HomeMy WebLinkAboutMinutes P&Z 080994CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
AUGUST 9, 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 Carl Sabatello, Chairman -Elect
Diane Carlino Daniel Honig
William Mignogna Phillip Lyddon
Thomas Pastore, Alternate
Michael Posner, Alternate (arrived 7:35)
Also present were Mayor David Clark, Assistant City Attorney Paul Golis, and Assistant
City Manager Greg Dunham.
ITEMS BY PLANNING & ZONING DIRECTOR:
Richard Walton, Director, Planning and Zoning Department, announced a workshop to
discuss the Snyder Case and invited Planning and Zoning Commissioners to attend.
ITEMS BY CITY COUNCIL LIAISON:
Mayor David Clark reported at the City Council meeting of August 4, 1994 that the Public
Hearing on proposed Land Development Regulations was recessed to the August 18
meeting, and that workshops had been held on Mediplex and the proposed landscaping
buffer for the PGA National Entrance at Northlake Boulevard and Ryder Cup.
APPROVAL OF MINUTES:
Minutes of July 26, 1994 - Ms. Diane Carlino made a motion to approve the minutes. The
motion was seconded by Mr. Thomas Pastore. The motion was approved by a 3 -0 vote. Mr.
William Mignogna abstained from voting since he was not present at the July 26 meeting.
Michael Posner, Alternate, arrived at 7:35 P.M.
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Planning & Zoning Commission Minutes
August 9, 1994
SITE PLAN & APPEARANCE REVIEW
Recommendation to City Council: Petition SP- 94 -04, by Dan Gerth, with Fanning/Howey
Associates, Inc., agent for St. Mark's Episcopal Church, for site plan approval for the
construction of a 13,775 square -foot classroom /media center building for St. Mark's
Episcopal Church. Located at the northeast corner of Burns Road and Gardens East
Drive. (7- 42S -43E)
Mr. William Mignogna stated for the record that he was the Structural Engineer for this
project and that all his work was finished.
Mr. Bristol Ellington, City Planner, reviewed the staff report dated August 4, 1994.
Mr. Ellington responded to Mr. Michael Posner that irrigation for the island vegetation
would be a requirement. Mr. Ellington explained that 82.5 parking spaces were required
and that the petitioner was providing 87 spaces.
Mr. Dan Gerth, Agent, explained that revisions to the site plan had resulted in a 50/50 ratio
of site coverage versus open space. After Mr. Gerth commented that the portable
• classrooms were needed for two years, Chairman Ornstein stated he was not in favor of
portables. Mr. Gerth then explained existing undersized spaces would be enhanced and the
portables were needed to accommodate the present preschool population in their progress
though the grade levels until graduation. Chairman Ornstein stated he would support using
portables until the C.O. was issued. Father G. K. Robb, Rector of St. Mark's Church,
explained the student makeup had changed in that there was no longer attrition of 3 and
4- year -olds, and that St. Mark's policy had been not to have a child in a class unless there
would be room for that child in the next year's class. As a result, instead of 40 first graders
there were 60. St. Mark's hope was to have 40 children in each grade level from 4 -year olds
to eighth grade, but in the interim until the existing overpopulation could complete all grade
levels, extra space was needed. Father Robb explained that during the requested two -year
extension they would try to resolve the problem to no longer have to use portables, but if
they could not, in three years another time extension request would be made. Chairman
Ornstein stated he could not support portables once the new building was built, since the
policy of not turning anyone away would result in another time extension request; but other
than that item he could support the applicant's request.
Mr. Gerth responded to Mr. Thomas Pastore that the new building would contain six
classrooms to replace the present undersized six classrooms. Mr. Michael Posner suggested
increasing the size of the new building, to which Mr. Gerth responded that St. Mark's did
not want more than 400 students —which their.present plan would eventually achieve, and
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August 9, 1994
that the cost of adding another story would be too much since this project was fully
dependent upon donations. Ms. Diane Carlino stated she was very much in favor of this
project and that she would agree to a 2 -year extension, but not beyond that, and suggested
a requirement that no further extensions could be granted. Mr. William Mignogna
commented the portable was very nice looking and he would support a 2 -year extension.
