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HomeMy WebLinkAboutMinutes P&Z 091493CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION SEPTEMBER 14, 1993 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 and present were: Chairman Jeffrey Ornstein, Vice Chairman Joseph Hamzy, Members Carl Sabatello, Daniel Honig, and Diane Carlino. Absent were Members Phillip Lyddon and Alan Strassler. Also present was City Attorney Bill Brant. Council Liaison David Clark was not present. ANNOUNCEMENTS: is Chairman Ornstein announced the resignation of Mr. Domenick Lioce from the Planning and Zoning Commission due to conflicts. Chairman Ornstein announced the appointment of Ms. Diane Carlino as a full member of the Planning and Zoning Commission. APPROVAL OF MINUTES: Minutes of August 10, 1993: Ms. Diane Carlino made a motion, seconded by Mr. Joseph Hamzy, to approve the minutes of the August 10, 1993, Planning and Zoning Commission Meeting. The motion was unanimously approved by a 5 -0 vote. Minutes of August 24, 1993: Mr. Carl Sabatello made a motion, seconded by Chairman Ornstein, to approve the minutes of the August 24, 1993, Planning and Zoning Commission • Meeting. The motion was approved by a 2 -0 vote with Mr. Hamzy, Mr. Honig, and Ms. Minutes - Planning & Zoning Commission Meeting Page 2 September 14, 1993 Carlino abstaining. PLANNING AND ZONING COMMISSION PUBLIC HEARING: Petition CU- 93 -05, by George Kelly, General Partner of Burns Road Associates, Ltd., for Conditional Use approval for a security apartment at the Palm Beach Gardens Business Park. Located on the north side of Burns Road immediately west of Interstate 95. (12- 42S -42E) Mr. Bristol Ellington, Planner, reviewed the staff report dated September 9, 1993,. Chairman Ornstein opened the Public Hearing. Upon hearing no public comments on this petition, Chairman Ornstein closed the Public Hearing. Motion: • Mr. Carl Sabatello made a motion, seconded by Mr. Joseph Hamzy, to approve the above referenced petition. The motion was unanimously approved by a 5 -0 vote. PUBLIC HEARING: Petition Z- 92 -03, by Timothy Hernandez, agent for Pulte Homes, Contract Purchaser, to rezone a 80.13 -acre site from the Palm Beach County zoning designation of AR, Agricultural Residential to the City's designation of PUD, Planned Unit Development and site plan approval for the construction of 184 single - family detached and zero lot -line residential homes. This site is located approximately 1,350 feet west of Prosperity Farms Road, immediately west of Crystal Point residential subdivision. (29 -41S- 43E) Mr. Bristol Ellington, Planner, reviewed the staff report dated September 9, 1993, and noted that items #15 & #16 in the staff report dated September 9, 1993, would be revised to include "trees ". In response to a comment from Mr. Carl Sabatello, Mr. Ellington stated the reference to 0 sidewalks under item #9 of the staff report would be deleted since this was covered under Minutes - Planning & Zoning Commission Meeting Page 3 • September 14, 1993 item #12. In response to a question from Mr. Daniel Honig, Mr. Ellington stated Flamingo Road would be a County road. (Chairman Ornstein stated the record should reflect that Mr. Daniel Honig left the meeting at 7:45 p.m. and returned at 7:50 p.m., but a quorum still remained.) Chairman Ornstein stated he would like the City to require the 8 -foot asphalt sidewalk to be concrete rather than asphalt. Mr. Brant stated the City would have no control over the County's right -of -way, but the request for such a condition could be made. Mr. Tim Hernandez of Pulte Homes stated users preferred asphalt for bike paths since there were • no joints. Chairman Ornstein opened the Public Hearing for Petition Z- 92 -03. Mr. George Murphy of Frenchman's Creek spoke regarding the height of the homes and requested they be less than 36 feet. Mr. Hernandez commented the market determined whether a higher roof pitch was desirable. Chairman Ornstein responded the petitioner could request an amendment to the petition later if they so desired. Following discussion and comments by Mr. Hernandez, the Commission decided an additional condition would be added which would limit the height of the buildings on Lots 58 -84 to a maximum height 32 feet. Further, Mr. Murphy inquired about police protection for the property, and Chairman Ornstein responded that Police Chief FitzGerald stated there would be no problem in providing service for the property and that the response time falls within the • guidelines of the Comprehensive Plan. Minutes - Planning & Zoning Commission Meeting Page 4 • September 14, 1993 Dr. Jerry Stanton, 626 -6654, of Crystal Point stated Pulte Homes builds beautiful homes. However, he