HomeMy WebLinkAboutMinutes P&Z 072799:. ,.y
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CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
July 27, 1999
MINUTES
The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens,
Florida, was called to order by Chair Joel Channing at 6:30 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.
ITEMS BY GROWTH MANAGEMENT DIRECTOR
Growth Management Director Roxanne Manning announced that she would discuss the vision for a City
Center under New Business.
APPROVAL OF MINUTES
Minutes of July 13, 1999 - Mr. Solomon made a motion to approve the minutes of the July 13, 1999
meeting as submitted. Mr. Nedvins seconded the motion. Motion carried by unanimous 5 -0 vote.
Diane Carlino abstained.
PLANNING AND ZONING COMMISSION
The roll was called by Jackie Holloman, Secretary for the meeting.
Present Absent
Joel Channing, Chair Craig Kunkle, Jr.
John Nedvins, Vice Chair Joseph Love, Jr., Alternate
John Glidden, Chair Pro Tern - Arrived at 6:40 p.m.
Diane Carlino
Daniel Lee Cruz
Ted Rauch, Alternate
Dennis Solomon
Also present at the meeting were Growth Management Director Roxanne Manning; City Attorney Carole
Post; Principal Planners Kim Glas Castro, Steve Cramer, and James Norquest; City Forester Mark
Hendrickson; and City Council Liaison Carl Sabatello.
Public Hearing - continued.from 7113199
Petition PCD- 99 -01: Amendment to Golf Digest PCD
Hank Skokowski, agent for Taylor Woodrow Communities, is requesting an amendment to the Golf
Digest Planned Community District approved October, 1998. The proposal includes modifications
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to the master plan, amendments to the parkway cross - sections, revisions to conditions of approval,
and related changes to other plans and illustrations. The proposed changes do not affect the overall
dwelling unit count or mix of uses. The 2,305 -acre site is located north of PGA Boulevard west of
Florida's Turnpike, east of the Loxahatchee Slough and south of Hood Road. (3, 4 &542S42E and
32, 33 &3441 S-42E)
Chair Channing announced that this was a public hearing continued from a previous meeting.
Principal Planner Kim Glas Castro reviewed the staff report and summarized the proposed changes,
and requested direction regarding modification of conditions prior to forwarding this petition to City
Council. Mr. Cruz requested clarification of the concept of averaging parkway width, to which Ms.
Glas responded and explained that this was now a Comprehensive Plan policy. Ms. Glas explained
where utilities could be located adjacent to the parkway. Ms. Glas responded to questions from Mr.
Glidden regarding the parkway and buffering at the turnpike, and stated it was staff's belief that green
area within the parkway had been reduced. Mr. Glidden commented that he would question the
petitioner as to whether calculations for paving /sidewalks, landscape, and water had been done for
the proposed revisions. Other concerns were the location of the community center, which Ms. Glas
explained could be sold and that it would probably be a day care or a church; and that it was a
prerequisite that PGA Boulevard would be 4 -lane paid for by Golf Digest and based on a timing
schedule of completion of homes, with completion required by January 31, 2004 or prior to issuance
• of building permits generating more than 17,276 external daily trips. Ms. Glas clarified in response
to questions from Mr. Nedvins that direction from City Council had been for the 120' right -of -way
to be shifted to the north, which petitioner had refused to do but would work with DOT to shift the
4 -lane cross section within the right -of -way, and discussed options to reduce the State 6 -lane
requirement to 4 -lanes in the future. Mr. Nedvins commented that it appeared every time this petition
was reviewed that participation by Golf Digest was reduced and recommended that the project be
considered on its own merits as if Golf Digest did not exist. Mr. Nedvins commented that the
previous plan had less lakes, more green space, and did not trigger discussion regarding the narrowing
the right -of -way. Ms. Glas responded that staff had objected to the parkway all along, realized City
Council had approved averaging and the 40 -foot landscaped width, and felt this further deviated from
that approval, which was why staff was questioning consistency with the Comprehensive Plan. Ms.
