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HomeMy WebLinkAboutMinutes P&Z 041294CITY OF PALM BEACH GARDENS • PLANNING AND ZONING COMMISSION APRIL 12, 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 Diane Carlino Carl Sabatello, Chairman -Elect Daniel Honig Phillip Lyddon William Mignogna Michael Posner, Alternate Thomas Pastore, Alternate • Also present were Assistant City Attorney Paul Golis, Council Liaison Mayor David Clark, City Manager Bobbie Herakovich, Assistant City Manager Greg Dunham, and Planning and Zoning Director Richard Walton. ITEMS BY CITY COUNCIL LIAISON: Mayor David Clark reported on action taken by City Council at its meeting of April 7, 1994. APPROVAL OF MINUTES OF MARCH 8, 1994: Mr. Phillip Lyddon made a motion to approve the minutes of the March 8, 1994, Planning and Zoning Commission meeting. Mr. Michael Posner seconded the motion. The motion was approved by a 6 -0 vote, with Mr. Carl Sabatello abstaining. APPROVAL OF MINUTES OF MARCH 22,1994: Mr. Carl Sabatello made a motion to approve the minutes of the March 22, 1994, Planning and Zoning Commission meeting. Mr. Lyddon seconded the motion. The motion was approved by a 6 -0 vote, with Mr. Thomas Pastore abstaining. • Planning & Zoning Commission • Minutes April 12, 1994 PLANNING AND ZONING COMMISSION PUBLIC HEARING: 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 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) (Previous mtgs. 1/25/94, 2/8/94, 3/22/94) {Adv. 3/28/941 Mr. Bristol Ellington, City Planner, reviewed the staff report dated April 7, 1994. In response to a question from Mr. Posner, Mr. Ellington explained the reason for requiring a unity of title. Chairman Ornstein opened the Public Hearing. There being no response from any of the public present, Chairman Ornstein closed the Public Hearing. Mr. Sabatello made a motion to recommend approval of the subject petition to the City Council. • Mr. William Mignogna seconded the motion. At the request of Mr. Daniel Honig, Chairman Ornstein reopened the public hearing so those present in the audience could be heard. Mr. Jason Skelton of Dania Drive addressed the Commission and asked if there was a possibility of water lines being hooked up to that street in conjunction with the construction of the buildings. Mr. James Neuhaus stated water and sewer lines would be extended to the southern end of the subject property from Northlake Boulevard. Mr. Neuhaus also stated he could assist the property owners in contacting Seacoast Utilities to obtain these facilities. Mr. Ellington commented it was within the Commission's jurisdiction to recommend as a condition that the petitioner provide for water for the duplexes on Dania Drive. Mr. Sabatello stated he believed it would be too much of an impact on such a small project to have to provide the water lines to the duplexes. In response to a question from the audience, Chairman Ornstein agreed it would be a good • 2 Planning & Zoning Commission Minutes April 12, 1994 idea for the petitioner to coordinate sending a survey to the homeowners to see if they would be willing to pay for the lines abutting their property. Ms. Kim Glas stated that with the Comprehensive Plan Amendment the duplexes would be changed back to residential land use thus reinforcing the use. She also stated she believed it would be appropriate for water and sewer to be extended to the duplexes since this would have occurred had the site remained under one PUD and had not been divided. Mr. Paul Paulson, an owner of three and one -half of the duplexes, stated although he had no objection to the project, he preferred the original design which provided for parking at the rear of the buildings and more landscaping. Mr. Ross Person, Project Manager for the project, stated that because of the traffic concurrency on the property, the project was at its maximum size; and to provide water and sewer to the other properties on Dania Drive would make the entire project cost prohibitive. Discussion continued concerning the cost of and procedure for providing water and sewer to the duplexes. • Mr. Ralf Paulson, owner of three and one -half of the duplexes, stated although it would be very nice to have water lines to the properties, he did not believe it would be fair to ask the petitioner to pay for it. He stated he also preferred the first site plan. In response to a question from Mr. Honig, Mr. Paulson stated it would not be economicallly feasible for him and his brother to install water lines to the duplexes. Chairman Ornstein closed the Public Hearing. Chairman Ornstein stated he believed it would be a hardship to require the petitioner to install water and sewer lines to the duplexes. He stated, however, that City Council could require this as a condition should they so desire. Mr. Ornstein further stated the petitioner should work with the residents and perform