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HomeMy WebLinkAboutMinutes P&Z 082289CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION • AUGUST 22, 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; Mike Rosen, Member; Domenick Lioce, Alternate Member. Jeffrey Ornstein and Robert Hamner were not in attend- ance. The minutes for the meetings of July, 11, 1989; July 25, 1989; and August 1, 1989 were unanimously approved. _�. Items bv the Planning & Zoning Director A memo was included in the Planning and Zoning Commission Meeting packets providing information on all the residential units passed by this board to Council in 1989. The total number of units • passed was 2,928, not including items on the agenda for this meeting. Mr. Kahart Pinder, City Traffic Consultant, gave a presentation on a study he did, at the request of the Commission, on the impacts of development in the City of an area generally bounded by Lighthouse Drive on the south, RCA Blvd. on the north, Pros- perity Farms Road on the east and Military Trail on the west. 1 VII. PUBLIC HEARING: Ax -89 -02 - Recommendation to City Council re: (Northlake Centre) Annexing 4.648 acres on the south side of Northlake Boulevard and on the east and west sides of Dania Drive. (Adv. 8 -7 -89) (24- 428 -42E) Mr. Bristol Ellington addressed the Commission, stating the agent, Joseph Legan, is requesting annexation of 4.648 acres on the south side of Northlake Blvd. and on the east and west sides of Dania Drive. The petitioner has revised the site plan, not providing for left -hand turns out of the development, however, the median configuration still allows left -hand turns out of the development. The petitioner has not indicated the status of obtaining the cross - access agreements from Palm Beach Gardens Shopping Center and Tambone Office development. Chairman Vogel opened the Public Hearing. Having no response, City Council for annexation of the above - mentioned parcel. Mr. Mike Rosen seconded the motion. The motion was unanimously approved (3 -0). VIII. PUBLIC HEARING: Z -89 -02 - Recommendation to City Council re: (Northlake Centre) Rezoning of 4.648 acres from Palm Beach County designation of RM (Multiple - Family Residen- tial District - Medium Density) to PUD with underlying zoning of PO (Professional Office), located on the south side of Northlake Boulevard and on the east and west sides of Dania Drive. (Adv. 8 -7 -89) (24- 428 -42E) Mr. Ellington addressed the Commission giving details on the proposed development. Mr. Ray Maiwurm, applicant for the development, addressed the Commission, stating they are in agreement with having the cross- -10 access agreement with the Palm Beach Gardens Shopping Center and Tambone Office development. Mr. Maiwurm stated he has contacted 2 Chairman Vogel closed the Public Hearing. Mr. Domenick Lioce made a motion to recommend approval to the City Council for annexation of the above - mentioned parcel. Mr. Mike Rosen seconded the motion. The motion was unanimously approved (3 -0). VIII. PUBLIC HEARING: Z -89 -02 - Recommendation to City Council re: (Northlake Centre) Rezoning of 4.648 acres from Palm Beach County designation of RM (Multiple - Family Residen- tial District - Medium Density) to PUD with underlying zoning of PO (Professional Office), located on the south side of Northlake Boulevard and on the east and west sides of Dania Drive. (Adv. 8 -7 -89) (24- 428 -42E) Mr. Ellington addressed the Commission giving details on the proposed development. Mr. Ray Maiwurm, applicant for the development, addressed the Commission, stating they are in agreement with having the cross- -10 access agreement with the Palm Beach Gardens Shopping Center and Tambone Office development. Mr. Maiwurm stated he has contacted 2 t. • =. the owners of both the Palm Beach Gardens Shopping Center and Tambone Office development to obtain cross - access agreements. Mayor Mike Martino directed the petitioner to work on the cross - access agreements at the City Council level. Chairman Vogel opened the Public Hearing. Mrs. Leisure from Mary Circle, addressed the Commission stating she has had many problems regarding drainage on Dania Drive in her area. Chairman Vogel closed the Public Hearing. Mr. Corey Cross addressed the Commission explaining the landscap- ing plans for the development. Mr. Dennis Stevenson with James Nuhouse Engineers, addressed the Commission explaining the drainage system for the development. Mr. Mike Rosen made a motion to recommend approval to the City Council for Northlake Centre rezoning with the following staff conditions: 1. The applicant shall secure a General Permit from South Florida Water Management District and a permit from Palm Beach County to connect the proposed drainage outfall to the drainage system within Northlake Blvd. prior to final approval by City Council. 2. Cross - access agreements must be provided prior to City Council approval. 