Glas expressed her opinion that the additional lakes had been added to provide waterfront amenities.
Ms. Glas clarified that item #5 was a specific condition in order for the applicant to have traffic
concurrency certification, and the private golf needed to be just for the residents and not open to
public membership. Cross section EE was referred to in order to clarify the amount of land available
along the turnpike for planting. The berm was discussed.
Siro DeGasperis, President of PGA Property Owners Association, stated he wished to express
opinions of the PGA National residents. Mr. DeGasperis explained that the residents had requested
the additional lanes be to the north, to which the petitioner had agreed; however residents were still
Planning & Zoning Commission Minutes
• July 27, 1999
concerned about potential noise. Taylor Woodrow had indicated they would work with the residents
as the project progressed to find a solution to some type of noise barrier, although they had stated they
would not build a wall. Mr. DeGasperis stated he wanted to go on record that the 13,000 residents
of PGA National had a concern with what would happen on the outside of the Golf Digest project and
any impacts to their residents along PGA Boulevard.
Henry Skokowski, agent for the petitioner, compared proposed changes to the approved master plan,
and explained that the revised golf presence on PGA Boulevard would increase the open space and
increase the distance from PGA Boulevard north 540 feet before there was any type of development
activity, and the wetland and upland preservation would have a substantial presence on PGA
Boulevard. Mr. Skokowski explained that 60% of the project was now open space and that there
were 80 acres less of residential development than previously. Mr. Skokowski expressed appreciation
for work done by Ms. Glas, and also by the City Engineer, who understood that a conceptual water
management permit was needed in order to develop the project. Mr. Skokowski stated that
petitioner's argument to the City would continue to be that they were not looking for a permit but were
looking for master plan zoning approval and development order which would allow the petitioner to
continue to develop detailed plans -- including landscape plans -- knowing it was petitioner's
responsibility and risk to get a permit or a revised permit from the water management district. Mr.
Skokowski discussed the landscape issue, and commented that a plan needed to be based on all
existing conditions; and that until the petitioner was able to rely on a specific parkway section plan
• it was very difficult to authorize a landscape architect to produce dozens of design drawings- -which
would be reviewed by the City Forester and City Council. Mr. Skokowski expressed the petitioner's
interest in moving the landscape plans forward. Mr. Skokowski reviewed the roadway sections for
the standard 4 -lane roadway section which would have been required if Golf Digest had not
intervened, and the proposed 4 -lane roadway section, which he explained had been shifted as far
north as possible because all utilities would be put underground. Mr. Skokowski discussed drainage
on the PGA side of the road, which he believed would be addressed as part of the roadway expansion,
and that drainage not captured in that area today would be captured per the new standards of both
Water Management and DOT, which should alleviate future flooding. Mr. Skokowski reported
petitioner's representatives had met with residents. Mr. Skokowski explained that impacts could be
mitigated - -in response to a question whether something could be done to enhance the berm and provide
additional landscaping. Mr. Solomon suggested imposing maintenance conditions for the golf courses,
to which Mr. Skokowski responded that he believed quality maintenance would be provided without
such a condition. Optional fencing was discussed; condition #2 regarding issuance of a permit was
discussed; condition #5 was agreed to by the petitioner; and possible planting of trees and shrubs in
Seacoast Utility easements was discussed with a Seacoast Utility representative. Mr. Skokowski
discussed the percentages of changes in different sections since the previous plan, where green space
had been reduced, water had increased, and paving had remained the same. Jim Harvey of Taylor
Woodrow explained the factors which had driven the increase of water in the project. Mr. Glidden
responded that a large part of the water increase was between the road and the turnpike and therefore
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was not contributing to any home site value, and questioned whether some of that area could be
changed back into green space. Mr. Cruz commented that the parkway must be consistent with the
Comprehensive Plan. Mr. Rauch questioned the makeup of the buffer between the parkway and the
water, for which options presented by Mr. Skokowski were a combination of berms, walls, trees,
hedges. Mr. Glidden commented there was now less impact than when this project was originally
presented and less density than in Ballenlsles or PGA National, and that the buffers were substantial;
and stated that his concern was the large percentage of water and lack of information regarding
landscaping. Chair Channing questioned whether there were golf courses within the parkway. Mr.
