HomeMy WebLinkAboutMinutes P&Z 021495•
CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
FEBRUARY 14, 1995
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 Chairman Sabatello:
Present Absent
Carl Sabatello, Chairman Christopher Jones, Alternate
Diane Carlino, Vice Chair Tom Paganini, Alternate
John Glidden
Phillip Lyddon
Daniel Honig
William Mignogna
Thomas Pastore
Also present at the meeting were Assistant City Manager Greg Dunham, and Assistant City
Attorney Paul Golis.
ITEMS BY PLANNING AND ZONING DIRECTOR
Mr. Richard Walton, Planning and Zoning Director, explained that each member of the
Planning and Zoning Commission had been given a memo written by the City Attorney
regarding exparte communication and a copy of a resolution by the City Council regarding
conflict of interest, and that the members would receive another memo regarding the Sunshine
Law. Assistant City Attorney Paul Golis stated that in the Jennings case the Florida Supreme
Court had discouraged exparte communication but ruled that if such communication took place
that it be disclosed on the record; however, a recent opinion by the Attorney General given
since the City Attorney's memo regarding the Jennings and Snyder cases had discouraged
exparte communication completely between a Board member and a petitioner. Assistant City
Attorney Golis explained that a bill submitted to the Florida legislature in the current session
could clarify this matter; however, in the meantime no exparte communication should take
place. Chairman Sabatello discussed how to communicate this ruling to petitioners so that all
of their communication would be directed to staff and not to any Commission members. Mr.
Dan Honig suggested that a set of rules be prepared for petitioners regarding who they could
contact and how they could contact them and stating that if they failed to follow those rules that
it could harm their application. Regarding conflict of interest, Mr. John Glidden asked if he
abstained from voting on a project which came before the Planning and Zoning Commission,
• whether he would be precluded from presenting any information regarding that project to City
Council, to which Attorney Golis replied that he would be precluded from any presentation
Planning & Zoning Commission Minutes
February 14, 1995
before the City Council. In response to Mr. Glidden's question whether his firm could accept
any work in the City of Palm Beach Gardens if a project had to come before the City for
approval, Attorney Golis advised that when the project came before the Planning and Zoning
Commission that Mr. Glidden would recuse himself from voting and when the project came
before the City Council that another member of his firm would make the presentation and that
Mr. Glidden could not speak; and that a conflict of interest form would have to be filled out
within 15 days after he had recused himself.
ITEMS BY CITY COUNCIL LIAISON
No City Council Liaison was present at the meeting.
APPROVAL OF MINUTES:
Minutes of January 10, 1995 - Vice Chair Diane Carlino made a motion to approve the minutes
as submitted. The motion was seconded by Mr. Thomas Pastore. Mr. William Mignogna and
Mr. Phillip Lyddon abstained from voting. The motion was approved by a 5 -0 vote.
Minutes of January 24, 1995 - Vice Chair Diane Carlino made a motion to approve the minutes
• as submitted. The motion was seconded by Mr. Thomas Pastore. The motion was approved
by a 7 -0 vote.
SITE PLAN & APPEARANCE REVIEW COMMITTEE
Recommendation To City Council: Petition SP- 94 -21, by Henry Skokowski agent for
MacArthur Holding A, Inc., is requesting site plan approval to construct 48 lot semi - custom
single - family zero lot line residential homes on 12 acres on Parcel 29 in the BallenIsles Country
Club Planned Community District (PCD). (14- 42S -42E)
Mr. Bristol Ellington reviewed the staff report dated February 9, 1995.
