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HomeMy WebLinkAboutMinutes P&Z 061196CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION June 11, 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 Bahareh Keshavarz: Present Absent Carl Sabatello, Chairman John Glidden Diane Carlino, Vice Chair Christopher Jones William Mignogna • Tom Paganini Thomas Pastore Jeff Ornstein, Alternate Also present at the meeting were City Council Liaison David Clark, Assistant City Manager Greg Dunham, Assistant City Attorney Paul Golis, Planning & Zoning Director Richard Walton, and Principal Planner Bristol Ellington. ITEMS BY PLANNING AND ZONING DIRECTOR There were no items by the Planning and Zoning Director. ITEMS BY CITY COUNCIL LIAISS There were no items by the City Council Liaison. Minutes of May 28, 1996 - Mr. Jeff Ornstein made a motion to approve the minutes as submitted. The motion was seconded by Mr. William Mignogna. The motion carried by unanimous 7 -0 vote. Planning & Zoning Commission Minutes June 11, 1996 SITE PLAN & APPEARANCE REVIEW COMMITTEE Recammendation to City Council: Petition SP-96-03, by G.S. Cantelou, agent for the Sports Authority Florida, Inc . , to request site plan approval for the demolition of an existing 20,284 square -foot office building and subsequent construction of a one - story, 42,973 square - foot retail building for Sports Authority. Located south of Northlake Boulevard and immediately to the vest of the Costco Nbolesale. (19- 425- 43S) Principal Planner Ellington reviewed the staff report dated June 6, 1996. Mr. Ellington verified that this site was vested for traffic concurrency under the old FPL use as well as the mirror image office building, and that staff had inspected the parking lot at the site. Chairman Sabatello asked for an explanation of recommendation No. 4, to which the response was that this recommendation dealt with future connections which when connected would require a cross access agreement. Discussion ensued during which the question was raised . regarding how the City could assure that the connection would happen if, for instance, in the future neither party wanted the connection. Planning & Zoning Director Walton explained that on another project a condition had been made which required the project to record half of the agreement up front and the other half to be recorded at a future date. Chairman Sabatello stated that the condition was not clear to him and that the language should be standardized, since this issue would arise on other projects. Vice Chair Carlino expressed concern that storm water drainage needed to be defined. Mr. Ellington responded that the final detail for drainage was typically at the construction phase. G. E. Cantelou, agent for the, petitioner, clarified that the landscaping elevations reflected the landscape plan; that the plantings adjacent to the building were shown at installation size; and that existing vegetation which would remain was not shown on the elevations. Mr. Ornstein expressed concern that the tile treatment was not carried around to the south side of the building. Mr. Cantelou 0 2 Planning a Zoning Commission minutes June 11, 1996 explained that the south side was a loading, compactor, and dumpster area with no pedestrian traffic and was screened by vegetation. Mr. Ornstein stated that the architectural treatment should be carried around to the rear. Mr. Ornstein objected that the size of the signage was too large. In response to Mr. Ornstein's question regarding a cross access agreement for access to Costco property and to the western property, Mr. Cantelou assured the Committee that the petitioner had no objection to recording a cross access agreement up to the property line. Mr. Pastore expressed the opinion that more traffic on Burma Court, a residential street, was undesirable; that the existing traffic light should be utilized for access rather than the entrance shown by the petitioner; and that the retail use was too intense for this location. Mr. Cantelou explained that the County had not objected to the entrance at its present location. Mr. Ornstein commented that the entrance was dangerous. Mr. Ellington commented that the police had expressed a concern regarding two driveways. No engineering concerns had been raised. Discussion ensued regarding the vacant commercial property to the west during which Mr. Cantelou explained that Sports Authority had purchased the whole parcel. Mr. Ornstein stated that the City did not want commercial traffic dumping onto residential streets, and until the City had proper assurances regarding traffic that this project could not be approved. Chairman Sabatello verified that the problem was traffic and safety, and that some of the Committee members wanted access to Burma, while others wanted to see circulation east back to the existing traffic light. Comments