HomeMy WebLinkAboutMinutes P&Z 012495• CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
JANUARY 24, 1995
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 Chairman Sabatello: \
Present Absent
Carl Sabatello Daniel Honig
Diane Carlin William Mignogna
Phillip Lyddon
Thomas Pastore
John Glidden
Christopher Jones, Alternate
• Tom Paganini, Alternate
Also present at the meeting were Mayor David Clark, Assistant City Manager Greg Dunham, and
Assistant City Attorney Paul Golis.
ITEMS BY PLANNING AND ZONING DIRECTOR
Mr. Richard Walton, Planning and Zoning Director announced that the Planning and Zoning
Commission meeting scheduled for March 14, 1995 will begin at 8:00 p.m. because the City will
be conducting a General Election on that date.
ITEMS BY CITY COUNCIL LIAISON
Mayor David Clark announced that a public hearing regarding Petition PCD 94 -01, Gardens Country
Club, would be held at the February 2nd City Council meeting:
Chairman Sabatello requested that items such as signage and other requirements be re- presented to
the Commission for approval before going to City Council. Planning and Zoning Director Walton
explained that procedure would be changed since the City Council had recently requested only to see
applications with complete information.
SITE PLAN & APPEARANCE REVIEW COMMITTEE
40 Workshop: Petition SP -94 -20 {West Park Center at NorthCorp PCD }, by Daniel Catalfumo
Planning & Zoning Commission Minutes
January 24, 1995
and Jeffrey Lis, agent for CTB Ventures XVI Inc., is requesting site plan approval for the
construction of three buildings, located on Lot 1 of West Park Center Plat within the
Northcorp Center Planned Community District. (12- 42S -42E)
City Planner Bristol Ellington provided an overview of the PCD for the benefit of the new members
of the Committee and then reviewed the staff report dated January 19, 1995.
Mr. Ellington responded to Mr. Pastore that there were two stories in Building "B ", and that none
of the issues in the staff report had been resolved. In response to another Committee member, Mr.
Ellington explained this project would trigger dual left turn lanes at Alternate A I A and RCA
Boulevard. Planning and Zoning Director Walton explained that the proposed flyover at the
intersection of PGA Boulevard and Alternate AlA was subject to a 5 -year DOT program and that
the City Council would hold a workshop regarding the flyover in February and possible alternatives.
Mr. Ellington explained that additional traffic had been reviewed by the City Engineer. Mr.
Glidden inquired regarding the intersection of Riverside Drive and PGA Boulevard to which Mr.
Walton responded that intersection had been approved as a temporary measure and would be
addressed in connection with the flyover. Mr. Lyddon clarified that I -95 elevation was above this
project. Mr. Jones questioned whether allowance had been made for dead -end parking by Building
"C" to which Mr. Ellington responded that the . City Engineer would need to address that concern.
• Chairman Sabatello stated that existing demands of the PCD overlaying this petition would have to
be considered.
Jeff Lis, representing Catalfumo Companies and PGA Professional Center proposed to be located
on West Park Center Lot 1, provided an overview of the proposed project and expressed concern
that if the two existing buildings which are exempt from traffic requirements already have 10%
retail, then there would be no more retail available for new development. Chairman Sabatello
responded to Mr. Lis' comment regarding confusion over the 5% and 10% requirements that this
Committee would follow the interpretation provided by the City Attorney. Planning and Zoning
Director Walton explained that any uses other than industrial had to serve the industrial uses within
the PCD, and could not bring traffic from all over the City. Assistant City Attorney Golis reviewed
permitted uses and stated that in the entire development each pod would equal 10% retail, however
the total for the entire PCD would be 5%. Mr. Lis inquired whether the 5% would be 5% of
ultimate buildout or 5% of existing retail, and requested they be allowed to proceed with their
application concurrently as staff worked out gray areas with their attorney. Chairman Sabatello
explained that those types of issues were not within the province of this Committee and must be
resolved before this Committee could make decisions. Assistant City Attorney Golis explained the
ordinance that in the entire PCD the square footage for retail use at any time during the development
was 5 %, and that in each pod the square footage for retail use was 10 %. Mr. Lis requested a
written condition from staff, to which Mr. Walton responded staff could not write a condition
without the information. Mr. Glidden commented that the gray are_ a appeared to be fixing a point
in time to apply to the applicant since there could be a change if a major retail tenant moved out.
