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HomeMy WebLinkAboutMinutes P&Z 082801r CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION August 28, 2001 MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chair Dennis Solomon at 6:30 P.M. in the Council Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. CITY COUNCIL LIAISON There were no items by the City Council Liaison. REPORT BY GROWTH MANAGEMENT DIRECTOR Growth Management Director Charles Wu reported that at their August 16 meeting the City Council had approved the Excavation and Fill Amendment, the Public Schools Facilities Element and amendment to the Comprehensive Plan, and Mirasol Parcels E, F, & G. The City Council had postponed land use plan changes, which would be withdrawn by the applicant. Staff had changed their recommendation for approval to denial for Garden Station, a small scale land use change, and the applicant withdrew that case. The applicant withdrew Parcel 4.10, a large scale land use change, due to lack of City Council support. Staff still supported the mixed use land use. Mr. Wu announced that Tanglewood had requested to be added to the agenda for tonight under New Business in order to make a 5- minute presentation as a preliminary workshop, if time permitted. A poll of the Board indicated they were unanimously in favor of adding this item to the agenda. Mr. Glidden did not express his opinion since he had a conflict of interest. APPROVAL OF MINUTES Mr. Channing made a motion to approve the August 14, 2001 meeting minutes as submitted. Mr. Glidden seconded the motion, which carried by unanimous 6 -0 vote. Mr. Present did not vote as he was not present on August 14. ROLL CALL Betty Laur, Secretary for the meeting, called the roll. Present Absent Dennis Solomon, Chairman Alternate David Kendall • Craig Kunkle, Jr., Vice Chairman Barry Present, Chairman Pro Tem Planning & Zoning Commission Minutes August 28, 2001 Dick Ansay Joel Charming John Glidden - arrived at 6:35 p.m. Steven Tarr Alternate Ernest Volonte Also present were Growth Management Director Charles Wu, City Attorney Len Rubin, Principal Planner Karen Carver, Senior Planner Edward Tombari, and Planners John Lindgren and Kara Irwin. PLANNING AND ZONING COMMISSION Public Hearing & Recommendation to City Council Petition PUD- 01 -05: PGA Plaza Rezoning and Master Plan Review A request by Gentile, Holloway, O'Mahoney & Associates, agent for William G Lassiter, for a rezoning from CG -1 General Commercial to CG -1 General Commercial with a Planned Unit Development (PUD) overlay for an 11.12 -acre site. The applicant is proposing the renovation of the parking and landscaping areas to accommodate the widening of PGA Boulevard as required by the Regional Center DR1. The subject site is located at 2500 -2680 PGA Boulevard at the southwest corner of the intersection of PGA Boulevard and Prosperity Farms Road. (12- 42S -43E) Planner Kara Irwin presented the staff report, and clarified that the applicant did not have to do anything but was volunteering improvements, and that WCI was trying to buy the property for the roadway improvements ,which they would donate to the City so that there would not have to be a eminent domain process, which would be costly. George Gentile, representing the applicant, explained that they were voluntarily assisting in acquisition of the property so that the City would not have to go through condemnation, and improvements to the parking and landscaping would benefit tenants as well as the City. The requested waivers would make the non - conforming items less non - conforming. Mr. Gentile described the proposed improvements. The applicant objected to Condition No. 1 proposed by staff. The City Attorney explained that if the Board did not approve this request, no improvements would be made and the area could look worse after the roadway improvements were completed. Discussion ensued. Mr. Glidden suggested creating dedicated aisles in the parking lot and commented that he had done an overlay drawing. Mr. Gentile explained that access had all been coordinated with DOT and the configuration was what DOT, the property owner and the user had accepted. Brian Seymour, Attorney with Gunster Yoakley representing WCI, explained that access had been accepted by City engineering and by DOT, and there was no opportunity to change the access points at this time. Mr. Glidden pointed out that the City had a 100' stacking requirement which was being ignored and he was not in favor of this application unless that could be fixed. Chair Solomon declared the public hearing open. Hearing no comments from the public, Chair Solomon declared the public hearing closed. Mr. Charming asked for the history of code