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HomeMy WebLinkAboutMinutes P&Z 011194CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION JANUARY 11, 1994 MEETING MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chairman Jeffrey Ornstein 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 the secretary and present were: Chairman Jeffrey Ornstein, Carl Sabatello, Diane Carlino, Daniel Honig, Joseph Hamzy and Alan Strassler, Members, and William Mignogna, Alternate Member. Mr. Phillip Lyddon, Member, was absent. ITEMS BY PLANNING AND ZONING DIRECTOR 0 Rich Walton, Planning and Zoning Director, introduced Assistant City Manager Greg Dunham and City Attorney Tom Baird. • APPROVAL OF MINUTES OF DECEMBER 14, 1993 Carl Sabatello made a motion to approve the minutes of the December 14, 1993 Planning and Zoning Commission meeting. Joseph Hamzy seconded the motion. The motion was approved by a 5 -0 vote, with Diane Carlino and Daniel Honig abstaining. PLANNING AND ZONING COMMISSION PUBLIC HEARING : Petition Z- 93 -01, by George F. Alsbrooks III, agent for the John D. and Catherine T. MacArthur Foundation, representing AT &T Communications, is requesting a rezoning from the Palm Beach County zoning designation of AR, Agricultural Residential, to the Palm Beach Gardens zoning designation of RS -1, Residential Single Family. (22- 42S -42E) 1 • Chairman Ornstein recommended that the Petition CU- 93 -06, ATT Regenerator Conditional Use, be moved up the agenda to be discussed after the ATT Rezoning petition. The Commission agreed. Bristol S. Ellington, City Planner, reviewed the January 6, 1994 staff report on the above- referenced petition. George Alsbrooks III, agent for the petitioner, said the petitioner made changes to the plan to reflect the Commission's comments. He said the two buildings will be built four feet apart and will share a single gable roof. Mr. Alsbrooks said the buildings will be the same color, per the Commission's direction. Chairman Ornstein opened the Public Hearing. Upon hearing no public comment, Chairman Ornstein closed the Public Hearing. • The Motion Carl Sabatello made a motion to recommend approval to City Council of the above- • referenced petition. Diane Carlino seconded the motion. The motion was approved by a 7 -0 vote. WORKSHOP : Petition CU- 93 -06, by George F. Alsbrooks III, agent for the John D. and Catherine T. MacArthur Foundation, representing AT &T Communications, is requesting a conditional use for a regenerator building on property located at the northwest corner of the intersection of Florida's Turnpike and Beeline Highway. (22- 42S -42E) Upon hearing no comments from the Commission about this project, Chairman Ornstein said the petitioner will be back before Commission at its January 25, 1994 meeting for a Public Hearing. PUBLIC HEARING: Regarding Covered Parking guidelines for Non - Residential 2 Development Projects. • Bristol S. Ellington reviewed the January 6, 1994 staff report for the above - referenced subject. Chairman Ornstein said these guidelines assume that covered parking will be an awning, which might not be the case. He said the covered parking could be a regular structure. Chairman Ornstein suggested that guideline #3 refer to the "structural integrity of the unit." Mr. Strassler suggested that this wording be changed to the "integrity of the structure." Mr. Strassler added that on guideline #4 the word "awning" should be removed. Ms. Carlino said that "awning" should be removed from guideline #5. Mr. Sabatello asked if the covered parking structures will regulated by lot coverage restrictions. Mr. Walton said that would be staff's interpretation. • Chairman Ornstein suggested that guideline #4 refer to "land development regulations" instead of "density controls." Mr. Walton said the City does not have Land Development 40 Regulations. Joseph Hamzy suggested that guideline #4 refer to "all zoning regulations." City Attorney Thomas Baird suggested that guideline #4 refer to "all zoning regulation of the applicable districts." Daniel Honig said that is redundant. Mr. Hamzy suggested that the guideline refer to "all zoning regulations." Mr. Baird agreed. Mr. Honig said guideline #7 will be tough to enforce and is vague. Mr. Hamzy asked if the parking structure is an accessory structure or a building. He said the City can't restrict buildings from the right -of -way view. 3 Mr. Honig said there are a lot of loose ends in these regulations. Mr. Hamzy added that the City, in the past, has not included awning structures with lot coverage. Mr. Honig said these guidelines include a building code, a zoning code and use regulations all confused in one ordinance. He said staff probably needs to reexamine the guidelines. Mr. Strassler said this should not affect the lot coverage and parking requirements of the site. Mr. Honig suggested sending the guidelines back to staff for revisions. Chairman Ornstein opened the Public Hearing. Larry Smith, agent for the Harbour Shops, which has a request for covered parking, said he would like only some of the zoning regulations apply to the approval of covered parking • structures. He