HomeMy WebLinkAboutMinutes P&Z 012396CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
January 231996
MINUTES
The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach
Gardens, Florida, was called to order by Chairman Carl Sabatello 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 Secretary Melissa Prindiville:
Present Absent
Carl Sabatello, Chairman
Diane Carlino, Vice Chair
John Glidden
Phillip Lyddon
William Mignogna
Thomas Pastore
. Christopher Jones, Alternate
Tom Paganini, Alternate
Also present at the meeting were City Council Liaison David Clark, Assistant City Manager
Greg Dunham, Assistant City Attorney Paul Golis, Planning and Zoning Director Richard
Walton, and Principal Planner Bristol Ellington.
ITEMS BY PLANNING AND ZONING DIRECTOR
There were no items by the Planning and Zoning Director.
ITEMS BY CITY COUNCIL LIAISON
There were no items by the City Council Liaison.
APPROVAL OF MINUTES:
Minutes of January 9. 1996 - Vice Chair Diane Carlino made a motion to approve the minutes
as submitted. The motion was seconded by Mr. Phillip Lyddon. The motion was approved by
a 7 -0 vote.
• Planning & Zoning Commission Minutes
January 23, 1996
Chairman Sabatello read a letter of resignation from Daniel Honig, asking that the Commission
accept his resignation because his personal commitments had recently caused him to be absent
from numerous meetings, and stated that he would be more than happy to serve the City in
special projects which could work with his personal schedule. Chairman Sabatello stated that
Mr. Honig's expertise and humor would be missed.
SITE PLAN AND APPEARANCE REVIEW
Assistant City Attorney Golis advised that Petition CU -95 -07 and Petition SP- 95 -16, which were
from the same applicant, could be joined into one agenda item.
Workshop: Petitions CU -95 -07 and SP- 95 -16, by Norman Benz, agent for Covenant
Community Church, is requesting site plan and conditional use approvals to convert a
14,181 square foot metal warehouse building to a church. The 4.4 acre site is zoned Ml -A,
Light Industrial District, and is bounded on the east by Riverside Drive, on the north by the
Thompson River, and on the west by Interstate -95. (7- 42S -43E)
Principal Planner Ellington reviewed the staff report dated January 18, 1996.
• Pastor Norman Benz, agent for the petitioner, commented that the petitioner was converting a
warehouse that had been an eyesore into an asset for the City.
Chairman Sabatello requested a paint color sample, which Pastor Benz reported had been
provided to staff. Planning and Zoning Director Walton explained that signage was not required
to go before this Board. Pastor Benz commented that the lot would not be altered except for
cutouts for landscaping, and that the parking existed as shown on the plan. Mr. Ellington stated
that there was a lighting plan which showed additional parking lot lighting. Chairman Sabatello
asked whether the fence around the dumpster would be landscaped. Pastor Benz responded that
the fence would be slatted. Mr. Lyddon questioned whether the shed area was the area
considered contaminated, to which Pastor Benz responded that the contaminated area was a 20'
x 20' slab in front of the shed. Mr. Lyddon commented that assuming the contamination was
taken care of that he had no other concerns. Pastor Benz verified that some of the asphalt would
be cut out for the hedge. Mr. Glidden suggested that cutting more of the asphalt out to
accommodate 6 -8 feet of landscaping along the north side of the building would be an
improvement. Mr. Glidden commented that from the plan there appeared to be insufficient
width to accommodate two -way traffic at one location, and asked the petitioner to check that
situation. Mr. Glidden stated that if this were coming in as a new plan a curb cut would be
required and that if there were any way to re- examine the entrance that a lot would be gained
by moving it further to the north along Riverside Drive, and requested that the petitioner look
at that in the context of what they were tearing out and reworking, to determine if there was a
2
• Planning & Zoning Commission Minutes
January 23, 1996
possibility of making a curb cut. Pastor Benz stated that no new paving was contemplated. Mr.
Glidden suggested an option of possibly obtaining approval to make a future curb cut at the
northern corner of the property by eliminating one or two parking spaces if traffic congestion
became a problem.
