HomeMy WebLinkAboutMinutes P&Z 102588CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
OCTOBER 25, 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 Vice Chairman Toshner 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: John Toshner, Vice
Chairman; Robert Hamner, Mike Rosen, Jeffrey Ornstein, Members; Domenick Lioce,
Alternate Member. Chairman Donald Vogel was not in attendance.
APPROVAL OF MINUTES
• The minutes of October 11, 1988 were approved as submitted.
Workshop - 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 reek" lying south of
Donald Ross Road, per the petition of Haft - Gaines Associates on behalf of 100° of
the property owners
Mr. John Orr, City Manager, representing Haft - Gaines Associates on behalf of the
City, addressed the Commission stating 100% of the property owners have agreed to
annex the south half of Frenchman's creek, including the marina, into the City. Mr.
Orr stated with 100% participation, the annexation can be accomplished by ordinance
rather than by referendum. This annexation will not include the north portion of
Frenchman's Creek, but will only include up to Donald Ross Road.
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, Ran a 43 East, per the petition of Attorney Larry Smith, autho. agent for PBG
Development Associates Public HearinQ recessed from 7/26/88, 8/9/88, 8 23 88,
8/27/88 Meetinas adv. 7/11/88 and 9/12/88) AKA NORTHCORP
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Planning and Zoning Commission Page 2
October 25, 1988
Mr. Domenick Lioce stated he has a conflict with this project and, therfore, will
be unable to vote.
Attorney Smith, representing PBG Development Associates, addressed the Commission
stating he will address all concerns expressed by the Commission at the last
meeting. Attorney Smith stated Mr. Kahart Pinder, Traffic Engineer with David
Plummer Associates, will not be attending this meeting, therefore, he would be
agreeable to workshopping the concerns expressed at the last meeting and possibly
recessing the Public Hearing to the next meeting. Attorney Smith stated the first
sufficiency comments are expected from Treasure Coast on Friday. Attorney Smith
stated the Covenants and Restrictions have been amended.
Vice Chairman Toshner declared the Public Hearing open. Mr. Ornstein moved to
• recess the Public Hearing to the next meeting of November 9, 1988 at 7:30 P.M. Mr.
Hamner seconded the motion which was unanimously carried.
Vice Mayor Martino suggested, and the Commission agreed, to allow the Public
Hearing items on the agenda to be heard prior to workshopping this project.
Public Hearin - Recommendation to City Council re: Modification to "conditional
uses" in the G -1 General Commercial Zoning District, providing for "The Comedy
House" as a "theater" within "The Harbour Sho es" at 2401 PGA Boulevard, per the
petition of Ms. Lynn Peterson, President of Galyn, Inc. adv. 10/10/88)
Ms. Lynn Peterson addressed the Commission stating a parking impact study, prepared
by Barton- Aschman Associates, was submitted for Commission review. Mr. Ornstein
asked if a determination has been made as to whether the Comedy House is being
treated as a theater or a night club. The secretary stated the City Attorney has
submitted his opinion that the premises is a theater.
Mr. Ornstein expressed concern that adequate parking cannot be provided. Ms.
• Peterson stated according to the traffic analysis, parking will be sufficient. Ms.
Peterson advised that Mr. Walter Wolfe, of Lincoln Properties, has asked that she
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Planning and Zoning Commission
October 25, 1988
Page 3
assure the Commission every effort will be made to relieve the parking problem.
Vice Mayor Martino stated the City Council determined the Comedy House is
a theater and that he has reviewed the parking study and feels the study makes a
good case for the petitioner's request. Vice Mayor Martino stated there is still
some concern with regard to future businesses and would like to see a statement from
the owner assuring this will be the last use of this type the City will have to
consider.
Ms. Peterson advised that all of the other tenants have been notified of this peti-
tion and all comments have been favorable.
Mr. Lioce stated, in his opinion, after reviewing the Florida Statutes, the Comedy
House is more like a night club.
Ms. Peterson stated the facility will be closed by 12:00 midnight and patrons will
leave the premises immediately following each show.
Vice Chairman Toshner advised Ms. Peterson that the Traffic Engineer from
Barton- Aschman Associates should attend the Council meeting to answer any questions
the City Council may have.
Mr. Ornstein stated the assumptions used in the traffic analysis are not referenced
in the City Code.
