Loading...
HomeMy WebLinkAboutAgenda Council Agenda 032999 SpecialAll those wishing to address the City Council need to complete the necessary form (supply located in back of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order. CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING MARCH 29, 1999 7:00 P.M. I. PLEDGE OF ALLEGIANCF II. ROLL CALL: Mayor Russo, Vice Mayor Furtado, Councilman Jablin, Councilman Clark, Councilman Sabatello III. COMMENTS FROM THE PUBLIC (Please submit request card to Clerk prior to this Item) IV. CONSENT AGENDA: 1. Resolution 28, 1999 - Consideration of Approval of an Amendment to the Devonshire Life Care Facility Site Plan. V. PUBLIC HEARINGS: 1. Ordinance 18, 1999 - Providing for Declaration of a Moratorium on Development within the City. (Adv. 3/22/99); Consideration of First Reading). VI. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact James Waldron, Jr., no later than 5 days prior to the proceeding at telephone number (561) 775 -8255 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 29, 1999 Date Prepared: February 24, 1999 SUBJECT /AGENDA ITEM: Consideration of Approval for Resolution 28, 1999 - Devonshire Life Care Facility. RECOMMENDATION /MOTION: Staff recommends that Resolution 28, 1999 be approved. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney_ Growth Management [ ] Approved Finance NA /r /, J $ [ ] Approved w /condtwns ACM V ("/V Current FY [ ] Denied Human Res. NA Other NA Advertised: Fundin 9 Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other - Resolution 28, 1999 - Letter from PGA HOA dated 2/22/99 — Elevation Sheet -Letter with Exhibit "A" attachment dated 3/23/99 Submitted by: [ x ] Not Required Growth Man Affected parties Budget Acct. #:: Approved by: V [ ] Notified [ ] None City Manager [ x ] Not required BACKGROUND: Devonshire is a 337 unit life care unit with accessory facilities located on parcel M -22, within PGA National Planned Community District. The project was first approved by Resolution 110, 1987 (December 17, 1987) and substantially redesigned by Resolution 42, 1991 (March 21, 1991) and Resolution 106, CITY COUNCIL CONSENT AGENDA MARCH 29, 1999 PAGE 2 1992 (November 19, 1992). A minor revision to the architectural plans was made by Resolution 60, 1995 (May 18, 1995) to permit enclosure of balcony areas. The site plan was further amended by Resolution 86, 1996 (June 6, 1996) to demolish the existing 77- unit apartment complex on the site and propose a new wing, change Phase I construction schedule to build seven additional units and reduce seven units from Phase II with a total number of units of 337. Other modifications were also made by Resolution 86, 1996, including increasing the lot coverage and open space, proposing 82 covered parking, increasing the size of the central amenities building from 45,186 square -feet to 48,368 square -feet, and other minor modifications. Resolution 13, 1998 was approved on February 19, 1998, and amended the approved site plan for the parcel by modifying landscaping and phasing plans, adding six (6) parking spaces, covering ninety (90) parking spaces, eliminating the resident drop -off area at Phase II building, and adding sidewalks. The conditions of approval for Resolution 13, 1998 also replaced the conditions listed in Resolution 86, 1996. SITE UPDATE: The overall theme of the project has remained the same. However, the following deviations from the originally approved plans have occurred: ► Two (2) towers with screen enclosures were added to the tops of the buildings ► Several windows were extended (offset) from the building's face to give more relief to the elevations ► Railings have been removed ► Landscaping has been modified by adding entry stoops to the first floor ► Decorative arches and columns have been removed ► Two (2) parking spaces were removed because of slight construction adjustments made to the generator building. ► The phase line between the Amenity Building and Phase 2 has been modified REQUEST: Petition MISC- 99 -02, a request by Henry Skokowski, agent for Devonshire Associates, Ltd., for