3. No left -turn out of the site. The site plan shall be modified to indicate this change. 4. The two existing'palm trees (one coconut palm and one sabal palm) be relocated to City property at the owner's expense. The relocation must be completed prior to issuance of a building permit for demolition. 5. A maximum of 21,000 square feet be devoted to medical use and a maximum of 5,000 be devoted to financial institution. 3 • • •' 8f2Z�F7 & -z P,mf- Mr. Lioce seconded the motion and revised condition number two to read: 2. The petitioner be required to give cross - access ease- ment where it is available, such as between Tambone and their development, and provide an agreement to the City that if and when the project on the east side is able to obtain cross - access easement that they will join in. If the Palm Beach Gardens Shopping Center does give a cross - access agreement, the City will already have the petitioner's agreement. The amended motion passed unanimously (3 -0). IX. PUBLIC HEARING: Z -89 -06 - Recommendation to City Council re: (Crystal Pointe South) Rezoning of a 77± acre parcel south of Burns Road and west of Prosperity Farms Road from RM to PUD with underlying zoning of RM for construction of 295 residential units. (Adv. 7- 10- 89)(Public Hearing recessed from meeting of 7- 25 -89) (8- 42S -43E) Mr. Ellington addressed the Commission stating the petitioner did submit a revised site plan on the day the Planning and Zoning Commission meeting packets were going out. Staff considered the revisions to be significant and therefore requested the Public Hearing be rescheduled to a date certain. Mr. Rich Walton, Director of Planning and Zoning, presented the Commission with a list of concerns from staff as follows: - Revised plan appears to address only concerns of people to the south. - From a planning standpoint, access to the south along Alamanda Road would improve circulation to /from the school. - No details are provided for area to be dedicated to the School Board (i.e., roadway, layout of school site). Details on construction of access to school - Consent by School Board - No connection to school from Burns Road - Need better connection for this development to school especially pedestrian - Engineering issues (drainage, design, etc.) 4 - Traffic concerns • - Right -of -way standards are 38' minimum, roads are pro- posed at 361. - Sign Elevation details need to be reviewed. - No sidewalks are proposed in front of 299 homes and only a 4' sidewalk is proposed on a Boulevard section. - The details regarding utilities location have not been provided. - Length of cul -de -sac for south area is over 3,700 feet - code allows for up to 1,500 feet. - Elevations on estate homes - Limits of the 60' right -of -way - This is the first we have heard of a plan for a guard- house. We need details on location, elevations, etc. - Details on recreational facilities Mr. Ray Royce, agent for the petitioner, addressed the Commission • stating they are in the process of finalizing an arrangement with the School Board to separate the school from the development so that the development will enter on Burns Road with no connection to the school. The developer will dedicate the eight acres located immediately south of the canal to the school. The seven gopher tortoises will be relocated to an area on the school's property. A discussion ensued. Mr. Rosen stated he is pleased with the 8 -acre dedication, walk- way from the existing roadway for the children, and the design of the estate lots, however, still has a problem with the unimag- inative site plan for the zero -lot -line product, density, length of the streets. Mr. Rosen suggests provision be made for access for emergency vehicles, the swimming pool and recreation area be • enlarged, and setbacks along the canal be increased. Mr. Lioce 5 stated the photographs presented at this meeting should be • brought into the record, at the time conditions are established, to show the style that was approved, since there are no eleva- tions. Mr. Royce proposed a phasing program for traffic as follows: -build up to 103 units prior to construction of any phase I improvements listed below: - widening of Burns Road - appropriate left -turn lanes at Burns Road and Alamanda Drive -build up to 258 units (or 85% of the projects) prior to phase II improvements including: - widening of Burns Road from Military Trail to west of I -95, east of -I -95 to Riverside Drive, and east of Gardens East Blvd. to Alamanda Drive Mr. Pinder stated in the first phase of the project, the project • needs to be phased to be coincident with the improvements on Prosperity Farms Road. The project has a significant impact on Prosperity Farms Road. The project also has to be phased with the four - laning of Burns Road. Mr. Pinder's analysis shows that the four - laning of Burns Road is required between Gardens East Blvd. and Alt. A -1 -A by 1992. The section of Burns Road from Gardens East Blvd. to Prosperity Farms Road is