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.
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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.
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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
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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.
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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
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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
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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.
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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
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