HomeMy WebLinkAboutMinutes P&Z 111495• CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
November 14, 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 Chair Diane Carlin 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 Secretary Alice Everard:
Prese n
Absent
Diane Carlino, Vice Chair Carl Sabatello, Chairman
John Glidden
Daniel Honig
Phillip Lyddon
William Mignogna
Thomas Pastore
Christopher Jones, Alternate
• Tom Paganini, Alternate
Also present at the meeting were City Council Liaison David Clark, Assistant City Attorney Paul
Golis, Planning and Zoning Director Richard Walton, and Principal Planner Bristol Ellington.
ITEMS BY PLANNING AND ZONING DIRECTOR
There were no items by the Planning and Zoning Director.
ITEMS BY CITY COUNCIL LIAISON
City Council Liaison Clark stated he had no items to report.
APPROVAL OF MINUTES:
Minutes of October 24, 1995 - Mr. Lyddon requested a change on page 9 to change CAM to
CAN. Mr. Pastore requested insertion on page 13 to state that Mr. Lyddon and Mr. Pastore were
opposed to the motion. Mr. Honig made a motion to approve the minutes as amended. The
motion was seconded by Mr. Lyddon. The motion was approved by a 7 -1 vote, with abstention
by Mr. Paganini who was not present at the meeting.
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• Planning & Zoning Commission Minutes
November 14, 1995
Recommendation to City Council: Petition P- 95-16, by Sara Lockhart, agent for Shoppes
on the Green, is requesting site plan approval for the development of a 2,654 square foot
Burger King restaurant. The site is located within the Shoppes on the Green Shopping
Center at PGA National, east of Fairway Avenue, between the Great Western Bank and the
First Union Bank out - parcels. (10- 42S -42E)
Principal Planner Ellington reviewed the staff report dated November 9, 1995.
Sara Lockhart explained the modifications which had been made since the last meeting. Mr.
Glidden questioned the dimensions of the drive thru and loading zone shown on the drawing.
Mr. Glidden also questioned the distance from the parapet to the flat roof, stating it was 2 feet
4 inches by scale, which was not much height for screening equipment. Mr. Glidden stated that
a condition would be needed to state that the height of the parapet would increase in order to
screen roof - mounted equipment. Mr. Lyddon questioned the reason for the gap in landscaping
at the entrance to the parking lot. Ms. Lockhart explained it was due to the original Shoppes on
• the Green plan which had clusters of trees in that area and was an existing condition. Ms.
Lockhart stated that area was frontage for the applicant's parcel, whose property line was set
back from the frontage area. Mr. Lyddon stated he saw no reason for the gap and believed it
was within control of the petitioner. Ms. Lockhart explained that the original PUD had expired
and had been reinstated approximately a year ago, and at that time the property had undergone
rigorous review by City Council in regard to landscaping. Mr. Lyddon stated he was satisfied
with the explanation. Mr. Honig questioned who would operate the Burger King and whether
it was a franchise, to which Ms. Lockhart responded that it would be a Burger King franchise.
Mr. Glidden questioned whether the 5' -6" dumpster enclosure met height requirements.
Principal Planner Ellington responded that Code required all dumpster screening to be a
minimum of 6' high. Mr. Glidden commented that if the dumpster were taller that the screen
would need to be high enough to screen the dumpster.
Mr. Honig made a motion to recommend approval to the City Council with the following
conditions as outlined by Mr. Glidden:
1. The enclosure wall for the dumpster shall be a minunum of 6 feet or higher as necessary
to totally hide line of sight view of the dumpster.
2. The top of the parapet wall shall be increased as necessary to hide line of sight view to
any roof top equipment. In this case line of sight shall mean the same height as the
equipment.
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November 14, 1995
Mr. Lyddon seconded the motion, which carried by unanimous vote of 8 -0.
PLANNING AND ZONING COMMISSION
Public Hearing: Pethio PUD- 95 -03, by Robert A. Bentz, agent for Dr. Mark Damerau,
to rezone a 5.15 -acre tract to a Planned Unit Development (PUD) for an executive office
park totaling 50,000 square feet. (8- 42S -43E)
Vice Chair Carlin declared the Public Hearing open. Hearing no comments from the public,
Vice Chair Carlino declared the Public Hearing postponed until November 28, 1995.
