HomeMy WebLinkAboutMinutes P&Z 101194CITY OF PALM BEACH GARDENS
• PLANNING AND ZONING COMMISSION
OCTOBER 11, 1994
MINUTES
The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach
Gardens, Florida, was called to order 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:
Present
Jeffrey Ornstein, Chairman
Diane Carlin
Phillip Lyddon
William Mignogna
Thomas Pastore, Alternate
John Glidden, Alternate
Carl Sabatello
Michael Posner
Daniel Honig
Also present at the meeting were City Attorney Tom Baird, Assistant City Manager Greg
Dunham, and Mayor David Clark.
.� ITEMS BY PLANNING & ZONING DIRECTOR:
Richard Walton, Director, Planning and Zoning Department, reported he had no items to bring
before the Commission.
ITEMS BY CITY COUNCIL LIAISON:
Mayor David Clark reported he had no items to bring before the Commission.
APPROVAL OF MINUTES:
Minutes of September 27, 1994 - Chairman Ornstein pointed out a typographical error on page
two of the minutes which stated Mr. instead of Ms., referring to Diane Carlin. Mr. William
Mignogna made a motion to approve the minutes as amended. The motion was seconded by
Ms. Diane Carlin. The motion was approved by a 6-0 vote.
SITE PLAN AND APPEARANCE REVIEW COMMITTEE
Final She Plan Approval: Petition SP- 94-06, by Jeff Krautler, agent for T.P.I. Restaurants,
Inc, for the renovation of the exterior of the existing Shoney's restaurant and the installation
of additional landscaping along Northlake Boulevard. Located at 4284 Northlake Boulevard.
(24 -42 S42E)
Mr. Bristol Ellington reviewed the staff report dated October 6, 1994.
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• Pinning & Zoning Commission Minutes
October 11, 1994
Mr. Jeff Kraulter, agent for T.I.P Restaurants, Inc., responded to a landscaping question that
trees had not been placed in front of the windows. Mr. Kraulter explained that the file band
on the first drawings submitted had been changed to a stucco band, and the same colors were
being requested that were requested previously, since those colors were approved as the
corporate image.
Following discussion, the Committee asked that three (3) complete sets of architectural
elevation plans, consistent with the color rendering presented to the Committee at its October
11, 1994 meeting, must be submitted to the Planning and Zoning Department prior to the
issuance of the building permit.
Ms. Diane Carlin made a motion to recommend approval of the above - mentioned petition to
the City Council with the following condition:
1. Prior to the final inspection by the Building Department for the structural
improvements, the Landscape Architect of record shall certify in writing to the City that
the landscaping has been completed per the approved landscape plans. Any major
changes to the approved landscape plans shall be approved by the City Council. Once
the City has the certified letter from the Landscape Architect, the City Forester shall
inspect the site for compliance. Once compliance has been confirmed by the City
• Forester, the City Building Department shall be notified
Mr. Thomas Pastore seconded the motion which was unanimously approved 6 -0.
VWX "l 1 z I • 0 ����1�3�i_'1_
Public Hearing and Recommendation to C11y Council: Petition PCD- 94 -01. by Gary
Brandenburg, agent for William Cordani, for Planned Community Development approval to
construct a 367 dwelling unit and 21 -hole golf course community on 734 acres (Gardens
Country Club). Located west of the Beeline Highway at the western edge of the city limits.
(Sections 28, 29, 32, & 3341S -41E)
Ms. Kin Glas- Castro reviewed the staff report dated September 28, 1994 and reported police,
fire, and recreation issues had been resolved
Gary Brandenburg, agent for William Cordani, responded to Chairman Ornstein that the
petitioner agreed to the 32 conditions required by staff, however, stated that since the petitioner
had agreed to provide a fire station in the vicinity of the project that they would work with the
fire chief regarding condition #7, that all structures within the project shall be sprinkled. Mr.
John Glidden asked whether that staff condition was based on proximity to a fire station, and
was told that it was. Discussion ensued, concluding with the statement by Chairman Ornstein
that any changes to condition 7 should be deeded by the Fire Department and the City
Council.