enforcement on this 2 Planning & Zoning Commission Minutes August 28, 2001 property, to which Mr. Tombari responded there had been some code enforcement issues a few years ago but they were issues to do with areas behind the plaza. Mr. Gentle explained that all parties involved were trying to provide a less costly procedure. Mr. Gentle indicated he would look at reconfiguration of the inside portion of the parking lot. Mr. Gentile reported bahia grass was existing in some islands and would be replaced, and the irrigation would be improved. The perimeter hedge material and height was discussed. Mr. Kunkle indicated he would like the hedge maintained at 4' and would like written maintenance specifications. Mr. Tarr clarified that there were two choices, (1) to do nothing and this would remain straight zoning, or (2) approve it and it would become a PUD and they would make the proposed changes. The City Attorney clarified that the changes would make it less non - conforming than at the present and although it was not a win/win situation the City would benefit if it were more conforming, and it would look better. Mr. Gentile indicated the applicant would have no problem with a condition to maintain the landscaping, and that a full landscape plan would be prepared as part of the PUD which would give Code Enforcement a plan to use. Mr. Gentile clarified the relationship between the parties involved for Mr. Ansay. Mr. Present expressed his opinion that the plans were good and eminent domain made no sense, and questioned the parking lot configuration, regarding which Mr. Gentile advised that both Mr. Lassiter and his tenants had wanted to keep that configuration. Chair Solomon commented the present condition was bad and suggested approval with additional conditions. Mr. Gentile explained that the photometrics were being updated. Chair Solomon asked if the applicant would have to come before the Board for signage changes, to which the response was only if the signage did not meet code. Mr. Kunkle made a motion to recommend to City Council approval of Petition PUD -01 -05 with the following conditions and waivers: Conditions of Approval: 1 Prior to review by City Council, the issue of the design, installation, and maintenance of the medians shall be resolved. 2. Prior to review by City Council, the applicant shall submit a revised Photometric Plan, which meets the requirements of LDR Section 78 -182, illumination of Buildings and Uses. 3. Lighting locations shall not conflict with landscaping and shall include long -term tree canopy growth. 4. The applicant shall not increase the current Restaurant Use within the Plaza without amending the Planned Unit Development, to include additional parking and concurrency review. 5. A maintenance specification shall be prepared by the applicant's landscape architect that will dictate the heights of various tree, medium shrub, and groundcover plantings relative to each other along PGA Boulevard and Prosperity Farms Road 3 Planning & Zoning Commission Minutes August 28, 2001 6. The standard language in the City Code that the site will be maintained in a live, good looking condition shall be applied. Waivers: 1. Section 78 -221 (d)(4), Special Front Setbacks, to allow for a maximum 12.7' landscape buffer. The Land Development Regulations require a minimum of 55' landscape buffer along PGA Boulevard. 2. Section 78 -313, Minimum Landscape Requirements, to allow for a 12% open space. The Land Development Regulations require a minimum of 15% open space on site. 3. Section 78 -345, Number of Spaces Required, to allow for 528 parking spaces. The Land Development Regulations require a minimum of 551 parking spaces for the approved square footage and uses. 4. Section 78 -344 (1), Parking Stall and Bay Dimensions, to allow for9' x 18.5' standard parking stalls. The Land Development Regulations require 10' x 18.5' parking stall dimensions. 5. Section 78 -319, Minimum Rear Landscape Buffer, to allow for a maximum 0" rear landscape buffer. The Land Development Regulations requires a minimum of five (5) foot rear landscape buffer. 6. Section 78 -313, Required Landscape Points, to allow for 7,337 landscape points. The Land Development Regulations require 11.849 landscape points. 7. Section 78 -344 (h), Off - Street Stacking Distance, to allow for a minimum 71 foot stacking distance. The Land Development Regulations require a minimum 100 stacking distance. 8. Section 78 -315 (c), Minimum Size Landscape Areas, to allow for a maximum 3 -foot wide landscape island. The Land Development Regulations require a minimum of five (5) foot wide landscape island. 