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HomeMy WebLinkAboutMinutes P&Z 021897CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION February 18, 1997 MINUTES The Regul ing of the Planning and Zoning Commission of the City of Palm Beach Ga dens, Florida, was called to order by Vice Chair Diane Carlino at 7:45 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 Secretary Jackie Holloman: Present Absent Diane Carlino Carl Sabatello William Mignogna* John Glidden Tom Paganini Chris Jones John Nedvins Tom Pastore Jeff Ornstein • *Mr. Mignogna did not participate because of a conflict of interest. The meeting was delayed until 7:45 P.M. when Mr. Ornstein arrived, making a quorum. Also present at the meeting were City Attorney Paul Golis, Planning and Zoning Director Richard Walton, Principal Planner Marty Minor, and Planner Bahareh Keshavarz. ITEKS BY PLANNING AND ZONING DIRECTOR There were no items by the Planning and Zoning Director. ITEMS BY CITY COUNCIL LIAISON There were no items by the City Council Liaison. SITE PLAN AND APPEARANCE REVIEW COMKITTER Recowendation to City Council: Petition SP- 96 -16, Kenneth A. Blair, agent for LAP Publications, Inc., requesting site plan approval for the construction of 123,379 square feet of office and 45,100 square feet of warehouse facility on 9.97 + 1- acres on Lot 5 and a portion of 11 Planning & Zoning Commission Minutes February 18, 1997 Lot 6 of PGA National Commerce Park within PGA National Planned Community District (PCD). (15 -425 -428) Principal Planner Marty Minor reviewed the staff report dated February 13, 1997. Mr. Ornstein disclosed for the record that he and Kenneth A. Blair, agent for the petitioner, had had lunch together the previous day, which had nothing to do with this project. Kenneth A. Blair introduced others present at the meeting on behalf of the petitioner. Mr. Blair reported that the petitioner agreed with all proposed staff conditions with the exception of installation of landscaping along the western buffer during Phase one, because there were a substantial number of existing pine trees and an abundance of landscaping along the lots west of the park, and that a high loss factor might result from planting during Phase one and relocating later. Mr. Blair requested that the Committee consider establishing a dollar amount to be held by the City to cover the landscaping in lieu of planting during Phase one. In response to questions by Mr. Nedvins, Mr. Blair described surrounding lots, and the size of the • project at roughly 165,000 square feet. Mr. Blair explained that Phase One would be a 3 -story 60,000 square -foot office building, Phase two would be a similar building, Phase three would be a one -story 25,000 +/- square -foot warehouse facility in the rear, and Phase four would be an approximately one -story 20,000 square -foot warehouse. Mr. John Martini, LRP Publications, explained that currently distribution was from the home office and that this project would not be a distribution center so much as a warehouse facility, and that it would be the corporate headquarters, relocated from Pennsylvania. 150 new jobs would be created in the next 18 months, and a total of 200 to 250 employees would be at work by the end of Phase one. Mr. Nedvins expressed concern that projects of this nature did not always meet schedules. Mr. Blair responded that this project would be completed in a year and a half. Gus A. Perna, Jr., Landscape Architect, explained that the west buffer would cost approximately $5,500 - $6,000, and expressed concern that planting and then relocating within a short period of time would cause deterioration as well as a drastic reduction in projected survivability. Mr. Perna noted that the adjacent lots were heavily landscaped, and recommended that bond be posted for the western boundary line landscaping for Phase I. Principal Planner Minor explained that City Forester Mark Hendrickson preferred that the landscaping be completed during each • 2 Planning & Zoning Commission Minutes February 18, 1997 phase. Discussion ensued regarding the initial cost of the western buffer landscaping, the relocation cost, and the phasing. Mr. Ornstein stated that all PUDs should be required to have unity of title. Mr. Blair explained that LRP Publishing, Inc., was purchasing the entire site, lots 5 and 6; and subsequent to closing the PGA Park of Commerce (Mr. Ecclestone) would take back a mortgage using Lot 6 as collateral. In response to Mr. Ornstein's concern that the PUD could have different owners during different phases, City Attorney Golis advised that unity of title was not required by the City's code, however, it could be required by the Committee. Mr. Blair explained that if LRP Publishing sold the property, the City would have the money to install the western buffer landscaping. Mr. Nedvins inquired what time periods were required for completion in order to utilize grant money, to which Mr. Martini responded that completion must be accomplished in eighteen months, and that a substantial amount of grant money was involved, giving the petitioner incentive to move the project forward and to complete it on or before the scheduled due date. • Mr. Nedvins expressed his opinion that the landscaping issue was immaterial to the larger project and at the very least a bond should be posted. Mr. Ornstein wanted the landscaping installed now. Mr. Paganini had no problem with the bonding. Mr. Blair explained that the waiver requested for one loading space in lieu of the three required was done because LRP Publishing only had mail, UPS, and Federal Express type deliveries, and there would be no deliveries made by large trucks. A poll of the Committee members resulted in no objections to the waiver request. A brief discussion was held regarding Art in Public Places, with which Mr. Blair explained that the petitioner would comply. In response to a question from Mr. Nedvins, Mr. Blair pointed out the sanitary sewer location at the north end of the site. Mr. Perna confirmed that the location had been clarified with Seacoast Utility and was now shown on the plans. Mr. Ornstein stated that he was opposed to having this meeting, and he did not think any project was important enough to hold a special meeting. Mr. Ornstein made a motion recommending approval of petition SP -96 -16 with the following recommendations: 9 Planning & Zoning Commission Minutes February 18, 1997 1. Prior to a City Council Meeting, the existing sanitary sewer main in the utility easement must be depicted on the landscape plans. 