HomeMy WebLinkAboutMinutes P&Z 081099n
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CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
August 10, 1999
MINUTES
The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens,
Florida, was called to order by Chair Joel Channing at 6:30 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.
ITEMS BY GROWTH MANAGEMENT DIRECTOR
Principal Planner Kim Glas reported that Growth Management Director Roxanne Manning was on
vacation and that Friday, August 13, staff would begin review of the first petitions under the Forbearance
Agreement. Ms. Glas explained that no additional meetings or extensions of meetings past 10:30 p.m.
would be necessary unless petitions became backed up, when a special meeting would be called. Ms.
Glas reported that the City Manager and City Forester had viewed WCl plans at a local hotel.
APPROVAL OF MINUTES
Minutes of July 27,_ 1999 - Consideration of approval of the minutes was delayed because of lack of a
quorum since only three of those present had attended the last meeting.
LOCAL PLANNING AGENCY
The roll was called by Jackie Holloman, Secretary for the meeting.
Joel Channing, Chair
John Nedvins, Vice Chair
John Glidden, Chair Pro Tern - Arrived at 6:40 p.m.
Daniel Lee Cruz
Craig Kunkle, Jr.
Diane Carlino
Joseph Love, Jr., Alternate
Ted Rauch, Alternate
Dennis Solomon
Also present at the meeting were City Attorney Carole Post; Principal Planners Kim Glas Castro, James
Norquest, and Steve Cramer; City Forester Mark Hendrickson; and Planner I John Lindgren.
Public Hearing /Recommendation to City Council
Petition LU- 99 -04: Land Use Change for City -owned Property on Howell Lane
Staff is initiating a small -scale land use change on the eight (8) acres of City-owned property located
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August 10, 1999
at Northlake Boulevard and Howell Lane. The current land use designation is Recreation and Open
Space (ROS). The proposed land use is Public/Institutional (P/I) which will facilitate the location
of Fire Station #3 on the property.
Principal Planner Kim Glas reviewed the staff report dated August 4, 1999.
Chair Channing declared the Public Hearing open. Hearing no comments from the public, Chair
Channing declared the Public Hearing closed.
Ms. Glas responded to questions from the Commission as to ways the public was notified and how it was
determined that a fire station was needed, and explained that another fire station would be needed in the
Hood Road area. Ms. Glas described properties adjacent to the subject site, explained the timing for the
project, and that the design and staff were typical.
John Glidden arrived at this point in the meeting at 6:40 p.m.
The adjacent Senior Center was described as an adult day care center funded by the County with
activities, lessons, arts and crafts, and field trips; and it was explained that the building was also rented
out to different organizations. Mr. Cruz commented that an expansion was planned to the Senior Center.
Mr. Cruz suggested staff contact the County Capital Improvements to learn of improvements made to
County fire stations in Jupiter and Boca Raton. Staff confirmed that a zoning change would be necessary,
which would be presented separately.
Mr. Cruz made a motion to recommend approval of Petition LU -99 -04 to the City Council. Mr.
Kunkle seconded the motion, which carried by unanimous 5 -0 vote.
LAND DEVELOPMENT REGULATIONS COMMISSION
The roll was called by Jackie Holloman, Secretary for the meeting.
Joel Channing, Chair
John Nedvins, Vice Chair
John Glidden, Chair Pro Tem
Daniel Lee Cruz
Craig Kunkle, Jr.
Diane Carlin
Joseph Love, Jr., Alternate
Ted Rauch, Alternate
Dennis Solomon
Recommendation to City Council
TXT- 99 -49: Zoning Text Amendment Regarding Landscaping and Vegetation
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August 10, 1999
Protection
A City- initiated zoning text amendment application to amend Chapter 98, Landscaping
and Vegetation Protection, in the City's Land Development Regulations
Principal Planner Kim Glas reviewed the staff report dated August 10, 1999, and advised
that staff recommended approval of this amendment which had been found to be consistent
with the Comprehensive Plan.,
Mr. Nedvins made a motion to recommend approval of Petition TXT -99 -09 to the
City Council. Mr. Cruz seconded the motion, which carried by unanimous 5-0 vote.