Roy Davidson, former member of St. Mark's School Board, explained long -term strategic
planning had been in a state of flux for the past few years and incredible pressure from
parents had resulted in establishing an additional grade, resulting in the temporary
overpopulation of the school, and that parents who formerly would have placed their
children in public school after a year or two at St. Mark's were no longer doing so since the
public school environment had changed. Mr. Mignogna suggested only accepting 20 children
for four years in a row to which Mr. Davidson responded there would be difficulties in
recruitment because of social dynamics. Chairman Ornstein stated he could not see any
effort by St. Mark's to find a solution to the problem, and that somehow space could be
found in the new building to accommodate the extra children. Mr. Mignogna suggested
placing the portable building on a foundation to make it permanent. Chairman Ornstein
stated he would agree as long as all LDRs could be met. Ms. Diane Carlino questioned that
the building would still look the same. Mr. Davidson stated the worst -case scenario for
length of time the temporary classroom would be needed would be six years, and that St.
Mark's would agree to an enrollment cap by grade during that time, and would provide
• reports to the City Council and the Planning and Zoning Department. Chairman Ornstein
reacted unfavorably since monitoring would be required by the City, and stated the City's
code did not allow temporary facilities.
Melba Hardy, Principal of St. Mark's School, informed the Commission that the quality of
the children's education would be impacted by placing too many children in a classroom
with limited space. Michael Posner stated the Commission's problem was that if they
allowed the portable that a precedent would be set; and that the petition asked for two
years when St. Mark's would really need 5 or 6 years; and that the school had the ability to
control the number of students they would admit. Mr. Posner also stated that in laying out
their plans, St. Mark's needed to conform to City code, and the code did not permit
temporary buildings. Principal Hardy stated the portable would be well maintained,
however Chairman Ornstein stated that the issue was not how the portable looked but the
fact that the City's code did not allow a portable. Mr. Pastore questioned how the portable
became approved originally to which Mr. Ellington responded that it was through temporary
conditional use which was allowed during the interim of planning for expansion or during
construction. Chairman Ornstein inquired what the timing was for beginning construction
and was told that it would be as soon as possible, in order to open for the 1995 school year.
Mr. Pastore stated he would support the original 2 -year condition which had about a year
remaining. Planning and Zoning Director Walton suggested if the Commission agreed not
to support the two -year time extension that another condition be added stating that the
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August 9, 1994
extension of time on the portable not be granted. Mr. Posner stated the date of expiration
on the resolution was July 31, 1994 which the Commission agreed was an error, and that the
date should be July 31, 1995.
Motion:
Mr. Michael Posner made a motion to recommend approval of the above - mentioned
petition to the City Council with the following conditions:
1. The St. Mark's Episcopal Church School shall not exceed a 460 student population
without verification from the City that the increase complies with the City's
Concurrency Management Systems Ordinance.
2. Prior to being scheduled before the City Council, the petitioner shall revise the
landscape plan to reflect the installation of the vines along the perimeter fencing.
3. 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.
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 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.
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
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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. No time extension shall be granted for the use of the portable classroom structure
on the site.
The motion was seconded by Mr. Thomas Pastore and was unanimously approved by a 5 -0
vote.
Ms. Diane Carlino and Mr. William Mignogna indicated they were very much in favor of
a two -year time extension for the portable classroom structure.
PLANNING AND ZONING COMMISSION
Recommendation to City Council: Petition DRI- 94 -02, by Frank Palen, agent for PGA
• National Limited Venture, Ltd., for amendment to the PGA National Resort Community
Development of Regional Impact to delete 1500 dwelling units, amend condition 7f
pertaining to dedication of roadway requirements, require submission of a new master plan
within 6 months and extend the build out of the project by five years. (Sections 8, 9, 10,
15 & 16 - 42S -42E)
Kim Glas- Castro, City Planner, reviewed the staff report dated August 1, 1994.
Frank Palen, Agent for the petitioner, explained that of 5200 units platted, 4700 had been
built, and only two residential parcels remained. Planning and Zoning Director Walton
responded to Mr. Pastore's concern that a master plan reflecting the reduced number of
units should be presented for consideration by the Commission by stating that numerous
traffic studies had been done to determine that 1500 dwelling units needed to be deleted
to reduce Jog Road from six lanes to two lanes. Ms. Glas- Castro responded to Mr. Pastore
that the traffic analysis zone containing the density reduction was within PGA National, and
also extended north of PGA National on Property owned by the MacArthur Foundation.
Discussion ensued regarding when Jog Road might be completed.