said, when they built his home in Crystal Point he was out of the country, and when he returned he discovered a number of building problems and discrepancies from what had been agreed upon. Further, he stated his roof leaked, and the builder had not corrected the problem. Mr. Sheldon Haas of Crystal Point inquired about grading and drainage of the roadway, and Chairman Ornstein responded these aspects had been reviewed by County Engineering prior to their approving and signing off on the road. Mr. Haas stated the lack of lighting along the roadway had been a major problem in Crystal Point, and the homeowners had installed • street lights at their own expense. He also stated the road had no striping or reflectors. Mr. Ornstein responded since it was still a County road, the City could not place conditions upon the road. Mr. Ornstein stated the City Engineer would be requested to ask the County Engineer to consider the installation of these improvements to the roadway. Discussion ensued concerning the drainage and landscaping of the roadway. Chairman Ornstein closed the Public Hearing. In response to a question from Mr. Honig, Mr. Tim Hernandez gave some background information concerning the problems Dr. Stanton had experienced with Pulte Homes and and stated Dr. Stanton had not responded to offers from their service representatives. Motion: Mr. Carl Sabatello made a motion for recommendation of approval to City Council for the • above referenced petition with the following conditions: Minutes - Planning & Zoning Commission Meeting • September 14, 1993 Page 5 1. A northbound left -turn lane onto Flamingo Road from Prosperity Farms Road shall be constructed prior to issuance of the first Certificate of Occupancy. 2. The construction of the Flamingo Road extension as shown on the approved master development plans shall be constructed, landscaped, irrigated and open to the public prior to the issuance of first Certificate of Occupancy. 3. The petitioner shall pay $150,000 in Recreational Impact fees prior to the issuance of the first building permit. 4. The trunks of all new laurel oaks shall be positioned at least 12 feet from any Seacoast Utility Authority water and wastewater lines. 5. Prior to clearing or construction, trees designated for preservation shall be tagged. 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 City Forester prior to the issuance of any Building Department permit requiring land clearing. Section 153.50 • (Tree Protection) paragraphs B,C and D shall also be enforced during construction. 6. 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 landscaping plans. The Landscape Architect of Record shall notify the City prior to any modifications to the approved landscape plan. 7. All trees designated for preservation that die during construction or because of construction practices shall be 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. 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. 8. Prior to the issuance of the Certificate of Occupancy the Landscape Architect of record shall certify in writing to the City that the landscaping has been completed per the approved landscape plans. Any changes to the approved landscape plans shall be approved by the Planning and Zoning Commission or 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, Minutes - Planning & Zoning Commission Meeting Page 6 • September 14, 1993 the City Building Department shall be notified. 9. Street trees and sidewalks and all associated lot landscaping, and any common area landscaping adjacent to said lot shall be installed prior to the Certificate of Occupancy of said lot. Prior to final sign -off, the Landscape Architect of Record shall inspect and certify that all required landscaping is in compliance with the approved landscape plan(s). The City Forester shall approve (sign -off), on these areas as they are completed. 10. Per Section 153.20 of the City's Landscape Code, all new landscaping, including along Flamingo Road, shall be 100% irrigated. 11. The project shall comply with Resolution 2, 1993, which requires, prior to the 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 features. 12. The 4 -foot concrete sidewalk within the development shall be constructed prior to the issuance of the Certificate of Occupancy of the adjacent lot. The construction • of the entire sidewalk system shall be completed prior to the issuance of the final Certificate of Occupancy. 13. 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. 14. The applicant shall file environmental permit applications with USACOE, PBC DERM, DEP and SFWMD and provide findings to the Department for reference and review prior to approval of construction drawings or commencement of land alteration, whichever occurs first. 