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HomeMy WebLinkAboutMinutes P&Z 071195• CJ CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION July 11, 1995 MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Vice Chairman Diane Carlino 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 Alice Everard, Secretary for the meeting: Present Carl Sabatello, Chairman Diane Carlino, Vice Chair Phillip Lyddon John Glidden Christopher Jones, Alternate Tom Paganini, Alternate Absent Daniel Honig William Mignogna Thomas Pastore Also present at the meeting were Assistant City Manager Greg Dunham, City Attorney Tom Baird, Planning & Zoning Director Richard Walton, and Principal Planner Bristol Ellington. ITEMS BY PLANNING AND ZONING DIRECTOR Planning and Zoning Director Walton explained that City Council Liaison David Clark was out of the country but had reported that the Bridge Center /Ale House restaurant project had not been approved by City Council, who had considered the outdoor pavilion to be equivalent to a second bar or restaurant, and that the project had been resubmitted and would be reconsidered by the City Council. The City Council had also substantially reworked the Pep Boys/Boston Market project, changing colors, adding barrel tile, requiring a rear berm and wall, and making substantial elevation changes. Discussion ensued regarding changes made by the City Council. Director Walton explained that the City Council would like projects to be more fully workshopped, and that a problem with the Bridge Center project was an existing utility easement which ran through the center of the site. Chairman Sabatello expressed concern that easements which needed approval from Seacoast Utility might delay the approval process for a petitioner. Director Walton explained that Seacoast Utility wanted to resolve such problems early, and that the Planning and Zoning Department was sending them full plans to encourage resolution of preliminary sewer and water issues. Chairman Sabatello verified that the procedure desired by the City Council was that a project could be approved by the Planning and Zoning Commission with certain conditions that would need approval by City Council, and that the City Council would like the Planning and Zoning Commission to see the final plan. In response to Mr. John Glidden's question, Planning and Zoning Director Walton explained that the • City Council had approved the conflict of interest matter as presented, which was to allow presentations by other members of a Board member's firm, but not by the person serving on a Board; and also required annual disclosure of fees incurred by the firm on projects within the City. Chairman Sabatello requested Plannin g g & Zoning Commission Minutes July 11, 1995 that the City Council provide direction to the Planning and Zoning Commission so that the Commission would be confident they were doing all that was expected of them. APPROVAL OF MINUTES: Minutes of June 27. 1995 - Mr. John Glidden made a motion to approve the minutes as submitted. The motion was seconded by Ms. Diane Carlino. The motion was unanimously approved by a 6 -0 vote. PLANNING AND ZONING COMMISSION Public Hearing: Ordinance 7. 1995, an ordinance amending Chapter 159 of the Code of Ordinances, entitled "Zoning Regulations" to create Section 159.087, entitled "Newsrack ". Principal Planner Bristol Ellington explained that the Public Hearing had been postponed from the last meeting in order for the Assistant City Attorney to address comments raised by the Commission as • outlined in the staff report. In addition, Counsel had been directed to look at comments raised by Attorney Stephen Marks, Counsel for the Palm Beach Post. Mr. Ellington provided an updated draft of the Ordinance which contained strikeouts and bolding for the revisions as well as an attached letter from Attorney Marks which outlined his comments. Mr. Ellington stated that subject to the Public Hearing, staff recommended approval of Ordinance 7, 1995. Vice Chair Carlino questioned the limitation to three at one location for any one publication, and whether the newsrack ordinance would only address safety issues and not aesthetics. Ensuing discussion included possible aesthetics, and establishment of a maximum number of newsrack boxes at one location. City Attorney Baird explained that the Commission could set reasonable standards, and explained that a publisher who believed that those standards interfered with his constitutional right could litigate the issue. Mr. Lyddon verified with City Attorney Baird that legally publications did not have unlimited constitutional right to use public right of ways for the purpose of newsracks. Chairman Sabatello suggested that if in the future the number of newsracks at a location became a concern, that the Ordinance could be revised. Chairman Sabatello declared the Public Hearing open. Stephen Marks, representing the Palm Beach Post, informed the Commission that the Post presently had less than five locations with three racks, and felt that a line of racks was not really an issue. Mr. Lyddon explained it was not just the Post, but other publications. Attorney Marks objected to the portion of the Ordinance which