suggested that the phrase "density controls" be used in guideline #4. He requested that this be moved on to City Council. • Upon hearing no further public comment, Chairman Ornstein closed the Public Hearing. Chairman Ornstein suggested eliminating guideline #7. Ms. Carlino said that guideline #7 should be kept, but the phrase "to the greatest extent possible" should be eliminated. Chairman Ornstein said it may not be possible to hide the covered parking structure. Mr. Hamzy added that the City may not want to put the covered parking behind a building. The location of the covered parking structures should be at the discretion of the zoning administration so that it may be best hidden from the public rights -of -way, said Mr. Honig. Chairman Ornstein suggested that all covered parking structures must by approved by the 4 Planning and Zoning Commission and /or the City Council. is Mr. Honig said the Commission should recommend that the City Council approve the Harbour Shops request for covered parking structures while the Commission reworks the guidelines. Chairman Ornstein said the Commission needs to find wording the ensures that covered parking structures in all cases including straight zoning site plan review. After discussion with the Commission, Mr. Baird suggested the final wording for guideline #7: "The location of the covered parking structures shall be subject to City approval during the development review or site plan review process." The Motion Mr. Sabatello made a motion to recommend approval to City Council of the above- referenced petition with the proposed guidelines revised as follows: COVERED PARKING GUIDELINES FOR NON - RESIDENTIAL DEVELOPMENT PROJECTS 1. The covered parking structure shall be clean and well- maintained. Disrepairs, including but not limited to rips, tears, holes, rust and discoloration, shall be remedied immediately or shall be subject to code enforcement penalties as set forth in Section 159.999 of the City's Code of Ordinances. 2. The appearance and material of the covered parking shall be compatible with the architecture of the development project and shall be subject to review and approval by the City Council. 3. Certification from a licensed structural engineer in the State of Florida of the k • integrity of the structure and covering during hurricane force winds delivering the velocity pressures as set forth in the Standard Building Code. 4. The parking structure shall comply with all zoning regulations. 5. The installation of the covered parking structure shall not interfere with the natural growth of the approved landscaping. 6. Covered parking structures shall not exceed 10 percent of the required parking for the site. 7. The location of the covered parking structures shall be subject to City approval during the development review or site plan review process. 8. The construction of the covered parking shall not impede or alter the security lighting and safety of the surrounding area. is Ms. Carlino seconded the motion. The motion was approved by a 7 -0 vote. PUBLIC HEARING: Regarding Changes to Chapter 153, Landscape Ordinance. City Forester Mark Hendrickson reviewed the December 30, 1993 staff report for the above - referenced petition. Chairman Ornstein opened the Public Hearing. Upon hearing no public comment, Chairman Ornstein closed the Public Hearing. The Motion Mr. Sabatello made a motion to recommend approval to City Council for the following changes to the City's Landscape Ordinance: (New language is in bold letters, and language to be removed has been stricken.) 6 • 153.02 Definitions: "Hatracking" To flat -cut the top and /or sides of a tree, severing the leader or leaders, internodal cuts, or pruning a tree by stubbing off mature wood larger than three (3) inches in diameter; or reducing a mature tree's total circumference or canopy spread by one third (113) or more. 153.05 The Development Application B. Evaluation of the "Development Application will be based upon..... following information: 4. Project Design Plan: e. Detailed Conceptual irrigation system plan, including Tread main lines, value eentr-eller backflow preventor, and water source. Also refer to Section 153.20, • G -2 for more information. 153.06 Administrative Approval Criteria A. The following actions may be approved by the City Manager or his designee upon request for a permit: 7. Temporary landscaping (landscaping other than what was originally approved), if it does not result in the removal of native vegetation. 