15. The applicant shall take extreme caution when filling in and around trees and preservation areas to ensure the protection of the root zone and canopy drip line area. No changes in pH and topography /drainage may result in disturbance or destruction of the preserve area. Protection of trees, preserve and buffer areas shall be monitored by applicant's landscape architect and /or environmental consultant during land alteration /construction activities. 16. The proposed project shall be micro -sited to ensure the protection of trees, 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 Minutes - Planning & Zoning Commission Meeting • September 14, 1993 Page 7 architect and /or environmental consultant stating the highest quality trees, 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 prior to commencement of land alteration /construction. 17. There shall be a maximum building height restriction of 32 feet for Lots 58 through 84. 18. The 8 -foot wide asphalt pathway on Flamingo Road shall be changed to a concrete 8 -foot wide pathway and shall be constructed along the north right -of -way line from Prosperity Farms Road to the most westerly end of Flamingo Road. The motion was seconded by Diane Carlino. The motion was unanimously approved by a vote of 5 -0. PUBLIC HEARING: Petition Z- 92 -04, by Scott Bennewitz, agent for M/I Homes, Contract • Purchaser, to rezone a 56 -acre site from the Palm Beach County zoning designation of AR, Agricultural Residential to the City's designation of PUD, Planned Unit Development and site plan approval for the construction of 185 single- family detached and zero lot -line residential homes. This site is located a quarter of a mile north of PGA Boulevard on the east side of Central Boulevard. (2- 42S -42E) Mr. Bristol Ellington, Planner, reviewed the staff report dated September 9, 1993, and stated staff was recommending the Public Hearing be continued to the September 28, 1993, Planning and Zoning Commission meeting in order to have time to review recently submitted landscape plans for the Parkway Corridor. Mr. Jim Schnelle, Environmental Consultant, reviewed his letter dated September 9, 1993, and discussion ensued regarding the Upland Preserve Area Habitat /Viability and the Gopher Tortoise Re- Survey. Attorney Martin Perry, representing the applicant, reviewed the process to date and noted • there had been numerous workshops and meetings with the residents of Shady Lakes and Minutes - Planning & Zoning Commission Meeting Page 8 September 14, 1993 that an accord had been reached with them. Mr. Scott Bennewitz, Gee and Jenson, addressed the Commission and pointed out the changes which had been made to the plans since the original submittal. Discussion ensued concerning the drainage and runoff from the property. Mr. Brett Nein, Landscape Architect with Gee & Jenson, gave an overview of the landscaping and displayed a drawing of the entrance detail, a drawing of the 50 -foot buffer, and photos of existing homes which had landscaping similar to that planned for Bent Tree. Mr. Joseph Hamzy asked for clarification of the location of the wall along the Central Boulevard easement, and how it relates to the 12 -foot pathway. Mr. Nein responded the • current plan which had been submitted showed the addition of the 4 -foot walkway to the west of the existing 8 -foot walkway for a total of 12 feet. Mr. Richard Walton, Director, Planning and Zoning Department, stated in order to be consistent with the Parkway Plan, there was a requirement for a 15 -foot grassed area between the curb and the pathway in addition to the 12 -foot path. Responding to a question from Mr. Hamzy, Mr. Nein stated the entrance wall would be placed in front of the fenced retention area. In response to another question from Mr. Hamzy, Mr. Bennewitz stated the drainage easements were excluded from the calculations for the upland preserve areas. Both Mr. Hamzy and Mr. Ornstein stated there should be a letter from the permitting agency clarifying whether a wall and landscaping could be placed in the easement to ensure there are no problems with the entrance to the is development. Minutes - Planning & Zoning Commission Meeting Page 9 • September 14, 1993 Discussion ensued concerning the landscaping around the large lake. Mr. Hamzy stated he did not believe there was enough rear setback for the units and there should be some assurance there is enough space between the property lines. The petitioner responded a 20- foot maintenance easement had been allocated for water management. Mr. Hamzy stated since some of the upland preserve areas were so small, precautions should be taken while maintaining the adjacent upland preserve areas to prevent damage to trees in the narrow green spaces. Regarding the disturbed wetlands and the tree location areas, Mr. Hamzy also stated he would like the wording "strengthened" by eliminating the word "possible" from "possible tree location areas ". 