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HomeMy WebLinkAboutMinutes P&Z 020894CITY OF PALM BEACH GARDENS . PLANNING AND ZONING COMMISSION FEBRUARY 8, 1994 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 all members were present: Chairman Jeffrey Ornstein, Vice Chairman Joseph Hamzy, Members Carl Sabatello, Alan Strassler, Diane Carlino, Daniel Honig, Phillip Lyddon, and Alternate Member William Mignogna. Also present in the audience were City Manager Bobbie Herakovich, Assistant City Attorney Paul Golis, Council Liaison David Clark, Assistant City Manager Greg Dunham, and Planning and Zoning Director Richard Walton. ANNOUNCEMENTS: Chairman Jeffrey Ornstein distributed a memorandum from City Attorney Thomas J. Baird regarding "the appropriate standard of review a reviewing court should follow for rezoning • actions in the context of the deference a court must give to a legislative body on rezoning actions" and "lobbying of members of quasi-judicial boards ". ITEMS BY CITY COUNCIL LIAISON: Mr. David Clark, City Council Liaison, gave the Commission a verbal report of City Council's actions on certain Planning and Zoning items at its February 3, 1994, meeting. He stated Council approved the rezoning and conditional use of the AT &T project; approved the reinstatement of Gardens East PUD; and sent back to staff for further review the covered parking structure guidelines. APPROVAL OF PLANNING & ZONING COMMISSION MINUTES: Mr. Joseph Hamzy made a motion for approval of the January 25, 1994, minutes. Ms. Diane Carlino seconded the motion. The minutes were unanimously approved by a vote of 7 -0. PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL: Petition PUD- 93 -17, by Henry Skokowski, agent for Canterbury Associates, to amend the Canterbury Planned Unit Development for approval of a new model and modification to an existing model, building setback modifications, and approval of revised landscape plans. Located within PGA National • Planned Community District PGA Boulevard. (15- 42S -42E) Minutes Planning & Zoning Commission February 8, 1994 Mr. Bristol Ellington, City Planner, reviewed the staff report dated February 3, 1994. Mr. Joseph Hamzy asked if the Fire Department realized there was no access to the back yards, and Mr. Ellington responded a 5 -foot side yard setback on the non -zero side is proposed. Further, he stated staff has no concerns with the setbacks proposed. Chairman Ornstein stated he was concerned about the zero setbacks since it would be impossible to landscape. Mr. Henry Skokowski spoke to the Commission on behalf of the petitioner regarding the setbacks. Mr. Skokowski proposed a sixth condition of approval which would state, "Any screen enclosures on a rear interior property line with a zero setback would require a 6 -foot masonry wall." Discussion ensued regarding access to the rear yards. Chairman Ornstein suggested it might be helpful if there was a plan of 4 or 5 of the units. • Mr. Carl Sabatello stated the petitioner should reconsider having access to the rear for safety reasons. Chairman Ornstein stated he would like to see a typical plan with landscaping for lots which have a 0 -foot rear yard setback for the screen enclosure. Mr. Daniel Honig stated he was concerned with maintenance personnel having access to the rear yards via the garages. Mr. Ornstein stated access to the rear yards should be revisited, a landscape plan for the models with screen enclosures at the rear should be provided, and the plans should show where landscaping will be installed at the rear. Mr. Strassler suggested that instead of a wall on the property there might be some access easements created between the groups of units from the street. Mr. Ornstein stated this was not possible since the property was already platted. Mr. Ornstein stated that on Sheet A -2 of the Ashley model quoins should be shown on both sides of the corners. 0 2 Minutes • Planning & Zoning Commission February 8, 1994 Mr. Ornstein stated landscape plans were needed for the sides of the four different styles of homes which do not have other buildings next to them. A discussion ensued regarding the screen enclosure setbacks and landscaping at the rear. Mr. Ornstein stated plants other than trees could be used inside the screened areas. Ms. Diane Carlino stated no one other than the homeowners would see this area. Mr. Joseph Hamzy stated he did not feel it was necessary to create separate landscape designs for all the units, but was necessary for the units on the ends and common areas. Mr. Hamzy believed, however, that landscape plans for back yards was absurd. Mr. Honig stated he believed it was up to the individual