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HomeMy WebLinkAboutMinutes P&Z 062497. CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION June 24, 1997 MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chair Diane Carlino 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 Planner Edward Tombari, Secretary for the meeting. Present Absent Diane Carlino Jeffrey Ornstein William Mignogna John Nedvins Joel Channing Thomas Pastore John Glidden (arrived at 7:34 P.M.) Christopher Jones Thomas Paganini Also present at the meeting were Assistant City Manager Greg Dunham, City Attorney Carol Wallace, Planning and Zoning Director Kim Glas Castro, Principal Planner Marty Minor, and Planner Bahareh Keshavarz. 0 ZONING BOARD OF APPEALS Public Hearing: Petition VAR- 97 -01, by Urban Design Studio, agent for Mr. and Mrs. Don Murray, requesting a variance from the requirements of Land Development Regulations, sections 118-201(g)(1) & (4) , 118- 474(4) , 118-474(5), 118 -476, 118 -539, 118 -569, and 110-36(c) for the expansion of an existing preschool to include a private school in the RM, Residential Medium Density zoning district. The preschool is located on Ruby Street north of Holly Drive and West Ironwood Road. (7- 42S -43E) Principal Planner Marty Minor explained that this petition was in conjunction with the conditional use application by the same applicant and reviewed the staff report dated June 18, 1997, listing the eight variances requested and explaining a new drop -off plan. Chair Carlino stated for the record that Commissioner John Glidden had arrived. Allison Johnston with Urban Design Studio, agent for the petitioner, thanked staff for their help during the past two months, and explained that the number of non - conformities currently on the site was being reduced, including increasing the landscape buffer, reducing the number of cars that would be backing out onto Ironwood Road by reducing the number of parking spaces from 12 to 4 limited to staff parking only, relocating the right -of -way inside the existing pre- school, and closing an entrance on Ruby street. A new drop -off policy • had already been instituted at the school to reduce drop -off times. Ms. Johnston discussed the issue of hardship, stating that the • L� Planning & Zoning Commission Minutes June 24, 1997 applicant did not believe they were creating a hardship but believed they were aleviating and reducing the existing non - conformities. Ms. Johnston reported that a number of parents were present at this meeting who supported the applicant's plan and that a number of letters expressing support had also been received. Mr. Jones requested that Ms. Johnston review each non - conformity and state what had been done to solve the problem and why each one was or was not a hardship. Ms. Johnston explained that existing setbacks did not meet current code and still would not meet code if the expansion were not done. Ms. Johnston commented that the Police Department had no concerns about not requiring a lighting plan, which the code stated would only be required during hours of operation, and the school did not operate after 6 p.m. at night. Ms. Johnston explained that the number of parking spaces from which cars would back out onto Ironwood Road had been reduced and would become staff parking spaces. Parking stall dimensions were existing and most were on Ironwood and planned for removal during Phase 2. The only drop- off /pickup area spaces that did not conform to code dimensions were the first two; one row of drop -off area had been eliminated in order to provide additional landscape buffer along Ruby Street. Required parking spaces were reviewed. Ms. Johnston explained that large delivery trucks did not come to this school and the largest truck would be a UPS truck, so that the area designated as drop -off and pick -up could function as a loading area. The existing location of the ground sign was within the right -of -way, and there was only enough space to provide a 2 foot setback, rather than the code required 15 feet. During discussion on parking, Ms. Johnston clarified the existing parking spaces on the plans. Chair Carlino declared the Public Hearing open. Hearing no comments from the public, Chair Carlino declared the Public Hearing closed. Discussion ensued regarding a possible sidewalk. Chair Carlino explained that this application was only for the requested variances. Chair Elect Mignogna made a motion to approve the request for variances as listed in the staff report. Mr. Channing seconded the motion. During discussion of the motion, it was clarified that definite location of the sign could be discussed during the conditional use application. The vote on the motion carried 6 -0. PLANNING AND ZONING COMMISSION The roll was called by Planner Edward Tombari, Secretary for the meeting. Present Diane Carlino William Mignogna Joel Channing John Glidden 0 2 Absent Jeffrey Ornstein John Nedvins Thomas Pastore Planning & Zoning Commission Minutes June 24, 1997 Christopher Jones Thomas Paganini ITEMS BY PLANNING AND ZONING DIRECTOR Acting Planning and Zoning Director Kim Glas announced that