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HomeMy WebLinkAboutMinutes P&Z 110988CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION NOVEMBER 9, 1988 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, Robert Hamner, Mike Rosen, Jeffrey Ornstein, Members; Domenick Lioce, Alternate Member. John Toshner was not in attendance. Mr. Ornstein requested the Commission allow time for reviewing the minutes of the meetings of October 18th and 25th, as it would be difficult to discuss the Northcorp project without reviewing the minutes first. Chairman Vogel suggested Mr. Ornstein wait until the project is discussed to raise the issue. Public Hearing - Recommendation to City Council re: PUD, with land uses permitted bein those as set forth in the CG -1 General Commercial District of the Palm Beach Gardens Code, proposed to consist of existing 1600 sq ft. bank City Federal and 91 room limited service "The Gardens Suites Hotel ", and be located on 1.85 -acre par- cel on the east side of U.S. Highway 1, south of PGA Boulevard, directly north of "The Towers" six story professional office project, per petition of GBS & H Architects, autho. agent for Messrs. F. Edward Devitt and George Tolley, Jr. (adv. 10/25/88) Chairman Vogel stated the authorized agent for the petitioners, Attorney Fred Cohen, is his personal attorney and also represents the company Chairman Vogel is affiliated with. Attorney Fred Cohen, representing the petitioners, addressed the Commission stating a meeting has been held with the Board of Directors and residents of Twelve Oaks to •discuss the residents' concerns. Attorney Cohen stated he feels most of questions have been answered. • Planning and Zoning Commission November 9, 1988 Page 2 Chairman Vogel asked if Attorney Cohen has seen the letter submitted from Mr. Ralph D. McKee, Jr., a Twelve Oaks resident, dated November 9, 1988, in which he lists conditions he would like placed on the approval of this project. Attorney Cohen was provided with a copy of the letter. Mr. Don Hearing with GBS &H Architects, addressed the Commission discussing the con- cerns raised by the Commission at the last meeting. Mr. Hearing stated the City Federal Bank building, existing on the site, will be leased back to the bank, but will be included in the requested PUD. Mr. Hearing reviewed the site related con- cerns stating the signage setback has been researched and found to be 15 feet. The site has been reconfigured sligtly by consolidating an entrance to improve cir- culation by utilizing the entrance for ingress /egress for both the bank and hotel • facility. The dumpster has been relocated to the front of the building and will be well- screened and buffered, and will have plastic lids. A 7' buffer and 6' masonry wall will be provided at the rear of the building to buffer the residential area. Mr. Hearing stated the petitioner has agreed to replant the ficus hedge behind Wendy's, and has also agreed to construct the wall during the first phase of deve- lopment. The lighting scheme will be no higher than the height of the wall. With regard to a loading area, suggested by the Commission at the previous meeting, Mr. Hearing stated the laundry for the hotel will be done on -site, there will be no food deliveries, and does not feel a designated loading area is needed. Mr. Hearing stated 9' x 18' parking spaces will be provided, however, presented an overlay, requested by the Commission, showing that 10' x 20' spaces could be provided. Mr. Hearing advised the potential for shared parking with the bank exists. • Mr. Hearing presented a rendering of the building, stating it will be fashioned architecturally after the Oakbrook Corporate Center. Mr. Hearing pointed out the • Planning and Zoning Commission November 9, 1988 Page 3 roof line has been changed, as suggested by the Commission, to break up the long look of the roof. Mr. Hearing presented the proposed signage stating the City Sign Ordinance currently requires signs to be back -lit and stated he would prefer ground lighting. Mr. Ornstein stated the list of conditions received from Mr. McKee should be incor- porated in the approval, with the exception of Item 6, regarding Twelve Oaks appro- val of the height of the wall. Mr. Ornstein complimented Mr. Hearing on his presentation. Mr. Ornstein stated Mr. Hearing did not address the north curb cut, which the Commission had suggested making a right- turn -out, exit only. Mr. Hearing advised it • has been reviewed, however, feels one median opening would create traffic problems with patrons