homeowners as to how their backyards were landscaped. Ms. Carlino stated she did not feel it was necessary to see the landscaping for every model. Mr. Sabatello agreed with Mr. Honig. Mr. Lyddon stated he agreed as well. Mr. Alan Strassler stated carrotwoods were still being shown in the buffered area although these trees had been removed from the City's preferred species list. Several Commissioners suggested that two two -story dwellings not be located side by side, • but the petitioner stated there were already nine existing two -story dwellings. Mr. Skokowski stated they were in agreement with the conditions of approval, but requested that the northern buffer area west of Canterbury, Drive shall be completed prior to the Certificate of Occupancy (CO) of the first home facing to the northern buffer. Similarly, the buffer area east of Canterbury Drive shall be completed prior to the CO of the first home facing the eastern buffer. The Commission agreed to this request. Mr. Hamzy and Chairman Ornstein stated they wanted to see landscape plans wherever corner or end parcels occur. Mr. Sabatello asked that the locations of the windows, including banding or other treatment, be shown on those units facing the streets. He was also concerned about the difference between the elevations of the two -story units. Chairman Ornstein and Mr. Sabatello requested a list, location, and notation on the plans of materials to be used for the landscaping at the rear of the units. In summary, the petitioner agreed to staffs five recommended conditions as follows: 1. Areas that have been allowed to be disturbed pursuant to the approved site plan, and 0 3 Minutes • Planning & Zoning Commission February 8, 1994 subsequently abandoned for any reason for more than three months, shall be seeded with a ground cover or grass immediately upon request by the City or the City shall have the work done at the owner's expense. 2. All landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all landscaping work, and any work that affects the outcome of the approved landscape plans. The Landscape Architect of Record shall notify the City prior to any modifications to the approved landscape plan. 3. Prior to the issuance of the Certificate of Occupancy the Landscape Architect of record shall certify in writing to the City that the landscaping has been completed per the approved landscape plans. Any major changes to the approved landscape plans shall be approved by the City Council. Once the City has the certified letter from the Landscape Architect, the City Forester shall inspect the site for compliance. Once compliance has been confirmed by the City Forester, the City Building Department shall be notified. • 4. Street trees and all associated lot landscaping, and any common area landscaping adjacent to said lot shall be installed prior to the Certificate of Occupancy of said lot. Prior to final sign -off, the landscape Architect of Record shall inspect and certify that all required landscaping is in compliance with the approved landscape plan(s). The City Forester shall approve (sign -off) these areas as they are completed. 5. The northern buffer area west of Canterbury Drive shall be completed prior to the Certificate of Occupancy (CO) of the first home facing to the northern buffer. Similarly, the buffer area east of Canterbury Drive shall be completed prior to the CO of the first home facing the eastern buffer. The Commission agreed to the petitioner's request that Canterbury Drive would the dividing line between for the installation of landscaping in northern and eastern buffers. In addition, it was the consensus of the Commission that the petitioner should make the following changes: Provide an access gate in the wall for the rear yards for safety and maintenance reasons. 0 4 Minutes • Planning & Zoning Commission February 8, 1994 2. Provide landscape plans for the large, end parcels and the corner parcels. 3. Indicate where windows and banding will be located in those homes facing the streets. 