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HomeMy WebLinkAboutMinutes P&Z 080895® CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION August 8, 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 Vice Chair Diane Carlino: Present Absent Carl Sabatello, Chairman - arrived at 7:35 p.m. Daniel Honig Diane Carlino, Vice Chair John Glidden Phillip Lyddon William Mignogna Thomas Pastore Christopher Jones, Alternate Tom Paganini, Alternate Also present at the meeting were City Attorney Tom Baird, and Principal Planner Bristol Ellington. ITEMS BY PLANNING AND ZONING DIRECTOR Principal Planner Ellington announced a correction on the agenda: Item X listed as Recommendation to City Council was actually a Workshop; Item XII listed as Workshop Meeting was actually a Recommendation to City Council. ITEMS BY CITY COUNCIL LIAISON There were no items by the City Council Liaison. APPROVAL OF MINUTES: Minutes of July 25,. 1995 - Mr. Pastore made a motion to approve the minutes as submitted. The motion was seconded by Mr. Lyddon. The motion was approved by a 6 -0 vote. PLANNING AND ZONING COMMISSION Public Hearing: Petition PUD- 95 -02, by Anthony E. Oliver, agent for Palm Beach Gardens Medical Center, to amend the Palm 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- • Planning & Zoning Commission Minutes August 8, 1995 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) Chairman Carl Sabatello arrived at 7:35 P.M. Principal Planner Ellington reviewed the staff report dated August 3, 1995. Anthony Oliver, agent for the petitioner, reviewed the previously approved plans and explained that the 85,000 square foot expansion remained the same in terms of square footage, and that square footage in the storage and maintenance area had been reduced to provide for an approximately 2,000 square foot meeting room. A third story addition was proposed for the existing 26,000 two story medical office building, as well as reconfiguration of the parking areas. Mr. Paganini verified the location of the helicopter pad. Principal Planner Ellington responded to Vice Chair Carlino that concerns raised by the City Engineer had been resolved. Mr. Oliver explained that parking would be added in phases as square footage was constructed, that landscape maintenance would be done more carefully than in the past, that the perimeter wall would be extended during phase three, and that all issues with the Police Department had been resolved. Paint colors were discussed, and a paint color sample was requested. Chairman Sabatello declared the Public Hearing open. Hearing no comments from the public, Chairman Sabatello closed the Public Hearing. Vice Chair Diane Carlin made a motion to recommend Petition PUD -95 -02 to the City Council with the following conditions: Prior to final approval by the City Council, the petitioner shall furnish the City with a statement holding the Grantor responsible for the landscape maintenance of the drainage and utility easement without recourse to the City. 2. The buildout of the development shall occur prior to December 31, 1999. The applicant shall construct the improvements in accordance with the phasing plan referenced on the approved master plan. Should the applicant propose to construct these improvements in a sequence which differs from the approved phasing plan, the applicant shall notify the City Manager and upon approval of the City Manager the applicant may construct the improvements in a different sequence, provided said improvements do not exceed the buildout date of the development. 4. All governmental approvals, including the local Health Department and the Medical Facilities Architect of H.R.S. shall be furnished to the Building Department prior to issuance of any building permit. 5. The landscaping of any particular area within any phases of work shall be completed with the area under construction prior to the issuance of a Certificate of Occupancy for each phase. 2 Planning & Zoning Commission Minutes August 8, 1995 6. Within thirty days from final approval of said petition, the landscape Architect of Record shall inspect and certify, in writing, to the City that all previously landscaped areas have been installed per the approved landscape plans. 7. Within thirty days from final approval of said petition, the Landscape Architect of Record and the City Forester shall inspect and tag all existing trees to be replaced due to poor quality and health within the south parking lot area. The tree replacement shall coincide with the reworking of the western parking lot and the expansion of the south parking lot. 8. Any retail services provided on the premises shall be restricted to patients and visitors of the hospital. 9. All applicable impact fees required by the Palm Beach Gardens Code and the County of Palm Beach shall be paid in full with the issuance of each building permit. Motion was seconded by Mr. Mignogna. Chairman Sabatello verified that condition eight restricted outside users and condition nine referred to the payment of impact fees at the issuance of each building permit applicable for each phase. Chairman Sabatello requested that staff verify that condition nine was not in violation of a previous approval regarding when impact fees were to be paid. The motion passed • by unanimous vote. Public Hearing: Petition CU- 95 -03, by Dean Turney, agent for John D. And Catherine T. MacArthur Foundation, Inc., for Conditional Use approval for existing and proposed agricultural uses on properties owned by the MacArthur Foundation, Inc. within