missing the entrance, necessitating turning at the traffic light and coming back to the entrance. Mr. Ornstein agreed ground lighting would be more appropriate than back lighting. Mr. Hearing stated he would agree to comply with the Art in Public Places Ordinance and has located a potential site, however, will need to research the type of art to display. Mr. Hearing distributed a lighting information sheet, indicating the type of lighting proposed for the rear wall and parking lot. Mr. Rosen asked for information regarding the future plans for the bank site. Attorney Cohen stated the bank has the option of renewing their lease, however, should the bank site be available, the clients are willing to assure the Commission . that they will not provide a restaurant that will be open to the public. They may • wish to have a facility for providing limited food service to the guests of the hotel. Mr. Rosen stated such a facility would be difficult to control and would draw off site patronage. • Planning and Zoning Commission November 9, 1988 Page 4 Chairman Vogel declared the Public Hearing open. Several Twelve Oaks residents addressed the Commission expressing the following concerns: The wall being too high; decrease in property values; traffic impact; drainage; lighting; location of dumpsters; parking; noise; security; odor. There being no further comments, Chairman Vogel closed the Public Hearing. Mr. Ornstein made a motion to recommend approval to the City Council for the PUD, with land uses permitted being those set forth in the CG -1 General Commercial District of the Palm Beach Gardens Code, proposed to consist of existing 1600 sq. ft. bank (City Federal) and 91 -room limited- service "The Gardens Suites Hotel ", and be located on 1.85 -acres parcel on the east side of U.S. Highway #1, south of PGA Boulevard, directly north of "The Towers" six -story professional office project, per petition • of GBS &H Architects, autho. agent for Messrs. F. Edward Devitt and George Tolley, Jr., with the provisos that (1) items 1, 2, 3, 4, 5 and 7 of Mr. McKee's letter (attached) be included, (2) the north exit be a one -way exit only, (3) there be ground lighting on the signage (4) the wall along the property line be 6' plus or minus 611, (5) the parking spaces will be 9' x 181, except for the handicap spaces, (6) the proper art will be provided in compliance with the Art in Public Places Ordinance, (7) at no time in the future will there be a restaurant on the site. Mr. Rosen seconded the motion. During discussion, Chairman Vogel stated he understands the concerns of the Twelve Oaks residents, however, he feels this type of hotel will be acceptable. Chairman Vogel stated he does not agree with the proviso regarding the north exit ( #2). Mr. Hamner agreed with the Chairman. The motion was unanimously passed. is • Planning and Zoning Commission November 9, 1988 Page 5 Public Hearing - Recommendation to City Council re: Annexation of 776.67 acres, more or less, between Alternate A -1 -A and Prosperity Farms Road, south of Donald Ross Road, including the portion of the subdivision known as "Frenchman's Creek" lying south of Donald Ross Road, per the petition of Haft - Gaines Associates on behalf of 100° of the property owners adv. 10/25/§§l Mr. Ed Mitchell, Assistant to the City Manager, addressed the Commission stating approvals have been received from 100% of the property owners within the annexation area. Mr. Mitchell advised that the petitioners are present to answer any questions the Commission may have. Chairman Vogel declared the Public Hearing open. There being no comments from the public, the Hearing was closed. Mr. Ornstein moved to recommend approval to the City Council for the annexation of 776.67 acres, more or less, between Alternate • A -1 -A and Prosperity Farms Road, south of Donald Ross Road, including the portion of the subdivision known as "Frenchman's Creek" lying south of Donald Ross Road, per the petition of Haft - Gaines Associates on behalf of 100% of the property owners. The motion was seconded and unanimously passed. Mr. Ornstein introduced Mr. Rich Walton, newly appointed Planning and Zoning Director, and welcomed him to the City of Palm Beach Gardens. Public Hearin - Recommendation to the City Council re: Amending the 100.2 -acre "The Gardens" re ional shopping mall PUD. created f-1/15/84 via Resolution 62;-1984 and amended 5/15/86 via Resolution 21, 1986 providing for the sale service of beer and wine, for on-premise and off-premise consumption at "LeBistro Garden ", proposed to