APPROVAL OF MINUTES
Minutes of July 27. 1999 -
Mr. Cruz made a motion to approve the minutes of the July 27, 1999 meeting as submitted.
Mr. Nedvins seconded the motion. Motion carried by unanimous 5 -0 vote.
SITE PLAN AND APPEARANCE REVIEW COMMITTEE
The roll was called by Jackie Holloman, Secretary for the meeting.
Present
Joel Channing, Chair
John Nedvins, Vice Chair
John Glidden, Chair Pro Tem
Daniel Lee Cruz
Craig Kunkle, Jr.
Absent
Diane Carlin
Joseph Love, Jr., Alternate
Ted Rauch, Alternate
Dennis Solomon
Consideration of Approval
Petition SP-99 -08: Gleason's Steakhouse Color Change
Stephen Cournoyer, President of The Chop House, Ina (dba: Gleason's Steakhouse), is
requesting a minor site plan amendment to change the color of the building that formerly
housed Shoney's Restaurant The site is located on the south side of Northlake Boulevard,
just west of Interstate 95. (24-42S-42E).
Planner I John Lindgren presented the staff report and distributed color samples for approval,
as well as color samples for ABC Liquors across the street. It was stated that this building was
not a part of the adjacent shopping center, and had been painted before the petitioner knew that
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August 10, 1999
City approval of the paint color was needed. Mr. Kunkle commented that the color was bland
but he was not interested in requiring that the whole building be repainted. Mr. Glidden
expressed disappointment that this had happened and suggested that possibly banding color
could be added, commented that this building should relate to the shopping center, and that
colors should be discussed. Mr. Nedvins agreed except that he felt the applicant should choose
colors for the Commission's consideration which would give him an opportunity to address
banding. Mr. Cruz agreed with Mr. Nedvins, and commented that there was opportunity for
colors to be used on the architectural features. Chair 'Channing commented he would rather see
more landscaping added to soften the facade, and that he did not believe adding some color
would be as effective as good landscaping.
Petitioner Steve Cournoyer explained he had checked the City's Planning & Zoning Department
file and located the color scheme approved for the former building occupant, Shoney's, which
was not compatible with the shopping center. Since he had been told the City Council preferred
earth tones, and that there were no specifications, he had selected the color and painted the
building and then had found out he needed approval from this Board. Mr. Cournoyer explained
that he was willing to repaint but requested a selection of colors the Board would approve. Mr.
Cournoyer explained that he was the owner of Duffy's Draft House and that this was a new
concept for his business. The petitioner presented a graphic depicting the roof tiles painted
• more of a red tone, and explained that he wished to add landscaping and replace existing
landscaping. The City Forester explained that landscaping could receive administrative
approval up to 25% and landscaping would need to be brought up to what was approved. Mr.
Glidden agreed that the original approved colors had not been particularly pleasing, suggested
the petitioner work with the City Forester, and suggested ten sabal palms well positioned
against stucco masses would be an inexpensive solution. Mr. Glidden suggested using subtle,
lighter accents from the same color palette on the inset panels, columns, bottom top and band
of the fascia. Mr. Glidden felt a more orange roof the color would be an improvement. Mr.
Glidden recommended doing the whole piece of each accent in a different shade, not just the
face. Mr. Cournoyer explained he was scheduled to open on the 24th day of this month. Mr.
Glidden suggested the Board could provide direction to the applicant regarding specific colors
on specific parts of the building. Mr. Kunkle suggested the applicant take the photos in the
package and place numbers indicating colors on the photos on specific building areas. Mr.
Cournoyer explained he was not a designer and would be happy to follow the Board's direction
to paint specific elements specific colors. Mr. Cruz explained that the Board's duty was not
to propose colors, but to review what the applicant submitted; and some kind of compromise
was needed in this situation. Mr. Cruz commented he would be more comfortable if the
applicant came back with a proposal. City Attorney Post suggested that this item be postponed
until later in the meeting.
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The roll was called by Jackie Holloman, Secretary for the meeting.
Present
Joel Channing, Chair
John Nedvins, Vice Chair
John Glidden, Chair Pro Tern
Daniel Lee Cruz
Craig Kunkle, Jr.
