HomeMy WebLinkAboutMinutes P&Z 042694CITY OF PALM BEACH GARDENS
• PLANNING AND ZONING COMMISSION
APRIL 26, 1994
MEETING
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, Diane
Carlino, Daniel Honig, Phillip Lyddon and Carl Sabatello, Members; and Thomas Pastore,
Alternate Member. William Mignogna, Member, was absent. Michael Posner, Alternate
Member, arrived later in the meeting.
ITEMS BY THE PLANNING AND ZONING DIRECTOR
• Rich Walton, Planning and Zoning Director, recommended that the petitions for BallenIsles
Parcels 12, 13 and 17 not be heard by the Commission at this meeting. He said City
Council has established a policy against dead end access tracts. He added that the Council
will further define its regulations at the April 28, 1993 workshop. Mr. Walton said that the
Planning and Zoning Commission initiated this policy when it expressed its concern about
the access tract at the Diamond Head project at PGA National. He added that City Council
does not want access drives without an adequate turn around.
Chairman Ornstein recommended that Diamond Head return back to the Planning and
Zoning Commission. He said the approval ,process for this policy should begin at the
Planning and Zoning Commission.
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is In response to a question from the Commission, City Attorney Thomas Baird said the
Council has the legislative prerogative to make this policy change.
Mr. Walton said the petitioner has been repeatedly informed about the changing policy
concerning access tracts.
Bristol S. Ellington, City Planner, said the City Engineer, at the Development Review
Committee, has recommended changes to the site plans for the three projects.
Carl Sabatello said this policy change eliminates the flexibility of the Planned Unit
Development process. He said it appears balance in negotiations between the City and the
developer is shifting to the City's favor. He said the City is sacrificing quality design for cul-
de -sac standards.
Chairman Ornstein said the staff and City Council are working on making the policy more
• flexible, but, tonight, no dead end access tracts are permitted.
Diane Carlino said it seems like the City is making the petitioners wait.
Mr. Walton said that nothing of what is being proposed is new to the petitioners.
Chairman Ornstein requested that staff's recommendations on this matter to City Council
be FAX'd to Mr. Sabatello and himself.
Mr. Sabatello asked if the City will be the difficult ones. He said we were being fair and
consistent.
Chairman Ornstein suggested that the Commission only look at the turn arounds for the
petitions for Parcels 12, 13 and 17. He asked staff if there had been any problems with
previously- approved turnarounds.
Mr. Walton said he imagined that there have been some problems based on the contents
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• of the Fire Department's letter on turn arounds.
Chairman Ornstein said this would be discussed later in the meeting.
APPROVAL OF MINUTES - April 12, 1994
Mr. Sabatello made a motion to approve the minutes of the April 12, 1994 Planning and
Zoning Committee.
Michael Posner seconded the motion.
The motion was approved by a 6 -0 vote, with Ms. Carlino abstaining.
SITE PLAN & APPEARANCE REVIEW COMMITTEE
FINAL APPROVAL: Petition SP- 94 -01, by David J. Felton of Corporate Property Services,
Inc., agent for the Shell Oil Company, to amend the approved elevations to adopt the
existing building colors of the Shell Oil station (former BP Oil service station). Located
at the northeast corner of PGA Boulevard and Military Trail. (1- 42S -42E)
Bristol S. Ellington, City Planner, reviewed the April 21, 1994 staff report on the above-
0 referenced petition.
David Felton, agent for the petitioner, said the Shell Station has received a landscape
variance and construction started today.
Daniel Honig made a motion to approve the above - referenced petition with no conditions
of approval.
Ms. Carlino seconded the motion.
The motion was approved by a 7 -0 vote.
RECOMMENDATION TO CITY COUNCIL: Petition SP- 94 -02, by George Kelly, agent for
Burns Road Associates and the John D. and Catherine T. MacArthur Foundation, to amend
the approved building elevations of Phase II of the Palm Beach Gardens Business Park site
plan. Located at the northwest corner of Burns Road and Interstate 95. (12- 42S -42E)
Mr. Ellington reviewed the April 21, 1994 staff report on the above - referenced petition.
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• Mr. Honig questioned the code compliance of the project's signage and landscaping. Mr.
Ellington said the signage is in compliance under the City Sign Code. Mr. Honig said the
landscaping is a mess. Mr. Ellington said staff will look at the site for any code violations.
Michael Posner questioned whether the existing metal roof will clash with the proposed
barrel the roof.
Chairman Ornstein said that the metal roof will not been seen from Burns Road.
Mr. Posner suggested that the petitioner replace the existing metal roof with barrel tile.
Chairman Ornstein suggested painting the metal roof to match the proposed metal roof.
George Kelly, agent, said that he will comply with any code violations concerning the
landscaping. He said he had no problem with painting the metal roof.
• Mr. Sabatello said the metal roof should be changed to match the proposed barrel tile roof.