an amendment to the approved site plan for Parcel M -22 (Devonshire Life Care Facility) within PGA National Resort Community. The proposed amendment includes: • a revised gate at the project's southern entrance /exit • a revised entry wall CITY COUNCIL CONSENT AGENDA MARCH 29, 1999 PAGE 3 The 22.49 acre site is located 1 mile north of the intersection of Ryder Cup Boulevard and Northlake Boulevard, on the west side of Ryder Cup Boulevard, within PGA National Planned Community District. The applicant has stated that during the construction phase of the Devonshire Life Care Facility, issues arose which require a minor amendment to the previously approved project. These issues include a portion of the wrought iron fence element of the entry wall which has been changed to a concrete block wall, and the south entry gate which has been modified from a swing gate system to a gate arm. At the south entrance to the project, a berm is located adjacent to the entry wall, and was designed to block views from Ryder Cup Boulevard. A wrought iron fence was originally proposed to run parallel to the street. To achieve the desired berm height to block views from the street, and to hold the berm in place, a portion of the proposed fence was changed to a concrete block wall. The wall was constructed with a stucco finish and an 18 inch high wrought iron grill on the top of the wall to give it a uniform appearance (see attached wall detail). The applicant states that the reasoning for the use of a gate arm instead of a swing gate is based on experiences gleaned from other life care communities around the nation. The applicant feels that the use of a quick moving gate arm, instead of a swing gate, would decrease the number of accidents likely to occur with older residents entering the project. Furthermore, when accidents do occur, there will be less damage to the vehicle from a gate arm compared to a swing gate. The gate arm will be triggered by using a bar code reader, which automatically opens the gate when the resident vehicle approaches. The gate arm will also use a bright color so that it is more easily seen by the elderly residents. The applicant has stated that the proposed gate arms will be similar to those used on Ryder Cup Boulevard, and that the arm gate bright red color will not destroy the exterior appearance of the project. The PGA National Homeowner's Association has reviewed the proposed amendment, and has given it's approval (see attached letter). RECOMMENDATION: City Staff recommends approval of petition MISC- 99 -02. CITY COUNCIL REVIEW - MARCH 18,1999: City Council reviewed this petition at its March 18, 1999 meeting. Council instructed the applicant to revise the proposed gate swing arm so that it would be white in color, and for CITY COUNCIL CONSENT AGENDA MARCH 29, 1999 PAGE 4 this petition to be brought back before them as a consent agenda item. The applicant made the revision and submitted a letter and exhibit on March 23, 1999, detailing the white color of the proposed gate swing arm (see attachments). g /short: misc9902.cc5 /J i February 24, 1999 March 24, 1999 RESOLUTION 28, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT OF THE APPROVED SITE PLAN FOR PARCEL M -22 OF PGA NATIONAL, PLANNED COMMUNITY DISTRICT, BY REVISING THE GATE AT THE PROJECT'S SOUTHERN ENTRANCE /EXIT, AND REVISING THE ENTRY WALL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens adopted Resolution 110, 1987 which was subsequently amended by Resolution 42, 1991 and Resolution 106, 1992 which subsequently redesigned the approved project; Resolution 60, 1995 which approved a minor revision to the architectural plans; Resolution 86, 1996 which approved the Devonshire Life Care Facility; and approved other modifications and Resolution 41, 1997 which approved a replat of Devonshire of the PGA National Resort Community; and replaced the conditions of approval in Resolution 86, 1996 through the approval of Resolution 13, 1998 amending the approved site plan for the parcel by modifying landscaping and phasing plans, adding six (6) parking spaces, covering ninety (90) parking spaces, eliminating the resident drop -off area at Phase II building, and adding sidewalks. WHEREAS, the Devonshire Associates, Ltd. Company is requesting to amend the previously approved site plan by modifying the gate at the project's southern entrance /exit, and modifying the entry wall. WHEREAS, the City's Planning and Zoning staff has reviewed the petition and determined that it is sufficient; and WHEREAS, the City Council has determined that the proposed amendment is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1.. The approved site plan for Parcel M -22 of PGA National Planned Community District is hereby amended by modifying the gate at the project's southern entrance /exit, and modifying the entry wall. Resolution 28, 1999 Page 2 Section 2. Construction of said development shall be in accordance with the following plans on file with the City's Planning and Zoning Department: 1. February 17, 1999 (stamp date) Entry Feature, Mouriz/Salazar & Associates, Inc., (1 8.5 "X14" Sheet). 2. February 17, 1999 (stamp date) Paving and Drainage Plan, C. C. L. Consultants, Inc., (1 Sheet). 3. March 23, 1999 (stamp date) Exhibit "A" Devonshire Lifecare Facility, Urban Design Studios, Inc., (1 8.5 "X11" Sheet). Section 3. This Resolution shall be effective upon adoption. INTRODUCED ON THE 18th DAY OF MARCH, 1999. PASSED AND ADOPTED THIS 29th DAY OF MARCH, 1999. ATTEST: LINDA V. KOSIER WA VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g /short misc9902 re2 /)I JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT 2 -24 -1999 5:07PM FROM DEVONSHIRE 5616277319/ PGA PROPERTY OWNERS ASSOCIATION, INC. Shoppes On The Omen 7 100 Fairway Drive, Suite 29 Palm Beach Gardens, Florida 33418 TELEPHONE (_-%1) 621.2800 J February 22, 1999 sUap�P� Steven Tendrich Devonshire Associates. Ltd 1601 Belvedere Road. Suite 407 -S 'Jest Palm Beach, FL 3340E Re- Architectural Review — Revised Entry Wall & Change in the South Gate Configuration Dear Mr. Tendrlch: FACSIMILE (561) 622.6324 The PGA ,Architectural Review Committee, at its meeting of February 18, 1999, reviewed the referenced request It is the decision of the Committee to approve the request to: 1. Change a portion of the wrought iron fence, right of the south entrance marquee, to a block wall due to a berm located on the backside of the wall required for landscaping and screening, 2. Modify swing gate system to a gate arm system due to the recommendation from the Devonshire consultant Co- operative Retirement Services of America (CRSA), that the swing gates get damaged due to the age and sight problems associated with the residents in this . type of development The PGA Architectural Review Committee has reviewed your request for aesthetic purposes and compliance with PGA Property Owners Association community standards. Owners are responsible to Insure that all modifications comply with state and local law, including, but not limited to, all pertinent building codes, Sincerely. Hal Beard Director of Architectural Review & Compliance Post4r Fax Note 7671 I Tcl(�Crf Pho a # vJ - 1 Phone 9 - Fax # �y �� r( 0 l t I Fax # FROM URBAN DESIGN STUDIO WPB March 23, 1999 Mr. Jim Norquist City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 03.23.1999 16,26 NO.15 P. 1 , �aTdens •\ COY ctP6. �� ��R 23 X999 MANAGTMENS ' p10 NA k RE: Devonshire Life Care Facility Miscellaneous Petition (Minor Site Plan Amendment) PBG Petitioner # MISC -99 -02 Our Ref. #12025.27 Dear Mr. Norquist: V �n Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Attached please find eight copies of Exhibit "A ", dated March 23, 1999. This exhibit is intended to supplement the swing gate information shown on the Paving and Drainage Plan dated July 1, 1998 submitted to your office on February 17, 1999. The attached exhibit shows the swing arms at the projects main entrance as being solid white in color. I hope this information is sufficient for your records. It is our understanding that we are to be on the March 29`h City Council consent agenda. If you have any questions, please feel free to contact me a -006. c Respectfully, Urban Design Studio Hank Skokowski, AICP Principal cc: Steve Tendrich 0:1COMMON\ robs \Detionshire\Norquistrmb.032399 wpd LCC 35 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409-6582 561.689.0066 561.689.0551 tax Irvine, CA 714.489.8131 _mot `�` .