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HomeMy WebLinkAboutMinutes P&Z 042688CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION • APRIL 26, 1988 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, Jeffrey Ornstein, Mike Rosen, Members; Robert Norris, Secondary Alternate Member. Nancy Jean Laurie was not in attendance. Workshop - Recommendation to City Council re: Modification to the conditional uses in the CG -1 General Commercial Zoning District, • providing for a "mechanized car wash" within a .233 -acre parcel located contiguous to the south of the "Gulf" service station on the southeast corner of Alternate A -1 -A and Lighthouse Drive at 9730 Alternate A -1 -A, per the petition of Mr. James T. Donnini, Exec. V. Pres. of Donnini Enterprises, Inc., contract purchasers Mr. James T. Donnini, Executive V. President of Donnini Enterprises, Inc. was not present. Public Hearing - Recommendation to City Council re: permitting, as a CG -1 (General Commercial) "conditional use ", retail sales of automobile parts and accessories and service bays at " Costco" discount department store proposed to be located on 11.144 acres located east of the FP & L building, south of "Wendy's" restaurant, per petition of Mr. Dennis Stevenson of James E. Neuhaus, Inc., autho. agent for Costco Wholesale Corp. (adv. 4/11/88 Mr. Dennis Stevenson of James E. Neuhaus, Inc., authorized agent for Costco Wholesale Corp., addressed the Commission presenting a Site Plan of the proposed project. Mr. Marty Mogk, Assistant Manager of Costco, West Palm Beach, addessed the • Commission stating tire sales represents approximately 6.5% of the entire warehouse volume. Mr. Mogk stated the tire center will mount, rotate and spin balance tires and install batteries. • Planning and Zoning Commission April 26, 1988 Page 2 Mr. Ornstein expressed concern re: shopping carts and delivery pallets within parking lot at the West Palm Beach location and does not want the same situation to exist in Palm Beach Gardens. Mr. Ornstein requested information re: roadway improvements. Mr. Ken Stapleton advised that a traffic analysis has been submitted to the City Engineer and the petitioner has committed to the same improvements required at the time of the original approval. Chairman Vogel declared the Public Hearing open. There being no comments from the public, the Hearing was closed. Mr. Ornstein stated he is not in favor of the subject petition but for the purpose of bring the matter to a vote, moved to recommend approval to the City Council to per- mit, as a CG -1 (General Commercial) "conditional use ", retail sales of automobile parts and accessories and service bays at " Costco" discount department store proposed to be located on 11.144 acres located east of the FP&L building, south of "Wendy's" restaurant, per petition of Mr. Dennis Stevenson of James E. Neuhaus, Inc., autho. agent for Costco Wholesale Corp. Mr. Hamner seconded the motion which failed with a vote of 3 -2 against the petition. Public Hearing - Recommendation to City Council re: Creation of a PUD on 7.58 acres, more or less, with land uses permitted being those as set forth in the CG -1 General Commercial District of the Palm Beach Gardens Code, proposed to consist of hotel, yacht club, raw bar and ancillary facilities, located, in general, fronting on the north side of PGA Boulevard, between Prosperity Farms Road and the Intracoastal Waterway, per the petition of Urban Design Studio, autho. agent for Soverel Harbour adv. 4/11/88) Mr. Henry Skokowski, authorized agent for the petitioner, addressed the Commission pointing out the location of the subject project. Mr. Skokowski stated the proposed • is a 275 -room suite hotel, yacht club facilities, raw bar and dockmaster's office. Mr. Skokowski advised a memo has been received from the City Engineer, commenting on four points. (1) The connection between the facility to the boat storage site, as it • Planning and Zoning Commission April 26, 1988 Page 3 relates to an exit, which allows for an exit only onto PGA Blvd. An access easement would be provided between the two sites. (2) The project will require a general per- mit from South Florida Water Management District. (3) Addressed minimum grade for parking lots and floor areas. (4) Addressed traffic impact on PGA Blvd. & Prosperity Farms Road and recommended a separate right turn lane on the east approach to PGA Blvd. & Prosperity Farms Rd. intersection. Mr. Skokowski submitted a bar graph indi- cating peak -hour, peak- season traffic generation, applied to various uses. Mr. Skokowski also submitted an excerpt from the parking analysis submitted to the City for review. Mr. Skokowski advised there will be three parking areas. (1) parking deck, at