Mr. Ellington explained that enforcement of the development order as written would be an
administrative nightmare and it would be very helpful if the development order could be amended
• to be clear, concise and enforceable. After further discussion, Mr. Lis continued his presentation,
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January 24, 1995
and explained that the change to 10,650 square feet for "other permitted uses" from 10,730 square
feet had been the result of a traffic study which did not provide sufficient trips to support the higher
square footage, and stated that it was not possible to be building specific in regard to uses since he
did not yet have tenants. Chairman Sabatello responded that a good deal of consideration was given
to flexibility but uses have a direct impact on parking, circulation, traffic, etc., so that a balance
must be achieved. Mr. Lis commented that if there were perceived negatives to the project that the
petitioner could address them, however staff had not presented any conditions in that manner.
Director Walton explained that staff could not be placed in the position of designing a project for
an applicant or of troubleshooting possible problems, with which the Committee concurred.
Assistant City Attorney Golis then read from the Code under the section entitled Site Plan Review
for Parcels within PCDs: "Site plan applications for individual parcels within an approved PCD
Master Development Plan shall include the following: .... (c) the use and approximate dimensions and
locations of all proposed buildings and other structures." Discussion ensued regarding building
specific uses. Chairman Sabatello stated there were two questions for the Committee's consideration:
(1) Whether the applicant satisfied the requirements of the PCD; and (2) When the applicant
provided a number of retail that is permitted in total on Lot 1 where would that be properly
allocated. Mr. Lyddon agreed with staff but suggested some type of formula be used and stated he
believed that total flexibility could not be granted. After further discussion, Chairman Sabatello
stated that the flexibility concern of the applicant was understood and requested that the applicant
• try to understand the Committee's situation.
Mr. Lis discussed the issue of covered parking. Chairman Sabatello stated that if the applicant
desired more than 17 spaces that the Committee needed to see elevations, textures, landscaping, etc.
Mr. Glidden proposed that the covered parking be located away from view from I -95. Mr. Lis
commented on a similar project in another city, and was requested to demonstrate the view of the
proposed covered parking from I -95. Further discussion included covered parking versus a parking
garage structure, and the fact that that no lighting was planned for the covered parking. Mr. Lis
addressed City Forester Hendrickson's requirements and stated his requests would be met. Discussion
of the applicant's request for signage waiver ensued. Mr. Ellington explained that the applicant did
not have adequate footage on Riverside Drive for three signs under the Sign Code.
Chairman Sabatello commented that the applicant's project was in an excellent location within the
City, that the applicant was not giving the Committee a lot of support by not supplying colored
renderings and elevations, that he understood the City Engineer's conditions were acceptable, and
that the Committee needed an elevation to show the massing of landscaping against the buildings.
In discussing signage, Mr. Lis stated he could not determine locations for signage until tenants
moved in so had identified all possible sign locations. Chairman Sabatello responded that he was
taking flexibility to extreme, and that an acceptable signage plan must be presented. Mr. Jones
explained that all applicants came in with specifics so that the Committee could relate and make
decisions. Mr. Glidden commented that the applicant must calculate what the Code allows and
provide something more concrete. Applicant requested direction and was told that the Code provided
direction. Director Walton explained that the sign code was for identification, not for advertising.
I* Mr. Pastore stated that he felt too much time had been devoted to Code issues which were not under
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January 24, 1995
the jurisdiction of this Committee. Director Walton stated for the record that the petitioner had
demanded to be at this meeting.
Chairman Sabatello called for comments regarding the Site /Landscaping Plan in order to provide
direction to the applicant. The following responses were received:
1.
Address relative elevation of parking structures.
2.
Change language regarding dark spots in parking structures.
3.
Address location of parking structures and circulation problems, and if requested waivers
should be granted the project should give the City something in return.
4.
Address outstanding staff report issues.
5.
Increase setback from I -95.
6.
Show landscaping plans around dumpsters.
7.
Parking spaces need to be numbered and counted.
8.
Covered parking spaces should not be lined up.
9.
Furnish elevation with landscaping.
10.
Address sign location on 1 -95 and signage plan.
11.
Provide landscaping plan on pumping station.
12.
Provide landscaping plan for backflow preventor.
• 13.
Provide additional massing of landscaping adjacent to the 4 -story building.
