HomeMy WebLinkAboutMinutes P&Z 102390• CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
OCTOBER 23, 1990
MINUTES
The Regular Meeting of the City of Palm Beach Gardens, Florida, was called to order
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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 Mike Rosen; Alan Strassler, James Leatherman, Joseph Hamzy, Members; Carl
Sabatello, Alternate Member. Jack White, Domenick Lioce and Rebecca Serra were
not in attendance.
ITEMS BY THE PLANNING AND ZONING DIRECTOR
Planning and Zoning Director Rich Walton expressed staffs concerns involving
BallenIsles (JDM) Country Club Parcel 18, which is on the Commission's agenda, and
Parcel 11, which is seeking to be placed on this meeting's agenda. He said that not all
of the BallenIsles Country Club Planned Community Development's (PCD) conditions of
approval are currently in compliance. Mr. Walton said there is no approved master
drainage plan. He added that, per the Northern t alm_ Beach County Water Control
District, the bond money made available for the Phases I ,improvements has been spent
and no funds are yet., available for Phase II improvements. The proposed. Parcel 11 and
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18 developments aT ,Jgcated within Phase II of: the -PCD. He added that City Engineer
David Getz has so*e;e `,trong concerns involving the drainage control structures on the
site.
Chairman Ornstein, said, that''if he understood Mr. Walton, then the-'project does not
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is have the money to build the infrastructure. Mr. Walton said the money is not currently
available from the bond issue. The Planning and Zoning Commission decided that these
issues were not its concern and would let the City Council decide on this matter.
APPROVAL OF MINUTES OF MEETING OF OCTOBER 9, 1990
Mr. James Leatherman stated that he was mistakenly left off the list of Commission
members present at the October 9, 1990 meeting. Chairman Ornstein directed the
secretary to make the correction.
Mr. Leatherman moved to approve the minutes, as corrected.
Mr. Mike Rosen seconded the motion.
The minutes were unanimously approved by a 6 -0 vote.
SITE PLAN AND APPEARANCE REVIEW
• SP -90 -12 - Final Site Plan Review to convert the former Maggie's Saloon (6,944 square
feet) to a fruit and vegetable market located on the north side of Northlake Blvd. and
east of Roan Lane. (18- 42S -43E)
Mr. Bristol Ellington, City Planner, presented the staff report, dated October 18, 1990.
He added that staff would like to have the 15' landscape buffer to be shown on the
revised site plan. Mr. Ellington said City Attorney Bill Brant stated that City ordinances
require the 15' landscape buffer instead of the existing 5' because the building had been
abandoned for longer than six months.
Mr. Sabatello questioned whether there was any exceptions to the code requirement for
15' landscape buffers. Mr. Ellington said the petitioner can appeal the decision to City
Council.
Petitioner Anthony Scalisi said he feels penalized for trying to improve the site. He
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added that he has lost more than 20 parking spaces already and he does not want to lose
11 more spaces by providing the 15' landscape buffer. He said he understands the code
requirements that abandoned buildings must meet current City standards when renovated.
However, he added that he does not believe the building was truly abandoned. It has
just been vacant.
Chairman Ornstein said the Commission can not provide a variance to the code. He
added that the majority of the board prefers the site to provide the 15' landscape buffer.
He said the petitioner lost a lot of parking spaces with the oversized loading zone.
Mr. Alan Strassler said the Commission has tried to improve Northlake Boulevard by
requiring the 15' buffer on the last six to eight projects.
Following a policy that states the Commission can not approve a project until the site
plan reflects the Commission's approval, Chairman Ornstein said the petitioner will have
to come back at the next meeting and submit a new plan.
Mr. Scalisi said he had a set of plans for the Commission that indicate of 15' landscape
buffer along Northlake Boulevard. He distributed the plans to the Commission.
Mr. Ellington said the site data on the new plans had not been updated.
Mr. Joseph Hamzy said it was a shame that the petitioner distributed the plans now
before staff could fully review it.
Motion
Mr. Hamzy made a motion for denial of this petition and urged the petitioner to return
before the Planning and Zoning Commission with a revised site plan with accurate
parking data.
Mr. Strassler seconded the motion.
Mr. Sabatello argued against the motion, stating that the new plan was exactly like the
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old plan except for the requested 15' landscape buffer.
Mr. Hamzy said the plan is not exactly like the old plan because the site data had not
been updated and had not been submitted when staff requested it.
Mr. Sabatello added that the petitioner's first desire was to keep the parking in front.
He said the Commission was making a big deal out of a little matter.
