HomeMy WebLinkAboutMinutes P&Z 032895• CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
MARCH 28, 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
Carl Sabatello, Chairman
Diane Carlino, Vice Chair
John Glidden
Daniel Honig
Phillip Lyddon
William Mignogna
Thomas Pastore
Christopher Jones, Alternate
• Tom Paganini, Alternate
Absent
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
There were no items from the Planning and Zoning Director.
ITEMS BY CITY COUNCIL LIAISON
There were no items from the City Council Liaison.
APPROVAL OF MINUTES:
Minutes of March 14, 1995 - Ms. Diane Carlino made a motion to approve the minutes as
submitted. The motion was seconded by Mr. Phillip Lyddon. The motion was approved by
a 7 -0 vote.
PLANNING AND ZONING COMMISSION
• Public Hearing: Petition CU- 95 -01, by Gregory A. Sempsrott, Pastor and agent for Church in
the Gardens, for a Conditional Use for a church within the RL -3 Residential Low Density
• Planning & Zoning Commission Minutes
March 28, 1995
District. Located north of Holly Drive between Interstate 95 and Dasheen Avenue. (7- 42S -43E)
City Planner Bristol Ellington reviewed the staff report dated March 23, 1995, and
recommended approval of this petition with the condition that this site be developed in
accordance with the undated conceptual Master Plan prepared by John S. Kane for the First
Church of God, which Master Plan did not reserve any Concurrency Management System
certification nor in any way implied automatic approval of any future expansion. The Master
Plan was to be used as a guide for possible future expansion, and all future proposals to the
approved site plan were to adhere to the codes existing at that time.
In response to Chairman Sabatello's request for any additional comments, petitioner stated they
had none and had no problems with staffs recommendation.
Chairman Sabatello opened the public hearing and asked for comments from the public. As
none were offered, the Chairman then closed the public hearing and requested a motion to
approve.
Ms. Diane Carlino made a motion to approve Petition CU- 95 -01. Mr. William Mignogna
seconded the motion. Petition CU -95 -01 was approved by a 7 -0 vote.
• SITE PLAN & APPEARANCE REVIEW
•
RECOMMENDATION TO CITY COUNCIL: PETITION SP- 94 -22, CHURCH IN THE
GARDENS SITE PLAN AMENDMENT, BY GREGORY A. SEMPSROTT, PASTOR AND
AGENT FOR CHURCH IN THE GARDENS, FOR THE CONSTRUCTION OF A 1512
SQUARE FOOT ADDITION TO THE SANCTUARY, AND REMOVAL OF 24 PINE TREES
TO ALLOW CONSTRUCTION OF A GRASS PARKING AREA, AND THE RELOCATION OF
A PAVED DRIVE AISLE. LOCATED NORTH OF HOLLY DRIVE BETWEEN INTERSTATE
95 AND DASHEEN AVENUE. (7- 42S -43E)
City Planner Bristol Ellington reviewed the staff report dated March 23, 1995.
Pastor Sempsrott provided color samples for walls and trim, and explained that a sign plan had
been submitted to staff, and discussed the sign location. Mr. Glidden expressed concern that
the sign would be pushed into the palm trees. Petitioner explained that the sign would be
centered between the parking areas on the west and east side of the sanctuary.
Chairman Sabatello called for comments from the public. Tony Anthony, who stated that he
lived on Holly Drive across the street from the church, asked which building was going to be
added onto, to which petitioner responded that the addition would be at the rear of the main
sanctuary. There were no other questions.
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March 28, 1995
Motion:
Ms. Diane Carlino made a motion to recommend to City Council Petition SP -94 -22 with
recommendations 1 -7, as follows:
1. If the City finds that maintenance of the grass parking area is in disrepair or poor
appearance, the City shall notify the property owner in writing that within thirty (30)
days of said notice the deficiencies shall be rectified. Should the deficiencies not be
corrected within thirty days, the City may require the parking area to be totally paved
to City standards within one hundred fifty (150) days upon written notification.
