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HomeMy WebLinkAboutMinutes P&Z 052488CITY OF PALM BEACH GARDENS • PLANNING AND ZONING COMMISSION MAY 24, 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; Jeffrey Ornstein, Mike Rosen, Robert Hamner, Members; Nancy Jean Laurie, Primary Alternate Member. Robert Norris was not in attendance. Chairman Vogel advised those present in the audience of the petitioner's request to • recess the Public Hearings for the first three items on the Agenda to June 14, 1988. APPROVAL OF MINUTES The minutes of May 10, 1988 were approved as submitted. APPOINTMENT OF CHAIRMAN AND VICE CHAIRMAN Mr. Hamner moved to nominate Donald Vogel as Chairman of the Planning and Zoning Commission. Mr. Toshner seconded the motion, which was unanimoualy carried. Mr. Rosen moved to nominate John Toshner as Vice Chairman of the Planning and Zoning Commission. Mr. Hamner seconded the motion, which was unanimously carried. P. Hring - Recommendation to City 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 5.28 -acre expansion within Section 4, Township 42 South, Range 43 East, on the west side of U.S. Highway One, directly across from "Oakbrook Square" shopping center, and simultaneously providing for "commercial" land use • designation, per the petition of Attorney Lawrence Smith, autho. agent for Adams Investment Company. Inc. adv. 5/9/88) (To be considered for recessing until regularly-scheduled meeting of 6/14/88) Planning and Zoning Commission 10 May 24, 1988 • Page 2 Chairman Vogel declared the Public Hearing open and recessed the Hearing to the regularly - scheduled meeting of June 14, 1988 at 7:30 P.M., per the petitioner's request. P. Hring - Recommendation to City Council re: Modification to the City's Comprehensive Land Use Plan Map adopted 11 21 85 by Ordinance 22, 1985, providing for "Planned Community District" land use designation on a 102.7 acres, more or less, located between Alternate A -1 -A and Interstate -95, north of Burns Road, 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 nevetnnment Assnciates adv. MUM (Public Hearina re- advertised re- Chairman Vogel stated the subject modification will be re- advertised and re- scheduled to the meeting of June 14, 1988, at 7:30 P.M. P. Hrin - Recommendation to City 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 boudaries by a .8493 -acre, more or less, expansion within Section 5- 42 -43, immediately south of Floral Lane, east of Prosperity Farms Road; and simultaneously providing for "commercial" land use designation, per the petition of Attorney Larry Smith, autho. agent for Douglas D. & Mary Shupe Public Hearing to be considered for recessing until regularly-scheduled meeting of June 14, 1988, per request of petitioner ) fadv. 5/9/88) Chairman Vogel declared the Public Hearing open and recessed the hearing to June 14, 1988 at 7:30 P.M., per the petitioner's request. P. Hrin - Recommendation to City Council re: Annexation of 2,254.88 acres, more or less, within Section 34- 41 -42, Section 3- 42 -42, Section 4- 42 -42, Section 5 -42 -42 and Section 33- 41 -42; and located, in general, between PGA Boulevard & north of Hood Road and the C -18 Canal & the Florida Turnpike, per the petition of Foundation Land Company • Mr. Rick Warner, Senior Planner with Foundation Land Company, addressed the Commission stating the subject area was part of an annexation referendum election held earlier this year and is now being brought in as a "voluntary" annexation. Mr. Planning and Zoning Commission May 24, 1988 • Page 3 Warner presented a map of the proposed annexation area and stated all the land involved is undeveloped. Chairman Vogel opened the Public Hearing. A Westwood Gardens resident addressed the Commission requesting clarification of proposed annexation boundaries. Rose Garrett, Prosperity Farms Road resident, addressed the Commission expressing concern re: future rezoning and development of the proposed annexation area. There being no further comments from the public, Chairman Vogel closed the Public Hearing. Mr. Ornstein moved to recommend approval to the City Council for the annexation of 2,254.88 acres, more or less, within Section 34- 41 -42, Section 3- 42 -42, Section is 4- 42 -42, Section 5 -42 -42 and Section 33- 41 -42; and located, in general, between PGA Boulevard & north of Hood Road and the C -18 Canal & the Florida Turnpike, per the petition of Foundation Land Company. Ms. Laurie seconded the motion which unani- mously passed. P. Hring - Recommendation to City Council re: Annexation of 1,392.22 acres, more or less, within Section 