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HomeMy WebLinkAboutMinutes P&Z 061488CITY OF PALM BEACH GARDENS • PLANNING AND ZONING COMMISSION JUNE 14, 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; Jeffrey Ornstein, Mike Rosen, Robert Hamner, Members. Nancy Jean Laurie, Primary Alternate Member was not in attendance. APPROVAL OF MINUTES is The minutes of May 24, 1988 were approved as submitted. Public Hearing - 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- remise 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. Prolect Director adv. 5/30/88) Mr. Jeffrey Ornstein stated he would step down, as he and his firm are employed by the petitioner for work being done at the mall. Mr. Tom Cairnes, authorized agent for Forbes /Cohen Properties, addressed the Commission stating the food court will consist of 12 tenants on the second floor of the mall. At this time, it is not known which tenants will include beer and wine on their menu. Chairman Vogel declared the Public Hearing open. There being no comments from the public, the hearing was closed. • In response to a question by Mr. Hamner, Mr. Cairnes stated one restaurant will allow seating within their leased space; all others will provide seating within the common is Planning and Zoning Commission June 14, 1988 Page 2 area. Mr. Hamner expressed concern re: patrons taking beer or wine into the shopping area. Mr. Cairnes stated this has not been a problem at other malls with food court areas and that the mall will have a large security force. Mr. Rosen moved to recommend approval to the City Council for 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. Mr. Hamner seconded the motion which was unani- mously approved. • Public Hearing - 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 recessed from regularly-scheduled meeting of 5/24/88) adv. 5/9/88) Attorney Larry Smith, authorized agent for the petitioners, addressed the Commission presenting an aerial of the subject parcel, currently zoned RS- Single Family in the County. Mr. Rosen referenced Ken Stapleton's Staff Report which raised concerns regarding commercial usage on the site and asked Attorney Smith to respond. Attorney Smith stated the petitioners still wish to pursue the Commercial land use designa- tion. The Commission expressed concern re: commercial development creating a bottleneck situation on Prosperity Farms Rd.; traffic impact; unsuitable • ingess /egress to commercial property. Mr. Ornstein stated he does not have a • Planning and Zoning Commission June 14, 1988 Page 3 problem with the annexation, however, without seeing development plans, would object to the commercial designation. The Commission was in agreement with Mr. Ornstein. Chairman Vogel declared the Public Hearing open. Mr. Ed Roby, North Palm Beach resident, addresesd the Commission stating he is the developer of "Prosperity Gardens" PUD. Mr. Roby pointed out the location of a 92' x 155' parcel, zoned Residential in the County, immediately south of the subject pro- perty. Mr. Roby stated the proposed annexation would create a pocket in this area. Mr. Roby advised he would have no objection to Commercial development within a PUD. Ms. Kathleen Smith, Teach Road resident, addressed the Commission stating her pro- perty backs up to a portion of the subject parcel. Ms. Smith asked if the proposed annexation area meets City standards. Chairman Vogel stated he believes compliance • with City codes would be required after annexation. Chairman Vogel closed the Public Hearing. Attorney Smith requested permission for his client, Mr. Douglas Shupe, to address the Commission. Mr. Shupe, owner of the subject property, addressed the Commission stating he has suffered severe hardship due to Commercial development in the area. Mr. Shupe stated he has moved his family away because of increased crime, vandalism, traffic and requested the Commission look at the property and the area before making a recommendation. Mr. Rosen suggested the petitioner consider having the Public Hearing recessed to the next meeting in order to give the Commission the opportunity of looking at the property, as well as giving Attorney Smith time to provide the Commission with an updated aerial. Attorney Smith agreed to recess the Public Hearing for this peti- tion as well as for the annexation petition. Chairman Vogel re- opened the Public Hearing and recessed the Hearing to June 28, 1988 at 7:30 P.M. • Planning and Zoning Commission June 14, 1988 Public Hearing - Rec less, located within Prosperity Farms Roa Classification of RS General Commercial Douglas D. & Mary Sh emendation to City Section 5- 42 -43, i ; and simultaneous Residential to t Der the petition o De adv. 573-078-8-T Council re: Annexing mediately south of F1 rezoning same from e City's Zoning Class Attorney Larry Smith Page 4 .8493 acres, more or oral Lane, east of P. B. County's Zonin ification of CG-1 . autho. agent for Chairman Vogel declared the Public Hearing open and recessed the Hearing to June 28, 1988 at 7:30 P.M. Public Hearin - 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 pro- viding for "commercial" land use designation, per the petition of Attorney Lawrence Smith, autho. agent for Adams Investment Company, Inc. adv. 5/9/88) (Public Hearin adv. 5/9/88 and recessed from regularly- scheduled meeting of May 24. 1988 Attorney Smith, authorized agent for Adams Investment Company, Inc., addressed the Commission stating he is formally withdrawing the subject petition. Written notice has been forwarded to the City Clerk's office. Public Hearing - 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 Development" 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 Development Associates adv. 5/30/88) Attorney Larry Smith, authorized agent for PBG Development Associates, addressed the Commission stating the reason for this request, prior to submitting a master plan, is that the project is undergoing a DRI review. Attorney Smith advised that environmental considerations have prompted the change from the originally planned FQD, to a DRI. Attorney Smith stated a 3 -day "lock -up meeting" is planned with Treasure Coast, City Manager, City staff and consultants to try to complete as much of the Application for Development Approval as possible. Attorney Smith stated the subject modification to the Comp. Plan must be forwarded to Tallahassee to • Planning and Zoning Commission June 14, 1988 Page 5 determine whether or not it is in compliance with the State plan. This process takes approximately three months. By the time approval is received from the State, development plans will have been presented to this Commission and the City Council. Mr. Rosen stated the information presented is confusing and suggested Attorney Smith utilize, and submit to the Commission, a network diagram to aid in tracking the complex approval process. Mr. Rosen stated he feels more information is needed before a recommendation can be made. Mr. Ornstein stated he is concerned with the loss of Industrial zoning and would like to see conceptual plans for the proposed project. Chairman Vogel declared the Public Hearing open. There being no comments from the • public, the Hearing was closed. Mr. Hamner made a motion to recommend approval to the City Council for the modification to the City's Comprehensive Land Use Plan /Map adopted 11/21/85 by Ordinance 22, 1985, providing for "Planned Community Development" land use designa- tion 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 Development Associates. Mr. Ornstein seconded the motion. During discussion Mr. Ornstein requested information re: proposed land usages. Attorney Smith stated approximately half the site would be zoned Industrial. Mr. Ornstein stated he would like the motion to include that the petitioner is attempting to retain approximately 50% Industrial zoning on the site, as he is con- 40 cerned with excessive retail usage. Chairman Vogel stated these concerns would be relayed to the City Council. Planning and Zoning Commission June 14, 1988 Chairman Vogel polled the Commission. Mr. Hamner - Aye Mr. Ornstein - Aye Mr. Rosen - Nay Chairman Vogel - Aye The motion passed with a vote of 3 -1. NEW BUSINESS Page 6 Mr. Hamner expressed concern re: "Gardens East Plaza ", asking if the project is being developed according to plans submitted to the City. Mr. Hamner stated there does not appear to be adequate space for truck loading, berming. Mr. Rosen • suggested sending a memo to the Building Dept. advising Mr. Hanson of the Commission's concerns. • There being no further business to discuss, the meeting was adjourned at 8:40 P.M. The next meeting of the Planning and Zoning Commission wi a held on Tuesday, June 28, 1988. JEAN LONG, Se.0et ar