Skokowski explained there were no golf drop zones included in open space calculations for this
project. Ms. Glas explained that utilities representatives had indicated they no longer placed utilities
in road right -of -ways since they could be required to be moved at any time. The right -of -way widths
were stated to be 120 feet. Mr. Charming stated he did not consider the north/south road a parkway
and recommended heavy landscaping on the left side similar to that provided in BallenIsles with a
widened berm and wall. Mr. Channing commented that detailed landscape plans were needed in order
to evaluate how open the view would be and stated petitioner must at least show the percentage of
roadway that would be open on the east and west and how much would be berms or walls or
landscaping, and how much would be open; and insisted the street be made memorable. Mr.
Channing commented that the views into the golf areas made it better.
John Gray, 20 Berwick Road, requested that the Commission do everything possible to lessen the
• impact to property values of the homes backed up to PGA Boulevard, and explained that his home had
been for sale for eight months with no offers because potential buyers did not know how the widening
of the road would affect the properties.
Andrew Dulcie, homeowner at PGA National, requested that the Commission require the very best
landscaping, drainage system, and sound barriers for the south side of PGA Boulevard. Mr. Dulcie
expressed concern that approximately 70 residents in PGA National never received any of the three
letters supposedly sent out regarding this project.
Mindy Lowe stated her home backed up to PGA Boulevard and there was such a minority of homes
that backed up to the roadway that the POA and majority of PGA National residents did not care, and
because there were so few people impacted they could not get anything done within their own POA;
and requested that the developer build a wall on the east /west side of the roadway.
Joann Yeager, PGA National resident, expressed concern there would be too many traffic lights,
creating future traffic problems.
Andrew Dulcie commented he had spoken to DOT, and they had no problem taking the road widening
farther north. Mr. Skokowski explained that was DOT criteria and the developer had to consider
wetland areas and utilities issues. Mr. Skokowski also commented that their office received a property
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owners list from the Property Appraisers Office from which notices were mailed; and stated there was
a sign on the property. Loren Brissett reported two analyses had been done using the 2020 traffic
model, which indicated the projected volume of traffic with 4 lanes would be less than the adopted
level of service for the year 2020. After speaking with the developer, Mr. Skokowski offered to
increase the area of landscape buffer to range between 20' and 40' to address Chair Channing's
concerns. Mr. Channing responded that detailed /conceptual landscape plans for the north -south lake
were needed, containing percentages of different treatments on either side of the road so that the
Commission would be able to understand the character of the landscaping in the public realm. Mr.
Skokowski requested the Commission recommend to the City Council that the north -south section be
reviewed by the City Council. Chair Channing stated he wanted to review it and not impose that upon
the City Council. Discussion ensued. Mr. Glidden asked whether staff would be comfortable with
review only by City Council, to which Ms. Glas responded staff did not know if a revised plan would
resolve staff concerns. Mr. Glidden stated it would be subject to staff approval. Ms. Carlino stated
she did not want to discourage petitioner from widening the roadway. Mr. Solomon recommended
moving this petition along to City Council with the condition that staff first approve the conceptual
landscape plan. Mr. Nedvins suggested that since it would take 1 -1/2 years to build the project
infrastructure, that the petition could be approved with the condition that no homes could be built until
landscape plans for the parkway were presented. Ms. Glas explained that no homes could be built
until landscape plans for the parkway were submitted to City Council. Mr. Glidden suggested that
a condition of approval be that the landscape plans for the parkway first come to the Planning and
• Zoning Commission. Consensus was that the Commission agreed with the buffer width being an
average of 30 feet. Chair Channing suggested that on the east side 20 -25 % would be the maximum
visual buffering next to the road, and 70% on the other side (the residential side) of the road. Ms.