staff would be taking a stronger position on waivers and variances. Ms. Glas announced that the new Growth Management Director was Mark Hill, currently Planning, Zoning and Building Director of West Palm Beach. Assistant City Manager Greg Dunham expressed staff's pleasure with the selection of Mr. Hill. In response to questions raised by Commission members, City Attorney Wallace explained that the Board was not required to provide findings of fact in granting or denying a variance request. ITEMS BY CITY COUNCIL LIAISON There were no items by the City Council Liaison. Minutes of June 10, 1997 - Chair Elect Mignogna made a motion to approve the minutes as submitted. Mr. Jones seconded the motion, ® which carried by 6 -0 vote. PLANNING AND ZONING COMMISSION Public Hearing: Petition CU- 96 -05, by Urban Design Studio, agent for Mr. and Mrs. Don Murray, for a conditional use approval for the expansion of an existing preschool to include a private school in the RM, Residential Medium Density zoning district. The preschool is located on Ruby Street north of Holly Drive and West Ironwood Road. (7- 42S -43E) Principal Planner Marty Minor reviewed the staff report dated June 17, 1997, and explained that the landscape variance request would be considered at City Council level. Allison Johnston, Urban Design Studio, agent for the applicant, commented that the applicant had no objections to any of the conditions recommended by staff, and clarified that a Unity of Title was in process of preparation. Ms. Johnston reported that Seacoast Utilities had signed off on the easement agreement for water and sewer lines. Parking issues had been resolved with the City Engineer. During discussion of a sidewalk, Principal Planner Minor clarified that staff recommended a sidewalk be installed. Mr. Jones expressed favor for the sidewalk and discussed another possible location for the sign. Discussion of sign location ensued. Mr. Channing and Mr. • s • Planning & Zoning Commission Minutes June 24, 1997 Glidden expressed favor for a sidewalk. Mr. Glidden discussed the sidewalk location and expressed his opinion that it should run adjacent and parallel to the property line, just outside the property line, rather than jog into the middle of the swale to provide landscape area. Mr. Glidden proposed that two parking spaces be moved closer to the building to provide a minimum 3 -foot landscape strip to widen out where possible, and the dumpster placed at the back end of one of the parking spaces. Discussion ensued. It was suggested that a condition of approval be made for moving the parking spaces to provide additional landscape area, dumpster storage, and sign relocation. The applicant was advised that if approval was granted that a sidewalk would also be a condition of approval. Chair Carlino declared the Public Hearing open. Anne Candio expressed her opinion that a sidewalk was not needed since there were not connecting sidewalks, and that she liked the drop -off system. Acting Planning and Zoning Director Glas reported that the City had an ISTEA grant which would allow installation of sidewalks on Riverside Drive, currently in design phase. Hearing no further comments from the public, Chair Carlino declared the Public Hearing closed. Mr. Glidden made a motion that the Planning and Zoning Commission approve Petition CU -96 -05 with the following conditions: 1. Recommendation shall be contingent upon the approval variance petition associated with this request. 2. Prior to the issuance of the first Building Permit, the applicant needs to grant an easement for the water and sewer lines. 3. Prior to the issuance of the first Building Permit, the applicant is required to provide a sign -off from Seacoast Utility Authority regarding the modified service to accommodate a private school in lieu of the existing residential use. 4. Prior to scheduling this petition for a City Council meeting, all the traffic issues raised by the City Engineers in their June 2, 1997 memo must be resolved. 5. A 5 -foot sidewalk shall be installed around the perimeter of the site just outside, parallel, and adjacent to the property line. 6. The sign shall be located closer to the northwest corner of the property in an area to be reconfigured. Such reconfiguration shall move the two parking spaces closer to the building and relocating the dumpster in a manner satisfactory to staff. • 4 Planning & Zoning Commission Minutes June 24, 1997 7. Unity of Title shall be provided for all parcels, 1, 2, 3 and 4, and recorded prior to issuance of the first building permit. Mr. Jones seconded the motion, which carried by unanimous 6 -0 vote. Public Hearing: Outdoor Seating Ordinance, by City of Palm Beach Gardens Staff, to amend the City's Land Development Regulations to allow for outdoor seating and dining areas within nonresidential an residential districts, excluding single family homes. Principal Planner Marty Minor reviewed the staff report dated June 24, 1997. Chair Carlino announced that Commission member Thomas Pastore joined the meeting at 8:32 P.M. Mr. Minor clarified the difference in the current and prior staff reports, and explained