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HomeMy WebLinkAboutMinutes P&Z 062894• CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION JUNE 2$, 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 Daniel Honig Carl Sabatello, Chairman-Elect Diane Carlino Phillip Lyddon William Mignogna Thomas Pastore, Alternate Michael Posner, Alternate Also present were Assistant City Attorney Paul Golis and Assistant City Manager Greg Dunham. City Council Liaison, Mayor David Clark, did not attend. ITEMS BY PLANNING & ZONING DIRECTOR: Mr. Richard Walton reported that a public hearing on the Land Development Regulations was held June 23, 1994. APPROVAL OF MINUTES OF June 14, 1994: Ms. Diane Carlino made a motion to approve the minutes of the June 14, 1994, Planning and Zoning Commission meeting. Mr. Michael Posner seconded the motion. The motion was approved by a 5 -0 vote, with Mr. Phillip Lyddon and Mr. William Mignogna abstaining because they were not present at that meeting. PLANNING AND ZONING COMMISSION Recommendation to City Council: Petition PUD- 94 -09, by Young Song of Jones & Song • Architects and Planners, agent for Republic Security Bank, for Planned Unit Development approval to construct a 3,000 square -foot bank on the Tract 7 outparcel of the Gardens • Planning & Zoning Commission Minutes June 28, 1994 East (the Promenade) Shopping Center. Located east of Alternate A -1 -A and north of Lighthouse Drive. (18- 42S -43E) {Previous meeting 6/14/94} Mr. Michael Posner stated he had a conflict of interest with this petition and, therefore, did not participate in the discussion. Ms. Young Song did not attend the meeting. Mr. Marty Minor, Planning Technician, reviewed the staff report dated June 23, 1994. Chairman Ornstein suggested the three (3) northern -most parking spaces adjacent to the bypass lane beside the drive -thru be eliminated and replaced with sod and landscaping. Carl Sabatello made a motion, seconded by Diane Carlino, to recommend approval of the above - referenced petition to the City Council with the following conditions: 1. 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. Ll 2. 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 any Building Department permit requiring land clearing. Section 153.20 shall also be enforced during construction. 3. All tree protection and landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all tree protection efforts, 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. All trees or plants designed for preservation 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 Planning & Zoning Commission Minutes June 28, 1994 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. 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. Once compliance has been confirmed by the City Forester, the City Building Department shall be notified. 6. Prior to the issuance of the building permit, the petitioner shall record the easement agreement for the southwestern entrance to the site. 7. The three (3) northern-most parking spaces adjacent to the bypass lane beside the drive - thru are to be eliminated and replaced with sod and landscaping. The motion was approved by a 7 -0 vote. Workshop: Petition PCD- 94 -01, by Gary Brandenburg, agent for William Cordani, for Planned Community Development approval to construct a 367 dwelling unit and 21 -hole golf course community on 734 acres (Gardens Country Club). Located west of the Beeline Highway at the western edge of the city limits. (Sections 28, 29, 32, & 33 -41S- 41E) Kim Glas reviewed report dated June 23, 1994. Discussion ensued concerning lack of fire station being proposed by the petitioner, and the effect of "leap frog development " - on urban services - -in which a level of service was established for police and fire services; however, since concurrency was not mandantory the project could not be delayed by the City for lack of these services until the project was on -line. The need for a recreation dedication because of the location of the project and the wetlands on site was discussed. Jerry Allen, Palm Beach County Department of Airports, expressed concern over residential encroachment closer than a 3 -mile radius from the airport since this project would be located only two miles east of the airport. Commission member Michael Posner stated he had previously represented the petitioner; however, had been advised by the City Attorney that he no longer had a conflict of interest. Attorney Gary Brandbenberg, representative for the applicant, gave a history of the proposed project, and explained that in a 1989 vested rights agreement the City had agreed to allow the project to be developed at the proposed location with a density of one dwelling unit per two 3 • Planning & Zoning Commission Minutes June 28, 1994 acres. Attorney Brandenberg reported the petitioner was in current negotiations with the City Attorney, City Manager and planning staff to determine the amount of a cash payment in lieu of a park on the site; that discussion with the Fire Chief had resulted in the requirement of sprinklers in each dwelling unit; that the Police Chief had indicated no additional police officers would be needed to patrol the development since full -time security would be provided on site; that the project was not in violation of any airport regulations; and that the development complied fully with South Florida Water Management District environmental review and exceeded City of Palm Beach Gardens requirements concerning wetlands. Howard Ostrout, whose firm had prepared the master plan and zoning application for the project, addressed some areas of concern, which included the entrance location directly across from the entrance to Caloosa where an existing flashing light would become a full traffic signal; relocation of the railroad crossing; compliance with length of roads and right -of -ways; and location of development sites outside the wildlife corridor and wetlands. Chairman Ornstein suggested that the clubhouse be relocated to the northeast to promote wildlife crossings. George Gentile, environmental consultant, stated that the golf 'course would have to be microsited during construction to reduce impact to the wetland areas and that management practices would be incorporated into the design to reduce the impact to the environment. Discussion ensued regarding fencing and buffer openings for wildlife crossings, with wetlands providing some of the perimeter security. William Mignogna addressed School Board comments, and explained to the applicant that the standard agreement required the developer to provide incentives to attract non - caucasian individuals to move into the property to promote intregation of the school system in the County. Mr. Ostrout explained the homes would all be single family detatched with prices beginning at approximately $350,000; that Phase I would require approximately one year for permitting and establishment of a bond program with an additional six months necessary for completion of infrastructure, construction of the golf course, clubhouse, and development of unit pods A through F; and that both the first and second phase would consist of all four product types. During discussion of emergency procedures, Mr. Mignogna suggested a board be provided in the guardhouse to show fire department calls so that the guard could direct emergency vehicles. Mr. Brandenberg responded to Mr. Sabatello's fire protection concerns that the County had sites for future fire stations at the entrance to Caloosa and at the Palm Beach Park of Commerce; that the County and the City had a mutual aid agreement that provided for response by whichever department could respond quickest; and that response time would exceed the five - minute standard. Mr. Posner suggested security guards be trained in emergency medical procedures. Carl Sabatello stated that currently health and welfare issues were unclear, and that when a resident purchased a home in Palm Beach Gardens he expected a certain level of service and 4 • Planning & Zoning Commission Minutes June 28, 1994 would receive less than typical. Safety and welfare issues needed to be made a priority and a plan established before proceeding with other issues. Discussion ensued regarding levels of service for gated communities. Chairman Ornstein suggested the approximate one -acre site north of the FAA tower be set aside as a site for a fire substation. A suggestion was made that the petitioner pursue County intentions to build a substation on the Caloosa site. Discussion regarding the contribution of the City's environmental consultant resulted in the decision to invite Mr. Schnelle to the next meeting, along with Police Chief FitzGerald and Fire Chief Arrants, to address any concerns. Assistant City Attorney Paul Golis directed attention to the vested rights agreement between the City and William Cordani and stated that in considering paragraph 2, which had been referred to earlier in the meeting by Mr. Brandenberg, the Commission must also include paragraph 3, which Assistant City Attorney Golis read into the record: `The parties acknowledge and agree that unless inconsistent with paragraph 2 above the City's current Comprehensive Plan and Land Development Regulations will govern the review and approval of the project. Provisions of the City's Comprehensive Plan and Land Development Regulations that will be applied to the review of the project include but are not limited to those dealing with environmental protection, concurrency, and building standards. In addition, the Developer acknowledges and agrees the • City may use as procedures planned use and zoning classifications and terminology in reviewing and approving the project.' The Commission discussed the above - referenced petition and made the following comments and recommendations: 1. The petitioner should provide full disclosure to potential homeowners that the project is located within two miles of an airport; fire department response time would not be within the usual five - minute response time; the development would not be patrolled routinely by Palm Beach Gardens Police Officers. 2. The petitioner is to discuss with Palm Beach County Fire Rescue's Chief Brice the possibility of locating another fire station near Gardens Country Club at the Caloosa site. 3. Police Chief FitzGerald, Fire Chief Arrants, and Environmental Consultant Jim Schnelle are to be invited to attend the next meeting to address any concerns. 4. Chairman Ornstein preferred the Clubhouse be located someplace other than the center of the project in order to promote wildlife crossings. E Planning & Zoning Commission Minutes June 28, 1994 5. A management plan or more details are needed for the construction of the golf course to demonstrate the viability of the master plan in relation to the environmental preserves. 6. A phasing plan is needed which relates to dates. 7. Mr. Carl Sabatello stated he was concerned the residents of the development would not receive the same level of police and fire services as all other residents of Palm Beach Gardens. 8. The petitioner is to investigate the possibility of installing a monitoring system or map board within the guardhouse which would indicate the location of any home fires so emergency vehicles can be directed quickly to the correct address 9. The petitioner should consider having cross - trained security guards which also are certified medics who can respond to emergencies. 10. The recreational impact fee issue needs to be addressed more specifically. OLD BUSINESS: Assistant City Attorney Paul Golis advised regarding newsrack that an ordinance had been prepared but that this issue had been placed on a back burner. Assistant City Attorney Golis reported the City Council had instructed him City Attorney Baird to pursue the LDRs as well as to address the issue of proceeding with the Wiley class action suit. There was no new business to come before the Commission. 