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HomeMy WebLinkAboutMinutes P&Z 032294CITY OF PALM BEACH GARDENS • PLANNING AND ZONING COMMISSION MARCH 22, 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: Present Absent Jeffrey Ornstein, Chairman Thomas Pastore, Alternate Carl Sabatello, Chairman -Elect Diane Carlino Daniel Honig Phillip Lyddon William Mignogna Michael Posner, Alternate • Also present were City Attorney Tom Baird, Council Liaison Mayor David Clark, Assistant City Manager Greg Dunham, and Planning and Zoning Director Richard Walton. ANNOUNCEMENTS: Chairman Ornstein announced the resignation of Vice Chairman Joseph Hamzy who had been on the Commission over 10 years and would be missed. He further stated Mr. Hamzy was always insightful and had something good to contribute to the meetings. Chairman Ornstein announced Council Liaison David Clark had been named Mayor of the City of Palm Beach Gardens. ITEMS BY PLANNING & ZONING DIRECTOR: Mr. Richard Walton updated the Commissioners on the Land Development Regulations which would be presented at the next meeting. Mr. Walton stated a Council workshop would be held to obtain direction on modifying language relative to the PGA Boulevard corridor. • Minutes • Planning & Zoning Commission March 22, 1994 ITEMS BY CITY COUNCIL LIAISON: Mayor David Clark reported on the action taken at the City Council meeting of March 17, 1994. PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL: Petition PUD- 94 -05, a petition by Henry Skokowski of Urban Design Studio, agent for Shoppes on the Green Associates, LTD., to reinstate the expired Planned Unit Development for PGA National Shoppes on the Green within the PGA National Community (10- 42S -42E). (Previous mtg. 3/8/94) Mr. Bristol Ellington, City Planner, reviewed the staff report dated March 17, 1994. Discussion ensued regarding the swing gate between Fairway Office Plaza and the shopping center. • Mr. Henry Skokowski explained that both projects, the shopping center and the office plaza, were self- sufficient with respect to parking, and the office parking area had been utilized for only for convenience and not necessity during the evening hours and on weekends. City Attorney Tom Baird suggested, and it was the consensus of the Commission, that an agreement for an ingress and egress easement, acceptable to the City, between the petitioner and the owners of Fairway Office Plaza be executed prior to City Council approval. Mr. Skokowski requested the language for Recommendation No. 3 of the staff report be changed to reflect that the maintenance fee would be in accordance with "industry standards ". However, it was the consensus of the Commission that this fee should be for "reasonable costs ". Motion: Ms. Diane Carlino made a motion for recommendation to the City Council for approval of the above - referenced petition with the following conditions: 1. An agreement for an ingress and egress easement, acceptable to the City, shall be executed prior to City Council approval. • 2 Minutes Planning & Zoning Commission March 22, 1994 2. Within 30 days of the effective date of approval, all earleaf acacia and Brazilian pepper shall be removed from the southern and eastern buffers. 3. At such time in the future, if the City takes over landscape maintenance for Fairway Drive, the property owners for Shoppes on the Green shall pay a maintenance fee to the City for landscape maintenance of the adjacent road shoulder and half of the median. A reasonable fee shall be determined annually, paid in quarterly installments by the property owner commencing on the first of November. 4. The approval shall be subject to the applicable conditions of Resolution 1, 1986 and Resolution 93, 1990. The motion was seconded by Mr. Michael Posner. The motion was unanimously approved by a vote of 7 -0. • 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 -2913) within PGA National Planned Community District. (Diamond Head) (15- 42S -42E) (Previous mtgs. 11/9/93, 1/11/94,2/8/94, 2/22/94, 3/8/94) Mr. Bristol Ellington, City Planner, reviewed the staff report dated March 17, 1994, and what transpired at the March 8, 1994, meeting. Mr. Carl Sabatello asked if the configuration for the south entrance had been reviewed and approved by the various agencies since this same configuration had been unacceptable previously. Mr. Richard Walton explained that the problem with the northern terminus had been that Northern Palm Beach County Water Control District would not permit infringement onto their easement. He further stated there were no problems with the southern entrance. Mr. Sabatello also asked if this same situation should arise in the future would the same solution be considered, and he was told by Mr. Walton that Mr. Lindahl's letter of March 17, 1994, item III, addressed all engineering considerations. Mr. Sabatello requested, and Mr. Frank Palen agreed to provide, a solid gate on the trash collection pad. Further, it was the consensus of the Commission that the Property Owners Association would be responsible for having the trash collection area policed to ensure it 0 3 Minutes Planning & Zoning Commission March 22, 1994 did not become unsightly nor unsanitary. It was the consensus of the Commission to amend staff recommendation No. 6 to state that it shall be the responsibility of the Property Owners Association to arrange for the pickup of all household garbage, trash, and recyclable materials from Lots 1, 2, 24, 25 & 26; and this material was to be placed in the trash collection pad nearest to each home. This provision shall be included Property Owners documents and shall be a common expense of the Association. This provision shall not be changed without written approval of the