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• 1) Revise site plan to provide for six required handicapped
parking spaces. This will be reviewed by Jack Hanson.
2) A revised site plan, drawn to scale and dimensioned properly
must be received.
3) Modifications to the site plan /building data, including
the access to the site from Central Blvd., must be received
in order to accurately reflect the amount of acreage for the
site. Also, the zoning request must be revised to GU, rather
than AG with a PUD.
4) Comments must be received from LBF &H and Jon Iles.
Mr. August Hernandez, agent for the School Board, addressed the
Commission presenting a revised site plan and pointing out the
proposed access road from Central Blvd.
Mr. Hernandez advised that the site plan will be revised to
provide for 6 handicap parking spaces and distributed a copy of
• the Florida Administrative Code, as well as copies of the Florida
Statute which states special codes apply to public school con-
struction.
Mr. Hernandez stated that all of the requested information has
either been submitted or will be submitted.
Mr. Hernandez advised that he has met with the residents of the
Shady Lakes Subdivision to discuss the proposed project and has
assured them that the School Board will be sensitive to the
treatment of the south property line.
Mr. George Gentile, President of George Gentile and Associates,
addressed the Commission discussing buffer treatment of the south
property line. Existing pine trees will be preserved as much as
possible.
8
•
Mr. Lioce questioned the advisability of building a middle school
in such close proximity to a residential subdivision and asked
what prompted the selection of this site.
Mr. Walton advised that the School Board did not own the project
site at the time of application, but was going through condemna-
tion procedures.
Mr. Hernandez stated Foundation Land Co. advised that they would
be in favor of a condemnation of this site.
Mr. Rosen asked that a member of the School Board Site Selection
Committee attend the Public Hearing to discuss this matter.
Mr. Walton pointed out that the sign advising of the proposed
_ zoning change is not visable to the public at the present loca-
tion. The petitioner agreed to place an additional sign on the
•
access roadway at Central B1vd.The Commission directed that once
the applicant addresses the deficiencies noted by staff, City
Forester and LBF &H, and after an updated report has been received
from LBF &H, staff may schedule the subject petition for Public
Hearing.lsl
Recommendation to City Council re: - PUD -89 -05 (PGA National)
Amending 2.06 -acre PGA National Resort Core PUD to allow con-
struction of a 10,180 sq. ft. health spa facility and a 2,500 sq.
ft. restaurant with 100 seats located on the Avenue of the Cham-
pions just north of the Sheraton Hotel. (Section 10, Township 42
South, Range 42 East)
Mr. Bristol Ellington, City Planner, addressed the Commission
stating the petitioner has revised the site plan and is now
9
i
providing for 16 additional parking spaces, including 3 handicap
spaces. Mr. Ellington stated there is still a concern over the
dredging of the existing lake. However, a letter was received
from the Northern Palm Beach County Water Control District advis-
ing of several conditions which would have to be met prior to
approval.
Mr. Ellington read a letter into the record from Mr. William
Brant, City Attorney, to Donna Cesaro of Urban Design Studio,
regarding required approvals for the proposed lake modifications.
Mr. Ellington stated staff recommends this petition be continued
pending receipt of the result of the traffic study and approval
from the Northern Palm Beach Water Control District. However,
• should the Commission be prepared to recommend approval to the
•
City Council at this time, staff has provided 8 conditions which
should be made a part of the approval.
Mr. Rich Walton, Planning and Zoning Director, stated an as -built
site plan is needed, as this project is an amendment to an over-
all PUD and sufficient data has not been received to do an
analysis. Staff is still awaiting information, such as number of
anticipated employees in the hotel, square footage of ancillary
facilities, number of employees in the restaurant, and accurate
description of what has been approved to date.
Mr. Kahart Pinder, of Plummer & Associates, addressed the
commission reviewing the results of a traffic study undertaken on
behalf of the City. Mr. Pinder reported that from an overall
10
standpoint, parking should be adequate to accommodate the pro
posed revisions to the PUD.
Mr. Hank Skokowski, authorized agent for the petitioner, ad-
dressed the Commission presenting a chart representing the
history of the parking situation for the site, from original
approval to the present time.
Ms. Donna Cesaro, of Urban Design Studio, addressed the Commis-
sion reviewing the modifications to the site plan. Ms. Cesaro
stated the mid -block crosswalk discussed at the last meeting has
been maintained to provide additional access. Mr. Ornstein and
Mr. Lioce stated they believe the mid -walk crossing poses a
safety hazard, since motorists will not anticipate a pedestrian
crossing 70 feet from the main intersection.
• Ms. Cesaro stated a letter has been submitted from the Architec-
•
tural Review Board approving of the architectural and landscape
plans.
Mr. Jeffrey Ornstein made a motion to recommend approval to the
City Council for amending PGA National Resort Core with the fol-
lowing conditions:
1. An approval is obtained from Northern Palm Beach
Water Control District
2. Approval is received from the City Attorney and all
legal issues are resolved
3. The "old" walkway be eliminated and the two parking
places be replaced
Mr. Rosen seconded the motion.
