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HomeMy WebLinkAboutMinutes P&Z 021396r] L CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION February 13, 1996 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: Presen Absent Carl Sabatello, Chairman Diane Carlino, Vice Chair John Glidden Phillip Lyddon William Mignogna Thomas Pastore Christopher Jones, Alternate Tom Paganini, Alternate Alternate Christopher Jones sat in the audience and did not participate in discussion or voting. Also present at the meeting were Assistant City Manager Greg Dunham, Assistant City Attorney Paul Golis, Planning and Zoning Director Richard Walton, and Principal Planner Bristol Ellington. ITEMS BY PLANNING AND ZONING DIRECTOR Planning and Zoning Director Richard Walton announced a Visioning meeting on February 22 at the Burns Road Recreation Center. ITEMS BY CITY COUNCIL LIAISON There were no items by the City Council Liaison. APPROVAL OF MINUTES: Minutes of January 23, 1996 - Vice Chair Diane Carlin made a motion to approve the minutes as submitted. The motion was seconded by Mr. Bill Mignogna. The motion was approved by a 7 -0 vote. Planning & Zoning Commission Minutes February 13, 1996 SITE PLAN AND APPEARANCE REVIEW Recommendation to City Council: Petition SP- 95 -16, by Norman Benz, agent for Covenant Community Church, is requesting site plan approval to convert a 14,181 square- foot metal warehouse building to a church. The 4.4 -acre site is zoned MI -A, Light Industrial District, and is bounded on the east by Riverside Drive, on the north by the Thompson River and on the west by Interstate -95. (7- 42S -43E) Chairman Sabatello announced that this petition would be joined with Petition CU- 95 -96. Principal Planner Ellington reviewed the staff report dated February 8, 1996. Pastor Norman Benz, agent for the petitioner, commented that he had recently attending a visioning workshop and had been impressed by the amount of work which had gone into the process and the concept of thinking outside normal guidelines; and explained that church development was necessary to provide strong moral fiber to community development. Pastor Benz explained that asphalt removal for landscape installation had been provided on the site plan, and that the owner had granted verbal permission for the easement requested. Pastor Benz requested that occupancy of the church building be allowed before completion of the landscaping, since improvements must be done on a pay -as- you -go process. Pastor Benz provided a letter indicating that the Department of Environmental Protection's main concerns had been satisfied, and only minor concerns remained. In response to Mr. Paganini's questions, Pastor Benz responded that room for maintenance was needed along the Thomson River, and that the petitioner would remove the fence and trees to provide that access and would clean the riverbank. Mr. Pastore had no comments. Vice Chair Carlino questioned what was anticipated to be accomplished before issuance of a Certificate of Occupancy, to which Pastor Benz responded all striping and sealing of the parking lot would be finished, and that landscaping work would be started immediately. Mr. Ellington pointed out that the City Code required installation of landscaping prior to issuance of a Certificate of Occupancy, however, allowed bonding in some instances such as when a certain species of plant could not be obtained; and stated that he did not know of an instance where a Certificate of Occupancy had been issued with none of the landscaping installed. Mr. Ellington clarified that this was a straight zoning project and that this issue was not within the purview of this Committee. Mr. Glidden expressed concern regarding site circulation issues, and commented that if another curb cut could not be approved by the City, then the entrance should be revised. Mr. Glidden requested guidance from staff regarding whether the Committee should be concerned with circulation problems within the applicant's site, to which Planning and Zoning Director Walton responded that this concern had been presented to the City Engineer, who had reviewed the site. Mr. Walton and Mr. Ellington reviewed the site plan with Mr. Glidden. Mr. Glidden displayed a drawing which he thought would improve the situation. Chairman Sabatello requested that the City Engineer readdress the concerns. Pastor Benz clarified that there would be proper access to exit handicap spaces. Mr. Glidden requested that in order not to delay the petition that some consideration be given at City Council level to either forcing the applicant to relocate the curb cut or allowing them to do it at some future date. Chairman Sabatello requested that the planting bed on the site plan be clarified with dimensions and lines before submittal to City Council, Mr. Ellington verified that the City provided the maintenance of the • 2 • Planning & Zoning Commission Minutes February 13, 1996 Thompson River, that the petitioner would remove existing exotic plants on the bank and remove the fence, and that a 12 -foot maintenance access had been provided. Chairman Sabatello explained that the Committee had no control over delaying some of the improvements to be accomplished until after issuance of a Certificate of Occupancy. Jeff Braums, Attorney for the Petitioner, questioned whether a conditional Certificate of Occupancy could be granted by the Committee. Assistant City Attorney Golis reported that