0 Mr. Martin Perry addressed the Commission concerning the gopher tortoise burrow survey. He stated the applicant will comply with the State law by submitting an additional burrow survey within a maximum of 30 days prior to the start of work on the project. Mr. Andy Bie addressed the Commission and discussion ensued concerning the relocation of the tortoises and the amount of preserve allowed for the habitat of the tortoises. In response to a question from Mr. Carl Sabatello concerning item #6 in the 9/9/93 staff report, Attorney Bill Brant stated both the plans and the supporting documents should contain language stating no adjacent units will have the same elevations and colors. Following comments from Mr. Carl Sabatello regarding the colors not coordinating with the numbers, it was the consensus of the Commission that color boards should be submitted showing the combination of colors which would be used, including roofing colors. • Mr. Sabatello clarified that the photos previously submitted would not become part of the Minutes - Planning & Zoning Commission Meeting Page 10 • September 14, 1993 official file since they were not photos of homes in Bent Tree but were only graphic illustrations. Mr. Perry noted the following items could be listed as conditions if the Commission so desired: the narrow 500 -foot strip would not be used for water impoundment purposes, and storage sheds would not be placed within the side yard setback. He also stated the proposed roadway drainage retention area on Central Boulevard is a common occurrence within the County and could be covered by a condition. Chairman Ornstein opened the Public Hearing. Ms. Sherry Zurek, 1023 Shady Lakes Circle, thanked the Commission for their support • during the past year and also thanked M/I Homes representatives for their help in revolving their differences. She distributed to the Commission a list of ongoing concerns which included the Shady Lakes homeowners request that the 50 -foot landscape buffer be installed in a timely fashion as a whole and complete project rather than being installed as each abutting home is built. She also requested that the landscaping be mature enough to provide adequate screening. In addition, she expressed concern about any drainage problems which might result as a result of the grading of the land. Following discussion of her request that the chain link fence in the buffer be green in color, it was the consensus of the Commission that a black fence would be less noticeable. She stated M/I Homes had promised the Shady Lakes homeowners there would be no sheds or accessory structures such as above ground pools erected on any of the lots. • Discussion ensued concerning the fence to be installed in the landscape buffer and Minutes - Planning & Zoning Commission Meeting • September 14, 1993 Page 11 Ms. Sally Truesdale, 5021 Whispering Hollow, questioned why the developers wanted a fence now since they did not want one originally, and Chairman Ornstein said that was not an issue to be addressed. Chairman Ornstein continued the Public Hearing to the September 28, 1993, Planning and Zoning Commission Meeting. Staff was directed by the Commission to compile a list of conditions for recommendation for approval of the project as follows: 1. Revise the development plans to reflect the following changes: * remove all reference to your proposed Trail /Pathway Corridor along Central Boulevard and add a note on the site plan referring to the Parkway Corridor • Plans on Sheets L -2, L -6 and L -7. These plans must be revised in accordance with City Forester Mark Hendrickson's 9/14/93 letter, faxed on 9/16/93 (attached); and * add a note to all development plans that the existing 8 -foot sidewalk along Central Boulevard will be increased to 12 feet in width. 2. The Commission requested that the landscaping within the 50 -foot buffer along the east boundary be installed at one time rather than as part of each lot's landscape package at time of home construction. Revise the note on Sheet L -1 accordingly. 3. A 5 -foot chain link fence should be installed along the east boundary rather than a 6 -foot fence. Revise Sheets L -1 and L -10 accordingly. 4. The emergency gate and entry gate details should note that the gates will be equipped with a KNOX key switch for emergency access. 