Robert Elen spoke in support of the petitioner, and explained that he was with the Palm Beach
County Traffic Department. Mr. Elen explained that moving the entrance northward would
place it closer to the intersection at Burns Road, which could cause stacking problems. Mr. Elen
stated he did not believe this would be an issue since there was very little traffic on Riverside
Drive and less on Sunday mornings. Mr. Glidden explained that he was not concerned with
outside traffic, but with the traffic created by the churchgoers. Chairman Sabatello requested
that the petitioner study this situation. Mr. Mignogna asked how many church services there
would be on a Sunday, to which Pastor Benz responded there would only be one service. It was
explained to Pastor Benz that he would leave this meeting with a list of concerns which could
be addressed between this meeting and the next meeting, and if he felt this suggestion had merit
it could be incorporated into the plan he would bring to the next meeting. Chairman Sabatello
stated that it would not delay the process as far as this Commission was concerned. Director
Walton explained that since there were three weeks before the next meeting that the City
Engineer would have sufficient time to review the change and the process would not be delayed.
• Pastor Benz verified that the open area shown on the plan was for vehicular access to the
recreation field. Vice Chair Carlin requested elaboration regarding the Counseling Center and
Art Center and when they would be used. Pastor Benz explained that professional counseling
would be done at the Counseling Center during administrative hours. The Art Center would
offer training in instrumental music and drama for children and adults, most of which would
occur during administrative hours. Mr. Jones agreed with traffic comments made by Mr.
Glidden, and commented on the following items in the plan which needed consideration by the
petitioner: parking spaces which were dimensionally incorrect; a building exit which led out into
parking spaces, circular dead ends, and the need for a canopy at the entrance. Mr. Paganini
questioned the roof material, to which Pastor Benz responded that the roof was metal and would
be repainted with white paint. Mr. Paganini asked whether there would be a problem providing
the maintenance easement for the Thompson River. Pastor Benz explained he had advised the
owners of the situation and they would make a decision. Mr. Ellington clarified the area
maintained by the City, explained that the overgrown area was proposed be cleared with this
project, but that with the fence location maintenance could not continue, which was a concern
in light of the recent flooding. Mr. Glidden requested that the petitioner provide additional color
samples on the less intense side of mauve, in addition to the light mauve paint sample proposed.
Chairman Sabatello summarized that the two concerns were the entrance and the size of parking,
specifically in the 87 -90 parking spaces area. Mr. Glidden requested that staff consult with the
City Engineer to determine if there would be any problems with placing an optional curb cut to
the north. Mr. Glidden commented that if the City Engineer had a problem with an optional curb
cut so close to the intersection , then perhaps the main entrance could be moved further to the
3
• Planning & Zoning Commission Minutes
January 23, 1996
north as a future option.
In summary, the Planning and Zoning Commission/Site Plan and Appearance Review Committee
discussed the above - referenced petitions and made the following comments:
1. Please provide a color sample of the exterior paint proposed for the building. The
Commission recommended that several "back -up" color samples be provided if the
proposed color is not found to be acceptable.
2. The Commission suggested removing six to eight feet of asphalt adjacent to the building
in order to increase the foundation planting.
3. The Commission questioned whether there is adequate room for two -way traffic at the
northwest corner of the parking lot.
4. Reexamine the location of the existing curb cut in order to improve the internal parking
lot circulation. Consider relocating the curb cut further to the north or opening a second
curb cut. The Commission indicated that the petitioner should coordinate with the City's
Engineer to determine whether either scenario is feasible.
• 5. Concern was raised with the dimension of parking spaces 87 through 90.
6. Address the comments raised in Assistant City Engineer Lynnette Lanning's January 17,
1996 and January 25, 1996 memorandums (attached).
7. Please revise the development plans to reflect a 12 -foot separation from the edge of bank
of the Thompson River to the
A public hearing was scheduled for the conditional use petition at the February 13, 1996
Planning and Zoning Commission.
Recommendation to the City Council: Petition P- 95 -26, by Henry Skokowski, agent for
BallenIsles Development Company, is requesting site plan approval for the construction of 26
single - family detached custom residential units on 15.91 acres on Parcel 9 in the BallenIsles
Planned Community District (PCD). (13 &1442S42E)
In accordance with regulations, Chairman Sabatello disclosed that his company was a builder
in BallenIsles and had been since its inception, and would continue to build there. Chairman
Sabatello stated that in the near future his company would negotiate on some of the individual
lots under a builder program which consisted of many builders. Chairman Sabatello stated that
. 4
• Planning & Zoning Commission Minutes
January 23, 1996
he would be a part of the discussion, and that he would step down at voting time.
