Loading...
HomeMy WebLinkAboutMinutes P&Z 102291. - y • CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION OCTOBER 22, 1991 MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Vice Chairman Mike Rosen at 7:30 P.M., in the Assembly Room at the Municipal Complex, 10500 North Military Trail, Palm Beach Gar- dens, Florida and opened with the Pledge of Allegiance to the Flag. The roll was called by the secretary and present were: Mike Rosen, Vice Chairman; Alan Strassler and James Leatherman, Mem- bers; and James Kuretski, Alternate Member. Jeffrey Ornstein, Domenick Lioce, Carl Sabatello and,Joseph Hamzy were not in at- tendance. APPROVAL OF MINUTES OF OCTOBER 8, 1991 Mr. Alan Strassler made a motion to approve the minutes of the October 8, 1991 Planning and Zoning Commission meeting with one modification on Page 9, Paragraph 5. The first sentence should have "elevations and plans" added to the end. Mr. James Kuret- ski seconded the motion. The motion was approved by a 4 to 0 vote. ITEMS BY PLANNING AND ZONING DIRECTOR Mr. Rich Walton, Director of Planning and Zoning, stated City Manager John Orr directed staff to ask the Planning and Zoning Commission to consider a request to change the colors at the MacArthur's Holiday Inn at the intersection of PGA Boulevard and 1 Military Trail. Mr. Orr indicated that the Petitioner needed to put together a narrative of what they are requesting and show to -10 you that they are experiencing a hardship because they are under construction and have pulled their permits. Building Official Jack Hanson didn't understand that there was a color change involved and the City Code required the request to come before the Site Plan and Appearance Review Committee. Vice Chairman Rosen stated this item would be added after Item # VII on the agenda under Site Plan and Appearance Review Commit- tee. SITE PLAN AND APPEARANCE REVIEW Recommendation to City Council re: SP -91 -08 Renovations to the Palm Beach Gardens Square Shopping Center including the demoli- tion of the former Ames Store and the construction on that site of a 54,271 square -foot Publix supermarket; a 1,000 square -foot storage room; a 4,482 square -foot retail store in the shopping center and a 2,235 square -foot expansion of an outbuilding. Located south of Northlake Boulevard and approximately 300 feet east of Interstate 95. (24- 42S -42E) Mr. Alan Strassler declared a conflict of interest with this petition because he will be presenting this project in part. Mr. Bristol Ellington, City Planner, gave a presentation of the October 17, 1991 staff report. A discussion ensued regarding vehicular access through the shop- ping center for the County residents to the east on Sunset Drive. Staff recommends approval of this petition with the six condi- tions indicated in the staff report with the additional condition that the Police Department shall review and approve the construc- tion plans prior to the issuance of a Building Permit and that the Petitioner revise the master site plan to provide for the additional parking spaces in the rear. • 2 Mr. James Kuretski asked staff for clarification of the addition- al parking spaces in the rear of the site. Mr. Walton stated . City Councilman Don Kiseleski felt that.the Petitioner did not provide enough parking spaces in the rear to try to get up to the required 5.5 parking spaces per 1,000 square feet. Mr. Ellington noted that in the draft Land Development Regulations, the City is going back to 5 parking spaces per 1,000 square feet. Mr. Alan Strassler addressed the Commission introducing himself as the Architect for the project, Mr. Andrew Brock and Mr. Peter Brock, Contract Purchaser, and Mr. Keiran Kilday, Landscape Architect for the project. Mr. Strassler stated the building color proposed is Sherwin Williams bleached bone. Mr. Strassler stated, in reference to the Art in Public Places requirement, the Petitioner is spending more money on landscaping than they had to. The Petitioner would like to put the money into landscaping • rather than into a sculpture. With respect to cart corrals, the Petitioner would rather not do it because they don't see the reasoning in giving up four or five parking spaces for cart corrals that will not be used. Publix employs people to push the carts out to the cars for the customers and bring them back into the store. The Petitioner's response to staff's concern that this site may not always be a Publix is that they feel sure that Publix will remain there. The Petitioner has no problem with the condition to have Department of Transportation signage. Mr. Strassler stated there is a cross - parking agreement with Shoney's and the site comes very close to making the 5.5 parking spaces per 1,000 requirement. The Petitioner does not agree with put- . ting additional parking in the rear because Publix does not allow 3 employees to enter the store from the rear and the spaces will go 0 unused. A discussion ensued. Mr. Strassler presented a letter from Publix to the Commission in response to Condition #4 explaining how the trash compactor works and photos of trash compactors at other Publix stores that do not have screening around them. The Petitioner does not feel it is necessary to screen the trash compactor. Mr. Kieran Kilday gave a presentation of the proposed landscape