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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) 1 • 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) • 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 2 • 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 • 3 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). • 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. 4 • 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 5 • 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. • 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 7 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. 8 • • 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. E • 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. • 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 10 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 • 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.) 11 • 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: 12 ;: 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. a 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.