HomeMy WebLinkAboutMinutes P&Z 091289i
CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
SEPTEMBER 12, 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, Robert Hamner, Mike Rosen,
members. Domenick Lioce, alternate member was not in attendance.
PUBLIC HEARING: CU -89 -03
Discount Auto Parts Store)
retail sales of automobile
existing at 4223 Northlake
encompassing 4213 and 4220
plan and landscape approva
9/26/89) (13- 42S -42E)
- Recommendation to City Council re:
Expanding the conditional use to allow
parts and accessories, currently
Blvd., to include the entire building
Northlake Blvd., and simultaneous site
1. (Adv. 8- 28 -89) (To be recessed to
Mr. Bristol Ellington, City Planner, stated the petitioner has
submitted a letter requesting the Public Hearing be recessed to
September 26, 1989.
Chairman Vogel declared the Public Hearing open and recessed the
Public Hearing to September 26, 1989 at 7:30 P.M.
PUBLIC HEARING: LU -89 -03 - Recommendation to City Council re:
(Prosperity Centre) Amending the City's Comprehensive Plan for
a .849 -acre tract from the County's Comprehensive Plan designa-
tion of Low - Medium Residential to the City's designation of
Commercial. Located on Floral Lane, Parcels 9 -12. (Adv. 8 -28-
89) (5- 42S -43E)
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PUBLIC HEARING: PUD -89 -26 - Recommendation to City Council re:
(Prosperity Centre) Amending Prosperity Centre PUD (ordinance 31,
1988) by incorporating two small tracts of adjacent property and
amending the site plan. (Adv. 8/28/89) (5- 42S -43E)
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Mr. Bristol Ellington, City Planner, pointed out the location of
the site and reviewed the proposed plan amendments, as
follows:
- The curb cuts originally close to PGA Blvd. have been
relocated a minimum of 100 feet south of the ingress /egress
from PGA Blvd.
- Parking has been eliminated on the southernmost parcel which
extends into the residential area.
- A 15' rear yard setback will be provided from the building
adjacent to the Fina Gas Station.
Mr. Ellington advised that the petitioner has submitted informa-
tion pertaining to the anticipated increase in traffic volumes
over those associated with the original PUD approval, which
indicates the impact is not significant. A traffic analysis of
the total impact, however, may prove to be significant. Since
information on the total impact has not been submitted, Kahart
Pinder, City's Traffic Consultant, has been unable to recommend
conditions.
Mr. Ellington stated that if the Commission is prepared to recom-
mend approval of this petition, staff has seven conditions to be
made a part of the approval, as referenced in the Staff Report
dated 9/6/89.
Mr. Larry Smith, Attorney for the petitioner, reported he has
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• reviewed the conditions in the staff report and finds them
acceptable. The owners of the Fina Station will be contacted
regarding the cross - access agreement referenced in Condition #4.
Mr. Smith presented architectural elevations and discussed the
proposed amendments including .0eliminating the hotel and replacing
with retail use; providing a restaurant on the outparcel;
reducing the F.A.R.; increasing the parking; incorporating the
recently annexed Shupe property into the PUD. Mr. Smith stated
the petitioner is requesting a land use change to Commercial on
the Shupe property.
Mr. David Dement, with Mudano Associates Architects, stated the
Commission's suggestions have been incorporated into the site
• plan.
Mr. Ornstein stated the architecture must be carried all the way
around the building.
Mr. Frank Mudano, with Mudano Associates Architects, stated a 7'
wall will separate the project from the residential area and that
the back of the building will not be visable to the residents.
In response to concerns expressed by Mr. Ornstein, Mr. Mudano
agreed to relocate the clocktower and project signage to comply
with code setback requirements.
Chairman Vogel declared the Public Hearing open for amending the
Comprehensive Plan.
Ms. Esther Wood, 11456 Kidd Lane; stated a wall needs to be
provided adjacent to her property to prevent Waterway Restaurant
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customers from cutting through to the project.
There being no further comments, the Public Hearing was
closed.
Mr. Smith stated the petitioner would agree to providing a
chain link fence covered with vegetation, and also agreed to be
responsible for maintenance of the south parcel, which is to be
retained as green space for the residents.
Mr. Smith stated the additional right -of -way requested by the
County for the widening of Prosperity Farms Road will be
dedicated to the County.
