HomeMy WebLinkAboutMinutes P&Z 052494_ CITY OF PALM BEACH GARDENS
'to PLANNING AND ZONING COMMISSION
MAY 24, 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
Jeffrey Ornstein, Chairman
Carl Sabatello, Chairman -Elect
Diane Carlino
Phillip Lyddon
William Mignogna
Thomas Pastore, Alternate
Absent
Daniel Honig
Michael Posner, Alternate
Also present were City Attorney Thomas Baird, Council Liaison Mayor David Clark, and
Assistant City Manager Greg Dunham.
ITEMS BY PLANNING & ZONING DIRECTOR:
Reporting for the Director, Mr. Bristol Ellington, Planner, distributed the final draft of the
Land Development Regulations (LDR's) and stated a workshop and first reading would take
place at the June 2, 1994, City Council meeting; and the first public hearing would be held
on June 23, 1994. Comments from the development community were requested by June 16,
1994.
ITEMS BY CITY COUNCIL LIAISON:
Mayor David Clark reported on action taken by City Council at its meeting of May 19, 1994.
APPROVAL OF MINUTES OF May 10, 1994:
Mr. Phillip Lyddon made a motion to approve the minutes of the May 10, 1994, Planning
and Zoning Commission meeting. Mr. William Mignogna seconded the motion. The
motion was approved by a 4 -0 vote. Mr. Jeff Ornstein and Ms. Diane Carlino had not
attended the May 10 meeting. Therefore, they abstained from the vote.
Planning & Zoning Commission Minutes
May 24, 1994
PLANNING AND ZONING COMMISSION
PUBLIC HEARING: 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) (Prev. Mtg. 4/26/94)
(Advertised May 9, 1994)
Mr. Bristol Ellington reviewed the petition and gave an overview of the petitioner's request.
Mr. Henry Skokowski summarized the major points of the project. Further, he stated the
petitioner did not agree with Staff's recommended Conditions No. 1 and 3. He said
Condition #1 requiring the Posted and View right -of -way to be abandoned by Palm Beach
County prior to commencement of any new development was too restrictive and not
necessary. He stated they had been working with Palm Beach County on the proper
procedure for abandoning that right -of -way. Mr. Skokowski asked that the limitation to
proceed with development be imposed only on Parcels 613, 19B, and 20A & 20B. Discussion
ensued regarding the time frame for the abandonment of the right -of -way.
Mr. Skokowski stated the petitioner would continue to work cooperatively with the City and
• the County relative to any efforts to improve the situation regarding Hickory Drive
realignment. He further stated, however, this was the first time they had been made aware
of the Hickory Drive issue and that it was not related to the approval of the PCD originally.
It was the consensus of the Commission that the petitioner could discuss the above two
conditions with the City Council.
Chairman Ornstein opened the Public Hearring.
Mr. Jeff Presser, 5589 Cypress Tree Court, distributed copies of a letter from him to Cypress
Hollow Homeowners dated May 18, 1994. Mr. Presser gave a slide presentation in support
of retaining the Australian pines along the western border of Cypress Hollow development.
Chairman Ornstein stated he was in favor of allowing the Australian Pines to remain but
remove the remaining exotic vegetation.
In response to a question from Mr. William Mignogna, City Forester Mark Hendrickson
stated he was recommending removal of all exotic vegetation, including Australian pines,
as required the City Code's Landscape Ordinance.
Mr. Carl Sabatello stated he believed the tall Australian Pines had a positive effect along
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Planning & Zoning Commission Minutes
May 24, 1994
the property lines and would therefore like to keep all those trees in the southwest quadrant
but follow a program of maintenance with the City Forester.
Mr. Nicholas Delacova, Engineer with Palm Beach County School Board, stated he was in
favor of leaving the Australian Pines and believed it would be beneficial to do so. He stated
all Brazilian pepper trees should be removed because they were poisonous.
Chairman Ornstein closed the Public Hearing.
In response to a question from Mr. Phillip Lyddon, Mr. Skokowski explained plans for
emergency access roadway.