153.20 Minimum Tree and Plant Installation Standards and Maintenance After Installation Standards: D. Pruning standards as reflected in this chapter shall only apply to non - residential uses, and common areas within PUD, PCD, and DRI projects (all land uses). Wig- e€ Crown reduction of shade trees shall be prohibited until the tree canopy has reached 7 • at least fifteen (15) feet in diameter except to remove limbs or foliage presenting a hazard to structures or mankind, in conflict with a crime prevention program, o" fieeessa to remove dead or diseased limbs, pruning young trees for strength of form, or in association with tree /palm relocation work. E. A plant or tree's growth characteristics shall be considered before Site Plan approval to prevent conflicts with building design, views of signage, underground and overhead utilities, and drainage. Unless otherwise approved by the City, trees shall be of a shape typical of their species throughout their life cycle. F. The following are general pruning requirements: 1. Hatracking is prohibited except pruning that is required to keep utility line clear. Excessive • pruning like hatracking may be considered tree abuse and a code infraction. In determining the correctness of particular tree pruning techniques, the City • shall use the most current edition of the 'Pruning Standards for Shade Trees ", published by the National Arborist Association, or any future national standard on shade tree pruning. 2. - NO CHANGES - 3. If other than the normal expected tree canopy shape is desired by the owner of said tree(s), the desired shape and size shall be indicated on the approved site plan. If not noted, the City will expect a natural shape tree. A landowner can request that their approved site plan be amended to allow tree shaping if the following conditions apply: 8 • Tree(s) are located in a constraining situation such as under power lines. A tree(s) unnatural shape is to be used as an accent or focal point in a landscape design, but not for the total landscape design. A maintenance commitment is clearly outlined on the landscaping plan to explain the care and upkeep of unnaturally shaped trees. 4. Pruning Palm trees shall be limited to dead fronds and up to one third (1/3) the green and seed pods. 5. - NO CHANGES - Section 153.40 Enforcement OMIT Section B. Non - conforming Areas. Paragraph 1. Starting with "Any parcel" and ending with "existing vegetation." • Mr. Strassler seconded the motion. The motion was unanimously passed by a 7 -0 vote. • RECOMMENDATION TO CITY COUNCIL: Petition PUD- 93 -15, by Frank Palen, agent for PGA National Venture, Ltd., for a 50 single - family, detached zero lot -line residential Planned Unit Development (Parcel M -29B) within PGA National Planned Community District. (Diamond Head) (15- 42S -42E) Mr. Hamzy said he had a conflict of interest with the following two petitions and he will step down from the Commission dias and refrain from the discussions. Mr. Ellington reviewed the January 6, 1994 staff report on the above - referenced petition. He added that staff recently received a condition of approval from Waste Management for trash pickup. Chairman Ornstein said the Commission's recent approvals had a minimum five -foot side and rear setbacks for pool and screen enclosures. 0 • Chairman Ornstein read the letter from Waste Management concerning this project. Frank Palen, agent for the petitioner, said Waste Management trucks will back down the access tracks in order to pick up trash at the curbside. Responding to a question from Chairman Ornstein, Llwyd Ecclestone III, petitioner, said trash is stored in the garage and placed on the curb on assigned days. Mr. Honig said there is a serious safety question with trash trucks backing up to collect the trash. He said the Police Department should comment on this plan. Mr. Sabatello asked if there is a problem in moving the project entrance east to line up with the southern access road. Tim Messler, engineer project, said there is not enough room to make the turn off of General Drive. Mr. Strassler suggested that a spot be designated at the end of the access tracts for trash • pick -up. Mr. Honig said he would like a turn around at the end of the access tracts because the trash trucks move quickly. • Mr. Palen suggested that a trash moving service can installed for residents in the access tracts. He added that this is being done in the Monterey Pointe development. Mr. Honig said he has a problem with the developer solving his problem by putting a condition in the homeowners documents. He said this problem exists because the developer is trying to squeeze in as many lots as possible. This is an unacceptable design, Mr. Honig added. Mr. Ecclestone said this practice has been approved by the City for many years. Mr. Strassler said he agrees with Mr. Honig and that this issue needs further study. 10 Ms. Carlino suggested a turn around for the southern access tract. Chairman Ornstein said the zero -lot line homes on lots 21, 22 and 23 can be flipped and create more room for a turn around. Mr. Ecclestone said that would ruin the view to the adjacent golf course. Responding to a question from the Chairman Ornstein, Mr. Palen said the site plan should include a five -foot sidewalk. Mr. Honig said the site looks more than 35 percent lot coverage. He suggested that staff or the developer check the lot coverage for the site. Chairman Ornstein told the petitioner there are a couple of problems which need to be worked out. He said the petitioner needs to look at the setbacks for pools and screen enclosures. • Mr. Ecclestone said setbacks of five feet will eliminate pools for these lots. Mr. Sabatello questioned the recreation calculation between passive and active recreation. • A general discussion on the recreation requirements for the above - referenced parcel ensued. Mr. Honig said he does not believe that there should be dead ends within the project. Mr. Sabatello said there should be notation on the plans detailing the architectural features and landscaping on lots where the zero -lot line side of a house is visible from the road right- of-way. Chairman Ornstein said the petitioner should review the side and rear setbacks for pool, patios and screen enclosures, the lot coverage of the site, and the access tracts. Mr. Honig said the Police and Fire departments should review the plan by Waste Management for waste pickup. 