HomeMy WebLinkAboutMinutes P&Z 112288CITY OF PALM BEACH GARDENS
PLANNING AND ZONING C:i iMM I SS I ON
NOVEMBER 22, 1908
• REGULAR MEETING
The Regular- Meeting of the Planning and Zoning Commission 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, John Toshner, Vice Chairman; Robert Hamner, Mike
Rosen, Jeffrey Ornstein, Members; Domenick Lioce, Alternate
Member.
The minutes of October- 18, 25, and November- 9, 1988 were approved
as submitted.
Pub t i E- .-Hearn i n;3- Recommendation to City Council re: Amending
103.4 -acre "Garden Lakes" Commercial /Multi - Family Residential PUD
created 2/16/78 via Ordinance i =,, 1977, providing for the
construction of a buffer- landscape and wa I I along their easterly
and northerly property lines fronting on North Military Trail and
the Interstate -95 cuff -ramp (Urban Design Studio) (adv. 11/7/88)
Mr. Mick: Hrivnak of Urban Design Studio, representing the Garden
Lakes Homeowners' Associaton, addressed the Commission stating a
landscape buffer- and wall is being requested. Mr. Hrivnak:
advised that FP&L has agreed to allow the construction of the
wall within their- easement. This agreement with FPW will allow
the wall to be constructed over 1 5 ' away from U n i t 1 1 0 , rather -
than the 4 ' G" o r i g i n a l l y proposed. Mr. Hr- i vnak stated the wall
• will be a "breakaway" wall to enable FP&L to access their- lines.
Garden Lakes will be responsible for replacing the wall, should
that ever- occur.
•Planning and Zoning Commission
November- 22, 1988
Page
Mr-. Ornstein expressed concern re: the height of the wall
exceeding that of the existing patio walls. Mr. Hr-ivnak stated
the wall must be higher- than the patio for sound abatement,
architectural continuity, and security.
Chairman Vogel declared the Public Hearing open.
Ms. Ne I o i se Be I l , President of the Garden Lakes Homeowners'
Asset i aton, and resident of Unit 211, addressed the Commission
stating she, and the Association, is in favor of the proposed
wall.
Mr. Fogel, 110 1st Lane, addressed the Commission stating he is
opposed to the construction of a wall as he would lose the breeze
from the southeast. Mr. Fogel requested the height be reduced to
the height of the patio.
Mr-. David St. John, Attorney for the Garden Lakes Homeowners'
Association, addressed the Commission stating the Association
received funds from the DOT, as a settlement, for the
construction of a wa I I for the purpose of noise abatement.
Mr. Jerome Saltysik, resident at 219 - 2nd Lane, addressed the
Commission and pointed out that a wall will not aid in noise
abatement unless it is 20' high, as the bedrooms are on the
second floor. Mr . Sa l tys i k objected to the proposed wall
blocking his southeast exposure.
Mr. Bob DeAmbros i o, resident at 1517 - 15th Lane, addressed the
Commission and suggested constructing a 3' - 4' wa I I with chain
I i nk fence on top of it.
Planning and Zoning Commission
November- 22, 1988
•Page ti
Chairman Vogel closed the Public Hearing.
Mr. Hr- i vnak stated the wa I I w i l l not be higher than 7'3''
above grade.
Mr. Ornstein made a motion to recommend approval of 103.4 -acre
"Garden Lakes" Commercial /Multi- Family Residential PUD created
2/116/78 via Ordinance 18, 1977, providing for the construction
of a buffer- landscape and wall along their easterly and northerly
property lines fronting on North Military Trail and the
Interstate -95 off -ramp, with the following conditions.
A letter- is obtained from the woman residing in the unit
• closest to the proposed wall, stating she has no objections.
In no case will the wall exceed the height of the adjacent
patio fence.
Mr. Rosen seconded the motion and the motion was unanimously
carried.
F'ub I i c__Hear- i n - Recommendation to City Counc i I re: Amending
"Gardens Medical Park" PUD, 2355 Burns Road, PPG, created
11/17/83 by Card. 17, 1983, and amended 1':x/19/85 by Gird. 28, 1985,
providing for extension, by three years, of the permissible time
for completion of the project (Attorney. Robert Banks, autho.
agent for Mr. Greg Zielinski, General Partner of Gardens Medical
Associates, fee simple title owner- of lands of Phase I I , and Dr.
