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HomeMy WebLinkAboutMinutes P&Z 062888CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION JUNE 28, 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; Mike Rosen, Robert Hamner, Members; Nancy Jean Laurie, Primary Alternate Member. Jeffrey Ornstein was not in attendance. APPROVAL OF MINUTES • The minutes of June 14, 1988 were approved as submitted. Workshop - Recommendation to Council re: Modification to the "conditional uses" in the RM- Medium Density Residential District, providing for the location of a "child care center" on Lots 2 -6, Block 12, Palm Beach Gardens Estates Plat No. 1, totalling 1.36 acres, located between the FEC Railroad Tracks and Holly Drive, south of Lighthouse Drive, per the petition of Mr. Kieran J. Kilday, autho. agent for "Academy For Little People" Chairman Vogel stated the seller of this property, Mr. Edward Riggins, is a friend of his and an associate with Investment Equity Real Estate, therefore, he will not participate in the discussion of this petition. Chairman Vogel passed the gavel to Vice Chairman John Toshner. Mr. Kieran Kilday, authorized agent for the petitioner, addressed the Commission presenting a site plan of the proposed day care center. Mr. Kilday informed the Commission the center will initially provide for 130 children, however, will have the capacity for 180 children. Single - family homes are located immediately • south and across the street from the proposed project. Mr. Kilday advised the Planning and Zoning Commission June 28, 1988 • play area will be located between the building and the fenced canal area Page 2 north of the site. Parking for the employees will be provided on the south portion of the site. Mr. Kilday stated the facility will operate from 7:00 AM to 6:00 PM, Monday through Friday, and that the center meets all Code and HRS requirements. Mr. Kilday stated he is willing to meet with neighbors of the surrounding area to discuss the proposed project. Mr. Hamner requested information re: pick -up and delivery of children to the center. Mr. Kilday pointed out the pick -up /delivery point at the entrance on the south side. Vice Chairman Toshner expresed concern re: traffic congestion at peak hours. • Ms. Nancy Rawlins, representing Academy For Little People, addressed the Commission stating day care center staff make every effort to have children ready at pick -up time and there are not usually more than 7 or 8 cars at peak hours. Additional parking spaces have been provided for parents waiting for children or needing to visit the day care center. Ms. Rawlins stated the children will range in age from 2 -5 in day care; up to 10 years of age in the after school pick -up program. The Commission expressed concern re: buffering of residential areas. Mr. Kilday stated a solid hedge will run the entire length of the south and west sides; green space and landscaping will be added. Mr. Ken Stapleton, Administrative Planning Coordinator, gave a slide presentation showing the property, views of surrounding areas from the property, and zoning designations of surrounding areas. The Commission requested elevations and signage be presented at the Public Hearing. • Mr. Stapleton stated a traffic study has been submitted to the City Engineer. Chairman Vogel retrieved the gavel from Vice Chairman Toshner. Planning and Zoning Commission Page 3 June 28, 1988 • 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 rovidin 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) recessed from regularly-scheduled meeting of 6/14/88) (adv. 5/9/88) Attorney Lawrence Smith, authorized agent for the petitioners, addressed the Commission presenting an aerial of the subject site. Mr. Stapleton gave a slide presentation showing the site and surrounding areas. Mr. Stapleton stated comments have been received from the County, expressing concern re: procedures, land use, access. Mr. Stapleton advised that City staff also has con- cerns with access, as well. as with the property intruding on residential areas. • Attorney Smith addressed the Commission stating he feels the Commercial designation is appropriate, given the Commercial nature of the surrounding areas. Chairman Vogel re- opened the Public Hearing, recessed from the regularly - scheduled meeting of 6/14/88. Mr. Ed Roby, property owner in the area and developer of Prosperity Gardens, addressed the Commission stating he owns property behind the subject site which would be greatly impacted by approval of the petition as it would create an "island" situation. Mr. Roby advised he has no problem with the annexation /rezoning, however, would encourage the City to require a PUD. Mr. Roby informed the Commission that crime in the area has not been a problem. Mr. Roby presented a map of the area, pointing out the location of his property in relationship to the proposed annexation area and stated there are deed restrictions on the subject property, restricting the property to residential use only. Chairman Vogel closed the Public Hearing. • Planning and Zoning Commission June 28, 1988 Page 4 Attorney Smith stated he has no personal knowledge of deed restrictions on the sub ject property, however, will research and advise. Mr. Douglas Shupe, petitioner, addressed the Commission stating he has moved out of his house because of problems with crime. Chairman Vogel commented he is not opposed to the annexation, but cannot support the zoning change to Commercial without knowing what development is proposed for the property. Vice Chairman Toshner agreed with Chairman Vogel and stated he believes policy should be established as to where the line is drawn on Commercial development. Mr. Rosen made a motion, stating it was for the purpose of bringing the petition to a vote, 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 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. Mr. Hamner seconded the motion which was defeated with a vote of 5 -0. Public Hearing - Recommendation to City Council re: Annexing .8493 acres, more or less, located within Section 5- 42 -43, immediately south of Floral Lane, east of Prosperity Farms Road; and simultaneous) rezoning same from P. B. County's Zoning Classification of RS Residential to the City's Zoning Classification of CG -1 General Commercial per the petition of Attorney Larry Smith, autho. a ent for Douglas D. & Mary Shupe recessed from regularly - scheduled meeting of 6/14/88) (adv. Attorney Lawrence Smith, authorized agent for the petitioners, addressed the Commission stating he wished to incorporate his comments of the previous petition into the subject petition. • Chairman Vogel re- opened the Public Hearing recessed from the regularly - scheduled meeting of 6/14/88. • Planning and Zoning Commission June 28, 1988 Page 5 Mr. Ed Roby, property owner in the subject annexation area, stated his comments are the same as for the previous petition. Mr. Roby stated he feels the annexation is appropriate but rezoning should be considered after the City has been advised of development plans. Chairman Vogel closed the Public Hearing. Vice Chairman Toshner moved to recommend approval to the City Council for annexing .8493 acres, more or less, located within Section 5- 42 -43, immediately south of Floral Lane, east of Prosperity Farms Road; and simultaneously rezoning same from P.B. County's Zoning Classifcation of RS (Residential) to the City's Zoning Classification of CG -1 (General Commercial) per the petition of Attorney Larry Smith, autho. agent for Douglas D. & Mary Shupe. Mr. Hamner seconded the motion. • The motion was defeated with a vote of 5 -0. Chairman Vogel stepped down as Chairman and moved to recommend to the City Council that the Commission believes the annexation would be appropriate with the current County zoning designation, and would, at a later date, be interested in seeing a site plan or PUD application for the subject property. The motion was seconded by Mr. Hamner which was unanimously carried. OLD BUSINESS Mr. Rosen complimented Mr. Stapleton on giving excellent presentations for the peti- tions before the Commission. NEW BUSINESS Mr. Stapleton advised the Commission of a Comprehensive Land Use Plan Committee meeting to be held July 27, 1988, and requested all Commissioners attend. • Mr. Stapleton reported of a joint meeting with the City Council and Advisory Boards held June 23, 1988 and advised the City Council is considering scheduling meetings r: C: • Planning and Zoning Commission June 28, 1988 Page 6 with each individual Board to give direction and discuss the functions of the Boards. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 8:20 P.M. The next meeting of the Planning and Zoning Commission will be held on Tuesday, July 12, 1988. APPROVALS / JEFFREY ORNSTEIN KE ROSEN JEAN LON_q ecotary NANCY JEAN LAURIE, ALTERNATE