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HomeMy WebLinkAboutMinutes P&Z 082493CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION AUGUST 24, 1993 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 and present were: Chairman Jeffrey Ornstein, Members Alan Strassler, Carl Sabatello, and Domenick Lioce. Absent were Vice Chairman Joseph Hamzy, Phillip Lyddon, Daniel Honig, and Alternate Member Diane Carlino. Also present were Council Liaison David Clark and City Attorney George Baldwin. `• ITEMS BY PLANNING AND ZONING DIRECTOR: Mr. Richard Walton, Director, Planning and Zoning Department, announced the North County Planning Forum would be held on August 26, 27, and 28, 1993, at the Marriott Hotel on Palm Beach Lakes Boulevard if anyone wished to attend. PLANNING AND ZONING COMMISSION PUBLIC HEARING: Petition Z- 92 -03, by Timothy Hernandez, agent for Pulte Homes, Contract Purchaser, to rezone a 80.13 -acre site from the Palm Beach County zoning designation of AR, Agricultural Residential to the City's designation of PUD, Planned Unit Development and site plan approval for the construction of 184 single - family detached and zero lot -line residential homes. This site is located approximately 1,350 feet west of Prosperity Farms Road, immediately west of Crystal Point residential subdivision. (29 -41S- 43E) Mr. Bristol Ellington reviewed the August 19, 1993, staff report for the above referenced petition. .• Mr. Ellington stated staff is awaiting response from the County concerning the outcome of Minutes - Planning & Zoning Commission Meeting Page 2 • August 24, 1993 a meeting between the Petitioner and County Engineering as to the ultimate alignment of Flamingo Road. He also stated the petitioner indicated trees would be planted along the right -of -way, subject to Palm Beach County approval; and he also stated City staff would like to have confirmation of that prior to project approval. Mr. Ellington noted that condition #5 would be deleted since the School Board's condition of zoning approval had been satisfied. Mr. Ornstein inquired if the requested photographs of the homes had been received, and Mr. Ellington stated the petitioner had been requested to present the photos at the meeting. Regarding Flamingo Road, Mr. Ornstein asked what impact the change in the road would • have on the project. Mr. Ellington stated there had been questions as to who would maintain, design and landscape the right of way, and it was his understanding this remained to be resolved since it was outside the jurisdiction of the City. Mr. Ornstein inquired if the petitioner indicated off -site improvements on the plans, would the County ensure that they are completed, and Mr. Ellington stated that was his understanding. Mr. Walton stated there had been several meetings in which Commissioner Marcus indicated she wanted all landscaping shown on the plans as a matter of record. Discussion ensued concerning the alignment of Flamingo Road, and Mr. Tim Hernandez displayed a drawing of the proposed alignment. Mr. Hernandez stated there had been • meetings with various individuals and agencies, with the outcome being that the petitioner Minutes - Planning & Zoning Commission Meeting Page 3 • August 24, 1993 had agreed to have a drawing showing the alternate alignment which had been delivered to the County for their review and approval. He also stated that any unused, previously dedicated roadway would be deeded back to the lots of the adjacent property owners. Mr. Hernandez further responded to questions concerning the maintenance of the road right -of- way. Mr. Walton stated the County has a policy that County rights -of -way which are located within cities are automatically under the jurisdiction of the cities and are landscaped according to the cities' standards. Mr. Ornstein stated, if Flamingo Road becomes a City road, he believed there should be • more in the way of landscaping (not just grass) along the road adjacent to Crystal Point. Mr. Hernandez responded they would do whatever the governing agency requires. Mr. Strassler commented the landscape plan as presented would be very nice with the laurel oaks on both sides of the road. Mr. Ornstein stated the petitioner needed to resolve the issue with the County as to whether or not the road would become a City road. If it does become a City road, he continued, the petitioner would need to work out a landscape plan with the City Forester. He stated a vote would not take place until the County had signed off on the project. Mr. Ornstein further stated he believed the whole landscape plan for the road needed to be resolved if it becomes a city road. He also stated since the County does not usually allow trees to be • planted in the rights of way, the Commission would, therefore, need to see this approval in Minutes - Planning & Zoning Commission Meeting Page 4 • August 24, 1993 • writing. Regarding site plan approval, Mr. Lioce inquired if the Planning and Zoning Commission controls landscaping which is on County property. It was the consensus of staff and the Commission that this had been done on other projects. Mr. Hernandez stated that at first he was not required to show the landscaping of the road on the plan, but they had voluntarily provided all the information. In fact, he said, in the beginning they were told to remove the landscaping from the plan since it was a County road, and the City had no jurisdiction. Mr. Walton stated, whether the road is County or City, they need to see a final plan which will go to the City Engineer for approval. Discussion continued among the petitioner, staff, and the Commissioners concerning the landscaping. Mr. Walton stated there were a number of unresolved issues such as landscaping, irrigation, whether the areas would be given to other property owners, and how those areas would be landscaped and maintained. He said the drawing had only been received that day with no details or narrative, no sign -off from the County, and no review whatsoever from the City Forester or the City Engineer. Mr. Ornstein stated the County has an ordinance which basically says that any road in the City belongs to the City, and discussion ensued concerning the status of various other roads. Mr. Ornstein further stated that before the City can make a determination on this project a statement is needed from the County Engineer as to what would be acceptable. Mr. Ornstein asked if photographs had been provided, and the petitioner stated there are Minutes - Planning & Zoning Commission Meeting • August 24, 1993 Page 5 no photographs of houses with windows in the side walls since they do not exist at this time. Instead, revised artists drawings and elevation plans were displayed which showed how the final elevations would appear. Mr. Ornstein inquired if the colors of the zero -lot -line homes would all be same, and the petitioner responded that typically more expensive homes were monochromatic. Mr. Ornstein stated he still believed homes all the same color did not look good. In response to a question from Mr. Ornstein, Mr. Hernandez stated the prices of the homes would range from approximately $130,000 to $160,000, plus $10- 20,000 for options. Concerning the width of the sidewalks, Mr. Ornstein asked how a 4 -foot width had been • decided on, and Mr. Walton responded that this was discussed and a decision was made at the previous meeting. Mr. Ornstein stated, however, in his opinion, he believed the sidewalks should be five feet wide. Mr. Lioce stated he agreed with Mr. Sabatello's opinion that in a small subdivision such as this there should be more grass than pavement. Mr. Strassler mentioned that horizontal trim had been added to the homes which helped the appearance immensely. Mr. Sabatello commented on the size of the viburnum hedges, and discussion ensued concerning the size and merits of the hedge. Mr. Ornstein declared the Public Hearing open. Mr. Sheldon Haas of Crystal Point stated he had attended several meetings with the • developer and the County and the City. He stated he thought the development will become Minutes - Planning & Zoning Commission Meeting Page 6 . August 24, 1993 an asset to the community. He stated he had several concerns, however, such as the entrance to the development. He said he thought the Hood Road issue was resolved by the County several years ago when it was re- routed along the southern boundary of the land. In addition, he stated, there needs to be access from Crystal Point from Prosperity Farms Road, past Crystal Point, past Frenchman's Landing into the new community. He further stated one of the problems they had in Crystal Point when they took over from the developer was the lack of street lights on their main road. He stated it took their development two years to obtain the street lights at a cost of $20,000. He stated this was an issue that needed to be addressed concerning Flamingo Road. • Mr. Ornstein responded that until the Commission knows what the County plans to do concerning the maintenance of the road, there is not much that can be done. He stated if it becomes a City road, then the matters of lighting, landscaping, drainage, etc. would be discussed. In response to a question from Chairman Ornstein, Mr. Haas stated he was in favor of the project. Mr. Ornstein stated the Public Hearing for Petition Z -92 -03 would be continued to the next meeting scheduled for September 14, 1993. • Minutes - Planning & Zoning Commission Meeting • August 24, 1993 WORKSHOP Page 7 WORKSHOP: Petition CU- 93 -05, by George Kelly, General Partner of Burns Road Associates, Ltd., for Conditional Use approval for a security apartment at the Palm Beach Gardens Business Park. Located on the north side of Burns Road immediately west of Interstate 95. (12- 42S -42E) WORKSHOP: Petition Z- 92 -04, by Scott Bennewitz, agent for M/I Homes, Contract Purchaser, to rezone a 56 -acre site from the Palm Beach County zoning designation of AR, Agricultural Residential to the City's designation of PUD, Planned Unit Development and site plan approval for the construction of 185 single - family detached and zero lot -line residential homes. This site is located a quarter of a mile north of PGA Boulevard on the east side of Central Boulevard. (2- 42S -42E) Chairman Jeffrey Ornstein stated Mr. Domenick Lioce had conflicts of interest with the two items above which were scheduled for Workshop. Because of these conflicts of interest, Mr. • Lioce had to step down, which resulted in the lack of a quorum for both of these projects. The projects were, therefore, rescheduled to be heard at the September 14, 1993, Planning and Zoning Commission meeting. • Minutes - Planning & Zoning Commission Meeting Aug -ust 2t, 1993 ADJOURNMENT: Page 8 There being no further business, the meeting was adjourned at 8:30 p.m. The next meeting will be held September 14, 1993. Alan Strassler (Absent) Diane Carlino (Absent) Phillip Lyddon Ja Holloman, Secretary Carl batello (Absent) Daniel Honig 'ORiVi ...,8B MEMORANDUM OF VOTING CON Li OT FOR BOUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ,.AST NAME- FIRST 'NAML'- MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTH``q,RITY, OR COMMITTEI PN - Vv 6 'Z� iAlZ, t. 1n,_z) pn AILINC. ADDRESS IHE BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE 15 A UNIT OF: C'I!