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Planning & Zoning Commission Minutes
October 11, 1994
Chairman Ornstein questioned that if the clubhouse were relocated to the wetlands as
recommended by the Fish and Game Commission that would destroy wetlands that needed to
be preserved. During discussion, Mr. Brandenburg explained that at the time the Fish and
Game Commission wrote their letter they did not know that the predominant wildlife in the
area consisted of birds, and that biologists had agreed that the proposed proportions of uplands
and wetlands were proper to support the types of wildlife found on the property, so that the
moving the clubhouse was no long an issue. It was agreed to change the wording in staff
condition #9 to replace the individual agencies listed with the wording "all applicable agencies ";
and to add to staff condition #26 that internal spine road right -of -ways, cul -de -sacs, medians
and entry feature shall be irrigated as well as landscaped. Mr. Brandenburg responded to Mr.
Phillip Lyddon that petitioner did have objections to the portion of the language proposed by
Pratt Whitney which went beyond reasonable notification to prospective purchasers that they
would be located near an airport at Pratt Whitney facilities where noise ordinances were not
applicable, and that they may be undertaking noisy operations; to ask potential purchasers to
agree that they will never object to any activity that may occur on that property in the future,
etc, overstepped the intent. City Attorney Baird suggested since the language was in a state
of flux between Pratt Whitney's attorney and Mr. Cordani's attorney that a condition requiring
some type of notice to prospective purchasers should be included; Chairman Ornstein stated
he felt that was already in included in the conditions, however, Mr. Phillip Lyddon stated he
would like more detail.
Mn John Glidden questioned whether staff was comfortable with the agreement to provide a
• 15 -acre park site at some point in the future and Mr. Brandenburg responded that Mr. Cordani
would work with the City Manager to determine the site, which would not be on this property.
Mr. Glidden also questioned whether staff was comfortable with the language requiring the fire
station to which staff responded that the language had been written so that the City would have
the opportunity to approve the design of the substation, and that the proposed 2000 square feet
would provide an adequate facility. Chairman Ornstein clarified that this building would have
to be completed and turned over to the City before the first C.O. was issued Mr. William
Mignogna stated that the letter from the Fish and Game Commission indicated they had a
problem with the location of the wildlife crossing, to which Mr. Jim Schnelle, Environmental
Consultant, responded that the areas of passage were large enough for the species currently on
the property, and therefore that was not a concern.
Chairman Ornstein declared the public Hearing Open for Petition PCD -94 -01.
Beth Cocanougher, a representative of Pratt Whitney, commented that Pratt Whitney would
like the City to adopt a policy similar to that of Palm Beach County that the City would like
Pratt Whitney to remain in its present location in a predominantly industrial area, and
neighborhoods located close would do a little more than take notice that Pratt Whitney was
located nearby, and would acknowledge the fact that a lot of noise would be made and that
they would accept it. Therefore Pratt Whitney was asking for the proposed restrictive covenant
to allow Pratt Whitney to conduct any lawful activities which would be binding on successive
homeowners and asking the City to require this as a condition of approval to give Pratt Whitney
more force. Mr. Glidden questioned whether any similar restrictive covenants had been
required in other outlying developments to which City Attorney Baird responded he was not
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Planning & Zoning Commission Minutes
• October 11, 1994
aware of any in Palm Beach Gardens, however, other dties had used restrictive covenants as
a means to put property owners on notice of various activities, not just noise or airports. Mr.
Glidden questioned whether there had been any problems that Pratt Whitney had encountered
because of the noise to which Ms. Cocanougher responded that there had been complaints but
what they are doing is legal. Mr. Mignogna asked whether there were any restrictive covenants
in the Caloosa development, and was told by Ms. Cocanougher that Pratt Whitney had not had
this level of concern when that development was built. Chairman Ornstein stated that his
concern was with the City trying to enforce private agreements and getting in the middle by
monitoring complaints. Ms. Cocanougher stated that a letter had been sent that day to City
Attorney Baird which stated Pratt Whitney did not expect the City to provide enforcement.
