HomeMy WebLinkAboutMinutes P&Z 042490CITY OF PALM BEACH GARDENS
• PLANNING AND ZONING COMMISSION
APRIL 24, 1990
REGULAR MEETING
The Regular Meeting of the City, of Palm Beach Gardens, Florida, was
cal:led,to order by Acting 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.
Mr. Ornstein asked the Commission for a moment of silence in memory
of the late Commission Chairman Don Vogel.
The roll was called by the secretary, and present were: Jeffrey
Ornstein, Acting Chairman; Domenick Lioce, James Leatherman, Mike
Rosen and Joseph Hamzy, Members; Rebecca Serra and Carl Sabatello,
Alternate Members. Jack White and Alan Strassler were not in
. attendance.
ITEMS BY PLANNING AND ZONING DIRECTOR
Cancellation of May 8, 1990 Planning and Zoning Meeting
Mr x, Bristol S. Ellington, representing the Planning and Zoning
r Department, recommended that the May 8, 1990 meeting be postponed
;because only one project, Starwood, has been scheduled for that
date, The developers of Starwood are waiting until the City
completes its new Environmentally Significant Lands ordinance
before proceeding with their application, Ellington said.
Commission member Domenick Lioce made a motion to cancel the May
X8,;;.1990 Planning and Zoning meeting and postpone hearing the
0
Starwood application until the May 22, 1990 meeting.
Commission member Rebecca Serra seconded the motion.
The motion passed unanimously with a vote of 7 -0.
Mr. Ellington also welcomed Joseph Hamzy as a Member to the
Commission and Carl Sabatello as the new Alternate Member to the
Commission.
ELECTION OF OFFICERS
Election of Chairman and vice Chairman
Due to the untimely death of Chairman Don Vogel, the Planning and
zoning Commission decided to elect new officers for the Chairman
and Vice Chairman.
Mr. Lioce made a motion to confirm Vice Chairman Jeffrey Ornstein
as the new chairman. Commission member Mike Rosen second the
motion. The motion was unanimously approved by a 7 -0 vote.
• Commission member Joseph Hamzy nominated Mr. Rosen as Vice
Chairman, to replace the office vacated by Mr. Ornstein. Ms. Serra
second the nomination. Mr. Rosen was unanimously elected by a 7-
0 vote.
i
Approval of Minutes of Meeting of March 27, 1990
Mr. Hamzy stated that on page 4, line 6 of the March 27, 1990
meeting minutes should read, "a PUD is not a right ..." Mr. Lioce
made a motion to accept the minutes as amended. Mr. Rosen seconded
the motion. The minutes as amended were unanimously approved by
a 7 -0 vote.
Public Hearing: POD -90 -05 - Recommendation to City Council re:
(Hidden Hollow POD) Amendment to Hidden Hollow PUD to expand the
boundaries of the existing POD to incorporate 4.25 acres of
adjacent property (currently under Palm Beach County zoning
designation AR, Agricultural Residential District) and to construct
• an additional 19 units, for a total of 56 semi - custom single-
family residential homes on 12.3 acres (overall density of 4.6
d.u. /acre), located on the south side of Lake Park West Road (a /k /a
• Northlake Blvd.), immediately crest of the Square Lake Subdivision
(23- 428 -438)
Mr. Carl Sabatello stated he had a conflict of interest concerning
this petition since his company is the project's developer and he
would abstain from discussing or voting on this petition. Mr.
James Leatherman stated, for the record, he has sold insurance to
the developer but not for this project.
Mr. Ellington, City Planner, reviewed the petitioner's request for
an amendment to the Hidden Hollow PUD by restating the April 19,
1990 staff report on the project.
Chairman Ornstein and Mr. Lioce questioned the need for barricades
at both ends of the north -south road in Phase II of the project.
Mr. Ellington said the City Engineer and City Forester has
• requested the barricade to act as a buffer and a safety precaution.
Mr. Rosen asked Mr. Ellington if the City Engineer would accept a
"railroad tie type" of guardrail instead of the state Department
of Transportation (DOT) standard barricade. Mr. Ellington
responded that Mr. Rosen could make the railroad tie type of
barricade a condition of approval for the project.
The project's applicant, Ted Sabatello, stated that landscaping
along Lake Park West Road and around the lake will be under common
ownership and be maintained by the homeowners' association.
Individual lot owners will be responsible for the landscaping
buffer on their lots, Sabatello stated. He added that a four -foot
fence will be constructed along the western property line along
Kelso Drive.
• Chairman Ornstein asked who will police the maintenance of the
landscape buffer. Mr. Sabatello stated that the homeowner's
• association has the power to enforce the maintenance of the
landscaping and can place a lien on the home for the cost of the
maintenance. Mr. Lioce said the homeowners' association documents
should include a clause that the City can enforce the maintenance
of the landscaping if the homeowners' association chooses not to
enforce its powers.