Public Hearing: Petition PCD - 95-02, by Domenick Lioce, agent for CTB Realty Ventures,
Inc., is requesting an amendment to Ordinance 1, 1990 for the Northcorp Center Planned
Community District (PCD). Located, in general, by RCA Boulevard to the north, Burns
Road to the south, Interstate 95 to the west and the FEC Railway. (7- 42S -43E)
• Principal Planner Ellington advised that staff recommended this Public Hearing be postponed
until the Petitioner had provided information requested by the City Engineer. Mr. Ellington
explained that the Petitioner was working with staff to determine the information needed and
requested that the Public Hearing be postponed until the first meeting in December to allow
sufficient time for required reviews.
Domenick Lioce, agent for the Petitioner, commented that this application was an amendment
to an existing PCD to make several corrections, of which the two substantive issues were (1) the
locations within the PCD of various uses which were originally permitted and extended as uses;
and (2) the change in requirement procedure to allow the City to reduce open space without
amending the PCD each time. Attorney Lioce requested postponement until November 28 ,
since he believed all issues would be resolved at the meeting scheduled for the next day; with
a second postponement to December 12 if all issues were not resolved by November 28.
Attorney Lioce explained that two projects were waiting for this approval before they could
proceed.
Planning and Zoning Director Walton explained that November 28 would not allow sufficient
time for review by the City Engineer, traffic consultant, and final preparation by staff since they
were overburdened with work. Discussion ensued regarding whether continuation could be
granted with a condition that if there were no concerns by the City Engineer at the next day's
meeting that postponement would be to November 28, and if there were concerns that the
postponement would be to December 12. After a poll of the Commission members which
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November 14, 1995
resulted in the majority favoring a December 12 postponement, Vice Chair Carlino declared the
Public Hearing postponed to December 12, 1995.
Public Hearing: Petition PUD- 95-05, by LeRoy Sherman, agent for Development Ventures,
Inc., to 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.
(8- 42S -43E)
Principal Planner Ellington distributed to Commission members a list of revised conditions and
reviewed the staff report dated November 9, 1995. Mr. Ellington explained that Condition (1)
which required construction of a sidewalk along Prosperity Farms Road had been determined
by the City Engineer to be impossible due to the location of a canal and mangroves both for this
project and for the Damerau project. The City Engineer had recommended that the condition
remain as worded so that this petition could move forward, and that it be changed at some point
before submittal to City Council to require money in lieu of construction of the sidewalk.
Discussion ensued regarding Condition (1). Mr. Honig questioned whether the Commission
• could approve this petition subject to an agreement for payment of money in lieu of a sidewalk,
to which Mr. Ellington responded affirmatively. Mr. Glidden referred to Condition (8), and
inquired whether there was a complete and detailed drainage plan that allowed for flow between
the units onto the street and if there were other drainage easements. Mr. Ellington responded
staff was recommending that the perimeter of the site be recorded as an easement and that he
understood the drainage would flow in back to the easement and in front to the roadway, and
that was in the homeowners documents. Mr. Jones referred to Condition (16) and questioned
whether tortoise relocation would be done after construction had started. Mr. Ellington
explained that the tortoise relocation must be accomplished prior to final approval of
construction drawings or the commencement of construction, whichever occurred first.
Mr. Sherman, agent for the Petitioner, reviewed a drawing of a proposed sidewalk and described
obstacles to installation of a sidewalk, and concluded that if soft ground areas could be stabilized
that a 4 -foot wide sidewalk might be possible. Mr. Glidden expressed concern that the design
criteria on "Exhibit A" imposed no limits. During ensuing discussion, Mr. Glidden suggested
bandings should be a minimum of 6" and a 4/12 roof pitch should be minimum. Mr. Ellington
commented that approvals had been granted for some Ballenlsles single family detached homes
with no design criteria. Mr. Lyddon inquired whether galvanized steel would be used as roofing
material. Michael Sands responded that the first model had that type of roofing material, and
Mr. Sherman commented that this material had been chosen to prevent duplication of problems
experienced by a neighboring community where damage to their roofs had been done by
squirrels and other animals. Mr. Lyddon commented that he appreciated all the work that had
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November 14, 1995
been done regarding the sidewalk, and suggested an addition to Condition (1) such as "or
alternative arrangements suitable to staff." Mr. Jones suggested that when homeowners
documents were formulated for architecture that restrictions should be included to assure
continuity within the community, and complimented Mr. Sherman on the work he had done. Mr.