the City of Palm Beach Gardens. Principal Planner Bristol Ellington reviewed the staff report dated August 3, 1995, and explained that one parcel -- 18(3)- -had been identified as an environmentally sensitive land site and was currently under consideration for purchase by the County. Mr. Dean Turney, agent for the petitioner, Chairman Sabatello declared the Public Hearing open. Mr. Richard Moore commented that his property in Caloosa was depicted on the map sent out by the MacArthur Foundation as part of the property under discussion. Principal Planner Ellington explained that any property not in the City of Palm Beach Gardens, i.e., Caloosa, would not be included, since the City could not grant a conditional use on land that was outside the City limits. Chairman Sabatello stated that language would be included to clarify that only land specifically within the City of Palm Beach Gardens would be included. Martha Calay, 3747 Island Road, explained that her back yard was directly across the canal from Parcel 29, stated that MacArthur Foundation had abandoned property to the left side of her property in the past and left sheds that were eyesores, and commented that her concern was that cows had overgrazed the berm across the canal so that nothing would now grow there, and did not want pesticides sprayed on row crops in that area. Mr. Turney introduced Mr. Bill Boman of Boman 40 Dairy, who would speak as an expert cattleman to answer Ms. Calay's concerns, and listed Mr. Boman's Planning & Zoning Commission Minutes August 8, 1995 credentials. Mr. Boman explained that the place Ms. Calay described as overgrazed was a Seacoast Utility easement that never had grass on it, only a few weeds, and stated that the cows were fed every three days and were well -cared for, and kept undergrowth cleared out which eliminated a brush fire hazard. Mr. Boman stated that no pesticides were used, that no sheds were being built, that there were now 250 head of cattle on the 450 -acre parcel and there had been as many as 400 head, and there were no plans to put any more cattle there than there were at present. Chairman Sabatello suggested Ms. Calay call Seacoast Utility to see if they would maintain their easement. Discussion ensued of how agricultural land could be maintained. Mr. Boman invited staff members to come view the property. Mr. Bill Buchard referred to Parcel 29 and questioned who owned the land since a developer had planned to develop it several years ago. Mr. Ellington responded that deal had fallen through. Mr. Dave Watson, 3657 Island Road, referred to Parcel 29 and commented the biggest problem was the condition of the berm so that sand was blown by the wind. Chairman Sabatello explained that staff would be checking to determine responsibility for maintenance of the berm, etc. and that the petitioner should consider moving the fence if that became necessary since this issue needed to be resolved before proceeding to City Council.. Chairman Sabatello declared the Public Hearing closed. Mr. Turney stated the most important point he would like to make was that the applicant had not been 40 able to identify any complaints which had been made on the properties, that these were existing properties, and the only problems were vandalism incidents. Mr. Mignogma stated that the applicant should consider leveling the berm if it would help adjacent property owners. Mr. Tumey stated he would check to see what the cost would be, and would also consider fencing it off. Mr. Lyddon verified that Parcel 18(3) was actively used for grazing at the present time. Chairman Sabatello called for a decision whether to add language proposed by Mr. Turney that Parcel 18(3) be included since it was under lease for a two -year period, with the provision that upon transfer of ownership that the conditional use would expire. Mr. Blaze Burge, Land Manager for the MacArthur Foundation, clarified that Parcel 18(3) had been leased for fifteen years and that the current lease would expire in two years. During ensuing discussion, Principal Planner Ellington explained the PDA zoning classification. Vice Chair Carlino made a motion to recommend Petition CU -95 -03 to the City Council with the following conditions: Parcel 18(3) shall not be approved for a conditional use for agricultural uses. 2. The conditional use for the agricultural uses and the existing structures and conditions on the subject parcels, as outlined on Tables #1 and #2 attached hereto, are allowed for a ten year period, with a review and consideration of renewal by the City Council every two years thereafter. Any expansion of existing structures and uses, or a change of use, shall require approval by the City. 3. There shall be no clearing of parcels for any structures or improvements or expanded agricultural is activities associated with the approved agricultural uses unless approved by the City. 4 • Planning & Zoning Commission Minutes August 8, 1995 4. On the transfer of ownership of Parcel 18(3) for conservation purposes, this conditional use shall expire for said parcel. Mr. Paganini seconded the motion, which passed by unanimous vote of 7 -0. Public Hearing: Communication Towers Ordinance to amend Chapter 159 entitled, "Zoning Regulation ", for the creation of Section 159.088 entitled, "Communication Towers Regulations ". Principal Planner Ellington discussed Ordinance 13, 1995 which would amend Chapter 159, and explained that staff had worked toward resolution of the Commission's concerns, one of which was that Section 159.088 