The motion failed 2 -4 with Chairman Ornstein, Mr. Rosen, Mr. Leatherman and Mr.
Sabatello objecting.
Mr. Sabatello made a motion for approval of the petition with the following conditions:
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The 20' foot easement to the rear of the site shall be dedicated to the City
as a permanent ingress /egress easement. This dedication shall occur prior
to Certificate of Occupancy.
There shall be 10 trees (3 palms = 1 tree), planted in the 15' buffer strip
along Northlake Boulevard. These trees shall be a minimum height of 10'
with a minimum of 4' of clear trunk space.
The exterior of the building shall be painted Peach (Benjamin Moore #105 -
2A-LW), with white window frame trim.
The existing nonconforming ground sign may remain in its present location
until January 18, 1997; at such time the sign shall be removed per Chapter
155, the Sign Code Ordinance.
The color of the ground sign shall match the proposed color of the building.
The lights proposed on the east and west sides of the parking lot shall be
relocated further north to the center of the site.
The existing lights in the north and south parking lot shall be repaired.
The site plan must be revised, with correct data calculations, prior to
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issuance of a building permit.
Mr. Rosen seconded the motion. He added that it would be prudent for the Building
Official to receive a copy of the minutes of this meeting or the staff report so he would
be aware of all the conditions concerning this petition.
Mr. Strassler made a motion calling for an' amendment to the motion:
1. The hedge along Northlake Boulevard shall meet City code requirements.
Mr. Sabatello seconded the amendment to the motion.
The amendment to the motion passed unanimously by a 6 -0 vote.
The motion, as amended, was approved by a vote of 5 -1, with Mr. Hamzy dissenting.
SP -90 -14 - Recommendation to City Council re: Site Plan Review for the installation
of a two- million gallon finished water storage tank, backwash water recovery system and
a vehicle storage structure. Located at 4200 Hood Road. (36- 41S -42E) (In conjunction
with a rezoning request Z- 90 -04)
PLANNING AND ZONING
Public Hearing: Z -90 -04 - Recommendation to City Council re: (Seacoast Utility
Authority) Rezoning a 40 -acre site from Palm Beach County's zoning designation of
Agricultural Residential with a Special Exception to allow for a water treatment plant
to Palm Beach Gardens' zoning designation of GU - Governmental Use. Located at 4200
Hood Road. (Adv. 10/8/90) (36 -41S -42E)
Chairman Ornstein stated that this petition will be heard along with Petition Z -90 -04 as
both involve the Seacoast Utility Authority
Planning and Zoning portion of the meeting.
Chairman Ornstein then opened up the
Mr. Ellington, City Planner, reviewed the staff report for both petitions dated October
18, 1990. He said staff is recommending approval of both petitions with no conditions.
Responding to a question by Chairman Ornstein, Rim Bishop, agent, said the vehicle
storage building is about 20 feet high.
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• Mr. Sabatello questioned whether a landscape plan is needed. Mr. Walton responded
by saying the improvements were being made to the interior of a 40 -acre site and no
additional landscaping is needed.
Motion
Mr. Leatherman made a motion for the approval of Petition SP -90 -14 with no conditions.
Mr. Rosen seconded the motion.
The motion was unanimously approved by a 6 -0 vote.
Chairman Ornstein then opened the Public Hearing for Petition Z- 90 -04. There was no
public comments. Chairman Ornstein then closed the Public Hearing.
Mr. Rosen made a motion to approve Petition Z -90 -04 with no conditions.
Mr. Hamzy seconded the motion.
The motion was unanimously approved by a vote of 6 -0.
• WORKSHOP: Z -90 -05 - Recommendation to City Council re: (Palm Beach Gardens
Christ Fellowship) Rezoning of 5.43 acres from Palm Beach County's zoning designation
of AR /SE, Agricultural Residential with a Special Exception to allow expansion of an
existing commercial horse stables to Palm Beach Gardens' zoning designation of RS-
1, Single Family Residential. Located south of Lake Park West Road (a /k /a Northlake
Boulevard), west of Kelso Drive and immediately north of a portion of the unrecorded
plan commonly known as "Horseshoe Acres." (former Caballo Pointe site) (23- 42S -42E)
WORKSHOP: CU -90 -04 - Recommendation to City Council re: (Palm Beach Gardens
Christ Fellowship) Conditional Use in the RS -1, Single Family Residential District, for
the operation of a church and preschool on a 5.43 -acre site located south of Lake Park
West Road (a /k /a Northlake Boulevard), west of Kelso Drive and immediately north of
a portion of the unrecorded plat commonly known as "Horseshoe Acres." (former
Caballo Pointe site) (23- 42S -42E)
Chairman Ornstein said the Commission will hear Petitions Z -90 -05 and CU -90 -04 at the
same time as both concern the Palm Beach Gardens Christ Fellowship church.