Mr. Ornstein made a motion to recommend approval to the City
Council for amending the Comprehensive Plan on a .849 -acre tract,
located on Floral Lane, Parcels 9 -12 to Commercial. Mr. Hamner
• seconded the motion which was unanimously approved (4 -0).
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Chairman Vogel declared the Public Hearing open for Amending the
Prosperity Centre PUD. There being no comments from the Public,
the Hearing was closed.
Mr. Ornstein made a motion to recommend approval to the City
Council with the following conditions:
1. All applicable conditions of the previous PUD will
remain in force.
2. The seven conditions recommended by staff be included.
3. The property on Prosperity Farms Rd., requested by the
County, be deeded to the County.
4. No part of the sign or the clocktower will be closer than
15 feet to the property line.
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• 5. A cross - access point between the Fina Gas Station and this
property be established.
6. The wall, as shown, be diverted around the southern outpar-
cel, to enclose and encompass it within the project.
7. A combination 6' chain link fence and landscaping be
installed along the property line on Kidd Lane, from the
point that the existing masonary wall ends to the north.
8. The architecture of the buildings go around 360 degrees
on all of the buildings in the project.
Mr. Rosen seconded the motion.
Mr. Rosen made a motion to amend Mr. Ornstein's motion to include
a recommendation that a gate be installed at the south property
line, for maintenance purposes only, maintained by the petition-
er.
Mr. Hamner seconded the motion.
During discussion, Mr. Hamner stated he does not share Mr.
Ornstein's concern with regard to the rear elevation, as the 7'
wall will provide a screen for residents.
The amendment to the motion passed with a vote of 4 -0. The
original motion, as amended, passed with a vote of 4 -0.
PUBLIC BEARING: Z -89 -06 - Recommendation to City Council re:
(Siena Oaks) 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 299 residential units. (Adv.
7- 10 -89) (Public Bearing recessed from meetings of 7 -25 -89 and
8/22/89) (8- 42S -43E)
Mr. Rich Walton, Planning and Zoning Director, addressed the
Commission stating this project has caused frustration since the
major issues still have not been resolved. Staff comments have
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• been ignored and are not reflected in the current plan. Mr.
Walton stated the applicant has entered into an interlocal agree-
ment with the School Board, even though one of staff's earlier
recommendations was to enter into a three -party agreement, with
the City included. A list of issues to be resolved with the
Village of North Palm Beach, prepared by the petitioner, was not
provided to the City. However, the Village of North Palm Beach,
as a courtesy, has furnished the City with the list. Mr. Walton
stated the issues addressed on the list are relatively minor and
may change with the revisions staff is requesting on the plan,
from a circulation standpoint.
Mr. Bristol Ellington, City Planner, reviewed the staff report
• for this project stating the petitioner has revised the site plan
to provide separate entrances for Allamanda Elementary School and
the subject property. A land swap is currently being negotiated
with the School Board in which the School Board would receive
eight acres of vacant land to the northeast of the site, to be
utilized for the relocation of gopher tortoises as well as a
preservation area. In return, the petitioner would receive
property west of the school, currently used as a parent /bus
droff -off. .
A discussion ensued regarding the entrances proposed for the
school /project and possible alternatives. Mr. Walton stated he
does not see any reason to prohibit access to the School from
Burns Road and that there has been no effort on the part of the
petitioner to explore alternatives.
Mr. Kahart Pinder, City's Traffic Consultant, addressed the
Commission stating he recently attended a meeting with represen-
tatives of Palm Beach County, Village of North Palm Beach, the
School Board and the applicant for this project, at which traffic
concerns were discussed. Palm Beach County indicated they would
follow -up internally to determine whether a traffic signal would
be provided at Prosperity Farms Road and the proposed entrance.
Mr. Pinder stated this entrance must somehow be controlled.
Mr. Walton advised that the petitioner is proposing a 6' bike
path, however, staff is requesting 81. Mr. Rosen suggested a
barrier be provided on the side of the bike path closest to the
• road.
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Mr. Ray Royce, Attorney for the petitioner, stated the site plan
presented is the result of P &Z recommendations and that this plan
would make it possible to provide a gatehouse at the entrance of
the project. Mr. Royce stated that if the two entrance roads are
connected, vehicles will cut through the project from Prosperity
Farms Road to avoid the intersection at Burns.
A discussion ensued regarding the gatehouse, cut - through traffic
and vehicle access to the project.
