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HomeMy WebLinkAboutMinutes P&Z 022597CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION February 25, 1997 MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chairman Carl Sabatello 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 Secretary Jackie Holloman: Present Carl Sabatello Diane Carlin John Glidden Tom Pastore John Nedvins Jeff Ornstein Absent Chris Jones William Mignogna Tom Paganini • Also present at the meeting were City Council Liaison David Clark, Assistant City Manager Gregg Dunham, City Attorney Paul Golis, Planning and Zoning Director Richard Walton, Principal Planner Marty Minor, Principal Planner Kim Glas Castro, Planner Bahareh Keshavarz, Planner Edward Tombari, and Planner Jamie McCluskey. ITENS BY PLANNING AND ZONING DIRECTOR A workshop for Board Members to be held on March 8, 1997 at FAU was announced. ITEKS BY CITY COUNCIL LIAISON There were no items by the City Council Liaison. Minutes of February 11.1997 - Vice Chair Carlino made a motion to approve the minutes as submitted. Mr. Ornstein seconded the motion, which carried by unanimous 6 -0 vote. 9 Planning & Zoning Commission Minutes February 25, 1997 PLANNING AND ZONING COMMISSION Public Hearing: petition POD- 96 -06, by Joseph W. Porten, for the development of a Planned knit Development (POD) for the construction of 13 zero lot line townhomes. The 1.45 -acre site 3s located on the west side of military Trail, north of Holly Drive. (12 -425 -428 Principal Planner Marty Minor reviewed the staff'report dated February 14, 1997. Joseph Porten, agent for the petitioner, explained that the City engineer had listed two separate conditions, that a curb cut permit be obtained from the Florida Department of Transportation, and another regarding the sight distance triangle; however, the sight distance triangle was a part of the curb cut permit. Mr. Porten stated that the applicant accepted the staff conditions. A green colored roof tile sample was displayed for consideration. Mr. Ornstein questioned whether the exterior elevations had been revised as requested at the last meeting, to which Mr. Porten responded that the side elevations had been revised. Discussion ensued regarding revised drawings, and the fact that material given to the Board for review was not what the • petitioner was representing. Attorney Golis recommended that if staff had no concerns that the elevation presented which did not match be made a part of the record. Staff had no concerns since the difference was only an aesthetic issue. Discussion ensued regarding changes in the elevations. Mr. Ornstein commented that the colors did not match the actual samples, and it would behoove the applicant to present accurate drawings and colors. Chairman Sabatello declared the Public Hearing open. Bill Schmidt, 4599 Holly Drive, expressed concern that residents did not want an alley along the back property line and to make sure that access would be closed off to the general public. Another concern was safety and security for existing properties because of access along the back of the canal by the twelve additional families living in the proposed project. Mr. Schmidt inquired what provisions would be made for that. Mr. Schmidt stated that the nearby residents did not know whether these units were intended for sale or rental and their price. Joe Porten stated that he was Joseph Porten's father, and explained the easements which had existed for many years. Ben Simms, 4549 Holly Drive, expressed concern with the proposed Planning & Zoning Commission Minutes February 25, 1997 landscape which he believed to be inadequate because of gaps and questioned the sizes of the proposed plants. Joe Watson, 4567 Holly Drive, questioned where windows were in the rear since the elevations had been changed, and expressed concern that windows might overlook his property. Susan Schmidt, 4599 Holly Drive, expressed concern that landscaping would not be adequate to prevent the new residents from having access to her property. Chairman Sabatello requested and received information regarding where fences existed on the present residents' properties. Mrs. Schmidt expressed safety and disruption concerns. Chairman Sabatello declared the Public Hearing closed. The Landscape Architect for the project described the landscape plan, indicated that the plan provided buffers to block views into adjacent properties, and that where there were no windows no buffers had been provided. Proposed clusters of trees were described to be planted at 12' height, 10, spread, and approximately 151 to 201 apart. Discussion ensued regarding whether sufficient density would be • provided with the plant materials proposed. Mr. Nedvins stated that he was comfortable with the landscaping, and commented that if the quoins were removed and only banding left that the banding should run the entire length of the south elevation. Mr. Glidden recommended that the number of sabal palms be doubled on the south elevation to soften that elevation. Mr. Glidden agreed with the colors presented and recommended that the banding be carried all the way to the end and the arches presented at the last meeting be reinstated. Mr. Glidden questioned whether the applicant had looked into his previous recommendation of a single window with a bow top for the west elevation, to which the applicant responded that it had been easier to place a beam on top and make the effect of an arch out of stucco. Mr. Glidden again recommended the single window. Mr. Ornstein recommended that the applicant review the whole package design for the project, and commented that he believed the project was not yet ready for approval. Vice Chair Carlino recommended more landscaping. Chairman Sabatello suggested placing trees greater in height than wax myrtle all along the southwest property line to screen the massing of the roof. Jacqueline Simms, 4549 Holly, commented that the open area of the project would greatly impact her property and that of