HomeMy WebLinkAboutMinutes P&Z 071090CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
JULY 10, 1990
REGULAR MEETING
The Regular Meeting of the City of Palm Beach Gardens, Florida,
was called to order by acting Chairman Mike Rosen, at 7:30 P.M.
in the Assembly Room at the Municipal Complex, 10500 North Mili-
tary Trail, Palm Beach Gardens, FL and opened with the Pledge of
Allegiance to the Flag.
The roll was called by the secretary, and present were: Mike
Rosen, Acting Chairman; James Leatherman, Alan Strassler, Joseph
Hamzy, Members; Carl Sabatello, Alternate Member. Chairman
Jeffrey Ornstein, Domenick Lioce, Rebecca Serra, and Jack White
were not in attendance.
ITEMS BY THE PLANNING AND ZONING DIRECTOR
Mr. Rich Walton, Planning and Zoning Director stated the Techni-
cal Advisory Committee is moving forward with the Land Develop-
ment Regulations. There was a Technical Advisory Committee
meeting on Monday. The City Council Meeting Thursday, July 12,
1990 will be canceled. The Technical Advisory Committee meeting
will be continued on Monday, July 16, 1990.
The City Council has authorized and directed staff to proceed
with three referendums in November for annexation.
APPROVAL OF MINUTES OF JUNE 26, 1990
The minutes of June 26, 1990 were unanimously approved with a
correction to page 6, paragraph 3, sentence 4, to read, "Mr.
Hamzy said he was concerned that 7 feet was not enough buffer
between the house and the perimeter wall." Sentence 5 was
changed to read, "Mr. Hamzy responded by stating that a tree will
is not be able to grow because of the small space between the perim-
eter wall and the building."
PUBLIC HEARING: PUD -90 -10 - Recommendation to City Council re:
(Sandtree) - 5 -year extension of time for completion of 44 re-
maining units within Phases 6 and 7 of the Sandtree PUD, created
• by ordinance 7, 1978. (19- 42S- 43E)(Adv. 6/25/90)
Mr. Bristol Ellington, City Planner, reviewed the petitioner's
request, as stated in the staff report dated 7/5/90. Mr. Elling-
ton stated at the June 26, 1990 Planning and Zoning Commission
meeting, staff indicated that while the landscaping is adequate,
it did not follow the originally approved landscaping plans.
Staff recommended prior to issuing a building permit, the peti-
tioner provide revised landscape plans for both phases consistent
with the current situation. Also at the June 26 meeting, the
Commission requested to see elevations of the townhouses and
pictures.
Mr. Ellington stated there is a remaining balance of impact fees
received numerous time extensions, staff recommends that the
Petitioner pay the remaining balance of $18,800 prior to the
approval of the time extension. Staff recommends approval of
this petition with the following two conditions:
1. Prior to any building permit being issued on phases
six and seven, the Petitioner shall submit landscape
plans for these phases consistent with the current
situation.
2. The Petitioner shall pay the total amount of remaining
impact fees assessed, $18,800, prior to approval of
this request for an extension of time.
Acting Chairman Mike Rosen asked if the Petitioner has been made
aware of the staff's conditions. Mr. Ellington replied they
have.
Mr. Joseph Hamzy asked if the impact fees were to be paid upon
issuance of the building permit, why this was being tied into an
extension. Mr. Walton explained because the Petitioner is again
asking for an extension and no work has taken place since the
due for phases six
and
seven.
There
is a $10,000 balance
for
•
recreation impact
and
$8,800
for road
impacts. Since the
PUD has
received numerous time extensions, staff recommends that the
Petitioner pay the remaining balance of $18,800 prior to the
approval of the time extension. Staff recommends approval of
this petition with the following two conditions:
1. Prior to any building permit being issued on phases
six and seven, the Petitioner shall submit landscape
plans for these phases consistent with the current
situation.
2. The Petitioner shall pay the total amount of remaining
impact fees assessed, $18,800, prior to approval of
this request for an extension of time.
Acting Chairman Mike Rosen asked if the Petitioner has been made
aware of the staff's conditions. Mr. Ellington replied they
have.
Mr. Joseph Hamzy asked if the impact fees were to be paid upon
issuance of the building permit, why this was being tied into an
extension. Mr. Walton explained because the Petitioner is again
asking for an extension and no work has taken place since the
last extension, the outstanding fees are still due.
Mr. Larry Smith, agent for the Petitioner, addressed the Commis-
sion stating they have no problem with the request regarding
revised landscape plans, but they do have a problem with the
impact fees.
Acting Chairman Rosen opened the Public Hearing.
Ms. Marge Enguire, 328 Sandtree Drive, addressed the Commission
and asked for a brief explanation of the request and if the
residents of the possible new units will be members of the home-
owner's association. Rosen stated there is probably provisions
in the original PUD for that.
Acting Chairman Rosen closed the Public Hearing.
