HomeMy WebLinkAboutMinutes P&Z 122292r
f
` CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
DECEMBER 22, 1992
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, Vice
Chairman Joseph Hamzy, Alan Strassler, Carl Sabatello, James Leatherman, Members;
Diane Carlino and Dan Shalloway, Alternate Members. Domenick Lioce, Member, was not
in attendance.
APPROVAL OF MINUTES OF MEETINGS OF NOVEMBER 24, 1992
AND DECEMBER 8, 1992
Mr. Joseph Hamzy made a motion to approve the minutes of the November 24, 1992 and
December 8, 1992 Planning and Zoning Commission meetings.
Ms. Diane Carlino seconded the motion.
The motion was approved by a 4 -0 vote, with Mr. Alan Strassler, Mr. James Leatherman
and Mr. Dan Shalloway abstaining.
RECOMMENDATION TO CITY COUNCIL RE: PUD -92 -22 - Amending the Ballenisles
Parcel 18 Planned Unit Development, created by Resolution 150, 1990 and amended by
Resolution 68, 1992, to replace 52 single - family detached custom homes with 106 single -
family attached homes (duplex units). (11- 42S -42E)
Mr. Marty R.A: Minor, Planning Technician, reviewed the December 17, 1992 staff report
of the above- referenced petition. He also distributed a new list of proposed conditions of
1
approval and City Forester Mark Hendrickson's comments on the project to the
• Commission. Mr. Minor also presented slides of a similar project in the Garden Oaks
subdivision in Palm Beach County.
Chairman Ornstein stated that he has a problem with condition #4 and #5 of the list of
proposed conditions of approval. He said that under the proposed conditions, the units
under construction will be seen from BallenIsles Drive.
Mr, Hamzy asked which department in the City requests emergency accesses. Mr. Minor
said the Fire Department. Mr. Hamzy asked, what was the reasoning behind the request.
Mr. Minor said the emergency access was requested in case the primary access was blocked
by an accident. Mr. Hamzy said he does not believe an accident would totally block a
divided entrance. He added that he does not believe the access should create an opening
the landscape strip the Commission is requesting.
• Mr. Rich Walton, Planning Director, said that staff will get back with the Fire Department
to reexamine the issue.
Mr. Alan Strassler said he has driven through Garden Oaks and the slides indicate the
claustrophobic nature of the development. He asked what representations were made
concerning quality when the City approved the BallenIsles Planned Community
Development. Mr. Walton responded that there was no condition of approval concerning
the quality but there was a lot of discussion about the quality of the development.
Mr. James Leatherman asked for how much the units will be sold.
Mr. Hank Skokowski, agent for the petitioner, said the units will be sold for $170,000 to
$200,000.
• 2
Mr. Skokowski made a presentation for the project. He said BallenIsles has always intended
• to be a high-quality development, with a variety of price ranges and densities. Mr.
Skokowski said the proposed units are comparable to the Garden Oaks units, but there has
been a substantial upgrade for the proposed units. He reviewed the conditions of approval
proposed by the petitioner. Mr. Skokowski said the petitioner is proposing three different
roof treatments for the project.
Chairman Ornstein questioned the petitioner's desire to place different roof treatments
within the same duplex building. He suggested that the petitioner provide the same roof
treatment for each unit within a duplex building, so it may look like a large single - family
home. He added that the next duplex building should have a different roof type.
Mr. Skokowski said the petitioner is not trying to fool anyone that the units are not
duplexes.
is In response to Chairman Ornstein comments on the perimeter landscaping, Mr. Skokowski
said he would like to follow the original condition because it will shield the houses under
construction and be financially feasible. He added that the southern buffer, along The Hunt
Club boundary, will be installed prior to the first building permit. He added that he would
like to install each street tree with the construction of each duplex building.
Mr. Strassler said those who drive through the development will see a dense mass of
housing. He said the palms will not provide the screening for the buildings. Mr. Strassler
said he agreed that each duplex building should have the same roof type. He added that
the petitioner has a tough front elevation to work with. He said he does not like the
projects because he does not like the units. Mr. Strassler said he did not like the screen
• 3
enclosures at the end of the alley between duplex buildings. He added that even if the
• petitioner upgraded the unit, it is still not the type of quality the City expects.
Mr. Leatherman asked if the screen enclosures were mandatory. Mr. Skokowski said they
were. He added that if the unit is on a rectangular lot, the screen will affix to the top of
the privacy wall. If the lot is skewed and if there is enough space, the screen will be at least
five feet away from the wall. If the lot is slightly skewed, the screen will be modified to
attach to the top of the wall, Mr. Skokowski said.
Mr. Leatherman said he believes the petitioner is squeezing in too much development into
the project. He said this is not in keeping with what BallenIsles looks like.
Mr. Sabatello questioned the lot landscaping. He suggested the clustering of palms. Mr.
