Loading...
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: • • 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 • • &M, ,,�r ^,, ,I k.9A 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 E FORM BB - 10 -86 PAGE 2