Kathleen Brennan, Palm Beach County Department of Environmental Resources Management,
spoke of their concerns with several golf course fairways together and placement of the
clubhouse and the maintenance fadlity being dose together, which might not provide the
proper access for animals through the wildlife corridor. She stated that DERM had questioned
how golfers would get from one fairway to another when they were separated by wetlands, and
that needed to be addressed. Ms. Brennan commented that this project was a part of the
Governor's greenways and wildlife corridor and her organization would like to see those areas
kept for the free movement of wildlife from one area to another. Chairman Ornstein stated
that approval of all applicable agencies was required as a condition of this project, and that the
wildlife corridor would have to be provided
• There being no other comments from the public, Chairman Ornstein declared the public
hearing closed
Motion:
Ms. Diane Carlin made a motion to recommend approval of the above mentioned petition to
City Council with the following staff conditions:
1. No land alteration (including clearing), construction, or signage may be conducted prior
to a site plan approval.
2. All parcels, including the golf course, must undergo site plan review as required by
Chapter 159.026 before a development order is issued Each parcel shall receive final
Site Plan approval by the City Council.
3. The developer, or successor, shall acquire and convey marketable title, at no cost to the
City, a 15 acre park site. The developer shall acquire such park site in the general
vicinity of the Project, but will in any event provide a site in the western portions of
Palm Beach Gardens. The site shall be dry, and accessible to roads and utilities, and
suitable for use as a park site, and shall be approved in advance by the City Manager.
The developer shall acquire and convey said park site to the City prior to the issuance
of the first building permit for the Project.
4. (a) The developer, or successor, shall provide, at no cost to the City, a 2.5 acre public
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Planning & Zoning Commission Minutes
• October 11, 1994
safety substation site and shall construct thereon a 2,000 square foot
police /fire /emergency medical substation building. The building design shall be
acceptable to staff and the Planning & Zoning Commission and receive site plan
approval by the City Council.
(b) The developer shall be responsible for locating the site and preparing a conceptual
plan and submitting site plans and construction drawings for approval per City
procedures. The location shall be selected to provide a response time to the Project
consistent with the City's Comprehensive Plan and overall public service provision plans.
The site shall be selected, the building designed and constructed, and provided to the
City prior to the issuance of the first certificate of occupancy.
5. The developer, or successor, shall provide to the City a cash contribution in the amount
of $60,000 for the capital costs of public safety equipment. This contribution shall be
paid prior to issuance of the building permit for the public safety substation.
6. The entryway guard house shall be equipped with a map board which depicts the source
of emergency calls. Security officers shall be cross trained with basic emergency medical
skills.
7. All structures within the Project shall be sprinkled.
9 8. The applicant shall flag and survey wetland areas to be impacted for review by
regulatory agencies and the Department at the time of environmental permit application.
9. The applicant shall file environmental permit applications with USACOE, PBC DERM,
DEP and SFWMD, and all other applicable agencies, and provide approved applications
for surface water management and wetland resource permits to the Department for
reference and review prior to approval of construction drawings or commencement of
land alteration, whichever occurs first.
10. Any preserve area modifications resulting from regulatory agency permit approval
process shall be brought back for review and modification by the Department and City
Council prior to commencement of land alteration/construction.
11. The proposed project shall be micro -sited to ensure the protection of listed plant and
animal species, ensure that the highest quality wetlands and uplands are preserved intact
and ensure that an adequate buffer is maintained around all preserved wetlands.
Certification shall be required from the applicant's landscape architect and/or
environmental consultant stating the highest quality preserve and buffer areas and all
listed plant and animal species have been maintained on -site within a functional
ecosystem This certification shall be submitted with each Site Plan application.
12. Development pod, golf course and cart path topographic elevations shall be provided
with each Site Plan to demonstrate 'edge effects' and how development will interface
with preservation areas.
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• October 11, 1994
13. Lands to be set aside in preserve areas shall be:
(a)
Preserved in viable condition, with intact canopy, understory, and ground cover,
and maintained without infringement by drainage or utility easements.
(b)
Platted as separate parcels of land.
(c)
One hundred (100%) percent protected from alteration during site
construction.
(d)
Consistent with South Florida Water Management District regulations, a
minimum fifteen (15) foot upland buffer composed of native vegetation shall be
preserved or established around wetland areas landward from the edge of the
wetland in all places and shall average twenty -five (25) feet on width from the
landward edge of the wetland.
(e)
Invasive non - native vegetation (e.g., Brazilian Pepper, Australian Pine and
Melaleuca), except as otherwise authorized by the City, shall be removed by the
developer at the time of development of the site.