Sabatello also suggested that if coconut palms are not available for use, then the trees be
replaced with two queen palms.
• Mr. Sabatello suggested that the petitioner place a hedge around the rear of the screen
enclosure. Mr. Nader Salour, the petitioner, agreed to the hedge.
Mr. Sabatello suggested that the staggering of setbacks for buildings be conducted in pairs.
Mr. Skokowski said he would review Mr. Sabatello's suggestion and see if it constricts any
lots on the plan.
Mr. Sabatello asked when the cul -de -sacs would be landscaped. Mr. Salour said he would
accept a condition that the cul -de -sac would be landscaped at the same time as the adjacent
buffer.
Mr. Sabatello wanted to see the spacing of the landscaping on each lot. The landscape
architect for the petitioner agreed. She said shrubs are usually 24" on center and
0 4
groundcover at 12" on center.
• Mr. Sabatello asked if a homeowner would be allowed to build a large screen enclosure.
Mr. Salour said the screen enclosures will have the same lengths.
Ms. Carlino said the draft Landscape Code requires shade street trees. Mr. Skokowski said
it would be a mistake to prohibit palm street trees. Mr. Walton said palm street trees are
allowed in addition to the shade street trees. Mr. Walton added that Parcel 11, which is
next to Parcel 18, in BallenIsles is proposed to have shade street trees.
Referring to the conditions of approval found in the staff report, Mr. Hamzy suggested that
condition #5 be eliminated. He also suggested that condition #6 be combined with
condition #4 so both the southern buffer and the perimeter buffer can be installed prior to
the issuance of the first residential structure permit.
Mr. Hamzy said the front setback should be staggered more than three feet. He added that
• he does not have the same concern as Chairman Ornstein and Mr. Strassler about having
the same roof type on a duplex building. However, he does not believe that providing a
Boston hip roof on each building will add variety to the project, Mr. Hamzy said.
Mr. Hamzy suggested that adjacent buildings be painted a different color. He also
suggested that the emergency access be eliminated. He added that all screen enclosures be
hedged. Mr. Hamzy said that at the last Commission meeting he suggested that the
petitioner enhance the perimeter landscaping in order to allow the project "to suffer its
aesthetic problems" within itself rather than impact other developments. He added that the
petitioner has provided an adequate perimeter buffer.
Mr. Hamzy said he has had problems with the plan and the combination of units and
5
whether it would sell. He said he believed it was developer's problem whether it would sell.
However, he added that the streetscape is horrendous. Mr. Hamzy said he has a problem
with a line of units with both front - loaded garages. He said his feelings are that internally
the project does not work, but the petitioner has buffered it well.
Mr. Shalloway said this project is allowed to have up to 8 units per acre density. He said
he is trying to think what would be better than this at 8 units per acre.
Mr. Strassler said he is not judging the community on that basis. He said he is judging it
on his feeling on what the streetscape and this community will feel like regardless of the
density.
Mr. Shalloway said this project might have been easier to swallow if this project was
presented before the half - million dollar homes were constructed in BallenIsles.
Mr. Hamzy said that is not the issue. He said the issue is the streetscape. He added that
because of the greenspace and lakes, the houses are forced into narrow lots. Mr. Hamzy
said you will be looking at a lot of garage doors along the streetscape. He said it was a
design not a density function.
Mr. Shalloway said its a marketing decision that people like the larger unit crammed onto
smaller lots. He said if the units were smaller the project would look nice along the street.
Mr. Hamzy said the petitioner could eliminate one or two lots and be able to break up the
string of garage doors in the streetscape.
Mr. Strassler said it was the developer decision to come in with 106 units on lot widths
which is about 15 feet fewer than what is permitted by City Codes. He said the petitioner
could have built less units and have a more open site plan.
• 6
Chairman Ornstein said he does not like the project at all. He said he does not believe that
•this it the type of project the City envisioned for Ba1lenIsles.
Mr. Skokowski said this will not be permanent housing, but it is geared for a seasonal
market. Chairman Ornstein said he does not see a difference between the quality of
housing between a permanent and seasonal housing.
Mr. Strassler made a motion to recommend to City Council denial of the above - referenced
project.
Mr. Leatherman seconded the motion.
Mr. Hamzy said the recommendation for denial should include the constructive comments
the Commission has made.
Mr. Strassler said there is a sufficient record of the praises for the developer's efforts by the
Commission. He said his reasons for recommending denial is aesthetics and that the project
has an inferior streetscape, which is inherent in the type of units being proposed. Mr.
Strassler said if there were fewer units built, more side - loaded garages and more staggering
of front setbacks, the project could be approvable in his mind.
Mr. Hamzy said if this project goes to City Council and the Council considers approval, he
would like Council to have some of the Commission's comments.