grade with one level above, with a total of 258 parking spaces (2) entry plaza area with 20 parking spaces; 4 short term spaces and 16 spaces for guests of 0 the raw bar (3) perimeter parking. Hotel guest parking in the parking deck area will be through key -card access; yacht club guests will be valet parked at the Marina. Mr. Bruce Brock, Architect with the Nichols Partnership, addressed the Commission discussing architural design and amenities. Ms. JoEllen Lisinger, Landscape Architect with Urban Design Studio, addressed the Commission presenting landscape plans. Ms. Lisinger stated landscaping will be used to compliment the hotel architecture and existing marina. Landscaping will also be used to buffer the parking garage on PGA Blvd. Mr. Skokowski presented graphics of hotel and architectural elevations. Mr. Joe Pollock, Traffic Consultant, addressed the Commission presenting traffic pro- jections through project buildout in 1990, including traffic associated with other approved projects. Mr. Pollock stated that even with the improvements proposed by • the County in their five -year program, an additional right turn lane for westbound Planning and Zoning Commission Page 4 April 26, 1988 traffic turning to the north onto Prosperity Farms Rd. would be necessary at that intersection. Mr. Pollock stated research has determined that eight accidents have occured at the median opening at the access point to the project from January 1987 through January 1988; five directly at the median opening, due to traffic being backed up in both westbound lanes through the access location. Mr. Pollock stated the situation will be remedied by re- striping the lanes, and three lanes will be pro- vided rather than two. Mr. Pollock further stated the County will be implementing a computerized signalization system which will enable the coordination of traffic signals at PGA Blvd. & Prosperity Farms Road with the drawbridge opening, thereby reducing the traffic backup. Mr. Pollock advised he has been in contact with the DOT and, at this time, there are no plans for signalization at the access point to the is project. However, this has not been ruled out. Mr. Ornstein stated the proposed is a beautiful project, but feels it is too big. Mr. Ornstein stated he feels a signal at the access point is needed and expressed concern re: no parking for the public promenade grounds; parking garage too close to PGA Blvd. Mr. Ornstein asked if the petitioner had considered providing parking under the building, creating a landscaped plaza leading from PGA Blvd. to the hotel. Mr. John Toshner expressed concern re: inadequate parking. Chairman Vogel declared the Public Hearing open. Attorney Raymond Royce addressed the Commission on behalf of his clients, Harbour Associates, owners of the shopping area immediately adjacent to the proposed pro- ject. Attorney Royce stated his clients have concerns that the project, as presently proposed, will have a negative impact upon the shopping center, as they feel the pro- ject is too intense for the project site. Attorney Royce stated the parking garage • is too close to PGA Blvd. and restricts the view of the project. Attorney Royce submitted the original sales contract, dated 1973, in which Soverel Marine Harbor, L Planning and Zoning Commission April 26, 1988 Page 5 Inc. conveyed property to Village Industries, Inc. Attorney Royce pointed out an addendum to this contract which states "Purchaser and its assigns shall have the benefit and use of the perimeter roads and in addition, Seller shall not obstruct Purchaser's view of the marina, turn basin and canal ... This Agreement shall be binding upon and inure to the benefit of the successors, assigns, heirs and personal representatives of the parties." Attorney Royce stated his client is a "successor" and the proposed project blocks the view to the yacht basin, canal and turn basin. Attorney Royce stated his clients are also concerned with inadequate project parking creating a parking problem for the shopping center and traffic problems due to common access. Attorney Royce urged the Commission to recommend denial to the City Council. Mr. Ed Oliver, Oliver & Glidden Architects, representing Frank Callander and • Riverhouse Restaurant, addressed the Commission stating his client's concerns inclu- de: intensity of the project; inadequacy of project parking; on -site traffic cir- culation. Mr. Oliver recommended an additional road be provided to create a second access point. Mr. Oliver encouraged the Commission to require a marketing study from the petitioner, demonstrating a need for 275 hotel rooms and suggested the parking structure be designed such that an extra level can be added, if needed at a later date. Mr. Carl