2. The Landscape Architect of Record shall certify in writing that the landscaping has been installed per all City approvals prior to completion of each phase and /or Certificate of Occupancy. 3. The legal description for the subordinated easement to be granted by the mortgage holder shall be reviewed and approved by the City before recording the instrument in public records. 4. A waiver shall be granted reducing the required number of loading spaces from three to one. 5. The petitioner shall resolve the conflict regarding growing trees prior to presentation to City Council. There was no second to the motion. Discussion of the motion was a comment by Mr. Nedvins that number two should be changed, however, Mr. Ornstein did not agree. The motion died for lack of a second. Mr. Paganini made a motion to recommend approval of petition SP -96 -16 with the following conditions: 1. Prior to a City Council Meeting, the existing sanitary sewer main in the utility easement must be depicted on the landscape plans. 2. $5,500 to $6,000 or 110% of the landscape installation cost shall be placed in the form of a bond to assure that the western buffer landscaping be completed within two years or prior to completion of the project as per the plan provided by the Landscape Architect and approved by the City. 3. The legal description for the subordinated easement to be granted by the mortgage holder shall be reviewed and approved by the City before recording the instrument in public records. 4. Prior to the City Council workshop meeting, the petitioner shall revise the development plans to resolve the conflict • 4 Planning & Zoning Commission Minutes February 18, 1997 between lighting and landscaping. S. A waiver shall be granted reducing the required number of loading spaces from three to one. The motion was seconded by Mr. Nedvins. Discussion of the motion included recommendation that staff verify pricing for the western buffer landscaping before acceptance of the landscape architect's proposal. Mr. Ornstein commented that number two should stand with the one exception being the posting of the bond for the western buffer landscaping, since all the rest of the work must be certified. Mr. Paganini, maker of the motion, agreed. Therefore condition (2) was changed to read: 2. The Landscape Architect of Record shall certify in writing that the landscaping has been installed per all City approvals after completion of each phase or prior to the Certificate of Occupancy for each phase with the exception of the western phase I buffer. For the phase I western buffer, the petitioner shall post a bond for a period of two years after the issuance of the phase I Certificate of Occupancy in an amount determined by the • Landscape Architect of Record and approved by the City Forester. If after two years phase II has not commenced, the property owner shall install the western buffer or the bond shall be used for said purpose. The motion carried by unanimous 4 -0 vote. Mr. Blair thanked the Commission for holding the special meeting and received clarification that the conditions in the motion must be accomplished before proceeding to City Council. OLD BUSINESS There was no old business to come before the Planning and Zoning Commission. NM BUSINESS There was no new business to come before the Planning and Zoning Commission. • • Planning & Zoning Commission Minutes February 18, 1997 ADJOIIRPTD�NT There being no further business, the meeting was adjourned at 8:25 P.M. The next meeting will be held March 11, 1997. APPROVED: (Absent) Carl Sabatello, Chairman Diane Carlino, vice Chair (Absent) John Glidden (Absent) Thomas Pastore Tom Paganini (Absent) Christopher Jones J c ie Holloman, Secretary 9 r rvlK b�'COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS it As" NR1ME —FIRST NAME—MID01 k NAME NA >4"t W ARtx COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEI �C) P�'- 1LkwA-1� Z M uWl- ADDRESS THE BOARD, COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE ON A WHICH 1 SERVE IS A UNIT OF: tDIV COUNTY r7rHER t OCAl AGENCY NAML UI- PUt ITICAI. SUBDIVISION: AtE ON WHICH vO k (X'(`URRED MY NUSI PION IS: ( -9 ELECTIVE =PPOINTIV WHO MUST FILE FORM 89 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 board council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presentec with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; althougt 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 forrr before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: 9 operson holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the specia! 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 or. which you are abstaining from voting; and WITHIN IS 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 whict 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 mus, disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whethel made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICI- THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible fo recording 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 should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest If1R \I •1! 111.06 PA► 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 minute of the meeting, who should incorporate the form in the minutes. 0 DISCLOSURE OF LOCAL OFFICER'S INTEREST I, �►V to c, o�.. V t t L.Gn, __ , hereby disclose that one 19 (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: R it, . 1_? ►►�� Date Filed Signatur , by whom 1 am retained NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317 (1985), A FAILURE TO MAKE ANY REQUIRE DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING • IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE Oh EMPLOYMENT. DEMOTION, REDUCTION 1., SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5.000. G FORM to . taw PA I