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HomeMy WebLinkAboutMinutes P&Z 082499• CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION August 24, 1999 MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chair Joel Channing at 6:30 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. ITEMS BY GROWTH MANAGEMENT DIRECTOR There were no items by the Growth Management Director. APPROVAL OF MINUTES Minutes of August 10, 1999 - Mr. Cruz made a motion to approve the minutes of the August 10, 1999 meeting as submitted. Mr. Glidden seconded the motion, which carried by 4 -0 vote. Mr. Solomon and Ms. Carlino abstained. • SITE PLAN AND APPEARANCE REVIEW COMMITTEE The roll was called by Jackie Holloman, Secretary for the meeting. Present Joel Channing, Chair John Nedvins, Vice Chair John Glidden, Chair Pro Tern Diane Carlino Daniel Lee Cruz Craig Kunkle, Jr. Dennis Solomon Ted Rauch, Alternate Also present at the meeting were Growth Management Director Roxanne Manning, City Attorney Carole Post; Principal Planners Kim Glas Castro, and James Norquest, and Planner I Angela Csinsi. Consideration of Approval Petition SP- 99 -08: Gleason's Steakhouse Color Change Stephen Cournoyer, President of The Chop House, Inc. (dba: Gleason's Steakhouse), is requesting 40 a minor site plan amendment to change the color of the building that formerly housed Shoney's • Planning & Zoning Commission Minutes August 24, 1999 Restaurant The site is located on the south side of Northlake Boulevard, just west of Interstate 95. (24- 42S -42E). Planner I John Lindgren presented the staff report. Photographs of the building were distributed. Landscaping done since the last meeting was depicted in the photographs. Mr. Cruz commented that the building looked much better than before, and that he would like the roof color confirmed. Ms. Carlino objected to the roof color. Mr. Nedvins described the roof color as a little too pinky and stated the roof color needed to be closer to that of the shopping center roof. Mr. Glidden commented that the roof color was pink and should be earth tone, as similar as possible to the roof of the shopping center, and commented that the Committee should keep in mind that since the applicant was trying to match the roof color by painting, the color would be approximate. Pete Russo, representing the applicant, apologized for the roof color in the computer drawings and reported that the applicant would match the color of the shopping center roof if that was what was needed. Mr. Glidden recommended that any band painted a light color be painted in its entirety - -face, top, and bottom - -as opposed to face only, and stated the new banding color was much more compatible. Ms. Carlino agreed. Mr. Cruz stated as long as the roof matched that of the shopping center it looked fine. Chair Channing commented he would like to see a multi - stemmed Alexander palm added immediately to the south of the entry and another between the roof tile treatments on the north elevation, • of equivalent size to those already installed. The City Attorney advised that there was an approved landscape plan for this site and the Committee did not necessarily have the authority to require additional plants; if the petitioner agreed to additional plants that was fine, but this approval was for color change. The palms were agreed to so long as installation was physically possible. Mr. Glidden commented that the roof of the shopping center was a blend of colors which would not be easy to match with paint, but more than one color could be used to achieve a blend. Mr. Glidden made a motion to approve Petition SP -99 -08 with the following provisions: 1. The roof tile shall be painted a color blend as close to the adjacent Palm Beach Gardens Town Square shopping center including some variegated color in the paint. 2. The following palm trees shall be planted if physically possible as determined by the City Forester: One multi - stemmed Alexander palm placed immediately to the south of the entry and another placed between the roof tile treatments on the north elevation, of equivalent size to those already planted. 3. Accent banding wherever painted shall be painted on all three leading edges, top, bottom, and face. Mr. Solomon seconded the motion, which carried by unanimous 7 -0 vote. 0 2 • Planning & Zoning Commission Minutes August 24, 1999 Consideration of Approval Petition SP- 99 -11, McDonald's Restaurant Color Change Jim Booth, agent for McDonald's Corporation, is requesting a minor site plan amendment to change the color of the building and the roof. The site is located at the intersection of Northlake Boulevard and Sunrise Drive, just east of Interstate 95. (18- 42S -43E) Planner I Angela Csinsi reviewed the staff report. Denial was recommended since the color was incompatible with the surrounding areas. Jim Booth, Owner of McDonald's Restaurant, explained that their contractor painted