this Board did not have the authority to grant what the Petitioner was requesting. It was pointed out that the Petition could be approved by both the Site Plan and Appearance Review Committee and by City Council, and that the applicant could then apply for a variance. Pastor Benz requested clarification that there was no provision that would allow occupancy of the building without completion of the landscaping, which Chairman Sabatello verified, and explained that the Committee's recommendation would include the five points listed in the staff report. Pastor Benz questioned whether if the petitioner wished to do something differently that there was a different process they needed to go though, to which Chairman Sabatello responded that was correct, and advised that staff could provide direction as to the process and timing. Mr. Glidden made a motion to recommend approval of Petition SP -95 -17 to the City Council with the following conditions: • 1. Prior to final site plan approval, the applicant shall provide the City with a letter from the Florida Department of Environmental Protection approving the contamination assessment report. 2. Prior to the issuance of the Certificate of Occupancy, the applicant shall reconfigure and restripe the parking lot. In addition, the existing pot holes shall be patched and a seal coat shall be applied prior to the issuance of the Certificate of Occupancy. 3. Prior to the issuance of the Certificate of Occupancy, the property owner shall provide to the City an executed easement acceptable to the City along the south property line adjacent to the Thompson River. 4. Prior to the issuance of the Certificate of Occupancy, the exterior of the building shall be painted. 5. Prior to the issuance of the Certificate of Occupancy, all of the site landscaping shall be installed. And with the following further recommendations: The parking arrangement at the southeast corner of the site shall be reconciled to meet City standards with respect to backup distances; probably within the two cars that are most remote on the southeast corner. 3 Planning & Zoning Commission Minutes February 13, 1996 2. The curb cut to the project shall be further studied with the possibility of relocating it as much as 20 feet to the north, or allowing same as an option to the owner at some future date in order for them not to return to this process. Mr. Bill Mignogna seconded the motion. Discussion of the motion followed. Chairman Sabatello questioned whether the comments on the curb cut and entrance were only to be a recommendation for staff and City Engineering to review and take a second look at the situation, to which Mr. Glidden responded that was correct. Chairman Sabatello requested clarification regarding granting the petitioner flexibility to not return before this Board. Mr. Glidden responded that he anticipated this either as a voluntary change on the part of the petitioner or if it did not fit into their economic package to create it as an option. Mr. Glidden verified Chairman Sabatello's statement that the intent was if this situation was reviewed by Engineering and an agreement was arrived at with the Petitioner to make a change, that the process would be continued on to City Council so that the Petitioner would not need to waste time coming back before this Board. Mr. Glidden stated that if the Engineer agreed that this recommendation would be an improvement but Petitioner did not want to do it right away, he recommended that it be an option or alternative in the approval to allow Petitioner to do it at some future date. Mr. Glidden clarified that the approval could be granted without this improvement and the applicant granted permission to do the improvement at their own option, as opposed to forcing them to do it. Chairman Sabatello stated that it would remain as a recommendation, not a condition, which Mr. Glidden verified. Mr. Pastore commented that he agreed with Mr. Glidden that there might be congestion, however, since there were not overlapping services that only single direction traffic was involved; therefore, there might not be as much problem as anticipated by Mr. Glidden. Mr. Glidden commented that if the church was as successful as planned that there could be a problem. There being no further discussion, motion carried by unanimous vote of 7 -0. Public Hearing: Petition CU- 95 -07, by Norman Benz, agent for Covenant Community Church, is requesting conditional use approval to convert a 14,181- square foot metal warehouse building to a church. The 4.4 -acre site is zoned MI -A, Light Industrial District, and is bounded on the east by Riverside Drive, on the north by the Thompson River and on the west by Interstate -95. (7 -42S- 43E) Chairman Sabatello declared the Public Hearing open. Hearing no comments from the public, Chairman Sabatello declared the Public Hearing closed. Vice Chair Diane Carlino made a motion to recommend approval with the following condition: No preschool, day care or private school shall be permitted on the premises without an amendment to the Conditional Use. Motion was seconded by Mr. Mignogna. The motion was approved by unanimous vote of 7 -0. • 4 Planning & Zoning Commission Minutes February 13, 19% Recommendation to City Council: Petition SP- 95 -24, by Henry Skokowski, agent for NWD Ventures Corporation, is requesting site plan approval for the construction of two 3 -story medical office buildings totaling 67,980 square feet