that approximately 39 notices had been sent out to area restaurants and shopping centers that might be affected. Mr. Jones questioned the parking calculations for shopping centers, which Mr. Minor explained were calculated on square footage. Discussion ensued. One of the Commission members questioned whether it would be better to have shopping centers approved for a specific • number of seats, and that the code was blind to the fact that restaurants put more people per square foot than retail. Mr. Glidden commented that the Commission was suggesting a zoning text amendment that would start to address parking for restaurants that are within shopping centers based on net seating area or per seats; and that the code at present relies on coincidence to average out parking. Limits for restaurant square footage within shopping centers imposed by other municipalities were discussed. Mr. Minor explained that there were limits at the Prosperity Center shopping center. In further discussion, Mr. Glidden commented that this ordinance did not address a situation such as in two shopping centers of equal square footage where one shopping center had 5 extra parking spaces and one was short five parking spaces, the one short of spaces could have no restaurant, the one with extra spaces could have 80% in restaurants and have big parking problems, but the one that was short five spaces could do nothing. Mr. Glidden proposed that text be added so that the code would not be blind to restaurant usage. Mr. Minor agreed that staff would look at that. Mr. Channing objected that it was unfair to penalize existing shopping centers. After further discussion, Chair Carlino commented that this ordinance would give staff some backbone to request changes where problems exist. Chair Carlino declared the Public Hearing open. Scott Sabatino, Manager for Carmines Restaurant and also representing Ocean Grill, commented that he appreciated the efforts to work on this matter, which had brought to light the problem of how to regulate • 5 Planning & Zoning Commission Minutes June 24, 1997 parking in shopping centers. Mr. Sabatino commented on situations where restaurants went out of business and other types of businesses moved in, creating different parking situations, and commented that restauranteurs wanted fair rules to follow and wanted to cooperate with the City. Hearing no further comments from the public, Chair Carlino declared the Public Hearing closed. Mr. Glidden commented that restaurants and hotels would make up 90% of the usage; however, coffee shops were now being placed in bookstores with some outdoor seating. Moving seating inside at the end of each day was discussed and explained as being a safety issue. Language addressing the requirement of written permission from adjacent property owners was discussed. Benches were discussed, which would not come under the ordinance unless there was food service to the bench. A poll of the Commission members revealed that the majority preferred to leave the language regarding benches as presented; however, Chair Carlino commented that perhaps the zoning code should resolve the details so that shopping centers would be regulated based on usage rather than square footage. An opinion was expressed that there should be consistency in rules for restaurants within shopping centers and those not in shopping centers. Mr. Jones commented on rooftop seating and when it was considered • outdoor seating. Chair Carlino commented that the ordinance was intended to allow outdoor seating where there was none allowed at present, and that there would be all kinds of exceptions. Mr. Jones stated that the comments being made were with the intent to make the ordinance better and for staff to consider. Mr. Channing made a motion to approve the Outdoor Seating Ordinance with a clear understanding that the Commission was encouraging staff to take latitude in how details were approached and not to worry about every little word. Mr. Glidden seconded the motion. Mr. Glidden requested that staff reword item six to apply discretion of the City to both sentences. Mr. Channing accepted the requested change to the motion. The motion carried by 7 -0. Public Hearing: Petition CU- 97 -05, by Paula Laramee, owner of Institute of Nail Sculpturing, is requesting a conditional use for a vocational school to be located at 4101 Burns Road in the Palm Beach Gardens Business Park. This property is located within an M -1 Light Industrial District. Vocational schools are permitted only as conditional uses in M -1 districts. The Palm Beach Gardens Business Park is located approximately on the northwest corner of the Burns Road and Interstate 95 overpass. (12- 42S -42E) Principal Planner Marty Minor reviewed the staff report dated June 17, 1997. The Commission discussed the no retail requirement. Mr. Jones 6 • Planning & Zoning Commission Minutes June 24, 1997 commented that he did not wish to prohibit sale of products within the school. Paula Laramee, owner of the school, commented that she could not believe all that an applicant had to go through for such a small space. Chair Carlino declared the