11
A discussion ensued regarding the walkway in Condition #3. Mr.
Ornstein stated he feels the applicant is creating a dangerous
situation by providing a crosswalk 70' away from the main cross- ,,1
walk, as motorists will not be expecting pedestrians at that Loe,*tlo'
The motion was approved with a vote of 4 -0.
Workshop - Recommendation to City Council re: (Steeplechase)
Request establishment of Safe Neighborhood Improvement District
for 494.0939 -acre "Replat of Horseshoe Acres West" generally
located south of Lake Park West Road and east of the Florida
Turnpike
Mr. Bristol Ellington, City Planner, addressed the Commission
advising that a letter has been received from Mr. William Brant,
City Attorney, stating the petitioner must provide a letter from
Palm Beach County confirming that Haverhill Road has been removed
• from the County's Thoroughfare Plan and that if the Commission is
receptive to the Safe Nighborhood legislation, it wil be neces-
sary for the property owner's association to provide a Quit Claim
to the Council for all roads in Steeplechase prior to preparing a
Safe Neighborhood plan for Steeplechase.
Mr. Steve Mathison, authorized agent for the petitioner, ad-
dressed the Commission stating Jupiter and Atlantis have recently
approved Safe Neighborhood districts.
A discussion ensued regarding the concept of Safe Neighborhood
Districts and procedures involved in their establishment. Mr.
Mathison requested that the Commission recommend approval to the
City Council for enacting an enabling ordinance as well as for
establishing Steeplechase as a Safe Neighborhood.
12
• It was the concensus of the Commission that a recommendation be
made to the City Council concerning the enabling ordinance, but
that the ordinance be enacted and specific plans be reviewed by
the Commission prior to making a recommendation to the City
Council for the Safe Neighborhood plan for Steeplechase.
Chairman Vogel stated he feels uncomfortable making a recommenda-
tion to the City Council withot having an advertised Public
Hearing. Mr. Walton advised that the City Attorney has
determined a Public Hearing is not necessary for making this
recommendation.
Mr. Lioce made a motion to recommend to the City Council that an
ordinance be drafted which includes additional provisos that 1)
all applications for a safe district are tied into the same
planning and zoning procedure and code which now exists, as well
•
as the same review process and standards which apply to the
safety, health and welfare of the people and 2) the draft ordi-
nance will be reviewed by the Planning and Zoning Commission
prior to going before the City Council.
During discussion, Mr. Ornstein stated it is important that the
ordinance not empower the Safe Neighborhood Board of Directors to
change City codes or ordinances. Mr. Steve Mathison, Attorney for
the petitioner, advised that protection against this is in the
Statute. Mr. Lioce stated the City's draft ordinance should
recite the law because the Florida Statute may change.
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1 •
•
•
The motion carried with a vote of 4 -0.
Ms. Joe Ellen Leisinger, authorized agent for Steeplechase Home-
owners Association, presented a proposed site plan /landscape plan
for Commission review and discussed the approval process for
establishing Steeplechase as a safe neighborhood.
The Commission agreed that they are in favor of the concept of
the proposed Safe Neighborhood District for Steeplechase.
Public Hearing - Recommendation to City Council re: (Northcorp)
Rezone from M -1 to PCD and discussion of Amend. to the Land Use
Element of the Comprehensive Plan from Industrial to PCD and
Development of Regional Impact and Development Order. Located on
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.
(Section 7, Township 42 South, Range 43 Est) (formerly known as
the RCA Site). (Public Hearing Recessed from 7/26/88, 8/9/88,
8/23/88, 9/27/88, 10/25/88, 11/9/880, 11/22/88, 12/13/88, 1/10/89,
1/24/89, 2/28/89, 3/14/89 and 3/28/89 Meetings) (Adv. 7/11/88 and
9/12/88)
Mr. Walton stated he received a letter from Mr. Smith requesting
the Public Hearing be recessed to April 25, 1989.
Chairman Vogel declared the Public Hearing open and stated he was
informed by Mr. Smith that the only information that has still
not been submitted to the City is Mr. Pinder's comments.
Mr. Walton stated there are still several conditions that need to
be addressed.
A discussion ensued regarding a Public Hearing date for this
petition.
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7 - - ----------------
AN VOGEL
JEFFRE O STEIN
/ Z -- - - - - - --
JEAN LON S RETARY
VICE CHAIRMAN TOSHNER
15
CK LIOCE
Mr. Lioce made a motion
to recess the Public
Hearing to May 9,
41-
1989, 7:30 P.M. Mr.
Ornstein the
The motion
at
seconded
motion.
carried with a 3 -1 vote,
with Chairman Vogel
voting nay.
ADJOURNMENT
There being no further
business to discuss,
the meeting was
adjourned at 11:10 P.M.
The next meeting of
the Planning and
Zoning Commission will
be held Tuesday, May
9, 1989.
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7 - - ----------------
AN VOGEL
JEFFRE O STEIN
/ Z -- - - - - - --
JEAN LON S RETARY
VICE CHAIRMAN TOSHNER
15
CK LIOCE