4. Provide a list and a notation of landscape materials to be installed at the rear of the lots. 5. Submit a typical lot plan for lots which have a 0 -foot rear yard setback for the screen enclosure. Identify where the required landscaping will be installed. NOTE: Vice Chairman Joseph Hamzy stated he would not participate in the discussion of the following two petitions, Grand Cay and Diamond Head at PGA, citing a conflict of interest. Mr. William Mignogna, Alternate, replaced Mr. Hamzy for these two items. • RECOMMENDATION TO CITY COUNCIL: Petition PUD- 93 -16, by Frank Palen, agent for PGA National Venture, Ltd., for a 55 single - family, detached zero lot -line residential Planned Unit Development (Parcel M -3113) within PGA National Planned Community District. (Grand Cay) (15- 42S -42E) Mr. Bristol Ellington reviewed the staff report dated February 3, 1994. Discussion ensued concerning maximum building coverage. Mr. Frank Palen stated the petitioner accepted the conditions of staff. Chairman Ornstein stated the petitioner had done a good job on this project. Mr. Carl Sabatello requested that a notation be added stating trees would be located to provide screening for two -story dwellings or any blank walls. Mr. Sabatello also requested that all side elevations facing the roadways would be banded. Mr. Sabatello stated Lots 1 and 55 needed tall trees. Mr. Strassler initiated a discussion of the landscaping between Lots 50 and 52 on the "zero" 0 5 Minutes • Planning & Zoning Commission February 8, 1994 side. Motion: Ms. Diane Carlino made a motion to recommend approval of PUD -93 -16 to the City Council with the following conditions: 1. Areas cleared for development and subsequently abandoned for any reason for more than three months, shall be seeded with a ground cover or grass immediately upon request by the City or the City shall have the work done at the owner's expense. 2. All landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all landscaping work, and any work that affects the outcome of the approved landscape plans. The Landscape Architect of Record shall notify the City prior to any modifications to the approved landscape plan. 3. Prior to the issuance of the Certificate of Occupancy the Landscape Architect of record shall certify in writing to the City that the landscaping has been completed per • the approved landscape plans. Any major changes to the approved landscape plans shall be approved by the City Council. Once the City has the certified letter from the Landscape Architect, the City Forester shall inspect the site for compliance. Once compliance has been confirmed by the City Forester, the City Building Department shall be notified. 4. Street trees and all associated lot landscaping, and any common area landscaping adjacent to said lot shall be installed prior to the Certificate of Occupancy of said lot. Prior to final sign -off, the Landscape Architect of Record shall inspect and certify that all required landscaping is in compliance with the approved landscape plan(s). The City Forester shall approve (sign -off) these areas as they are completed. 5. Project shall abide by Resolution 2, 1993, which requires, prior to filing of the plat, the petitioner shall post a bond for the installation of the infrastructure including the common and project landscaping /buffer and entry feature. Mr. Alan Strassler seconded the motion. Mr. Carl Sabatello made an amendment to the motion as follows: A note would be added to the landscape plan stating three (3) trees would be added 0 6 Minutes • Planning & Zoning Commission February 8, 1994 to the side elevations of Lots 1 & 55. The motion carried with a unanimous vote of 7/0. WORKSHOP MEETING: 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 -2911) within PGA National Planned Community District. (Diamond Head) (15- 42S -42E) Mr. Bristol Ellington reviewed the staff report dated February 3, 1994. A lengthy discussion ensued concerning the lack of a T -turn around between Lots 23 & 24. Several suggestions were made as to how this could be accomplished. Mr. Dan Honig stated he believed a safety hazard would be created if garbage trucks had to back up in order to exit the street. Also, Mr. Honig said that both the Fire and Police Departments had stated anytime a vehicle backs up a safety hazard is created. • Mr. Alan Strassler also believed the backing -up of service vehicles created a safety hazard. Mr. Phillip Lyddon stated he did not like the idea of any trucks having to back down the street from the north end of the development. Mr. Carl Sabatello believed a T -turn similar to the one at the southeast end of the street could be created at the north end. Mr. Frank Palen stated none of the agencies which reviewed the plans had a problem with the design as submitted. Mr. Ellington stated it was an acceptable practice in the County to not require turn - arounds for service or emergency vehicles, and it had been allowed in the City. Mr. E. Llywd Ecclestone stated that Palm Beach County did not require T -turn arounds for service vehicles such as garbage trucks, and Waste Management had stated they did not need a T -turn around in order to make their pick ups. It was the consensus of the Commission that there should be some provision made for vehicles to turn around at the end of the northerly