2. The ground sign along Holly Drive shall be relocated per the site plan prior to the C.O.
of the new addition to the Sanctuary.
3. Prior to clearing or construction, trees designated to remain on site shall be tagged or
roped -off. Prior to land clearing, the developer shall erect and maintain protective
barriers around the drip line of the trees to be protected. All work shall be inspected
and approved by the Landscape Architect of Record and the City Forester prior to the
issuance of any Building Department permit requiring land clearing. Section 153.20 shall
is also be enforced during construction.
4. All tree protection and landscape work shall be performed using current professional
landscaping standards. The Landscape Architect of Record shall monitor all tree
protection efforts, all landscaping work, and any work that affects the outcome of the
approved landscape plans. The Landscape Architect of Record shall notify the City
prior to any modifications to the approved landscape plan.
5. All trees designed for protection that die during construction or because of construction
practices shall be replaced using the following schedule: For every inch of tree caliper
lost, three inches of new tree caliper shall be replaced with like specie. The minimum
replacement tree shall be three inches in diameter. Palms shall be replaced with like
specie on for one with a minimum 10' height. If the site can not support the total
number of replacement trees as required above, City Council may permit the developer
to donate excess trees to the City for planting on public lands.
6. Prior to the issuance of the Certificate of Occupancy (or Final Building Inspection) the
Landscape Architect of record shall certify in writing to the City that the landscaping has
been completed per the approved landscape plans. Any major changes to the approved
landscape plans shall be approved by the City Council. Once the City has the certified
letter from the Landscape Architect, the City Forester shall inspect the site for
compliance. Once compliance has been confirmed by the City Forester, the City
Building Department shall be notified.
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March 28, 1995
7. The petitioner shall post a bond for.the installation of the infrastructure including the
common and project /buffer and entry feature.
Mr. William Mignogna seconded the motion. Discussion followed in which Mr. Glidden asked
whether a unity of title provision was included to which Mr. Ellington responded that the
conditional use which was granted would reference the legal description of the property,
including the original parsonage which had been redesignated as an office building. There
being no further discussion, the motion was approved by a 7 -0 vote.
PLANNING AND ZONING COMMISSION
WORKSHOP: PETITION CU- 95 -02, by Richard Bekesh, of Spring Engineering, Inc., agent
for W.G. Lassiter, representing Don Olson Tire & Auto Center, Jr., for a Conditional Use for
an 8 -bay, 5,677.5 square -foot tire and auto service center on a vacant .786 -acre parcel in the
Gardens Park Plaza Shopping Center. Located at the southeast corner of Northlake Blvd. and
N. Military Trail (24- 42S -42E)
City Planner Bristol Ellington reviewed the staff report dated March 23, 1995.
• Chairman Sabatello announced that this petition and Petition SP -95 -02 designated as a
workshop under Site Plan and Appearance Review, agenda item XI, as follows, would be joined
and discussed at the same time.
•
SITE PLAN & APPEARANCE REVIEW
WORKSHOP: PETITION SP- 95 -02, By Richard Bekesh, of Spring Engineering, Inc., agent
for W.G. Lassiter, representing Don Olson Tire & Auto Center for an 8 -bay, 5,677.5 square -foot
tire and auto service center on a vacant .786 -acre parcel in the Gardens Park Plaza Shopping
Center. Located at the southeast corner of Northlake Blvd. and N. Military Trail (24- 42S -42E).
Richard Bekesh stated that he was a principal of Spring Engineering and agent for the
petitioner. Mr. Bekesh commented that the conditions granted in the previous approval of this
site for Firestone were acceptable to petitioner except for a few minor problems, one of which
was that hours of operation on Sunday be changed to 9 A.M. to 4 P.M. In discussing the site
plan, Mr. Ellington commented that petitioner was required to provide a total of 23 parking
spaces, and on site would provide 17 spaces with 16 spaces being applied for within the
shopping center. Mr. Ellington
explained that service areas located along Military Trail were required by code to be screened
from view; City Forester Hendrickson had therefore suggested either a 6 -foot landscaped berm
or repositioning the building so that the service areas would not be oriented along Military
Trail. Staff
recommended repositioning the building, which had been the direction to Firestone, the former
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March 28, 1995
petitioner, however, if the Committee did not concur, staff requested that the rear wall be
architecturally enhanced so that a blank wall would not face the shopping center. Staff
requested clarification from the petitioner for colors proposed for downspouts and non -glass
doors.