9. Section 78 -315 (b), Landscape Islands, to allow for 52 parking spaces without a landscape island to the rear of the building. The Land Development Regulations allow a maximum of nine (9)- parking spaces between landscape islands. During discussion of the motion, Mr. Glidden requested that staff confirm with the City Engineering Department that the median cuts could not be changed, to which Planner Irwin • responded FDOT governed and the City Engineers had worked with them on this. Mr. Wu M Planning & Zoning Commission Minutes • August 28, 2001 indicated this would be clarified before presentation to City Council. Chair Solomon commented the applicant had objected to condition number one and proposed addition of language so that condition would read: Prior to review by City Council, the issue of the design, installation, and maintenance of the medians shall be resolved to the satisfaction of the City of Palm Beach Gardens. It was clarified that landscaping at the entrance had been improved. Mr. Present seconded the motion. Motion carried 6 -1 with Mr. Glidden opposed because he did not accept that the curb cuts could not be changed, and stated that he would like an explanation in writing by the City Engineer why the 100 -foot stacking rule was waived in a situation that was so critical. Recommendation to City Council Petition SP- 01- 19:NorthMil Plaza Out - Parcels Two and Three A request by Hank Skokowski of Urban Design Studio, on behalf of NorthMil Partners, L.C., for a site plan amendment to the NorthMil Plaza Shopping Center to allow the site plan and architectural review of previously- approved square footage on two out parcels at the northeast corner of Military Trail and Northlake Boulevard. (13- 42S -42E) Senior Planner Edward Tombari presented the staff report. Agent for the applicant Hank Skokowski reviewed the site plan, landscaping and roofing improvements for Wendy's, and indicated all colors and materials were totally consistent with the shopping center building. Elevations for the 400 building were reviewed. Paul Meeks, Wendy's representative, described the walk -in cooler. Mr. Glidden requested equipment be buffered and the mansard be changed. Mr. Charming questioned the height of the parapets. Mr. Meeks indicated that the parapet on Wendy's was 5'6" above the roof, and that no equipment was on the ground. Mr. Charming requested the cooler be screened by walls; Mr. Meeks responded that Health Department conditions had to be met and suggested placing stucco on the sides. Mr. Charming agreed so long as it looked like a part of the building. The cooler was discussed further. Mr. Glidden made a motion which was seconded by Mr. Present, but then withdrew the motion since he had a conflict of interest, stating he was allowed to discuss but not to make a motion. Mr. Present indicated he would withdraw his second and make the same motion. The walls screening the trash area were described by the applicant. Mr. Present made a motion to recommend to City Council approval of SP -01 -19 with the following conditions: 1. The applicant shall restrict the use of the loading zone at the Wendy's Restaurant site to off -peak hours (9 P.M. to 9 A.M.) operation only. • 2. The equipment attached to the north side of Wendy's shall be sheathed at the top with a 5 Planning & Zoning Commission Minutes . August 28, 2001 banding element similar to banding on the two appendages projecting out of the building on the west and that it be used as a cap to the perimeter edge of the equipment and that it be level and not sloped. 3. The south parapet above the roof level of the retail building shall be modified in the following manner: That it be stopped 4' before it touches the metal roof then turn and run in a northerly direction and then turn again in an easterly direction to touch the metal roof north of the ridge line on both sides. Mr. Channing seconded the motion, which carried 6 -0. Mr. Glidden did not vote because of a conflict of interest. Recommend to City Council Petition SP- 01 -20: Chatsworth (Devonshire) Nursing Pavilion Expansion Sandra Parks of Urban Design Studio, agent for PGA National Venture Ltd., and Devonshire Life Care Associates, Inc., is requesting an amendment to a site plan application for the expansion of an existing nursing home facility located on Lot 1 within the PGA National Commerce Park. The proposed expansion will include 56 additional beds within an additional 64,955 square feet of floor space. The PGA National Commerce Park is located in the southeast corner of the PGA National Planned Community Development, at the northwest corner of Northlake Boulevard and the Florida Turnpike (15- 42S -42E) Chair' Solomon stepped down due to conflict of interest and passed the gavel to Vice Chair Kunkle. Senior Planner Edward Tombari presented the