HomeMy WebLinkAboutMinutes P&Z 072595•
CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
July 25, 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 Jackie Holloman, Secretary for the meeting:
Present Absent
Carl Sabatello, Chairman Daniel Honig
Diane Carlin, Vice Chair John Glidden
Phillip Lyddon
William Mignogna
Thomas Pastore
Christopher Jones, Alternate
. Tom Paganini, Alternate
Also present at the meeting were, Assistant City Attorney Paul Golis, Planning & Zoning Director
Richard Walton, Principal Planner Bristol Ellington, Principal Planner Kim Glas- Castro, City Council
Liaison David Clark, and Environmental Consultant Jim Schnelle.
ITEMS BY PLANNING AND ZONING DIRECTOR
There were no items by the Planning and Zoning Director.
ITEMS BY CITY COUNCIL LIAISON
City Council Liaison David Clark reported the City Council had discussed the Frenchman's Creek
objection to Abacoa at the last meeting.
APPROVAL OF MINUTES:
Minutes of July 11. 1995 - Ms. Diane Carlin made a motion to approve the minutes as submitted. The
motion was seconded by Mr. Chris Jones. The motion was approved by a 5 -0 vote, with Mr. Mignogna
and Mr. Pastore abstaining since they had not been present at the July 11, 1995 meeting.
PLANNING AND ZONING COMMISSION
• Public Hearing: Petition CU -95-02, by Richard Bekesh of Spring Engineering, Inc., agent for W.
G. Lassiter, representing Don Olson Tire & Auto Cent r, Jr., for a Conditional Use for an 8 -bay,
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July 25, 1995
5,677.5 square -foot tire and auto service center on a vacant .786 -acre parcel in the Gardens Park
Plaza Shopping Center. Located at the southeast corner of Northlake Boulevard and North
Military Trail (24- 42S -42E)
Chairman Sabatello announced that the Public Hearing had been postponed to 8/22/95 as requested by
the petitioner in a letter dated 7/19/95.
Workshop: Petitions AX -95 -02 and PUD -95-05 by LeRoy Sherman, agent for Development
Ventures, Inc., for concurrent approval to annex and rezone a 7.776 -acre parcel from the Palm
Beach County zoning designation of RS, Residential Single Family, to the City of Palm Beach
Gardens zoning designation of PUD, Planned Unit Development, for the construction of 17
detached single - family custom homes. Located west of Prosperity Farms Road and approximately
675 feet north of Burns Road. (8- 42S -43E)
Principal Planner Bristol Ellington reviewed the staff report dated 7/20/95, and indicated that this petition
would require a public hearing.
In response to Mr. Lyddon's concern of cost of annexation to the City, Principal Planner Glas- Castro
explained that those areas were already serviced by Fire and Police.
Carl Vincent, Landscape Architect for the project, provided a history of the site, and explained that Mr.
Sherman had done extensive work tagging trees, eradicating undesirable plants, etc., and had provided
a very site sensitive design. Mr. Vincent explained that the tightest roadway curve radius was 49 feet,
or 6 feet in excess of the minimum requirement, and the City Engineer's suggestion to expand the
roadway to 14 feet would cause the loss of approximately 2,000 square feet of native preserve area.
Other comments pertained to the one -way signage, the desire to keep as many trees as possible,
reinforcing the native materials, entry signage, sidewalk at entrance way, and dry retention areas.
Jim Schnelle, Environmental Consultant, reported that on this site the amount of native upland was
approximately 3.75 acres, with environmental set aside of .94 acre, and that four active gopher tortoise
holes and one live specimen had been observed. In order to meet code, the applicant had chosen the
environmental restoration aspect, and had exceeded the Environmental Ordinance requirements. Mr.
Schnelle explained that of the 3.75 acres, approximately 7 /10ths of an acre was contained within a
proposed dry retention area. A wetlands preservation maintenance plan was needed, as well as the
micrositing condition of protection of root zones, and a cross section of interface buffer. Mr. Schnelle
reported a significant number of trees would be preserved to protect the canopy and recommended deed
restrictions, conservation easements and other legal documents to assure that the architecture, stem wall
construction, etc. would be followed and trees preserved.
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July 25, 1995
Chairman Sabatello advised the applicant to be sure that direction from the Commission was.clear
before leaving this workshop. Mr. Mignogna questioned who would build the homes to which Mr.
Vincent responded there would be individual builders, and that one builder had proposed building
several homes. Mr. Sherman commented that reservations on six lots had been received and that the
price range of the homes would be $275,000 - $400,000.
City Manager Bobbie Herakovich arrived at 8:10 P.M.
Mr. Lyddon questioned whether the sidewalk would go north as well as south. The response was that
there was not enough room to place a sidewalk on the north side of the entrance, and that there was
sufficient room for a school bus to turn on the curve, however, school busses would probably stop
on Prosperity Farms Road.
