HomeMy WebLinkAboutMinutes P&Z 061389t
CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
JUNE 13, 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; Robert Hamner, Mike Rosen, Jeffrey Ornstein,
Members; Domenick Lioce, Alternate Member.
The minutes of the meeting of April 25, 1989, May 9, 1989 and May
23, 1989 were unanimously approved.
Items by the Planning & Zoning Director
Mr. Rich Walton stated the Planning and Zoning Department has
received fourteen new applications prior to last Friday's dead-
line for the June 27, 1989 Planning and Zoning Commission meet-
ing. Mr. Walton explained the applications would be reviewed for
sufficiency when submitted and will be routed for other depart-
ments to review. A Development Review Committee meeting will be
held and comments from this meeting will be made available for
the Preapplication Review at the Planning and Zoning Commission
meeting. If there are insufficiencies, staff will recommend the
application go no further until the items are submitted.
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Public Hearing - Recommendation to City Council re: Amending
Sub - Paragraph 159.139(E)(2) of Sub- Section 159 -135, Planned
Community Districts of Section 150. Zoning of the City's Code of
Ordinances, increasing the amount land developers are required to
provide for public parks or recreation.
Mr. Walton addressed the Commission stating this is an advertised
Public Hearing. Mr. Walton explained the Planned Community Dis-
trict requirement in the city's code, requires 300 square feet
of land per dwelling unit to be provided for public parks or
recreation. The city currently has 3 1/2 acres per thousand
population in terms of level of service as a mandate for recrea-
tion. It was determined that 300 square feet of land per dwell-
ing unit falls short of this mandate and 400 square feet per
dwelling unit would be necessary to comply with the comprehensive
plan.
is Chairman Vogel declared the Public Hearing open.
Mr. Ted Sabatello addressed the Commission asking if this applied
to a Planned Unit Development (PUD) or to a Planned Community
Development (PCD). Mr. Walton responded stating this was handled
at the PCD stage. A PUD through rezoning, not within a PCD
requires 600 square feet of recreational land.
There being no further comments from the public, the Public Hear-
ing was closed.
Mr. Mike Rosen made a motion to recommend approval to the City
Council of amending Sub - Paragraph 159.139(E)(2) of Sub - Section
159 -135 of the City's code of Ordinances, increasing the amount
land developers are required to provide for public parks or
ik, recreation from 300 square feet per dwelling unit to 400 square
feet per dwelling unit.
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Mr. Jeffrey Ornstein seconded the motion. The motion carried
• unanimously.
PUBLIC HEARING: Recommendation to City Council re: Amending
Sub - Paragraph 159.044(A) Special Front Setback Requirements of
Chapter 159, Zoning of the City's Code of Ordinances, providing
for a 55 -foot wide green belt along Donald Ross Road, Hood Road
and Central Boulevard..
Mr. Walton addressed the Commission stating this was an adver-
tised Public Hearing. The City's Code of Ordinances currently
requires the 55 -foot wide green belt along PGA Boulevard and
Military Trail. This amendment would add Donald Ross Road, Hood
Road and Central Boulevard to the list to comply with the compre-
hensive plan.
Chairman Vogel declared the Public Hearing open.
Having no comments from the public, Chairman Vogel closed the
• Public Hearing.
Mr. Ornstein made a motion to recommend approval to the City
Council for amending Sub - Paragraph 159.044(A) of Chapter 159 of
the City's Code of Ordinances to provide for a 55 -foot wide green
belt along Donald Ross Road, Hood Road and Central Boulevard.
Mr. Rosen seconded the motion. The motion carried unanimously.
Preapplication Review: Recommendation to City Council re:
amending Admiralty II PUD to install video satellite dish at
Radisson Hotel at PGA Boulevard and I -95. (Section 12, Township
42 South, Range 42 East)
Mr. Walton stated the applicant for this petition called today
and asked that this item be stricken from the agenda .
Preapplication Review: PUD -89 -12 - Recommendation to City
Council re: Amending Garden Square Shopping Center PUD to en-
close the covered walk on the east side of Publix with automatic
doors on the north and south ends. Located on the northwest
corner of PGA Boulevard and Military Trail (Section 1, Township
42 South, Range 42 East)
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Mr. Ellington addressed the Commission stating the agent for the
• petition is Theodore Davis and he is requesting an amendment to
the Garden Square Shopping Plaza PUD to enclose the covered
walkway which is approximately 1,000 square feet. They will be
providing a 5 -foot walkway in front, but are not extending into
the parking lot, and will be providing landscaping in front. The
covered walkway will not be any higher than the building is now
and the glass and stucco will match the existing structure.