Motion: Ms. Diane Carlino made a motion to recommend approval of Petition PCD -
94-02 with the following conditions and noted that the petitioner objects to
Conditions 1 & 3:
1. The Posted and View right -of -way shall be abandoned by Palm Beach County
prior to the commencement of any new development east of BallenIsles
Drive, with the exception of the clubhouse renovation.
2. The May 3, 1994 Exotic Plant Management Plan for BallenIsles PCD and
accompanying exhibits shall be binding for all portions of the BallenIsles
PCD.
3. The legal description, sketch of survey and right -of -way deed for the
realignment of Hickory Drive shall be prepared prior to the approval of any
Planned Unit Developments east of BallenIsles Drive.
4. Parcel 6a of the BallenIsles Planned Community District shall have two
separate access points. These access points shall not be gated at any time.
5. A paved emergency access road shall be provided from the northern terminus
of the 4,400 -foot long eastern access roadway at Parcel 10 to the adjacent
clubhouse.
6. All exotic vegetation shall be removed with the exception of the Australian
pines located east of the future entrance to BallenIsles and north to the
boundary of the Hunt Club.
The motion was seconded by Mr. William Mignogna.
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Planning & Zoning Commission Minutes
• May 24, 1994
Discussion ensued regarding the buffer between Cypress Hollow and BallenIsles.
The motion was unanimously approved by a 6 -0 vote.
RECOMMENDATION TO CITY COUNCIL: 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) (Prev. Mtgs.
4/26/94 & 5/10/94)
Mr. Bristol Ellington reviewed the staff report dated May 19, 1994.
In response to a question from Chairman Ornstein, discussion ensued regarding paver
blocks.
Mr. Henry Skokowski stated two feet on either side of the asphalt roadway would be a
textured interlocking paver block material on a sand base. It was the consensus of the
Commission that the Site Plan shall show the detail of the roadway section. Chairman
Ornstein stated the top wearing surfaces should all be the same elevation.
• Motion: Ms. Diane Carlino made a motion to recommend approval to City Council of
the above - referenced petition with the following conditions:
1. The petitioner shall submit a landscape plan to the City for the roadway
known as Coquina Way within 90 days of the approvals of the Planned Unit
Development for Parcel 12, 13, 14 or 17, whichever comes first.
2. Lot Number 4 shall be limited to one access, either from the "T"' turnaround
or the main road.
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 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 native areas designated for
preservation shall be tagged or roped -off. Prior to land clearing, the
developer shall erect and maintain 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
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Planning & Zoning Commission Minutes
• May 24, 1994
any Building Department permit requiring land clearing. Section 153.20 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 preservation /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. Shrubs shall be replaced with
like specie one for one with a minimum 30" height. If the site can not support
the total number of replacement trees as required above, City Council may
permit the developer to donate excess trees to the City for planting on public
lands.
• 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 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. 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.
9. 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.
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Planning & Zoning Commission Minutes
is May 24, 1994
10. The "Exotic Plant Management Plan for the BallenIsles PCD," dated May 3,
1994, shall be made a part of this PUD approval.
11. The roadways shall be privately -owned and maintained in perpetuity, without
recourse to the City.
The motion was seconded by William Mignogna.
The motion was approved unanimously by a 6/0 vote.
RECOMMENDATION TO CITY COUNCIL: 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)
(Prev. Mtgs. 4/26/94 & 5/10/94)
Mr. Carl Sabatello stated he had a conflict of interest with the above - referenced petition
and did not participate in the discussion or vote.
• Mr. Bristol Ellington reviewed the staff report dated May 19, 1994. He stated the rear yard
setbacks for Lots 1 -8 and 13 -19 had been changed from 20 feet to 15 feet.
Mr. William Mignogna stated he preferred sidewalks on both sides of the streets.
Mr. Hank Skokowski stated that the rear yard setbacks had been changed from 20 feet to
15 feet on those lots fronting the water (Lots 1 -8 and Lots 13 -19).