Honig questioned whether the maximum building envelope was established by the setbacks, to
which Mr. Sherman responded that was the maximum according to law, but the maximum
according to the Association which would be set up was 7500 square foot average per lot. The
maximum floor area of the house was 4800 SF per lot, but a second story could be built. Mr.
Sherman responded to Mr. Glidden that he was willing to commit to a total impervious area
maximum of 81,600 SF.
Mr. Honig expressed concern regarding how to keep all of the houses consistent with one theme,
and felt that more restrictions were needed. Mr. Sherman responded that all homes would be
required to use pervious concrete for driveway material. Mr. Honig requested a list of building
restrictions as envisioned by Mr. Sherman. Discussion ensued regarding how to insure that the
development remained Key West style homes. Mr. Honig thought more restrictions were
needed, and agreed that staff could approve a list of restrictions. Mr. Glidden commented that
where he lived in PGA National that any style house could be built and the setback was 7 -1/2
feet from the property line, where here it was 20 feet. Mr. Glidden stated that if horizontal lap
is siding was specified throughout the development that would provide a strong Key West
architectural theme, and the three materials provided as options for roofing materials would be
all right. Mr. Glidden stated that he believed there should be some control over the driveway
material- Mr. Sherman stated that he had stipulated pervious concrete but had left this item open
in case new products were on the market before driveways were installed. Mr. Glidden stated
that specification of "a concrete type material as opposed to asphalt" would raise the driveway
quality, or to specify "concrete or paver type system ". Mr. Glidden expressed concern that if
all homes except the last three built were built to the maximum square footage allowed then the
last three people to build would have a problem. Mr. Sherman gave an example of Lot 11 for
which the home, sidewalk, and driveway square footage totaled 7,885, with the driveway and
sidewalk being pervious areas and the house and swimming pool area would be impervious
areas. Mr. Glidden commented that the Code defined impervious area as any area not
landscaped, but if the driveway area could be considered pervious that there was more latitude
because no one would have an average of 4800 SF unless monstrous homes were built. Mr.
Honig questioned whether Mr. Sherman would sell two lots to one person to build a large house.
Mr. Sherman responded that he would do that with certain lots only if he knew the exact design
of the house; therefore, the house design would have to be completed before sale of the lots.
Mr. Glidden commented that he believed it very unlikely that the last three people would run out
of space. Mr. Honig commented that someone would want to purchase two lots and build a
monstrous house, and was troubled with bringing two lots together since 9600 SF would be
available on the ground floor. Mr. Sherman stated that he had no problem with a stipulation that
there could be no double lots. Planning and Zoning Director Walton commented that through
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November 14, 1995
the environmental preserve that green areas must be preserved. A poll of the Commission
members revealed that everyone believed a stipulation that there could not be one house built
on two lots was unnecessary, therefore, Mr. Honig stated he would make it unanimous.
Vice Chair Carlin declared the Public Hearing open for Petition PUD- 95 -05.
Tin Crowley stated he lived at 2585 Prosperity Oaks Court, on the property immediately south
of this parcel. Mr. Crowley reported Mr. Sherman had worked very hard to lay out the site plan
over the past year and had worked with all the neighbors very well. Mr. Crowley stated he hated
to see a lot of restrictions placed upon what someone might be able to do with a house when
they had paid $100,000 for a lot; that his street had various styles of architecture which blended
well; and that Mr. Crowley and his neighbors supported Mr. Sherman and hoped the City would
work with him. Mr. Crowley stated their concern was in regard to drainage problems and the
50 -foot easement from RCA Boulevard to Burns Road on adjacent properties which caused
flooding in his neighborhood. Mr. Crowley explained that Mr. Sherman was willing to take
steps to insure proper drainage and that this was the time to tie it all together to make sure there
were no more drainage problems. Mr. Crowley expressed support for Mr. Sherman's concept
and stated it would blend in well with their community.
is There being no further comments from the public, Vice Chair Carlin declared the Public
Hearing closed.