Mr. Jonathan Iles, the City Forester, expressed concern with the
appearance when the existing vegetation is taken out. The agent
has informed staff that they will be removing palm trees in order
to provide for the glass enclosure and the entranceways, however,
they are not proposing to relocate the trees elsewhere on the
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site. Staff
recommends if
the trees are
to be removed, the
petitioner be
responsible
for dedicating
the trees to the City
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and relocating them at the petitioner's expense.
Mr. Ted Davis addressed the Commission stating he agrees with the
staff's recommendation to dedicate the trees to be removed and
relocating them at the petitioner's expense.
Mr. Rosen expressed concern with the fact that the proposed 5-
foot walkway in front will not be covered, and, in the event of
inclement weather, residents are not able traverse from one end
of the shopping center to the other under a covered walkway. Mr.
Rosen stated he would not recommend approval of this modification
unless the walkway in front is covered.
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PUBLIC HEARING: Recommendation to City Council re: (Northcorp)
. Rezone from M -1 to PCD and discussion of amendment to the Land
Use Element of the Comprehensive Plan from Industrial to PCD and
Development of Regional Impact and Development Order. 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.
(Section 7, Township 42 South, Range 43 East)(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, 11/9/88, 11/22/88, 12/13/88, 1/10/89,
1/24/89, 2/28/89, 3/14/89, 3/28/89, 4/11/89, 5/9/89 and
5/23/89)(Adv. 7/11/88 and 9/12/88)
Chairman Vogel declared the Public Hearing open, and at the
request of the petitioner, recessed the hearing to a Special
Meeting on Monday, June 19, 1989 at 7:30 P.M.
Recommendation to City Council re: PUD -89 -11 - Creation
of a 4 -unit residential Planned Unit Development within the JDM
community, on parcel 27, with ancillary recreation and support
services. (Section 11, Township 42 South, Range 42 East)
Mr. Ellington addressed the Commission stating the petitioner has
revised their petition so there is no ancillary recreation and
• support services. At the last meeting, on May 23, 1989, staff
requested a copy of the property owner's association documents as
they pertain to the architectural review. To date, staff has not
received this but the petitioner will present it at this meeting.
Staff recommends approval of this petition with the conditions as
listed in the June 8, 1989 staff report.
Mr. Mike Rosen made a motion to recommend approval to the City
Council for the PUD with the following condition:
The proposed street tree planting program shall be incor-
porated in the PUD's restrictive covenants.
Mr. Jeff Ornstein seconded the motion. The motion carried unani-
mously.
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Recommendation to City Council re: PUD -89 -10 - Creation of a 5-
• unit residential Planned Unit Development within the JDM communi-
ty, on parcel 26, with ancillary recreation and support services.
(Section 11, Township 42 South, Range 42 East)
Mr. Ellington addressed the Commission stating ancillary recrea-
tion and support services is not included in this petition, as
with Parcel 27. Since the May 23, 1989 Planning and Zoning
Commission Meeting, the petitioner has revised the density num-
bers for this petition from 2.8 dwelling units per acre to 2.9
dwelling units per acre. The typical minimum building setback
with the side -entry garage is not going to have a twenty -five
foot front -yard setback. It will be reduced by five feet from 25
feet to 20 feet. The surrounding zoning is RS -2 which requires a
front -yard setback of 25 feet. To maintain the character of the
neighborhood, staff recommends that the minimum front -yard set-
0 back be 25 feet for these homes. At the time that this was
proposed, it was stated that there will be tree plantings on this
parcel. However, since this is outside of the boundaries, these
lots will not be governed by the property owner's association for
maintenance. Therefore, in staff's condition of approval, staff
recommends that the proposed street tree planting program be
incorporated into the PUD restrictive covenants. Within the
letter that David Getz has submitted to the Planning & Zoning
Department, Mr. Getz stated that the applicant has been unable to
verify that Tamberlane Circle will continue to service Tamberlane
Condos with a drive access near the western end of Tamberlane
Circle. Staff recommends in the event access to Tamberlane
Condos is discontinued on Tamberlane Circle, a T- Turnaround will
be constructed within the 60 -foot right -of -way at that location
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for fire and sanitation services.
Mr. Hank Skokowski, agent for the petitioner, addressed the Com-
mission stating he agrees with the conditions presented by staff
with the exception of the last one.