Mr. Jones expressed concern that one of the road bends seemed to be too tight, discussed the road
configuration and how homes could be accessed, and questioned moonlighting. Mr. Vincent
explained that the concept of moonlighting was essentially downlighting to give the effect of light
from a full moon. Mr. Sherman responded to Mr. Jones that the tortoises would be kept in a back
area during construction where they normally forage for food. Mr. Sherman stated that because of
• the activity at the Oasis Club, a non - alcoholic social club on the adjoining northern property, the fence
would be constructed of material that could not be seen through, and each property owner would
maintain the fence section on their lot. The south boundary fence would be made of a different
material. Mr. Sherman explained that Key West style homes as depicted on the elevations, plantation
style, or more traditional style would be acceptable.
Mr. Pastore questioned whether there was a particular reason the one -way single loop roadway had
been chosen over a two lane road to which Mr. Sherman responded that too many trees would have
been lost. Mr. Vincent discussed methods of grading to protect feeder roots of trees. The proposed
environmental restoration concept was briefly reviewed by Mr. Vincent, consisting of eradication of
exotics and aggressive vines, some corrective pruning of trees, strongly encouraging native plantings
by lot owners, and allowing native plants to return from seeds already in the soil in order to provide
shelter for gopher tortoises.
Staff response to Mr. Paganini was that the City Engineer would consider any concerns regarding
construction traffic going in and out of this project as well as one across the street at the same time.
Mr. Paganini suggested a construction entrance might be provided at the 50 -foot buffer in the back
for this project.
Vice Chair Carlin questioned whether the 14 -foot roadway was a requirement for emergency vehicles
or a suggestion. Principal Planner Ellington responded that research would be done on this matter
to determine whether 12 feet would be sufficient. Vice Chair Carlino expressed concern with a
possible cluttered look between homes to which Mr. Sherman responded that natural vegetation would
• be retained.
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July 25, 1995
Chairman Sabatello expressed concern with how enforcement of maintaining the natural vegetation
would be managed, and how proper drainage would be maintained. Mr. Sherman explained all homes
would be guttered and would have downspouts with piping to the road and that depressions in the
woods would be evened out. Chairman Sabatello requested further information regarding drainage,
turning radius, entrance alignment to prevent difficult maneuvering, adjustments to accommodate a
pedestrian walkway space to the north of the entry, and requested verification that the County and
City Engineer had no problems with exiting the project by crossing lanes on Prosperity Farms Road.
Chairman Sabatello verified which areas would be irrigated from the existing well on the property and
that it would be well filtered to prevent staining, and that the entranceway would be irrigated with an
underground drip system. Chairman Sabatello requested a condition that the irrigation system would
be replaced if it failed in the future. Further clarification of the landscape plan was provided by Mr.
Vincent. Mr. Vincent also indicated that the paver blocks shown in the landscape plan was a
scrivener's error, and asphalt should have been shown. Chairman Sabatello requested clarification
in homeowners documents regarding maintenance for side /rear yards and dry retention areas.
Chairman Sabatello requested that future gates be removed from the site plan if approval was not
requested at this time.
Mr. Lyddon expressed concern with Mr. Sherman's explanation that fences, erected by the developer
• approximately four months into construction, would be maintained by the homeowners with the
Homeowners Association to overview and maintain in the event the homeowner did not perform the
maintenance. Mr. Mignogna commented that control of repairs, colors, etc. by the homeowners
association would assure continuity.
Chairman Sabatello clarified the location on the site plan of the building envelope. Ensuing discussion
encompassed the delineation on the plan of the different color areas. Chairman Sabatello stated the
plan must be much clearer, homeowner documents must conform, and clarification of how all parties
would work together as well as the City's role must be worked out. Chairman Sabatello requested
that sidewalk easements be such that a problem could not arise of a sidewalk not being installed on
a particular lot because someone was not allowed on the property. Subdued entry signage on a light
pole as requested by the applicant was objected to by Chairman Sabatello and Mr. Mignogna.
Chairman Sabatello advised the applicant that some of the information requested was very complicated
and must be provided to staff timely in order not to delay the approval process.
In summary, the Planning and Zoning Commission made the following comments:
1. The details for the guard gate should be provided at this time or all reference to a gate system
should be removed from the plans. If applicant decides to receive approval of the system at
this time, a detailed elevation plan of the gate system shall be submitted, properly
dimensioned. In addition, the development plans should reflect the location of the call box.
2. The alignment of the entrance appears to be difficult for vehicles to maneuver. The
• Commission noted that this problem could be alleviated by eliminating the island in the
roadway for the gate system.
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July 25, 1995
3. The Commission questioned whether a vehicle can adequately make a turn at the eastern end
of the loop road.
4. The Commission would like to see a sidewalk constructed along the entire length of the
proposed development to allow for linkages to future sidewalks.
5. Applicant shall clarify the timing of installation, maintenance and continuity of the fence
proposed along the north and south property lines.