staff report. Mr. Tarr asked what the City was getting in exchange for the requested waivers. Mr. Tombari indicated there were other criteria which the applicant had exceeded and that they were providing additional landscaping. Compatibility with other buildings within the commerce park was discussed. Mr. Channing requested that the 100' stacking issue be addressed with Len Lindhal, who in the past had indicated that requirement be only for major thoroughfares. Mr. Glidden expressed concern there was no roof plan. Mr. Tombari indicated there should have been a roof plan since it was a requirement and that it should be a part of the review. Mr. Hank Skokowski, agent for the applicant, reviewed the requested waivers and explained the code had been changed and the requirement for 50 parking spaces did not adequately address the need, so the applicant had provided more than the requirement. Mr. Skokowski requested 50' stacking, indicated there was adequate loading space, noted the height of the existing building at the very top was 42' and the new building was requested to be 50',. Mr. Skokowski noted the 160 bed requirement had been approved many years ago, and this was a very high quality facility. Mr. Skokowski reviewed the amenities that would be offered, which added to the square footage of the building. Mr. Skokowski supplied a roof plan. Mr. Glidden requested on the east elevation the false architectural scoring be dropped down one panel, requested the building be viewed in the field and the colors wrap around the 6 Planning & Zoning Commission Minutes Is August 28, 2001 • corners, and tie into the existing building. Mr. Tarr commented that the change from industrial use was market driven, that the size of the building was too large for this site, and if it was normal size the waivers would not be necessary. Vice Chair Kunkle agreed, but also noted there was a lack of great facilities for seniors in this area. Mr. Charming made a motion to recommend to City Council approval of Petition MISC -01 -06 with the following conditions: 1. Prior to the issuance of the first building permit, the applicant shall provide staff with a letter of final approval from the PGA National Architectural Review Committee, as required by Resolution 34, 1986. 2. Prior to the issuance of the first building permit, the applicant shall provide staff a copy of the executive Unity of Title document, indicating the joint ownership of the two parcels on which the project is located. Mr. Volante seconded the motion, which carried 6 -1 with Mr. Tarr opposed. Chair Solomon was re- seated and Mr. Volante stepped down. Recommendation to City Council Petition MISC- 01 -06: San Michele Clubhouse, Park, Guardhouse, and Signage A request by Hank Skokowski of Urban Design Studio, on behalf of Forest Lake Associates, L.C., for approval of a 3,500 square foot clubhouse, a park, a guardhouse, and signage in the San Michele Planned Unit Development (fka Frankel). The 64.5 acre site is located at the northwest corner of Central Boulevard and Hood Road. (25136-4]S-42E) Planner John Lindgren reviewed the staff report. Hank Skokowski, agent for the applicant, presented two renderings, and clarified that half of the future right -of -way would be dedicated to the City to create a roadway extending from Central Boulevard west through the Briger property and then north to connect to Donald Ross Road, and that the other half of that roadway would be dedicated by the Benjamin High School. Mr. Skokowski clarified this would be a gated community. Mr. Ansay made a motion to recommend to City Council approval of Petition MISC -01 -06 with the following conditions: 1. Prior to scheduling this petition for consideration by City Council, the applicant shall remove the flag from the top of the guardhouse (shown on sheet A3). 2. Prior to construction plan approval, the applicant shall resubmit sheets H -2, H -3, and H -4 7 Planning & Zoning Commission Minutes • August 28, 2001 certified by a structural engineer licensed in the State of Florida. 3. Prior to construction plan approval, the applicant shall provide a letter from the utility owners authorizing landscaping and hardscape within the proposed 12 -foot utility easement. 4. Prior to scheduling this petition for consideration by City Council, the applicant shall revise the entrance hardscape plan to relocate the top bar and stop sign, located at the egress to Central Boulevard, approximately 4 feet in advance of the crosswalk line nearest to approaching traffic. 5. Prior to scheduling this petition for consideration by City Council, the applicant shall revise the entrance hardscape plan, the construction plans, and the "Typical Section 84; R/W" detail so that they are consistent with one another. 