(f)
Alteration within the preserve shall require Department approval, and shall be
limited to:
(i) the construction of boardwalks, pervious walkways, and other
passive recreational or educational facilities;
(ii) the construction of firebreaks, fire lanes, or fence lines; and the
removal of invasive non - native species and their replacement with
native species. The use of native plant communities, existing roads
•
and trails, etc., as firebreaks is preferred to the construction of new
access roads or fire lanes, which would result in the introduction
and spread of invasive non - native plant species.
14. The applicant shall provide to the Department prior to approval of construction
drawings or commencement of land alteration, whichever occurs first, a management
plan for golf course construction to ensure Best Management Practices are incorporated
to eliminate the potential for nutrient laden runoff into the wetlands. Techniques may
include spreader - swale, inverted fairways, etc.
15. A management plan of the preservation areas shall be prepared by the developer and/or
entity responsible for management of said area, and shall include, but not be limited to,
long -term protection of the preserve /conservation area, continued removal of and
protection from litter and debris, avoidance of activities or land alteration which may
disturb the preserve area, eradication and continued monitoring and removal of invasive
non - native plant species, control of off -road vehicles, and maintenance of hydrological
requirements. Periodic prescribed burning or other mechanical methods that would
simulate the natural processes of the natural historic fire regime may be required for
some areas; and shall be approved, pursuant to this section, by the Department, before
final approval of construction drawings or commencement of land alteration, whichever
occurs first, and/or incorporation into the City as a conservation area, open space,
greenway, or wildlife corridor.
For those lands identified for preserve status, appropriate deed restrictions shall be
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October 11, 1994
placed on said lands and recorded in the public records of Palm Beach County.
The perpetual maintenance and protection of designated preserve areas shall be
established by a legally- binding, recorded instrument, which shall be reviewed and
approved by the City Attorney. Such instrument may include:
(a) Utilization of Chapter 704.06, Florida Statues, regarding the
use of conservation easements, provided a suitable means
for maintenance and protection of such areas is established,
or
(b) Dedication of the preserve area to a suitable public agency,
with approval of the City Council, or
(c) Retention of the preserve area by a homeowner's or
propertyowner's association under the following conditions:
(1) Such preserve area shall remain undivided and no lot
unit owner or any other person shall bring any action
for partition or division of any part thereo£ Each lot
or unit owner's undivided interest shall be preserved,
protected, and maintained through recorded
covenants running with the land or developer's
agreement. Title of such area shall be encumbered
for the perpetual benefit of the public generally, and
all future use shall be consistent with the
preservation space intent and purpose; and
(2) A stated obligation on behalf of the association to
pay for the cost of care and maintenance of all
preserve areas, and
(3) A management plan shall be incorporated into the
association documents prior to final approval of
construction drawings or commencement of land
alteration, whichever occurs first.
16. The landscape and irrigation plans for the roadway beautification of the property
fronting the Beeline Highway, including the median and west side, shall be submitted
to the City and approved with the first Site Plan approval. The landscaping and
irrigation of the Beeline Highway shall be installed prior to the issuance of the building
permit for the 50th unit. The maintenance of said landscaping shall be the responsibility
of the Gardens Country Club HOA.
17. The landscape and irrigation plans for the golf course shall be submitted and approved
by the City as a component of the golf course site plan approval.
18. Areas that have been allowed to have vegetation or ground cover removed pursuant to
the approved site plan, and subsequently abandoned for any reason for more than three
months, shall be seeded with a ground cover or grass immediately upon request by the
City or the City shall have the work clone at the owner's expense.
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• October 11, 1994
19. Prior to dearing or construction, trees or native areas designated for preservation shall
be tagged or roped -off. Prior to land clearing, the developer shall erect and
maintain protective barriers around the drip line of the trees to be protected. All work
shall be inspected and approved by the Landscape Architect of Record and the City
Forester prior to the issuance of any Building Department permit requiring land
clearing. Section 153.20 shall also be enforced during construction.
20. All tree protection/relocation and landscape work shall be performed using current
professional landscaping standards. The Landscape Architect of Record shall
monitor all tree protection efforts, all tree relocation work, all landscaping work, and
any work that affects the outcome of the approved landscape plans. The Landscape
Architect of Record shall notify the City prior to any modifications to the approved
landscape plan.