35- 41 -42, Section 36 -41 -42 and Section 2- 42 -42; and located, in general, between PGA Boulevard & Hood Road & Alternate A -1 -A & the Florida Turnpike, per the petition of Foundation Land Company adv. 5/9/88) Mr. Rick Warner, Senior Planner with Foundation Land Company, addressed the Commission, pointing out the location of the subject parcel. Mr. Warner stated the property is undeveloped, zoned Agricultural - Residential in the County, and has well fields located on the western portion. • Chairman Vogel declared the Public Hearing open. Mr. Vito DeFrancisco, Palm Beach Gardens resident, addressed the Commission stating Planning and Zoning Commission May 24, 1988 Page 4 he does not understand why the subject petition is being brought before the Planning and Zoning Commission rather than the City Council. Chairman Vogel outlined the Commission's role in the approval process. There being no further comments from the public, Chairman Vogel closed the Public Hearing. Mr. Ornstein moved to recommend approval to the City Council for the annexation of 1,392.22 acres, more or less, within Section 35- 41 -42, Section 36 -41 -42 and Section 2- 42 -42; and located, in general, between PGA Boulevard & Hood Road & Alternate A -1 -A & the Florida Turnpike, per the petition of Foundation Land Company. Mr. Toshner seconded the motion which passed unanimously. ADP. Hring - Recommendation to City Council re: Annexation of 755.97 acres, more or less, within Section 25 -41 -42 and Section 36- 41 -42; and located, in general, between Hood Road & Donald Ross Road and Interstate -95 and Alternate A -1 -A, per the petition of Foundation Land Company Tom.I ., o0 Mr. Rick Warner, Senior Planner with Foundation Land Company, addressed the Commission pointing out the location of the subject property. Mr. Warner stated the property is undeveloped. Chairman Vogel declared the Public Hearing open. There being no comments from the public, the Hearing was closed. Mr. Rosen moved to recommend approval to the City Council for the annexation of 755.97 acres, more or less, within Section 25 -41 -42 and Section 36- 41 -42; and located, in general, between Hood Road & Donald Ross Road and Interstate -95 and Alternate A -1 -A, per the petition of Foundation Land Company. Ms. Laurie seconded toand the motion was unanimously carried. Planning and Zoning Commission May 24, 1988 P. Hring - Recommendation to City Council re: Annexation of 596.14 acres, more or less, within Section 31 -41 -43 and Section 32- 41 -43; and located, in general, between the unincorporated subdivisions commonly known as "Cabana Colony" & "Frenchman's Creek" and Alternate A -1 -A & Prosperity Farms Road, per the petition of Foundation Land Company adv. 5/9/88 Page 5 Mr. Rick Warner, Senior Planner with Foundation Land Company, addressed the Commission pointing out the location of the subject annexation area. Chairman Vogel opened the Public Hearing. Several Cabana Colony residents and Mrs. Rose Garrett, representing Northeast County Homeowner's Association, addressed the Commission objecting,to the proposed annexa- tion. Primary concerns included: the proposed annexation creating an enclave; creating problems with receiving County services; future sale /development of the subject property; Palm Beach Gardens becoming too large to provide services; • increased possibility of annexation by Palm Beach Gardens. Mr. John Orr, City Manager, advised residents that Cabana Colony is included in the City's future expansion area, however, the residents would have to petition the City for annexation. Mr. Arnold Kalb, 2046 Prosperity Farms Rd., addressed the Commission expressing con- cern re: the proposed annexation creating enclaves. Mr. Kalb stated if the City proceeds with the annexation, the homeowner's associations he represents will be forced to request support from the County in legal action against the City. There being no further comments from the public, Chairman Vogel closed the Public Hearing. Mr. Ornstein moved to recommend approval to the City Council for the annexation of- 596.14 acres, more or less, within Section 31 -41 -43 and Section 32- 41 -43; and located in general, between the unincorporated subdivisions commonly known as • "Cabana Colony" & "Frenchman's Creek" and Alternate A -1 -A & Prosperity Farms Road, per the petition of Foundation Land Company. Mr. Rosen seconded the motion which was unanimously carried. Planning and Zoning Commission • May 24, 1988 Page 6 Chairman Vogel requested John Toshner report on correspondence, dated 5/23/88, received from Mr. Stan Redick, Planning Director with Palm Beach County, expressing four areas of concern with the proposed annexation. 