6. Prior to scheduling this petition for consideration by City Council, the applicant shall submit a conceptual drainage plan for the park site that demonstrates how the site and access drive will drain through use of flow arrows and illustrated high /low points . 7. Prior to scheduling this petition for consideration by City Council, the applicant shall revise the park site and landscape plans and the construction plans so that they are consistent with one another. 8. Prior to scheduling this petition for consideration by City Council, the applicant shall revise the buffer sections, the construction plans, and the west perimeter elevation detail so that they are consistent with one another. 9. All conditions and requirements from Ordinance 4, 2000 shall remain in effect. Mr. Kunkle seconded the motion, which carried by unanimous 7 -0 vote. Preliminary Workshop Gardens Mall Restaurants Addition Thomas Cairnes, of The Forbes Company, is requesting a preliminary review of the proposed addition of the "P. F. Chang's "and "Tavern at the Gardens" restaurants, totaling 10,904 square feet, to be located at mall entry #5 between Macy's and Burdine's at the Gardens Mall (6- 42S -43E) Thomas Cairnes and Architect Jim Ryan, provided a history of The Gardens Mall, which would soon celebrate its 13th anniversary. The two new proposed restaurants were described. The P. F. Chang's • site was adjacent to Crate and Barrel, and the other restaurant would occupy the site of the former cigar 8 Planning & Zoning Commission Minutes • August 28, 2001 store. Key points were that the present fountains would be removed, the since of the waiting area would be increased and a more active fountain would be added, landscaping and lighting improvements were described, and signage for the building exterior would be needed. The applicants indicated they would provide sections showing rooftop equipment, which would be screened. There would be interior refrigerated trash storage. Mr. Wu indicated the applicants wanted to see if the Board was comfortable before they actually filed an application. The Board's overall reaction was positive. LOCAL PLANNING AGENCY Present Absent Dennis Solomon, Chairman Alternate David Kendall Craig Kunkle, Jr., Vice Chairman Barry Present, Chairman Pro Tern Dick Ansay Joel Charming John Glidden Steven Tarr Alternate Ernest Volonte Public Hearing Petition TXT -01 -04 - Comprehensive Plan Amendment for Nonconformine Uses A City - initiated amendment to the Comprehensive Plan, pursuant to a City Council directive, to amend the nonconforming uses language by removing the date (August 18, 2001) by which all legal nonconforming uses in the City must be eliminated. It was noted that this item and the next item would be heard together. Planner John Lindgren presented the staff report. Mr. Lindgren clarified the comprehensive plan amendment was for nonconforming uses excluding signage, while the Land Development Regulations text amendment addressed structures, etc. Chair Solomon declared the public hearing open. Hearing no comments from the public, Chair Solomon declared the public hearing closed. The City Attorney provided background on this item., and explained that the City had determined a more traditional approach should be taken Mr. Present made a motion to approve Petition TXT- 01 -04. Mr. Kunkle seconded the motion, which carried by unanimous 7 -0 vote. • 9 Planning & Zoning Commission Minutes August 28, 2001 Present LAND DEVELOPMENT REGULATIONS COMMITTEE Absent Dennis Solomon, Chairman Alternate David Kendall Craig Kunkle, Jr., Vice Chairman Barry Present, Chairman Pro Tem Dick Ansay Joel Charming John Glidden Steven Tarr Alternate Ernest Volonte Public Hearing Petition TXT -01 -05 - Land Development Regulations Amendment for Nonconforming Uses . A City- initiated amendment to the Land Development Regulations, pursuant to a City Council directive to amend the nonconforming uses language by removing the date (August 18, 20001) by which all legal nonconforming lots, structures, buildings, premises, uses of premises or structures, and land uses in the City must be eliminated. Chair Solomon declared the public hearing open. The City Attorney clarified that the amortization period for signage was not affected by this petition. Hearing no comments from the public, Chair Solomon declared the public hearing closed. Mr. Ansay made a motion to approve TXT- 01 -05. Mr. Kunkle seconded the motion, which carried by unanimous 7 -0 vote. OLD BUSINESS There was no old business to come before the Commission. NEW BUSINESS Senior Planner Edward Tombari provided a brief history of the Tanglewood project, and introduced Alfred Malfatto, who represented