Mr. Ornstein asked if the 8 acres, proposed to be dedicated to
the School Board, could be dedicated to the City instead. Mr.
Royce stated the School`Board wishes to create a nature sanctuary
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on the parcel and use it in conjunction with the school.
Chairman Vogel declared the Public Hearing open.
Mr. Armand Wessel, representing the Allamanda School PTO,
addressed the Commission stating he supports the site plan pre-
sented. Mr. Wessell stated it is his understanding the County is
planning to provide a sidewalk on the west side of Prosperity
Farms Road, from PGA Blvd. to Northlake Blvd. Mr. Wessell stated
a controlled light will be needed for peak hours at Prosperity
Farms Rd. and the entrance to the project.
Mr. Dennis Kelly, Village Manager of North Palm Beach, addressed
the Commission expressing concern with bicycle and pedestrian
traffic coming into the school site and requested signalization
be provided at Prosperity Farms Rd. Mr. Kelly also suggested a
stabalize area be put in place for emergency vehicles.
Mr. August Hernandez, Government Liaison for the School Board,
addressed the Commission stating the School Board supports the
proposed plan and requested the project be moved forward.
Mr. Ornstein made a motion to recommend approval to the City
Council for the above - referenced rezoning, including all of the
recommendations of staff (Staff Report dated 9/6/89 attached),
with the exception of Condition #1, which will be replaced
by: .i_
The Allamanda entrance shall become a public right -of -way
from Burns Road south to the first intersection, between
lots #1 and #96, and that the bike path access from this
road into the school property be stab�4lized for emergency
vehicles.
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go
Mr. Mike Rosen seconded the motion.
Mr. Rosen made a motion to amend Mr. Ornstein's motion to
include:
1. A 5' bike /pedestrian path will be provided on both sides of
Allamanda Drive with guard rails, as per the petitioner's
agreement with the School Board.
2. A bike /pedestrian path will be provided on the west side of
Prosperity Farms road, from the intersection of Burns Road to
where the existing sidewalk stops.
3. Total signalization will be provided at the new intersection
of Prosperity Farms Road and the entrance road to the school
project.
4. A recreation donation will be made at the discretion of the
City Council.
The motion was seconded by Mr. Ornstein.
The motion to amend was unanimously approved with a vote of 4 -0.
The original motion, as amended,.was unanimously approved with a
vote of 4 -0.
WORKSHOP: Z -89 -10 - Recommendation to City Council re: (Gardens
East PCD) Amendment to the Gardens East Planned Community Dis-
trict (PCD), Ordinance 2, 1987, approved 3/2/87, to allow the
8.41 d.u.s /acre on a 29.5 -acre tract (248 units) and the 13.04
d.u.'s /acre on a 15.5 -acre tract (202 units) to be evenly dis-
tributed (10 d.u.'s /acre) across both tracts totaling 45 acres
while maintaining the total number of allowable units (448 units)
and the elimination of the A.C.L.F. facility (7 & 18- 42S -43E)
PREAPPLICATION REVIEW: PUD -89 -28 - Recommendation to City Coun-
cil re: (Gardens East Rental Apartments) Creation of a Planned
Unit Development (PUD) for the construction of a 448 -unit rental
community within tracts A and B of the Gardens East PCD (Ordi-
nance 2, 1987, approved 3/2/89) (7 & 18- 428 -43E)
M.-Bristol Ellington, City Planner, presented and reviewed the Staff
Report dated 9/7/89. Mr. Ellington stated the proposed 448 -unit
rental community will be located on two tracts totaling 45 acres.
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• The originally proposed ACLF has been eliminated. Mr. Ellington
reviewed the "Intended Plan of Development and Consistency with
Comprehensive Goals" submitted by the petitioner. Mr. Ray Royce,
Attorney for the applicant, addressed the Commission advising
that the amendment to the PCD will provide for 10 u /p /a overall
density, the same as originally approved, but will evenly dis-
tribute the density across 2 tracts of land. Mr. Royce presented
a site plan, noted the surrounding land uses and stated that a
Spanish Mediterranean architectural theme is proposed for the 1 &
2 story apartments, geared toward middle income tenants. A
series of interconnected lakes will be provided throughout the
project, as well as a recreational clubhouse, tennis courts, 30'
• x 50' swimming pool, and pedestrian pathway.