Vice Chairman Toshner stated the traffic study indicates parking is insufficient,
even at 85% occupancy.
Vice Chairman Toshner declared the Public Hearing open. The City Manager stated
although the City Code does not address shared parking, the City recognizes that it
does exist. Mr. Ornstein stated that if the project is approved, additional
restaurants cannot be approved for this location.
Vice Chairman Toshner closed the Public Hearing.
Mr. Lioce moved to recommend approval to the City Council for modification to
"conditional uses" in the CG -1 (General Commercial) Zoning District, providing for
Planning and Zoning Commission
October 25, 1988
Page 4
"The Comedy House" as a "theater" within "The Harbour Shoppes" at 2401 PGA
Boulevard, per the petition of Ms. Lynn Peterson, President of Galyn, Inc., with the
following conditions:
(1) verification must be received from City staff that the parking computed, based on
the code, is permitted;
(2) the use be restricted to 7:00 P.M. to 12:00 Midnight;
(3) additional restaurants will not be allowed;
(4) the use will be restricted to a theater
The motion was seconded and unanimously carried.
Public Hearing - Recommendation to City Council re: Amending the 100.2 -acre "The
Gardens" regional shopping mall PUD created it 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 "Tacos Amigos" proposed to be a
food court tenant Section L, located at the upper level of the mall in Space #L205
of "The Gardens" shopping mall, 3101 PGA Boulevard, PBG, per the petition of Mr.
Richard N. Wetmore) iadv. 10/10/88)
The petitioner for this issue was not present.
Mr. Ornstein expressed concern with the request including off - premise consumption.
Vice Chairman Toshner declared the Public Hearing open. There being no comments
from the public, the Hearing was closed. Mr. Ornstein moved to recommend approval
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) pro-
viding for the sale /service of beer and wine, for on- premise and off - premise con-
sumption at "Tacos Amigos ", proposed to be a food court tenant (Section L, located
at the upper level of the mall) in Space #L205 of "The Gardens" shopping mall, 3101
PGA Boulevard, PBG, per the petition of Mr. Richard N. Wetmore), with the condition
that beer and wine be allowed on- premise and within the food court only. Mr.
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r Hamner seconded the motion which passed unanimously.
Planning and Zoning Commission Page 5
October 25, 1988
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Workshop - 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. agent for PBG Development
Associates Public Hearin recessed from 7/26/88, 8 9 88, 8/23/88, 27 88 Meetings)
adv. 7/11/88 and 9 12 88 A K A NORTHCORP
Attorney Larry Smith, authorized agent for the petitioner, addressed the Commission
introducing Mr. Peter McDonough of Team Plan. Mr. McDonough presented a map indi-
cating the application of commercial usage to each parcel. Mr. McDonough pointed
out that Parcels 12 and 2 have been allotted 10,000 sq. ft. per acre of commercial.
Parcels 8, 9 and all other parcels will be allowed 10% maximum of any square
• footage approved, and will adhere to the land use program which shows commercial at
2 -25%.
Mr. Ornstein stated the petitioner is requesting the ability to have up to one -half
million sq. ft. of commercial space and feels this is extremely excessive. Mr.
Rosen stated the Commission wants to know how Team Plan determined the figures to
justify 2 million sq. ft. Mr. McDonough stated the 2 million sq. ft. is based on
the existing zoning which would allow approximately 2.6 million sq. ft.
The Commission expressed concern re: the 5% limit on commercial, discussed at the
last meeting, has been increased. Mr. Rosen stated worksheets for each parcel were
to be submitted at this meeting. Attorney Smith advised that the Commission was
provided with a sheet giving a description of how the
Attorney Smith stated the 2 million sq. ft. is still
justified.
Mr. Ornstein objected to the 15' setback proposed for
Parcel 2 and recommended a setback of 1' for every 2'
75' setback for this building. The Commisison agreed
various F.A.R.'s were derived.
)roposed and feels it can be
the 15 story building on
in height, which would create a
a 15' setback would not be
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Planning and Zoning Commission
October 25, 1988
Page 6
sufficient. Attorney Smith stated the heaviest development will exist on Parcels
2, 4 and 12. Any increase in sq. footage on these parcels was deducted from other
parcels in order to maintain the 2 million sq. ft.
