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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
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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
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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 ".
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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.
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• 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.
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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.
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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.
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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
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%OUNTY9 MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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MY POSITION IS:
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WHO MUST FILE FORM $8
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council. commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presente
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1 f Ik %1 MH Ilbltb F
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A,� DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. (�"�' "V' , hereby disclose that on I 1g�5
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(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
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(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 �-
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E FORM 811 • 10-"