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-
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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.
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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.
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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.
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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.
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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)
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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.
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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.
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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.
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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
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Diane Carlino, Vice Chair
(Absent)
Daniel Honig
William Mignogna
C__ I Orl�
Christopher Anes, Aftemate