Mr. Ornstein made a motion to recommend approval to the City
Council for the PUD with the following conditions:
1. The proposed street tree planting program shall be
incorporated in the PUD's restrictive covenants.
2. A 25 -foot minimum front -yard setback shall be main-
tained, as required on the adjacent single- family lots.
3. In the event access to Tamberlane Condos is discon-
tinued on Tamberlane Circle, a T- Turnaround will be
constructed within the 60 -foot right -of -way at that
location for fire and sanitation services.
Mr. Nick Lioce seconded the motion. The motion carried unani-
• mously.
Recommendation to Citv Council re: PUD -89 -08 - Creation of a
66 -unit residential Planned Unit Development within the JDM
community, on parcel 3, with ancillary recreation and support
services. (Section 11, Township 42 South, Range 42 East)
Mr. Lioce requested a copy of the approved master plan for JDM
Country Club be posted in the Council Chambers for reference in
discussions of the individual parcels within JDM.
Mr. Ellington addressed the Commission stating this petition will
include ancillary recreation and support services. Staff ques-
tioned what support services are proposed. To date, staff has
not received elevations for the entry sign. Staff recommends
approval of this PUD with the following conditions: the proposed
street tree planing program shall be incorporated in the PUD's
restrictive covenants, and no entrance sign is allowed until it
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has been reviewed and approved by the Planning and Zoning Commis-
sioners and City Council.
Mr. Skokowski addressed the Commission stating he agrees with the
conditions presented by staff. Mr. Skokowski explained the
reference to "support services" would probably be some "boiler-
plate" language that has been used in the past. There will not
be anything done within the PUD itself. This project and all
future projects with the exception of the last two, will be
within the JDM Community and will be obligated to participate in
a homeowner's association within the PUD and an overall property
owner's association which would be responsible for the common
areas. Mr. Skokowski stated the proper reference from this point
on and with all future PUD's in the JDM PCD is homeowner's docu-
ments as opposed to restrictive covenants.
Mr. Ornstein made a motion to recommend approval to the City for
the PUD with the following conditions:
1) The proposed street tree planting program shall be
incorporated in the PUD's homeowner's documents.
2) No entrance sign is allowed until it has been reviewed
and approved by the Planning and Zoning Commissioners
and City Council.
Mr. Rosen seconded the motion. The motion carried unanimously.
Recommendation to Citv Council re: PUD -89 -09 - Creation of a
68 -unit residential Planned Unit Development within the JDM
community, on parcel 5b, with ancillary recreation and support
services. (Section 11, Township 42 South, Range 42 East)
Mr. Ellington addressed the Commission stating since Planning and
Zoning Commission meeting of May 23, 1989, the petitioner has
modified the site plan, thereby reducing the number of units and
the acreage, and increasing the density. The petitioner has also
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removed the 10 -foot median at the entrance to the site where a
sign would be located. They have relocated the sign entrance.
Staff recommends approval with the following conditions: the
proposed street tree planting program be incorporated into the
PUD's homeowner's documents, and no entrance sign is allowed
until it has been reviewed and approved by the Planning and
Zoning Commission and City Council.
Mr. Ornstein stated for the future, he recommend the Commission
not approve any more JDM parcels until they have received a copy
of the master plan which was approved by City Council.
Mr. Steve Mathison, attorney for the Hansen - Florida Group, dis-
cussed a petition submitted for a newly - aligned Avenue of the
PGA.
• Mr. Rosen made a motion to recommend approval to the City Council
for the PUD with the following conditions:
1) The proposed street tree planting program shall be
incorporated in the PUD's homeowner's documents.
2) No entrance sign is allowed until it has been reviewed
and approved by the Planning and Zoning Commissioners
and City Council.
Mr. Ornstein seconded the motion. The motion carried unanimously.
Recommendation to City Council re: PUD -89 -07 - Creation of a
Planned Unit development within PGA National, on Parcel M -27, to
include 209 zero lot line single - family homes with two parks and
a recreation area with pool. (section 15, Township 42 South,
Range 42 East)
Mr. Ellington addressed the Commission stating the petitioner has
revised the site plan for new pool setbacks, from three feet for
pools with a depth of 18" or less to three feet or a portion
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thereof. The five -foot setback for pools with a depth of greater
than 18" has been revised to five feet or a portion thereof.