- COUNTY OTHER LOC'At AGENCY C1rl ")(IN r) NAML JE FUl ITICAI SUBDIVISION: p✓m° grvze ✓y� � � L S /7' GIO� DATE ON W'HIC'H VOIt 0(VURREU MY YUSt 1'iON 11: 1 I � ­f-' 93 -- - ELECTIVE NPOINTIV) WHO MUST FILE FORM 61111 This form is for use by any person serving at the county, city, or other local level of government. on an appointed or elected board council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presentee with a voting conflict of interest under Section .112,3.143, Florida Statutes. The requirements of this law are mandatory; althougl 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 Porn before completing the reverse side and filing the form. is 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 inure to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the specie 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 o which you are abstaining from voting; and WITHIN 1.5 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordin 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 whic inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to th 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.connict before making any attempt to influence the decision by oral or written communication, whethe made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICI THE VOTE WILL BE TAKEN: • • You should complete and file this form (before making any attempt to influence the decision) with the person responsible fc 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 interes I e„t�I xH, In.xa If YOU MAKE NO ATTEWT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: J • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes • of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFI.CEWS INTEREST 1, 1) /m °') , hereby disclose that on _ 7s °� 19 93: (a) A measure came or will come before my agency which (check one) inured to my special private gain; or % s inured. to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed P/ VL41n G , by whom 1 am retained. •NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIREC DISCLOSURE CONSTITUTES GROUNDS FOR. AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION II` SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. E FORM t!8 • IU -Bb PA' _°VKM - VOUNTY, MUNICIPAL, AND OTHER, LOCAL PUBLIC OFFICERS I.A% NAME -FIRST NAME-ml OI1t.E N T E NA E OF BOARD, COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEI L'-0 NJV)A-G t Z--01V,A1-1 NAILING ADDRESS 1'HE BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIi OF: /-,Y\ Cl .0 k9_ (El 11) COUNTY OTHERt(X'At AGENCY i'ITl l'OUNfI NAML PUl ITIC'Al. SUBUIVISION• UAiE ON %' H I MY PUSII -ION IS: ELECtIVE . /APPOINT[ 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 boarc 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 mider.Sec•tion 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 fort 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 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 ol• your interest in the measure c 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 recordit 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 whir inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to t] 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 me 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. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WH1C THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible I recording the minutes of the meeting, who will incorporate the form in the minutes. 46 • 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 Were I(IIINI 148 lll." 1 '"11F.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 Tile it within 15 days after the vote occurs with the person responsible for recording the minute of the meeting, who should incorporate the form in the minutes. 46 DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, �C�M L!'-/vIcK- f - ' 10 C9-- __ , hereby disclose that on (a) A measure came or will come before my agency which (check one) , 19.1 ?_ inured to my special private gain; or 10 y� inured to the special gain of d? _! ►_? LT _ , by whom I am reWnec (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed Q1gnaiurc 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 FOLLOWD IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE Ok EMPLOYMENT. DEMOTION. REDUCTION SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5.000. E FORM 89 • 10.86 FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL. AND OTHER LOCAL PUBLIC OFFICERS 1.AST FiAME -FIRST NAME�MID011 NAME/ 0�ee2r IJQ'l:Cll� MAILING ADDRESS • � `i�rti� T� Cr ��� i'ITIP UA1E ON WHICH VOIF (WCURRED 'a L- -.9 3 NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE a p(/¢'9IVl A'6 -,- (�ym) 55kdt t'HE BOARD, COUNCIL. COM SION, AU'rHORITY, OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: ut- COUNTY OTHER LOCAL AGENCY ('l)UNr) NA PL OF PUL ITIC'AL SUBDIVISION: p,14, �) 1A,* GAML ,,_� MY PUSIIION IS: ELECTIVE APPOINTIV WHO MUST FILE FORM aB This form is for use by any.person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Sectioo 112.3143, Florida Statutes. The requirements of this law are mandatory; although 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 depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this forrr 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 inure to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the specia 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 o 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 recordin 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 whic inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to th 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, %hethi made by the officer or at his direction. lF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHIG THE VOTE WILL BE TAKEN: • You should complete and file this form (bet -ore 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 intere<. 1(DAM KB I1I-96 � �� ;; ._ r j, IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: Ll 0' You should disclose orally the nature of your conflict in the measure before participating. You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S WRIZESST 1, � ` �"� C� —___ , 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 �%��?_� L �' _ , by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: LD If J ? � A2 � 7 61 Date Filed 1 ml/ 7 5lgnature •NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIREI DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION D SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. E FORM 86 • 10.86 PA