would be confused with the satellite dish section. The following wording had therefore been added to Section 159.088(A): Satellite antennae and dishes covered by Section 159.083 shall not be subject to this Ordinance. Visual impact analysis was only applicable for communications towers, and not for roof - mounted towers allowed in residentially zoned districts, public institutions, and PUDs. Mr. Ellington pointed out an error in Section 159.088(E)(1)(a) and stated that Section 159.080(D)(2) should read Section 159.088(D)(2). Mr. Ellington reported he had spoken to a representative of Palm Beach County's Airports Department regarding the use of strobe lights on towers who had indicated his belief that was an FAA requirement which the City could not regulate or prohibit. Mr. Ellington commented • that the Department of Airports in Tallahassee would review the City's Ordinance. Mr. Mignogna questioned whether the City had a right to regulate communication towers under freedom of speech. During ensuing discussion, City Attorney Baird clarified that the City could regulate as to time, place and manner of speech, gave examples compared to the newsrack ordinance free speech issues, advised that a hard and fast opinion could not be given regarding whether some of the questioned items were allowable, and explained that the size of advertising call letters would depend upon the size of the tower and the number of antennae attached to it. The City Attorney advised that regulating the location of the communication tower was for safety concerns rather than aesthetics. After further discussion regarding whether the ordinance should address the power generated by an antenna and its compatibility with the neighborhood, Mr. Ellington stated that he would pose that question to the Department of Airports during their review of the Ordinance, as well as the maximum height which should be allowed, and a possible requirement that each application would be reviewed by the Department of Airports. Mr. Jones questioned whether Section 159.088(D)(c) was too vague, to which City Attorney Baird responded that he assumed this section had been patterned after other ordinances that it was intentionally open ended and that there was some difficulty in deciding what an excessive number of communications towers would be for location on a single lot. Mr. Jones suggested the addition of commercial as well as residential to Section 159.088(E)(1)(b)(3), and in Section 159.088(E)(1)(b)(2) questioned where an origination point for three specific points within a 2000 foot radius would be located. Mr. Ellington responded that was one of the items he planned to research. Mr. Ellington commented regarding Section 159.088(E)(1)(d)(1) that City Council would have the option to deny an application if they deemed the tower too visible from a public roadway. After discussion of fencing requirements, it was suggested that minimum setbacks should be included. Chairman Sabatello declared the Public Hearing open. is 5 • Planning & Zoning Commission Minutes August S, 1995 Attorney Raymond Royce explained that he represented a private client who had made application for a communication tower for a radio station, and commented that the City might be entertaining offers from other radio stations to place a tower on City property which would be a public /private tower. Attorney Royce raised the possibility that public use would not require a public hearing, and would be exempted from setback requirements, while the private use would, and suggested that safety and public hearing requirements should apply equally to public and private use. Provisions regarding hiring consultants might also affect a private applicant but not a public applicant. Attorney Royce questioned whether the inspection every three years was necessary, and whether continuing expenses would apply equally for either public or private use. The Commission agreed that their understanding was that no plans had been made for a joint City /private tower, but that the City could erect a City -owned tower for example to be used by the Fire Department. Chairman Sabatello declared the Public Hearing closed. Mr. Lyddon made a motion to recommend to the City Council adoption of the Ordinance regulating communication towers substantially in the form submitted subject to the concerns expressed by the Planning and Zoning Commission and comments by the public at this Public Hearing. Vice Chair Carlino seconded the motion, which passed by unanimous vote of 7 -0. • SITE PLAN & APPEARANCE REVIEW COMMITTEE Workshop Meeting: Petition SP- 95-12, by Henry Skokowski, agent for MacArthur Holding A., Inc., for site plan approval to construct 32 zero -lot line homes on 6.427 acres on Parcel 16b of the BallenIsles Planned Community District (1442S -42E) Chairman Sabatello requested a BallenIsles Master Plan to be kept in Council Chambers. City Planner Ellington reviewed the staff report dated August 3, 1995. Henry Skokowski, agent for the petitioner, addressed issues raised by staff. agreed to submittal of a certified boundary survey as requested; commented that utilities would be placed within the common area; explained that two utilities, FPL and telephone utilities, would be within the 20' utility easement buffer which would not cause any change to landscaping plans for that area; agreed to provide an additional yield sign at the southwest corner of the first intersection; and proposed that requested parallel guest parking spaces be allowed since the City Engineer's