2 Planning & Zoning Commission Minutes • June 28, 1994 ADJOURNMENT: There being no further business, the meeting was adjourned at 9:35 p.m. The next meeting will be held July 12, 1994. Diane Carlino Carl Sabate o, Chairman -Elect )04" Phillip Lydd n (Absent) • Daniel Honig Wiliam Mignogna lwk4 d I 1�akL' Michael Posner, Alternate Thomas Pastore, Alternate Ja6lie Holloman, Secretary • 7 V'ORM 86 MEMORANDUM OF VOTING CONFLICT FUR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME —FIRST NAML— MIDI)t E NAME NAME OI BOARD, COUNCIL. COMMISSION. AUTHORITY. OR COMMITTE kp ©S M 11 4-2- Cv , t l AILINO ADDRESS IHL BOARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE ON WH ISERVE IS A UNII OF: C'I I Y COUNTY OTHER 10CAt AGENCY �• � ('t)UNfI /J 6 ^ / PA t , A (3 C� NAA L' ITIC At. SUBDIVISION: DAI E ON WHI( It V )I I. (X C RRk•t) ( ' MY Host I ION IS. 6 ELLC"ItVE A INTIv WHO MUST FILE FORM 88 This form is for use by any person ser%ing at the county, city, or other local level of government on an appointed or elected boar council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presenu with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; althoul the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by lay Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly dependii on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this for before completing the reverse side and filing the form. • 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 inui to his special private gain. Each local ufficer also is prohibited from knowingly voting on a measure which inures to the spec 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 which you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordi the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure wh inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to 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 m disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whet made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT %%'HII THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. a The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of inter I(INN) rH In" 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 minute • of the meeting, who should incorporate the form in the minutes. is DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, L hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain, or inured to the special gain of __`? �`'`_7 2 �,r_�� k , by whom I am retainec (b) The measure before my agency and the nature of my interest in the measure is as follows: �® r pt- 1h fir,. l Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIR DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOW11, IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. E FORM 86 - 10.86 *` +�ORM COUNTY, 88 MEMORANDUM OF VOTING CONFLICT FOR MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I A NAME -FIRST NAML -MI00t E NAME AILING ADDRESS t'1 TN DAl E VLA H K I I V / It (X'CURRH) L-111- J ( otiN rl p/jIM &'i NAME OI BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTE .P+ Z G 1*5 M P't -'t, "1_1-v THE BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH -1 SERVE IS A UNII OF: CI I Y ) coUNTY OTHER I.00At AGENCY NAML Ot F'Ut ITICAt. SUBDIVISION: MY NUSI1'1ON IS ELECTIVE AP INTIv WHO MUST FILE FORM 68 This form is for use by any person sers ing at the county. city, or other local level of government on an appointed or elected boar council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are present with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; althoul the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by lay Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly dependii on whether you hold an elective or appointive position. For this reason, please. pay close attention to the instructions on this for before completing the reverse side and filing the form. • 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 inu to his special private gain. Each local ufficer also is prohibited from knowingly voting on a measure which inures to the spec 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 ol' your interest in the measure 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 recordi the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure wh inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to 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 m disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whet made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHI( THE VOTE WILL BE TAKEN: • • You should complete and file this form (before making any attempt to influence the decision) with the person responsible recording the minutes of the meeting. who will incorporate the form in the minutes. • 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 inter ttimm rH ill" 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 minute.. • of the meeting, who should incorporate the form in the minutes. 0 DISCLOSURE OF LOCAL OFFICER'S INTEREST nn , I. ___L! PO,3 &" __ , hereby disclose that on (, I , 19 (a) A measure came or will come before my agency which (check one) inured to my special private gain; or _Inured to the special gain of _ c AL 9 A"101% tO A"101% P I` by whom 1 am retainec , (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed Ft r ,v-) v S t ) -10 f .e� 4- p,, Signature / NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRI DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIh IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE Ok EMPLOYMENT, DEMOTION. REDUCTION SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. E FORM 89 - I0-86