Attorney Smith stated he realizes the Commission does not want retail on Burns Road
that would attract off -site traffic, and to avoid that, is proposing to provide a
landscape buffer and a limited access easement, however, to trap the traffic on the
property, some of the retail should be on Parcels 8, 9 and 12. Attorney Smith
stated it is not the intent to attract traffic from off -site.
Mr. McDonough stated that on the perimeter of Parcels 8 & 9, approximately 13,000
sq. ft. of retail is being proposed, reduced from 60,000 sq. ft. presented at the
last meeting, which equates to 10% retail. Mr. McDonough stated no more than 10,000
sq. ft. of Commercial will be allowed on Parcels 2 and 12, and on the balance of the
parcels, no more than 10% of the sq. footages.
Mr. Rosen stated he feels there should be no retail on Parcels 8 & 9, as it would
negatively impact on the recreation areas on Burns Rd.
Mr. Ornstein recommended establishinhg a set of development standards for
landscaping, setbacks, open space, parking ratios, with guidelines for maximum uti-
lization for industrial, office, and commercial. Attorney Smith stated he feels he
has presented that information, and if the Commission wants comments /conditions
placed on the request, a specific list should be put together for review by Treasure
Coast.
Mr. McDonough reviewed the F.A.R. sheet with the Commission.
The Commission discussed the proposed 90% lot coverage and agreed that 90% is
excessive. Mr. Ornstein stated he feels comfortable with 75 %.
Vice Mayor Martino stated there are guildelines in the PCD Code that should be
followed and requested the petitioner and the Commission review.
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Planning and Zoning Commission
October 25, 1988
Page 7
Landscaping was discussed. Mr. Ornstein recommended a minimum of 50' landscape
buffer on Burns Rd. Mr. Rosen stated the Commission previously requested a buffer
be provided on Burns Road & Alternate A -1 -A that is wider and higher than the 15'
flat buffer proposed. The Commission agreed that a 15' buffer is not sufficient.
Mr. McDonough stated he feels the 15' buffer is appropriate and would have a problem
with drainage if the buffer were increased to 251. Attorney Smith stated it has
been determined that the ditch on Burns Road is within the project property line and
it is now used to drain Burns Rd.
Mr. Ornstein stated he would have a problem with parking garages being visible from
Burns Road & Alternate A -1 -A and recommended a different set of landscape criteria
be developed if the garages are going to be on the outside.
Mr. Rosen stated he would recommend no retail on Parcels 8 & 9, or on the periphery
of Parcel 4, and suggested the retail and commercial on Parcels 6 & 7 be at the south
end.
The Commission reviewed the list of retail uses and established which uses would be
considered conditional, requiring specific approval.
The Commission recommended and the petitioner agreed to the following:
Food & drug sales
Restaurants
TV studio
Time sharing
Bew "g--arl-i-ey
Art gallery
Medical & dental
Retail sale of beer & wine
Service Station
M i-n-i-a-t-u-re—g O+f
Day care
Bar /liquor store
Wholesale /jobber distrib.
Laundry
Car wash
Self- storage
Fraternal organizations
Hotel
establish size limitation
establish size limitation
conditional use for towers
conditional use
e-14mi *&led
conditional use
must have adequate parking
conditional use
conditional use
e- 4 m44a
conditional use
conditional use
N/A - Industrial Use
change to laundromat - conditional use
conditional use
eliminate
conditional use
one hotel - 100 room limitation
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October 25, 1988
Mr. McDonough submitted elevations for Alternate A -1 -A and the railroad tracks.
Mr. Bills stated the 10' buffer along Alternate A -1 -A will be provided when the par-
cels are developed and agreed that the buffer on Burns Road will be provided first.
Mr. John Bills, General Partner, PBG Development Associates, stated he needs to talk
with the City Manager regarding the status of the ditch on Burns Rd.
A discussion ensued regarding landscape buffers along the major collector roads
within the project. Mr. McDonough stated there will be 10' on each side of the
road, outside of the right -of -way.
Vice Mayor Martino suggested eliminating the road between parcels 8 & 9. The peti-
tioner agreed to review.
Mr. Joe Pollock, Traffic Engineer with Kimley -Horn, addressed the Commission distri-
• buting a trip generation comparison. Mr. Pollock stated the 2.6 million sq. ft.
under any of the three land use scenarios submitted, will generate equal or greater
traffic than the 2 million proposed. This comparison is based on the existing land
uses.