the work if the residents paid for it. The petitioner, he further stated, should "work up the design and engineering and have it taken care of through Seacoast." All costs, he also said, should be borne by the residents or the owners of the duplexes. Mr. Honig stated he agreed with Chairman Ornstein and made a motion that the petitioner be required to comply with the condition as stated by Chairman Ornstein. Mr. Sabatello seconded the motion. • 3 • Planning & Zoning Commission Minutes April 12, 1994 Mr. Michael Posner made an amendment to the motion that in the recommendation to City Council it be made clear the Commission was opposed to imposing an obligation on the petitioner to install the water and sewer lines because it would be an extreme hardship and against the best interests of the City. Mr. Mignogna seconded the amendment to the motion. Mr. Honig stated he withdrew his "amendment" and accepted Mr. Posner's amendment to the motion. Motion: Mr. Michael Posner made a motion to recommend approval of the above mentioned petition to the City Council with the following conditions: 1. A Unity of Title shall be recorded on this site before the issuance of the first building permit. • 2. The widened portion of Dania Drive shall be protected with a recorded easement prior to the issuance of the first building permit. The recorded easement for Dania Drive shall be a minimum of 38 feet at the south property line expanding to 50 feet at the intersection with Northlake Boulevard. 3. Areas that have been allowed to have vegetation or ground cover removed pursuant to the approved site plan, and subsequently abandoned for any reason for more than three months, shall be seeded with grass immediately upon request by the City or the City shall have the work done at the owner's expense. 4. 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. 5. 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. 4 . Planning & Zoning Commission Minutes April 12, 1994 Once compliance has been confirmed by the City Forester, the City Building Department shall be notified. 6. The security lights on the buildings shall be metal halide lights. 7. The petitioner agrees to assist the homeowners in obtaining water and sewer services to their property located along Dania Drive. All costs of design, engineering, and installation of the water and sewer lines are to be borne by the abutting property owners and not the petitioner. The motion was seconded by Mr. William Mignogna. The motion was approved by a vote of 7 -0. PUBLIC HEARING: Recommendation for approval of Subdivision and Excavation and Fill Regulations. {Adv.3/28/941 • Mr. Bristol Ellington, City Planner, reviewed the staff report dated April 7, 1994. Mr. Ellington stated the City Engineer pointed out that all sidewalks and pathways throughout the City are required to be concrete. Mr. Carl Sabatello requested that sidewalks be concrete or "concrete products" such as paver bricks or similar concrete products. Chairman Ornstein stated this should apply to private streets. It was the consensus of the Commission that concrete sidewalks would be required on public streets, and paver bricks or similar concrete products could be used on private streets. Discussion ensued regarding Article IV, page IV -10, (I) Sidewalks. Mr. Honig stated (i) and (ii) should be reworded to indicate "Roads or streets with cul -de- sacs..." Mr. Sabatello requested that cul -de -sacs have sidewalks which either end prior to the cul -de -sac or extend all the way through the cul -de -sac and not stop in the middle. Chairman Ornstein stated he preferred to have sidewalks on both sides of streets rather than one side. Mr. Sabatello stated the streetscape was much softer with sidewalks only on one side. Mr. Ellington noted all sidewalks would be required to be five (5) feet wide. Mr. Ellington pointed out that on page IV -7 a note would be added referring to the minimum engineering guidelines for right -of -way allocation setbacks for planned developments which would provide for details for either T- or Y -turn arounds. M Planning & Zoning Commission is Minutes April 12, 1994 In response to a question from Chairman Ornstein, Mr. Richard Walton stated the turn arounds had to be placed in the rights -of -way or easements and not on private property. In response to questions from Mr. Carl Sabatello, discussion ensued regarding turn arounds. Mr. Phillip Lyddon expressed concern that Intersections, page IV -10, would result in a grid system. Discussion ensued with the consensus of the Commission being the language in the second sentence of (K) Intersections (i) would be changed to indicate such intersections would not be allowed "unless specifically approved by the City ". Mr. Daniel Honig stated he was concerned with (J) Pathways being 12 feet wide. Discussion ensued regarding bikepaths, pathways (12 feet wide) and