her neighbors, and there was no landscaping to block the project from their view. • 3 Planning & Zoning Commission Minutes February 25, 1997 Chairman Sabatello stated that on the south elevation of record dated 1/9/97 which showed an arch window over the dining room window and an arch over the garage window, the band should be continued from the front all the way to the end of the rear privacy wall; and recommended an increase the number of booted sabal palms from three to a sufficient number to provide adequate screening for massing, the number of which should be determined by the landscape architect for the project. Chairman Sabatello recommended that the wax myrtle and underplanting be continued along the southwest property line from the corner to the canal, and also to add trees for screening and protection of the roof massing from the adjacent residents. Chairman Sabatello recommended a simple drawing from the neighboring property showing a view line, and demonstrating that the view line would be blocked by landscaping. Chairman Sabatello advised that the transom as shown on the rear sliding doors was unacceptable and must be more appealing. Chairman Sabatello clarified that the banding should be continued on all elevations, not just the south elevation as he had stated earlier. Mr. Ornstein commented that the petitioner had not taken the time to discuss the project with his neighbors, and suggested the possibility • of a section of fencing for the open area, but emphasized that suggestions and comments should be taken into consideration in an overall design. Chairman Sabatello commented on the importance of concerns of the neighboring residents and invited questions from the applicant regarding suggestions made by the Board. Mr. Porten questioned exactly what the Board wanted regarding the landscaping, to which Chairman Sabatello responded by making the same comments as earlier. Mr. Ornstein made a motion to table Petition PUD -96 -06 until the next scheduled meeting at which time he hoped the petitioner would have a coordinated plan. Mr. Pastore seconded the motion. It was clarified that the Public Hearing had been concluded so that the motion would table only the recommendation for the project. The motion carried by unanimous 6 -0 vote. Public Searing: Pe t1 ti on PUD - 95 04, PGA Shell Service Station, by Jeff Falkanger, agent for Shell Oil Company, requesting to rezone a 0.52 acre site from CG -1, General Commercial District, to a Planned Unit Development, with an underlying zoning of CG-1, to convert the existing gasoline station with two service bays into a "foodmart" and 4 Planning & Zoning Commission Minutes February 25, 1997 install five (5) new gas dispensers under a new canopy. The si to is located on the northeast corner of Military Trail and PGA Boulevard. (01- 42S -43B) Principal Planner Marty Minor reviewed the staff report dated February 18, 1997, including conditions recommended by staff. In response to inquiry by Chairman Sabatello, Mr. Minor explained that he had read the recommendations aloud specifically because this was a public hearing. Chairman Sabatello questioned whether waivers should be included in recommendations, to which Mr. Minor responded that staff preferred the Commission to make such decisions. It was the consensus of the Commission that waivers be included in staff recommendations so that they could be easily identified and considered by the Commission. Doug Snyder, representative for the petitioner, reviewed changes which had been made since the last meeting. The roof pitch was discussed. Mr. Snyder verified that the petitioner agreed to all conditions and understood the requested waivers. Comments from the Commission members revealed no further objections, and agreement that a 4/12 roof pitch should be the maximum pitch. Chairman Sabatello declared the Public Hearing open. Hearing no comments from the public, Chairman Sabatello declared the Public Hearing closed. Mr. Ornstein made a motion to recommend approval to the City Council of Petition PUD -95 -04 with the following conditions and the three waivers requested: 1. Prior to the issuance of a building permit, the applicant will provide documentation to the City which supports existing and /or proposed provisions for water quality and legal positive outfall for the drainage system. 2. Prior to the issuance of a building permit, the applicant shall provide documentation from the Florida Department of Transportation indicating the approval of landscaping in the right -of -way at the intersection of PGA Boulevard and Military Trail. 3. All landscaping within the PGA Boulevard and Military Trail right -of -way adjacent to the applicant's property shall be maintained by the applicant. 0 5 • Planning & Zoning Commission Minutes February 25, 1997 4. Food and drink provided within the food mart shall be limited to self - service items only, including (but not limited to) such items as hot dogs, doughnuts, coffee, or fountain soft drinks, which customers may select and purchase without assistance, preparation, or assembly by the employees of the service station. One microwave oven, for self - service heating or reheating of food and drink items shall be allowed. Mr. Glidden seconded the motion. Mr. Ornstein amended the motion to include a 4/12 roof pitch. vice Chair Carlin seconded the amendment. Mr. Ornstein clarified that five waivers were requested as shown on page 2 of the staff report, i.e., Setbacks Section 118- 206(g): Front building Front canopy setback of 15' -2 ", Yes setback of 50 feet and side street building setback of. The building is setback of 40 feet. Section 118- setback 78' from the front property 280(4)(a): No structures within 55 ft line. of ROW Section 118- 280(4)(a)1: No paved I Paved vehicular use area 4 ft from I Yes area for vehicles within 55 feet of ROW ROW I ( Section 118- 206(g)(2): Side building I Trash enclosure to be placed within the I Yes I setback of 15 feet. 15 feet setback Landscaping Section 118- 280(4)(a)2: Entire 55 ft shall be grassed and landscaped Paved area and canopy within 55 feet Yes Parking Section 118 -539: Number of spaces No bicycle space to be provided. Yes required. 