Public Hearing open. Mr. Iravani, a professional engineer, stated that the traffic generated by the school would be negligible. Chair Elect Mignogna made a motion to approve Petition CU- 97 -05. Mr. Glidden seconded the motion, which carried by unanimous 7 -0 vote. SITE PLAN AND APPEARANCE REVIEW COMMITTEE The roll was called by Planner Edward Tombari, Secretary for the meeting. Present Diane Carlino William Mignogna . Joel Channing John Glidden Christopher Jones Thomas Paganini Thomas Pastore Absent Jeffrey Ornstein John Nedvins Consideration of Approval: Petition SP- 97 -06: Durango Steak House conversion, by Brad Samples, agent, for site plan approval to change the colors of the exterior finish and awnings for Durango Steak House (formerly Bennigan's Restaurant) on approximately 1.1 acre outparcel at Loehmann's Plaza, approximately located on the southwest corner of RCA Boulevard and PGA Boulevard (1- 42S -42E) Principal Planner Marty Minor reviewed the staff report dated June 18, 1997. Brad Samples, agent for the petitioner, commented that it would have been helpful if the Building Department had told him when he got a permit last January that he needed to seek approval from this Board. Colors as shown on a photograph were discussed. Mr. Channing commented that he wanted the trees replaced at the size of those which had been removed. Mr. Minor explained that was a separate issue being handled by staff and the petitioner had been given one month to comply. Mr. Channing objected to 14' trees as insufficient. Sign colors were discussed. Since members of the Board did not • 7 Planning & Zoning Commission Minutes June 24, 1997 particularly like the proposed colors, it was suggested that larger trees could help hide the building. Discussion ensued regarding what the Board could do. Mr. Glidden's objection was to the proposed red banding on the entry and the red background on the sign, and expressed favor for additional landscaping to soften the building, although this Board did not have that latitude. Mr. Pastore and Mr. Paganini were not willing to move the petition forward as it stood. Mr. Glidden questioned whether landscaping agreed to by the petitioner could be made a part of this recommendation. City Attorney Wallace explained that this petitioner had already been in negotiation with Code Enforcement and the landscaping plan presented was the remedial action. Discussion ensued regarding the options of the Board. Attorney Wallace explained that she would need to research whether this Board could condition their approval to have landscaping added, and if they did not then there would be no way to enforce landscape conditions. Discussion ensued regarding why the Code Enforcement Board did not require the trees to be replaced at the 22' height they were when removed. It was explained that the full board had not met because negotiations had taken place. Chair Carlino stated she could not approve the petition. Mr. Samples commented that he could change any colors. Attorney Wallace explained that although this Board would not have enforcement capabilities for additional landscape conditions that there were other processes within the City that might provide enforcement. Discussion ensued regarding conditional approval which if it did not meet City ordinances would revert to a denial. Actual color of the building stripe was discussed, and the number of colors proposed. Chair Elect Mignogna suggested that awnings be removed unless covered by trees. Attorney Wallace suggested that the Board condition whatever landscaping they felt appropriate on the applicant's ability to complete that landscaping prior to opening acceptable to the City Forester in excess of City code. Mr. Glidden made a motion to approve the proposed exterior with the following conditions. 1. The red band around the entry shall be painted out to match the beige neutral color of the building. 2. The red band around the top of the entry shall be painted out to match the band immediately below it. 3. The sign element containing the words Steak House shall be removed and reinstalled to not exceed the height of the band upon which it sits, and the red color to be made compatible with the band upon which it sits. 4. The landscaping that was removed and cited be installed at the rate of two times the original specified height prior to issuance of a Certificate of Occupancy. Planning & Zoning Commission Minutes June 24, 1997 Mr. Channing seconded the motion. Mr. Glidden made an amendment to the motion to make the three -color band at the top a one -color band of the camel color. Mr. Channing seconded the amendment. Discussion regarding the motion ensued. Mr. Glidden restated the motion as follows: That the improvements for Petition SP -97 -06 be approved as follows: 1. The red band at the base of th, the building shall be changed 2. The red band at the top of the camel. 3. The three -color band at the perimeter shall be changed to e entry element that projects from to camel. entry element shall be changed to top of the building around the a one -color band to be camel. 