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Mr. Royce advised that the developer also intends to contribute
to the City's recreational fund, created to build a civic recrea-
tional facility.
Three entrances are proposed from Alternate A -1 -A, two of which
will line up with existing median cuts. The third will be a
right in /right out only.
Two straight -in parking spaces per unit will be provided and
some parallel parking will be available on the main boulevards.
Parking areas will be separated by heavy landscaping and trees.
Mr. Royce presented architectural elevations.
Mr. Doug Coomer, Traffic Engineer with Kimley -Horn, stated the
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forecast shows that a maximum of 27 vehicles will access
any one of the entrances on Alternate A -1 -A during peak hour.
Mr. Bert Smith, Engineer with Greenhorn& O'mara stated all com-
ments/concerns submitted by David Getz, City's Engineer, have
been satisfied. Waste Management has been contacted and has no
concerns.
Mr. Rosen stated perimeter buffer profiles must be submitted at
the Public Hearing as well as more detailed landscape plans.
Mr. Hamner stated, and the Commission agreed, that the proposed
project is one of the finest presented to the Commission in some
time. The Commission directed staff to move the petitions to
Public Hearing.
• PREAPPLICATION REVIEW: PUD -89 -29 - Recommendation to City Coun
oil re: (Preston Courts, Parcel M -18) Amendment to Preston
Courts PUD, Parcel M -18, within the PGA National PCD to reduce
the number of originally approved units from 34 to 30 units, thus
reducing the overall density from 7.10 d.u.'s /acre to 6.26
d.u.'s /acre.
The Petitioner, Mr. Bob Frein, was not present.
p,,Bristol Ellington, City Planner, reviewed the Staff Report dated
9/7/89, as well as concerns expressed by Mark Hendrickson, City
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forester.
aE
After discussion of the project, it was the concensus of the
Commission to forego further discussion until the petitioner is
present.
(Scheduled for Recommendation to City Council 9/26/89.)
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PREAPPLICATION REVIEW: PUD -89 -27 - Recommendation to City Coun-
cil re: (PGA National Parcel M -31a) Creation of a 61 -unit, one
and two- story, semi - custom single - family residential POD located
on 16.005± acres within the PGA National Community on parcel M-
31a. (15 & 16- 42S -42E)
[(\&•Bristol Ellington, City Planner, presented and reviewed the
Staff Report dated 9/6/89. The petitioner is proposing
61, 1 & 2 story semi - custom homes, some with an attached guest-
house. Homeowners' documents will prohibit separate rental of
the guesthouses.
Mr. Ellington stated staff is recommending future access be
provided to Parcel M -31b when it is developed. Mr. Ellington
advised that the entrance sign elevations have not been received.
Mr. Hank Skowkowski, authorized agent for the petitioner, stated
the petitioner agrees to a condition which would preclude sepa-
rate rental of guesthouses. With regard to the access to M -31b,
Mr. Skokowski stated the applicant would like to be able to
assure home purchasers that their private cul -de -sac will not be
made into a through road.
A discussion ensued regarding the proposed 36' R.O.W., as opposed
to the standard guideline of 38' (Condition #1). Mr. Skokowski
stated the 36' R.O.W. is preferred, from a marketing standpoint,
since this has allowed the developer to provide 110' lots. Mr.
Skokowski requested the language in Condition #4 be changed to
add the word "plat" as follows:
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;:
The L24 Water Management easement will need to be relocated
prior to final "plat" approval by the City Council.
Mr. Skokowski stated the petitioner is agreeable to all other
conditions.
Mr. Walton stated he would be reluctant to alter language in the
conditions provided by David Getz since he is not present to
defend the referenced condition.
Mr. Jeffrey Ornstein made a motion to recommend approval to the
City Council for the above - referenced petition, with all ten
conditions as stated in the staff report dated 9/6/89 (copy
attached). The motion was seconded by Mr. Rosen.
The motion carried unanimously with a vote of 4 -0.
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There being no further business to discuss, the meeting was
adjourned at 11:00 P.M. The next Regular meeting of the Planning
and zoning Commission will be
�JEFFREY -------- - - - - -- STEIN
__ -.1 _� - - - - - - - - - - - - - - - - - - - - -
DOMENICK LIOCE
- - - -- - -- -- - - - - --
JEAN LONG, S RETARY
r'
MIKE RO N
13
26, 1989.