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