plan for the site. Mr. Andrew Brock stated the landscaping at the site presently meets code for landscaping requirements. Mr. James Leatherman asked Mr. Brock about the signage plan for the site. Mr. Brock responded the monument sign will remain and they will have a strict sign specification sheet each tenant will be responsible • to meet. In addition, the Petitioner intends to change the signage on the monument sign to make that a more beautiful sign. Mr. Brock stressed that putting any parking in the rear of Publix would actually be a detriment to the project. Publix is very strict regarding the access to the building of their employees. Mr. Jim Kuretski made a motion to recommend approval of Petition SP -91 -08 to the City Council with the following conditions: 1. Any changes to the approved landscaping plan shall be done administratively with written consent provided to the applicant by the City Manager or his designee prior to the issuance of the Certificate of Occupancy. 2. The Landscape Architect of Record shall document, prior to the issuance of the Certificate of Occupancy of the Publix store, that all of the Palm Beach Gardens Square landscaping has been installed according to the approved Landscape Plan. If the Landscape Architect of Record cannot document that the approved Landscape Plans have been followed, he or she shall document the inconsistencies and advise the City. 4 • • s 3. Prior to the issuance of the Certificate of Occupancy, all pre- existing and new landscape material shall meet or exceed plant specifications and be approved by the City Forester. 4. Before the issuance of the first building permit, the petitioner must obtain all applicable South Florida Water Management District permits. 5. Site plan drawings shall be reviewed and approved by the Police Department prior to the issuance of a Building Permit to ensure that Department of Transportation signage is used. Mr. Jim Leatherman seconded the motion. The motion carried with a vote of 3 -0, Mr. Alan Strassler abstaining. SP -91 -09 - Color change to the exterior of the MacArthur's Holiday Inn located at 4431 PGA Boulevard. Mr. Ellington stated the Applicant pulled a building permit from the Building Department and it was not clearly indicated that there was going to be a color change, nor did the Petitioner realize that in fact they had to get an approval for this. They are going from a brown earthtone coloring to a pink color. This will occur only in the balcony areas. The parapet and the sides will remain white. Staff recommends approval of this petition. Mr. Tom Hickey, architect for the Holiday Inn, stated because of a mildew problem that occurred in the later addtion, they needed to take out all the bad material and put in new material and in a different way. Mr. Jim Leatherman made a motion to approve the color change to the MacArthur's Holiday Inn. Mr. Alan Strassler seconded the motion. The motion carried with a vote of 4 -0. 5 PLANNING AND ZONING COMMISSION Recommendation to City Council re: PUD -91 -07 (PGA National Parcel M -29a) Creation of a 161 zero lot line and attached villa residential Planned Unit Development (7.02 d.u. /ac.) on Parcel M- 29a within the PGA National Planned Community District. (15-425 - 42E) Mr. Ellington gave a presentation of the October 17, 1991 staff report. Mr. Hank Skokowski, agent for the Petitioner, stated regarding the condition to continue the sidewalk along General Drive, the other projects along General Drive (i.e., Villa D'este, Winde- mere, Ironwood and Barclay Club) have no requirement for a side- walk along General Drive. Mr. Skokowski responded to the condition stating there shall be a five -foot wide sidewalk rather than a four -foot wide sidewalk by stating none of the other Eagleton projects have had a require- ment for a five -foot sidewalk. They have all been approved with • a four -foot sidewalk. Mr. Skokowski stated there is a sanitation service called a "back door service" which allows the garbage to be picked up from the customer's back yard so it doesn't have to be hauled down to the road. There is an assessment for this service. Mr. Skokowski stated the Petitioner will designate on the site plan where they expect people to place their garbage on garbage day. Secondly, the Petitioner will provide in the Homeowner's Documents that there is a designated area for garbage pick -up. Mr. Skokowski stated the Petitioner is not opposed to the condi- tion requiring them to move the four -foot wide sidewalk to the same side of the road as the recreational area. 0 Mr. Strassler asked for clarification on the screened enclosures 51 for the attached villas. Mr. Skokowski stated the screen enclo- sure is an optional item, and if there were to be a screened enclosure, there would be a six -foot wall, the screened enclosure would sit on top of the wall. Mr. Skokowski stated the Petitioner is willing to provide the "back- yard" sanitation service to those units that -would have a problem with a garbage pick -up location and to be put into the Homeowner's Documents. Mr. James Kuretski asked the Petitioner how water would drain in the back if there was a pool and decking. Mr. Jay Carpenter explained the procedure for drainage. A discussion ensued regarding the conditions of approval recom- mended by staff. Mr. Ellington stated Building Official Jack Hanson would like . clear language as far as access of maintenance for the physical elements held in common by two or more parties such as screen enclosures on the six -foot wall. Vice Chairman Rosen took a poll of the Commission on the five - foot sidewalk along General Drive to be constructed east to the Avenue of the Masters. The result of the poll was a tie, Mr. Leatherman and Mr. Rosen voting against; and Mr. Kuretski and Mr. Strassler voting for the sidewalk. Mr. Alan Strassler made a motion to recommend approval of Peti- tion PUD -91 -07 with the following conditions: 1. The four -foot wide sidewalk interior to the development shall be relocated to the same side of the road as the recreational area for better access. 