the building without obtaining a permit, apologized for the error, stated he would repaint, and provided a color chart for suggestions from the Committee. City Attorney Post advised the Board as to proper procedure in this case. Mr. Solomon favored colors similar to those originally approved. Mr. Glidden favored something as simple and neutral as possible in beige shades. Mr. Nedvins suggested picking one of the sets of specifications offered by McDonald's for their restaurants. Ms. Carlino favored the colors in photo • number one. Mr. Cruz commented he did not believe the Committee's role was to pick colors or give direction, but to approve what was presented to them. Mr. Cruz suggested asphalt shingles usually looked better in their natural state than when painted. Mr. Booth explained that the painted shingles were easier to keep clean. Mr. Glidden explained that the Committee would probably always approve neutral colors, but advised the applicant not to be afraid to bring back a color scheme. Ms. Carlino made a motion to deny Petition SP- 99 -11. City Attorney Post advised than an option was to postpone. Ms. Carlino changed her motion to postpone Petition SP -99 -11 to allow the Petitioner to come back with a new color proposal. Mr. Kunkle seconded the motion, which carried by unanimous 7 -0 vote. PLANNING AND ZONING COMMISSION The roll was called by Jackie Holloman, Secretary for the meeting. Present Absent Joel Channing, Chair John Nedvins, Vice Chair 0 3 • Planning & Zoning Commission Minutes August 24, 1999 John Glidden, Chair Pro Tern Diane Carlino Daniel Lee Cruz Craig Kunkle, Jr. Dennis Solomon Ted Rauch, Alternate Public Hearing - Continued Petition PCD- 99 -05: Regional Center DRI/PCD Amendment Relating to the CommerciaU Qaice/Business Square Footage (to be continued) Mr. Kenneth Blair, agent for Catalfumo Construction Company, is proposing a change to the DRI/PCD, which includes an increase in the amount of regional commercial square footage from 1,390,000 sf. to 1,440,000 sf. and reduces office- business square footage from 1,210,000 to 1,091,800 sf. and designates particular parcels on the master plan as being potential sites for regional commercial use The subject property is located north of PGA • Boulevard between Alternate AIA and Prosperity Farms Road (5&6- 42S -43E) Principal Planner Kim Glas explained the reasons for requesting postponement. Ms. Carlino made a motion to postpone Petition PCD -99 -05 until September 28, 1999. Mr. Nedvins seconded the motion, which carried by unanimous 7 -0 vote. Recommendation to City Council Petition DRI- 99 -04: PGA National DRI NOPC - Office and Hotel Uses Frank Palen, agent for PGA National Venture, Ltd, is requesting an amendment to the PGA National Resort Community - a Development of Regional Impact and Planned Community District. The petition is intended to permit reallocation of certain non - residential land use intensities within three existing categories identified in the table shown on the face of the DRI/PCD Master Plan. Principal Planner Kim Glas reviewed the staff report, and explained that although the change was generic the petitioner planned to increase the hotel at the resort at some future date and the office use would be applied to the PGA of America site. Ms. Glas clarified that the increase in both hotel and office uses made traffic equal to light industrial. 0 4 Planning & Zoning Commission Minutes August 24, 1999 Frank Palen, agent for the petitioner, explained that Mr. Ecclestone wished to add an office building on the site of PGA of America, and it was necessary to reallocate uses in the master plan as well as to add office and hotel uses. Mr. Palen explained that industrial use was being reduced substantially to allow a modest increase in hotel and office uses for the future. Mr. Palen clarified for Mr. Solomon that the light industrial use had never been assigned to a specific parcel and this was essentially a paper reduction; and the additional office use would be for a new office building. Mr. Palen explained that the additional hotel use would be within the existing resort core area, and that approval of this petition would allow a hotel expansion to be submitted without having to first go to the Department of Community Affairs, provided the expansion was no more than 70 rooms. Mr. Kunkle questioned whether the traffic would be reduced on Northlake Boulevard and increased on PGA Boulevard, to which Ms. Glas responded it was not necessarily that clean cut since the petitioner could establish an additional industrial hub in another portion of the project. Mr. Solomon made a motion to approve Petition DRI -99 -04 as submitted. Ms. Carlino seconded the motion, which carried by vote of 6 -1 with Mr. Glidden abstaining due to conflict of interest. • Public Hearing and Recommendation to City Council Petition TAT- 99 -10; Text amendments to the City's Land Development