recommendation for elimination was not predicated upon code requirements and the applicant believed that safety concerns were not an issue. Mr. Skokowski pointed out subtle differences in building elevations from those already approved and being built in Parcel 17. Nader Salour suggested limiting what was requested from Seacoast Utility in order to avoid confusion, and discussed the bridge and its alignment on the Seacoast Utility easement. After discussion, it was agreed to keep the bridge location within the common area. 0 6 • Planning & Zoning Commission Minutes August 8, 1995 Mr. Mignogna pointed out that Lot 1 on the site plan extended into the right of way which Mr. Skokowski agreed to correct; questioned no comment by staff regarding turnaround lengths to which Mr. Ellington responded he would verify that the turnarounds were in compliance with Code; stated that the name of Garden Hunt Club should be indicated as Cypress Hollow; and stated that design criteria for the bridge should be 110 mph wind load. Mr. Jones commented he did not consider the parallel parking to be a problem, with which Mr. Pastore and Vice Chair Carlin expressed agreement. Chairman Sabatello verified that the applicant would work out the easement along the right of way, would not lessen landscaping, and would deal with the situation. Chairman Sabatello stated that the only other change to staff comments would be to include the addition that the bridge would be located within the common area. Vice Chair Carlin made a motion to move Petition SP -95 -12 forward to City Council with the following conditions: The roadway providing legal access to the Parcel 16(b) shall be constructed and opened to the public prior to the issuance of a Certificate of Occupancy for the first residential unit and also prior to allowing public access to the model home. 2. The final surface water management system, that is necessary to serve Parcel 16b, shall be constructed with Parcel 16(b) in accordance with the conceptual South Florida Water Management District permit. This entire system shall be completed including legal positive outfall prior to issuance of the first Certificate of Occupancy. 3. Prior to final site plan approval, the petitioner shall submit a certified boundary survey showing all encumbrances of record. 4. Prior to submission to the City Council, site plan shall be revised to provide that an additional yield sign shall be placed at the southwest corner of the first intersection. 5. Prior to being scheduled before the City Council the site plan and the Spur Road cross section shall be revised to reflect a 20 -foot utility easement. 6. The utility easements and the waterway easement shall be aligned within the common areas of Parcels 16(b) and Parcel 17. Motion was seconded by Mr. Mignogna, and passed by a unanimous 7 -0 vote. Recommendation to City Council: Petition SP- 95 -13, by Henry Skokowski, agent for MacArthur Holding A, Inc., is requesting site plan approval to construct 38 single family custom residential units on 12.8% acres on Parcel 25A in the Ballenlsles Country Club Planned Community District (PCD). (14- 42S -42E) 7 Planning & Zoning Commission Minutes August 8, 1995 Principal Planner Ellington reviewed the staff report dated August 3, 1995 Chairman Sabatello verified that the interpretation of the fence was clearly understood. Mr. Ellington responded that the City Council would need to approve a 4 -foot height rather than a 6 -foot fence. Henry Skokowski, agent for the petitioner, provided brief comments regarding the buffer landscaping, the chain link fence, and varieties of plants, and explained that adjoining residents were in agreement. At Mr. Ellington's suggestion, Chairman Sabatello directed the petitioner to note on plans the height and location of the fence before review by the City Council. Vice Chair Carlin made a motion to recommend approval of Petition SP -95 -13 to City Council with the following conditions: The roadway providing legal access to Parcel 25a shall be constructed and opened to the public prior to issuance of a Certificate of Occupancy for the first residential unit and also prior to allowing public access to model homes. 2. The final surface water management system, that is necessary to serve Parcel 25a, shall be constructed with Parcel 25a in accordance with the conceptual South Florida Water Management District permit. This entire system shall be completed including legal positive outfall prior to issuance of the first Certificate of Occupancy. Prior to final site plan approval, the petitioner shall submit a certified boundary survey showing all encumbrances of record. 4. The black vinyl- coated fence proposed within the 25 -foot buffer to the north of the subject parcel shall be installed at 4 feet in height. 