Mr. James Leatherman made a motion to recommend approval to the
City Council for the above - referenced petition with the following
• condition:
Prior to any building permits being pulled on the phases
6 and 7, the petitioner shall submit landscape plans for
these phases consistent with the current situation
Mr. Alan Strassler seconded the motion.
Mr. Carl Sabatello amended the motion to include a condition that
states at the time the petitioner comes before the City for
building permits, the petitioner shall pay the recreation and
road impact fees as calculated according to the current formula.
Mr. Joseph Hamzy seconded the amendment to the motion. The
amended motion carried unanimously by a 5 -0 vote.
PUBLIC HEARING: Z -89 -12 - Recommendation to City Council re:
(Caballo Pointe) - Rezoning from Palm Beach County zoning desig-
nation AR /SE, Agricultural Residential with a Special Exception
to allow expansion of existing commercial horse stables, to
Planned Unit Development (PUD) and Site Plan approval for 26
. single - family, zero lot line patio homes (4.8 du's /acre) with
underlying zoning of RS -3, Residential, Single - Family District.
(23- 42S -42E) (Adv. 6/11/90)
Mr. Alan Strassler stated he has a conflict of interest regarding
this petition and will file the appropriate Conflict of Interest
• Form and will not participate in the discussion.
Mr. Ellington presented the staff report, dated July 5, 1990,
stating since the June 26, 1990 meeting, the Petitioner has
revised the site plan. At the June 26, 1990 meeting, the Commis-
sion requested final design of the Northlake buffer wall, en-
trance landscape and sign features and the security gate. The
Petitioner has not provided this information, however, he has
indicated he will provide these details prior to any issuance of
building permits. If the Commission is prepared to recommend
approval to City Council for this petition, staff recommends the
Petitioner provides these details prior to the issuance of any
building permits. Staff recommends approval of this petition
with the following three conditions:
• 1. Final plans for the wall /fence combination, landscape
plans for the common areas, the entry sign and card
gate shall be submitted to the City for review and
approval by subsequent resolution prior to the issuance
of any building permits.
2. The two ficus trees shown to be preserved shall be
preserved in place as reflected on the 7/2/90 site
plan.
3. With the approval of the final plat, the petitioner
shall either construct the left turn lane and right
turn lane facilities on Northlake Boulevard or provide
the bonding to ensure their construction when Northlake
Boulevard is widened.
Mr. Sabatello question the reduction of the setback for the
fiberglass pools from five feet to three feet. Mr. Michael
Houston, agent for the Petitioner, addressed the Commission
stating they have no problem with keeping the setback at five
feet.
Mr. Sabatello stated aesthetically, it may look more appealing to
have the one -story buildings on the corners of the project and
r:
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the two -story buildings in the middle.
Acting Chairman Rosen opened the Public Hearing.
Ms. Tina Camilli, 5255 Travelers Way, Horseshoe Acres, addressed
the Commission by asking how the project will be laid out and if
there would be any two -story buildings on the east side. Mr.
Walton replied there would be no two -story buildings on the east
side. Ms. Camilli also expressed concern as to whether there
would be pools along the wall because of possible sound and
privacy problems. The Commission stated there will be a privacy
wall and shrubbery between this project and Horseshoe Acres. Mr.
Mert Cokley, Lot 149, addressed the Commission expressing concern
regarding maintenance of the canal and the possibility of in-
stalling shrubbery on both sides of the privacy wall.
Mr. Houston stated he needed to check into the problem of mainte-
nance of the canal. Mr. Houston stated the Petitioner is inter-
ested in landscaping the east side of the privacy wall and it
would be maintained and irrigated by the property owners to the
east.
Mr. Sabatello made a motion to recommend approval of the above -
referenced petition to the City Council with the following condi-
tions:
1. Final plans for the wall /fence combination, landscape
plans for the common areas, the wall detail, the entry
sign and card gate shall be submitted to the City for
review and approval by subsequent resolution prior to the
issuance of any building permits. Planting of the tree
line will be done up front and maintained and irrigated
properly. More details on spacing and sizes for the
landscape plans will be provided and pictures and details
of the tot lot.
2. The site plan shall be revised to reflect that on lots 22
and 25, there be a two -story home, and on lots 21, 23, 24
and 26, there be a one -story home.
3. The two ficus trees shown to be preserved shall be pre-
served in place as reflected on the 7/2/90 site plan.
4. The homeowner's association shall maintain the canal
to the south.
• 5. The setback for fiberglass pools or spas shall be changed
from three feet to five feet.
6. With the approval of the final plat, the petitioner shall
either construct the left turn lane and right turn lane
facilities on Northlake Boulevard or provide the bonding
to ensure their construction when Northlake Boulevard is
widened.
Mr. Leatherman seconded the motion. The motion passed with a
vote of 3 to 1. Mr. Alan Strassler abstained and Mr. Hamzy voted
nay.