Mr. Wendel Born, of Me1Web Co., addressed the Commission presenting plans
for project signage. Mr. Ornstein expressed concern with the "Grand Opening" sign
having the capability of displaying a moving or traveling message.
Mr. Rosen requested a site plan be submitted showing number and location of signs.
Attorney Smith stated this will be presented at the next meeting.
Attorney Smith agreed to incorporate or respond to the recommendations /comments made
by the Commission.
(Vice Chairman Toshner excused himself from the proceedings and passed the gavel to
Mr. Robert Hamner)
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Planning and Zoning Commission Page 9
October 25, 1988
Preapplication Review - Recommendation to City Council re: PUD, with land uses per-
mitted being those as set forth in the CG -1 General Commercial District of the Palm
Beach Gardens Code, proposed to consist of existing 1600 s . ft. bank it Federal
and 91 -room limited- service "The Gardens Suites Hotel ", and be located on 1.85 -acre
parcel on the east side of U.S. Highway W1, 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.
Attorney Greg Cohen, authorized agent for the petitioner, addressed the Commission
stating the proposed is a quality hotel, with the property being developed
together with the existing City Federal building on the site. The requested PUD
consists of approximately 36,000 sq. ft. of building area. The project will be
designed to tie in with the architectural style of the Oakbrook Corporate Center on
the East side of U.S. Hwy. 1. Mr. Cohen stated the hotel is basically for busi-
• nessmen and will not have a restaurant. Mr. Cohen stated the existing bank will
remain on the property for at least one year, and under the arrangement of acquisi-
ton, can remain for possibly one additional year. Mr. Don Hearing, with GBS &H
Architects, addressed the Commission discussing the site plan, architectural style,
elevations and circulation. Mr. Hearing stated 106 parking spaces will be provided.
The Commission suggested Mr. Hearing consider reducing the 10' parking spaces to 16'
of pavement, with a 2' overhang, for a total of 181.
Mr. Ornstein requested the petitioner consider closing the north curb cut, or making
it an exit only. Mr. Hearing agreed to consider the exit only.
Mr. Hearing advised a six foot wall is proposed along the rear of the property to
buffer the Twelve Oaks subdivision.
Mr. Rosen expressed concern with the petitioner attempting to tie -in with the archi-
tectural style of the Oakbrook Corporate Center, when the style of the HCF Building
is next door is contemporary. Mr. Ornstein stated he feels the roof line on the south
elevation needs something to break it up, diminishing the long look. Mr. Hearing
agreed to review the roof line.
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Planning and Zoning Commission
October 25, 1988
Mr. Hearing presented landscape plans.
Page 10
The Commission expressed concern with plans for the site after the two year period
allowed for the bank has expired. Mr. Cohen stated no plans are available for the
bank site at this time, and realizes the petitioner would have to apply to the City
for any change in the approved PUD. The Cmnission pointed out that providing a
restaurant or expanding the hotel to the bank site would create parking problems.
Vice Mayor Martino stated the concerns of the Commission reflect the concerns that
will be expressed by the City Council and suggested providing a preliminary idea of
what the intent is for the bank site.
Mr. Cohen stated he will be meeting with the Twelve Oaks homeowners to address their
concerns with the proposed project.
Vice Mayor Martino suggested considering an alternate site for the dumpster, since
the proposed location is the closest point to the residents to the rear.
Mr. Hearing stated signage will be placed in the center of two fountain jets in
front of the hotel.
Vice Mayor Martino stated there is a new ordinance being considered by the City
Council regarding Art in Public Places and asked the petitioner to consider encom-
passing an art form into the water feature.
Mr. Hearing stated a traffic study has been submitted, prepared by Kimley -Horn, which
indicates the project will generate 661 additional trips per day, requiring no addi-
tional roadway improvements.
Mr. Hearing stated shoebox fixture lighting will be provided, directed away from the
residential area. Vice Mayor Martino suggested the lighting be no higher than the
• wall and discussed attaching the lighting to the wall, similar to the lighting
approved for the Prosperity Center.
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Planning and Zoning Commission
October 25, 1988
ADJOURNMENT
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There being no further business to discuss, the meeting was adjourned at 11:25 P.M.
The next meeting of the Planning and Zoning Commission will be held on Wednesday,
November 9, 1988.
JEAN LONG, cre y