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.
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Planning & Zoning Commission
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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Carl Sabatello, Chairman -Elect
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Phillip L do
William Mignogna
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Thomas Pastore, Alternate