Principal Planner Bristol Ellington reviewed the staff report dated January 19, 1996.
Henry Skokowski, agent for the petitioner, stated that the petitioner agreed with the comments
and the language in the eight conditions. Mr. Skokowski commented that at the time of approval
of the master plan it had been agreed that either parcel 9 or parcel 6A would provide through
access, and advised that the petitioner would prefer to provide the through access on parcel 6A.
Mr. Skokowski briefly reviewed highlights of the petition.
Mr. Jones questioned entry signage. Mr. Skokowski explained that there would be an entrance
sign in the median which would be designed later and submitted for approval by the City
Council. Mr. Glidden asked whether the Planning staff had seen any negatives to the through
access on Lot 6A. Mr. Ellington responded that the Fire and Police Departments had reviewed
the matter and had no concerns, and that it met Code with regard to turn around provisions for
cul -de -sacs. Mr. Ellington verified that staff was satisfied with the cul -de -sac and dead -end
drive. Chairman Sabatello questioned whether the pedestrian walkways which came out onto
Fairwinds were intended for golf cart use, to which Mr. Skokowski responded that he believed
none of the walkways along Fairwinds were used for golf carts. Chairman Sabatello requested
• that precautions be taken with signage and landscaping for maximum visibility. Mr. Glidden
questioned the lot sizes, to which Mr. Skokowski responded that they were 85'x 155', or 3/10
acre each.
Mr. Jones made a motion to recommend approval of Petition SP -95 -26 subject to the following
staff conditions:
1. Prior to this petition being scheduled before the City Council, the development plans
shall be revised to reflect the following:
a, relocate the light pole proposed at the southeast side of the northern cul -de -sac to
avoid potential conflicts with fire safety vehicles.
b. Provide an additional light pole adjacent to Lot 16.
C. Add a note to the Preliminary Planting Plan indicating that the separation of the
proposed street trees and light poles from Seacoast Utility Authority lines are
subject to review and approval of Seacoast Utility Authority.
2. Prior to this petition being scheduled before the City Council, the Petitioner shall submit
the results of a title search to verify all easements, restrictions, reservations and rights -of-
way of record.
5
• Planning & Zoning Commission Minutes
January 23, 1996
3. The 50 -foot FPL Easement and the 6 -foot Anchor Easements of record as reflected on
the Boundary Survey shall be abandoned prior to platting.
4. The roadway providing legal access to Parcel 9 shall be constructed and open to the
public prior to the issuance of a Certificate of Occupancy for the first residential unit and
also prior to allowing public access to model homes.
5. The Holly Drive cul -de -sac shall be platted with the platting of Parcel 9.
6. The final surface water management system, that is necessary to serve Parcel 9, shall be
constructed with Parcel 9 in accordance with the revised Conceptual South Florida Water
Management District Permit.
7. The water main inside Parcel 9 shall be looped to Fairwinds Avenue as requested by
Seacoast Utility Authority.
8. The Construction Plans shall reflect the removal and/or relocation of the "8 -foot wide
Cart Path" and the "Existing Golf Course" that is located on Parcel 9.
• Motion was seconded by Mr. Glidden. Motion carried by a vote of 6 -0, with one abstention by
Chairman Sabatello.
Recommendation to the City Council: Petition P- 95-27, by Henry Skokowski, agent for
BallenIsles Development Company, is requesting site plan approval for the construction of
20 single - family detached custom residential units on 8.52 acres on Parcel 19B in the
Ballenlsles Planned Community District (PCD). (13 &14- 42S -42E)
Principal Planner Ellington reviewed the staff report dated 1/18/96.
Mr. Skokowski agreed with staff comments.
Mr. Mignogna questioned the number of conditions in the staff report. Mr. Ellington verified
that there were six, and that the last one was numbered "7" in error. Chairman Sabatello
questioned whether a landscape buffer was planned between the rest area and the main spine
roadway. Mr. Welin commented that there would be a continuous landscape buffer, and would
be shown in the spine road landscaping plan. Chairman Sabatello questioned the location of the
pedestrian walkway, which Mr. Skokowski pointed out on the plan.