Additionally, fiberglass pools and spas have been added with a
setback of three feet. Staff questions why "a portion thereof"
has been added to the setbacks and the setbacks are not stated
from which property line. The petitioner has provided sketch
elevations of the proposed sign. Since the May 23, 1989 Planning
& Zoning Commission Meeting,.the City Manager and the City Engi-
neer have met to establish a set of minimum right -of -way require-
ments along with the cross sections for all PUD's. The agent did
attend this meeting. The minimum right -of -way which is allowed
is 36 feet which provides for no sidewalks with the understanding
that utility is provided along the rear of the lots. A 24 -foot
road width is proposed from curb to curb with a four -foot side-
40 walk along one side. Staff recommends that the project be con-
tinued until the petitioner has an opportunity to revise the site
plan to reflect the minimum right -of -way requirements.
Mr. Rich Walton, Director for Planning and Zoning, discussed a
report handed out to the Planning and Zoning Commission members
which addressed the right -of -way situation. The hand -out is an
analysis from the engineers which contains the most intense
approvals the City has granted in the past PUD's with relation to
the minimum right -of -way requirement. None of the approvals are
for less than a 36' right -of -way. Staff has concerns with the
electric, phone and cable utilities being in the rear of the
yard, and with the utilities being under pavement, there would be
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potential
problems in the future resulting
in digging
up the
pavement.
A discussion ensued between Mr.
Skokowski,
agent for
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the petitioner, staff, and the Commission.
Mr. Rosen questioned Mr. Skokowski as to the size of the pool and
deck around the pool. Mr. Rosen recommended the size of the deck
around the pool be expanded.
Mr. Raul Sotolongo, architect for the petitioner, addressed the
Commission, presenting elevations and details.
Mr. Emilio Fuster, landscape architect for the petitioner ad-
dressed the Commission with landscaping details.
Mr. Tim Messler, project engineer, addressed the Commission,
stating the issue of the location of the utility lines is blown
out of proportion. Mr. Messler does not foresee any potential
problems with sewer and water lines under the roads.
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spect to the relationship between the association and utility
service provider that the association will be responsible for the
replacement of all landscaping and services that are disturbed in
the event of a need for access to the utility lines.
Mr. Rosen made a motion to recommend approval to the City Council
for the PUD with the following conditions:
1) Interlocking block or stamped concrete will be used in
construction of roads.
2) Utility engineering will ultimately be approved by the
City Engineer.
3) The swimming pool deck area will be expanded.
The motion was seconded by Mr. Don Vogel, for the purpose of
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Mr. Skokowski
stated all landscaping across the front
of the
•
property will
be maintained by an association not an
individual.
Furthermore,
there will be provisions in the document
with re-
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spect to the relationship between the association and utility
service provider that the association will be responsible for the
replacement of all landscaping and services that are disturbed in
the event of a need for access to the utility lines.
Mr. Rosen made a motion to recommend approval to the City Council
for the PUD with the following conditions:
1) Interlocking block or stamped concrete will be used in
construction of roads.
2) Utility engineering will ultimately be approved by the
City Engineer.
3) The swimming pool deck area will be expanded.
The motion was seconded by Mr. Don Vogel, for the purpose of
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discussion. A discussion ensued regarding the utility engineer-
ing issue. The Commission stated it should be entered as a
condition of approval that the engineer for the petitioner con-
vince the City Engineer there are no problems with the existing
R.O.W. situation.
The motion failed with a vote of 2 to 2. Mr. Ornstein and Mr.
Lioce voted nay. Chairman Vogel and Mr. Rosen voted for approv-
al.
WORKSHOP: LU -89 -02 - Recommendation to City Council re:
(Waterway Cafe) Amending Comprehensive Land Use Plan /Map on
1.15 -acre parcel from Residential 0 -5 U /P /A to Commercial, locat-
ed on the southwest intersection of PGA Boulevard and the Intra-
coastal Waterway. (Section 5, Township 42 South, Range 43 East)
Preapplication Review: Z -89 -03 - Recommendation to City Council
re: Creation of 3.16 -acre Commercial PUD, consisting of the
existing "Waterway Cafe" restaurant and an additional two -story
restaurant plus parking deck, located on the southwest intersec-
tion of PGA Boulevard and the Intracoastal Waterway. (Section 5,
• Township 42 South, Range 43 East)
Mr. Ellington addressed the Commission stating the petitioner is
proposing to add a two -story restaurant south of the existing
restaurant. They are proposing a covered garage on the southern
portion. Mr. Jeff Ornstein asked how many total cars would be on
the site. Mr. Ellington stated the petitioner is proposing 364
parking spaces, and they are required to have 240 spaces based on
the number of seats. They are proposing a 100 X 140 square foot
restaurant with a 350 -seat capacity. Mr. Ornstein asked what the
seating capacity of the existing restaurant is. Mr. Ellington
responded the capacity is 450 seats. Mr. Lioce asked what is the
existing number of parking spaces. Mr. David Shaw, agent for the
petitioner, answered approximately 240 spaces. Mr. Ellington
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informed the Commission the petitioner has stated the majority of
the parking deck will be valet parking. Mr. Ellington listed the
staff's concerns as follows: the valet parking, the proposed
entrance to the second restaurant is on the second level, lack of
a parking study and analysis, the traffic impact analysis should
be for the entire PUD, inadequate landscaping for the develop-
ment, and the parking deck is proposed to be above the existing
retaining wall.
