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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. 1 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 2 •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. 5 • 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. 7 • 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. 13 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. 14 • w - - - -- ------- - - - - -- 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. • w - - - -- ------- - - - - -- 7 - - ---------------- AN VOGEL JEFFRE O STEIN / Z -- - - - - - -- JEAN LON S RETARY VICE CHAIRMAN TOSHNER 15 CK LIOCE