5. The Commission questioned the means of preventing the rear yard maintenance of the preserve areas where lots are adjacent to preserve areas that are narrow in width. This matter should also be outlined in the Management Plan. NOTE: The Management Plan must be approved by the City Council at the time of • PUD approval. In addition, City Environmental Consultant James Schnelle has Minutes - Planning & Zoning Commission Meeting • September 14, 1993 Page 12 verbally requested from you more details regarding the upland preserve management plan. 6. Remove 'Possible" from the note stating 'Possible Tree Relocation Area" within the disturbed wetland. 7. Provide a color sample board, showing all color combinations, corresponding to your color schedule. 8. Delete the narrow strip between Lots 38 through 51 and Lots 63 through 72 from the upland preserve calculations. The Commission raised a concern with drainage within this area and indicated that they would not want a swale in this area. The Commission questioned whether this area could be filled in. Please clarify what type of tree protection /preservation will occur in this area. 9. The Commission requested that criteria be included in the Homeowner's Document which would regulate development standards such as prohibiting similar model and color packages from locating next to one another or directly across one another and • establishing setback criteria for temporary accessory structures (ie. storage sheds). Please provide a narrative outlining the criteria that would be included in the document to regulate the development standards. 10. The Commission questioned whether the proposed landscaping and entry wall is allowed in the easement on the Central Boulevard. The Commission requested sign - off from the controlling agency. Mr. Richard Walton stated two packages of new materials had been received from the petitioner after the public hearing was scheduled and after they had been asked to not submit new materials. He stated staff was presently reviewing those materials. Mr. Perry stated they had encountered problems when attempting to schedule meetings with Planning and Zoning staff and requested that direction be given to staff to meet with the petitioner to address any concerns. WORKSHOP MEETING: Petition TXT- 93 -03, by Susan Papenfuse, applicant, to amend the City of Palm Beach Gardens' Zoning Code, Section 159.086 CG -1, General Commercial • District, and all other applicable sections, to allow outdoor food sales as a conditional use • Minutes - Planning & Zoning Commission Meeting Page 13 September 14, 1993 in the CG -1 General Commercial zoning district. Mr. Bristol Ellington reviewed the staff reported dated September 9, 1993. Discussion ensued concerning the reason outdoor food sales are allowed in a PUD but not in straight zoning. Ms. Susan Papenfuse gave background information leading up to her request to locate her . hot dog vending cart outside the Home Depot located on Northlake Boulevard. Mr. Hamzy questioned the possibility of locating the cart inside the store, and Ms. Papenfuse stated there is a State law prohibiting that practice. Chairman Ornstein stated he did not wish to discuss Ms. Papenfuse's specific request since is the text amendment being considered concerned the entire City. Further, he stated he did not believe outdoor food sales were appropriate for the City of Palm Beach Gardens, and he did not see a compelling reason to change the Code to allow such sales. He also stated he was not in favor of having staff devote further time toward researching the issue since he would never be in favor of outdoor food sales. Ms. Diane Carlino stated she was not in favor of outdoor vendors. Chairman Ornstein stated the Commission must consider the entire City when acting on such requests since this would have an effect on all the major roadways in Palm Beach Gardens. Further, Mr. Ornstein stated spot zoning which would allow such a use at Home Depot only would be illegal under State law. Mr. Ornstein suggested that Ms. Papenfuse discuss her problem with Home Depot. • Mr. Honig suggested Ms. Papenfuse ask Home Depot to allow her to install her vending Minutes - Planning & Zoning Commission Meeting • September 14, 1993 cart in a store which was in the County where such uses are allowed. Page 14 Mr. Hamzy suggested Home Depot might allow such a cart in their garden shop area. Attorney Brant said this would not allowed since only the sale of garden shop materials were allowed. Motion: Chairman Ornstein made a motion to deny Petition TXT- 93 -03. The motion was seconded by Diane Carlino. The motion to deny this petition was unanimously approved by a vote of 5 -0. • WORKSHOP MEETING: Petition PUD- 93 -09, by Donaldson Hearing, agent for CTB Realty Ventures XVI, Inc., representing Palm Beach Community Church, XVI, Trustee, for Planned Unit Development approval for the construction