Zbigniew Scheller & Anna Maria Scheller, fee simple title owners
of lands of Phase III) (adv. 11/7/88)
Mr. Robert Banks, Attorney representing the owners of Phases II
and III, addressed the Commission stating the application has
been amended and the request to expand the uses within the PUD
has been withdrawn.
Chairman Vogel declared the Pub I i c Hearing open.
Mr. Toshner- moved to recommend approval to the City C:ounc i I for
Planning and Zoning Commission
November- 22, 1988
•Page 4
amending "Gardens Medical Park" PUD, 3355 Burns Road, PBG,
created 11/17/8:3 by Ord. 17, 1983, and amended 12/19/85 by Ord.
za, 19S5, providing for extension, by three years, of the
permissible time for completion of the project. Mr. Ornstein
seconded the motion which passed unanimously.
Recommendation to City Council re: Rezoning
1311.51 acres, including site commonly known as "J .D.M. Country
Club, located, in general, between PGA & North1ake BIvds. and N.
Military Tr. & Turnpike, from present City zoning classifications
of RS (Residential Single Family District), PDA (Planned
Development Area) , Palm Beach County's zoning classification of
AR (Agricultural District) (Comparable to City's Zoning
Designation, of AG) and RM (Residential Multiple Family, Medium
Density District) (Comparable to City's Zoning Designation of RM)
to City's zoning classification of PC:D (Planned Community
District), per- petition of Hank Skokowsk: i of Urban Design Studio
and Attorney Raymond Royce, Autho. agents for Hansen-Florida,
Inc. (Pub I i c Hearing recessed from 11/7/8:3)
Mr. Hank SF::okowsk i , authorized agent for the petitioner,
addressed the Commission stating every effort has been made to
address the questions /concerns of abutting property owners.
Mr. Sk:ok:owsk: i submitted written responses to questions raised at
the Workshop meeting of 11 /9/88 (copy attached) . Mr. Skokowsk i stated
the roaster- plan has been reviewed by the Fire, Po I ice and Public
Works Depts., all of which are supportive of the three access
points.
Mr. S4: ok owsk i submitted "Draft Conditions of Approval" to the
Commission (copy attached), which includes the following:
Notwithstanding the p e t i t i o n e r s right to security and h i s
• continuing need to coordinate and cooperate with the
existing residential community in that regard, the petitioner
shall not construct any perimeter- security system which would
affect the quality and character- of existing views of the
golf course, lakes and canals thereon including fences,
walls, hedges or the like.
Planning and Zoning Commission
November- 22, 1988
,,,.Page S
Mr. Skokowski stated that a privileged membership status will be
offered to the abutting property owners as follows:
1. Social Fitness & Racquet Club Memberships will be
offered at resident rates, at resident status, for a 90-
day period, from the start of the new membership drive
anticipated in the 1990 season, and will not be
assignable.
2. Golf Memberships will be offered to single - family and
condominium residents who are presently members, at
resident rates and non - resident status. These
memberships will be offered for a 90 -day period, from
the start of the membership drive anticipated in the
1:90 season, and will not be assignable.
Mr-. Skokowski stated this master plan will be reviewed in detail
over many years and each parcel will be independently reviewed
• through a PUD process.
Mr. Toshner- expressed concern with the possible future commercial
development of the 10 -acre parcel at the intersection of Military
Trail and Gardenia. Mr. Skokowski stated the parcel is not part
of this project
Mr. Skokowski stated that within the PC:D boundaries, there are no
occupied residential units which will remain.
There are four- existing residential parcels which are
"grandfathered ", and are not a part of this zoning action.
In response to a question by Mr. Ornstein,. Mr. Skokowski stated
the 1/4 -acre park proposed for the end of Holly Dr. will be a
common pub I i c area for the use of the residents on Holly Dr.
isMr. Ornstein requested plans for perimeter landscaping treatment
and design criteria be presented to the Commission at the newt
Planning `.: Zoning Commission
November- 22, 198
Page 6
• meeting.