Absent
Diane Carlino
Joseph Love, Jr., Alternate
Ted Rauch, Alternate
Dennis Solomon
Recommendation to City Council
Petition DRI- 99 -04: PGA National DRI NOPC - Office and Hotel Uses
Frank Palen, agent for PGA National Venture, Ltd, is requesting an amendment to the PGA
National Resort Community - a Development of Regional Impact and Planned Community
District The petition is intended to permit reallocation of certain non - residential land use
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intensities within three existing categories identified in the table shown on the face of the
DRI/PCD Master Plan.
Staff explained the petitioner had requested postponement to the August 24, 1999 meeting since
they had been unable to attend tonight.
Mr. Nedvins made a motion to postpone Petition DRI -99 -04 to the August 24,1999 meeting.
Mr. Kunkle seconded the motion, which carried by unanimous 5 -0 vote.
Public Hearing (Continued from 7/27/99
Petition TXT- 99 -09: Zoning Text Amendment Regarding Landscaping and Vegetation
Protection
A City- initiated zoning text amendment application to amend Chapter 98, Landscaping and
Vegetation Protection, in the City's Land Development Regulation&
Principal Planner Steve Cramer reviewed the staff report and the three major changes to the ordinance.
Mr. Cramer explained how maintenance requirements could be enforced, and referred to language which
conveyed the message that landscaping must be significantly better based on County regulations.
Submittal requirements requested were that landscape plans contain appropriate legends, that plant
materials be shown to scale at time of planting, and that a graphic legend be provided. Mr. Cruz
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August 10, 1999
suggested that language be included requiring aerial photographs to be superimposed with a drawing;
and that in the survey requirements tagging trees to be preserved should be included. Mr. Cruz pointed
out language corrections needed in paragraphs A and E, and requested clarification of the order of
permits. Mr. Nedvins expressed his opinion that this petition should be moved forward. Mr. Glidden
commented that almost none of the foundation landscaping approved for The Commons would meet the
requirements in this petition. Discussion ensued. The City Forester clarified the old code versus the
new language which provided strict guidelines. Chair Charming commented this would encourage
people to do what was safe to get approvals, wanted people to be encouraged to create good designs,
and felt these requirements were too mechanical.. Mr. Glidden favored a 50% percentage instead of
100 1/6. During discussion of accurate representation on renderings, Mr. Glidden commented he had no
problem with using two years after planting as a standard on all plans, and requested staff consider
whether representation should be the sizes at time of planting or sometime in the future. Mr. Glidden
made other comments, including that regarding non - conforming uses he assumed the City was not going
on a witch hunt, to which the City Forester responded, and Mr. Glidden explained that he had a problem
with this issue because he knew of projects which fell under the categories that probably could comply
but it would totally dramatically change the merits of the project. Mr. Kunkle commented he was glad
to see the alternative landscape betterment plan added as an option, and he anticipated two types of
projects in the future: big corridor projects of very creative design, and bare bones minimum projects.
Mr. Kunkle expressed concern regarding maintenance being removed and commented that teeth were
• needed in the standard to enforce maintenance, and that he would defer to the City Forester's judgement
on this issue. Mr. Kunkle questioned the species of the MacArthur Boulevard banyan tree and whether
that was a problem, to which City Forester Hendrickson responded the species was non - native but
because it was not close to a preserve and was a historical tree, it was acceptable, and the City could
plant more ficus altisima on MacArthur Boulevard. Chair Channing questioned whether the City looked
for landscaping that was not maintained, to which the City Forester responded most code enforcement
cases were the result of complaints. The City Forester reported the post office was going to replace their
missing landscaping which had died, repair the irrigation system, replace sod, and hoped to bring their
property up to City standards by the end of the year. Mr. Hendrickson reported that contact had been
made with the DMV facility, which had not been as receptive, and if local personnel did not respond the
City would contact their superiors. Mr. Cruz expressed no problems with the language and commented
that the strongest incentive to encourage alternative plans was having finite code requirements, and that
most developers needed the type of guidance that would be provided by this amendment. Hearing no
further comments, Chair Channing declared the public hearing closed.
