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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