During discussion regarding percentage of lot coverage, Mr. Ellington commented that these
homes were only semi - custom in the sense that architectural changes could be made and that
the square footages could not be increased. Mr. Skokowski stated for the record that
modifications to the units would not affect square footage. Mr. Skokowski objected to the staff
condition requiring the private park site improvements to be approved by the City Council and
stated that would set a precendent since common area improvements had not previously
required City Council approval. Planning and Zoning Director Walton reminded the applicant
that the City Council had approved the entrance, guardhouse landscaping, the temporary sales
area, the office, and the temporary landscaping at the Northlake entrance; as well as recent
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February 14, 1995
park improvement plans for Lake Catherine and the Oaks. Mr. Nadar Salour clarified that this
park was private while Lake Catherine and the Oaks were public parks. In response to
Chairman Sabatello, Mr. Skokowski stated that the primary reason he did not feel the private
parks within BallenIsles should be submitted for review was that any future changes desired by
the private community would be subject to public approval although the parks were not public
facilities. Ensuing discussion encompassed how other projects had been handled; the
appropriateness of imposing on homeowner control; the point at which review would need to
be done, i.e., addition of a building; the fact that the park was a requirement within this
development, and that staff was not trying to design the park but to ensure that trees were not
relocated to inappropriate areas within the park. Mr. Honig suggested that the words "park
design" in the last sentence in staff condition six be changed to "preliminary park review ", with
which the other committee members concurred.
Mr. Skokowski discussed staff conditions one and two which he felt would also set precendent
since condition one contained the words 'open to the public" and condition two referred to
"available to the public "; and that the BallenIsles community was private, not open to the public,
and that prospective home purchasers were escorted from the sales office to view home sites.
Mr. Skokowski commented that these references in conditions one and two had resulted from
the fact that prospective home purchasers would temporarily use the stabilized construction
road for access to the home sites and so had been required by the City Engineer. Planning
• and Zoning Director Walton responded that the subdivision regulations within the code
required a road open to the public prior to issuance of a Certificate of Occupancy. Mr.
Skokowski stated for the record that petitioner had been directed to work this out with the Fire
Department which was done and the Fire Department had no concerns; however, after that the
City Engineer had raised concerns. Planning and Zoning Director Walton clarified that the City
Engineer's opinion was that the road should be finished and open prior to issuance of the first
Certificate of Occupancy and that current access problems with other projects may have
initiated this condition. Chairman Sabatello stated that no decision could be made on this
matter since the Commission did not know the basis for the City Engineer's opinion at this
point. Mr. Honig suggested approval of the conditions as written subject to modification with
the agreement of staff and of the City Engineer. Chairman Sabatello asked whether it would
be acceptable to staff and to the petitioner if condition one were changed to state that
temporary and permanent access to this pod for whatever reason is "as per code ", to which both
agreed.
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Mr. Lyddon asked why the sidewalk variance would be appropriate to which Mr. Skokowski
responded that homes did not ring the cul -de -sac, that more landscaping could be provided, that
traffic to that area was limited, and that there were no hazards without the sidewalk. Mr.
Glidden verified with the petitioner that although the site plan referred to 57% maximum lot
coverage that petitioner would not increase the model footprints to that size. Mr. Honig
requested a stipulation that there be no more than 57% lot coverage at any time so that
homeowners who expanded their homes in the future could not increase the size of their homes
to the setbacks.
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February 14, 1995
Chairman Sabatello clarified for the record that there would be no changes to the square
footages of the approved models and that the only changes would be those listed on page 2 of
the staff report dated February 9, 1995.
Vice Chair Diane Carlino made a motion to recommend approval of this petition to the City
Council with the following changes to staffs recommendations: Number one should read "the
temporary and permanent east -west collector access roads shall be constructed to code prior
to the issuance of a certificate of occupancy for the first residential unit; number two should
state "the temporary stabilized construction access road to Parcel 29 shall be constructed to
code prior to the issuance of the first building permit; number six should eliminate "City
Council" and replace with "City Staff'; insert "preliminary" in front of the words "park design"
in the second sentence of number six; and number 11 should stipulate that maximum building
coverage shall not exceed 57 %. Mr. Pastore seconded the motion. Motion carried 7 -0.