required the written permission of private property owners in order to place racks. Attorney Marks objected to the property owner being charged a fee for placement of each newsrack, and stated it was the position of the Post that the distributor or publisher would be the appropriate party to pay the fee. Upon advise of the City Attorney, the Commission agreed to make that change. Discussion of the $!0 annual fee and the provision that a rebate would be given if administrative costs did not actually reach that amount resulted in the Commission's decision that no rebate would be given. Attorney Marks questioned the provision • which reduced clear space for passage of pedestrians to less than fifteen feet, when it had been less than six feet in a prior draft. A representative from the Post circulation department requested clarification of 2 Planning & Zoning Commission Minutes July 11, 1995 the passageway for pedestrians. City Attorney Baird suggested the standard be tied into an existing standard of the City so that the Commission would be conveying that they did not want newsracks to encroach upon what had already been determined as a safe or adequate width of any pedestrian passageway and advised the number should therefore be twelve feet, and a definition of passageway should be included, defined as any improved area accessible to the public either as pedestrians or on non- motorized vehicles. It was the decision of the Commission to add language to Section 087(5)d, delete the last line or replace it with a comma, inserted after "bicycle path or pedestrian sidewalk "; and to delete subsection (m) vi. Attorney Marks suggested that 160 pounds would not be enough for doubles, and that modular racks existed. Chairman Sabatello explained that a double would be two singles weighed together. Mr. Lyddon pointed out that subsection L was not appropriate since it stated no newsrack or group of attached newsracks.... shall weigh in the aggregate in excess of 170 pounds, and suggested dropping the wording "group of attached newsracks. It was determined that Attorney Baird would work with City Council to reach a compromise which would also address their concerns. Attorney Marks requested a change to subsection 9(e) to state "secured. ", instead of "securely bolted down", however, Chairman Sabatello explained that the Commission wanted the newsracks bolted down in order to make them safer during a hurricane. There being no further comments from the public, Chairman Sabatello declared the Public Hearing closed. • Motion: Vice Chair Diane Carlino made a motion to recommend approval of Ordinance 7, 1995 to the City Council with the following changes: That Section 157.087(5)(d) would be revised to add a comma after "roadway or bicycle path or pedestrian sidewalk ". 2. That Section 157.087(5)(1) would be revised with the agreement of the City Attorney, working with Mr. Marks on behalf of The Post. That in Section 157.087(5)(m), section vi regarding the passageway issue would be deleted. 4. That Section 159.0879(b) would be revised to read "the owner of a newsrack shall pay the City an administrative fee ". Motion was seconded by Mr. Lyddon and unanimously carried by a 6 -0 vote. SITE PLAN & APPEARANCE REVIEW COMMITTEE • Recommendation to City Council: Petition SP- 95 -07, by Henry Skokowski, agent for PGA National Venture, Ltd., is requesting site plan approval for the construction of 11 single - family • Planning & Zoning Commission Minutes July 11, 1995 zero lot line homes within the PGA National Planned Community District (Parcel M -36, General Point)(15- 42S -42E) Principal Planner Ellington reported that discussion at the last meeting regarding the width of the maintenance agreement had resulted in a condition proposed by staff that this would have to be approved by Northern Palm Beach County Water Control District prior to final approval by City Council, and if Northern denied the easement reduction that the petitioner would be required to reduce the length of the lots by ten feet. Also, a condition was recommended that windows in units of Lots 7 and 8 should be designed so that windows do not align. The only item for discussion was a letter from Seacoast Utility indicating that the applicant had not met with them, and they were warning that landscape plans might be impacted by water issues. Mr. Lyddon questioned whether signage would become a problem if a left turn lane was added to Ryder Cup Boulevard in the future. Henry Skokowski, agent for the Petitioner, stated he did not believe that would be a problem since the sign was at 32 feet from the edge of the pavement and an additional turn lane would add 22 feet to the pavement; existing landscaping would not grow higher than 3 feet; and the possibility was almost zero that a left turn lane would be added. Planning and Zoning Director Walton stated the Jog Road agreement would not limit left turn lanes if needed. • Chairman Sabatello requested the addition of landscaping in condition 2. Chairman Sabatello requested that screening approved by the Architectural Committee be added to the alignment condition of Lots 7 and 8. Motion: Motion was made by Mr. Lyddon to approve this application with the following changes: Addition of landscaping in Condition 2. 