Mr. Kunkle made a motion to approve Petition TXT -99 -09 as written. Mr. Cruz seconded the
motion. During discussion of the motion, Mr. Glidden showed a drawing of a two -story building
and made a suggestion to take the amount of landscape area that this code required and require
a minimum of 60% or 70% of it and get rid of the language about the doors. Discussion ensued.
Mr. Glidden proposed the following amendment: that the area of required foundation zone be
a minimum of 70% of the computed area and that the section stating: not including entry ways
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or doorways or other building improvements as determined by Growth Management. Mr. Kunkle
accepted the amendment. Mr. Cruz stated he would not second the amendment, because 70%
might not be acceptable in all cases. The motion carried by 3 -2 vote with Mr. Glidden and Mr.
Nedvins opposed.
Chair Channing requested staff find out how Coral Gables handled this issue.
SITE PLAN AND APPEARANCE REVIEW COMMITTEE
The roll was called by Jackie Holloman, Secretary for the meeting.
Present
Joel Channing, Chair
John Nedvins, Vice Chair
John Glidden, Chair Pro Tem
Daniel Lee Cruz
Craig Kunkle, Jr.
Absent
Diane Carlino
Joseph Love, Jr., Alternate
Ted Rauch, Alternate
Dennis Solomon
Consideration o�ApProval
Petition SP- 99 -08: Gleason's Steakhouse Color Change
Stephen Cournoyer, President of The Chop House, Ina (dba: Gleason's Steakhouse), is
requesting a minor site plan amendment to change the color of the building that formerly housed
Shoney's Restaurant The site is located on the south side of Northlake Boulevard, just west of
Interstate 95. (24- 42S -42E)
This item was re- opened. City Attorney Post provided direction to the Board, and advised that a
certificate of occupancy was not a part of this Board's authority, and a decision must be made on what
had been presented tonight, or could be postponed with direction to staff. Mr. Cruz agreed that the
Board's role was to approve what was presented to them and stated he did not see this petition as ready
to review based on the submittal. Mr. Glidden agreed the Board could not vote tonight on this petition
unless it was to deny as presented; but believed the issue could be worked out with the petitioner. Mr.
Glidden commented on the difficulty in giving direction and that the Board did not want to recommend;
however, it was not fair to ask petitioners to read the minds of the individual Board members. Mr.
Glidden explained that comments had been: to use accent colors, differentiate certain elements of the
building, use fighter as opposed to darker colors, avoid a zebra look, choose a terra cotta roof color to
match the adjacent shopping center, and commented he had made specific indications on the drawing.
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Mr. Glidden commented he believed the addition of green through landscaping would improve chances
of approval. Mr. Kunkle commented he believed there was some obligation on the part of the City to
work with this petitioner since no one had told him during his conversations with City personnel that he
had to submit the paint color for approval. Principal Planner Glas commented no permits were issued
for painting. Petitioner Steve Cournoyer requested direction because of having received no answers
from City personnel and the length of time that had elapsed. Chair Channing commented he liked the
way the rendering was colored and would like that with good landscaping; although the colors of the
shopping center did not go with the color Mr. Cournoyer had painted his building, and stated he favored
the petitioner receiving a temporary certificate of occupancy. The petitioner commented that his building
was an out parcel and in no way was a part of the shopping center. Chair Channing advised the
petitioner would need to return. Mr. Glidden sympathized with the petitioner and suggested the
petitioner was welcome to show something to any Board member individually to see if they approved.,
suggested the rendering be scanned and three or four different schemes printed out to show to the
members before the next meeting. Staff clarified that the building had been painted several months ago
and came to the attention of the Building Department when doing an interior building inspection, and
had notified Growth Management. The application had been submitted in May, a sufficiency letter had
been sent to the petitioner on June 10, July 13, and July 21.
Mr. Nedvins made a motion to postpone consideration of approval of Petition SP -99 -08 to August
• 24, 1999. Discussion ensued. The City Attorney advised it was not necessary to postpone to a
date certain. Staff was requested to work with the applicant to expedite this petition. Mr. Cruz
seconded the motion, which carried by unanimous 5-0 vote.