6. Applicant shall clarify the actual buildable lot area as opposed to the preserve /natural areas.
In addition, cross - sections depicting the interfacing of the preserve /natural areas to the
buildable lots shall be submitted.
7. The Commission questioned how the dry retention around the houses will be maintained
during and after construction and how these areas will be graded. The Commission was
particularly concerned with the maintenance and enforcement of these areas after the
development has been turned over to the Home Owner's Association.
• 8. Applicant shall provide a note on the site plan clarifying that the building and all accessory
structures are required to be located within the proposed setback lines.
9. The Commission questioned whether the County would allow vehicles to make a left turn out
of the development.
10. Applicant shall clarify all "scrivener errors" such as the use of asphalt as opposed to paver
blocks.
11. The majority of the Commission was in favor of the waiver request for the entry pole sign.
12. Applicant shall address comments raised by City Engineer Lynnette Lanning, City Forester
Mark Hendrickson and Seacoast Utility Authority.
13. The Police Department noted that the street lights should not conflict with the trees. The
Police Department also recommended design guidelines for safety purposes.
13. City Environmental Consultant Jim Schnelle's comments are forthcoming.
Workshop: Communication Towers Ordinance to amend Chapter 159 entitled, " Zoning
Regulation", for the creation of Section 159.088 entitled, " Communication Towers Regulations."
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July 25, 1995
Principal Planner Ellington reviewed the staff report dated July 21, 1995, and advised that the
Commission's comments were requested so that this ordinance could be scheduled for Public Hearing
at the next meeting.
Planning and Zoning Director Walton commented that the City Council had directed staff to initiate an
analysis of communication towers in order to establish a process, and an application had been submitted
for a communication tower. The ordinance had been placed on first reading by City Council and the
Planning and Zoning Commission's comments requested to contribute more detailed criteria. Director
Walton explained that Ray Royce, agent for a group representing a Jupiter radio station wishing to erect
three towers on property owned by the MacArthur Foundation, who had submitted the application, would
be present at the next meeting. The proposed site was located north of Eastpointe, west of the end of
Donald Ross Road, east of the Slough.
Chairman Sabatello addressed signage on the tower, and requested no advertising. In discussion of
colors, Director Walton explained that there was a tremendous amount of regulation on communication
towers and that colors might be regulated. Chairman Sabatello requested no strobe lights if possible.
In discussion of location, Director Walton explained that the City Council had favored remote locations
• where the least amount of residents would be impacted. Chairman Sabatello questioned how shared use
could be controlled for aesthetic purposes. Director Walton indicated that would be a policy decision
of whether to have more towers with less antennas or less towers with more antennas on them, and
explained that the ordinance had been designed to require maximum use of towers. Mr. Lyddon pointed
out that the definition of antennas should be changed to cover dishes; and questioned whether he would
be impacted by this ordinance if he wanted to install a satellite dish in his back yard. Principal Planner
Ellington explained that a different code section applied to satellite dishes. Mr. Lyddon stated that
distinction needed to be clarified in the ordinance. Discussion ensued regarding residential rooftop
antennas and satellite dishes. Mr. Lyddon suggested that item 14 in the ordinance be changed by adding
the following language: " Satellite antennas and dishes covered by Ordinance No. shall not be subject
to this Ordinance. "
Mr. Jones commented that companies would build a tower with capacity to handle several types of
antennas, and that many governmental agencies would be using those antennas. Chairman Sabatello
requested research before the next meeting into the incident several years ago of the light on a tower in
Lake Park which blinded a resident in Palm Beach Gardens.
Mr. Jones questioned item 16 which exempted governmental agencies from minimum distance
requirements. After ensuing discussion, Mr. Lyddon suggested the addition of language to the effect that
this condition shall apply unless the City Council shall specifically show hardship. The question was
raised whether communication towers could be construed to impact free speech. A comment was made
that new technology now allowed more communication ability from a tower using less equipment than
previously. During further discussion, Director Walton reported pending legislation would require
certain kinds of communication structures to be exempted from zoning. Mr. Paganini inquired as to
• enforcement of item 19 and was assured that would be taken care of under existing code. Chairman
Sabatello questioned who would regulate non - interference and was told the FCC had jurisdiction and
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July 25, 1995
non - interference was a part of their permitting process.
OLD BUSINESS
Assistant City Attorney Golis stated the Palm Beach Post's only concern regarding the newsrack
ordinance was the $10 annual fee.
NEW BUSINESS
There was no new business to come before the Commission.
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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 10:00 P.M. The next meeting will be held
August 8, 1995.
APPRO
- t-).
Carl fabatello, Chairman
(Absent)
John Glidden
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Mv
�" J.
Thomas Pastore
Tom Paganini, Alternate
Qki�e Hofoman, Secretary
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Diane Carlin, Vice Chair
(Absent)
Daniel Honig
William Mignogna
I r_, - IRI�
Christophe Jones, ternate