5. Location and height of fence shall be noted on plans prior to consideration by the City Council. Motion was seconded by Mr. Mignogna and passed by unanimous 7 -0 vote. Recommendation to City Council: 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- 42S -42E) Principal Planner Ellington reviewed issues outstanding from the last meeting from the staff report dated August 3, 1995. • 8 Planning & Zoning Commission Minutes August 8, 1995 Henry Skokowski, agent for the petitioner, stated that both the City Engineer's concerns and the Fire Department's concerns regarding parking had been satisfied, and explained that in addition to roadway changes that 2 feet had been added to the lengthwise measurement of the buildings in the parking garage areas. Mr. Skokowski commented on the buffer area and explained that he believed the residents wanted the chain link fence but not the proposed four -feet hedge in order that their view of the golf course would remain unobstructed. After ensuing discussion, residents were invited to speak. Ross Wilcox, Gardens Glen Circle, Block 18, reported that residents had met with Mr. Salour to try to resolve this issue. Mr. Wilcox pointed out that the original PUD was approved with no fence, a minimal buffer, and a golf course; and that now BallenIsles proposed a 4 -foot fence, palm trees at 24 -foot intervals on center, and a 4 -foot hedge. A petition had been signed by all of the Gardens Glen residents on the east side in objection to the 4 -foot hedge. Joe Cario, 9012 Gardens Glen Circle, agreed with comments made by Mr. Wilcox, and questioned whether the proposed hedge would interfere with drainage, and stated that SFWMD only allowed mulch or seed so as not to retard water runoff from adjacent areas. Chairman Sabatello requested that Mr. Cario provide a copy of that provision to staff. Mr. Cario voiced strenuous objection to the hedge, and elaborated on the objection. Mr. Pastore commented that drainage should be adequately addressed by SFWMD in their review during the permitting process for Parcel 6b. Mr. Jeff Sax, Gardens Glen Circle, explained that previous comments by residents were the consensus of the community, and that they had agreed to two proposed items out • of three. Mr. Sax discussed the proposed placement of the hedge and how it would block the view, and discussed the feelings of the residents. Chairman Sabatello was sympathetic but advised that this was not a unique situation and explained that the Commission was interested in protecting the rights of both parties. Discussion ensued regarding the original master plan and that the golf course was always intended to be in that area. Mr. Salour made the point that everywhere other than on specific communities named on the PCD located north of Holly Drive, a 25 -foot wide solid landscape buffer was required; and explained that in order to be a good neighbor the original 6 -foot high hedge and fence had been reduced to 4 feet and that this was a minimal buffer. Chairman Sabatello expressed concern that a future resident of Gardens Glen might object to the sparse buffer landscaping. Mr. Ellington explained that some consensus from the Committee was desired although ultimately the decision would be up to City Council. Comments from the Committee members included the possibility of diverse landscaping to allow views rather than a solid hedge, and the desire for more landscaping to be nearer in conformance with other landscaping buffers. Motion was made by Vice Chair Carlino to recommend Petition SP -95 -11 to City Council with the following recommendations: A certified boundary survey showing all encumbrances of record shall be submitted prior to final site plan approval. 2. The 12 -foot Seacoast Utility Easement shall be abandoned or relocated prior to review and approval of the record plat for this parcel. 3. The applicant shall provide written verification from FP &L to relocate /remove the existing FP &L powerlines prior to review and approval of the record plat for this parcel. • 9 ® Planning & Zoning Commission Minutes August 8, 1995 4. The roadway providing legal access to Parcel 6b shall be platted, constructed, and opened to the public prior to the issuance of a Certificate of Occupancy for the first residential unit and also prior to allowing public access to model homes. 5. The final surface water management system, that is necessary to serve Parcel 6b, shall be constructed with Parcel 6b in accordance with the conceptual South Florida Water Management District permit prior to issuance of the first Certificate of Occupancy. 6. The landscape buffer plan for the area between Parcels 6b and 19b shall be submitted for review and approval with the development application for Parcel 19b and shall be installed concurrent with the development of Parcel 19b. 7. Prior to final site plan approval, the ultimate design of the 25 -foot landscape buffer along the west side of Gardens Glen shall be approved by the City Council. 8. A waiver shall be approved for parking based on the number of bedrooms. 9. A waiver shall be approved for continuing the sidewalk around the cul -de -sac. 10. Prior to final site plan approval the site plan shall be revised to note the height and location of the fence. Mr. Paganini seconded the motion. Chairman Sabatello stated for the record that the Committee supported a minimum buffer as shown on the site plan and also supported additional landscaping. Motion passed by unanimous 7 -0 vote. OLD BUSINESS Chairman Sabatello questioned Mr. Honig's absence and was told he was out of state; and verified that Mr. Glidden was satisfied as to the conflict of interest issue. Mr. Ellington commented that Mr. Glidden was only required to step down from those projects where he would have a conflict of interest. NEW BUSINESS There was no new business to come before the Commission. • 10 Planning & Zoning Commission Minutes August 8, 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 11:00 P.M. The next meeting will be held August 22, 1995. APPRO D: Carl Sabatello, Chairman (Absent) John Glidden P'Q�Lr ` Phillip ddo �aw'l Afk Thomas Pastore Paganini; Alternate Melissa Prindiville', Secretary 11 Diane Carlino, Vice Chair (Absent) Daniel Honig William Mignogna C__ I Orl� Christopher Anes, Aftemate