7 2. The five -foot wide sidewalk along General Drive shall be extended east to the Avenue of the Masters. 3. A customized back -yard waste removal service shall be included in the Homeowner's Documents for Lots 4, 5, 6, 7, 8, 155, 156 and 157. 4. Language shall be included in the Homeowner's Documents establishing a maintenance policy for the future common area elements. 5. As per landscape plan LP -1, ten (10) Dahoon Holly, twenty - nine (29) Slash Pine and eight (8) Sabal Palms shall be relocated from the M -29 site to the golf course easement. Prior to the construction, these plants shall be located and tagged. Protective barriers shall be installed around them until such time that they are moved or they shall be relocated prior to construction so that they are protected from construction practices. 6. Any protected tree or relocated tree that dies during con- struction or because of construction practices shall be replaced with the same species and for every one inch caliper lost, three inches of new caliper will be required. Each new tree shall have a minimum of three inch caliper (DBH). Palms shall be replaced one - for -one with a minimum ten feet height. • 7. Any changes to the approved landscape plans shall require approval from the City Manager, Building Official and City Forester prior to the work being performed. 8. Street trees, rear lot trees (if applicable), 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 the recreation area, golf course easement relocation area and General Drive entrance landscaping for landscape plan compliance. The City Forester shall approve (sign -off) on these three areas as they are completed. • 9. Any lot or common area that is cleared of existing vegeta- tion and is not developed or built upon within six (6) months shall be seeded with grass as a minimum to protect against wind and rain erosion. Mr. Jim Leatherman seconded the motion. The motion carried with a vote of 3 -1, Mr. Kuretski voting against. The Commission had a tie vote on Condition #2 which states: "The five -foot wide sidewalk along General Drive shall be extended east to the Avenue 8 of the Masters. ". The vote was 2 -2. ADJOURNMENT iThere being no further business to come before the Commission, the meeting was adjourned at 9:15 P.M. The next meeting of the Planning and Zoning Commission is scheduled for November 12, 1991. GISELE FOSTER, Secretary 0 • 9 ALAN STRASSLER J d &Z4 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR p COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I.AST NAME -FIRST NAML'- MIDUt.E NAME LW- 1 ,>�►.1 MAILING A DRESS oil CIT\ j COUN r% NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE THE BOARD. COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE ON WH"'I SERVE IS A UNIT OF: ('I I V l COUNTY NAML OE PUt ' OTHER LOCAL AGENCY ISION: DATE ON WHICII VOTE (K'CURRED © oyj ` A -t6� I MY 1'OSII'ION 11: �r�q" � ,�� -Y ELEC'17VE APPOINTIVE 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 ut►der Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although 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 dependinj on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fora before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: '0 A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inure to 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 o 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 recordin 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 whit inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to th special gain of a principal (other than a government agency) by whop) 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 mu disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, W'hethl made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHIC1 THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible ft 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 interes 1(111\I Ku Ill-" A r. 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. 0 DISCLOSURE OF LOCAL OFFICER'S INTEREST I. �ve" ,hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; or , 199) � inured to the special gain of _ b�eV— 0 "g�nVJ-T , by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: CGl T � Co v j eat L 02, ` VV0 ovm�(,(c».ts -rte p cA4V 6#-JI�2 Date Filed r, a, -,,, //-� 2 Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIREI DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE Ok EMPLOYMENT, DEMOTION, REDUCTION It SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. E FORM 88 - 10 -86 PA