Mr. Mignogna requested that the City Engineer be more specific in the future.
The following conditions were therefore unanimously recommended by the Site Plan and
Appearance Review Committee for approval of this petition by the City Council:
1. The east /west collector road shall be constructed according to code prior to the issuance
• of a Certificate of Occupancy for the first residential unit.
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2. The temporary stabilized construction access road to Parcel 29 shall be constructed
according to code, prior to the issuance of the first Building Permit.
3. Prior to the issuance of any land alteration and /or building permit for Parcel 29 and
surrounding amenities, including the temporary construction road, the developer shall
contact the FGFWFC and coordinate any permitting requirements pertaining to
protection of any listed specie, including but not limited to the Gopher Tortoises. The
City shall be copied on all permits prior to issuance of any land alteration and /or
building permit.
4. Areas that have been allowed to have vegetation or ground cover removed pursuant to
the approved site plan, and subsequently abandoned for any reason for more than three
months, shall be seeded with a ground cover or grass immediately upon request by the
City or the City shall have the work done at the owner's expense.
5. Prior to clearing or construction, trees or native areas designated for relocation shall be
tagged or roped off. Prior to land clearing, the developer shall relocate the trees /palms
or erect and maintain protective barriers around the drip line of the trees until
relocated. All work shall be inspected and approved by the landscape Architect of
Record and the City Forester prior to the issuance of any Building Department permit
requiring land clearing. Section 153.20 shall also be enforced during construction.
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February 14, 1995
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6. Prior to the issuance of the Certificate of Occupant for the first residential unit, the
neighborhood park along the east -west road shall be submitted for review and approved
by the City Staff. The proposed locations for the trees and palms relocated from Parcel
29 shall be included in the preliminary park design.
7. All tree relocation and landscape work shall be performed using current professional
landscaping standard. The Landscape Architect of Record shall monitor all tree
relocation work, all landscaping work, and any work that affects the outcome of the
approved landscape plans. The Landscape Architect of Record shall notify the City
prior to any modifications to the approved landscape plan.
8. All trees or palms designed for relocation that die during construction or because of
construction practices shall be replaced using the following schedule: For every inch of
tree caliper lost, three inches of new tree caliper shall be replaced with like specie. The
minimum replacement tree shall be three inches in diameter. Palms shall be replaced
with like specie one for one with a minimum 10' height.
9. Street trees and all associated lot landscaping, and any common area landscaping
adjacent to said lot shall be installed prior to the Certificate of Occupancy of said lot.
Prior to the issuance of the first and last Certificate of Occupancy for this parcel the
Landscape Architect of record shall certify in writing to the City that the landscaping has
been completed per the approved landscape plans shall be approved by the City Council.
Once the City has the certified letter from the Landscape Architect, the City Forester
shall inspect the site for compliance. Once compliance has been confirmed by the City
Forester, the City Building Department shall be notified.
10. The project shall abide by Resolution 2, 1993, which requires, prior tot filing of the plat,
that the petitioner shall post a bond for the installation of the infrastructure including
the common and project landscaping /buffer and entry feature.
11. Maximum building coverage shall not exceed 57 percent.
Workshop Meeting: Petition SP- 95 -01, by Henry Skokowski, agent for MacArthur Holding A,
Inc., is requesting site plan approval to construct 88 multifamily condominium units on 12.62
acres on Parcel 15 in the BallenIsles Country Club Planned Community District (PCD). (14-
42S-42E)
Mr. Bristol Ellington reviewed the staff report dated February 9, 1995.
Chairman Sabatello questioned whether lower density with less units would negatively impact
the City in terms of income to which Mr. Ellington responded that staff was concerned that the
petitioner might want to compensate for that loss later. Planning and Zoning Director Walton
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February 14, 1995
commented that this pod was suitable for 12 units per acre and some of the others would not
be, so that this would be the perfect location for the petitioner to use the higher density. Mr.