Mr. Strassler said it would be acceptable to him to amend his motion to include the
conditions proposed by Mr. Hamzy in his motion.
Mr. Skokowski said he has no problem with the minutes of this meeting and the constructive
recommendations made by certain Commission members being forwarded to City Council.
He said he doubted whether some comments made by individual Commission members is
• 7
actually the consensus of the Commission.
r
• Mr. Sabatello said that is not the way to send a recommendation to City Council.
Mr. Strassler asked the petitioner if they would want the project to go forward with a
possible recommendation for denial or to come back to the Commission with plan revisions.
Ms. Carlino said the Commission should consider a recommendation of approval with the
conditions of approval the Commission would like to see.
Mr. Hamzy made a motion for an amendment to the motion. The proposed amendment
stated that if the City Council decides to approve this project that the Council consider the
following conditions:
1. Prior to the issuance of the first Building Permit, the Petitioner shall furnish the
Building Official with a copy of a Permit issued by Northern Palm Beach County
Water Control District and approved by the City Engineer.
• 2. Prior to the issuance of the first Building Permit, the Lighting Plan shall be reviewed
and approved by the Police Department.
3. Buffer C, which is the parcel's southern buffer, and the perimeter and common area
landscaping shall be installed no less than thirty (30) days prior to the issuance of the
first residential structure permit in accordance with the Planned Community district
condition.
4. All screen enclosures shall provide a screen door access accessible from the street.
5. The 6 -foot high wall along the non -zero lot lines shall extend to he rear of the
adjacent screen enclosures.
6. The site plan shall be revised to reflect a 6 -foot high wall along the non -zero
8
_ property lines of Lots 58 and 59, adjacent to BallenIsles Drive.
•7. The petitioner shall return to the City for review and approval of the location and
elevation of the entry signage.
8. No more than two adjacent duplex buildings shall have the same front setback.
Setback variations shall be a minimum of 4 feet. This condition shall not be
applicable to Lots 9 through 32.
9. No adjacent duplex buildings shall be painted the same color.
10. A minimum of 31 units (29 %) shall be constructed with side - loaded garages.
11. No more than two adjacent duplex building elevations shall have the same front
elevation.
12. The emergency access at the cul -de -sac shall be eliminated. The perimeter
landscaping and wall shall be extend to cover the former emergency access.
• 13. All screen enclosures shall be hedged.
14. A maximum of five adjacent units can occur with front - loaded garages.
Mr. Shalloway seconded the amendment.
Mr. Sabatello suggested that two adjacent duplex buildings should have the same front
setback. He wondered if another condition is needed for the timing of the installation of
the cul -de -sac landscaping. Chairman Ornstein and Mr. Hamzy said that the cul -de -sacs are
common areas.
Mr. Sabatello proposed an amendment to the amendment to the motion that: any
replacement of coconut palms shall be made with two queen palms; and, shrubbery should
be no more than 24" on center and groundcover no more than 12" on center.
• 9
_ There was no second to Mr. Sabatello's amendment and the amendment died.
• The amendment proposed by Mr. Hamzy to the motion was approved by a 7 -0 vote.
The motion, as amended, to recommend denial of the project was approved by a 4 -3 vote,
with Dan Shalloway, Diane Carlino and Joseph Hamzy opposing.
Mr. Walton said that when the City Council sees the 4 -3 vote, it may assume that three
people supported the project. Mr. Walton asked if this was what he should let them believe.
Mr. Hamzy said that he shouldn't let Council believe that.
Mr. Hamzy said he believed that the petitioner should resubmit the petition to the Planning
and Zoning Department for further work - taking into consideration all the comments made
by the Commission. He said by eliminating as few as two units the petitioner could resolve
the problems.
Ms. Carlino and Mr. Shalloway said they believe the petitioner has responded to everything
• that the Commission has requested.
Responding to a question from Mr. Skokowski, Mr. Hamzy said he could support the project
if the petitioner would eliminate units to improve the streetscape.
Mr. Strassler said Mr. Hamzy should visit Garden Oaks. He said it is not a great front
facade and a side - loaded garage does not save the project.
NEW BUSINESS
Mr. Sabatello expressed his concern about the major right -of -ways in the City. He said a
beautification plan is needed for the right -of -ways.
Mr. Shalloway said the Commission needs to take a more proactive stance in planning in
the City. He added that the vehicle to do this is by drafting an annual report for City
• 10
_ Council. A general discussion concerning right -of -way beautification and the Commission's
•planning abilities ensued with Mayor Michael Martino.
1]
ADJOURNMENT
There being nothing further to come before the Commission, the meeting was adjourned
at 10:00 P.M. The next meeting will be held on January 12, 1993.
J ffrey Orns
Z
Ala sler
Diane Carlino
Marty R.A.-Minor, Secretary
• 11
(0 -
Carl S ello