sidewalks (5 feet wide). Under Article II, page 3, (2), Mr. Thomas Pastore questioned the two -year period within which the applicant must submit construction plans and plat for approval. He believed this would cause the project to become a drawn -out process. Mr. Ellington explained the reason for that time period. Under Article II, page 4, 2.6 (2)(E), Mr. Pastore requested and it was the consensus of the • Commission to insert "and City Attorney" after "City Engineer and City Manager ". Chairman Ornstein opened the Public Hearing. There being no public comment, the Chairman closed the Public Hearing. Motion: Mr. Carl Sabatello made a motion to recommend approval of the above - mentioned petition to the City Council with the changes as noted above. The motion was seconded by Mr. Michael Posner. The motion was approved with a 7 -0 vote. RECOMMENDATION TO CITY COUNCIL: Recommendation of the PGA Corridor Zoning Regulations. Ms. Kim Glas reviewed the staff report dated April 5, 1994. Chairman Ornstein complimented Ms. Glas on preparation of the Regulations. 6 Planning & Zoning Commission • Minutes April 12, 1994 Discussion ensued regarding "Parkway Improvements" under Supplemental Regulations. Chairman Ornstein stated he preferred there not be a distance regulation pertaining to improvements and that median improvements be made by the developer in front of their property even if there were no improvements on either side. Mr. Carl Sabatello stated he believed it would be counter - productive to install median improvements in a "hodge - podge" fashion. Mr. Phillip Lyddon and Chairman Ornstein both stated they did not like the idea of a "threshold" concept, and Chairman Ornstein stated this should be their recommendation to the City Council. Mr. Lyddon stated he believed the "special district" idea was best. Regarding specialty retail, Chairman Ornstein suggested a square -foot limit for those types of stores. Discussion ensued regarding the definitions of the various types of stores. • Chairman Ornstein initiated discussion regarding shopping carts and voiced his opinion they should not be allowed at all in the parking lots. Mr. Sabatello questioned how it would be possible to control the storage and servicing of the carts and suggested more specific language be used to provide stricter enforcement. In response to a question from Mr. William Mignogna, Ms. Glas stated an existing business was "grandfathered in" until a site plan amendment or other modification was requested. Discussion ensued regarding newspaper racks. Motion: Mr. Michael Posner made a motion to recommend approval to the City Council of the PGA Corridor regulations with comments of the Planning and Zoning Commission to be incorporated into the document and reviewed by Chairman Ornstein prior to submittal to the City Council. Mr. William Mignogna seconded the motion. The motion was approved by a 7/0 vote. RECOMMENDATION TO CITY COUNCIL: Recommendation of the Comprehensive Plan is 7 Planning & Zoning Commission • Minutes April 12, 1994 Amendment 94 -1. Ms. Kim Glas reviewed the staff report dated April 5, 1994, and explained the proposed changes. Mr. William Mignogna asked if the billboard north of his property on Hood Road would be eliminated should Hood Road become a parkway. Mr. Walton responded all illegal signs had seven years in which to comply with the Sign Code at the time of its adoption approximately four years ago. Mr. Carl Sabatello asked if the Comp Plan addressed future park and recreational areas. Ms. Glas stated the Recreation Advisory Board is looking at areas in the future. She further stated such sites would not be shown on the Future Land Use Map until the City makes a decision on which sites would be acquired. She stated that long -range park planning was something that perhaps the City should become more involved in rather than waiting for developers to provide the land. In response to a question from Mr. William Mignogna, Ms. Glas stated there were no use • or design guidelines for Hood Road proposed at the present time. However, she stated, Donald Ross Road would have design guidelines which would not be quite as strict as PGA Boulevard. The Commission complimented staff for its work on the Comprehensive Plan amendment. In response to Chairman Ornstein's question, Ms. Glas stated they were anticipating a May 19 transmittal hearing. OLD BUSINESS: Mr. Carl Sabatello stated they were still awaiting a response from the City Attorney regarding legal aspects of the newsracks. • 8 Planning & Zoning Commission • Minutes April 12, 1994 r� • ADJOURNMENT: There being no further business, the meeting was adjourned at 9:50 p.m. The next meeting will be held April 26, 1994. Michael Posner, Alternate Ja ie Holloman, Secretary I 9) Carl Sabatello, Chairman -Elect eu- zJea- Phillip L do William Mignogna � 1 �• J4 /b_� Thomas Pastore, Alternate