required to be widened by 1994 -1995. Mayor Mike Martino, City Council Liaison, addressed the Commis- sion stating, from the City Council standpoint, the period of time involved in this project is insufficient for phasing the roadway improvements. Chairman Vogel opened the Public Hearing. • Mr. Charles Omealia, Director of Public Services for North Palm Beach, addressed the Commission stating the Village of North Palm • Beach would like to have some input, especially when site plan approval is considered. Mr. Omealia expressed concern over the proposed intersection of Prosperity Farms Road and the School entrance. Mr. Omealia asked the Commission to consider an access C J -0 to the School at the southwest portion of the property. Mr. Ted Mentel, Board of Directors with Town Oaks, addressed the Commission stating their concern was with traffic. The developer has come up with a solution they are pleased with. Mr. August Hernandez, Government Liaison for the School Board of Palm Beach County, addressed the Commission stating the School Board feel the proposed access plan for Alamanda School has merit and the School Board is prepared to continue negotiating with the petitioner. Issues which need to be resolved in order for the School Board to endorse this petition. They include: impact fee credits, reverter clause, drainage, possible Palm Beach Gardens zoning requirements, access through North Palm Beach, tortoise relocation and management and student pedestrian access through the PUD. Mr. Alan Strassler, 1145 Rainwood Circle, addressed the Commis- sion, expressing his concerns with the 10 -foot face -to -face of building and rear setbacks. Also, Mr. Strassler suggested the height of the buildings be modulated. Mr. Greg Kelly, Omega Place, addressed the Commission with drain- age concerns and the children's access. Mr. Rosen made a motion to recess the Public Hearing to September 12, 1989 at 7:30 P.M. Mr. Lioce seconded the motion. The motion passed unanimously (3 -0). 7 B. PUBLIC HEARING: Z -89 -07 - Recommendation to City Council re: (Garden Oaks Estates) Rezoning and site plan approval of a 239.49 -acre parcel north of Burns Road, west of Prosperity Farms Road, south of RCA Blvd., and approxi- mately 1,000 feet east of Alt. A -1 -A from PDA to PUD with uses designated in RS -2 and RM for construction of a 900 - unit residential development. (Adv. 7- 10 -89) (Public Hearing recessed from meeting of 7 -25- 89)(7 68- 42S -43E) Mr. Ellington addressed the Commission with a presentation of the staff report. Mr. Pinder addressed the Commission stating this development has been factored into the overall calculations of his Burns Road study. Mr. Royce, agent for the petitioner, addressed the Commission with comments regarding the conditions set forth in the August 17, 1989 staff report. Mr. Rosen stated the buffer system along RCA Blvd. should be the • same as the buffer along Burns Road. Mr. Don Hearing, architect for the petitioner, stated the buffer along RCA Blvd. is a meandering buffer. From the edge of the rear lot line, there is a minimum of 30 feet of buffer. Mr. Walton stated, after discussions with the Urban Forester, 95% of the existing vegetation will be removed. Mr. Rosen stated he would like a landscape plan, consisting of the type of vegetation, the maturity and the species of it and the on- center planting of it in writing. Mr. Rosen suggested doing a 50 -foot section of the typical buffer. Mr. Lioce stated he is still uncomfortable with the commercial parcel in its entirety because it is surrounded by residential. • Chairman Vogel opened the Public Hearing. Mr. John Hewitt, from St. Mark's Church, addressed the Commission N stating they are very happy with the conditions staff has pro- posed concerning the traffic problems at the church. Having no further comments, Chairman Vogel closed the Public Hearing. Mr. Lioce made a motion to recommend approval of Garden Oaks Estates to City Council with the following conditions: 1. The applicant will provide an eleven -acre park con- sisting of a jogging trail, parking lot and community center. 2. The pedestrian path located at the southeast corner of the site shall be labeled as such, including width and material type. 3. No office park. 4. The applicant will coordinate the relocation of the church entrance and solve any internal circulation problems prior to final approval by City Council. • 5. The petitioner shall save, as a minimum, a portion of the two major south Florida slash pine and sabel palm canopies as indicated on the master site plan. At a minimum, 67 oak trees, shown on the master plan, to remain in place and a minimum of 31 oak trees, shown on the master plan, to be relocated shall be saved. 6. All trees designated on the master site plan to be saved shall be tagged and have protective barriers erected as per City Code. 7. Since the master site plan is a conceptual drawing, any engineering or construction work within the drip line of the preserved trees shall be approved by the landscape architect of record prior to any con- struction and final approval by the City Forester. 