21. All trees or plants designed for preservation/relocation that die during construction or
because of construction practices shall replaced using the following schedule: For every
inch of tree caliper lost, three inches of new tree caliper shall be replaced with like
specie. The minimum replacement tree shall be three inches in diameter. Palms shall
be replaced with like specie one for one with a minimum 10' height. Shrubs shall
be replaced with like specie one for one with a minimum 30" height. If the site can not
support the total number of replacement trees as required above, City Council may
permit the developer to donate excess trees to the City for planting on public lands.
• 22. Project shall abide by Resolution 2, 1993, which requires, prior to filing of the plat, the
petitioner shall post a bond for the installation of the infrastructure including the
common and project landscaping/buffer and entry feature.
23. Detailed perimeter landscape buffer plans, consistent with the conceptual plans dated
8/25/94 by Howard F. Ostrout Jr., and Associates shall be submitted and approved by
the City Council (with recommendations from the P & Z Commission) prior to submittal
of the first Site Plan. All perimeter buffers shall be installed at the time the golf course
is constructed and shall be completed prior to C.O. of the clubhouse.
24. The eradication of any invasive exotic (prohibited) plants within the proposed wetland
preserves, upland preserves, perimeter buffers and golf course shall be conducted during
the construction of Phase I, and shall ,be completed prior to the opening of the golf
course /C.O. of the clubhouse, whichever occurs first. The eradication of the invasive
exotic plants within the parcel A though N shall be conducted during construction of
each parcel.
25. Littoral planting shall be conducted on lakes whose water surface is larger than one acre
in size. At least 50% of the shoreline shall be planted with wetland trees and/or aquatic
plants at ten square feet of littoral zone for every one linear foot of shoreline. There
shall be a minimum of one tree for every 80 square feet of littoral area. Landscape
plans for littoral zones shall be submitted and approved by the City prior to the first Site
Plan. All littoral zone planting shall be installed at the time the golf course is
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Planning & Zoning Commission Minutes
• October 11, 1994
constructed.
26. Internal spine road right -of -ways, cul-de -sacs, medians and entry feature shall be
landscaped and irrigated. Landscape plans shall be submitted and approved by the City
prior to prior to the first Site Plan.
27. Approval of the Florida Department of Transportation shall be received on the
operation and design of the Project driveway/Beeline Highway intersection. This
approval shall be received by the City as a comment of the entry feature Site Plan
application. The design of improvements, notably turn lanes, shall be reviewed as a
component of this application.
28. A railroad gate and traffic control device at the intersection of the Project entry and
Beeline Highway shall be installed and operating prior to the first C.O.
29. Art in Public Places shall be a requirement of the golf course clubhouse per the
applicable code requirements.
30. A copy of a fully executed 'Seacoast Utility Authority Commitment for Public Water
and/or Sewer Service" for the project must be delivered to the City within 30 days of
approval of the PCD. If the commitment is not delivered within the 30-day period, the
PCD development order shall be null and void.
• 31. Each parcel within the Planned Community District shall have the recordation of the
plat(s), the installation of all infrastructure and common landscaping prior to the
buildout period of the Planned Community District as referenced in its Traffic Impact
Analysis (the year 2001). The first plat shall be recorded within 24 months from the
approval of the Planned Community District. Each subsequent phase shall be platted
within 24 months from the previous phase, however, in no case shall the completion of
the Project exceed the buildout of the Planned Community District as referenced in the
Traffic Impact Analysis (the year 2001). If any phase exceeds the 24 -month period, then
the PCD Development Order becomes null and void.
32. Full disclosure shall be provided to potential homeowners that the project is located
within two miles of an airport and three miles of a jet engine testing facility.
Additional disclosure language is to be added to this condition ( #32) as agreed to by
the City staff, City Attorney, the petitioner, and the attorney for the petitioner.
The motion was seconded by Mr. William Mignogna, and was unanimously approved by a 6-0
vote.
Public Hearing and Recommendation to City Council: Petition DRI- 94-03, by Hank Skokowski,
agent for Martin Fein Interests, Inc., for an amendment to the PGA National Resort
Community DRI to change 20 acres of the Commerce Park to residential land use for
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i October 11, 1994
apartments. (Section 1542S -42E)
Ms. Kim Glas- Castro reviewed the staff report dated October 7, 1994.
