HomeMy WebLinkAboutMinutes P&Z 021396r]
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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
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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.
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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.
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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
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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
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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
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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,
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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.
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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
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