4. The sign containing the words "Steak House" shall be removed and replaced with individual red letters on the existing camel band with size not to exceed the height of that band. S. The landscaping which was cited and removed shall be replaced at least twice the height and girth as originally specified on the approved plan dated 9/20/83. 0 6. All conditions except Condition 4 shall be complied with prior to issuance of a Certificate of Occupancy. Mr. Channing seconded the motion. The vote on the motion carried unanimously by vote of 7 -0. Mr. Samples requested a copy of the minutes of this meeting, commented that the owner would not be happy, and indicated that the letters for "Steak House" would not be large enough, so that the sign might just as well be removed and thrown away. Chair Carlino stated that would be agreeable. Workshop: Petition SP- 97 -01: by Henry Skokowski, agent for Northlake Partners, is requesting a Site Plan approval for a proposed 96,719 square foot shopping center to be named Northmil Plaza. The proposed center will be anchored by an Albertson's supermarket and will include a Boston Market restaurant outparcel development. The shopping center is to be located on an 11.5 acre parcel with a CG -1 General Commercial zoning designation. The parcel is generally located at the northeast corner of Military Trail and Northlake Boulevard. (13- 42S -42E) Principal Planner Marty Minor reviewed the staff report dated June 19, 1997. Chair Carlino announced that Mr. Paganini left at this point in the meeting at 10:22 P.M. • Planning & Zoning Commission Minutes June 24, 1997 Henry Skokowski, agent for the petitioner, explained the request, and the petitioner's willingness to adjust lighting levels. Mr. Skokowski discussed access areas and proposed parking. Mr. Skokowski requested and received clarification that connectivity to adjacent commercial sites was for both pedestrians and vehicles, which he addressed briefly. Other comments were made regarding wheel stops that the petitioner would meet code requirements but would like to only place wheel stops in areas where they were needed to protect sidewalks. Mr. Skokowski discussed the existing storm outfall which he believed was three times the amount that would be generated after construction of the project. Mr. Skokowski reviewed elevations and described proposed landscaping. Mr. Skokowski reported that one access point had been eliminated to accommodate residents' concerns concerning schoolchildren and that a median cut had been approved by DOT. Mr. Skokowski commented that he would bring material samples to the next meeting. Chair Elect Mignogna objected to the aluminum screening proposed for the rear of the retail and wanted to make sure it was screened well by landscaping. Mr. Channing agreed and favored more density of trees. Mr. Channing suggested reconfiguration of the access drive. Mr. Skokowski described tractor trailer truck access and delivery areas. Mr. Channing suggested addition of pine trees to the design. Mr. Skokowski reported a positive reaction from the neighbors in the residential development; however, they had been clear that they would rather this had been a park. Mr. Skokowski commented regarding the areas to have a wall and fence. Mr. Jones did not care for the aluminum wall in the rear. Shifting the entry road was discussed. Mr. Glidden commented that two existing commercial buildings needed to be repainted. Mr. Pastore commented on the low ratio of building lot coverage, and questioned how the site drained. Mr. Pastore questioned why fill was required, to which Mr. Skokowski responded that the building elevations required were higher than the asphalt, but that he would check to be sure the building elevation was not higher than necessary. Mr. Skokowski agreed to address the upgrade of the outfall structure and check the visual screening of existing residences for both one -story and higher, and for screening of noise from the truck route. Discussion of prior Boston Market plans ensued. Chair Carlino questioned shopping cart storage, to which Mr. Skokowski responded that cart areas would be screened with walls and hedges. It was verified that roof mounted equipment would be fully screened. OLD BUSINESS Mr. Channing disagreed that the vocational school had needed a traffic study for that small business and expressed his opinion that staff needed to be given more latitude with backup from the City Council. It was pointed out that the traffic study was required by ordinance. NEW BUSINESS There was no new business to come before the Planning and Zoning 0 10 ® Planning & Zoning Commission Minutes June 24, 1997 Commission. 0 • 11 • Planning & Zoning Commission Minutes June 24, 1997 ADJOURNMENT There being no further business, upon motion by Mr. Jones, seconded by Chair Elect Mignogna, and unanimously carried, the meeting was adjourned at 11:15 P.M.ccli�i— The next meeting will be held July 8, 1997. APPROVED: _ Diane Carlino, Chair William Mignogna, Chair Elect John Glidden (Absent) Jeffrey Ornstein Thomas P store Thomas Paganini Christbph"e/r Jor0s (Absent) Jotar\Nedvins . - Al-ternate oel Channing, Altern e Edward Tombari, Secretary • 12