be a food court tenant Section L, located at the u th upper level of e mall in Space L221 of "The Gardens" shopping mall, 3101 PGA Boulevard, PBG, er the petition of Mr. Robert Courreges, President of Le Bistro Gardens, Inc. The petitioner was not present. Mr. Jeffrey Ornstein made a motion to recommend approval to the City Council for amending the 100.2 -acre "The Gardens" regional shopping mall PUD. (created 11/15/84 via Resolution 62, 1984, and amended 5/15/86 via Resolution 21, 1986) providing for Planning and Zoning Commission November 9, 1988 Page 6 the sale /service of beer and wine, for on- premise and off - premise consumption at "LeBistro Garden ", proposed to be a food court tenant (Section L, located at the upper level of the mall) in Space L221 of "The Gardens" shopping mall, 3101 PGA Boulevard, PBG, per the petition of Mr. Robert Courreges, President of Le Bistro Gardens, Inc., with the proviso that beer and wine be allowed on- premise within the food court only. The motion was seconded and unanimously carried. Public Hearin - Recommendation to Plaza" now commonly known as "The 44, 1987, providing for the manufa sum tion, at "JV's Cafe & Brewery" i.e., Suite H10 er application Brewery adv. 10 25 88 the City Council re: Amendin the "Gardens East Promenade" PUD created 6/18/87 via Resolution cture sale service of beer, for on- premise con- proposed to be located at 9929 Alternate A -1 -A of Mr. John Vislocky, President of JV's Cafe b Mr. John Vislocky, President of JV's Cafe, addressed the Commission stating the restaurant will manufacture and sell beer in conjunction with the sale of food. • Mr. Vislocky stated the brewery is visible to the customers, but no brewery odors will be detected. The site is located next to the theater. Mr. Ornstein questioned whether this use would be allowed within CG -1 zoning. Mr. Rich Walton advised that Mr. Jack Hanson, Building Official, has researched and found that it is permitted. Chairman Vogel opened the Public Hearing. Mr. Jim Harrison, Palm Beach Gardens resident, addressed the Commission stating he visited a similar establishment in New York and found it to be a very nice place. Mr. Ornstein asked why he decided to go to the brewery. Mr. Harrison stated he was on his way to a restaurant and had an hour to wait for his dinner reservation. Mr. Rosen moved to recommend approval to the City Council for amending the "Gardens East Plaza" (now commonly known as "The Promenade ") PUD created 6/18/87 via • Resolution 44, 1987, providing for the manufacture /sale /service of beer, for on- premise consumption, at "JV's Cafe & Brewery ", proposed to be located at 9929 • • Planning and Zoning Commission November 9, 1988 Page 7 Alternate A -1 -A (i.e., Suite H10), per application of Mr. John Vislocky, President of JV's Cafe & Brewery. The motion was seconded. During discussion, Mr. Ornstein stated he does not feel this is an appropriate use in the proposed location, or in Palm Beach Gardens. Mr. Ornstein stated Mr. Harrison answered the question as he anticipated, as he believes the only reason for customer patronage would be for the consumption of alcoholic beverages. Mr. Vislocky advised that his license requires 51% of his revenue be generated from the sale of food. Mr. Ornstein stated he is aware of that, but believes food is being offered in order to obtain a beer and wine license. The motion carried with a vote of 4 -1, with Mr. Ornstein voting against the petition. Workshop - Recommendation to City Council re: Amending 103.4 -acre "Garden Lakes" Commercial Multi- Family Residential PUD created 2/16/78 via Ordinance 18, 1977, providing for the construction of a buffer landscape and wall along their easterl and northerly property lines fronting on North Military Trail and the Interstate - off- ramUrban Design Studio Mr. Mick Hrivnak of Urban Design Studio, addressed the commission giving a brief history of the project. Mr. Hrivnak stated the Homeowners Association is now requesting a landscape buffer and wall to protect the residents from noise and to provide security. Chairman Vogel asked if this has been discussed with the people who will be directly affected. Mr. Hrivnak stated the Homeowners Association has agreed to petition the City for the proposed amendments. Mr. Hrivnak presented a landscape plan. Mr. Hamner expressed concern that the wall will be extremely close to some units, as shown in a Palm Beach Post photo, and stated he feels there should be some com- pensation for those residents. J• Mr. Hrivnak stated the wall will not be more