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Home My WebLink AboutMinutes P&Z 111291CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION NOVEMBER 12, 1991 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: Jeffrey ;Ornstein, Chairman; Mike Rosen, Vice Chairman; Alan Strassler, James Leatherman, Domenick Lioce, Carl Sabatello and Joseph Hamzy Members; and James Kuretski, Alternate Member. APPROVAL OF MINUTES OF OCTOBER 22, 1991 Mr. James Leatherman made a motion to approve the minutes of the October 22, 1991 Planning and Zoning Commission meeting. Mr. Mike Rosen seconded the motion. The minutes were approved by a 7 to 0 vote. ITEMS BY PLANNING AND ZONING DIRECTOR Mr. Bristol Ellington, City Planner, stated there have been applicants calling in trying to time out the progression of their applications and staff would like to know.what will happen with the meeting scheduled for December 24, 1991. Mr. Domenick Lioce made a motion to cancel the Planning and Zoning Commission meet- ing scheduled for December 24, 1991. Mr. Alan Strassler seconded the motion. The motion carried unanimously with a vote of 7 -0. PUBLIC HEARING: Z -91 -06 - Recommendation to City Council re: (Trinity Methodist Church) Rezoning 10 ± acres currently under purchase contract and 4.5 ± acres currently owned by Trinity 1 United Methodist Church from PDA, Planned Development Area, to R8 -3, Residential Single - Family District. Located at 9625 North Military Trail. (13- 428 -42E) (Adv. 10/28/91) PUBLIC HEARING: CU -91 -06 - Recommendation to City Council re: (Trinity Methodist Church) Conditional Use on 19 ± acres to allow a church use, including preschool and elementary school at Trini- ty United Methodist Church. Located at 9625 Military Trail. (13- 428 -42E) (Adv. 10/28/91) Mr. Bristol Ellington, City Planner, gave a presentation of the November 7, 1991 staff report. Mr. Kurt Cooper, Hutcheon Engineers, addressed the Commission stating the Petitioner is in agreement with all conditions of approval with two changes. The Petitioner requested that Condi- tion #1 be modified to state: "All new construction shall employ full fire sprinkler systems with alarms and monitoring as re- quired by code." The Petitioner requested that Condition #7 be changed to state that the property owner will respond within 30 • days as to how he intends to rectify the situation and the defi- ciency will be corrected within 30 days following the property owner's response. Mr. Lioce asked the Petitioner to explain the calculations on the Parking Demand sheet. Mr. Cooper explained the Palm Beach Gar- dens Code requires the calculations for the Dayschool and Elemen- tary School. A discussion ensued. Mr. Joseph Hamzy stated he did not believe Condition #7 (requir- ing the property owner to correct any deficiencies on grassed parking area within 30 days) is unreasonable. Mr. Hamzy ex- pressed concern with the height of the new sanctuary. He stated the height should be the scale of the underlying zoning. Mr. Hamzy stated he would like the trash enclosures to be solid • enclosures rather than landscaped trash enclosures and requested 2 the notation on the plans be changed. Mr. Hamzy stated he does not believe the special paving should be installed across Garde- nia Drive. Mr. Alan Strassler stated he disagrees with Condition #1 which requires fire sprinkler systems with alarms and monitoring. He stated this should be handled at the time of permitting. Chairman Ornstein stated his concern regarding the paving demar- cation would be any liability to the City and if that could be somehow indemnified by changing the material, he would not have a concern. Mr. Carl Sabatello expressed concern with the possibility that the Ballenisles entrance may not use the same theme as the spe- cial paving proposed to go across Gardenia Drive. Mr. Sabatello asked who would be maintaining the median along Gardenia Drive. • Mr. Ed Oliver, architect for the Petitioner, stated his under- standing is that Ballenisles would maintain the median once that • entrance is opened. Mr. Sabatello stated he believes the church should landscape and maintain this median. A discussion ensued. Mr. Oliver stated because of the Petitioner's contractual rela- tionship with owner of the property, which is the MacArthur Foundation, the Petitioner is reluctant to maintain the median. Chairman Ornstein opened the Public Hearing for Petition Z- 91 -06. Hearing no response Chairman Ornstein, closed the Public Hearing. Mr. Joseph Hamzy made a motion to recommend approval of Petition Z -91 -06 to the City Council as proposed. Mr. Domenick Lioce seconded the motion. The motion carried unanimously with a vote of 7 -0. 3 Chairman Ornstein opened the Public Hearing for Petition CU -91- 06. Hearing no response, Chairman Ornstein closed the Public • Hearing. L] Mr. Joseph Hamzy made a motion to recommend approval of Petition CU -91 -06 to the City Council, by reference to Sheets A -1 and A -1P as presented with the following conditions: 1. No land clearing shall be permitted until a building permit is issued. 