Mr. Lyddon made a motion to recommend approval of this petition to the City Council subject
to the conditions as listed by staff with the following changes: Condition (1): add at the end of
the first sentence, "or suitable substitute arrangements satisfactory to staff." To amend Exhibit
"A" as follows: Add the word "horizontal" to lap siding; that the roof style be pitched at a
minimum of 4/12; that any window banding be a minimum of 6 ", and that the driveway material
be concrete type material or paver system.
Therefore, the conditions shall be as follows:
1. A permit from Palm Beach County shall be obtained to construct the sidewalk along the
entire length of the development within the Prosperity Farms Road right -of -way prior to
construction plan approval, or suitable substitute arrangements satisfactory to staff shall
be made. This sidewalk shall also extend south to Prosperity Oaks Court.
2. Drainage easements shall preserve all facets of the surface water management system and
responsibility assigned for operation and maintenance, prior to record plat. The drainage
easements at the rear of the lots are to be for the swales/retention areas. The location of
these swale /retention areas will need to be shown on the construction drawings providing
for appropriate separation between the retention areas and potential building lines.
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November 14, 1995
3. The applicant shall cooperate with the City to help resolve existing drainage problems
to the north and south of this project prior to construction plan approval.
4. A permit from South Florida Water Management District for the surface water
management system shall be obtained prior to construction plan and record plat approval.
5. A permit from Palm Beach County shall be obtained for the discharge of stormwater into
the existing wetland/canal to the east of the project prior to construction plan and record
plat approval.
6. Interior sidewalks shall be placed within rights -of -way and/or easements prior to record
plat approval.
7. The architectural styles of the homes shall be Key West/Plantation, with some colonial
or traditional themes in accordance with the design criteria attached hereto as Exhibit
"A"
8. The building foundation types, such stem wall or other equivalent types or modifications
thereof, shall be used to limit the interruption of the natural drainage flow and protect the
• viability of the natural areas.
9. The fence along the north and south boundaries of the development shall be installed
prior to the issuance of the first certificate of occupancy for any house in the
development. The fences along each boundary shall be of like material and height for the
entire length of that boundary.
10. Any fencing along the east property boundary of the development or within individual
lots shall be of like material and height and shall not be installed within the
preserve /natural areas.
11. The landscaping within the roadway cul -de -sacs shall be installed prior to the issuance
of the first certificate of occupancy. All other road landscaping shall be installed
incremental with the certificate of occupancy for each home.
12. The minimum 15 -foot right -of -way (R.O.W.) landscape buffer /natural area within Lots
1, 2, 3, and 17 shall be dedicated as an easement to the Homeowner's Association (HOA).
If the Mangrove area is removed, all or in part, the R.O.W. buffer plan shall be installed
by the HOA within 60 days of a City request.
13. Landscaping/tree protection plans for each lot shall be approved by the HOA prior to the
issuance of any land clearing / underground /drainage /construction/building permit. The
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November 14,1995
Building Department shall require written confirmation of the HOA approval for the
development of each home. The landscaping/tree protection plan shall be a part of the
construction plans for each lot.
14. An annual report from the HOA shall be submitted to the City during the duration of the
development of the project that evaluates the proposed tree protection as it relates to the
final goal of protecting 325 Oak trees. All lot landscaping shall be installed prior to the
issuance of the certificate of occupancy of each house. Furthermore, prior to the issuance
of the certificate of occupancy of the last house within the planned unit development, the
HOA and the Landscape Architect of Record shall certify, in writing, that all tree
protection goals have been achieved and all common landscaping is completed per the
approved plans.
15. Prior to final approval of construction drawings or commencement of land alteration,
whichever occurs first, the listed plant species shall be preserved on -site by transplanting
the sabal palms via a tree spade and/or leaving the trees in place.
16. Prior to final approval of construction drawings or commencement of land alteration,
whichever occurs first, the Florida Game and Fresh Water Fish Commission shall issue
• a permit for tortoise relocation. Extreme care shall be exercised during burrow
excavation to ensure the survival of commensal species.