8. The following contingency plan shall be established to replace those preserved and relocated trees that die during construction, or within one year after trans- planting: three inches of new tree caliper will be replaced for every one inch caliper lost. 9. A covenant within the Property Owner's Association documents protecting the oak trees saved in the • common green spaces of this development shall be included. 10. An emergency access to the multi- family site shall be provided on RCA Blvd., unless the Fire Department prefers a more acceptable location. 11. Any conditions from the City's Engineer and the City's Traffic Consultant be made a part of this approval. 12. a. Prosperity Farms Road be widened before the first permit be given on the project for a house. b. No Certificate of Occupancy (C.O.) for a residen- tial unit will be given until Burns Road is wid- ened from Riverside Drive to Campus Drive. After that point, up to 50% of the units set forth in the site plan could be C.O.'d, and no more than 50% until Burns Road is widened from Campus Drive to Prosperity Farms Road. 13. No two rear elevations of the single - family homes along Burns Road shall be the same; be it architecture of the building or the color of the building. Also, no two roofs shall be the same; be it pitch, the style, elevation, or the color of roofing material. 14. The bike path along the south side of Burns Road be extended all the way from Prosperity Farms Road to A -1 -A. • 15. The landscape section along RCA Blvd. be approved by the City. Mr. Rosen seconded the motion. Chairman Vogel stated he would not support this petition because he is in favor of mixed use projects, and his opinion is office is appropriate where desig- nated on the site plan. In addition, Chairman Vogel stated the developer may not have control over improvements to Prosperity Farms Road. Chairman Vogel is not in agreement with the bike path extending all the way;to A -1 -A for this petitioner. The motion passed with a vote of 2 - 1. XI. Recommendation to City Council re: POD -89 -25 (Montessori Learning Center) Creating a PUD for the Montessori Learn- ing Center located on a 1.531± acre parcel of land known as Tract 3 of the PGA National Commerce Park (15- 42S -42E) • Mr. Ellington addressed the Commission with a presentation of the 10 • • staff report containing five conditions of approval. Mr. Alan Strassler, architect and agent for the petitioner, stated they accept all conditions as read. Mr. Rosen made a motion to recommend approval to the City Council for Montessori Learning Center with the following conditions: 1. The surety will be established at $27,742.00, which is 110% of the certified cost estimate supplied by the engineer -of- record. 2. Protective barriers installed as per City Code 153.50(a). 3. Any work performed within the drip -line of any pro- tected tree is approved by the Landscape Architect of Record prior to approval of construction drawings and ultimately approved by the City Forester. 4. If a protected tree dies during construction or because of construction practices within one year after the Certificate of Occupancy is issued, that tree shall be replaced on the same site by trees, the sum of whose calipers are equivalent to 3 times the tree that dies. Replacement trees will have comparable or better qualities than the previous tree. 5. Preliminary conditions from the PGA Property Owner's Association, Inc. and any amendments from the final approved conditions be made a part of this approval. Mr. Lioce seconded the motion. The motion passed unanimously XII. WORKSHOP: CU -89 -03 - Recommendation to City Council re: (Discount Auto Parts store) Expanding the conditional use to allow retail sales of automobile parts and accessories, currently existing at 4223 Northlake Blvd., to include the entire building encompassing 4213 and 4229 Northlake Blvd., and simultaneous site plan and landscape approval . Mr. Ellington addressed the Commission with a presentation of the staff report. Staff directed the applicant to provide plans for signage. Staff added Jack Hanson, Building Official, would like as a condition of approval that no on -site repair occurs in the parking lot. Lindsey Walter, agent for the petitioner, presented 11 t' F. colors and materials of the building to the Commission. The Com- mission reviewed the project and directed the petitioner to return for Public Hearing on September 12, 1989. It was stated, a more thorough look at the elevations will occur at the next meeting. The Commission stated some work needed to be done to be compatible with the City Standards. There being no further business to discuss, the meeting was adjourned at 12:05 A.M. The next meeting of the Planning and Zoning Commission will be held Tuesday, September 12, 1989. 12