street in order to be consistent with the • 7 Minutes • Planning & Zoning Commission February 8, 1994 turn around provided at the southeast end of the street. The petitioner was directed to work with staff with staff to solve this problem. Mr. Carl Sabatello asked the petitioner if the landscaping and elevations which faced the street would be the same as Grand Cay, and the petitioner stated they were the same. In response to a question from Mr. Honig, Mr. Ecclestone stated there would be 6 -foot concrete walls between the units along the property lines, and these would be shown on the landscape plans. Chairman Ornstein stated this item could be placed on the agenda for the next meeting provided the petitioner submitted a revised plan by the end of the week. WORKSHOP MEETING: Petition PUD- 93 -11, by George Morgan, agent for Gardens East Plaza, Ltd., representing Florida Property Investment Partners, Inc., for Planned Unit Development site plan approval to construct a 8,000 square foot retail building • (Blockbuster Video) in an outparcel of the Gardens East (The Promenade) Shopping Center. Located east of Alternate A -1 -A and north of Lighthouse Drive. (18- 42S -43E) Prior to staff's presentation, Chairman Ornstein asked Mr. Morgan if the project would be located on the site, and Mr. Morgan stated the building would be located on a different to the north. Mr. Richard Walton stated there were different design guidelines for that parcel. Further, Mr. Walton stated the property owner was directed by the City Council on February 3, 1993, to share those design guidelines with the purchaser. Chairman Ornstein stated that the building as designed may not be acceptable under the approval for a different lot. Further, he stated if the agent wished to change the lot on which the building would be located, then the petition would have to be discussed at that time. Mr. Ornstein also stated the Commission had previously made several comments concerning the architectural features of the building, and this information was contained in the staff report dated February 3, 1994. Further, Mr. Ornstein stated if the building was to be relocated to another site, then the petitioner should start over with a new site plan. Mr. Ornstein also commented that a corporate flag could not be flown on the site. Mr. Ornstein stated he was not in favor of the blue awning. Ms. Diane Carlino stated the • 8 Minutes Planning & Zoning Commission February 8, 1994 Commission had agreed at a previous meeting that the blue awning would not be acceptable. Mr. Ornstein stated it was pointless to continue discussion of the item at that time since the project was to be built on a different site. WORKSHOP MEETING: Petition PUD- 93 -19, by James R. Brindell, agent for Mediplex Group, Inc., a request for Planned Unit Development and site plan approval for two 174,000 square -foot medical office buildings, a 60,000 square -foot medical office building and a 70,000 square -foot, 120 -bed skilled nursing facility on a 15.6 -acre site. This site is located at the northeast corner of PGA Boulevard and of Alternate AlA within The Regional Center Development of Regional Impact (6- 42S -43E) Mr. Bristol Ellington, City Planner, reviewed the staff report dated February 3, 1994. Discussion ensued concerning landscaping and the right -of -way for the flyover proposed for • the PGA Boulevard and Alternate AlA intersection. Representatives of Mediplex gave an explanation of what is proposed for the site and answered questions from the Commissioners concerning the MacArthur Foundation's interest in the buffer area. Mr. James Brindell, agent for Mediplex Group, introduced the various representatives who were associated with the project. Mr. Bob Miller, Senior Vice President for Mediplex, gave background information on the corporation and explained the type of services which will occur within the complex. Mr. Daniel Honig stated he would like to see an annual report on the corporation, and he would like to see a description of a similar complex operated by the corporation. Chairman Ornstein requested a presentation with pictures or videos be given showing projects similar to Mediplex. Chairman Ornstein requested a site plan showing how the facility will relate to the Mall as well as 500 feet surrounding the remainder of the project. In response to a question from Chairman Ornstein, Mr. Miller explained that Phase III is a piece of property that is part of the total acquisition from the MacArthur Foundation, but • 9 Minutes • Planning & Zoning Commission February 8, 1994 nothing would be built there. He further stated it related to a method of take down of the