Regulations-for Borrow Pits. Excavation and Fill, and Mining City - initiated text amendments to the City's Land Development Regulations regarding excavation and fill activities, borrow pits, and mining. Growth Management Director Roxanne Manning stated that this petition was on the agenda to be considered by the Planning & Zoning Commission and the Land Development Regulations Commission, and that the presentation and all discussion would apply to both agenda items. Ms. Manning reviewed the staff report and explained changes made since the last meeting and clarified definitions and that dimensions of existing canals and ditches should be shown on surveys. Mr. Solomon requested that the word "City" be shown in upper case on page 5 in paragraphs d, e, and f, multiple times, and on page 6, paragraph 94 -45. Mr. Solomon requested addition of the wording governmental permits or approvals immediately following creating artificial lakes, drainage ditches and canals which have been excavated or excavated without the proper planning design on page 3, paragraph 94- 1(A)(3). Ms. Manning clarified for Mr. Cruz that permitting was the same for excavation and fill as for borrow pit operations. Mr. Cruz suggested that the language in item 6 of the staff report on the second page in the second sentence, These requirements include conditional use approval by City Council and submission of certified plan, be reviewed. Mr. Cruz questioned whether under the ordinance on page 2, under definition of excavation and fill operation, on the 4th line, whether to include on -site, to which Ms. Manning responded excavation and fill could be either 0 5 • Planning & Zoning Commission Minutes August 24, 1999 on -site or off -site. Mr. Cruz suggested striking the word is on page 2 of the staff report in the wording, this section is also; on the 4th line in paragraph 94 -3 (A) of the ordinance to change a permit to permits; to check on adding maximum slope dimensions in paragraph 94 -3 (B); in paragraph 94 -3(B) and (G) to add that plans and specifications shall be signed and sealed; in subparagraph (E) at the top of page 6 to add and any other governmental agencies; and possibly more stringent minimum and maximum on the top line. Ms. Manning explained that the South Florida Water Management standards were the ones the City Engineer liked to follow, and she would check with Mr. Lindahl. Chair Channing declared the Public Hearing open. Hearing no comments from the public, Chair Charming declared the Public Hearing closed. Ms. Carlino made a motion to recommend approval to the City Council of Petition TXT- 99 -10. Mr. Solomon seconded the motion. Ms. Carlino amended the motion to recommend approval to the City Council of Petition TXT -99 -10 with the minor changes mentioned. Mr. Solomon accepted the amended motion, which carried by unanimous 7 -0 vote. LAND DEVELOPMENT REGULATIONS COMMISSION • The roll was called by Jackie Holloman, Secretary for the meeting. Present Joel Channing, Chair John Nedvins, Vice Chair John Glidden, Chair Pro Tern Diane Carlino Daniel Lee Cruz Craig Kunkle, Jr. Dennis Solomon Ted Rauch, Alternate Absent Recommendation to City Council Petition TX7- 99 -10; Text amendments to the Citv's Land Development Regulations for Borrow Pits. Excavation and Fill, and Mining City- initiated text amendments to the City's Land Development Regulations regarding excavation and fill activities, borrow pits, and mining. 0 6 Planning & Zoning Commission Minutes August 24, 1999 Principal Planner Kim Glas advised staff recommendation was that this petition be found in conformance with the Comprehensive Plan. Ms. Carlino made a motion to recommend approval to the City Council of Petition TXT- 99 -10. Mr. Nedvins seconded the motion, which carried by unanimous 7 -0 vote. ITEMS BY CITY COUNCIL LIAISON City Council Liaison Carl Sabatello requested that any suggestions or comments regarding the Municipal Complex be relayed to staff. Councilman Sabatello objected to not giving more direction to petitioners regarding choosing colors, and stated his opinion that a range of colors could be suggested. The City Attorney advised that the mission of the Board was set out in the City Charter not to guide or direct applicants in any way, and advising as to colors was not addressed. Policy adopted had been that it was not appropriate for the Board to pick colors, or design or redesign plans, and that was a policy decision that needed to be addressed. Councilman Sabatello suggested that the City Attorney and the Board address this issue at a future meeting. • Councilman Sabatello reported the majority of the City Council had not been comfortable with the proposed Catalina Lakes development, particularly with guest parking and density of lot coverage. Discussion ensued. Councilman Sabatello expressed his opinion that changes made by City Council should be reported to the Board, and stated he was not telling