City Council. Mr. Carl Sabatello was concerned that in previous meetings certain information had been read into the record from the Engineer and the Fire Department indicating that possible unsafe conditions could result if the roadways were constructed in accordance with the plans. Mr. Sabatello asked for assurance that this had been corrected. Mr. Walton stated the City Engineer had stated the design was not one which would be suggested in all circumstances, but because of the minimal use it could be acceptable. Mr. Palen responded that through the design changes, this had been taken care of. • Mr. Dan Honig asked if there were letters from Waste Management and the Fire Department which stated they did not object to the plans. Mr. Walton stated those were the first two conditions in Mr. Lindahl's list regarding those variances. Mr. Honig initiated discussion concerning lighting at the terminus of the northern access tract, and it was the consensus of the Commission that appropriate lighting must be provided at that location for safety reasons. Motion: A motion was made by Ms. Diane Carlino for recommendation of this petition to City Council for approval 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 0 _ Minutes • Planning & Zoning Commission March 22, 1994 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. 6. 'Back door garbage and trash services" shall be provided by the Property Owners Association and included in the Property Owners documents as follows: It shall be the responsibility of the Property Owners Association to arrange for the pickup of all household garbage, trash, and recyclable materials from Lots 1, 2, 24, 25 & 26; and this material is to be placed in the trash collection pad nearest to each home. This provision shall be included Property Owners documents and shall be a common expense of the Association. This provision shall not be changed without written approval of the City Council. The Property Owners Association shall be responsible for policing the dumpster areas /trash collection pads to ensure there are no unsanitary or unsightly conditions. 7. For safety reasons, appropriate lighting approved by the City Engineer shall be provided at the terminus of the northern access tract. 8. A solid, child -proof gate shall be installed on the CBS trash collection area. • 5 Minutes Planning & Zoning Commission March 22, 1994 the approved landscape plans. Any major changes to the approved landscape plans shall be approved by the Planning and Zoning Commission and /or 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. 8. No commercial uses other than those permitted uses identified on the master plan shall be allowed on the site without an amendment to the Planned Unit Development by the City Council at the time of the request. 9. The proposed Golf Maintenance facility on site shall return to the Planning and Zoning Commission and City Council for development review. 10. Any proposal for amendment to the uses or design of the site will be subject to full review and possible modification, subject to the procedures and policies in place at the time of the proposal. is 11. Additional landscaping shall be provided on the western elevation to screen the small windows of the locker rooms. The motion was seconded by Ms. Diane Carlino. The motion was unanimously approved by a vote of 7/0. WORKSHOP: PUD- 94 -01, by James E. Neuhaus, agent for Ray A. Maiwurm and Anthony L. Graham, a request for Planned Unit Development and site plan approval for two 4,200 square foot medical office buildings (totaling 8,400 square feet) on a 1.04 acre site. This site is located south of Northlake Boulevard and east and west of Dania Drive. (24- 42S -42E) (Workshop 2/8/94) (Previous mtgs. 1/25/94,,2/8/94) Mr. Bristol Ellington reviewed the staff report dated March 17, 994. It was the consensus of the Commission to advertise this petition for public hearing at the April 12, 1994, meeting. Topics of discussion included signage, noise from pets housed overnight, soundproofing of the building, area for walking dogs, and lighting. • 8 Minutes Planning & Zoning Commission March 22, 1994 with the following conditions in addition to the three conditions from Resolution 30, 1993 (the previous approval): 1. The temporary pro shop, temporary cart barn /bag storage, temporary tennis center and temporary administrative center (former model home), as indicated on the Phase I site plan, shall be removed from the site by August 15, 1996. 2. The existing administrative office building shall be removed no later than July 6, 2001, even if the PCD development is not completed. 3. Areas that have been allowed to remove vegetation or ground cover pursuant to the approved site plan, 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. 4. Prior to clearing or construction, trees or palms designated for protection shall be tagged or roped -off. Prior to land clearing, the developer shall erect and maintain 10 protective barriers around the drip line of the trees to be protected. All work shall be inspected and approved by the Landscape Architect of Record and the City Forester prior to the issuance of any Building Department permit requiring land clearing. Section 153.20 (Landscape Ordinance) shall also be enforced during construction. 5. All tree protection /relocation and landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all tree protection efforts, all tree relocation work, 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. 6. All trees or plants designed for protection /relocation that die during construction or because of construction practices shall replaced using the following schedule: For every inch of tree caliper lost, three inches of new tree caliper shall be replaced with like specie. The minimum replacement tree shall be three inches in diameter. Palms shall be replaced with like specie one for one with a minimum 10' height. 