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