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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. 1 a • 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. F 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) 3 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 • site. Staff recommends if the trees are to be removed, the petitioner be responsible for dedicating the trees to the City • 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. 4 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. • 5 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 A 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 0 7 • 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 C: 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 9 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 10 potential problems in the future resulting in digging up the pavement. A discussion ensued between Mr. Skokowski, agent for 10 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. • 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 11 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- • 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 11 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 12 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. 10 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) 13 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 14 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 15