WORKSHOP: PCD -90 -01 - Recommendation to City Council re: (PGA
National PCD) - Amendment to the PGA National PCD to change an
8.674 -acre parcel from recreation and open land use to residen-
tial (units coming from other parcels but the total not exceeding
the total approved), with a maximum of 15 units per acre (Parcel
M -37); and a concurrent amendment to Condition 14 of the Develop-
ment Order to amend the required number of recreational areas
based on built out projections. (8, 9, 10, 15 & 16- 42S -42E)
Ms. Kim Glas, City Planner, addressed the Commission giving a
• presentation of the staff report dated July 5, 1990. Ms. Glas
stated the Petitioner is requesting the redesignation of an 8.674
acre parcel (M -37) within the PGA National Community and the
amendment of the Master plan to reflect updated densities based
on approved development projects. The Petitioner is also re-
questing the modification of Condition 14 of the Development
Order (Resolution 43, 1978 as amended by Resolution 36, 1985) to
amend the required number off recreation areas based on built out
projections. Acting Chairman Rosen asked Hank Skokowski, the
agent, to provide the original plan for PGA National PCD. The
Commission directed the Petitioner to return for either a recom-
mendation to City Council on July 24, 1990, or a Public Hearing
on August 14, 1990, dependent on a determination from City Attor-
• ney Bill Brant.
WORKSHOP: PUD -90 -12 - Recommendation to City Council re:
(Oakpark Office Park) - Request for a 5 -year extension of time
(to September 19, 1995) for the completion of phase II of the
oakpark Office Park Planned Unit Development, created by Ordi-
nance 18, 1981, to construct the remaining 17,172 sq. ft. of the
69,346 sq. ft. approved office space. This property is located,
in general, on the west side of Prosperity Farms Road, and south
side of PGA Blvd. (5- 42S -43E)
Mr. Strassler stated he has a conflict of interest with this
petition and he has spoken to the City Attorney regarding the
appropriateness of his making the presentation. The City Attor-
ney stated Mr. Strassler can make the presentation providing he
declares the conflict in final form.
Mr. Ellington presented the staff report dated July 5, 1990. Mr.
Ellington explained the concerns of the City Forester Mark Hen-
drickson as follows:
1. The plan shows saving
as the south and west
this be removed and a
• and reviewed by the c
first building permit
granted.
the existing Australian Pine stand
buffer. Mr. Hendrickson requests
new buffer strip plan be submitted
ity prior to the issuance of the
or land alteration permit being
2. Mr. Hendrickson would like to see a detailed landscape
plan for phase II submitted and reviewed by the city
prior to the issuance of the first building permit or
land alteration permit being granted.
3. Mr. Hendrickson stated there are gopher tortoise popul-
ations located on phase II and would recommend that the
Petitioner follow the Florida Freshwater Fish and Game
Commission standards.
Mr. Sabatello asked if all the impact fees have been paid up -to-
date for this project. Mr. Ellington stated he would be able to
answer that question at the next meeting.
Mr. Alan Strassler, agent for the Petitioner, addressed the
Commission stating this site plan has remained the same since
1981. Mr. Strassler stated there may or may not be gopher tor-
toises on site. Mr. Strassler further stated there would be no
problem with relocating tortoises if there are some on the site.
The Commission directed the petitioner to return for a public
hearing on July 24, 1990 and provide the distance between the
• proposed building and the existing residences to the west.
Additionally, the Commission requested staff to determine whether
there are any remaining impact fees for this development.
There being no further business to discuss, the meeting was
adjourned at 9:30 P.M. The next meeting of the Planning and
Zoning Commission will be held on Tuesday, July 24, 1990 at 7:30
U M
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GISELE FOSTER, SECRETARY
.FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
6VNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME -FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
City of Palm Beach Gardens
Strassler, Alan M. Planning & Zoning Commission
AILING .ADDRESS THE BOARD, COUNCIL., COMMISSION, AUTHORITY, OR COMMITTEE ON
X95 N. Military Trail, Suite 201D WHICH I SERVE IS A UNIT OF:
CI IV XX . COUNTY ' OTHER LOCAL AGENCY
CITY COUNTY
Palm Beach Gardens Palm Beach
DATE ON WHICH VOIE OCCURRED
7/10/90 and. 7/24/90
NAML OI• POLITICAL SUBDIVISION:
City of Palm Beach Gardens
MY POSI i ION IS:
.: ELECiIVE APPOINTIVE XX
WHO MUST FILE FORM 88
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 Section 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 form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
SECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
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 on
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 recording
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 which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
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 must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
'IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
cording 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 interest.
I hK %l NB III-N6 PAGE 1
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 15 days after the vote occurs with the person responsible for recording the minutes
iof the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Alan M. Strassler hereby disclose that on 7/10 and 7/24 19 90
(a) A measure came or will come before my agency which (check one)
— inured to my special private gain-, or
xx inured to the special gain of Ivan C_ Frederickson Jr. , by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
I am the Agent for Mr. Ivan C. Frederickson Jr. and represent him in
his request for a time extension to an existing Planned Unit Development
LJ
_ / d
D to F ed
l� —
Signature
DOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (19135), A FAILURE TO MAKE ANY REQUIRED
ISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
J
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