2. Addition of screening approved by the Architectural Committee be added to the alignment condition of Lots 7 and 8. Motion was seconded by Diane Carlino. The motion was approved by a unanimous vote of 6 -0. Workshop: Petition SP- 95 -11, by Henry Skokowski, agent for MacArthur Holding A, Inc., is requesting site plan approval to construct 84 multifamily condominium units on 10.581 acres on Parcel 6b in the BallenIsles Country Club Planned Community District (PCD). (14- 42S42E) Principal Planner Bristol Ellington reviewed the staff report dated July 6, 1995. • Henry Skokowski, agent for the petitioner, commented that the need for a large parking area was not 4 • Planning & Zoning Commission Minutes July 11, 1995 anticipated since the units would be occupied by small families with seasonal occupancy anticipated, and the issue should consider the number of automobiles rather than the number of bedrooms. Mr. Skokowski suggested that half of the units would never have three cars; and offered alternative #1 of pooled parking, explaining that two spaces had been provided for every unit as well as 31 additional spaces which were placed so that a resident would never be more than one building away from extra parking spaces. Mr. Skokowski presented alternative #2 of parking one car in the garage and two cars on the driveway at those units which had large setbacks from the roadway. Alternative 3 was to park in the 13 -foot area on one side of the road; however, landscaping would need to be moved to 10 feet off the edge of the right of way. The ensuing discussion included the following points: that all units could be two bedroom, that the garage might be used for golf carts, that HOA restrictions on overnight parking along streets could exist, adding parking to the second island center would not be aesthetically pleasing, that sidewalks would be needed on both sides of the roadway, that some Committee members believed the roadway was too narrow and could cause dangerous situations, that the roadway was not long enough, that a small golf cart enclosures could be created, that seasonal residents would not want to own golf carts, and that people would not want to walk to a parking space located away from their unit. Chairman Sabatello commented that the Fire Department would feel more comfortable with a widened roadway, and that a combination of widening the road and adding additional parking in reserved areas, and also moving landscaping back from the roadway could • resolve both the site plan appearance issue and concern for safety and welfare expressed by the Fire Department. Mr. Skokowski requested that staff allow phasing in common areas concurrent with abutting property plans for future Parcel 19b; Chairman Sabatello requested that options for future products be provided to staff and that when development of parcel 19b occurred no hardship because of lack of space be raised. Mr. Skokowski explained that a meeting with the homeowners of Gardens Glen would be held to determine their preferences for screening, and a plan would then be provided to the Committee. Planning and Zoning Director Walton stated the City Engineer had expressed concern with radius allowed for turning. Mr. Skokowski explained that a bend in the road, landscaping, and textured paving had been created to slow traffic, and that the much larger radius requested by the City Engineer would straighten the road and allow faster traffic. Chairman Sabatello pointed out that the widened roadway would allow a larger radius. Mr. Skokowski agreed to work out a compromise if the City Engineer was willing. Mr. Skokowski was advised that the petitioner must meet with Seacoast Utility before any approval would be granted. Mr. Skokowski provided a review of elevations, which included subdued colors, and views between windows. Chairman Sabatello requested that colors of window frames and railings be addressed at the next meeting. In summary, the Committee made the following comments: 1. Detailed landscape plans for the footbridge and the parking area adjacent to lot 32 shall be provided. • 2. The site plan shall be revised to define the abbreviations for "DE" and "WSE ". 5 i Planning & Zoning Commission Minutes July 11, 1995 3. Elevations for the foot bridge, include types of materials, colors and color specification numbers shall be provided. 4. Comments raised in the City Engineer's July 5, 1995 memo shall be addressed. 5. Staff's comments raised at the July 6, 1995 DRC meeting shall be addressed. 