Mr. Joseph Hamzy asked Mr. Sabatello if all the proposed houses
will fit on the odd - shaped lots in the project. Mr. Sabatello
stated that the homes will fit all the lots in the project.
Ms. Rebecca Serra encouraged,Mr. Sabatello to use xeriscape as
landscape in the project.
Chairman Ornstein then opened up the Public Hearing for comments
from the public.
• Mr. Aleles of Square Lake Subdivision in Palm Beach County said he
lives across the canal from the project. He asked what the value
of the homes will be in the subject project. Mr. Sabatello said
it will be about $150,000 per unit.
Mr. Rosen made a motion to recommend to City Council for approval
to amend the Hidden Hollow PUD with the staff conditions as
follows:
1. Within the Hidden Hollow Homeowners' Association
Documents, there shall be a provision for:
a. Prior to the C.O. for houses built on lots 38, 45,
and 46, a hedge will be installed within the ten -
foot landscape easement on the north property line.
The means to irrigate this hedge will also be
•
•
•
required.
b. Prior to the C.O. for houses built on lots 46
through 52, a fence and hedge will be installed
along the west property line. The means to irrigate
this hedge will also be required.
C. The maintenance of said hedges will include, but
will not be limited to such items as the required
hedge height at maturity, responsibility for
replacement shrubs, if removed for any reason, and
their ultimate care.
2. The exotic vegetation (i.e., Brazilian Pepper, Malaleuca
and Australian Pine) shall be removed and as much of the
quality (Florida Native) vegetation will remain.
3. If all the trees on any particular lot have to be removed
along the eastern and southern boundaries for canal bank
restoration, a minimum of two tree per adjoining lot
shall be planted along these boundaries.
4. A barricade shall be erected at both ends of the north-
south street in Phase II where the road dead ends.
5. All conditions raised in David Getz's March 19, 1990
letter pertaining to the Paving and Drainage Plans for
Phase I and Phase II shall be resolved prior to final
approval by City Council.
6. The petitioner shall dedicate the required road right-
of-way on the south side of Northlake Boulevard to the
County of Palm Beach within sixty (60) of City Council
approval.
r:
•
•
Mr. Rosen added another condition:
1. In lieu of the DOT standard barricades mentioned in
Condition 14 above, the developer will investigate the
legality of placing railroad ties and native vegetation
in the xeriscape mode as the barricade for the ends of
the north -south street in Phase II.
Mr. Lioce seconded the motion, with the addition of an amendment:
1. The Homeowners' Association documents will feature a
clause which will allow the City to enforce the
maintenance of the landscaping if the Homeowners'
Association does not enforce the maintenance.
Ms. Serra seconded the amendment to the motion.
The amendment to the motion passed unanimously by a vote of 6 -0.
Alternate Member Carl Sabatello abstained from the vote, citing a
conflict of interest since his company is building the proposed
project.
The motion, as amended, was approved unanimously by a vote of 6-
0, with Mr. Sabatello abstaining.
PUBLIC HEARING: CU -90 -01 - Recommendation to City Council re: (The
Snuggery) Conditional Use in the CG -1, General Commercial District,
to upgrade their existing 2COP alcohol beverage license, which
allows the sale /service of beer and wine, to a 4COP license which
will allow for the retail sale /service of beer, wine, and liquor
for on- premise consumption at "The Snuggery," located at 2556 PGA
Blvd., within PGA Plaza. (5- 42S -43E).
Mr. Ellington reviewed the staff report on this petition and, at
the urging of the Commission, explained the differences between
2COP, 4COPSRX and 4COP alcohol licenses.
Mr. Carl Sabatello asked if the existing alcohol license owned by
the Snuggery has ever had any violations. Bernard Kirschner, owner
of the Snuggery, said there has been no violations. He added that
he wishes to upgrade his license to meet competition in the area.
Chairman Ornstein opened the Public Hearing for comments from the
public. There were no comments.
Mr. Leatherman made a motion for the recommendation for approval
with no conditions.
Mr. Lioce second the motion.
The motion passed unanimously by a 7 -0 vote.
PREAPPLICATION REVIEW: PDD -90 -04 - Recommendation to City Council
re: (BallenIsles Clubhouse) BallenIsles Clubhouse PUD to allow for
demolition of existing clubhouse and new construction of clubhouse,
tennis center and fitness center consisting of 106,000± square feet
at JDN Country Club (Parcel 28) (11- 428 -42E) .
Mr. Ellington reviewed the staff report on the petitioner's
request. With Hank Skokowski, agent for the applicant, Mr.
Ellington reviewed the April 24, 1990 letter from Donna Cesaro
is concerning responses to staff comments made during the April 20
Development Review Committee meeting.
Chairman Ornstein said he was not comfortable in discussing
commercial aspects of this projects, since City Attorney William
Brant has determined that commercial was not permitted in the PCD
approval. Since the petitioner has not filed an application for
an amendment to the PCD, the Commission should not waste its time
discussing the commercial aspects of the petition, Ornstein stated.