were made that the only way to relieve some of the traffic problem was by a connection to the west, and that the main problem was that traffic leaving Sports Authority would try to go across Northlake Boulevard. Chairman Sabatello stated that the majority of the Committee were not comfortable with the traffic circulation and safety of this petition and if the applicant could not obtain an improvement to the circulation of this property that there was a problem. Mr. Cantelou responded that Sports Authority was in negotiations with Costco and with the owner of the existing office building to the • 3 _ Planning & Zoning Commission Minutes June 11, 1996 west for easement agreements. Kyle Caberski of Sports Authority questioned whether the Committee would be agreeable if cross access between Costco and Sports Authority was granted so that traffic could get to the light. The Committee members responded that would be agreeable if complete circulation were provided, i.e., by removal of parking spaces. Chairman Sabatello explained that the petitioner had a right for a recommendation from the Committee whether favorable or unfavorable. With a favorable recommendation the petition would proceed to City Council and if not favorable the process could reverse to bring the petitioner back before this Committee. Mr. Mignogna questioned whether a condition could be made to require the connection to which Assistant City Attorney Golis responded that the problem was possible future contract zoning, and that he recommended deferral until a cross access agreement was in place. Discussion of other items resulted in a request to insert iron angles on the outside corners of the corrals, and that the signage size was acceptable. Mr. Cantelou requested that the petition be allowed to proceed to City Council with an unfavorable recommendation and stipulation that one issue was the reason for denial, since negotiations were so close on the cross access and he believed it would be resolved before City Council review. Attorney Golis restated that he recommended deferral for reasons previously stated. Mr. Ornstein made a motion to deny Petition SP -96 -03 on traffic circulation grounds and when these problems were resolved that this petition return to this Board. Mr. Pastore seconded the motion. During discussion of the motion, Vice Chair Carlino expressed concern that the petitioner did not understand that the reason for denial was not only because of the lack of a cross agreement with Costco, but that the whole traffic circulation must be improved. Mr. Cantelou commented that approvals had been received from the County, and that the City Engineer, Traffic Consultant, and Kimley -Horn had all been satisfied. Vice Chair 4 i Planning & zoning Commission Minutes June 11, 1996 Carlin referred the petitioner to other similar problems within the city such as the entrance to Loehmann's Plaza. The motion carried by 6 -1 vote, with Vice Chair Carlino voting against the motion. Chairman Sabatello commented that the changes to the plans which the petitioner had made since the last meeting were excellent and that it was unfortunate that the Committee could not be more favorable. Mr. Pastore urged all of the other Committee members to go to the site to observe traffic if this petition came before the Committee in the future. Recommendation to City Council: Pe t3 ti on SP-96-05, by Henry Skokowski, agent for Ballenlsles Development Company, is requesting site plan approval for the construction of 28 single - family detached residential units on 8.55 acres on Parcel 22 in the Ballealsles Planned Community District (PCD). (13&14- 42S -42B) Chairman Sabatello announced that his company was actively involved in building within BallenIsles and had been since its inception, however, he had no interest in this POD and had no affiliation with this petitioner. Principal Planner Ellington reviewed the staff report dated June 3, 1996, and requested direction to waivers needed of no sidewalk at the entrance and the "T" turnaround. During discussion of the turnaround, Mr. Ornstein questioned whether the "T" part of the turnaround could be moved to the west. Henry Skokowski, agent for the petitioner, introduced other parties present on behalf of the petitioner. Mr. Skokowski discussed options provided by the Code of a "Y" or "T" turnaround, and explained how the measurements had been made from the cul -de -sac to the "T" turnaround. Mr. Skokowski explained that if the "T" turnaround were moved that the 25' landscape buffer would be encroached, and requested a waiver for this item. Concern with establishing a precedent was expressed. 