Mr. Shaw addressed the Commission stating these applications are
submitted as long -range plans and the owner does not plan to
begin construction until 1991. Mr. Shaw added the proposed
second restaurant is higher - priced and designed to attract a
different type of clientele.
Mr. Gene Lawrence, architect for the petitioner, addressed the
• Commission presenting the site plan and a discussion ensued.
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The Commission advised Mr. Shaw to revise the site plan, land-
scape plan, the traffic study and to provide a parking study
before returning for another workshop. Mr. John Orr,•City Manag-
er, asked how the lack of lighting along PGA Boulevard had been
addressed with this plan. Mr. Shaw stated that it had not been
addressed at this point with this submittal. Mr. Orr requested
that Mr. Shaw contact the Department of Transportation in regard
to lighting on PGA Boulevard over the bridge and extending down
to Prosperity Farms Road.
WORKSHOP: AX -89 -02 - Recommendation to City Council re:
(Northlake Centre) Annexation of 4.648 acres on south side of
Northlake Boulevard and on east and west sides of Dania Drive.
(Section 24, Township 42 South, Range 42 East)
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PreaQplication Review: Z -89 -02 - Recommendation to City Council
re: (Northlake Centre) Rezoning of 4.648 acres.from Palm Beach
County designation of RM (Multiple - Family Residential District -
Medium Density) to Planned Unit Development (PUD) with underlying
zoning of PO (Professional Office), located on south side of
Northlake Boulevard and on east and west sides of Dania Drive.
(Section 24, Township 42 South, Range 42 East)
Mr. Ellington addressed the Commission stating the petitioner did
not submit a land use change. However, in discussions with Susan
Phelps with Palm Beach County, this is considered inconsistent
with the County's land use. Therefore, at a minimum, staff
would recommend that the zoning for this project be withdrawn
from the petition request. If this is approved, and passed on to
City Council, they should take into consideration the staff
report from Kahart Pinder where he lists several concerns dealing
with the parking study.
• Mr. Walton addressed the Commission stating the city is permitted
two amendments to the comprehensive plan each year and one sub-
mittal has been transmitted for this year and the second will be
transmitted soon to the Department of Community Affairs. The
land use change for this petition cannot be included with the
second submittal until the parcel is annexed into the city, and
there is not enough time for the required advertising to annex.
Mr. Ray Maiwurm, the petitioner, addressed the Commission stating
he is working with the County to get approval. A discussion en-
sued.
Mr. Lioce suggested Mr. Maiwurm can either annex the parcel into
the city and wait for the rezoning until the county submits
verification that the land use is consistent with their land use
plan, or annex and rezone together after they receive concurrency
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from the county.
The Commission directed Mr. Ray Maiwurm to contact the.Palm Beach
County Zoning Division to get a letter signed by the Director of
the Zoning Division or the County Attorney stating the rezoning
is consistent with the County's Land Use Plan.
NEW BUSINESS
Mr. Steve Mathison, agent for a proposed development named
"Prosperity Corporate Plaza ", addressed the Commission requesting
the Public Hearing be advertised before the first Workshop is
held. Mr. Rosen made a motion to advertise Prosperity Corporate
Plaza for Public Hearing on July 11, 1989. Mr. Lioce seconded
the motion. The motion passed and Mr. Ornstein abstained. Mr.
Walton requested Mr. Mathison draft the legal description for the
advertisement.
Adjournment
There being no further business to discuss the meeting was ad-
journed at approx. 11:15 P.M. The next meeting of the Planning
and Zoning Commission will be held Tuesday, June 27, 1989.
Approvals
JE YY T IN DOMENICK LIOCE
MIKE/RO GISELE FOSTER, 9ECRETAlkY
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