Mr. Ellington reviewed the staff report and stated that property owner Charles Horowitz
has submitted a letter to staff withdrawing the Caballo Pointe PUD and allowing
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• petitioner Thomas Mullins to proceed with his request.
Chairman Ornstein asked whether it was allowable for the church to use grass parking
space. Mr. Ellington said the code was silent toward grass parking spaces and the City
Council was favorable to this request.
Chairman Ornstein asked why the church was different from the YMCA, which had
unsuccessfully requested the use of grass parking. Mr. Walton said the use of the church
parking will be limited compared to the heavy daily parking use at the YMCA.
Mr. Ellington said staff will recommend that at the November 13, 1990 Public Hearing
that the day care center be operated in conjunction with the church. He added that the
City Engineer has requested that the church provide a left turn lane on Lake Park West
Road.
Mr. Thomas Mullins, agent and pastor of the church, said the neighbors are excited
• about the plan. He added that the identified recreation area on the site plan will not
have a ballfield on it but it will be an open recreation field.
Chairman Ornstein questioned whether the canal on the south side of the site is in the
property. Mr. Mullins said the owner Mr. Horowitz had the canal deeded back into
his name and then provided an easement to the Northern Palm Beach County Water
Control District. He added that he preferred that the vegetation along the canal be left
alone.
Chairman Ornstein asked what Caballo Pointe was required to do concerning the canal
landscaping. Mr. Walton said Caballo Pointe was required to clear the canal of all
exotic vegetation.
Mr. Mullins said the primary use of the building on the site will be a church. The child
care center will be secondary and largely for the children of the church members, Mr.
• Mullins added.
The Commission recommended that this petition come before the Board for a Public
Hearing on November 13, 1990.
PREAPPLICATION REVIEW: PUD -90 -20 - Recommendation to City Council re: (JDM
Parcel 18) Creation of a 52- single family unit (2.5 du /ac) residential Planned Unit
Development on Parcel 18 within the BallenIsles (JDM) Country Club Planned
Community District. (14- 42S -42E)
Mr. Ellington presented this petition's staff report, dated October 18, 1990. He said that
since this project is proposed to have custom homes, no elevations have been submitted.
He also reviewed the proposed staff conditions and conditions submitted by City Forester
Mark Hendrickson.
Mr. Leatherman asked how are building permits being issued if the master drainage plan
is not completed. Mr. Walton said that the individual parcels have met requirements
• while the PCD requirements have not been met.
Mr. Hank Skokowski, agent for the petitioner, said this project has been placed on the
fast track because of the declining economy and the need for this project to do well.
He added that City Engineer David Getz did not have any specific problems with the
proposed development itself, but did comment on two sections of the Planning
Community Development agreement that were not in compliance. Mr. Skokowski said
Mr. Ken Blair of Hansen Properties will respond to those concerns.
Mr. Blair stated the project does have a conceptual storm water management permit
from South Florida Water Management District ( SFWMD) and has for the entire site.
He added that the company has received the necessary permits from SFWMD for each
of the pods within the first phase of the project.
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• Chairman Ornstein asked how could the developer obtain building permits on a
conceptual drainage permit.
Mr. Blair answered that the SFWMD issues the permits after reviewing the permit
application and the conceptual drainage plan. He added that the company's engineer is
working with the City Engineer's office to revise some of the calculations for the
drainage plan.
Mr. Rosen said he understands Mr. Blair's situation as the drainage plan is constantly
being revised.
Mr. Blair said the other concern involved the Northern Palm Beach County Water
Control District (NPBCWCD). He said he is waiting for the Florida Supreme Court to
rule whether a public entity - NPBCWCD - could fund the private roads within the
BallenIsles development. No matter what the ruling is, the community will remain closed
is gate. He added that the bond money is still available.
Responding to a question from Mr. Sabatello, Mr. Blair said that Hansen Properties paid
for the construction of BallenIsles Drive in the development.
Mr. Skokowski suggested a condition of approval to allow for the installation of the
perimeter landscaping within six months after a letter of certification from the City
Engineer on the site. A discussion by the Commission, staff and the applicant ensued
on the issue of perimeter landscaping. Several Commissioners suggested that a letter of
credit be used in conjunction with the perimeter landscaping.