on a 7.01 -acre site. Located in the PGA National Office Park within the PGA National Planned Community Development. (10- 42S -42E) Mr. Ellington reviewed the staff report dated February 8, 1996. Discussion of curb cuts ensued, during which Mr. Skokowski, agent for the Petitioner, clarified that both curb cuts existed and that the northern one would disappear and the southern one would stay as is until Phase 2, at which time it would be reconfigured. Mr. Ellington responded to Mr. Pastore that the City Engineer had recommended that appropriate stacking and taper dimensions for the southbound right -turn lane needed to be added to the site plan prior to City Council approval, which was also covered in staff condition 1 (a). Mr. Skokowski referred the Committee to the Petitioner's cover letter dated January 22 which listed modifications which had been made. Mr. Skokowski commented that Petitioner agreed with staff recommendations with the exception of the 2 -foot entrance strip between the sidewalk and the abutting roadway. Mr. Skokowski requested clarification of the drawing for this entrance strip. Mr. Richard Foley commented that expansion of the existing sidewalk location towards the curb would allow existing landscaping to remain, and that a physical curb had been added. Mr. Skokowski clarified that at issue was that the petitioner proposed the sidewalk along the edge of the road and the City Engineer requested the sidewalk be moved 2 feet from the road with the 2 feet between the sidewalk and the roadway to be landscaped. Mr. Walton explained that the City's position was that sidewalks needed to be moved back for safety reasons, whether the curb was mountable or not mountable. Vice Chair Carlino commented she had no problem with the sidewalk next to the roadway in that area at this time, and mentioned that she would rather see a lot of landscaping there instead of removing landscaping to accommodate a sidewalk. Chairman Sabatello pointed out that the Committee must consider the bigger picture of how pedestrian walkways throughout the City would interconnect some day. Discussion of moving the sidewalk ensued. Chairman Sabatello commented he felt strongly on this issue to the point that the petitioner could move the sign if necessary. Mr. Skokowski commented that the southern entrance would remain as is until construction took place, at which time it would be shifted, and stated that it did align with the entrance across the street. Mr. Sabatello cautioned that the entrance must be secured so that cars would not mistakenly turn in and then back out, causing traffic problems. Mr. Skokowski assured the Committee that was not a problem. Mr. Lyddon questioned whether if a traffic problem developed in the future the City had the ability to later permit only a right turn exit from this property, because of the tremendous seasonal increase in traffic coming in from the direction of BallenIsles. Mr. Skokowski reported that the access as planned should accommodate the traffic. Mr. Glidden commented that on the far west portion of the property was a double - loaded aisle with a single loaded aisle which might be connected. Mr. Glidden suggested that 4 parking spaces at the south entrance could be eliminated to improve the traffic flow coming into the site and could be made up by adding two spaces to each of the landscape islands to the west of that area. Mr. Glidden expressed concern with both in and out access at the north entrance, and that a part • 5 Planning & Zoning Commission Minutes February 13, 1996 of the traffic flow was designated to be one way, which would cause people to have to drive through the parking lot to get out. Mr. Foley explained that the reason for this was to accommodate three cars at the dropoff. Mr. Glidden commented that he believed the current configuration would invite people to constantly go the wrong way. During further discussion, Mr. Skokowski pointed out that signage would direct traffic properly, and Mr. Glidden conceded on that item, but stated that he believed the south entrance should be broadened by relocation of the four parking spaces. Chairman Sabatello questioned whether valet parking was planned. Mr. Foley responded that if feasible the petitioner would probably want valet parking. Chairman Sabatello commented on the difficulty of valet parking at similar facilities, and expressed concern that this site would not accommodate the inflow of traffic for valet parking in such a small area. Chairman Sabatello cautioned that City Council might have the same concerns. Mr. Foley reviewed the architectural drawings and the changes which had been made since the last presentation, and commented that the landscaping was shown at 8 -10 years maturity. Discussion ensued regarding signage, and color. Mr. Glidden asked that a note be added to clarify that the top railing would be the same color as the mullion system. Mr. Paganini questioned the lack of landscaping at the base of the building, to which Mr. Foley responded that there was a three -foot band of river rock around the entire building with landscaping away from it. Mr. Skokowski pointed out that the drawing was designed to show the building architecture, not how the actual building and landscaping would appear when actually built. Mr. Walton verified the signage • requirements for this site. Mr. Glidden commented that the building was nice looking, and commented that the material of the top rail