Glas expressed staff concerns regarding conditions 59 and 25. Ms. Carlino stated condition 59 was
not an issue with her, but expressed concern regarding utilities on page 8 of the staff report. Ms.
Skokowski explained that the utilities had been moved to the non - residential side of the road, which
was the side for which less landscaping was proposed.
A resident requested that residents be provided with the ruling regarding notification, including when
it was implemented, and why. City Attorney Post responded that so far as due process to the
petitioner there was absolutely no issue, and asked that the petition not be delayed because of this
matter. Attorney Post explained that the landscape plan was required and was not an issue as far as
time and due process, and she believed that issue had been resolved. Regarding due process to the
adjacent neighbors, Attorney Post commented staff had done an excellent job of notification, which
had actually gone beyond the scope of the code, and due process was not an issue.
Chair Channing declared the Public Hearing closed.
Mr. Cruz addressed comments which had been made regarding traffic concerns, stating that traffic
lights and road widening were responses to traffic and did not create traffic, and were required by
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traffic standards. Mr. Cruz explained he could not support approval tonight since he believed issues
could be addressed. Mr. Cruz discussed the conceptual water management permit condition and
recommended petitioner proceed if they had a good comfort level with the City Engineer, and that the
Commission accept condition 2. Mr. Solomon agreed with accepting condition 2, but requested
revision of condition 59. Mr. Solomon stated he preferred there be no fences along the north south
parkway. Mr. Glidden commented that staff's issues should be addressed. Mr. Glidden questioned
the anticipated time of disruption of PGA Boulevard. Bob Cain, Mock Roos Engineers, responded
construction was expected to last one year. Mr: Glidden recommended if the petition was moved
forward that the complete landscape plan come back to this Board prior to any improvements to the
right -of -way or to the infrastructure and within a specified time period, and suggested how the design
could be created. A poll of the Board regarding whether to move forward was recommended. Mr.
Skokowski responded to Mr. Nedvins he had no problem with condition 59; Mr. Nedvins stated he
did not believe condition 59 was needed. Chair Channing questioned the location of utilities, to which
Ms. Glas responded that utilities were now in the right -of -way and if shifted into the parkway there
was concern that there would not be sufficient landscaping in the parkway; and the utility companies
were telling the City that the utilities had to be outside the right -of -way. Discussion ensued.
Conditions 2 and 25 were discussed and explained. Ms. Glas explained the issue of whether drainage
concurrency was being met. The status of the SFWMD permit was reported by Jim Harvey to be
going through the process of modification with SFWMD and petitioner's position was they had a
permit and the original conditions of approval required any modifications be submitted to the City,
• which they had done, and that they would continue to work with staff as they went through this
process. Discussion ensued. Mr. Harvey stated he expected the revised permit to be received in
October, and that for tonight petitioner was accepting the condition of approval.
Diane Carlino made a motion to move Petition PCD -99 -01 forward to the City Council with the
recommendations for conditions of approval as noted by staff with item Al on page 9 to be
deleted, with item 2 to stand pending staffs decision, and all other conditions on pages 9 and 10
to remain as stated with the inclusion of a landscape plan to be prepared and reviewed by staff
prior to consideration by City Council for the north -south roadway section, containing additional
landscaping, and that the buffer be a minimum of 30' average width on the north -south road.
Condition A2 was discussed and determined that it could be eliminated. Mr. Nedvins seconded
the motion. During discussion of the motion, Mr. Channing recommended that the landscape
plan for the north -south parkway be resubmitted to the Board for approval prior to proceeding
to City Council. Mr. Glidden recommended that a section be designed and submitted to staff
for information only, for approval before going to City Council, but that the entire plan be
submitted to the Planning and Zoning Commission. Staff recommendation was that section EE
be modified or a subsequent section addressing the turnpike perimeter be inserted, with plans
coming back to the Commission for review before City Council approval. Ms. Glas commented
that item 16 on page 5 would need to specify that the north -south parkway landscape plans would
need to come back to the Planning and Zoning Commission before going on to City Council. Mr.