2. No land clearing shall be permitted until the required Florida Fresh Water Fish and Game Commission permits are approved. 3. All trees to be saved during any phase of site development shall be protected as per Section 153.50, Tree Protection, of the City's Code of Ordinances. 4. Prior to land clearing of any kind, all trees and vegetation to be saved shall be tagged and mapped for location, specie, and size. This map shall be submitted to the City for review by the City Forester. The City Forester shall inspect and approve all completed work only after the Land- scape Architect of Record has documented, in writing, that the work has been performed per the site plan approval. 5. If a protected tree dies during construction or because of construction practices, it shall be replaced with the like at a replacement schedule as follows: For every one inch caliper lost, three inches of new caliper shall be required. The minimum caliper of a tree shall be three inches. 6. If the City finds that maintenance of the grass parking area is in disrepair or poor appearance, the City shall notify the property owner that within 30 days of said notice the deficiencies shall be rectified. Should the deficiencies not be corrected within said 30 days, the City may require the parking area to be totally paved to City standards within 150 days upon notification. 7. Final site plan approval shall be required by the City prior to construction of any phase of development. 8. Construction shall follow the phasing plan. Any modifica- tions to the phasing plan shall be approved by the City Manager, in writing, prior to any building or land clearing. 9. Any special paving on Gardenia Drive shall hold the City harmless. 4 • •- • 10. Solid trash enclosures shall be installed rather than landscape trash enclosures. 11. All green areas shall be irrigated. 12. The landscape buffer proposed for phase 1 shall be installed in phase 2. Mr. Domenick Lioce seconded the motion. The motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: PUD -91 -08 - Recommendation to City Council re: (Alexander's Family Gourmet restaurant) Amending the Promenade Shopping Plaza Planned Unit Development to allow for a 2COP alcoholic beverage license which allows for the sale /service of beer and wine for on- premise and off - premise consumption. Locat- ed at 9920 Alternate A -1 -A, Suite 803 and 804. (7 &18- 42S -43E) (Adv. 10/28/91) PUBLIC HEARING: VAR -91 -04 - Recommendation to City Council re: (Alexander's Family Gourmet restaurant) Requesting exemption to the requirement of Chapter 112, Section 112.21 of the Palm Beach Gardens Code relative to the distance restriction of 750 feet between alcoholic beverage vendors. Located at 9920 Alternate A- 1 -A, Suite 803 and 804. (7 &18- 42S -43E) (Adv. 10/28/91) Mr. Ellington gave a presentation of the November 7, 1991 staff report. Chairman Ornstein opened the Public Hearing for Petition PUD -91- 08. Hearing no response, Chairman Ornstein closed the Public Hearing. Mr. Alan Strassler made a motion to recommend approval of Peti- tion PUD -91 -08 to the City Council. Mr. James Leatherman second- ed the motion. The motion carried with a vote of 5 -1, Mr. Jef- frey Ornstein voting against and Mr. Domenick Lioce abstaining. Chairman Ornstein opened the Public Hearing for Petition VAR -91- 04. Hearing no response, Chairman Ornstein closed the Public Hearing. Mr. Alan Strassler made a motion to recommend approval of Peti- tion VAR -91 -04 to the City Council. 9 Mr. Joseph Hamzy seconded i the motion. The motion carried with a vote of 5 -1, Mr. Jeffrey Ornstein voting against and Mr. Domenick Lioce abstaining. \ WORKSHOP: PUD- 9 -1 -09 - Recommendation to City Council re: (Admiralty II) Amending the Admiralty II Planned Unit Develop- ment, created by Ordinance 15, 1987, for a two -year time exten- sion for the development of a 160 -room hotel and 164,530 square feet in office space. Located at the southwest corner of Inter- state 95 and PGA Boulevard. (12- 42S -42E) Mr. Ellington gave a presentation of the staff report dated November 7, 1991. Mr. Ellington stated this petition has been advertised for a Public Hearing for the November 26, 1991 meet- ing. The Planning and Zoning Commission directed the Petitioner to return before the Commission for a Public Hearing on November 22, 1991. NEW BUSINESS Mr. Joseph Hamzy requested that the agenda packets for Planning •_ and Zoning Meetings be mailed to them in the future. There being no further business to come before the Commission, the meeting was adjourned at 9:00 P.M. The next meeting of the Planning and Zon' i 1 C I FFREY ORNSTEIN CE MI •-ROS`EN Y / / 7 10 CARL ssion is scheduled for November 26, L� /V--) /ALAN STRASSLER, N. CK LIOCE GISELE FOSTER, Secretary