and the fact that the sign background would be the exact same color as the precast needed to be noted in the drawings. On the drawing A(5)(10), Mr. Glidden questioned whether the letters would lean as shown, and questioned the size of the letters; and stated that scaling the sign letters down 10 % -15% would make it more subtle and therefore more pleasing. Further discussion of the sign ensued. Mr. Lyddon questioned whether there was a maximum size for lettering, and referred to the original proposed Good Samaritan sign in which the letters had been reduced. Chairman Sabatello commented that he had a problem with the drive -up canopy, and believed the canopy was too thin for the massing of the building. Chairman Sabatello questioned whether other Board members had a problem with the canopy; the others liked the canopy. Discussion ensued regarding drainage from the roof. Chairman Sabatello questioned whether screening of roof - mounted equipment needed to be discussed. Mr. Glidden commented that the drawings showed all equipment would be contained within a 20' parapet wall. Mr. Walton responded to Chairman Sabatello's question whether roof - mounted equipment or technical design of the roof plan needed to be considered by this Committee on any petition, that his feeling was only if the Committee foresaw a problem, and explained that there was direction from the City Council to eliminate conditions from this Committee or from staff which already existed in the Code. Discussion ensued regarding how a problem would be handled if a piece of equipment taller than the parapet were installed so that the petitioner increased the parapet height to screen the equipment in order to meet code, however, that was then not what the Committee had seen during their review. Chairman Sabatello requested that standard wording be developed to be added as a condition to all commercial properties with roof - mounted equipment, even though it was Code, to make it very clear that the petitioner understood that what they had represented was what was approved. Discussion ensued, and Chairman Sabatello requested that staff follow through with this matter. Director Walton reported that is 6 Planning & Zoning Commission Minutes February 13, 1996 a new position would be filled which would have responsibility for enforcement of this issue. Mr. Paganini questioned the location of art for the Art in Public Places program. Mr. Foley responded that had not yet been discussed. Discussion ensued whether the ordinance required art to be only on the exterior. Vice Chair Carlin made a motion to recommend approval of Petition SP -95 -24 to the City Council with the following conditions: Prior to being scheduled before the City Council, the petitioner shall revise the development plans as follows: a. Reflect the appropriate stacking and taper dimensions of the southbound right -turn lane along Fairway Drive. b. Reflect the width of the sidewalk along PGA Boulevard as being 6 feet. C. Provide a minimum 2 -foot green strip between the sidewalk and the curb between the northern driveway and PGA Boulevard along Fairway Drive. The site plan shall be revised to revised to show the proposed sidewalk (that is located north of the southern driveway) to be constructed parallel to Fairway Drive instead of having the triangular ® "jog.. 2. A copy of the topographic information for this property shall be submitted for review by the City Engineer prior to City Council approval. 3. In order to verify on -site water quality retention and allowable discharge from this project, the applicant shall provide the portion of the PGA master drainage plan for this site. This information shall be provided prior to issuance of the first building permit. 4. A lighting plan, which meets the Land Development Regulations requirements, shall be submitted prior to the issuance of the first building permit. 5. At such time in the future, if the City takes over landscape maintenance for Fairway Drive, the property owners of the subject project shall pay a maintenance fee to the city for landscape maintenance of the adjacent road shoulder and half of the median. A reasonable fee shall be determined annually, paid in quarterly installments by the property owner commencing on the first of November. 6. A sidewalk easement, granting access to the public, shall be provided for the 6 -foot sidewalk located along PGA Boulevard and the 5 -foot sidewalk located along Fairway Drive prior to the issuance of the first building permit. The sidewalks shall be maintained by the property owner, without recourse to the City of Palm Beach Gardens. 7. An easement provided for the maintenance of the entrance sign and landscaping by the PGA 7 • Planning & Zoning Commission Minutes February 13, 1996 Property Owners Association shall be provided to the City prior to the issuance of the first building permit. Mr. Pastore seconded the motion. Mr. Glidden requested an amendment to the motion to recommend looking at improving the sweep of the southern entrance by relocating the four parking spaces further to the west in order to increase the radius into the northbound aisle. Mr. Glidden recommended that the Art in Public Places be placed on the exterior of the building. Mr. Mignogna seconded the amended motion. Director Walton questioned how the Art in Public Places condition would apply if the petitioner chose to pay money in lieu of having art on the site; Mr. Glidden responded that