5% of required vehicular parking for commercial use. Floor Area Section 118- 290(8)(a): Floor area Sales area for accessory convenience Yes allocated to the sale of accessory items to be 1,771 square feet. convenience items is not allowed to exceed 500 square feet for motor vehicle fuel sales without service. Both the motion and the amendment carried by unanimous 6 -0 vote. Recommendation to City Council: Petition LU -96 -02 is a small -scale land use amendment designation from Residential Medium to Commercial for a 1.377 acre parcel located north and northeast of the C Planning & zoning Commission Minutes February 25, 1997 intersection of Shadberry Street and Northlake Boulevard. (18 -42S- 43E) Principal Planner Kim Glas Castro explained that this was the first small scale amendment to be considered under the new review process, and reviewed the staff report dated February 25, 1997. Jonathan Rickets introduced others present on behalf of the petitioner. Mr. Rickets explained that the property consisted of two parcels. Mr. Ornstein clarified that each parcel was divided by ownership and that both parcels had split land use designation. Vice Chair Carlino made a motion to recommend approval of Petition LU- 96-02 to the City Council. Mr. Ornstein seconded the motion, which carried by unanimous vote of 6 -0. workshov: Petition CU- 97 -01, Space Station Alpha, by Rob Walsh, agent for Rival Entertainment of PBG, L.C., representing the Space Station Alpha, for an amendment to a conditional use approval in the CG -1, General Commercial zoning district to allow 50 skill game -type machines and video games at the Space Station Alpha, located in the Gardens Towne Square shopping center. (24- 42S-42E) Principal Planner Marty Minor reviewed the staff report dated February 14, 1997. Rob Walsh, agent for the petitioner, explained that this business attracted customers of all ages, from five to six years old to adults, however, the target age group was from seven to eight to fifteen to sixteen. Mr. Walsh described the games available, and explained that the only type of loitering in front of the building was smokers. Chairman Sabatello reported he had observed skateboarding at the site. After discussion, Mr. Walsh commented that "No Loitering" signs could be placed in front if a problem developed, and that he wanted the business to remain kid friendly and to accommodate church groups. Chairman Sabatello explained that skateboarders could pose a problem for nearby restaurants. Vice Chair Carlino commented that the neighbors might welcome a family- oriented business nearby. Mr. Nedvins reported that his company managed Golden Bear Plaza where handrails had to be replaced from skateboarders jumping on them, and explained that he had met with a police officer to discuss the problem and now the police responded immediately when he called regarding that problem. Mr. Nedvins commented that he did not believe the 7 Planning & Zoning Commission Minutes February 25, 1997 Petitioner's problem was as serious as the one at Golden Bear, however, working with the police department was a possibility. Hours of operation were described as 3 p.m. to 10 p.m. Monday - Thursday; 3 p.m. to midnight on Friday, noon to midnight on Saturday, and 12 p.m. to 10 p.m. on Sunday. Mr. Walsh explained that no cigarettes or alcohol was sold on the premises. The fifty bicycle spaces required by code were discussed. Mr. Walsh explained that his intention was to place the bike racks against the hedges, which would not interfere with car parking. Mr. Ornstein questioned why so many extra game machines were requested, to which Mr. Walsh responded that there was a high demand, especially during birthday parties, and that by law there must be a minimum of fifty machines in order to dispense redemption tickets as prizes. Discussion ensued regarding types of machines and the market for specific machines which would make money. Mr. Ornstein requested that the exit requirements in the arena area be checked. Mr. Ornstein and Chairman Sabatello expressed concern with loitering and suggested the petitioner discuss the matter with the police department. Mr. Pastore mentioned the following items to be addressed by the petitioner: bicycle rack locations, loitering, and occupancy capacity of the building. • NEW BUSINESS Planning and Zoning Director Walton announced that he had resigned his position with the City to accept a new job in Miramar. Mr. Walton explained that the City was in the process of advertising for a Growth Management Director who would be in charge of code enforcement, engineering, planning, and building, and Mr. Walton's present position title would be changed to Planning and Zoning Manager. Mr. Walton encouraged the Commission's support for staff in the many intricate upcoming projects which were anticipated, and invited the Commission members to attend a reception the following Thursday night. Chairman Sabatello wished Director Walton good luck in his new endeavor, and assured staff that the Commission would help in any way possible. OLD BUSINESS Chairman Sabatello inquired as to the phasing for the Alternate A1A median landscaping, to which Planning and Zoning Director Walton responded that the building had not yet received its Certificate of Occupancy and he was unsure of the timing for the landscaping. • 8 Planning & Zoning Commission Minutes February 25, 1997 There being no further business, upon motion by Vice Chair Carlino, seconded by Mr. Ornstein, and unanimously carried, the meeting was adjourned at 9:30 P.M. The next meeting will be held March 25, 1997. APPROVED: Carl Sabatello, Chairman Diane Carlino, Vice Chair John Glidden (Absent) William Mignogna Thomas Pastore (Absent) Tom Paganini (Absent) Christopher Jones Jeff OryfAteiA,\ Alternate John Nkdvins, /Alternate J kie Holloman, Secretary • 9