Mr. Toshner- stated he has been told that the proposed project is
on a former landfill site and requested information as to haw
this would impact the digging of lakes, water quality, etc.
Mr. Sk:okowsk i stated that an old County construction I andf i l l
site is shown on the master plan on the southwest corner- of the
site. However-, there is no residential development proposed on
the site.
Chairman Vogel requested input from Mr-. Rich Walton, Director of
Planning -. Zoning.
Mr. Walton stated he has met with the applicant and has had
numerous discussions with staff since the last meeting and
anticipates a letter from the City Engineer- addressing h i s
concerns regarding traffic and drainage. Mr-. Walton stated the
School Board has indicated a letter- is forthcoming detailing
their- concerns /comments regarding impacts on schools.
Mr-. Walton advised that he believes the conceptual nature of the
project is consistent with other- large projects and feels the
details can be addressed at a later date.
Chairman Vogel declared the Public Hearing open.
Mr. Hank James, resident abutting the proposed project, addressed
the Commission stating he is opposed to the project and objects
to the changes which will impact upon the existing JDM community.
• Mr. James is opposed to barricades of any type, including canals.
With regard to memberships, Mr. James stated he, and the group
of people for whom he is acting as spokesman, find the proposal
Planning & Zoning Commission
November- 22, 1988
• Page 7
unacceptable.
Mr. James stated the JDM residents wish to have the same
membership privileges afforded the new JDM residents and are
willing to pay the same amount as the new residents in order- to
have them.
Mr. Ken Schr- i msher, 4416 Hickory Dr., representing JDM Country
Club Estates, Plat 1, addressed the Commission stating the
residents are opposed to any diversion of the canal system and
are also opposed to the increased density of Parcel 10. Mr.
Schrimsher- stated he supports the cul -de -sac proposed for Holly
• .
Dr. Mr. Scher- i msher- submitted a petition signed by the residents
of Flat 1.
Mr-. Dick Meehan, Avenue of the FGA resident, addressed the
Commission stating he is concerned with the proposed development
prohibiting thru traffic from FGA Blvd. to North I ake Blvd.
Mr. Jay Adolph, 10690 Avenue of the PGA, addressed the Commission
requesting clarification as to whether memberships options would
be available to current residents as well as future residents.
Mr-. Adolph stated security is also an issue to the existing JDM
residents and suggested providing private security patrol cars
rather- than constructing barriers.
Mr. Steve Brucini, :1469 Howell Lane, requested information
• regarding what type of densities will be abutting his property.
Mr. Andy Helveson, representing residents on Seagrape, Juniper,
Spruce, Holly, and some residents in Gardens Glen, addressed the
Commission and submitted a petition opposing any barriers. Mr-.
Planning & Zoning Commission
November- 22, 1988
•P a 9 e
He I veson stated he is concerned with rnernber-sh i ps, traf f i c on
Ho I I Dr. , rnai ntenance of the park. proposed for- Ho I ly Dr. , water,
and is opposed to the alteration of the East Golf Course .
Mr. Vince Pappalardo, representing the Woodland Lakes area
res i dents, addressed the Comm i ss i on request i n3 the Pub I i c Hear- i n3
be recessed in order- to give the residents the opportun i ty to
meet with the developers to works out are agreement.
Mr. Greg Scott, Gardens Glen C:irlce resident, addressed the
Comm i ss i on requesting information regar d i n3 the type of s i r•13 I e-
fami ly ho us i ng that is proposed. to abut their property. Mr.
Scott requested that a F' to 10' easement be estabIistied can the
is the project east and north sides for- future utiIity uses.
Mr-. Scott stated the residents a I so wish to have the opportun i ty
to become members of the Country CI ub, not Just cin a 90 -day tr i al
basis or non - transferrable basis. Mr. Scott requested that a
pedestrian access to the Ho I I y Dr -. wa I k::way be ma i nta i ned and
suggested the pet i t i oner- cons i der- not hav i ng an access ctnto
Military Trail.
Dr. Art Virshop, Seagrape resident, addressed the C:rimm i ss i on
stating there have been several burglaries in the JDM area. Dr-.