6. Comments raised by the Police Department shall be addressed. Workshop: Petition SP- 95 -12, by Henry Skokowski, agent for MacArthur Holding A, Inc., is requesting site plan approval to construct 32 zero -lot line homes on 6.427 acres on Parcel 16b of the BallenIsles Planned Community District. (14- 42S -42E) Principal Planner Bristol Ellington reviewed the staff report dated July 6, 1995. Henry Skokowski stated the record had been satisfied and drawings were consistent with those • approved for Parcel 17. The petitioner was requested to review the changes made to the elevation plans for Parcel 17 so that a statement could be made whether plans for this petition were consistent with original or altered Parcel 17 plans. Mr. Skokowski explained that although density would be lowered that it was still within thresholds, that the footbridge alignment would be accomplished and the landscaping details shown on plans, that footbridge usage was not restricted, that landscape details would be shown on plans for double frontage lots, that parallel parking spaces would be adjusted if necessary to resolve safety issues raised by the City Engineer, and that additional landscaping would be provided around the parking area. The footbridge plan was reviewed. In summary, the Committee made the following comments: 1. Detailed landscape plans for the footbridge and the parking area adjacent to lot 32 shall be provided. 2. The site plan shall be revised to define the abbreviations for "DE" and "WSE ". 3. Elevations for the foot bridge, include types of materials, colors and color specification numbers shall be provided. 4. Comments raised in the City Engineer's July 5, 1995 memo shall be addressed. 5. Staff's comments raised at the July 6, 1995 DRC meeting shall be addressed. • 6. Comments raised by the Police Department shall be addressed. 0 • Plannin g g & Zoning Commission Minutes July 11, 1995 Planning and Zoning Director Walton informed the Committee that the Don Olson project, which had been invited to bring changes to this meeting for review before the scheduled public hearing, had elected not to appear. Workshop: Petition SP-95-13, by Henry Skokowski, agent for MacArthur Holding A, Inc., is requesting site plan approval to construct 36 single family custom residential units on 12.896 acres on Parcel 25A in the BallenIsles Country Club Planned Community District (PCD). (14- 42S-42E) Principal Planner Bristol Ellington reviewed the staff report dated July 6, 1995. Henry Skokowski, agent for the petitioner, explained that this tract was similar to BallenIsles Pod 18 in lot size and setbacks except for a 10 -foot rear setback due to the 25 -foot buffer provided for Gardens Glen. Mr. Skokowski explained the building height would be 36 feet, described the location of the PCD buffer, stated that design and time frame would be submitted, that the Fire Department • had no concerns, that the Gardens Glen code standards would be met, and that sidewalks were only on one side of the road due to efforts to achieve maximum green space. Mr. Lyddon commented that the Gardens Glen residents were entitled to good buffering. Mr. Skokowski reviewed the buffer and fence, and Kent Weiland, landscape architect, reviewed the planting schematic. Chairman Sabatello requested that a landscaping plan be submitted. Larry Lascogian, 9024 Gardens Glen Circle, stated that he and the other residents present lived on lots abutting the property under consideration at this meeting. The others present were Shelly and Barbara Dare, 9020 Gardens Glen Circle, and Kathy Stotten, 9028 Gardens Glen Circle. Mr. Lascogian stated they were in favor of the buffer as long as it looked nice from both sides. Most of the buffer area had been cleared and sodded, with St. Augustine grass in place. Mr. Lascogian provided photographs of what had been planted up to this time. Nader Salour explained that the trees which had been placed on the buffer were placed there for temporary storage and would be moved to their permanent locations. Mr. Lascogian stated he agreed with the approved plans but Gardens Glen residents had not been informed that the trees were only in temporary locations. Mr. Lascogian commented that fencing was a critical issue and rear building setback of 10 feet was a concern and that the petitioner should not be able to take credit for that 10 feet within the setback. Mr. Lascogain was assured that would not be possible. Chairman Sabatello requested that the petitioner communicate with the residents in the future to alleviate their concerns. Mr. Skokowski addressed the location of the fence, and stated that it should address concerns of both the City and the residents. Mr. Ellington explained the provisions of a 1994 amendment which gave location options for the fence. Discussion ensued regarding what would be acceptable to the residents, and resulted in direction to the petitioner to meet with Gardens Glen residents prior to the next • meeting, to provide a plan for the fence, and to clarify the limits of the 25 -foot PCD buffer. 7 • Planning & Zoning Commission Minutes July 11, 1995 Mr. Christopher Jones commented that he was not comfortable with the juxtaposition of the front cul- de -sac. In summary, the Committee made the following comments: 1. A plan for the fence shall located in the 25 -foot PCD Buffer adjacent to the southern boundary of Gardens Glen shall be provided as well as clarification of the limits of this buffer. A meeting shall be held between the petitioner and Gardens Glen residents prior to the next scheduled meeting. 2. Comments raised in the City Engineer's July 5, 1995 memo shall be addressed. 3. Staff's comments raised at the July 6, 1995 DRC meeting shall be addressed. 