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Channing agreed, but requested language regarding landscaping on either side of the right -of-
way that the western side be heavily landscaped to form a visual buffer for no more than 75%
of the extent of the roadway on the north -south lake, and the westerly and easterly side be no
more than 25% landscaped; and that the turnpike buffer be enhanced to create the visual ledge.
The City Attorney advised that the Chair could not make amendments to a motion. Mr.
Glidden therefore made an amendment to the motion that the detailed landscape plans come back
to the Planning and Zoning Commission for approval before those landscape plans went on to
City Council. Ms. Carlino accepted the amendment. The amendment was seconded. During
further discussion, Mr. Solomon requested that item 16 be stricken from condition 8 since it had
been modified by the amendment to the motion, and that condition 34C be deleted. Ms. Carlin
accepted the amendment and the amendment was seconded. Motion carried 6 -1 with Mr. Cruz
opposed.
Public Hearing - continued from 7113199 and to be further continued
Petition PCD- 99 -05: Regional Center DRI /PCD Amendment Relating to the
Commercial /Office /Business Square Footage
Mr. Kenneth Blair, agent for Catalfumo Construction Company, is proposing a change to the
DRI /PCD, which includes an increase in the amount of regional commercial square footage from
1, 390, 000 s. f. to 1, 440, 000 s. f. and reduces office- business square footage from 1, 210, 000 to
• 1, 091,800 s.f. and designates particular parcels on the master plan as being potential sites for
regional commercial use. The subject property is located north of PGA Boulevard between Alternate
AIA and Prosperity Farms Road. (5 &6- 42S -43E)
Diane Carlin made a motion to continue the Public Hearing for Petition PCD -99 -05 to
August 24, 1999. Mr. Nedvins seconded the motion. Motion carried 6 -0. (Mr. Glidden was
out of the room).
Public Hearing
TXT- 99 -09: Zoning Text Amendment Regarding Landscaping and Ve- etation Protection
A City- initiated zoning text amendment application to amend Chapter 98, Landscaping and
Vegetation Protection, in the City's Land Development Regulations. Staff is recommending that
the advertised public hearing be continued to 8110199.
Chair Channing declared the Public Hearing open. There were no comments from the public.
Diane Carlino made a motion to continue the Public Hearing for Petition TXT -99 -09 to August 10,
1999. Mr. Solomon seconded the motion. During discussion of the motion, Mr. Glidden expressed
difficulty with the 5' foundation planting around the entire building, drive up windows, porte cochere
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situations, parking spaces with a covered walkway with planting strips next to them, and suggested
using a percentage of the perimeter of the building and offered to help staff address some of these
concerns. Chair Channing suggested formulating broad statements of principle as opposed to specific
things which would tend to inhibit design. Mr. Nedvins commented he believed it would be better
to have a statement of what could be done and what could not be done rather than negotiating broad
statements. Motion carried 7 -0.
Workshop
Petition TXT- 99 -10: Zoning Text Amendment Regarding Excavation and Fill
A City- initiated zoning text amendment application to amend the City's land development regulations
regarding excavation and fill "ill activities and borrow pits.
Principal Planner Steve Cramer reviewed the staff report. Mr. Solomon commented that borrow pits
were ugly with bad water quality and recommended having none; suggested that no mining on
unplatted lands should be changed to indicate no mining on platted or unplatted lands; that on page
2 under definition of "borrow pit" that "excavation of soil" be changed to "excavation of soil or other
material"; and that the definition of "borrow pit operations " could be worded better; that it should
be specifically stated that the description of "excavation and fill operations" should exclude borrow
pit operations and the definition should be clarified to be on the same parcel or on a contiguous parcel
owned by the same party and when finished if there was 10 % or 20 % more fill than had been needed
that could be sold; that on page 3 of the staff report at the end of the definition of "Mane" to add "oil,
gas, or other valuable material or property "; that under "mining operations " after "excavation of
minerals" to add "or other materials"; that "mining operations" should include borrow operations,
that in Section 2 (a) after the word "nuisances " to add "and other similar conditions "; that in Section
2(a)(1) to omit the word "Irregular" and change "that becomes stagnant" to "could become stagnant"
and grammatically correct the introductions to each of the subparagraphs. In Section 2(a)(2) add
"Creation or at the beginning of the first sentence and in Section (2)(a)(4) after "impossible" add
"or infeasible or impractical "; in Section (2)(a)(4) change "now being used" to "which hereafter may
be used"; in Section 94 -2 (a) change "only for excavation " to "substantially or solely for excavation ".