The following comments were provided to the applicant as direction .regarding the building:
1. Show roof -top equipment on plan.
2. Provide building material samples.
3. If applicable, show plants in building elevations.
Director Walton explained the further process for this application.
In order for this petition to be scheduled for another workshop, the following concerns and requests
of the Site Plan and Appearance Review Committee need to be addressed:
1. A list of the existing retail and service- related uses, as outlined in Condition #21 of
Ordinance 1, 1990, must be provided.
2. Provide some criteria on the allocation of the retail and service - related uses throughout the
site.
3. The Committee questioned the location of the dumpster adjacent to Building "C" and
requested sign -off from Waste Management.
4. The covered parking structures should be revised to be architecturally compatible with the
architecture of the surrounding buildings on site. In addition, the landscape plan should be
revised to reflect an enhancement to the vegetation surrounding the structures.
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January 24, 1995
5. The text on the site plan which states that: "Consideration will be given to eliminate dark
spots for Police Department requirements where covered parking exists" should be reworded
to state that all dark spots will be eliminated where covered parking exists.
6. A Committee member stated that the parking structure to the south of Building "A" seemed
out of place in relation to the other parking structures.
7. Revise the site plan to reflect the correct number of covered parking structures.
8. Submit a realistic overall sign package which reflects the specific locations, colors, sizes and
materials. The Committee suggested identifying signage in compliance with the Sign Code
and then identify additional sign locations.
9. Provide a landscape plan for the screening of a typical dumpster enclosure, pumping station
and back flow preventor.
10. Revise the landscape plan to provide for more massing of landscaping adjacent to Building
"A"
• 11. The Committee advised the petitioner that all roof - mounted equipment must be screened line
of sight from view. In addition, any ground equipment must be screened and reflected on
the site plan and landscape plan.
•
12. Provide samples of building colors, materials and glass treatments at the next meeting this
petition is discussed.
PLANNING AND ZONING COMMISSION
Workshop: Petition PUD -94 -17 (The Bridge Center PUD), by Lawrence Smith, agent for
the American Financial -Downs Partnership, is requesting Planned Unit Development
approval for the construction of a restaurant building on a 2.947 acre site, located at the
northwest corner of PGA Boulevard and Ellison Road. (5- 42S -43E)
City Planner Ellington reviewed the staff report dated January 19, 1995.
In response to Mr. Pastore, Mr. Ellington stated that one public hearing would be required by the
Planning and Zoning Commission and another would be required before the City Council; an
additional 7 -foot right of way would be required by Palm Beach County on the east side; and that
the petitioner would need to design pedestrian access to the restaurant site from the east side of
Ellison Wilson Road.
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January 24, 1995
Larry Smith, agent for the petitioner, stated for the record that he did not agree with staff's
interpretation regarding the requested time extension for the prior application on this same property
and had met with the City Attorney, and that the petitioner reserved all rights under the prior
application. Mr. Smith explained that two major Seacoast Utility easements had restricted design
of the site plan. Mr. Smith also explained that negotiations were currently being conducted with The
Ale House who planned to use this facility for their corporate headquarters. Mr. Smith reviewed
the building colors and material; then Mr. Smith discussed turn lanes, sidewalks, and the crosswalk.
Mr. Pastore suggested that for safety, the crosswalk be moved to the intersection of Ellison Wilson
Road and PGA Boulevard so that existing pedestrian signals could be utilized. Mr. Smith explained
that building equipment would be housed within the hip -style roof. Mr. Smith stated that with
respect to the site plan, code requirements had been met for everything except for parking and a
requested waiver to reduce the width of a landscape strip. Mr. Smith suggested that it would be
unfair to impose the cost of paving Smith Drive from Ellison Wilson Road to U.S. One upon the
applicant, and that he understood paving was already being contemplated for that road. Director
Walton explained that the County departments were unorganized and not working together on the
paving for this road. Mr. Smith addressed the noise factor and discussed measures that would be
taken to minimize the noise impact on the neighbors.