5 Planning a zoning commission Minutes June 11, 1996 Mr. Skokowski explained that the landscape buffer was part of the roadway construction plan. Dan Mock explained that all of the trees were installed. Mr. Skokowski explained how the measurements for the "T" turnaround had been done, and commented that no reports recommending against or opposing their method of measurement had been received. Chairman Sabatello questioned whether the roadway could be moved, to which Mr. Skokowski responded that the geometry would require it to be moved significantly. Vice Chair Carlino questioned what the problem was if the requirements of a "T" turnaround were satisfied. Chairman Sabatello explained that the impact resulting from deviation of the established standard must be considered. Ensuing discussion encompassed moving the lot line, and the possibility of a curbcut, which were rejected. Raising the road slightly to the north, moving the "T" to the west to encroach only slightly into the landscape area, and moving the property line of the lot was suggested. Mr. Skokowski explained that would not solve the problem, and was concerned with the interpretation of the Code. Mr. Skokowski explained that if he was permitted a measurement between 45' and 86' he could accomplish that by encroaching into the buffer, and requested a waiver to accomplish same. Mr. Mignogna suggested that the 38' right -of way be made wider in order to reduce the 86'. Chairman Sabatello asked whether any Committee members were in favor of exactly the way this area was drawn on the site plan, to which Vice Chair Carlino responded that she would be in favor of it provided the City Engineer had no problem. Chairman Sabatello asked if anyone opposed the drawing, to which Mr. Ornstein, Mr. Mignogna, and Chairman Sabatello indicated they were opposed. Vice Chair Carlino questioned why a variances would not be appropriate, to which Chairman Sabatello responded he believed there were ways to make the situation better. Mr. Skokowski stated it was her understanding that the City Engineer did not state opposition in their letter. Chairman Sabatello commented that several ideas had been expressed which could be utilized. Mr. Skokowski stated that under the guidelines provided that he could improve the situation. The waiver requested for the sidewalk was discussed. Only one 6 Planning & Zoning commission minutes June 11, 1996 Committee member expressed a problem. Chairman Sabatello questioned the purpose for the 15' common space between lots 13 and 14, to which Mr. Skokowski responded that was a condition created by switching the zero sides of the lots to provide orientation for better views, and the space would be graveled for drainage. Nader Salour explained that the front and back of buildings would be landscaped and that from the street the graveled area could not be seen. Chairmen Sabatello questioned how the sidewalk would be addressed west of lot E1 and west of lot E8, to which Mr. Skokowski responded that there would be a walkway with a hedge planted on both sides of the portion of the sidewalk that ran between those two lots. Chairman Sabatello suggested that more detail regarding hedge heights, hedge type, etc. be provided. Mr. Salour indicated that the hedge heights would be determined by the property owners and would be under the jurisdiction of the Community Association. Mr. Jones indicated a problem with the graveled area and suggested a partial sidewalk or brick pavers to provide access. Dan Mock described the main entrance landscaping, lighting, and seating. Mr. Jones questioned the left -hand bubble, and it was determined that it would not be a problem to remove it. Chairman Sabatello expressed concern that the City Council did not have time on their agenda to conduct detailed wall and sign reviews, and he would like those to be reviewed by this Board. Mr. Ornstein suggested that a condition could be made that those items must return to this Board. Mr. Skokowski indicated that other waivers were also requested. Gregory Niklos, architect for the project, reviewed the exterior architecture elevations, and explained there were three models with 171 x 8' privacy courtyards containing garden areas. Entrances would all be surrounded by garden areas. Different types of shutters were used to help create differences in architecture. Proposed colors were pastels with white roofs. Architectural features were reviewed and discussed. Mr. Jones 0 7 • • Planning & Zoning Commission Minutes June 11, 1996 indicated that a site plan showing the footprints and orientations would be desirable, which was produced for review. It was clarified that any model could be placed on any lot. After discussion, Chairman Sabatello verified that the golf cart access was to the non -zero side, commented that the buildings were beautiful, and indicated that the amount of outdoor living space on the non -zero side adjacent to the sidewalk should be looked at again by the petitioner. It was reported that the City Forester had expressed concern that landscaping might have difficulty