the Board how to review but reporting what had happened at City Council. Councilman Sabatello expressed his opinion that the Board was doing a great job. OLD BUSINESS Chair Channing reported he was very unhappy that the berm at Hampton Inn had not been installed as approved, which staff advised had been done because of site drainage. Mr. Channing suggested a wall be installed, to which the City Attorney responded there was no legal authority to now require a wall. Mr. Glidden commented that the diagonal struts used to hold up the parapet wall had not been approved and had not been shown by the petitioner. Growth Management Director Manning reported that the petitioner had agreed verbally at City Council level to enhance landscaping around the sign and could be asked to enhance the buffer landscaping. Discussion ensued. Councilman Sabatello expressed his opinion that he would like to see projects with substantial changes to approvals come back before the Planning and Zoning Commission. Ms. Manning explained that issues were picked up on the final walk through for Hampton Inn and that the berm could not be installed as approved because of drainage constraints in the area, resulting in a smaller berm than is 7 • Planning & Zoning Commission Minutes August 24, 1999 approved. The Commission agreed they would like to see such items again before installation. Mr. Glidden discussed project lighting and requested a meeting with staff on this subject. NEW BUSINESS Chair Channing suggested pre - approved color schemes for use within the City. Growth Management Director Manning suggested larger palettes of warm tones, cool tones, and neutrals with 15 -20 pre- selected colors within each palette. Mr. Cruz expressed his opinion that the colors should be recommended rather than pre- approved. Councilman Sabatello agreed that this was a good idea and suggested that it go to the City Council for discussion so they could commit to what they liked and disliked. Mr. Cruz expressed concern with the manner of petitions which had been presented where buildings had already been painted, and wanted petitioners to bring in color schemes as opposed to pictures and paint color chips. Mr. Cruz stated when given something reasonable to look at he had no problem providing guidance. Staff reported an effort had been made to inform the petitioners what the Commission wanted. Mr. Cruz commented that both petitions had been new owner situations and suggested informing new owners of the law. Staff reported that the Building Department had been requested to inform any applicants seeking permitting for exterior renovations • that colors must be approved by the Planning and Zoning Commission. Growth Management Director Manning commented an information sheet could be given to the Finance Department to be distributed with new occupational licenses. • 8 • Planning & Zoning Commission Minutes August 24, 1999 ADJOURNMENT There being no further business, the meeting was adjourned at 8:30 p.m. The next meeting will be held September 14, 1999. �---� APPROVED: a,,- ce,� Ted Rauch, Alternate Jade man, Secretary 9 ... .. r FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS II141%I \\wlt MIDDII \AMF Jo HN NAMEUFt10ARl). CUIIN(' ll_( OMM1 .\tiIOK,AUIIfI)KIiY.ORCOMMI1lt :E Z MA11 IN(; \1)1)RI SS I Hi IK)ARD.COUN(ll_COMM1SStUN, AUTHURtII' OR COMMnTEE ON WIII�CHI SERVE ItiAIINn'OI-': a,-6nY O COUNTY O O1 HER I.00AI. AGE \CY CIIY COUN Y VAME1/ O�F POI ATiCALSUBDIVISION: P DATE ON WHICH VOI F. (X'C1IRKF1) nj` MY POSITION IS: O ELECTIVE APPOI\TIVE 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. 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 he reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED 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 b% publicly itating 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: ou should complete and file this form (before making any attempt to influence the decision) with the person responsible for ecording 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. • The form -,hould be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 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 of the meeting. who should incorporate the form in the minutes. �^n q DISCLOSURE OF LOCAL OFFICER'S INTEREST I• .hereby disclose that on 19 (a) A measure came or will come before my agency which (check one) _inured to my special private gains: or �! inured_ to the special gain of Y f/ �\ • by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: `I"Mir& -��1- r�u �keq P&6kw LAA' 0-1-1 '0 vtp Z vt�+1 )X wwKA+elel� 454", cis A" v (04� 6Q- law KAe a44A Date Filed Cian7t„rn NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985). A FAILURE TO ,'HAKE ANY REQUIRED &SCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: T PEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN ALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. c t PUMM ra - 1.91 PAGE