then the applicant would pay the money. Mr. Skokowski commented that the finished site plan showed 22 parking spaces over the required amount, and questioned whether the petitioner had the choice of eliminating the four spaces instead of relocating them. Mr. Glidden stated he would amend the amendment to say "either deleting or relocating" the four spaces. Chairman Sabatello stated he would vote against the motion because he still had a problem with the plaza and its whole circulation plan. The motion carried by vote of 6 -1, with Chairman Sabatello voting against the motion. PLANNING AND ZONING COMMISSION Public Hearing: Petition PCD- 95 -02, by Domenick Lioce, agent for CTB Realty Ventures, Inc., to amend Ordinance 1, 1990 for the Northcorp Center Planned Community District (PCD). Located, in general, by RCA Boulevard to the north, Burns Road to the south, Interstate 95 to the west and the FEC Railway. (742S43E) Chairman Sabatello declared the Public Hearing open. There being no comments from the public, Chairman Sabatello declared the Public Hearing closed. Chairman Sabatello announced that this Public Hearing would be postponed to two weeks from February 13, 1996. Mr. Ellington commented that if the information was not provided in sufficient time for review that another postponement would be requested. OLD BUSINESS In response to Mr. Glidden, Director Walton explained that there was concern regarding the drive - through at the proposed Burger King at PGA National. Mr. Glidden expressed concern that if there was an issue as fundamental as this Commission approving a project with a drive -in and then the City Council saying that drive -ins were not appropriate in that location, that the Commission was off track. During ensuing discussion, Chairman Sabatello commented he had not voted to approve the project because of circulation problems. Mr. Glidden expressed the opinion that this was a situation where the City should have a minimum stacking requirement, and that it should not be a value judgement. Mr. Glidden stated he found it embarrassing that City Council would reject an application based upon a fundamental issue; Mr. Walton clarified that the City Council had raised concerns about the design and site at a workshop, • 8 • Planning & Zoning Commission Minutes February 13, 1996 • and the petitioner had not yet responded to the concerns. Mr. Ellington stated he did not believe the City Council felt Planning and Zoning Commission had not done a proper job; however, this was a concern that they had raised with the design of this project and they were not saying that they did not want drive - throughs in the City. Mr. Ellington stated that drive - throughs were specifically prohibited along PGA Boulevard. After further discussion, Mr. Glidden clarified that his point was that this Commission needed to be more in sync with the City Council and the issues they were looking for, so that the Commission could do a more thorough job at their level, and more projects would flow more smoothly through the process rather than a whole new set of issues raised at City Council level. Planning and Zoning Director Walton commented that another issue which had figured strongly in the discussion by City Council was a concern that the site would not be able to handle 18- wheelers. Chairman Sabatello clarified that the Commission desired feedback from the City Council so that petitioners would not be affected. Mr. Glidden suggested that a workshop be held with the City Council to clarify the issues that the Planning and Zoning Commission should consider in order to be a unified City Board and to be more efficient, and to allow the Commission to control all of the garbage issues so that the City Council could just review and move many projects on through the process. Mr. Mignogna expressed concern with the large letters in Pep Boys visible through their glass doors. Mr. Glidden stated he would really like to meet with the City Council for a design workshop. Director Walton suggested contacting the City Council Liaison in regard to this matter. NEW BUSINESS Chairman Sabatello questioned whether landscape and building lighting was covered in the City code, to which Mr. Walton's response was that he did not believe it was covered. Chairman Sabatello expressed concern with lighting staying after the holiday season was over, which was used for attraction, and commented that if done tastefully it was all right, however, it would not always be done tastefully. Discussion ensued regarding retailers using lights to attract business. Director Walton stated that staff would look into whether there was a Code provision regarding using lights as signage. Chairman Sabatello asked Commission members to observe lighting in the City and to think about a way to stop a person who abused the concept. Mr. Mignogna inquired whether the external flood light at Covenant Church was allowed by Code, to which Mr. Walton responded that was security lighting. . 9 • Planning & Zoning Commission Minutes February 13, 1996 ADJOURNMENT There being no further business, upon motion by Vice Chair Carlino, seconded by Mr. Mignogna, and unanimously carried, the meeting was adjourned at 9:30 P.M. The next meeting will be held February 27, 1996. APPROVED: C Sabatello, Chairman Diane Carlino, Vice Chair (;490t--� J hn idden Phillip Lyddon • !�D� Wi iam Mignogna Thomas Pastore Y r Jones, ter ate ini, ternate ckie Holloman, Secretary 0 10