1) Fire protection, 2) Road systems, 3) Intergovernmental cooperation /land use compatability 4) Legal issues. Mr. Orr addresed the Commission stating the City is working with a consulting firm which has addressed each area of concern. With regard to the road system, Mr. Orr pointed out that Mr. Redick's letter addresses transportation system level of ser- vice C, at a time when the County is discussing deleting certain east /west crossings from their Thoroughfare Plan, which would take away the opportunity for the City to attain that level of service. Mr. Orr stated the City does not feel the proposed annexation request is in violation of the law. •P.Hrin - Recommendation to Council re: Modification to 11.818 -acre "Golden Bear Plaza" Professional Office PUD created 3/16/84 b 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 development of Executive Dining Club and additional ingress/egress on .3719 -acre site, per petition of Mr. Kenneth A. Whitley of Golden Bear Associates adv. 5/09/88) Mr. Robert Whitley, authorized agent for the petitioner, addressed the Commission presenting a site plan of "Golden Bear Plaza" with the proposed changes. Mr. Whitley stated the architectural lighting will be directed onto the building, not attached to the building. Mr. Ornstein referenced comments from the City Forester which stated a 15' buffer and 6' wall be provided to comply with code. Mr. Ornstein requested information regarding the driveway going to the east onto adjacent property. Mr. Whitley explained that at the time the property was purchased, the petitioner provided the iowner of the adjacent property with an access. Mr. Ornstein asked if the requested modification is acceptable to the homeowner on that property. Planning and Zoning Commission Page 7 • May 24, 1988 Mr. Whitley stated attempts have been made to discuss these changes with the homeowner, to no avail. Mr. Whitley stated he feels a comparable entrance has been provided, however, he would have no objection to going back to the original entrance, and would leave the decision up to the owner of the property. Mr. Ornstein expressed concern re: inadequate parking for the private club during lunch hours. Mr. Whitley stated the dining club would be available only for people in the project for lunch, not for the public. Chairman Vogel opened the Public Hearing. Attorney Chuck Pigott, representing Mrs. Charlotte Juvinelli and her son, addressed the Commission stating his clients are the owners of the home immediately northeast of the project. • In response to questions by Attorney Pigott, Mr. Whitley advised the animal hospital is now a 3500 sq. ft., single -story building, on well system and septic tank. Proposed changes include: increasing the size up to 5600 sq. ft:; connecting to Seacoast water & sewer; installing a concrete block wall around the run area; soundproofing the building. The runs will be located outside and will accommodate 10 -12 dogs for approximately 2 hours per day. Attorney Pigott stated that in 1984 his client and Golden Bear entered into an agreement in which a 10' easement was given to Golden Bear. Attached to the agreement was a site plan which indicated a parking area would be where the animal hospital is now proposed to be located. Attorney Pigott stated his clients object to the proposed relocation of the animal hospital. Major areas of concern include: the hospital would be too close to their front yard; kennels and runs would be . disruptive; the hospital would restrict their view of U.S. 1; crime in the area has increased and the proposed building would give criminals something to hide behind; noise from animals. Planning and Zoning Commission May 24, 1988 • Page 8 Mr. Cecil Fox, Hidden Key resident, addressed the Commission expessing concern re: buffering of Hidden Key residents. Chairman Vogel closed the Public Hearing. Mr. Whitley stated he is not prepared to discuss the architecture, as requested by Mr. Ornstein, but would agree to having Commission approval conditioned upon coming back to the Commission at a later date when the architecture is complete. Chairman Vogel advised that once a recommendation to the City Council is made, the Commission cannot require the petitioner to return to Planning and Zoning for review of the architecture. Mr. Ornstein stated that if requiring the petitioner to return to Planning and Zoning is not binding, he cannot support the petition and expressed concern with sending this project on to the Commission. Mr. Rosen moved to