growing in the open space area. Chairman Sabatello noted lack of standard language regarding the number of two -story homes which could be placed next to each other, and requested that be revisited. This petition was not recommended to proceed to City Council, but to return before this the Site Plan and Appearance Committee for further consideration. Pub1Ac Teari : PttitAgaa PUD- 96 -01, by Donaldson R. Searing, agent for Mr. Steven Lovas, for an amendment to the Comfort Inn Planned Mi t Development (POD) for the demolition of as existing one -story 1,880 square -foot commercial building and construction of a two -story 7,744 square -foot ancillary building and other site changes. The 1.85 acre site is located east of U.S 8ighway One, approximately one -tenth mile south of PIETA Boulevard. (4 - 42S- 438) Principal Planner Bristol Ellington reviewed the staff report dated June 6, 1996. A letter from an adjacent property owner to the east had been received, outlining Concerns of noise generated from the pool and of drainage. Condition 2 was discussed in more detail in response to a question by Mr. Ornstein. Donaldson Hearing, agent for the Petitioner, introduced others also present at the meeting on behalf of the Petitioner. Mr. Hearing explained that concerns raised by the adjacent homeowner had been addressed by filling holes in the landscape buffer with additional n Planning & zoning Commission Minutes June 11, 1996 trees and noted that the swimming pool would not be lighted, would close at dusk, and that this particular pool would be located near the offices and check -in facilities which would allow monitoring of activities in the pool. Mr. Hearing commented that the City Engineer had recommended that the loading zone be 121 x 351, and that there had been no loading zone provided in the original approval. Two loading zones were to be provided in this project, one of which Mr. Hearing requested be 9' x 351, and the other 121 x 351. Rick Sapper, attorney with Carlton Fields, referred to Condition 2 and explained that it had always been the intention of the property owner that this building be an accessory to the hotel. Attorney Sapper suggested additional language to Condition 2 to change it from The ancillary building's use shall be restricted to activities of guests of Comfort Suites Hotel to The ancillary building's use shall be restricted to activities of guests of Comfort Suites Hotel when occupancy of the Hotel dictates that use by non- guests could create parking problems. Discussion ensued, during which Attorney Sapper explained that a situation where the parking lot • might be used by non - guests would be a Kiwanas club lunch, etc. Planning & Zoning Director Walton stated this was the first time this proposal had been raised; that it had not been discussed at the workshop; that the original approval recognized this building as ancillary with no additional impact; and that additional traffic had not been considered for concurrency purposes. Attorney Sapper referred to the traffic study prepared by Kimley- Horn which indicated that the ancillary facilities for the Comfort Inn were not anticipated to create additional parking demand, particularly during the peak period of parking demand of late evening and early morning hours, and that if there were to be an increase in parking demand associated with the expanded support facilities, the unused parking spaces on the site would be more than adequate to accommodate any increases. The study also indicated that there had been concern expressed that the provision of meeting rooms would increase parking demand associated with those meeting rooms, however, it was fairly obvious that during daylight and early evening hours that parking demands were such that there were significant amounts of unused parking at the hotel and there would be more than adequate parking to accommodate any increase associated with the meeting 0 9 Planning & Zoning Commission Minutes June 11, 1996 rooms. Mr. Walton stated that the traffic study referred to by Attorney Sapper was not the one sent to the City Engineer. Mr. Hearing commented that this was a late issue that had arisen, that the applicant had always intended this building to be ancillary to the hotel, that the present wording would not allow use under the Palm Beach Gardens code for meetings by community groups who were not hotel guests, and that the Petitioner was requesting flexibility. During ensuing discussion, Mr. Hearing explained that the condition could be made better, that the Petitioner believed it could be self - policing, and that there was the ability to have Code enforcement. Chairman Sabatello questioned whether the use and intent of this building had changed since the last meeting. Planning and Zoning Director Walton responded that the building was going to be four times the size of the