than 15" above the patio fences and the wall cannot be moved any farther away from the units without encroaching on an • Planning and Zoning Commission November 9, 1988 Page 8 FP &L easement. Mr. Hrivnak advised there will be 416" between the closest unit and the wall. The Commission suggested the wall be no higher than the height of the residents' fence. Mr. Lioce suggested the petitioner contact the residents who have objected to the wall to attempt to alleviate their concerns. Public Hearing - Recommendation to City Council re: Rezoning, from Zoning Classification of M -1 Research and Light Industrial Park District to a Zoning Classification of PCD Planned Community District, 102.7 acres, more or less, located between Alternate A -1 -A and Interstate -95 and Burns Road & RCA Boulevard, 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. a ent for PBG Development Associates Public Hearing recessed from 7/26/88, 8 9 88 8/23/88, 9 27 88, & 10/25/88 Meetings) adv. 7/11/88 & 9/12/88) Attorney Larry Smith, authorized agent for the petitioner, addressed the Commission stating he will be addressing specific items previously discussed in order to • obtain a list of recommendations from the Commission to be passed on to the City Council. Attorney Smith submitted a chart indicating recommendations of the Commission and proposals by the petitioner, along with a list of Commission recommendations /concerns prepared by the Secretary, compiled from workshop meeting tapes. Attorney Smith also distributed a Site /Parcel F.A.R. sheet. A discussion ensued concerning retail uses, setbacks, square footages, percentage of commercial. It was the concensus of the Commission that a recommendation cannot be made to the City Council without being provided with specific uses on specific parcels, square footages of each specific use, traffic impact. The Commission expressed concern with too much commercial retail being proposed; the retail attracting traffic from Burns Rd.; lack of development criteria for each parcel; worksheets, justifying the proposed 2 million sq. ft., have not been submitted to the Commission, as requested at previous meetings; the proposed 15' setback for a 15 story building; lack of traffic information. Attorney Smith stated he feels the development criteria has been submitted. 0 Planning and Zoning Commission November 9, 1988 Page 9 Mr. Joe Pollock, Traffic Engineer with Kimley -Horn, addressed the Commission discussing the Sufficiency Review received from Treasure Coast. Mr. Pollock stated he will be attempting to eliminate some of the inconsistencies appearing in the report, and will be submitting additional /adjusted information to Treasure Coast. Mr. Rosen referenced the Sufficiency Review quoting "a severe tendency to underestimate traffic volumes ". Mr. Rosen stated comments such as these indicate major inconsistencies. Mr. Pollock stated additional information, for the purpose of clarification, will be submitted to Treasure Coast. Mr. Kahart Pinder with David Plummer Associates, addressed the Commission stating that many of the comments in the Sufficiency Report are due to technical details that need to be adjusted. Mr. Pinder stated the Planning Council has indicated • they do not agree with the methodology used; that 10,000 trips is not an acceptable number of vested trips, as the number is too low. Mr. Pinder stated with regard to the "severe" traffic estimates, the applicant has agreed to review the historic growth in the area and the projections and look at ways of hand adjusting, or increasing the growth rate, so that it is more acceptable. Mr. Pinder stated the applicant has agreed to provide the Council with the data used in determining traf- fic distribution, based on future population. Mr. Pinder advised that a number of improvements have been identified, to meet acceptable levels of service, and he feels discussion is needed to determine the right -of -way requirements for those improvements, how they can be obtained and how they can be implemented. Mr. Pinder stated that the report was prepared using 1987 traffic data. In September, 1987 -•88 data was available, which accounts for the inconsistencies in the base data. Mr. Pinder stated this information will be adjusted. Planning and Zoning Commission Page 10 November 9, 1988 Chairman Vogel suggested, and Attorney Smith agreed, to recess the Public Hearing to the next regular meeting. Attorney Smith requested recommendations from the Council. Mr. Ornstein recommended: 1. A maximum of 60,000 sq. ft. of commercial /retail