Mr. Skokowski stated that he believes the interpretation of the PCD
approval is a technicality and that he plans to meet with Mr.
Brant, City Manager John Orr and Mayor Michael Martino to discuss
this matter within the next several weeks.
Mr. Steve Mathison, representing the petitioner, stated he would
•
like to hear the comments of the Commission concerning the
commercial aspects of the project.
Several Commission members stated they liked the idea of a
convenience store in the clubhouse complex as it will capture
automobile trips within the PCD.
Mr. Skokowski said the applicant may proceed with the PUD petition
without the commercial aspects, but with space reserved for such
uses, and then return to the Commission later for approval of the
commercial uses in the clubhouse complex.
Responding to staff and Commission concerns involving the proposed
babysitting services at the health club facility, Ken Blair of
Hansen Properties, the developer of the project, said the intent
of the service is to allow a resident to drop off a child at the
babysitting service for a maximum of two hours while the resident
• participates in one of the activities offered at the clubhouse
complex.
Mr. Lioce asked if the clubhouse services will be available to just
club members or all residents of BallenIsles Country Club. Mr.
Blair stated that all the services, except the convenience store,
will be limited to just the club member.
The clubhouse architect Richard Diedrich of Diedrich Architect and
Associates, Inc. and landscape architect Krent Wieland of Krent
Wieland Design, Inc. made presentations to the Commission.
Mr. Skokowski reviewed the phasing plan for the project, adding
that copies of the phasing plan will be submitted to staff for
review. Responding to a Commission question, Mr. Blair stated
construction of the project will be completed in about 24 months
is
after construction begins.
Mayor Michael Martino, the City Council liaison to the Commission,
said the open lawn in the project's proposed traffic circle vould
be a good spot to consider for placement of an art in public places
feature.
The Commission advised staff to place this petition on the May 22,
1990 meeting agenda for consideration for recommendation to City
Council, if the petitioner can come to an agreement with the City
Attorney and City Manager about the inclusion of commercial uses
in the project.
New Business
Cynthia Brisen, who recently purchased a home in the Siena Oaks,
asked the Commission if the City plans to develop a walkway system
and a town square in the traditional town mode. Mr. Lioce said
• although the City is a suburban community with no planned downtown
area, the City has encourage developers to provide a walkway system
to connect the existing pedestrian system in the City. Mayor
Martino added that the City's Comprehensive Plan calls for
pedestrian system in the City.
There being no further business to discuss, the meeting was
adjourned at 9:55 P.M. The next meeting of the Planning and Zoning
Commission will be held on Tuesday, May 22, 1990.
•
•
0-1,
f1j,
Marty R.A. Minor, Secretary
Domenick Lioc
fl
•
COUNTY$ MUNICIPA
1_4gT NAME —FIRST NAME— MIDDt.E NAME
sAh� CA-f-,
AND 'OTHER LOCAL PUBLIC OFFICERS
NAME OF BQARD, COUNCIL- COMMISSION. AUTHORITY, OR COMMITTE
MAILING- ADDRESS
�'ITl
('01. IN f)
DAIE A�-- HICII VOIt (X'('URRFD
1 +--i , l ;k e>
04 saj
IHt 11IOARD, COUNCIL. COMMISSION, AUTHORITY COMMITT O!.
WHICH II SERVE IS A UNII OF:
('11 Y ll COUNTY OTHER I..0CAI AGENCY
NAML Ot KA ITIC'AL SUBDIVISION:
MY PUSI PION IS:
ELECTIVE API'OINTI
WHO MUST FILE FORM 68
This form is for use by any person sen 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 coni(ict of Itltembi Uudc, xcinni ;12.3;43, Florida Statutes. The requlremenis of this law are mandatory; aiihoui
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by la%
Your responsibilities under the la% %hen faced with a measure in which yo'lu have a conflict of interest will vary greatly dependi+
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, muni:ipal, or other local public office UST ABSTAIN from voting on a measure which inu
to his special private gain. Each local ufficer also is prohibited from knol Mwingly 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 cast, you should disclow 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 .oting; and
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for record;
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 %h
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, %het
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHIZ
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.
• e A copy of the form should be pro%ided 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
I(IK %I Ol M-"
' '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 blefore participating.
• You should complete the form and file it within IS da),s after the vote occurs with the person responsible for recording the minuus
of the meeting, who should incorporate the form in the minutes.
•
DISCLOSURt Of LOCAL OFFICER'S,A1 INTEREST
1, �6'`I I'� ` i� __ , heretry disclose that on L-4 19 90
(a) A sure came or will come before my agcm-3 which (check one)
inured to my special private gain; or
inured t0 the special $airs of
(b) The measure before my agency and the nature of my interest in the
Date Filed ^
measure is as follows:
— 1-1 0
ure
, Ey w". m I am retained
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.3117 (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 OR EMPLOYMENT, DEMOTION, REDUCTION
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $3,000.
E FORM 88 • 10.86