property. Mr. Tom Hunt stated they would not have title to the property, but MacArthur had granted them a license to install and maintain whatever vegetation was desired on the Phase III property as long as it was consistent with the site plan. Mr. Honig stated it was his understanding that the MacArthur Foundation was reserving the right to receive the money for any take down by the County or the State for the Phase III land. Discussion ensued concerning the ultimate right of way of Alternate AlA. Mr. Gene Diponti summarized their work with the Department of Transportation in preparing concepts and preliminary designs for an interchange located at PGA Boulevard and Alternate AlA. He displayed a design for a partial cloverleaf on the southeast section of the intersection which they had recommended and DOT had accepted as the one preferred for implementation. • Mr. Carl Sabatello suggested that the same type landscaping installed in the median fronting the Regional Center Mall be used for Mediplex on Alternate AlA. Mr. Bruce A. Rendina, Executive Vice President, DASCO Companies (co- developers with Mediplex), submitted a paper entitled "Project Information Brochure, Palm Beach Gardens Medical Mall". In summary, the Commission had the following comments: 1. An overall site plan was needed which would show how the Medical Mall relates to the Regional Mall, including 500 feet around the entire area. 2. The landscaping in the medians should be comparable to that of PGA Boulevard rather than the median in Alternate AlA fronting Gardens East Apartments. 3. A letter is needed from the Department of Transportation regarding the proposed flyover and the maximum right -of -way required at PGA Boulevard and Alternate AlA. 4. Consider relocating the Phase III dotted lines to provide for additional set backs to the proposed buildings. • 10 Minutes Planning & Zoning Commission February 8, 1994 5. A model is needed of the project, including a model of the flyover showing grade changes. 6. Would like to see the corporation's annual report. 7. Provide a presentation of similar facilities constructed by Mediplex. • • 11 Minutes • Planning & Zoning Commission February 8, 1994 U ADJOURNMENT: There being no further business, the meeting was adjourned at 11:15 p.m. The next meeting W111 be held February 22, 1994. ac 'e Holloman, Secretary • 12 COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I.A1: NAME —FIRST NAME— MID011 NAME NAME OF BOARtx COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEI A MI, �) J p,&Vpt NG �, 2aNt w� Ce�u -t e-t tSSA otJ MAILING ADDRESS 1'HE BOARD, COUNCIL. COMMIssION, AUTHORITY, OR COMMITTEE ON � ,/� �j p �+ WH 1 SERVE IS A UNIT OF: F L �L' &Ut- 'lIY COUNTY OTHER LOCAL AGENCY I'I Tl (DUN rl NAML (N PULITILAl. SUBDIVISION: i'i`1 S $t r'1 + C- IL2 o r- PAL k' C3 Ci�Vcl--S� DAZE ON WHICH VOIt (XYURRI-D) MY POST ,'ION IS 2 C) Q ELECTIVE APPOINTIVE WHO MUST FILE FORM $111 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected boarc council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presente with a voting conflict of interest under Section 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 lava when faced with a measure in which you have a conflict of interest will vary greatly dependin on whether you hold an elective or appointive position. For this reason, please. pay close attention to the instructions on this fort 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 inure to his special private gain. Each local officer also i, 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 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 recordir 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 whit 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 mu 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. lF 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 f • 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 1 (IK \I 'in III-MA P IVYOU 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 file it within 15 days after the vote occurs with the person responsible for recording the minuu of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on 19 (a) A measure came or will come before my agency which (check one) inured to my special private gain; or y inured to the special gain of �/ • _�� fi7?��� , by whom 1 am retains (b) The measure before my agency and the nature of my interest in the measure is as follows: t�-A P (. 6 9 G(, G6-?r- ei,q,g4, Date Filed C) N trHC—* P C -Pi c�—� Signature 10 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRI DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIN IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. E FORM 86 • 10.86