of a 71,900 square foot church facility. Located on Lots 8, 9 & 12 of South Park Center Plat in the Northcorp Planned Community District. (1,12- 42S -42E & 1,6- 42S -43E) Bristol Ellington reviewed the staff report dated September 9, 1993. Mr. Bill Brant, City Attorney, commented on the concerns he had regarding a permanent, perpetual easement running with the land which would give evidence that the Church had a right to use such spaces for parking. k Discussion ensued concerning the proposed shared parking agreement for Lot 8. Chairman Ornstein stated he was opposed to the project unless the Church controlled or owned two - thirds of the total amount of parking required. Mr. Donaldson Hearing, representing the Palm Beach Community Church, stated the petitioner will have 950 spaces to be used by the Church and explained the concept of Minutes - Planning & Zoning Commission Meeting Page 15 • September 14, 1993 shared parking. He further stated the shared parking agreement will be permanent, perpetual, and will be an easement running with the land which will be recorded with the deed. In giving an overview of the project, Mr. Hearing stated no pre - school or daycare facilities are proposed. He explained that music and drama are an integral part of the Church's services. Also, he stated the Church presently meets in the Dwyer High School Auditorium in Palm Beach Gardens. Further, he discussed traffic circulation on the site, the architecture of the building, and parking. He stated that Palm Beach Community Church did not intend to hold services during business hours. • Dr. Raymond Underwood, Senior Pastor, Palm Beach Community Church, pointed out that on Lots 9 and 12 they have 213 spaces and that according to the City Code they are allowed 853 people there during business hours. He stated they would never have 853 people on site during business hours between 9 and 5 p.m. He stated that many funerals are held at night when more people can attend. Ms. Diane Carlino asked if other organizations would use the facilities at night and asked how the Church would fair financially. Dr. Underwood emphasized it was possible that other non - profit organizations might be allowed to use the facilities for such events as high school graduations, but these events would be held during the evening hours when there is surplus parking. Chairman Ornstein stated he believed the signage for the Church was too large and out of • character. Dr. Underwood stated there was poor visibility and believed signage was Minutes - Planning & Zoning Commission Meeting Page 16 • September 14, 1993 important so people could find it since it was only three stories high. Mr. Honig stated he believed shared parking was the main issue which needed to be addressed first before the project could be given further consideration. Chairman Ornstein stated the petitioner should return with a definitive, workable program which indicated they owned or controlled the parking area for perpetuity for 24 hours per day. Mr. Honig suggested an agreement which said there would never be more than 850 people present during business hours, and they would never utilize spaces other than those which they owned. • Mr. Hamzy stated he was concerned the church might fail financially, and the building would have to be used for other purposes during the day which would require additional parking. Additional discussion ensued concerning the shared parking. Mr. Nick Lioce, representing the property owner, stated this was an opportunity to avoid building another parking lot which would only be used on Sundays or evenings, but they would be willing to sell the Church enough property to build a parking lot if necessary. This item was continued to the meeting scheduled for October 12, 1993. 1 ' Minutes - Planning & Zoning Commission Meeting September 14, 1993 Page 17 ADJOURNMENT: There being no further business, the meeting was adjourned at 11:50 p.m. The next meeting will be held September 28, 1993. • Diane Carlino (absent) Phillip Lyddon Jac i Holloman, Secretary 0" September 1, 1993 RESOLUTION 108, 1993 A RESOLUTION OF THE CITY - COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION TO FILL THE UNEXPIRED TERM OF DOMENICK LIOCE; PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Pursuant to Section 32.51 of Chapter 32, Departments, Boards, and Commissions of Title III, Administration of the Palm Beach Gardens Code, DIANE CARLINO is hereby appointed as a regular member of the Planning and Zoning Commission to fill the unexpired term of Domenick Lioce, which term of office shall expire on November 16, 1993. Section 2. All Resolutions or parts of Resolutions in conflict herewith, are hereby repealed. Section 3. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS THE-2- -NOD— DAY OF, SEPTEMBER, 1993. / / R. RUSSO ATTEST: L N V. KOSIE , CMC, CITY CLERK VOTE AYE NAY ABSENT MAYOR RUSSO VICE MAYOR MONROE sl COUNCILMAN JABLIN _✓ _ COUNCILWOMAN FURTADO COUNCILMAN CLARK _� _ MASON, GILDAN, YEAGER, GERSON & WHITE, P.A. 4 N VIA FACSIMILES (407) 775 -$244 C& of Pat Linda Kosier, City Clerk AUG 3110 Town of Palm Beach Gardens PLANNING 10500 N. Military Trail. BONING Palm Beach Gardens, FL 33410 %",,- RE: Planning and Zoning Commission Dear Linda: KENNETH A. MARRA JQMN M. MCDIVITT NATHAN C. MASON MARK A. PACMMAN M, RICHARD SA pip GREGORY L. SCOTT JOHN WHITE II THOMAS J. YEAGER • After many enjoyable and fruitful years of service to the City on the Planning and Zoning Commission, I must, with great regret, resign my position effective immediately. Continued conflicts of both my schedule and my clients' interests have increasingly caused a reduction in my effectiveness in that position. Furthermore, 2 feel that after so many years, it is time to have someone new on the Hoard in my place. Again, I enjoyed very much working with the Planning and Zoning Commission, including all of the City staff. I wish everyone well and if there is anything I can ever do for the City in any regard, please do not hesitate to call me for that assistance. Sincerely yours, NASON, GIL . / ick R. Lioc DRL /g 1782n cc: Richard F. Walton Jeff Ornstein Each of the members of the Planning & Zoning Commission Each of the members of the City Counsel TOTAL P.02 ATTQF?NE`/5 AT LAW UNITED NATIONAL SANK TQWEQ 1645 PALM BEACH LAKES SOULIEVARO SUITE 1200 ALAN 1, ARMOUR. II • WEST PALM BEACH, FLORIDA 33401 .0WA470 J. FALCON GARY N. GERSON HEQBEQT L. GILDAN TELEPHONE (407) 686.3307 PHILLIP C. GILDAN TELL'FAX (407) 688.5442 ELAINE J• JAMES SUSAN F'LEI5CHNPR KORNSPAN DOMENICK R. LIQCE STEP. F_N N, LIPTON August 31, 1993 4 N VIA FACSIMILES (407) 775 -$244 C& of Pat Linda Kosier, City Clerk AUG 3110 Town of Palm Beach Gardens PLANNING 10500 N. Military Trail. BONING Palm Beach Gardens, FL 33410 %",,- RE: Planning and Zoning Commission Dear Linda: KENNETH A. MARRA JQMN M. MCDIVITT NATHAN C. MASON MARK A. PACMMAN M, RICHARD SA pip GREGORY L. SCOTT JOHN WHITE II THOMAS J. YEAGER • After many enjoyable and fruitful years of service to the City on the Planning and Zoning Commission, I must, with great regret, resign my position effective immediately. Continued conflicts of both my schedule and my clients' interests have increasingly caused a reduction in my effectiveness in that position. Furthermore, 2 feel that after so many years, it is time to have someone new on the Hoard in my place. Again, I enjoyed very much working with the Planning and Zoning Commission, including all of the City staff. I wish everyone well and if there is anything I can ever do for the City in any regard, please do not hesitate to call me for that assistance. Sincerely yours, NASON, GIL . / ick R. Lioc DRL /g 1782n cc: Richard F. Walton Jeff Ornstein Each of the members of the Planning & Zoning Commission Each of the members of the City Counsel TOTAL P.02 MASON, GILDAN, YEAGER, GERSON & WHITE, P.A. 0 Palm Beach Gardens Planning and Zoning Attention: Jackie Holloman 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Dear Jackie: KENNETH A. MARRA JOHN M. McDIVITT NATHAN E. NASON MARK A. PACHMAN M. RICHARD SAPIR GREGORY L. SCOTT JOHN WHITE= THOMAS J. YEAGER Enclosed please find.a Memorandum of Voting Conflict for County, Municipal and Other Local Public Officers and my Disclosure regarding CTB Realty. I would appreciate your forwarding to me a copy of the two forms I filled in last night regarding George Kelley and M.I. Homes. Thanks for your help in this matter. DRL /jq Enclosure Sincerely yours, Domenick R. Lioce ATTORNEYS AT LAW • UNITED NATIONAL BANK TOWER 1645 PALM BEACH LAKES BOULEVARD SUITE 1200 ALAN I. ARMOURM WEST PALM BEACH, FLORIDA 33401 HOWARD J. FALCON ME GARY N. GERSON HERBERT L. GI GIL DAN TELEPHONE (407) 686-3307 PHILLIP C. GILDAN TELEFAX (407) 686-5442 ELAINE J. JAMES SUSAN FLEISCHNER KORNSPAN DOMENICK R. LIOCE STEPHEN N. LIPTON August 25, 1993 0 Palm Beach Gardens Planning and Zoning Attention: Jackie Holloman 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Dear Jackie: KENNETH A. MARRA JOHN M. McDIVITT NATHAN E. NASON MARK A. PACHMAN M. RICHARD SAPIR GREGORY L. SCOTT JOHN WHITE= THOMAS J. YEAGER Enclosed please find.a Memorandum of Voting Conflict for County, Municipal and Other Local Public Officers and my Disclosure regarding CTB Realty. I would appreciate your forwarding to me a copy of the two forms I filled in last night regarding George Kelley and M.I. Homes. Thanks for your help in this matter. DRL /jq Enclosure Sincerely yours, Domenick R. Lioce