He said that the landscaping on the site is unsightly. Mr. Sabatello said he wondered if a
n
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condition could be placed on this approval for improved landscaping maintenance.
In response to a question from the Commission, Mr. Kelly said the City maintains the road
right -of -way along Burns Road.
Phillip Lyddon said he preferred that the metal roof be painted.
Mr. Kelly said he also preferred the paint as he would have to upgrade the roof supports
to hold a heavier barrel tile roof.
Ms. Carlino and Chairman Ornstein indicated their preference for painting the metal roof
over the barrel tile.
Mr. Sabatello said he believed the metal roof should be changed to barrel tile. He said
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• Burns Road will be a major roadway in the City and the metal roof will have a major
negative impact on its streetscape.
Chairman Ornstein said the submitted elevations were much better than the approved plan.
Mr. Posner said painting the metal roof may be a reasonable compromise, although he said
he agrees with Mr. Sabatello.
Mr. Honig said painting the metal roof would be adequate.
Ms. Carlino made a motion to recommend to City Council approval of the above - referenced
petition with the following conditions:
1. The roof of the existing security apartment on the site shall be painted to
match the roof (barrel tile) of the proposed elevations.
2. Staff shall review the landscaping at the site for code compliance.
• Mr. Posner seconded the motion.
The motion was approved by a 6 -1 vote, with Carl Sabatello dissenting.
is
PLANNING AND ZONING COMMISSION
WORKSHOP: Petition PCD- 94 -02, by Henry Skokowski of Urban Design Studio, agent
for BallenIsles Development Company, representing MacArthur Holding A, Inc., to amend
the BallenIsles Planned Community District, created by Ordinance 8, 1989 to redesign the
master plan. (11,12,13, &14- 42S -42E)
Mr. Sabatello announced that he has a conflict of interest with some of the parcels within
the BallenIsles Planned Community Development. He said the company he works for has
constructed homes on Parcels 1 and 5a. He said the company is hoping to develop Parcel
13. He said he would abstain from voting on the parcels in which the company he works
for is directly involved with.
Mr. Honig questioned Mr. Baird on Mr. Sabatello's conflict of interest.
5
• Mr. Baird said Mr. Sabatello must abstain from voting on projects in which he has a
financial interest.
Mr. Ellington reviewed the April 21, 1994 staff report on the above - referenced petition. He
added that this petition will need a Public Hearing.
Henry Skokowski, agent for the petitioner, said the market has changed and calls for small
parcels to develop. He said the proposed amendment places more lots fronting on
amenities, such as the golf course and lakes. Mr. Skokowski reviewed the request.
Mr. Sabatello said that people like to live along the amenities. He said no one wants to live
along an interior lot.
Mr. Honig questioned the phasing plan for the project.
Mr. Walton said this project is vested for another 12 years. After that, the City will have
• the opportunity to re- examine the development's conditions of approval.
Mr. Skokowski said the only issue in contention is City Forester Mark Hendrickson's
•
recommendation for the removal of all exotic vegetation from the southwest corner of the
BallenIsles site. Mr. Skokowski said this would drastically change the character of the 10th
hole of the southern golf course.
Mr. Honig agreed that the removal of the exotic vegetation would result in changing the
character of the golf hole. He asked Mr. Hendrickson what is wrong with exotic vegetation.
Mr. Hendrickson explained why exotic vegetation is detrimental to the environment. He
said the area is covered with exotic vegetation and is an "environmental desert."
Mr. Sabatello agreed the beauty of the golf hole would be compromised with the removal
of the exotic vegetation.
T
• Mr. Hendrickson said the question is environment versus aesthetics.
Mr. Sabatello suggested making a trip to the site.
Chairman Ornstein said he would like to leave the 10th hole as it is.
Mr. Hendrickson said if the vegetation is removed, then new vegetation will grow to take
its place, and be as aesthetically pleasing, in five to 10 years.
Mr. Honig suggested the removal of exotic vegetation except for a band 50 to 60 yards deep
around the 10th hole.
Nader Salour of BallenIsles said he would like to keep the area as it is.
Chairman Ornstein directed the petitioner to work out an agreement with staff concerning
the removal of the exotic vegetation. He told the petitioner that he will see them in four
weeks when the Public Hearing is scheduled.
• WORKSHOP: Petition PUD- 94 -06, by Henry Skokowski of Urban Design Studio, agent
for MacArthur Holding A, Inc., for Planned Unit Development site plan approval to
construct 40 single- family custom homes on 24 acres on Parcel 12 of the BallenIsles
Planned Community District. (14- 42S -42E)
•
Mr. Skokowski, agent for the petitioner, reviewed the project. He said the Fire Department
and City Engineer have concerns with access to Lots 1 and 2.
Mr. Walton said the City Engineer still has concerns with the access tracts in the
development.
Mr. Skokowski presented an alternative access tract plan to the Commission. He said this
design addresses the concerns of the City Engineer.
Mr. Walton raised the concern with the petitioner representing the view of City depart-
ments.