Tanglewood CSC. • 10 Planning & Zoning Commission Minutes • August 28, 2001 Mr. Glidden stepped down due to conflict of interest, and Mr. Volante was seated in his place. Mr. Malfatto presented Phase I and announced that Tanglewood would be renamed Union Square, and that the outstanding code enforcement lien had been paid last week, permitting them to go forward through the process. Mr. Malfatto indicated the applicant wished to overcome the bad publicity they had received, and complete exterior and interior renovation of the buildings and landscaping would occur. Approximately 1200 new trees would be installed. Mr. Malfatto requested comments regarding two different schemes for the project, one with the tower element eliminated and arched masses on the front of the buildings on the balconies. Mr. Malfatto indicated they had committed to staff that within 180 days of receiving approval from City Council they would come back with new paving plans for the roadways and ultimately the property would have to be platted, which it was not presently. Mr. Tarr indicated he liked both schemes and suggested a mix. Mr. Ansay asked if this PUD would be updated, to which the City Attorney responded this would be a PUD amendment, the commercial and residential would be split into two, density would remain the same with a new re- stated development order and a waiver for density. Mr. Ansay indicated his preference for scheme 2 and that he wanted real enhancements in landscaping. Mr. Malfatto indicated the current plan was not to privatize the roads or to gate the project. Attorney Rubin indicated the access from the Admiralty would remain. Mr. Present preferred scheme 1, expressed concern with traffic, and commented the access to the Admiralty would • provide relief. Chair Solomon preferred scheme 2 but suggested it would be good to mix from each scheme, that it would be nice to lose the buildings next to Military Trail to provide open space and a park, and that good berming and landscaping would be needed along Military Trail and down Johnson Dairy Road. Chair Solomon proposed a sidewalk along Johnson Dairy Road and North on Military Trail, as well as good lighting. Mr. Malfatto responded to Chair Solomon regarding the restaurant parking that he believed there was overflow parking onto the eastern commercial property. Mr. Kunkle indicated he liked both schemes. Mr. Channing asked that something be done along Military Trail for a better buffer and suggested that it might work to turn the 90- degree spaces parallel and park some on both sides and in the entrance drive at the north end to get another ten feet of landscaping along Military Trail. Mr. Malfatto clarified that the driving connection from the Admiralty would be maintained. Mr. Channing indicated he was concerned on scheme 2 that the screened porches not look like typical cheap screen enclosures. Mr. Channing indicated his preference to do a mix from both schemes. Mr. Channing requested the renderings presented tonight be brought back in the future so that the applicant could be held to the standards presented. Mr. Volante agreed with the other comments. Mr. Solomon suggested a curved decorative balcony rail. Mr. Present commented the City was the neighbor to this project and requested the City and the applicant work together to improve the Johnson Dairy Road area and make it more welcoming. Mr. Malfatto indicated he understood the concern along Military Trail but a deceleration lane would be added which would make it cramped for space in that area. The number of existing units would need to be maintained to make the economics work, but landscaping and lighting would be enhanced. The City Attorney indicated there was no opportunity at this time to get the commercial property upgraded at this time. Mr. Wu requested direction from the Board on the next • meeting. Consensus was to have a workshop next. Mr. Channing commented he would never again 11 Planning & Zoning Commission Minutes . August 28, 2001 • :7 vote to have a 5- minute presentation unless there was a stop watch. Mr. Charming expressed appreciation for the work being done by staff, that things were well thought out and presented, and well organized with focus on the big items. Mr. Charming commented the Board must get off focus on PUD waivers. Chair Solomon commented everyone shared Mr. Channing's comments. 12 Planning & Zoning Commission Minutes August 28, 2001 ADJOURNMENT There being no further business, the meeting was adjourned at 10:10 p.m. The next regular meeting will be held September 11, 2001. APPROVED: Dennis Solomon, Chair Craig Kunkle, Jr., Vice Chair Alternate E est Volonte Alternate David Kendall Betty Lau ', Secretary for the Meeting 13