Perhacs, Kidd Lane Resident, addressed the Commission expressing concern re: inadequate project parking necessitating parking on Kidd Lane; coordination of signa- lization at access point and the PGA Bridge. Mr. Robert Wood, Kidd Lane Resident, addressed the Commission expressing concern re: inadequate project parking; intensity of proposed project. Chairman Vogel closed the Public Hearing. • Mr. Ornstein suggested the Commission consider recommending to the City Council that Planning and Zoning Commission April 26, 1988 • Page 6 the parking ordinance be changed to prohibit valet parking counting toward required parking. Mr. Skokowski addressed the Commission discussing parking concerns and stated project guests will want to park in separate, secured, sheltered parking areas rather than in the retail shopping center next door. Mr. Skokowski stated he feels all the required parking has been provided. Mr. Joe Pollock addressed the Commission stating the traffic study includes current, as well as additional traffic generated by the Harbour Shoppes at total occupancy. Mr. Skokowski stated if further parking analysis is needed, the petitioner is willing to work with City staff to satisfy all requirements. Mr. Ornstein moved to recommend approval to the City Council for the creation of a • PUD on 7.58 acres, more or less, with land uses permitted being those as set forth in the CG -1 General Commercial District of the Palm Beach Gardens Code, proposed to con- sist of hotel, yacht club, raw bar and ancillary facilities, located, in general, fronting on the north side of PGA Boulevard, between Prosperity Farms Road and the Intracoastal Waterway, per the petition of Urban Design Studio, autho.'agent for Soverel Harbour. The motion was seconded. Mr. Ornstein stated his motion for appro- val was for the purpose of bringing the subject petition to a vote and that he is against the petition. Chairman Vogel stated that due to the complexity of the issue, the Commission would be polled. Mr. Ornstein voted against the project for the following reasons: Lack of a signal; intensity of the project; lack of parking; the use of valet parking for required parking; garage and entry too close to PGA Blvd. is Mr. Hamner stated he feels the proposed project would be an asset to the shopping center rather than a detriment, however, he is concerned with the intensity, location of the parking garage and voted against the project. • • • Planning and Zoning Commission April 26, 1988 Page 7 Mr. Toshner stated he is in agreement with Mr. Hamner and Mr. Ornstein and voted against the project. Mr. Rosen stated he feels the project is well- suited for the area but suggested the intensity be studied and the circulation against the demands for parking be questioned. He feels these comments will be passed on to the City Council and voted in favor of the project. Chairman Vogel complimented the petitioner on the quality of the presentation and project. Chairman Vogel expressed concern with the petitioner expecting the Riverhouse to have sanctity in the contract for ingress /egress, but not considering the sanctity of the contract with regard to obstructing the view. Chairman Vogel voted "Nay ". The motion failed with a vote of 4 -1 against the project. Workshop - Recommendation to City Council re: Petition of Maureen and Carl Lyew Fong to permit as a "conditional use" in the CG -1 General Commercial District, the retail sale of beer, for on- premise consumption at "The Red Dragon" located within shopping center on the northwest corner of Keating Drive & Northlake Boulevard at 4237 Northlake Blvd., PBG Ms. Maureen L. Fong addressed the Commission. Chairman Vogel asked if the peti- tioner would like to add "wine" to the requested petition. Ms. Fong stated she wanted to sell beer and wine, but felt it would be easier to obtain permission for beer only. Chairman Vogel stated it is probably not more difficult to obtain permission for both. Ms. Fong stated "The Red Dragon" will be a family- operated business, will be selling food also and will have no off - premise consumption. The Commission suggested Ms. Fong discuss with staff and /or legal counsel the possi- bility of including "wine" in the petition. • • • Planning and Zoning Commission April 26, 1988 Preapplication Review - Modification to 11.818 -acre "Golden Bear Plaza" Professional Office PUD created 3/16/84 by Ordinance 7, 1984, on the east side of U. S. Highway #1, immediately north of "Oakbrook Square" shopping center, providing for relocation of "Town & Country Animal Hospital" now located on .3719 -acre out-parcel onto existing 11.818 -acre site and deve- lopment of Executive Dining Club and additional ingress egress on .3719 -acre site, per petition of Mr. Kenneth