7. 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 • 7. Minutes Planning & Zoning Commission March 22, 1994 The motion was seconded by Mr. Dan Honig and was approved by a vote of 6 -1, with Mr. Carl Sabatello being opposed. RECOMMENDATION TO CITY COUNCIL: Petition PUD- 94 -04, a petition by Henry Skokowski of Urban Design Studio, agent for MacArthur Holding A, Inc., to amend the Planned Unit Development for Parcel 28, created by Resolution 85, 1990, and subsequently amended by Resolution 30, 1993, of the BallenIsles Planned Community District to replace the existing clubhouse and an amendment to the recreation amenities. (11- 42S -42E) (Previous mtg. 3/8/94) Mr. Bristol Ellington reviewed the staff report dated March 17, 1994. Mr. Ellington distributed Ordinance 12, 1993, Art In Public Places. Mr. Phillip Lyddon initiated discussion regarding item No. 8 of the staff report. It was the consensus of the Commission to amend this recommendation to state that no commercial • uses other than those permitted uses identified on the master plan shall be allowed on the site without an amendment to the Planned Unit Development by the City Council at the time of the request. Mr. Henry Skokowski reviewed the revisions which had been made since the last meeting and stated all modifications previously requested by the Planning and Zoning Commission had been made. He further stated the petitioner agreed to all of the conditions of approval. Mr. Carl Sabatello stated the plan was very appealing but requested that additional landscaping be added to the western elevation to shield the small locker room windows. Mr. Michael Posner asked if the petitioner planned to comply with the Art in Public Places ordinance. Mr. Skokowski stated it was questionable if this ordinance would apply to this particular petition since it was a private, gated community which was primarily residential. Mr. Nader Salour of BallenIsles stated they were very surprised by the request since this was the third time the PUD had been amended and the matter had never been brought up. Motion: Mr. Dan Honig made a motion to recommend approval to the City Council of this petition • 6 Minutes • Planning & Zoning Commission March 22, 1994 Mr. Ellington stated the Police Department had recommended high pressure sodium lights be added to the sides and rear of the proposed buildings. Chairman Ornstein asked if the ground signs blocked the sight lines, and Mr. Ellington stated he did not believe there was a concern but would confirm this with the Building Official. Chairman Ornstein stated he believed there was a problem with the handicapped ramps being located adjacent to the loading zones. Mr. David Getz, City Engineer, is to review those locations. Mr. James Neuhaus explained the changes which had been made to the site plan. In response to a question from Mr. Honig, Mr. Neuhaus stated the only animals housed overnight would be those there for surgery or treatment and that it would not be a boarding facility. • Mr. Ross Person stated there would be soundproofing in the building. In summary, the consensus of the Commission was as follows: 1. Adjacent property owners are to be notified by mail of the upcoming public hearing. 2. Staff is to re- confirm with Jack Hanson that ground signs do not create a sight - distance problem. 3. City Engineer is to review location of handicapped ramps which are located adjacent to the loading zones. 4. Obtain sign -off from Rick Boardman of Waste Management that the locations of the dumpsters are acceptable, and that service trucks will not be required to back out into Dania Drive. OLD BUSINESS: Mediplex brochures were distributed to those members who had not received them previously. • 9 Minutes Planning & Zoning Commission March 22, 1994 NEW BUSINESS: Newspaper Vending Machines Mr. Carl Sabatello expressed concern about newspaper vending machines on the roadsides. Discussion ensued regarding the feasibility of imposing an ordinance controlling the placement and design of the vending machines. Motion: A motion was made by Mr. Carl Sabatello to request City Council to have the City Attorney to prepare an ordinance addressing the design criteria and regulation of newspaper vending machines. The motion was seconded by Mr. Dan Honig. • Mr. Michael Posner requested that the ordinance contain a provision concerning the removal of the boxes when the newspaper goes out of business. Mr. Sabatello suggested that a deposit be paid to the City per box which could be refunded upon removal of the box. An amendment to the motion was made by Mr. Don Honig that the Commission appoint a committee of two people, Mr. William Mignogna and Mr. Carl Sabatello, to work with Council to discuss the issues Council should address. Chairman Ornstein seconded the amendment. The motion was unanimously approved by a 7/0 vote. Mr. Honig requested that staff contact the Town of Jupiter to encourage them to adopt a similar ordinance. Code Enforcement: Mr. Carl Sabatello stated the trees appeared to be dead at the storage facility on Burns • 10 Minutes Planning & Zoning Commission • March 22, 1994 • Road and should be replaced. He asked- that staff confirm the type of landscaping approved for that site. ADJOURNMENT: There being no further business, the meeting was adjourned at 9:15 p.m. The next meeting will be held April 12, 1994. Jeffre Or _ t 'n, Chairman Carl Sabat o, Chairman -Elect rV v Michael Posne , Alternate i Diane Carlino a 'e �..1l.man,'g-e4cretary • 11 PC a- - ;) Phillip Lydd Wil iam Mignogna (Absent) Thomas Pastore, Alternate