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plan changes, which would be withdrawn by the applicant.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
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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
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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
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• 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
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. 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
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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
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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
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• 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.
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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.
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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
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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.
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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
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