Motion: Ms. Diane Carlino made a motion to recommend approval to City Council of
the above - referenced petition with the following conditions:
1. The petitioner shall submit a landscape plan to the City for the roadway
known as Coquina Way within 90 days of the approvals of the Planned Unit
Development for Parcel 12, 13, 14 or 17, whichever comes first.
2. 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 a ground cover or
grass immediately upon request by the City or the City shall have the work
done at the owner's expense.
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Planning & Zoning Commission Minutes
May 24, 1994
3. 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.
4. 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 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.
5. 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.
6. 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.
7. The "Exotic Plant Management Plan for the BallenIsles PCD," dated May 3,
1994, shall be made a part of this PUD.
8. The roadways shall be privately -owned and maintained in perpetuity, without
recourse to the City.
Mr. Thomas Pastore seconded the motion.
The motion was unanimously approved by a 5 -0 vote, with Mr. Carl Sabatello abstaining.
RECOMMENDATION TO CITY COUNCIL: 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 16.52 acres on Parcel
17 of the BallenIsles Planned Community District. (14- 42S -42E)
s
Planning & Zoning Commission Minutes
• May 24, 1994
(Prev. Mtgs. 4/26/94 & 5/10/94)
Mr. Bristol Ellington reviewed the staff report dated May 19, 1994.
Chairman Ornstein stated he did not agree with Condition No. 10 contained in the staff
report dated May 19, 1994. He preferred any paver material as long as the top wearing
surface was level and plumb from one unit to the next.
Mr. Carl Sabatello and Ms. Diane Carlino agreed with Mr. Ornstein's preference for brick
paver blocks.
Mr. William Mignogna did not like the paver blocks since they did not always stay level.
Mr. Phillip Lyddon stated although he liked paver blocks and thought they were attractive,
he was concerned about the maintenance of a level condition.
Mr. Thomas Pastore preferred concrete rather than paver blocks.
It was the consensus of the Commission to change Condition No. 10 to include paver block
materials.
• Mr. William Mignogna stated he preferred sidewalks on both sides of the streets.
Motion: Ms. Diane Carlino made a motion to recommend approval to City Council of
the above - mentioned petition with the following conditions:
1. The petitioner shall submit a landscape plan to the City for the roadway
known as Coquina Way within 90 days of the approvals of the Planned Unit
Development for Parcel 12, 13, 14 or 17, whichever comes first.
2. The three fountains shall use irrigation water (lake water) instead of potable
water.
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 a ground cover or
grass immediately upon request by the City or the City shall have the work
done at the owner's expense.
• 8
Planning & Zoning Commission Minutes
May 24, 1994
4. 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.
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 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.
6. 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.
7. 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.
8. The "Exotic Plant Management Plan for the BallenIsles PCD," dated May 3,
1994, shall be made a part of this PUD.
9. The sidewalks shall be constructed of concrete, or paver material with a top
wearing surface to be level, true, and plumb from one unit to the next and set
in a proper setting bed.
10. The paver block roadways shall be privately -owned and maintained in
perpetuity, without recourse to the City.
Mr. Carl Sabatello seconded the motion.
The motion was unanimously approved by a 6 -0 vote.
Mr. Henry Skokowski stated there would be a 10 -foot side set back separation on the zero
Planning & Zoning Commission Minutes
May 24, 1994
lot lines. Mr. Ellington stated that a 10 -foot building separation would be noted on the
plans.
OLD BUSINESS:
Mr. Carl Sabatello asked if any progress had been made on the preparation of Newspaper
Rack Ordinance, and Mr. Thomas Baird, City Attorney, stated this should be ready at the
next meeting in June.
NEW BUSINESS:
Mr. Carl Sabatello stated a Catalfumo construction sign was still located at Prosperity
Center. Mr. Ellington stated he would report this to the Code Enforcement Officer.
1]
• 10
Planning & Zoning Commission Minutes
May 24, 1994
ADJOURNMENT:
There being no further business, the meeting was adjourned at 9:30 p.m. The next meeting
will be held June 14, 1994.