Mr. Ellington responded to Mr. Honig that there was no code which required closing of bay
doors or shielding of bay windows while cars were being serviced. Mr. Ellington recommended
that the Committee members view the Don Olson Tire & Auto Center located in Juno Beach
since that facility was oriented away from the roadway and had a pitched barrel tile roof. Vice
Chair Carlino requested that the Police Department and the City Engineer review safety factors
since many schoolchildren walked along the sidewalk going to and from Grove Park Elementary
School. Mr. Ellington responded to Mr. Honig that the use requested was allowed as a
conditional use, which might require special conditions to make it more compatible. Mr.
Honig inquired whether the Committee had the right to say this was not a compatible use for
the shopping center to which Assistant City Attorney Golis responded affirmatively. In response
to Mr. Glidden's concern that if the building plan were flipped there would not be sufficient
space for parking , Mr. Ellington explained that City Forester Hendrickson had not suggested
completely flipping the building but only to shift it.
Petitioner clarified that the building color would be beige, that the sign size would be reduced,
• that the facility would be clean and neat, and that turning the building away from Military Trail
would diminish Don Olson's competitive edge. Petitioner stated they had been unable to locate
in the City's landscape code any section defining overhead doors as service areas; however, City
Forester Hendrickson's letter stated that `auto service bays fit into the service area category
similar to an area used for truck deliveries. Both truck deliveries and auto service centers have
large overhead doors that expose the interior of the building and are used for accepting
merchandise or dropped off items.' Petitioner's response was they had a special area where
parts and tires were received, which was screened, and therefore did not agree that the
overhead doors defined auto service bays. Mr. Bekesh explained petitioner had increased their
front setback from 50 to 80 feet to soften the overhead doors, that the existing front hedge was
39" tall with six oak trees, and the north hedge was 50" tall, however where the two hedges met
the height had been reduced by First Union Bank to alleviate a traffic hazard, since drivers
could not view traffic on Military Trail, and asked that safety be considered when considering
a berm along Military Trail. Dan Hemly, Regional Manager, invited the Commission to view
the Don Olson store on Military Trail one block south of Okeechobee, and explained that the
location described earlier as being in Juno was actually in Jupiter at the corner of Indiantown
Road and North A1A on the northeast corner in the Concourse Plaza. Mr. Hemly explained
that the corporate headquarters were located in Orlando with 86 stores located throughout the
state, that this location was the same as prototype stores except for the roof, and that
photographs of prototype stores would be provided at the next meeting. Mr. Hemly commented
that their stores stressed customer service and were above industry standards, that the bay areas
were not air conditioned and the doors were open during operation, and that the receiving bay
was screened. Mr. Hemly explained that with the doors open customers could see that they
would be welcomed into their facility, and they could see the type of service offered, which was
•
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March 28, 1995
tire changing and small automotive repairs. In response to Mr. Honig, Mr. Hemly responded
that each bay contained a lift, and commented that their EPA practices were monitored so that
they would continue to stay above industry standards. Mr. Honig asked the shopping center
owner to describe the nature of tenancy existing in the shopping center, and whether any other
service- oriented businesses existed. The owner responded that there were a bicycle repair shop
and an automobile stereo store which had an overhead door in the rear; and that most existing
tenants knew of the application and welcomed the increased business that would be brought to
the center. Chairman Sabatello asked whether the shopping center was in full compliance and
was told there were no problems.