Chairman Ornstein commented on the importance of this issue since it would affect the
economic future of the City. Mr. Dennis Foltz explained the City must maintain a certain
inventory of land designated for industrial use. Discussion ensued regarding density, and the
usability of industrial lands to the west.
Mr. Hank Skokowski, agent for Martin Fein Interests, Inc., darified that notification
requirements had been met and addressed major concerns, explaining that (1) the Jog Road
issue would not be affected by this amendment and he planned to obtain a letter from an
attorney with the State which would verify that; (2) that the Planning and Zoning Commission
would not make a decision but a recommendation to City Council who would consider the issue
at their next meeting; (3) that this project would not be subsidized and the proposed density
would not make it an affordable housing project (rents would average $1,000 per month and
would predominately be young professionals with smaller percentages of empty nesters, two -
income couples, young couples with small children, newly divorced individuals, and trust
babies); and (4) that PGA National golf memberships would be limited to 50 for this project.
Mr. Skokowski presented a graphic to show the existing approved uses within PGA National,
and explained that this request was to take 20 acres out of the approved 360,000 square feet
• of industrial use and designate that 20 acres as residential. He explained that the original
guidelines for what types of density mixes should be within PGA National were zero to five
units per acre, 5 to ten units per acre, and ten to fifteen units per acre, with the high density
category originally antidpated for not more than 20% now at only six percent without this
project. The high density category would only be raised to 8% with this project. Chairman
Ornstein commented that more buildings would exist on the property under the proposed
residential use than the current industrial use and that apartments of only 1000 square feet
would not be luxury apartments, and did not believe the City could afford to lose the industrial
lands. Mr. Skokowski explained the apartments would range from 750 to 1350 square feet
within five different building types.
After a discussion of traffic patterns during peak hours, Mr. Skokowski concluded that the
original intent of the industrial property within PGA National was an upscale employment
center of a commerce nature, which had not happened, and suggested that an upscale
apartment project of the quality proposed would be more characteristic of PGA National, and
would attract young professionals employed in medical professions.
Mr. Skokowski responded to Mr. Glidden that there would be a pedestrian/bicycle link to the
park, but not a road. Mr. Glidden and Mr. Pastore questioned the traffic pattern and Mr.
Glidden suggested limiting the type of function for the building located immediately opposite
the proposed apartment complex.
Chairman Ornstein declared the public hearing open for Petition DRI 94 -03.
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• October 11, 1994
Dr. Milton Stern reported he had attended a meeting that afternoon where he had learned
from the Ecdestone organization that the Martin Fein Interests, Inc. company was a very
reputable, respected company and urged the residents not to respond positively or negatively
until this matter was considered at the City Council meeting, so that this information could be
verified, along with the information that this project would have no effect on the Jog Road
issue.
Mr. John Timmel spoke urging denial of the petition unless and until final approval had been
received that Ryder Cup Boulevard would remain as it is today. City Attorney Baird gave his
opinion that the two matters did not affect each other, however whether the Department of
Community Affairs would keep them completely separate could not be known, and Planning
and Zoning Director Walton reported at a recent meeting of Treasure Coast Regional Planning
Council Jog Road had been discussed and this project had been mentioned, and the City had
in effect been chastised since in good faith the number of units was to have been kept at 5400.
A neighbor of Mr. Timmel stated that commitment had been fulfilled when density was
reduced, and that some people were still very opposed to Jog Road and would believe the City
was going back on its word if density were increased. Cal Schwartz of PGA National
commented the industrial use area was a very complimentary use and apartment units would
be detrimental to PGA, and there was a waiting list for golf dub memberships so that taking
fifty memberships away for this project would be a hardship for those waiting for a membership.
Bill Ingram stated he had rented in PGA National for eight years and there were currently a
lot of renters in PGA National. He stated he believed the decision should be made whether
• apartments were wanted or not and whether it was a social issue. Another resident expressed
concern that the Master Plan would be changed by this petition. Rhona Packett questioned
why the POA had chosen not to notify the PGA residents of this matter. Chairman Ornstein
advised her to send them a letter. Richard Gottlieb asked everyone to think about the issues
of length of leases on the apartments, whether they would be sublet, and the fact that a
different type of people might be renters other than the types mentioned by Mr. SkokowskL
Another resident asked for an explanation of DRI and the definition of substantial deviation,
which was explained by Chairman Ornstein.