Vice Chair Carlino made a motion to recommend approval of Petition SP -95 -27 subject to the
following staff conditions:
• 6
• Planning & Zoning Commission Minutes
January 23, 1996
Prior to this petition being scheduled before the City Council, the development plans
shall be revised to reflect the following:
a, add a note to the Preliminary Planting Plan indicating that the separation of the
proposed street trees and light poles from Seacoast Utility Authority lines are
subject to review and approval of Seacoast Utility Authority.
b. Provide a typical road section for the 38 -foot right -of -way.
C. Identify the golf course shelter /rest room facility proposed adjacent to Lot 20.
d. Reflect the deletion of the teardrop island adjacent to Lots 2 and 20.
2. Prior to this petition being scheduled before the City Council, the Petitioner shall submit
the results of a title search to verify all easements, restrictions, reservations and rights -of-
way of record.
3. The roadway providing legal access to Parcel 19B shall be constructed and open to the
public prior to the issuance of a Certificate of Occupancy for the first residential unit and
• also prior t allowing public access to model homes.
4. The existing overhead utility lines, guy wires, and wood poles located within the project
boundary as reflected on the Boundary Survey shall be removed prior to the issuance of
the building permit for the first residential unit.
5. The final surface water management system, that is necessary to serve Parcel 19B, shall
be constructed with Parcel 19B in accordance with the revised Conceptual South Florida
Water Management District Permit.
6. A water main loop shall be required to connect to Parcel 6B as requested by Seacoast
Utility Authority.
5. The Holly Drive cul -de -sac shall be platted with the platting of Parcel 9.
6. The final surface water management system, that is necessary to serve Parcel 9, shall be
constructed with Parcel 9 in accordance with the revised Conceptual South Florida Water
Management District Permit.
7. The water main inside Parcel 9 shall be looped to Fairwinds Avenue as requested by
Seacoast Utility Authority.
7
Planning & Zoning Commission Minutes
January 23, 1996
8. The Construction Plans shall reflect the removal and/or relocation of the "8 -foot wide
Cart Path" and the "Existing Golf Course" that is located on Parcel 9.
Motion was seconded by Mr. Glidden. Motion carried by a vote of 6 -0, with one abstention by
Chairman Sabatello.
Mr. Glidden requested staff clarification regarding when a member could participate in
discussion and step down from voting because of conflict of interest. Assistant City Attorney
Golis clarified that the State statute allowed participation in a situation which would inure to
special private gain or loss after first disclosing the nature of the conflict of interest; however,
that person must abstain from voting. Assistant City Attorney Golis noted that Section 6 of the
City's resolution did not allow either participation or vote, and stated that he wished to discuss
this matter with City Attorney Baird since it was in conflict with the State statute, and would
report the results of their conference at the next meeting. Mr. Glidden stated that it was also an
issue whether another member came up or not for the discussion.
OLD BUSINESS
• There was no old business to come before the Commission.
NEW BUSINESS
There was no new business to come before the Commission.
• 8
Planning & Zoning Commission Minutes
January 23, 1996
ADJOURNMENT
There being no further business, upon motion by Vice Chair Carlino, seconded by Mr. Glidden,
and unanimously carried, the meeting was adjourned at 8:35 P.M. The next meeting will be
held February 13, 1996.
APPROVED:
0
Carl Sa6atello, Chairman
Diane arlino, Vice Chair
lidden
pia
Phillip Ly on
William Mipgnogna
�C
A - /' - A, ,
402,44=0 .4, , -�'w Z'44'14
Melissa Prindiville, Secretary
C]
6
-
IVYOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minute
• of the meeting. who should incorporate the form in the minutes.
40
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1. �`� . hereby disclose that one 23 19 G (o
(a) A measure came or will come before my agency which (check one)
V— inured to my special private gain; or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
P00 q
�a� �.� --�
q c�
Date Filed
\,o L
, by whom I am retainec
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317 (1985). A FAILURE TO MAKE ANY REQUIRE
.DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIN(
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE Ok EMPLOYMENT. DEMOTION. REDUCTION I
SALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $5.000.
E FORM as • io-n PA