on the entire 102 acres 2. A maximum of one of each of the permitted and /or conditional uses of any one type, with the exception of restaurants, which will have a maximum of 20,000 of the alloted 60,000 sq. ft. 3. Setbacks for 1 story buildings are fine. Other than that, 1' for every 2' in height - to the top of the roof line. 4. Height restrictions - unlimited 5. Project should be platted 6. Maximum lot coverage of 75 %, which decreases with 1K for floor in height • 7. Open space requirement of green space - 25% plus 1% for every floor of height 8. Perimeter road landscaping - Burns Rd. - 501, to be installed with the first building permit. RCA Blvd. - 151, to be installed with the first building permit. Alt. A -1 -A - 251, to be installed with the first building permit. Nick Lioce• 1. Setbacks: (pg. 1) If two lots are put together for the purpose of constructing one building, there should be a restriction that if they are not hooked together, the other setbacks would apply. 2. No parking garages should be allowed facing Alternate A -1 -A or Burns Road 3. Additional landscaping should be provided on Burns Road 4. Traffic & Road Improvements: 1 entrance only should be allowed on Burns Rd., perhaps a loop between 6 & 8. A 20', as opposed to a 10' dedication should be provided on Burns Road & RCA Blvd. 5. Information should be provided concerning providing right turn lanes on Burns • Rd. & Alt. A -1 -A, heading west onto A -1 -A. 6. Traffic concerns need to be addressed re: additional traffic on Burns Road along the Recreation area • 0 • Planning and Zoning Commission November 9, 1988 Mika RnCPn Page 11 1. The main entrance road from Parcel 12 should either be widened, an overpass or tunnel provided, or consideration should be given to not allowing right turns onto Burns Road. 2. The cost of improvements and fair share impact fees for those improvements should be provided Chairman Vogel declared the Public Hearing open and recessed the meeting to the next regular meeting on November 22, 1988, at 7:30 P.M. Workshop - Recommendation to City Council re: Amending "Gardens Medical Park" PUD, 3355 Burns Road, PBG, created 11/17/83 by Ord. 17, 1983, and amended 12/19/85 by Ord. 28, 1985, providing for: 1 Extension, by three years, of the permissible time for completion of the proj ect; and 2 expansion of the permissible usages of medi- cal and dental offices to include those outlined in the City's PO - Professional Office zoning classification Attorney Robert Banks, autho. agent for Dr. Zbigniew Scheller and Anna Maria Scheller, fee simple title owners of lands of final phase(s)) Attorney Robert Banks, of Gary, Dytrych & Ryan, representing the owners of Phase 2 and 3, addressed the Commission stating the project consists of three office buildings. Attorney Banks stated the PUD was created in 1983, and Phase 1, the existing building, was constructed. In 1985, an extension of time for the PUD was granted, which will expire in December. The owners are requesting the PUD be extended again. Attorney Banks stated Phases 2 and 3 will share an entrance and common parking with Phase 1. Mr. Lioce suggested research be done to determine if changes to the City Code have been made that would affect the PUD. Attorney Banks stated the request to expand the uses within the PUD to Professional Office was a marketing decision. Mr. Ornstein stated he does not feel expanding the uses would be justified. The Commission discussed traffic impacts relating to the Medical use, compared to Professional Office. • Planning and Zoning Commission Page 12 November 9, 1988 Workshop - Recommendation to City Council re: Rezoning 1311.51 acres, includ ing site commonly known as "J.D.M. Country Club ", located, in general, between PGA & Northlake Blvds. and N. Military Tr. & Turnpike, from - resent City zoning classifi- cations of RS -2 Residential Single Family District), RM Residential Multiple Family, Medium Density, District), PDA Planned Development Area , and Palm Beach County's zoning classification of AR (Agricultural District - Comearable to City's Zoning Des i nation of AUT to Cit 's zoning classification of PCD Planned Community District per petition of Hank Skokowski of Urban Design Studio and Attorney Raymond Royce, autho. agents for Hansen - Florida, Inc. Attorney Raymond Royce, authorized agent for the applicant, addressed the Commission stating the quality of the proposed project will set a standard for future develop- ment in the City. .Attorney Royce distributed background information on the develo- pers, Hansen - Florida, Inc. Mr. Hank Skokowski, of Urban Design Studio, addressed the Commission giving an over- 0 view presentation of the Master Plan for the project. Mr. Skokowski stated he has met with approximately 800 residents whose property abuts the proposed project. Mr. Skokowski stated the requested zoning is the same as was approved for PGA National and the Gardens Mall. Mr. Skokowski pointed out the locations of the three access points: PGA Blvd., Gardenia Dr., and Northlake Blvd. A cul -de -sac will be provided at Holly Dr. and Avenue of the PGA. All access points will be gatehouse controlled. All three golf courses will be retained. Mr. Skopkowski reviewed modi- fications proposed for the golf courses. 2,384 dwelling units are proposed. The project will consist of all private, residential uses, with the exception of the central amenities complex, consisting of expanded club house facilities, tennis & racquet club, fitness center, playground and pool complex. Densities proposed are: Low, 0 -4, Medium, 4 -8, High, 8 -12 units per acre, with overall density being 1.8. A 5 acre lake will be provided. Mr. Skokowski stated development will be phased over • a 10 -year period. All roads within the development will be privately owned and maintained. Mr. Skokowski advised that PGA Blvd. will need to be expanded to six lanes Planning and Zoning Commission November 9, 1988 • Page 13 by 1995 -96. Other improvements will be made in accordance with the phasing of the construction. Mr. Skokowski stated there were two areas of concern expressed by abutting residents, 1) perimeter conditions along the existing golf course, and 2) existing roadways. Mr. Skokowski presented plans for the perimeter consisting of a 5' chain link fence, landscaped on both sides, totally screening the fence. Mr. Skokowski stated this proposal would provide security for the JDM property but would not obstruct abutting residents' view of the golf course. Mr. Ornstein expressed concern with relocating the entrance on PGA Blvd. and with closing Holly Dr. Mr. Ornstein suggested providing entrances on Northlake and PGA Blvd. only, eliminating the Gardenia Dr. entrance. Chairman Vogel disagreed, • stating the site plan, as proposed, would lessen the impact on all the existing properties. Mr. Pollock, Traffic Engineer with Kimley -Horn, stated Palm Beach County has been consulted regarding the access to Northlake Blvd. and they are in agreement with aligning it with Haverhill. Mr. Pollock stated he has discussed the PGA Blvd. entrance with the DOT. Mr., Skokowski stated this project will be reviewed by an Architectural Review Board and that all of the Commission's questions re: lighting plan, landscaping, signage, timing for landscaping on Northlake Blvd., and the entrance onto Northlake Blvd. will be addresed at the Public Hearing. Mr. Ornstein stated he feels there must be a better solution to the perimeter treat- ment, as a 5' chain link fence is not secure. Mr. Ornstein expressed concern with landscaping maintenance. Mr. Skokowski stated the fence would be a substantial • deterrent to trespassers and that the landscaping would be properly maintained. is Planning and Zoning Commission November 9, 1988 Page 14 Mr. Lioce requested all information relating to this project be provided to the Commission at least a week prior to the Public Hearing. Mr. Lioce stated he has a conceptual problem with closing off and securing the subject area, since it is the existing site of the JDM community. Mr. Lioce stated he understands the property is owned by the applicant, however, the existing residents were sold their property, with the golf course use, and now it's going to be changed. Mr. Lioce stated he feels there may be a legal question, and if not legally, then morally. Mr. Lioce stated it is his understanding that there may be commercial parcels on PGA Blvd. as part of this project, and requested clarification. Mr. Skokowski stated the Hansen Company has options on a couple of pieces of land, however, no decision has been made at this point. Mr. Lioce asked if the parcels are acquired, would that necessitate applying for a DRI. Attorney Royce stated that although the Hansen • Company has an option on the properties, there is no ownership interest and there is no plan for development, and none is anticipated. Attorney Royce stated the project is well below the threshold for a DRI. Mr. Lioce requested Mr. Walton verify that the project does not require a DRI. Mr. Rosen stated he does not feel the 25' buffer zone is adequate on Parcel 25 and