recommend approval to the City Council for the modification to 11.818 -acre "Golden Bear Plaza" Professional Office PUD created 3/16/84 by Ordinance i7, 1984, on the east side.of U.S. Hiway #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 development of Executive Dining Club and additional ingress /egress on .3719 - acre site, per petition of Mr. Kenneth A. Whitley of Golden Bear Associates. Mr. Hamner seconded the motion. During discussion, Mr. Toshner stated that although he is in favor of the subject petition, if the Commission is not screening issues related to the project prior to sending it on to Council, in his opinion, the Commission is not doing it's job. • Mr. Ornstein expressed his agreement with Mr. Toshner and stated the Commission is charged with reviewing projects and does not understand how a positive recommen- Planning and Zoning Commission May 24, 1988 • Page 9 dation can be made to the City Council on something that has not been reviewed. Chairman Vogel asked Mr. Whitley how the petitioner would feel about recessing the Public Hearing to June 14th. Mr. Whitley stated the project would be delayed and they are attempting to start construction on the third building. Mr. Whitley presented architectural elevations, stating he had been reluctant to present them to the Commission before, as the colors are not satisfactory. After additional discussion, Mr. Whitley stated the style, materials and colors will match the Plaza and the bank building. Chairman Vogel called for a vote. The motion was approved with a vote of 5 -0. P. Hrin - Recommendation to City Council re: Modification to City's •Comprehensive Land Use Plan Map adopted it 21 85 by Ordinance 22, 1985, providing for a change in the delineation of the City's boundaries by a 28.14 -acre expansion within Section 19- 42 -43, south of Northlake Boulevard, between the east side of Burma Road and the C -17 Canal; and simultaneously providing for "Residential 6 -8 u/p a" land use designa- tion, per the petition of Mr. Michael Houston of Urban Design Studio, autho. agent for K. Hovnanian adv. 5/9/89) Mr. Michael Houston, authorized agent for K. Hovnanian, addressed the Commission stating the Commission previously recommended approval to the City Council for annexation /PUD for the subject parcel. Mr. Houston pointed out the location of the proposed modification to the City's Comprehensive Land Use Plan, and advised the property is currently in the County with a Medium -High Residential designation. In response to questions by Mr. Ornstein, Mr. Houston explained that the City is in the process of producing a Traffic Performance Standard and the annexation /PUD is on "hold" at the City Council's request, until such time as direc- • • Planning and Zoning Commission May 24, 1988 Page 10 tion can be given re: Northlake Blvd. Mr. Houston stated if the subject Comp. Plan change does not begin through the approval process now, it will create a hardship by forcing the petitioner to wait until next year. Chairman Vogel declared the Public Hearing open. Mr. John Walker, resident on the north side of Burma Rd., addressed the Commission objecting to the proposed Comp. Plan change /project. Mr. Walker is mainly concerned with traffic impact. There being no further comments from the public, Chairman Vogel closed the Public Hearing. Mr. Toshner made a motion to recommend approval to the City Council for 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 28.14 -acre expansion within Section 19- 42 -43, south of Northlake Boulevard, between the east side of Burma Road and the C -17 Canal; and simultaneously providing for "Residential 6 -8 u /p /a" land use designation, per the petition of Mr. Michael Houston of Urban Design Studio, autho. agent for K. Hovnanian. Mr. Ornstein seconded the motion which passed with a vote of 4 -1, with Mr. Hamner voting "Nay ". Workshop - Recommendation to City Council re: Amending 100.2 -acre "The Gardens" regional shopping mall PUD (created 11/15/84 via Res. 62, 1984, and amended 5/15/86 via Res. 21, 1986) providing for the sale service of beer and wine, for on- premise consumption, within the common seating area for the food court tenants (Section L, located at the upper level of the mall), per the petition of Mr. Thomas Cairnes, Project Director A representative for this petition was not in attendance. r Planning and Zoning Commission Page 11 May 24, 1988 ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:15 P.M. The next meeting of the Planning and Zoning Commission will be held on Tuesday, June 14, 1988. JEAN LONG, S re 11 ROBERT NORRIS, ALTERNATE