11 • RECOMMENDATION TO CITY COUNCIL: Petition PUD- 93 -16, by Frank Palen, agent for PGA National Venture, Ltd., for a 56 single - family, detached zero lot -line residential Planned Unit Development (Parcel M -31B) within PGA National Planned Community District. (Grand Cay) (15- 42S -42E) Mr. Ellington reviewed the January 6, 1994 staff report for the above - referenced petition. Mr. Palen, agent, said the only issue is the proposed eight -foot setback. He said that this issue can not be worked out with the Commission. He also requested that the Commission make a recommendation to City Council. Chairman Ornstein said the City Council would like those issues worked out with the Commission. A discussion on the proposed eight -foot setback ensued. Chairman Ornstein asked that the petitioner to check the calculations for lot coverage. He also asked that there should be architectural features on the zero -lot line sides of homes on lots 1 and 56. He added that he would like some additional architectural features for lots • 44, 48 and 49. Mr. Ecclestone asked if he could install some additional landscaping in this area. Chairman Ornstein said to have your architects to come up with something. He also questioned the five -foot side and rear pool setbacks. Mr. Ecclestone said he will look at it. Chairman Ornstein said he does not like the eight -foot side setback but he will not fight it. Mr. Honig said he did not have a problem with the eight -foot setback. Mr. Sabatello said he had a problem with the eight -foot setback as the Commission has turned down other projects which had proposed eight -foot setbacks. Chairman Ornstein said the outstanding issues are the setbacks, the architectural features on the elevations and the calculations for the lot coverage. 12 • WORKSHOP MEETING: Petition PUD- 93 -09, by Donaldson Hearing, agent for CTB Realty Ventures XVI, Inc., representing Palm Beach Community Church, XVI, Trustee, for Planned Unit Development approval for the construction of a 71,900 square foot church facility. Located on Lots 8, 9 & 12 of South Park Center Plat in the Northcorp Planned Community District. (1,12- 42S -42E & 1,6- 42S -43E) Mr. Ellington reviewed the January 6, 1994 staff report for the above - referenced petition. Mr. Hamzy asked if the Commission's request for 75 percent of the required parking spaces to be on property owned by the church has been achieved. Mr. Ellington said it had not. Mr. Ellington then reviewed all the outstanding issues concerning this petition. Chairman Ornstein said he was tired of this project and it should be moved on to City Council for its consideration. He added that he did not see any attempt by the petitioner to make any changes. Mr. Honig stated that the shared parking spaces outlined in the executed parking agreement • should run with the land and not the owner. Mr. Strassler questioned the parking spaces placed within the NorthCorp Planned r� U Community District landscape buffer. Mr. Ray Underwood, pastor of the Palm Beach Community Church, said the church is trying to make as many concessions as possible. Mr. Underwood provided a history of the church and this site. He added that he believed that the church has reached an impasse with the Commission. Mr. Donaldson Hearing, agent for the petitioner, said the petitioner has reviewed several scenarios in which to meet the Commission's recommendation for more on -site parking. He added that he believes the church has an adequate amount of parking. Chairman Ornstein said the scale of the building is too large and the architecture is 13 unacceptable. Mr. Honig said the building is a one -use building. He added that all the problems with this project relate to the lack of parking. Mr. Sabatello told the petitioners that the Commission must follow some guidelines concerning parking. Chairman Ornstein said the building is too large for this site. The Motion Chairman Ornstein passed the gavel to Vice Chairman Hamzy and made a motion to recommend denial to City Council of the above - referenced petition for the following reasons: Lack of adequate parking on the church site. • - Parking spaces are located in the approved NorthCorp Planned Community Development landscape buffer. - The scale of the proposed building is too large. The proposed signage is too large. Mr. Alan Strassler seconded the motion. The motion was passed by a 7 -0 vote. WORKSHOP MEETING: Petition MISC- 93 -13, by Barry Byrd, agent for Haft- Gaines Associates, to amend the Frenchman's Creek Yacht Club Planned Unit Development to allow for the public use of the Yacht Club restaurant. Located east of Prosperity Farms Road and south of Donald Ross Road. (29- 41S -43E) Mr. Ellington reviewed the January 6, 1994 staff report on the above - referenced petition. Barry Byrd, agent for the petitioner, distributed information packets on the potential tenant to the Commission. 