suggested Mr. Skokowski review. Mr. Rosen requested information regarding the construction of the new water systems and any adverse affect on the water levels of the existing canals. Mr. Rosen stated he lives on Holly Dr. and has no objection to the proposed cul -de -sac, however, does object to the project obstructing the view of the residents along seagrape and other streets to the north, and suggested the applicant review the situation. Mr. Ornstein asked if the existing residents bought their property with the idea • that they would be on the golf course as part of JDM. Attorney Royce stated he does not feel the residents living on the golf course have any legal rights, however, the is Planning and Zoning Commission November 9, 1988 Page 15 applicant is attempting to honor the residents' right to their view and at the same time provide a level of security to residents of the proposed project. Mr. Hank James, resident abutting the proposed project, addressed the Commission presenting a copy of a brochure used in marketing the existing JDM lots. Mr. James stated the brochure represented the lots as parts of a country club community and he objects to the developer proposing to take away the amenities which were used by Mr. MacArthur over the past 20 years to sell the residents their lots. Mr. James stated the developer now proposes to barricade the residents out of the JDM community. Chairman Vogel requested the City Attorney be contacted for a legal opinion on this issue, prior to the Public Hearing. Workshop - Recommendation to Citv Council re: Modification to the "conditional uses" in the CG -1 (General Commercial) Zoning District, providing for a "mechanized car • wash" within a .72 -acre Rarcel, 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 L. Keel, autho. agent for Donnini Enterprises, Inc. The petitioner was not present. The Commission did not discuss this petition. An ini1DMUCKIT There being no further business to discuss, the meeting was adjourned at 11:30 P.M. The next meeting of the Planning and Zoning November 22, 1988. • November 9, 1988 �talph D. McKee, Jr. 1660 Twelve Oaks Way #305 North Pale Beach, FL 33408 Planning and Zoning Commission City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Subject% The Gardens Suites Hotel Gentlemen! Mr. Fred C. Cohen the attorney for the above referenced project presented preliminary plans of the proposed hotel to the Twelve Oaks Board of Directors. As one of the directors present, 1 have formed some opinions and I have some requests that should be addressed prior to permitting the project. Please note, however, that this is not an official position paper of the Twelve Oaks Board, but my personal opinions and requests. Since the proposed stucco and block wall will be built on the property line the majority of my comments concern that subject. 1. Some provision must be made (temporary fence ?) to maintain the security of Twelve Oaks if our fence is breached as it surely must be. ,•2. Since the site work and other construction will by definition be dusty and noisy, I propose that the stucco wail be erected (and finished on the Twelve Oaks side] at the onset of construction and completed as quickly as possible }pact as a buffer from the construction. 3. Since the existing chain link fence on the property line will become superfluous with the addition of a block wall, and since it will certainly be damaged or destroyed during the construction of the wall, I propose that the developer remove and dispose of the existing chain link fence. Due care must be take to properly finish off the two ends where the old chain link meets the new block wall. 4. Also since the existing ficus hedge along the property line will certainly be damaged or destroyed, I further propose that the developer be required to remove the old hedge and replace it with a new ficus hedge immediately upon completion and painting of the new block wall. 5. Any damage to the sprinkler system or grass should be replaced or repaired. 6. The final height of the new block wall should be reviewed by our BOD prior to issuance of the final permit.. We do not want an unduly high wall, as now exists at The Towers, but we do not want the wall to be easily climbed up from either side. The grading of the site could greatly effect the wall height as seen from Twelve Oaks. 7. Parking lot lighting should be below the top of the wall so that we will be as unaffected as possible. Your consideration of these comments and request will be greatly appreciated. Sincerely, Ralph D. McKee. Jr.