V i rshop stated hie wou 1 d I i k --:e to see the br- i die between Seagrape
and Military Trail eliminated, for security reasons. Dr. Virshop
stated he feels the existing canal system is a natural security
• feature and with the removal of the bridge, it would provide
adequate security. Dr. Virshop stated it is his understanding
that a 3' deep, 35' wide canal is being considered to surround
Planning & Zoning Commission
•November- 22, 1988
Page 9
the golf course and is opposed as -this would became a mosquito
breeding ground.
Mr. August Hernandez, representing the School Board, addressee
the Comm i s i can presenting a copy of a preliminary analysis of
potential student generation from the proposed project. Mr-.
Hernandez requested that the pet i t i caner- meet with the Sc h o o I
Board to discuss the impact of the project and the pass i b i I i ty of
providing an elementary school site to mitigate the impact.
Mr-. Joseph Russo, IS SheIdrake Lane, addressed the Commission
stating he is a candidate for the City Counc i I and that he feels
the residents have rights that should not be violated.
Mr. Ed HoIIaway, President of Vision I Homeowner's Assoc iation,
100 B, Vision Court, addressed the Commission expressing concern
with environmental impacts, traffic, health services and
landscaping. Mr-. Holloway stated Vision I residents make a
significant do I I ar- contr- i but i -in to JDM through the i r- commun i ty
cr- i me watch program and I ong -range I andscap i ng p I an.
Mr. Roy Watson, Hickory Dr- i ve resident, addressed the Comm i ss i --in
expressing concern with the destruction of the east golf course,
since it is the most wadded area and has a tremendous amount of
wildlife, and great historical value.
. 7her-e being no further- comments from the pub I i c, the hearing was
clused.
Mr. Sk:ok -owsk i responded to some of the residents concerns and
advised that he would address them in detail at the next meeting.
Planning and Zoning Commission
November- 22, 19as
. Page 10
With regard to the canal system being deep and 35' wide, Mr.
Skokowsk i stated he would need to do some research, as he does
riot know if the majority of existing water- systems are much
deeper.
Chairman Vogel advised that the Community Center- has been reserved
for the next meeting. The Commission recessed the Pub I i c Hearing
to December- 7, 1988 at 7:30 F.M.
•
•
Planning & Zoning Commission Meeting
November- 22, 1988
Page 11
•
Chairman Vogel requested Mr. William Brant, City Attorney, speak
to the members of the Commission regarding legal points raised in
connection with the JDM project.
Mr. Brant advised that he has met with Mr. Raymond
Royce, Attorney for the petitioner, and Mr. Hank James, JDM
resident, requesting their input.
Mr. Brant stated the major- question appears to be whether- the
project falls under- requirements necessitating processing as a
DRI, and based on the Statutes and the facts presented, in his
opinion, it does not. Mr. Brant advised it is his opinion that
the City cannot mandate the petitioner- to obtain a binding
letter.
Mr. Brant addressed the issue of the County's Traffic Performance
Standard, passed on the last referendum election. Mr. Brant
stated, in his opinion, it is the same as passing a
Constitutional amendment - -it is a power- granted. However, until
the legislature creates an enabling statute, any laws on the
books that may be in controvert i r n are not necessarily
overturned. Mr. Brant further stated, in his opinion, that until
lilt County adepts such an ordinance, with an effective gate, the
urrent position of the various municipalities will still govern.
Whatever has been the Commission's pry I i cy, on behalf of the City,
will still prevail.
Mr. Brant stated he understands the neighboring residents wish
to be part of the country club, obtain social and golf
privileges, etc. and, hopefully, the residents and the petitioner
will be able to work this problem out among themselves. If they
are unable to do so, in his opinion, neither- the Commission nor -
the City Council has the right to mandate that the residents'
demands be met. Mr. Brant stated he feels some progress has been
made in resolving the problems.
Chairman Vogel requested information regarding the advertising
brochures in which John D. MacArthur made statements guaranteeing
certain amenities. Chairman Vogel stated Mr. Royce has evidently
researched this question and has determined that there is no
public record of such guarantees or deed restrictions.