Mr. Hamzy said large masses of the homes will be extensive. It will almost be attached
housing, he added. Mr. Skokowski said the massing of the houses will be offset by the
50 -foot right -of -way and heavy landscaping.
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• Motion
Mr. Sabatello moved to approve the petition with the following conditions:
1. The extension of BallenIsles Drive southward to provide legal access to
these parcels will need to be designed and in the form of Construction
Plans and Plats concurrently with the Construction Plans and Plats for these
parcels.
2. Prior to the issuance of the first building permit, the petitioner shall furnish
the City with a permit from Northern Palm Beach County Water Control
District.
3. Prior to the issuance of the first building permit, the lighting plan shall be
reviewed and approved by the Police Department.
4. The final landscape plans for Parcel 18 perimeter /common areas shall be
• reviewed and approved by the City Forester within 90 days of the PUD
approval. The final plan will contain at least as much landscaping as the
conceptual plan.
5. Buffer C (2,000 L.F.) shall be installed within 30 days prior to the issuance
of the first building permit per PCD condition.
6. The "street trees" shall be installed at the same time as lot landscaping is
installed for simplicity.
7. The perimeter landscaping shall be installed for lots 1 - 7 or 8 - 12 or 13,
14 & 52 or 25 - 30 as grouped prior to the issuance of the first Certificate
of Occupancy with the lot group.
Mr. Rosen seconded the motion.
The motion was unanimously approved by a vote of 6 -0.
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PREAPPLICATION REVIEW: PUD -90 -19 - Recommendation to City Council re: (JDM
Parcel 11) Creation of a 61 zero -lot line unit residential Planned Unit Development on
Parcel 11 within the BallenIsles (JDM) Country Club Planned Community District. (14-
42S-42E)
Chairman Ornstein asked the board whether it wished to hear this petition, which was
not on the original agenda, at this time.
Mr. Hamzy asked if staff has reviewed this petition. Chairman Ornstein said staff has
reviewed the petition during the past two days. Mr. Walton said this petition was heard
at the October 19, 1990 Development Review Committee meeting but staff has not
received all the comments from the DRC members.
The Commission decided to hear and consider this petition at this time.
0 Mr. Ellington said this petition was not originally scheduled for the October 19, 1990
DRC meeting because the required information had not been submitted. He said the
petitioner eventually provided the information and received sign -offs from DRC members
and the petition was allowed to be heard at the DRC meeting. However, this was after
the agenda and staff reports for the October 23, 1990 Planning and Zoning Commission
meeting had been distributed. The staff report for this petition was distributed to
Commission members before the Commission meeting. Mr. Ellington reviewed the staff
report and the recommended conditions of approval.
Chairman Ornstein said that by taking this action now on an non - agenda item, the
Commission is not setting any precedents for future actions by this Commission. He said
personally, this will be the last time the board will hear an non - agenda petition.
Mr. Skokowski, representing the petitioner, thanked the Commission and staff for working
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with this petition. He reviewed the development plan. He introduced the architect for
• the project, Jaime Lichi.
Mr. Lichi reviewed the elevations of the zero -lot line homes planned for the site.
Mr. Sabatello asked if the color and elevations are designated by lot or by the choice
of the purchaser. Mr. Skokowski said it will probably be the choice of the purchaser.
Mr. Hamzy said he is uncomfortable with the use of glass block in the houses.
Mr. Strassler said he has a concern about the turning radii into the garages. He added
that there may not be enough room to maneuver the car into the garage.
Motion
Mr. Rosen made a motion for approval with the following conditions:
1. The extension of Ballenisles Drive southward to provide legal access to
these parcels will need to the designed and in the form of Construction
Plans and Plats concurrently with the Construction Plans and Plats for these
parcels.
2. Prior to the issuance of the first building permit, the petitioner shall furnish
the City with a permit from Northern Palm Beach County Water Control
District.
3. Prior to the issuance of the first building permit, the lighting plan shall be
reviewed and approved by the Police Department.
4. The final landscape plans for Parcel 11 perimeter /common areas shall be
reviewed and approved by the City Forester within 90 days of the PUD
approval.
5. The final plans shall contain at least as much landscaping as the conceptual
plans.
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6. The "street trees" shall be installed at the same time as lot landscaping is
• installed for simplicity.
Mr. Sabatello second the motion.
The motion was unanimously approved by a 6 -0 vote.
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There being no further business to come before the Commission, the meeting was
adjourned at 10:30 p.m.
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Alan Strassler