17. The proposed project shall be micro -sited to ensure the protection of listed plant and
animal species, ensure the highest quality wetlands and uplands are preserved intact and
ensure that an adequate buffer is maintained around all preserved wetlands. Certification
shall be required from the applicant's landscape architect stating the highest quality
preserve and buffer areas and all listed plant and animal species have been maintained
on -site within a functional ecosystem. This certification shall be submitted prior to
commencement of land alteration/construction activities.
18. The applicant shall take extreme caution when filling in and around preservation areas
to ensure to protection of the root zone and canopy drip line area. No changes in pH and
topography /drainage may result in disturbance or destruction of the preserve area.
Protection of preserve and buffer areas shall be monitored by applicant's landscape
architect and/or environmental consultant during land alteration/construction activities.
19. Prior to final approval of construction drawings or commencement of land alteration,
whichever occurs first, the perpetual maintenance and protection of designated
preserve /natural areas shall be established by a legally - binding, recorded instrument,
which shall be reviewed and approved by the city attorney.
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November 14, 1995
20. The preserve /natural areas shall be retained by a homeowner's or property owner's
association under the following conditions:
a. Such preserve /natural area shall be preserved, protected, and maintained through
recorded covenants running with the land, deed restrictions or conservation
easements. Title of such area shall be encumbered for the perpetual benefit of the
public generally, and all future use shall be consistent with the preservation space
intent and purpose;
b. A stated obligation on behalf of the association to pay for the cost of care and
maintenance of all preserve areas; and
C. A management plan shall be incorporated into association documents prior to final
approval of construction drawings or commencement of land alteration, whichever
occurs first.
21. The lighting fixtures shall not conflict with tree site locations.
Exhibit "A" shall be as follows:
• EXHIBIT "A"
Notes:
Unifying Architectural Features shall include:
*Concrete Block or Wood Framed Construction
*Horizontal Lap Siding (Cedar, Hardiboard, etc.) With Accents
*Roof Styles shall be pitched at a minimum of 4/12 and shall be:
- Gabled
-Hip
- Boston Hip
*Roof Material shall be:
- Dimensional Fiberglass Shingles
-Flat Rustic Cement Tiles
- Standing Seam Galvanized Steel
*Garage Doors to Complement the Exterior of the Building
*Entry Porticos or Porches
*Colors shall be Earthtones and White Derivatives
*Windows shall have Bandings or Shutters
-Any window banding shall be a minimum of 6"
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November 14, 1995
Gutters, Downspouts and Patio Drains shall direct Storm Water Run -off to Collection Stations
as Specified by the Drainage Plan.
Building Heights Shall not Exceed 36 feet.
Landscape Guidelines:
*Only Native Plant Material shall be permitted in all natural areas on lots.
*Only Native Trees shall be used.
*Only 25% of Proposed Plant Material used within the non - natural areas may be non-
native.
*Significant Native Vegetation that will be displaced with the development of a lot will
be relocated within the project where feasible.
Building Envelope Guidelines:
*Maximum Air Conditioned Space shall be 2,400 SF.
*Maximum Driveway Width shall be 12 feet.
*Maximum Impervious Area for all lots measuring from the outside of the curb shall be
81,600 SF (average 4,800 SF x 17 lots), allotted per lot by Developer/HOA.
*Pervious Material Acceptable to Developer/HOA shall be used for driveways, sidewalk
• appurtenant to the road, and garage aprons.
- Driveway material be concrete type material or paver system.
Motion was seconded by Mr. Mignogna and carried by unanimous vote of 8 -0.
OLD BUSINESS
Mr. Glidden questioned whether the proposed plan for the New City Hall would cause the loss
of the tennis courts. Planning and Zoning Director Walton responded that the plan and exact
location had not yet been finalized, and that the tennis courts would be relocated.
NEW BUSINESS
There was no new business to come before the Commission.
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November 14, 1995
► 1 _
There being no further business, upon motion by Mr. Jones, seconded by Mr. Honig, and
unanimously carried, the meeting was adjourned at 8 :40 P.M. The next meeting will be held
November 28, 1995.
APPROVED:
(Absent)
Carl Sabatello, Chairman
John Glidden
Phillip Ly on
4 pk�ZL
Thomas Pastore
;6)m::Pagg-anini, Altemate
Alice Everar , Secretary
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Diane Carlino, Vice Chair
William Mignogna
Christopher Jones, Alternate