original building with no increase in parking. Vice Chair Carlino declared the Public Hearing open. Patrick MacPolen, Twelve Oaks, stated that his home was behind the • proposed building and questioned the number of feet from the building to the Twelve Oaks wall. Mr. Hearing responded that the distance was approximately 92 feet and that additional Live Oak and Buttonwood trees had been provided in the landscape buffer, and explained that the rear architecture of the building would match that of the front of the building. Vice Chair Carlino commented that the Commission had received a letter from Larry Kelley which has been attached hereto and made a part of these minutes. Hearing no other comments from the public, Vice Chair Carlino declared the Public Hearing closed. Mr. Ornstein questioned the drainage concern raised in Mr. Kelley's letter, and commented that there could be no drainage onto the adjacent property. Mr. Ornstein expressed concern that the loading space would block traffic and questioned why it was needed. Mr. Hearing explained that Code required two loading zones for this type of facility. Discussion ensued regarding deliveries, and that it was the City Attorney's opinion that this provision could not be waived. Elliot Hofman, representative of the owner, explained that 95% of the deliveries would be to the rear. The Petitioner requested a waiver to allow exit and entry 0 10 n • Planning & Zoning Commission Minutes June 11, 1996 signage. Discussion ensued regarding the necessity for the requested signage and the appropriate size. Vice Chair Carlino summarized the issues as the 12' requirement on the loading zone which could not be waived and the bollard waiver request which could be waived. Mr. Ornstein made a motion to recommend approval of Petition PUD- 96-01 to the City Council with the conditions written by staff and with additional conditions requiring 12 -foot wide loading spaces and making the entry -exit bollards four feet high. Therefore, the conditions were as follows: 1. No retail or restaurant use shall be permitted on the site without review and approval by the City of Palm Beach Gardens. 2. The ancillary building's use shall be restricted to activities of guests of Comfort Suites Hotel. 3. The loading space located at the north entrance of the proposed ancillary building shall be dimensioned at 12'x 35'. Revise all plans to reflect this change. If the foot print of the proposed ancillary building is altered as a result of the enlarged loading space, every affected plan must be revised. 4. Revise the two entry -exit bollards so that each one is a total of 48" in height. One sign shall say "ENTRY"and one sign shall say "EXIT'. Revise elevation drawings and bollard details to reflect these changes. Mr. Jones seconded the motion. vote of 7 -0. The motion carried by unanimous There was no old business to come before the Commission. 11 Planning & Zoning Commission Minutes • June 11, 1996 HEFT BUSINESS Mr. Skokowski requested that the deadline for submittal for changes to SP -96 -05 be changed from 12 to 7 working days in order to meet the next scheduled meeting. Mr. Ellington requested that if this did not allow sufficient time to review the redesign of the turnaround that it not be scheduled. Chairman Sabatello stated that staff would do everything possible to get these changes reviewed by the City Engineer and by.staff to get it on the agenda for the next meeting, but explained that it might not get on the agenda because the staff was overburdened with work. Mr. Skokowski requested that this be considered a minimal change under Code, and also requested clarification, since under Code he should have submitted two days ago in order to be on the next meeting agenda, and questioned whether Mr. Ellington could be comfortable in accepting the submittal. After discussion, Chairman Sabatello stated that the change was to be submitted . within 24 hours to be entered into the process, but it was not guaranteed that it would be on the agenda or go through the process. Chairman Sabatello requested that Mr. Skokowski send a letter to City Council stating that Planning & Zoning needed more personnel. Mr. Skokowski commented that there might not be space for any more, so he would let Planning & Zoning deal with the matter. _0 12 • • )-Vt" - i2-.C"4,2,j w al -+ Ada- otll,� %-�. 7 &,,,%, ccv.CA-�� — R,r-" fa-CA� t�L o-� W �°'� -- �• 33 Yob Planning & Zoning Commission Minutes June 11, 1996 ADJOURN M There being no further business, upon motion by Mr. Jones, seconded by Mr. Ornstein, and unanimously carried, the meeting was adjourned at 10:30 P. The next meeting will be held June 25, 1996. APPROVED: Carl S�tello, Chairman i1 Diane carlino, vase unair Joh'n--'Glidden Wiliam Mignogna Thomas Pastore Tom Paganini Christopher Jones Jeff n i , Alternate 141;1r11 B reh Kesh varz, Secr ary 13