Motion:
Ms. Diane Carlino made a motion to recommend to the City Council approval of the
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following changes to the above - mentioned development order:
o an amendment to condition 7(f) to restrict the width and laneage of Ryder Cup
Boulevard /Jog Road (the condition contains "timing" criteria which specifies when
Ryder Cup Boulevard may be turned over the County for Jog Road)
o addition of a new condition (#16) to reduce the approved residential density from
6900 dwelling units to 5400 dwelling units. The reduction in density is designed to
offset traffic impacts of eliminating Jog Road through PGA National
o addition of a new condition (#17) to require the submission of a new master plan
for PGA National within 6 months (consistent with the density reduction and existing
developed areas)
o amendment to conditions 8 and 9 to extend the buildout of the project for five years
(from August 31, 1998 to August 29, 2003)
Mr. William Mignogna seconded the motion. The motion was unanimously approved with
a 5 -0 vote.
• Recommendation to City Council: Petition PUD- 94 -12, by William F. Colwell, Court -
Appointed Receiver, to amend the Admiralty II Planned Unit Development, created by
Ordinance 15, 1987 and as subsequently amended, to allow the installation of a canopy
peak for the approved drive -in bank facility. Located south of PGA Boulevard, west of
Interstate 95. (12- 42S -42E)
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Chairman Ornstein expressed concern that the City Engineer should not review structural
calculations and was assured by staff that the petitioner was required to provide certification
by a licensed structural engineer.
Mr. William Mignogna expressed a possible conflict of interest since his firm had provided
the structural engineer's certification, however; staff responded that the canopy peak under
consideration had been certified by the structural engineer for the canopy company.
Mr. Bristol Ellington, City Planner, reviewed the staff report dated August 4, 1994.
Mr. William F. Colwell, Agent for the petitioner, stated petitioner was agreeable to the
awning color matching the existing awnings for Boston's Restaurant and to removal of the
signage proposed for the west elevation of the drive -in facility. Mr. Colwell's request that
the bank's logo be included on the north signage was received unfavorably by the
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August 9, 1994
Commission.
Motion:
Ms. Diane Carlino made a motion to recommend to. City Council approval of the above
mentioned petition with the following conditions:
1. The color of the vinyl awning shall match the color of the awnings for Boston's
restaurant.
2. The signage proposed for the west elevation of the drive -in facility shall be removed.
Mr. Michael Posner seconded the motion. The motion was unanimously approved by a 5 -0
vote.
Recommendation to the City Council: Petition PUD- 94 -13, by David Harris, agent for M/I
Schottenstein Homes, Inc., to amend the Bent Tree Planned Unit Development, created by
Ordinance 21, 1993, to amend the approved model home elevations, the exterior color
scheme and the F.A.R. on the zero lots. Located on the southeast corner of Central
• Boulevard and 117th Court. (2- 42S -42E)
Mr. Bristol Ellington, City Planner, reviewed the staff report dated August 4, 1994.
Mr. Dominick Lioce, representing M/I Schottenstein Homes, Inc., presented brochures
showing artist's renderings of the proposed elevations. David Harris, Project Manager for
the project, stated market trends had dictated color changes, and showed the Commission
samples of roof tiles and color samples for the walls, house trim, and doors.
Mr. Michael Posner questioned whether the association's declaration of covenants and
restrictions had been amended to make it clear that the model featuring the detached guest
bedroom villa could not be rented apart from rental of the main unit. After discussion,
Chairman Ornstein recommended that the Commission require a condition stating those
units could not be rented separately.
Motion:
Ms. Diane Carlino made a motion to recommend approval to City Council of the above -
mentioned petition with the following condition:
1. The model featuring the detached guest bedroom villa shall not at anytime in the
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August 9, 1994
future become a separate rental unit in accordance with City Code.
The motion was seconded by Mr. Michael Posner. The motion was approved by a 5 -0 vote.
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Planning & Zoning Commission Minutes
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ADJOURNMENT:
There being no further business, the meeting was adjourned at 9:00 p.m. The next meeting
will be held August 23, 1994.
(Absent)
Daniel Honig
Michael Posner, Alternate
Wcki ol loman, Secretary
N
(Absent)
Carl Sabatello, Chairman -Elect
(Absent)
Phillip Lyddon
William Mignogna
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Thomas Pastore, Alternate