Diane Carlino
(Absent)
Daniel Honig
(Absent)
Michael Posner, Alternate
a ie Holloman, Secretary
•
11
Carl Sabat6llo, Chairman -Elect
PL&"�
Phillip Lyd on
William Mignogna
f&WI4 ) kku
Thomas Pastore, Alternate
k
S�z� f -Fy
18 May 1994
Dear Cypress Hollow Homeowner,
As you may be aware, there are some developments beginning to
occur involving the property owned by BallenIsles along the
western edge of Cypress Hollow. Here's the story...
The Planned Community Development (PCD) passed by the City of
Pte'..: Beach Gardens in 1888 or 1989 calls for the strips of land to
the west and north of Cypress Hollow is to be cleared of all "non-
native" or "invasive" vegetation. The species to be removed include
all the Australian Pines and Brazilian Pepper (Florida Holly) trees.
After the land has been r_leared,.BallenIsles is to erect a 25 -foot
"Buffer Zone" which will include a 6 -foot chain link fence located
12 to 15 feet from the property line. The buffer is to be
landscaped in a fashion such that "existing and planted shrubs shall
form a continuous screen along both sides of the fence" (see
enclosed "Perimeter Buffer System 'C' Plan ").
The construction road will be closed and the permanent entrance to
BallenIsles from Northlake blvd. will enter across from the entrance
to Steeplechase. This road will wind toward the northwest corner
• of Cypress Hollow to no closer than 100 feet from the property
line. The land immediately to the west of Cypress Hollow will be a
park.
According to the developers of BallenIsles, before developing some
newer sections toward the southern reaches of their property,
Seacoast Utilities is requiring that a planned water main be run at
56 feet off the current property line. This water main is to extend
from Northlake Blvd. northward and then westward, parallel to the
property line. A utility easement of 12 feet (6 feet on either side
of the water main) is to be completely cleared of vegetation. The
c=learing of this land has already begun.
BallenIsles cannot begin the construction of the permanent
Northlake entrance road until that stretch of Northlake Blvd. is
widened to 4 lanes. As you may it is still unclear when this
might occur...plans have been delayed somewhat, perhaps because of
potential concerns over groundwater issues.
Mr. John Shorb, one of the Ballen,Isles developers, believes the road
widening may begin within a year. BallenIsles intends to construct
the planned "Buffer Zone" at the same time as they begin
construc=tion on the permanent Northlake entrance. The current
construction road will likely remain in place until that time.
• BallenIsles has requested an amendment to the current PGD from
the City cif Palm Beach Gardens. Among other things, the
amendment asks the Planning and Zoning Committee to allow
BallenIsles to keep certain existing Australian Pines within their
s
• development along homesites, the golf course and the Turnpike
until they die, and then to replace them with native trees.
Although the Australian Fines along the border with Cypress Hollow
are not c=urrently part of that request, BallenIsles would prefer not
to have to remove those trees, chiefly because of the expense.
A public= meeting of the City Planning and Zoning Committee on
the proposed PCD amendment is scheduled for Tuesday, May 24th at
7:30 pm at the City Municipal Complex on Military Trail. I have a
couple of concerns which I would like to express at the meeting.
If possible, I would like to ask 'the committee to consider allowing
BallenIsles to leave in place those Australian Pines along the border
with Cypress Hollow. These trees provide shade (reducing energy
consumption in our homes), habitat for several different birds, and
a significant buffer beL.:--an the two properties.
If the committee is unwilling to allow us to keep the tall trees,
then it might be desireable to ask BallenIsles to proceed with
building and planting the buffer zone as soon as possible after the
utility easement is cleared in order to block the view of the
c=onstruction road, and to allow time for growth to screen the
fence.
I am very interested in hearing your thoughts and opinions on the
subject. If you like, please feel free to give me a call at home.
• I would also like to invite anyone who is interested to .join me at
the Planning and Zoning Committee meeting on May 24th.
Thanks for your time and attention...
Sinc=erely,
Jeff Presser
5589 Cypress Tree Ct.
775 -7068
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