PLANNING AND ZONING COMMIS
The roll was called by Jackie Holloman, Secretary for the meeting.
Present.
Joel Channing, Chair
John Nedvins, Vice Chair
John Glidden, Chair Pro Tern
Daniel Lee Cruz
Craig Kunkle, Jr.
Diane Carlino
Joseph Love, Jr., Alternate
Ted Rauch, Alternate
Dennis Solomon
Public Hearing /Recommendation to City Council
Petition 7XT- 99 -03: Outdoor Seating Ordinance Amendment
A request by City Staff to approve petition TXT -99 -03 Outdoor Seating Amendment, to amend
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Section 78 -2 and Section 118 -311, regarding outdoor seating in the City's land development
regulations.
Mr. Cruz left the room for a few minutes. Mr. Glidden stepped down due to conflict of interest.
Planner I John Lindgren reviewed the staff report. Mr. Nedvins questioned whether a liquor license
would have an impact on outdoor seating, to which the response was it would have no impact. Mr.
Nedvins suggested that the total number of parking places or total number of seats that could be
provided on the property be included. Discussion ensued. Mr. Nedvins questioned who was responsible
for filing a petition for outdoor seating, the restaurant operator or the owner of the property, to which
the response was that the owner would be cited. Restaurant hours were reviewed.
Chair Channing declared the Public Hearing open. Hearing no comments from the public, Chair
Channing declared the Public Hearing closed.
Mr. Nedvins made a motion to approve Petition TXT- 99 -03. Mr. Cruz seconded the motion,
which carried by unanimous 4 -0 vote. (Mr. Glidden had left the meeting).
• OLD BUSINESS
Chair Channing requested followup on items mentioned at previous meetings; for example, the berm
around the Hampton Inn motel on RCA Boulevard. City Forester Hendrickson responded the berm had
been repaired to the extent possible, that the County would not allow a meandering sidewalk, and that
a meandering berm was not allowed because of drainage requirements. Chair Channing questioned
whether lights on the gas stations had been addressed. Ms. Glas explained the lights were as typically
used on gas stations and that Growth Management Director Manning had been looking for some type
of screen for the lights, but that there was no maximum set for light going off a property. Mr. Glidden
commented the code did not deal with glare and suggested consultation with experts as the new code
was written. Mr. Glidden suggested taking a light measure reading underneath the light which he
believed would be found not to be in accordance with submitted photometrics. Staff agreed to pursue
this and advised that the Town of Jupiter had recently adopted a light ordinance which the City could
have experts study. Mr. Glidden suggested that in addition to consultants that industry people look at
the Jupiter ordinance.
NEW BUSINESS
Chair Channing commented to Mr. Lindgren that when he had reported to the Board the number of
times he had contacted the petitioner in the case of Gleason's Steak House, Chair Channing had had a
lot less sympathy for the petitioner, and encouraged staff to tell the Board these types of things in the
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August 10, 1999
future. Discussion ensued. Mr. Cruz commented it was the responsibility of the petitioner to find out
the law and not the responsibility of staff to advise of the law. Planner Norquest commented the code
was silent regarding what staff was allowed to give the Board to make a decision on aesthetics, colors,
etc., such as in this case; so the Board could tell staff what they would like. Mr. Glidden suggested the
best an applicant could provide would be a color elevation in perspective, and commented that an
existing building could be photographed, scanned, and some different presentations made in a program
such as Photo Shop. Mr. Cruz requested that petitioners be advised that what they submitted was what
would be reviewed. Chair Channing apologized for kiddingly soliciting for The Commons, which he
stated would not happen again.
ITEMS BY CITY COUNCIL LIAISON
There were no items by the City Council Liaison.
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ADJOURNMENT
There being no further business, the meeting was adjourned at 9:15 p.m. The next meeting will be held
August 24, 1999.
APPROVED:
is
(Absent)
Diane Carlino
Daniel z
(Absent)
Ted Rauch, Alternate
Absent � - q-" 9
Joseph Love, Jr., Alternate
J c i o o an, Secretary
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