4. Police Department comments shall be addressed. is PLANNING AND ZONING COMMISSION Workshou: Petition PUD- 95-02, by Anthony E. Oliver, agent for Pahn Beach Gardens Medical Center, to amend the Pahn Beach Gardens Medical Center Planned Unit Development to clarify the existing and proposed square footage calculations to the hospital, to construct a 13,000 square -foot third floor addition to the Medical Office Building, to construct a new 2,000 square foot meeting room, and to reconfigure the parking lot. The site is located on the south side of Burns Road and east of Gardens East Drive. (7- 42S -43E) Mr. John Glidden stepped down due to conflict of interest. Principal Planner Bristol Ellington reviewed the staff report dated July 6, 1995. Ed Oliver, agent for the petitioner, explained that the master plan of the hospital building would not be changed in that the total square footage would not be changed. The existing parking orientation would not be changed, and inferior landscaping would be replaced. Parking in and around the emergency room had been reworked. A third story was proposed for the medical office building. Mr. Oliver stated that a waiver from the current LDRs would be requested on sizes of parking spaces, which were approved for this plan. Some phasing plans had been modified, however, the whole project would be completed by December 31, 1999. Also, architectural elevations had been unified. Mr. Oliver verified that square footage, location and height were identical to existing approved plans, with the exception of the third story addition on top of the existing two -story medical office building, and met or exceeded elevations previously shown to the Commission. This petition was set for Public Hearing at the next meeting. 1 Plannin g g & Zoning Commission Minutes July 11, 1995 • OLD BUSINESS There was no old business to come before the Commission. NEW BUSINESS There was no new business to come before the Commission. E Plannin g g & Zoning Commission Minutes July 11, 1995 ADJOURNMENT There being no further business, upon motion by Ms. Diane Carlino, seconded by Mr. Phillip Lyddon, and unanimously carried, the meeting was adjourned at 11:15 P.M. The next meeting will be held July 25, 1995. APPRO Carl Sabatello, Chairman John Glidden • Phillip Lydd n (Absent) Thomas Pastore m Paganini, mate " L A eL',ta Alice Everard, ecretary • 10 Diane Carlino, Vice Chair (Absent) Daniel Honig (Absent) William Mignogna �v Christopher Jones, hternate f V KM %OUNTY9 MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I.AS:' NAME —FIRST NAML'— MIDDLE NAME NAME OF BOARUI COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEI kk AILING ADDRESS THE BOARD, COUNCIL. CL/MMJbb1UN. AUTHORITY. OR COMMITTEE ON 1401 tMAA WHICH 1 SERVE IS A UNIT OF: CI I Y COUNTY ' OTHER I OCAt AGENCY 1' I TN - ('I ILt N r) W • P" ot BALE ON WHICH VOIL OCCURRED J uV ► i , I4la6 ��Wbfr NANIL OI POt ITICAI. SUBDIVISION: `0" vo* 6"VJ5 . MY POSITION IS: . ELECIIVE WHO MUST FILE FORM $8 This form is for use by any person ser%ing at the county, city, or other local level of government on an appointed or elected board council. commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presente with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; althoug the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly dependin on whether you hold an elective or appointive position. For this reason, please. pay close attention to the instructions on this forr before completing the reverse side and filing the form. 0- INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding'clective county, municipal, or other local public office MUST ABSTAIN from voting On a measure which inure to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the speci gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING; TAKEN by publicly stating to the assembly the nature ol' your interest in the measure which you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordir the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure whil inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to tl special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but mu disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, v►heth made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHIC THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible f recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of intere 1 f Ik %1 MH Ilbltb F 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 13 days after the vote occurs with the person responsible for recording the minute of the meeting, who should incorporate the form in the minutes. � A,� DISCLOSURE OF LOCAL OFFICER'S INTEREST I. (�"�' "V' , hereby disclose that on I 1g�5 S� (a) A measure came or will come before my agency which (check one) h��S inured to my special private gain-, or ,� �,��,n N rGY inured to the special gain of �( " "' � `� 604j/ �s "4pvi6fi & p5 p g , by whom *:m retains (b) The measure before my agency and the nature of my interest in the measure is as follows: b� �jrw� r ref use ttius ►uedit.�.Q 'gal is �- u 4%ve." 0�bs('A pvt-1 00Y OAS Vqqr 0 Date Filed . - -__ — eaturPe! iNOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1983). A FAILURE TO MAKE ANY REQUIR DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWI1' IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5.000. E FORM 811 • 10-"