A. Whitley of Golden Bear Accnriatcc Page 8 Mr. Bob Whitley of Golden Bear Plaza, addressed the Commission stating the original PUD was approved in March 1984 and was revised last October. Mr. Whitley stated the original PUD omitted the 108' x 150' parcel currently occupied by the Town & Country Animal Hospital, which is in the City of Palm Beach Gardens. The subject petition is requesting relocation of the animal hospital to the north end of the property and to create a more formal entrance to the project in it's place. Also requested is an amendment to the PUD to allow a dining club on the sixth floor of the third existing building. Usage would be restricted during the day to tenants within the building, eliminating parking problems. Mr. Whitley stated that in the evening the club would be either membership or some type of private dining facility. The petition also requests the addition of architectural lighting to the building and the Golden Bear logo on two faces of the building. Mr. Whitley presented a site plan, pointing out entrance location and parking areas. Mr. Whitley discussed improvements to the animal hospital and proposed landscaping. Public Hearing - Recommendation to City Council re: Annexation of 2.4206 acres, more or less, with a zoning classification and use of CG -1 General Commercial under the Palm Beach Gardens Code, located, in general, west of U.S. Highway One, north of PGA Blvd., immediate south of Kathy Lane, per the petition of John W. Gary, III, Elizabe D. Gary, Keith D. Greenside and M.E. Murphy Public Hearing duly recessed from regularly - scheduled meeting of 4/12/88) (adv. 3/28/88 • Planning and Zoning Commission April 26, 1988 Page 9 Attorney Larry Smith, authorized agent for the petitioner, addressed the Commission presenting an aerial and pointing out the location of the subject parcel. Attorney Smith stated the parcel is located in the County and is Commercial in nature. The southernmost portion of the property is zoned Commercial in the County with the balance being subject to the County's 50% rule, i.e., if over half the parcel is Commercial, the entire parcel is Commercial. Attorney Smith referenced a memo from the City Manager expressing concern with an overlap situation with Juno Beach and stated he will be discussing this matter with Mr. Orr. Attorney Smith discussed correspondence received from the County objecting to the proposed annexation. • Mr. Ornstein stated that although he has no objection to the subject parcel being annexed into the City, he would not be in favor of the petition without first seeing plans for a PUD on the property. Mr. Toshner requested information re: municipal boundaries and depth of the property and suggested the petitioner make this information available to the City Council. Chairman Vogel re- opened the Public Hearing recessed from the regularly- scheduled• meeting of 4/12/88. Mr. John Martin, representing Kathy Lane Homeowner's Association addressed the Commission stating he is in favor of the proposed annexation but is concerned with fire protection to the subject parcel and surrounding areas. Chairman Vogel closed the Public Hearing. Mr. Hamner moved to recommend approval to the City Council for the annexation of 2.4206 acres, more or less, with a zoning classification and use of CG -1 General • Commercial under the Palm Beach Gardens Code, located in general, west of U.S. Highway One, north of PGA Blvd., immediately south of Kathy Lane, per the petition of Planning and Zoning Commission April 26, 1988 • John W. Gary, III, Elizabeth D. Gary, Keith D. Greenside and M.E. Murphy. Page 10 Chairman Vogel passed the gavel and seconded the motion. Chairman Vogel retrieved the gavel. Mr. Ornstein stated he is opposed to the subject annexation as there was no site development plan included with the petition. Mr. Toshner stated he is in favor of the proposed annexation, however, could not vote in favor of it because development plans were not included in the petition. The motion failed with a vote of 3 -2 against the petition. Public Hearing - Recommendation to Cit Council re: Modification to the City's Comprehensive Land Use Plan Map adopted 11 21 85 by Ordinance 22, 1985, providing for a change in the delineation of the City's boundaries by a 2.4206 -acre expansion within Section 4, • Township 42 South, Range 43 East, west of U.S. Highway One, north of PGA Boulevard, immediately south of Kathy Lane; and simultaneously providing for "Commercial" land use designation, per the petition of John W. Gary, III, Elizabeth D. Gary, Keith D. Greenside and M. E. Murphy Public Hearing duly recessed from regularly - scheduled meetin of 4/12/88) (adv. 3/28/881 Chairman Vogel re- opened the Public Hearing recessed from