-• .;•ur �.,,., ,�,,.��.. two � � � i • iJ•)tfkr•f.i".!13[if.:Yl•'j • �ws�i �i�iwwK �� iKi�j'kk� 'MMX�� i[•'kk.Mtltl•■ O � %x1V'.�; Kyl�Il�ti�.�. --. _.. -i i�1�kM�J�tx�•� ~ � l sr i� ;;Ralf i �. M : lMt »: �k�lt�itsQ � ' • K MUM: !U�tM�sj fry ( I7l+�il[+fi( • '•Ili[klrir•rt ' � - �� A •ae,;iRil`I.•�:Ii.Y' lltkit *i•Af«� • • r Br 4a �- w. •s �zs Fs ,� �.+ 8 z 2 t: z 'x 0 5. LLJ CL 7. > , a �r 2 Z 1: LL) ik LLJ ..� 3 - J +n p [� C W� _o x • U L o co .d v �_ • J � cic 1 K L _ ?C oull , t---k- o LL uj cc rc WIN IIIUUU 0. ry , LU _ z IL CC ui 01 LL d re �P t; J W uj- Wzz tr z ' W 0 .z 3/24/99 ORDINANCE NO. 18 -99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS PROVIDING FOR SUSPENSION OF ACCEPTANCE OF APPLICATIONS FOR DEVELOPMENT PERMITS FOR A SPECIFIC PERIOD; PROVIDING FOR EXEMPTIONS; PROVIDING A PROCEDURE TO SEEK AN EXEMPTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens finds and declares that in order to promote the health, safety, morals and general welfare of the City, it is necessary to amend the City land development regulations so that they adequately address the maintenance and enhancement of various public facility and services level -of- service standards, and to implement the City's comprehensive plan and its 1996 Vision and Strategic Plan, and thereby promote and maintain the quality of development within the City; and WHEREAS, the City Council has approved and the City Administration has begun to implement the revision of the land development regulations so as to accomplish these municipal purposes, including initiating a request for proposals for planning consultant services, initiating certain code revisions, and employing additional in -house planning assistance; and WHEREAS, in recent months, and because of the sale of the MacArthur Foundation large city landholdings, the City has been made aware of greatly increased interest on the part of private developers to develop large parcels of heretofore undeveloped land within the City, at a greatly accelerated pace; and WHEREAS, the City has a responsibility to ensure that growth and development within the City occurs consistent with the public health, safety and general welfare, and to maintain its standards for quality growth and development; and WHEREAS, it is necessary to suspend the acceptance by the City of applications for development permits for projects that will create additional impacts on City services and facilities, pending the necessary revisions to the land development regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PALM BEACH GARDENS: Section 1. No applications for development permit approval, except as provided herein, shall be accepted by the City of Palm Beach Gardens for a period of one hundred eighty (180) days subsequent to the date this ordinance becomes effective. Section 2. Applications for development permits which are filed with the City and accepted by staff as complete prior to the effective date of this ordinance shall continue to be processed by the City of Palm Beach Gardens in accordance with the rules, procedures, regulations and ordinances in effect on the effective date of this ordinance. Section 3. The following shall be exempted excepted from the suspension provisions of this ordinance, provided that, in the cases of paragraphs b through f below, applicants proceed under the procedures in Section 4. a. Development permit applications for a single family residential building ,,rem Con-strjCtion. of such bun--r, al, e,,,, =_.,_....,K" y bcne '^ a' u„e �f pr: t,�. and its accessory uses; or b. e: Development permit applications for additions or modifications to existing nonresidential uses where the addition or modification is equal to or less than five percent of the existing square footage; or c.1} Development permits for use of land which, without the permit, would suffer