Honig suggested the petitioner confirm by letter their awareness that they were giving up
density and would not request use of that density later. Assistant City Attorney Golis stated
he would have no problem with such a letter as long as it was not assignable. Planning and
Zoning Director Walton clarified that staff would like to see this site at high density rather than
another site. Further discussion included the fact that density was not bankable, that each pod
was assigned a density range, and that the financial impact upon the City was unknown. Mr.
Ellington responded to Mr. Glidden that the petitioner wished to provide two parking spaces
per unit, and that one space would be in the garage and the other behind that space.
Henry Skokowski, agent for the petitioner, reviewed the site plan and specifically elaborated
on the parking configurations, pointing out that the code required one space per bedroom, but
explained that the petitioner was asking for a waiver to permit only two parking spaces for the
three - bedroom units since this project would house seasonal rather than year -round residents,
and that 33 spaces would be provided near the pool area which could be used for guest parking
or by a unit owner who needed to park a third car. Mr. Skokowski responded to Mr. Ellington
that the property owner could convert the den in the 2- bedroom units into an extra bedroom,
to which Planning and Zoning Director Walton contributed that typically a 2- bedroom unit with
an option to convert a den would be required to have three parking spaces. Discussion ensued
• whether to satisfy code or to consider an alternative. Mr. Pastore stated he believed he could
support the alternative. Mr. Honig stated that parking needed to provide for the "worst case"
and that two spaces per unit would not be enough at Christmas time; also people living in this
community would be driving golf carts from their units to the golf course and back and would
need parking for the golf cart. Vice Chair Diane Carlino stated she prefered open space and
less parking. Mr. Glidden commented that three car spaces per unit would be too intense, and
supported the waiver based on unit mix as presented. Mr. Lyddon commented that he believed
two spaces would be inadequate for the season. Mr. Mignogna supported three spaces per
house, especially due to the golf carts. Mr. Ellington pointed out that with the den /bedroom
option that the waiver would not be just for three - bedroom units but for all units. After further
discussion, Mr. Honig suggested a separate garage entrance for a golf cart, and Mr. Skokowski
was advised that he needed to determine how many three - bedroom units there were and
provide that information to staff, and to satisfy the concerns of the Fire Department.
•
Ken Weiss, Architect for the project, reviewed the architectural designs which he described as
island colonial style compatible with the BallenIsles development scheme using specialty
windows, shutters, quoins, pastel colors, banding on rear windows, raised stucco plinth, green
flat roof tile, driveway paver blocks, and precast lettering to identify units. Air conditioner
units would be at the side of the units with the air handler placed in a closet.
Chairman Sabatello commented that the applicant should be aware that policy would be
developed in the near future that any signage which needed to be considered for approval later
would return to the Planning and Zoning Commission for that approval before going on to City
Council.
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February 14, 1995
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The landscape architect, Mr. Wheland, described the landscaping for the project, to which the
committee members had no questions.
Mr. Skokowski requested staff support in working with the Fire Department in order to
continue this petition at the next meeting of the Planning and Zoning Commission. Chairman
Sabatello advised Mr. Skokowski to wisely use the time allotted and that the LDR guidelines
would be followed. Mr. Glidden pointed out that the number of three bedroom units would
have to be determined which might institute a change. Planning and Zoning Director Walton
commented if there was a change that all departments would need to provide their review,
which would take more time. The Committee members voiced no more concerns except Mr.
Glidden asked that the golf cart issue be worked on. Chairman Sabatello requested that since
the pod had a unique configuration that a size calculation be provided at the next meeting.
The following comments and recommendations were made by the Committee for the above
referenced petition:
1. Concerns raised by the Fire Department regarding the petitioners request for a waiver
from 3 parking spaces per bedroom to 2 parking spaces per bedroom, must be satisfied
before the Committee can make a recommendation on the waiver. Mr. Honig suggested
that the petitioner redesign the garages to accommodate golf carts so as to allow
adequate space for cars to park.