the regularly - scheduled meeting of 4/12/88. Mr. John Martin,'representing Kathy Lane Homeowner's Association, addressed the Commission stating there is a question of the water usage addressed in an existing Special Warranty Deed. A Kathy Lane resident addressed the Commission expressing concern re: City fire pro- tection to the subject annexation area. Chairman Vogel closed the Public Hearing. Mr. Hamner moved to recommend approval to the City Council for the modifica- • tion to the City's Comprehensive Land Use Plan /Map adopted 11/21/85 by Ordinance 22, 1985, providing for change in the delineation of the City's boundaries by a Planning and Zoning Commission April 26, 1988 Page 11 2.4206 -acre expansion with Section 4, Township 42 South, Range 43 East, west of U.S. Highway One, north of PGA Boulevard, immediately south of Kathy Lane; and simulta- neously providing for "Commercial" land use designation, per the petition of John W. Gary, III, Elizabeth D. Gary, Keith D. Greenside and M.E. Murphy. Mr. Ornstein seconded the motion. Attorney Smith requested the Chairman poll the Commission. Mr. Hamner voted "yes ". Mr. Toshner voted "Nay ". Mr. Ornstein voted "Nay ". Mr. Rosen voted "Nay ". Chairman Vogel voted "Yes ". • The motion, failed with a vote of 3 -2 against the petition. Public Hearing - Recommendation to City Council re: Annexation of 5.28 acres, more or less, with a zoning classification and use of CG -1 General Commercial District of the Palm Beach Gardens Code on property located, in general, on the west side of U.S. Highway One, directly across from Oakbrook Square shopping center, per the petition of At orney Lawrence Smith, autho. agent for Adams Investment Company Inc. Public Hearin duly recessed from regularly-scheduled meeting of 4/12/88) (adv. 3128/881 Attorney Larry Smith, authorized agent for the petitioner, addressed the Commission stating under the County's regulation, since a portion of the parcel carries Commercial potential, the entire parcel carries Commercial potential on the Comprehensive Plan, and as such, the owner would be eligible to apply for a Commercial designation on the entire property. Mr. Toshner expressed concern re: Commercial zoning extending into the predominantly residential area. • Chairman Vogel re- opened the Public Hearing recessed from the regularly - scheduled meeting of 4/12/88. Planning and Zoning Commission Page 12 April 26, 1988 • Mr. John Martin, representing Kathy Lane Homeowner's Association, addressed the Commission, stating he has the same concerns as expressed for the proposed annexation of 2.4206 acre parcel considered earlier by the Commission. Chairman Vogel closed the Public Hearing. Mr. Hamner expresed concern re: what type of protection will the single- family resi- dents have since development plans have not been presented. Mr. Ornstein, stated he is not in favor of the proposed petition, however, to bring the matter to a vote, moved to recommend approval to the City Council for the annexa- tion of 5.28 acres, more or less, with a zoning classification and use of CG -1 General Commercial District of the Palm Beach Gardens Code on property located, in general, on the west side of U.S. Highway One, directly across from Oakbrook Square • shopping center, per the petition of Attorney Lawrence Smith, autho. agent for Adams Investment Company Inc. Mr. Hamner seconded the motion. The motion failed with a vote of 3 -2 against the petition. Workshop - Recommendation to City Council re: Modification to the conditional uses in the CG -1 General Commercial Zoning District, providing for a "mechanized car wash" within a .233 -acre parcel located contiguous to the south of the "Gulf" service station on the southeast corner of Alternate A -1 -A and Lighthouse Drive at 9730 Alternate A -1 -A, per the petition of Mr. James T. Donnini, Exec. V. Pres. of Donnini Enterprises, Inc., contract purchasers Mr. Jim Donnini, Executive Vice President of Donnini Enterprises, Inc., addressed the Commission stating the petitioner is requesting an attended mechanized car wash, with hours of operation from 8:00 A.M. to 6:00 P.M. The car wash would be closed on Sundays. Mr. Donnini submitted a site plan and stated there will be a buffer between • the project and Southeast Bank. Mr. Donnini stated elevations, landscaping and more detailed site plan will be presented at the Public Hearing. • >1 • Planning and Zoning Commission April 26, 1988 amniiaNMFUT Page 13 There being no further business to discuss, the meeting was adjourned at 10:45 P.M. The next meeting of the Planning and Zoning Commission will be held on Tuesday, May 10, 1988. APPROVALS CHAIRKAN ..VO EL KE ROSEN JEAN LONG, r y NANCY JEAN LAURIE, ALTERNATE !' ROBERT NORRIS, ALTERNATE