Chairman Ornstein said he did not have a problem with Mr. Skokowski's circular access
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• tract plan for Lots 1 and 2.
Mr. Skokowski said the access tract guidelines requested by the Fire Department are a wish
list.
Mr. Ellington said the Fire Department and City Engineer will be discussing the regulation
in order to achieve a consensus.
Mr. Sabatello asked who on the Commission had a problem with the length of an access
tract.
Chairman Ornstein said what is not acceptable is a long access tract. He said this matter
will hopefully be settled on the three BallenIsles petitions at the April 28, 1994 City Council
meeting.
WORKSHOP: Petition PUD- 94 -07, by Henry Skokowski of Urban Design Studio, agent
for MacArthur Holding A, Inc., for Planned Unit Development approval to construct 32
custom estate homes and 64 custom detached homes on 32.27 acres on Parcel 13 of the
•
BallenIsles Planned Community District. (14- 42S -42E)
Mr. Skokowski, agent, reviewed the above - referenced project.
•
Chairman Ornstein asked what was the length of the T -turn around.
Mr. Walton said the Fire Department is recommending 60 feet for the leg of the T -turn
around.
Mr. Honig suggested straightening the access tracts off of the traffic rotary at the northern
end of the parcel. He said straightening the access tract would create a large T -turn around.
In looking at one of the access tracts on the northern end, Chairman Ornstein said he did
not have a problem with a 78 -foot dead end serving only two lots.
Mr. Salour said this is the kind of direction he was looking for.
Chairman Ornstein suggested to staff that they bring pictorial examples of dead end access
tracts.
Mr. Walton said the City would like to establish a standard without thinking of a particular
project.
Mr. Honig said that without pictures it may be difficult to imagine the dimensions being
proposed as the standards.
Chairman Ornstein suggested that staff provide pictorial examples.
Mr. Honig said he did not like the "right hook" access tract located to the north of the
project entrance.
Mr. Skokowski presented an alternative plan to eliminate the small access tract located at
the southern end of the parcel. The Commission said it preferred the alternative.
WORKSHOP: Petition PUD- 94 -08, by Henry Skokowski of Urban Design Studio, agent
for MacArthur Holding A, Inc., for Planned Unit Development site plan approval to
• construct 90 zero -lot line homes on 16.90 acres on Parcel 17 of the BallenIsles Planned
Community District. (14- 42S -42E)
Mr. Skokowski, agent, reviewed the above - referenced project. He presented an alternative
•
to the dead end access tract indicated on the project site plan.
Mr. Skokowski said that the City was considering adopting some of the Palm Beach County
standards concerning access tracts and turn arounds. He said those standards are for
heavily - travelled public roads and not necessarily for residential communities in a private
development.
Chairman Ornstein asked if there has been any problems with the 86 -foot wide rotary. He
said he did not have a problem with 50, 60 or 70 -foot dead ends. He said he hopes to
receive some direction from City Council concerning this issue.
Mr. Honig said the Commission should want to make its developments as nice and safe as
0
possible.
Mr. Salour asked if they can get the petitions on the next agenda.
Chairman Ornstein said he would like to see the petition come back in two weeks.
Mr. Skokowski said he would like for staff to work with the petitioner concerning scheduling
the petitions for the next Planning and Zoning Commission.
Joel Charming, developer of the proposed petition, said he is willing to expand the rotaries
or remove the rotaries. He said the rotaries were included for aesthetic reasons and to slow
traffic through the development.
Mr. Walton said that the City Council policy will be codified in the Land Development
Regulations.
Chairman Ornstein told the petitioner that the solutions proposed at the meeting were
• better than the designs originally proposed.
New Business
Mr. Sabatello asked staff to ask the City Attorney about the status of the Newsrack
Ordinance.
Adjournment
With no other business coming before the Commission, the meeting was adjourned at 10:30
P.M.
•
10
Carl tello
on IT
Michael Posner
Marty R.AjMinor, Secretary
• 11
Daniel Honig
Diane Carlino
'U
omas Pastore
COUNTY MUNICIPALl AND OTHER LOCAL PUBLIC OFFICERS
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MY POSII'ION IN:
. ELECTIVE APPOINTIVE
WHO MUST FILE FORM dd
This form is for use by any Person serving at the county, city, or other local level of government on an appointed or elected boars
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 udder 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 law 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 fors
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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 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordit
the minutes of the meeting, who should incorporate the form in the minutes.
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A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure whil
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
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•
• 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 (IR \I MN 111•Mh F
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 File it within IS days after the vote occurs with the person responsible for recording the minutt
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•
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1.�'` �• �°�a —� __ , hereby disclose that on ^' ` 7' (' 19 '
(a) AA measure came or will come before my agency which (check one)
1/ inured to my special private gain; or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
, by whom I am retains
App ✓:1 2 c� , l5 5 `{'
Date Filed Signature ,
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DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWII`
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E FORM BB • 10.66