2. Staff questioned whether home - buyers of the 2 bedroom units, with the den, have the
option of converting the den to a bedroom. The petitioner responded that the home
buyer would have that option. Staff informed the petitioner that the required parking
calculation should be revised to reflect all of the units as 3 bedrooms.
3. A typical air - conditioner screening should be provided.
Workshop Meeting, Petition SP- 94 -20, by Daniel Catalfumo, agent for CTB Ventures XVI, Inc.,
is requesting site plan approval for the construction of three buildings, totalling 107,300 square
feet, consisting of 77,650 square feet of office space, 19,000 square feet of warehouse space and
10,650 square feet of "other permitted uses ". Located on Lot 1 of West Park Center Plat within
the Northcorp Center Planned Community District. (12- 42S -42E)
Chairman Sabatello announced that Mr. John Glidden had stepped down because of conflict
of interest and would file the proper forms.
Chairman Sabatello reviewed the four outstanding issues from the last meeting: (1) why more
covered parking should be granted, (2) sign code interpertation; (3) percentage of retail
permitted on the site; and (4) locating one covered parking unit in a remote area. Chairman
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February 14, 1995
Sabatello stated that he had received a memo which outlined a meeting between Jack Hanson
and Jeff Lis regarding signage regulations.
Mr. Bristol Ellington reported that at the January 24 meeting there were at least 12 issues
raised of which the following were still unresolved:
(1) The petitioner has agreed to a condition prohibiting other permitted uses as
outlined in the development order under condition #21 until the City and the property
owner have resolved all issues regarding the interpretation of Condition 6 and Condition
21 in Ordinance 1, 1990, and Staff would proceed with development review only with the
understanding that there was no guarantee of 10,650 square feet because the
interpretation and implementation of the Ordinance had not been resoolved. (2) Staff
was concerned that the wax myrtles proposed by the petitioner for additional landscaping
as requested by the Committee would not be tall enough to sufficiently screen the
parking structures adjacent to I -95. (3) Petitioner wanted to keep the remote parking
structure location and to receive ultimate approval of it by City Council. (4) The
lighting under the parking structures was inadequate. (5) Justification had not been
received from the petitioner to support the waiver request from the 5% covered parking
requirement. (6) Petitioner had provided a memo from a meeting with Building Official
Jack Hanson stating that revisions to signage plans would be made in order to comply
• with the sign code; however, those revisions had not been received until that afternoon
so would be reviewed by Mr. Hanson and his comments provided for the next meeting;
(7) Petitioner had agreed to screen roof mounted equipment from line of sight, and had
agreed that ground mounted equipment would be screened and identified on plans (8)
Petitioner had requested a waiver to the limit of two signs on Riverside Drive and
requested three signs at that location.
Chairman Sabatello acknowledged that staff had not had sufficient time to review everything,
which would be done by the next meeting, and commented that the purpose of discussion at
this workshop was to resolve outstanding issues in order to move the petitioner through the
process in a timely fashion.
Mr. Ellington responded to Mr. Honig that the uses of the buildings did not correspond to the
square footage, and explained that the City required intrepretation of the Ordinance. Mr.
Pastore questioned covered parking structures adjacent to public right of ways to which Planning
and Zoning Director Walton responded that petitioner had not justified that request, or the
number of spaces requested.
Jeff Lis, representative for the petitioner, responded to Mr. Honig that Building C's use was to
be determined by interpretation of Ordinance 1, 1990 and no restaurant use was contemplated,
and explained that petitioner had waived their right to other permitted uses until the Ordinance
was interpreted, and agreed to abide by whatever the interpretation turned out to be, but
reserved the right that if 10,650 square feet was available that they be permitted to put that on
their site since they had demonstrated that they have the available trips. Chairman Sabatello
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February 14, 1995
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clarified that petitioner understood that whatever the calculation was for other permitted uses
that the petitioner would have to reappear before the Site Plan and Review Committee to
demonstrate the location and how it affected the site plan, and that the site plan must reflect
the data so that the site plan presented to the Committee was what the petitioner was asking
for at that time. Mr. Catalfumo, agent for the petitioner, asked why they had to change every
calculation based on a lower use since their traffic statement reflected a worst -case scenario.