a temporary regulatory taking under the criteria described in Reahard v. Lee County, 968 F.2d 1131 (11" Cir. 1992), that is, on the basis of the facts of the particular case, whether the landowner will be denied substantially all beneficial use of the property, considering the economic impact of the temporary suspension and the extent to which the temporary suspension has interfered with the landowner's investment - backed expectations. Among the factors to be analyzed under these criteria are: the history of the property, the history of the development, the history of the property's zoning and regulation, any change in development when title passed, the present nature and extent of the property, the reasonable expectations of the landowner and neighboring landowners, and any of the landowner's investment - backed expectations; or d. e-. Properties which are vested from any changes in land development regulations pursuant to law; or e. d Any development permit for a permitted use that does not increase the burden on the following City facilities and services, beyond those impacts that reasonably can be anticipated under prior existing valid development approvals: roadways, drainage, parks and recreation, fire, police, potable wastewater, solid waste, and emergency medical services; or f. Rehabilitation or replacement of existing structures and associated land to correct substandard or obsolete conditions. F) Section 4. Any applicant desiring an exemption from this ordinance shall submit an application for exemption to the Growth Management Department, with accompanying evidence that the applicant is entitled to the exemption pursuant to Section 3. The department shall make a determination of the applicant's eligibility for the exemption and render a written decision thereon within 30 days of receipt of a complete application. The determination may be appealed to the Zoning Board of Appeals, pursuant to Division 2, Article III of Chapter 118 of the City's Code of Ordinances (as amended), within 30 days of the written decision. Section 5. If any provision of this ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid for any cause not essentially controlling the other provisions hereof, the same shall be considered as eliminated and not affecting the validity of such other provisions. Section 6. This ordinance shall take effect upon second reading and adoption in accordance with law and the Charter of the City of Palm Beach Gardens. Placed on first reading this day of , 1999. Placed on second reading this Passed and adopted this Attest: City Clerk Approved as to Form: City Attorney day of '1999. day of , 1999. 3 JOSEPH R. RUSSO, MAYOR LAUREN FURTADO, VICE MAYOR ERIC JABLIN, COUNCIL MEMBER DAVID CLARK, COUNCIL MEMBER CARL SABATELLO, COUNCIL IN FAVOR OF ORIDINACE 18, 1999 s a ('U-VVIV► - e--r a g Y r- 1es,�len t 'Bv6 0L,-a-f; s yr OPPOSED TO ORDINANCE 18, 1999 MEISSEN SHOP 561 832 2504 P.01 mA nti "'"o-00 ��� ✓ —V lc� '. �'� y� R r cAAL SRt3�r � zLp -) L �Lr y ,}t-W II/4 Q CLA k RI G s� ►l MUCH �� f17"� AR.c u F- R TOR. u/�'1 erg �U /�.Al � UJ l 6 M0rirH �d PR 6-SS H( F Ct y� r s �f rn �� F © SH �'r m16-- t�y r� �ofs � icy SCR , T9 � L.LS - oR� cL �o /9r 'D6 cRr ,q r� M w a A- s -I: `�� oar, 4 .j tticN IS 1 i_�am ERE �rZG (�0 C1�o0�' NOT- 1vG s p ov Q„r� osv f�- f r3 Cindy Harvey From: Beth Ingold Sent: Monday, March 29, 1999 5:14 PM To: Bobbie Herakovich Cc: Richard Diamond; Cindy Harvey Subject: Resident Calls RE: Moratorium I received four calls today from residents to voice their opinion in support of the moratorium: Bill Brown, Shady Lakes Judy Amsler, Shady Lakes Joanne Roving, Gardens East Apartments One resident left a message and no name. Page 1 Cindy Harvey From: Beth Ingold Sent: Monday, March 29, 1999 5:14 PM To: Bobbie Herakovich Cc: Richard Diamond; Cindy Harvey Subject: Resident Calls RE: Moratorium I received four calls today from residents to voice their opinion in support of the moratorium: Bill Brown, Shady Lakes Judy Amsler, Shady Lakes Joanne Roving, Gardens East Apartments One resident left a message and no name. Page 1