Ms. Carlino questioned whether there were any time limits on borrowing to which the response was
there was none. Mr. Cruz questioned why line Section 94 -3(a) the City appeared to be last in line for
permits and suggested wording be changed so that other permits would be issued before the City's
permit.
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OLD BUSINESS
There was no old business to come before the Commission.
NEW BUSINESS
Al Jacobs, 4376 Holly Drive, reported the house next door to his had been sold as an ALF and he was
requesting help from the City because nearby residents believed this was not an appropriate location
for an ALF. Growth Management Director Roxanne Manning responded staff was fully aware of
this situation and had spoken with the property owners, and explained that staff was now in the
process of determining what type of state license had been issued to the property owners, and that
there was a type of state license which allowed a single family resident to have six or fewer elderly
residents in their home. Ms. Manning explained that specific state statute overrode local zoning;
however, local zoning still applied for parking, etc. Research had indicated no complaints on other
similar homes in the neighborhood. Mr. Jacobs expressed concern that the neighborhood was being
inundated with too many of these facilities, and that he would not be able to sell his home because of
the facility. Discussion ensued. City Attorney Post clarified there were numerous different types of
homes which under Florida Statutes had different regulations and differed as to whether a city could
further regulate them; and if they could do so, their ability to further regulate varied according to the
type of home, type of service allowed, and type of license. Attorney Post explained that the City
Attorney's office was now in the process of analyzing the different statutes as to the different types
of homes, the operations allowed, the licenses required, and the City's ability to regulate them.
Attorney Post stated she would notify Mr. Jacobs of her findings. Mr. Jacobs requested the rights of
the people directly affected also be researched. Mr. Jacobs was told that the City Attorney would let
him know whether the City could deny the application.
Workshop
City Center Overlay Implementation
Growth Management Director Roxanne Manning reported there had been a recent workshop regarding
the City Center Overlay after which staff had had several meetings and was in the process of
developing language to apply to the City Center, regardless of who owned it or who developed it,
and that the zoning overlay was expected to come through within two months. The zoning overlay
would be based on the information that came out of the workshop. Ms. Manning explained that a
pattern book of approximately 20 pages would contain information on architectural styles and
materials, not to limit creativity but to assure quality development, and would contain a palette of
landscape materials and street cross sections. Discussion ensued. Ms. Manning explained that there
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could be flexibility regarding traffic concurrency regulations, and the City could make a conscious
decision to slow traffic in specific areas or provide linkages to allow people to get off the main road,
which could be done by CRALLS as well as by other means. Ensuing discussion concerned level of
service. The development of the pattern book was discussed. Mr. Glidden requested roof top
equipment be addressed in the near future
ITEMS BY CITY COUNCIL LIAISON
There were no items by the City Council Liaison.
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ADJOURNMENT
There being no further business, the meeting was adjourned at 10:40 p.m. The next meeting will be held
August 10, 1999.
APPROVED:
Diane Carlino
Dennis Solomon
Craig Kunkle, Jr.
Dame ruz
Ted Rauch, Alternate
Joseph Love, Jr., Alternate
Jackie an, Secretary
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•
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:40 p.m. The next meeting will be held
August 10, 1999.
APPROVED:
Diane Carlino
Dennis Solomon
Craig Kunkle, Jr.
Dame ruz
Ted Rauch, Alternate
Joseph Love, Jr., Alternate
Jackie an, Secretary
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