Mr. Chant stated he has seen the "proposed plan" in question and
to his knowledge, nothing exists in the public retards,
therefore, it should not be a public concern. Mr. Brant stated
the residents may have abundant private rights, however, it is
between the residents, as land purchasers, and the Foundation,
41as it is not the function of the Commission or the City Counc i I
1 %o enforce private rights.
Mr. Brant noted that he is in possession of a copy of a plat,
delineated as a boundary plat, dated 1963, for two of the golf
courses. The plat shows part of a roadway__Easement, utility and
Planning and Zoning Commission Meeting
November- 22, 1988
Page 12
0
drainage easements. It appears the City once owned the golf
courses.
Chairman Vogel expressed concern with continuing the discussion,
as it is not being conducted as a part of the public hearing for
this project.
Mr. Rosen asked if an agreement, made between the petitioner and
the residents is made during workshop sessions,' could the
agreement be made a part of the PC:D ordinance. Mr. Brant
responded, in his opinion, it could not. Mr. Brant stated the
residents are establishing a property owners association and will
be given recognition, or non - resident privilege. Mr-. Brant
stated he does review homeowner's documents, on behalf of the
City, and could note that the agreement has been made and assure
that it is entered into the public record. Mr. Brant stated he
believes it could be done under this type of vehicle rather- than
the City mandating, as this is an area he would rather- not see
Commission /City Council involvement.
Mr. Lioce stated the issue has,teen raised concerning Holly Drive
•being an easement that was "dedicated" to the public, not the
ity, but an easement running in favor of the City. Mr. Lioce
asked Mr. Brant if the City is acting in contravention of public
policy if it allows this public easement to be closed off. Mr.
Brant stated he is not familiar with the exact words of the
particular- deed, but if the title doesn't run to the City, then
platting and dedication law is involved and the question arises
as to who represents the public.
Mr. Toshner stated he is very interested in the subject petition
and the discussion, however-, has a problem with discussing th i s
item after the residents and representatives of the petitioner
have loft the meeting. The Commission agreed and proceeded with
the next agenda item.
C�
Planning _. Zoning Commission
November- 22, 198
• Page 13
F'ut I i c_I�lear� i ng Recommendation to City Counc i I re: Modification to
the "conditional uses" in the CG-1 (General Commercial) Zoning
District, providing for a "mechanized car- wash" within a .72 -acre
parcel, which includes the present location of the "Gulf" service
station on the s/e corner- of Alt. A -1 -A and Lighthouse Dr., at
9730 Alt. A -1 -A, per application of Ervin Keel, autho. agent for
Donnini Enterprises, Inc. (adv. 11/17/88)
Mr. Ervin k::ee I , autho. agent for the petitioner, addressed the
Commission stating the project has previously been brought before
this Commission, but was withdrawn. Mr. Keel stated the car -
wash will be immediately south of the existing Gulf Station.
Mr. Keel stated a minor modification will be made to
accommodate the turn - around.
• In response to a question by Mr. L i oce, Mr. Keel stated that
with the purchase of a portion of the bank: parking lot, the bank:
still has adequate parking.
Mr. Donn i n i stated the car- wash operation will be similar- to the
Pelican car wash facility.
Mr. Keel stated a traffic study has indicated there will be no
significant increase in traffic.
Mr. Ornstein moved to recommend approval to the City Council for -
the modification to the "conditional uses" in the CG-1 (General
Commercial) Zoning District, providing for a "mechanized car -
wash" within a .72-acre parcel, which includes the present
location of the "Gulf" service station on the s/e corner- of
• Alt. A -1 -A and Lighthouse Dr., at 9730 Alt. A -1 -A, with the
proviso that it is not a coin- operated facility. Mr. Hamner
seconded the motion which was unanimously approved.
Planning and Zoning Commission
November- 22, 1988
Page 1+?�
I?Jort 12E Recommendation to City Counc i I re: amending plans for -
architectural elevations, landscaping, site lighting, & parking
lot of "Marriott Hotel", approved 11/17/87 by Ordinance 20, 1987,
on RCA Boulevard, per application of Thomas T. McMurrain, Vice
President of Marpa I rn Corporation
Mr. Tom McMurrain, Vice President of MarpaIrn, addressee the
Commission presenting site plan and rendering of the proposed
changes to the project. Mr. McMurrain stated the changes are due
to an existing Southern Bell easement running through the center
of the site and also due to engineering comments.