Chairman Ornstein declared the Public Hearing dosed.
Mr. Lyddon stated his opinion was that this was a substantial deviation and from a planning
standpoint taking away the industrial classification would not be proper. Mr. Mignogna stated
he did not believe this was a substantial deviation and would agree approving the petition. Mr.
Glidden offered his opinion that the City should resolve the DRI issue and that any approval
of this petition should be subject to resolving that it is not in conflict with the Jog Road issue,
but that he would not object to changing the industrial to a residential use with language
included that the remaining vacant parcel be developed in a very compatible nature and that
the project entrance be moved as far west as possible to mini.nrize traffic conflicts. Mr. Pastore
commented he accepted the staff determination that this was not a substantial deviation and
that even though the developer had stated he planned to obtain confirmation from the State
of Florida and applicable agencies that there would be no conflict with Jog Road, he was not
in favor of ganging the designation from industrial to residential use. Ms. Carlin also stated
agreement with staff regarding no substantial deviation but she did have a problem with
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Planning & Zoning Commission Minutes
• October 11, 1994
changing the zoning. Chairman Ornstein also agreed this was not a substantial deviation,
however expressed concern that if it were not considered a major deviation that it could alter
the Jog Road situation and that recommendation to City Council should be that they not
approve this without iron -clad evidence that approval would not affect Jog Road, or delay
approval until after Jog Road approval was final.
After discussion, the Commission took the following action:
Motion #1•
Mr. Jeffrey Ornstein made a motion to recommend to the City Council that this petition was
not a substantial deviation from the DRI Development Order. However, it was also
recommended that the City Council defer from further processing of the petition until
assurance is received from the State of Florida that the project will not be considered a part
of or related to the present application of the Jog Road changes.
Mr. John Glidden seconded the motion. The motion was approved with a 5 -1 vote with Mr.
Phillip Lyddon voting 'No ".
Motion #2•
Mr. Phillip Lyddon made a motion to recommend to the City Council that it deny the rezoning
• of the above referenced property from Industrial use to Residential use.
Ms. Diane Carlin seconded the motion. The motion to recommend denial of this petition was
approved with a 4 -2 vote, with Mr. William Mignogna and Mr. John Glidden being opposed
to the motion.
OLD BUSINESS
None.
NEW BUSINESS
None.
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• October 11, 1994
•
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:30 p.m. The next meeting
will be held October 25, 1994.
Diane Carlino
et
Daniel Honig
(Absent)
Miciael Posner
nN
Mw dd- -
WRIA
ri��:� • f it . t "
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(Absent)
Carl Sabatello, Chairman -Elect
Phillip Lyddon
William Mignogna
Thomas Pastore, Alternate
r I _
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NOV- 17 —'94 THU 17:15 ID:OLIVER GLIDDEN TEL NO:407- 684 -6890 #059 P01
OLIVER ' OLIDDEN & PARTNERS
ARCHITECTS & PLANNERS, INC.
1401 FORAM WAY, SUITE 100
WEST PALM BEACH, FLORIDA 33401
407 •684 -6841 1 FAX 407 - 684 -6890
October 3, 1994
Jeffrey Ornstein
Chairman
Palm Beach Gardens Planning & Zoning Commission
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Dear Mr. Ornstein:
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Thank you very much for my recent appointment as an Alternate Member of the Planning and
Zoning Commission. I look forward to serving the City in this capacity. With respect to the
September 13, 1994 meeting, I wanted to point out that I was out of town out and I did not
receive written notification of my appointment until after I had already left, therefore, I was not
aware of the meeting. I presume that this would nullify any "absent" designation for that
meeting. Furthermore, I wanted to advise you of my schedule relative to the end of November
and the end of December, I will be out of town for the November 22, 1994 and December 27,
1994 meetings.
I would also appreciate being provided with whatever written information is currently available
regarding the rules and regulations of the Commission including information relating to the
procedures for conflicts of interest should that situation arise In the future.
Thank you again for the opportunity.
Very truly yours,
Principal
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m e m b e r s of t h e a m e r i can institute of architects