After discussion, Chairman Sabatello explained to the petitioner that a site plan was needed
removing "other" uses, and after intrepretation of the Ordinance another site plan was needed
showing the "other" uses; that a new traffic report was not necessary; and that NorthCorp must
still provide to the City a list of existing uses.
Mr. Lis presented a graphic showing landscaping adjacent to the parking structures. A
discussion of the landscaping ensued. Chairman Sabatello called for direction from ' each
Committee member regarding covered parking issues of location, screening, and additional
covered parking. Mr. Pastore stated the screening was fine, but found no justification for the
location or the additional covered parking. Mr. Lis explained that in one of petitioner's
responses to staff that justification of the number of covered parking spaces had been addressed
as necessary to attract class "A" tenants.
Mr. Honig stated screening should be enhanced, and had no objections to the covered parking
or its location. Both Mr. Lyddon and Vice Chair Carlino agreed that the screening should be
as dense as possible and that the covered parking was fine; Mr. Mignogna agreed with the
screening and the covered parking. Discussion of landscape lighting resulted in direction to the
applicant that the Police Department must be satisfied with lighting. Committee consensus was
that they had no problem with applicant's request for four ground signs rather than three.
Chairman Sabatello reminded the applicant that submittals to staff must be on time and that
memos were to be directed to staff and not to the Chairman.
Therefore, after review of the above - referenced petition the following were the comments by
the Committee:
1. Since the petitioner had agreed to prohibit the "other permitted uses" in the petition, the
committee directed the petitioner to revise the site plan to remove all reference to these
uses.
2. Plant material used to screen the covered parking should be enhanced.
3. Police concerns regarding the adequacy of the lighting underneath the covered parking
structures should be satisfied.
4. Petitioner should limit correspondence to staff only, there should be no correspondence
between the petitioner and the commission members.
5. The elevation plans should show how the roof - mounted equipment will be screened.
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February 14, 1995
OLD BUSINESS
The Newspaper Rack Ordinance discussion was delayed to the next meeting.
NEW BUSINESS
Chairman Sabatello discussed the procedure for an applicant to be placed on the agenda for
a workshop meeting. He stated that staff was currently under the direction that all submittals
must be received and reviewed by staff prior to that applicant being placed on an agenda. The
Commission members were asked to consider whether they would like to change that procedure
to move things through the process as quickly as possible without burdening staff and allowing
some flexibility in allowing an applicant to be placed on the agenda without some items 100%
satisfied; or if they wished to keep the current status of requiring all items to be 100% reviewed
by all Department heads and staff before placing on the agenda.
During ensuing discussion, Planning and Zoning Director Walton stated that staff's preference
is would be to review everything first. Mr. Honig suggested holding a workshop for an hour at
one of the regular meetings in which applicants would be asked to comment for five minutes
on how they felt about the current process. Assistant City Manager Dunham commented that
the degree to which the staff reviewed equaled fewer workshops. After further discussion this
matter was delayed to the next meeting to give Commission members a chance to reflect further
on their decision.
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February 14, 1995
ADJOURNMENT
There being no further business, the meeting was adjourned at 11:25 p.m. upon motion made
by Vice Chair Carlino, seconded by Mr. Mignogna and unanimously carried. The next meeting
will be held February 28, 1994.
Carl Sabatello, Chairman
Thomas Pastore
(Absent)
Tom Paganini, Alternate
Alice Everar , Secretary
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Diane Carlino, Vice Chair
William Mignogna
(Absent)
Christopher Jones, Alternate