Mr. McMurrain stated no parking spaces were eliminated.
Mr. McMurrain presented elevations, painted out the change to the
• roof I i ne and stated the number- of hotel rooms has not changed.
Mr. McMurrain stated the architect is not present, but will be
available at the next meeting to answer- specific questions.
F'ut I i c_HRar_ i_n2- Recommendation to City Counc i I re: Rezoning, from
Zoning classification of M -1 Research and Light Industrial Park
District to a Zoning Classification of F'C:D Planned Community
District, 102.7 acres, more or less, located between Alternate A-
1 -A and Interstate -95 and Burns Rd. & RCA Blvd., within Sections
1 :. 12, Township 42 South, Range 42 East, and Sections 6 _. 7,
Township 42 South, Range 43 East, per the petition of Attorney
Larry Smith, autho agent for PPG Development Associates (Pub I i c
Hearing recessed from 7/26/88, 8/9/881 /: : /c::_7, 9/27/8S,
10/25/S S, _. 11/9/88 Meetings) (adv. 7/11/88 _. 9/12/88)
(NORTHCORF' )
Mr. Bob Banks, representing the petitioner, addressed the
Commission and stated that Mr. Larry Smith, authorized agent
. could not be present. Mr. Banks stated the traffic engineer- is
st i I I working with the County, MPO and Treasure Coast Regional
Planning Counc i I and, therefore, requests the Pub I i c Hearing be
Planning : <: Zoning Commission
November- 22, 1988
• Page If
recessed to the nest meeting.
Mr. Peter- McDonough, of Team Plan, Inc . , addressed the Commission
and subm i tted wr i tten "Revisions in Positions of Deve I oper" ( copy
attached) . Mr. McDonough reviewed arid discussed the rev i s i ons
with the Crmmission which included pyramidal setbacks. Mr. Lioce
stated he feels the pyramidal concept is unrealistic.
Mr. Rosen stated hie st i I I would I i �::e to see justification for the
proposed 2,000,000 sq. ft., and parcel layouts. Mr. Rosen
stated hie feels the 2,000,000 sq. ft. is excessive.
Mr. Ornstein stated hie is pleased with the information presented
• and the only problem he sees is with the open space. Mr.
Ornstein stated he fee Is the open space should be increased with
the increased height _if the bu i I d i ng .
Mr. Rosen asked Mr. McDonough i f his c I i ent wou I d tie agreeab le to
estab I i sh i ng a percentage of requ i red i n -bu i I d i rig- park -i rig for 15-
story bu i I d i ngs . Mr. McDonough responded he did not think: that
would be a problem.
Mr-. McDonough stated i rater- i or- roadways, read a I i gnment,
timing of improvements and traffic w i I I be addressed at the next
meet i rig.
C:ha i rman Vo3e I dec I aced the Pub I i c Hear- i rig open.
Vice Mayer Mart i no expressed concern with the he i ght cif the
bu i I d i rigs arid stated he wou I d not tie i n f aver- of to I I er- bu i I d i rigs
near the residential areas.
Mr. John GuIIian, 4151 Magnol ia, requested information re: water -
retention. Chair - man Vogel stated this issue is being reviewed by
Planning and Zoning Commission
November- 22, 1988
page 16
the City Engineer-.
Chairman Vogel recessed the Pub I i c Hearing to December- 13, 198
at 7:30 P.M.
F;EF'C�FiT FFi���M Ci ICING: I L L I A I S�!N
Vice Mayer- Mike Martino advised that the City Council has
approved the Severel Hotel project. The restaurant has been
eliminated, the number- of rooms reduced, and the parking w i l l be
adequate.
Vice Mayor- Martino reported the Comedy House has been approved by
• the City Council.
0610011 0519211111
There being no further business to discuss the meeting was
adjourned at 11:30 P.M. The next meeting of the Planning and
Zoning Commission w i l l be held on Tuesday, D cem er- 13, 19
AF'PP� iVAL
TEIN
MIk:
* - - -- - - - - - --
JEAN LONG, SECRETARY