0 14 In response to a Commission question on whether there will be additional signage, Mr. Byrd 0 said the signage will meet the City Sign Code. Several commissioners expressed their concern for signage being seen from the Prosperity Farms Road bridge at the marina. Mr. Honig asked the petitioner to provide documentation on the restrictions imposed by the Frenchman's Creek Homeowners Association. Mr. Hamzy said the City should not be involved with the enforcement of a private agreement. Mr. Byrd said he would provide documentation. He also asked the Commission to make a recommendation on this petition to City Council. Mr. Walton said he would like to bring the petition back to the Commission after staff has researched the Palm Beach County's restrictions on this site and incorporate those • restrictions into conditions of approval. Mr. Walton also question whether all parties have been properly notified of this action. • Mr. Honig said he was present today when the Homeowners Association president said the request was fine. Mr. Baird said he thinks the Florida Department of Community Affairs and the Treasure Coast Regional Planning Council should be notified of this request. Mr. Byrd argued that state involvement into this request will probably delay approval long enough for the tenant to pull out of the deal. Mr. Hamzy said he had a problem with creating a commercial area within the Frenchman's Creek marina. Mr. Honig said the restaurant is currently an empty building. 15 Mr. Hamzy questioned whether Mr. Honig had a conflict of interest with this petition. •J Mr. Honig said he is a resident of Frenchman's Creek and only has the interest of a neighbor. Upon the request of the Commission, Mr. Baird said Mr. Honig does not have a financial interest in the petition. Chairman Ornstein told the petitioner that he hopes to see him in two weeks, if the development review processing questions are resolved. NEW BUSINESS Mr. Daniel Honig suggested that the Planning and Zoning Commission set an 11 p.m. deadline for the adjournment of the Commission meeting. The Commission agreed. AD_ JOURNMENT • . There being no other business to appear before the Commission, the meeting was adjourned at 8:00 p.m. 16 0 i �r JO eph Var Alan Strassler (000 & V4KIiam Mignogna 2K92 �� Marty R.X Minor, Secretary 17 Carl SAbatello Diane Carlino COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS cDP-tMLSQ CO-, )'HE HOARLX COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: WHO MUST FILE FORM ad This form is for use by any person serf ing at the county, city, or other local level of government on an appointed or elected boar( council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presence with a voting conflict of interest under Sec•titm 112.3143, Florida Statutes. The requirements of this law are mandatory; althoug the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly dependir on whether you hold an elective or appointive position. For this reason, please. pay close attention to the instructions on this fora before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: • A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inur to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the speci gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure c which you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordil the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure whip inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to tl special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but me disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, wheth made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHIC THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible I recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of intere. I(gt%l xN In•NA v 4e . IF.YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and rite it within 15 days after the vote occurs with the person responsible for recording the mine _ of the meeting. who should incorporate the form in the minutes. 4 DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on l�! l� . 19 (a) A measure came or will come before my agency which (check one) inured to my special private gain. or 1,Zinured to the special gain of _ ri UW 2- 5eG -LV-6Ta bJ, r-5 W , by whom I am retains (b) The measure before my agency and the nature of my interest in the measure is as follows: 04 Vtp96P b9 GL- t U-1PT oN OTfifOC- PP-DjV"--S z (s�-, _ - Date Filed Signet NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIR 0 DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIr IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE Ok EMPLOYMENT, DEMOTION. REDUCTION SALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $5,000. E FORM Be • 10-"