Questions and requests by the Planning & Zoning Commission included whether a bar would be
located in the outdoor dining section, which Mr. Smith stated had been discussed and that he would
• notify the Commission if that were the case; that the Commission would like to see a floor plan of
the kitchen facility, loading, exterior services, and noise reduction features; that more information
on the proposed MSTU for Smith Drive be provided; and how high the building was above the 10-
ft. wall, to which Mr. Smith responded that the highest point was 14 inches. Parking requirements
and valet parking concerns were discussed. Other concerns which Mr. Smith stated would be
addressed were the Fire Department comments, the dumpster location, possible reconfiguration of
the roof to accommodate the equipment being housed within the roof.
The shared parking concept was explained that the corporate office would basically operate during
the daytime while peak restaurant hours would be in the evening and weekend. The applicant was
requested to provide a study of parking ratios at the neighboring restaurants. The shared parking
issue was discussed by Planning and Zoning Director Walton, who explained that under the revised
code no shared parking approvals had been granted, and that shared parking was not applicable when
uses occurred at the same time - -in this case lunch would be a peak period. Discussion ensued
concerning parking spaces with the conclusion that either more cars or less building was needed.
Chairman Sabatello urged the applicant to make every attempt to provide a sidewalk on the east side
of Ellison Wilson Road as well as on the west side. Chairman Sabatello stated the Planning and
Zoning Commission would need documentation on whether the plan reflected the ultimate right of
way on PGA Boulevard.
Chairman Sabatello stated he would like to hear comments from neighbors that were present at the
meeting. Richard Arnold stated his property was adjacent to the project site on the north and
expressed concern about how the restaurant would affect property values, what agency he should turn
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January 24, 1995
to if he experienced problems, how his quality of life would be affected, erosion of the beach,
traffic, and stated he had spoken with the applicant regarding his concerns, but also wanted the
Planning and Zoning Commission to be aware of residents' concerns. He also commented that the
property owner had stated if problems arose something could be worked out - -that he might purchase
Mr. Arnold's house. Chairman Sabatello stated that any concerns that could be alleviated would be
addressed, and invited the residents to return to future meetings. Gerald Evans also expressed
concern and asked whether restrictions on delivery times and closing times could be enacted by
ordinances. Mr. Ellington suggested that a neighborhood representative contact him so that he could
provide them with applicable sections of the Code referring to hours of operation, etc.
In order for this petition to be forwarded to a second workshop or public hearing before the Planning
and Zoning Commission, the following concerns and requests must be addressed.
1. The petitioner is to provide a floor plan showing locations of kitchen, loading, and exterior
service facilities.
2. The petitioner is to provide documentation that the R. 0. W. for PGA Boulevard as shown on
the plan is the ultimate future R.O.W. location.
• 3. The petitioner is to provide a topography map of the site.
4. The Committee requested a comparison of the parking ratio of the adjacent restaurants to
determine if the shared parking analysis for the subject property is appropriate.
5. Provide a perspective plan of the building as it relates to the site to give some understanding
of the massing of the building. In addition, provide a height of the building elevation
relative to the height of the overpass.
6. Revise the site plan to reflect the additional 7 feet of right -of -way needed along Ellison
Wilson Road as referenced in Palm Beach County Senior Registered Civil Engineer Dan
Weisberg's January 17, 1995 memorandum.
7. The site plan should reflect a sidewalk along the east side of Ellison Wilson Road.
8. A determination of any current or future plans to pave Smith Road by Palm Beach County
must be resolved.
9. Look further at proposing the roof - mounted equipment underneath the roof with an opening
on the north side of the building adjacent to the residents to the north.
10. Clarify how the proposed sea wall will tie into the rear property lines of the residential lots
to the north.
11. The petitioner must obtain written approval of the site plan from Seacoast Utility Authority.
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January 24, 1995
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•
12. Address the turning radius concerns raised by the Fire Department. In addition, increase the
building setback from 5 feet to 1.0 feet to the sea wall.
OLD BUSINESS
Mr. Paul Golis, City Attorney, distributed copies of a Newspaper Rack Ordinance that was drafted
in 1990, but never passed, and asked that the Commission members review the material before the
next meeting.
NEW BUSINESS
None
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January 24, 1995
ADJOURNMENT
There being no further business, the meeting was adjourned at 11:05 p.m. The next meeting will
be held February 14, 1994.
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Carl Sabatello, hairman
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Phillip ddo
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Thomas Pasto e
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Jonathan Orben, Secretary
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Diane Carlino, Vice Chair
Daniel Honig
(Absent)
William Mignogna
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Christopher tones, Xlternate