Mr. Bekesh commented that after looking through the City's code he believed their building was
more closely related to a vehicular use area than to a service area, and that a six -foot high
hedge would be inconsistent with existing surroundings. Mr. Bekesh explained that the
overhead doors were glass and were expensive and that the company went to the extra expense
in order to enhance the aesthetics of their buildings. In response to Chairman Sabatello's
question as to why exposure on Military Trail was needed, Mr. Bekesh stated that the use was
not incompatible with the shopping center, signage was limited, that there were hundreds of feet
between their building and the next which provided visual buffering. In response to possibly
turning the bays to face inward toward the shopping center, Mr. Bekesh explained that they
• would then have no exposure to a main roadway, while every other tenant in the shopping
center faced either Military Trail or Northlake Boulevard. Mr. Glidden requested a stucco or
EIFS system returning around the back of the building, down -spout scuffers, reinforced curbing,
a roof plan, and photographs of similarly constructed facilities.
Chairman Sabatello defined the three major problem areas as direction of overhead doors, roof
type, and landscaping. Mr. William Mignogna commented that he did not believe that the
proposed site was compatible with the shopping center and indicated he would like the site to
face east, he would like additional landscaping and /or he would prefer a berm, if it did not
compromise safety. Mr. Phillip Lyddon indicated that he would like to see a better orientation
of the building, perhaps an easterly direction and landscaping to make the site more compatible
with the shopping center. Mr. John Glidden stated that he did not feel the proposed site was
incompatible with the shopping center. Mr. Glidden suggested that if the building were to face
east that it should utilize parapet walls, and further noted that a berm might be helpful in
screening from line of sight. Mr. Thomas Pastore questioned the compatibility of the proposed
site with the shopping center. Mr. Pastore agreed with the City Forester's comments and
preferred additional landscaping. Mr. Daniel Honig believed the proposed site was
incompatible with the shopping center. Vice Chair Diane Carlino questioned the compatibility
of the proposed site with the shopping center, expressed concern that open bays would be
unsightly and detract from a major intersection, and was concerned that utilizing berms would
pose a safety hazard. Chairman Sabatello stated his agreement with Mr. Honig and Vice Chair
Carlino, and summarized the results of the Committee's comments. A poll of the Committee
regarding the roof and colors was taken, with the majority of the Committee stating preference
for colors compatible with the outparcel sites, and a change in the roof to either mansard or
sloping. Mr. Lyddon expressed his opinion that this was a semi - industrial use and in order for
him to accept this building it would need to follow the example of Toys 'R Us which was
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March 28, 1995
converted to a special appearance that was now used as an example for other stores. Other
comments included Mr. Pastore's remark that he had been happy to see that landscaping was
not to be installed that would grow to interfere with power lines. In response to Mr.
Ellington's concern as to where the newsracks would be relocated, petitioner stated those would
be removed. Mr. Bekesh questioned how landscaping could be weak when it met code to which
Chairman Sabatello responded that it was due to the conditional use requirement, given this
shopping center and the use; Mr. Bekesh responded that for the record this was not an
industrial building, that it was retail and was compatible with code. Mr. Bekesh stated he did
not understand how the building could be incompatible architecturally since the elevations were
similar to those of First Union, and that he believed enforcement of a berm would create a
safety hazard. Mr. Honig explained that the building would be closer to being architecturally
compatible if it were air conditioned, the doors were kept closed, and landscaping were added.
In summary, the following items were requested:
1. Review by the City Engineer and the City Police Department to determine if a safety
hazard to pedestrians would be created by the use of a berm to run along Military Trail.
• 2. Provide a stucco or EIFS System returning around the back of the building and
provide down -spout scuffers.
3. Provide reinforced curbing.
4. Provide a roof plan.
5. Provide photographs of similarly constructed facilities.
6. That the following issues be addressed and illustrated on a site plan:
a. The service bays should orient to the east and not to the west.
b. Improving the roof lines with a mansard roof or a sloped roof
c Provide colors compatible with the outparcel sites
d. Provide softer elevations
e. Provide additional landscaping
PLANNING AND ZONING COMMISSION
WORKSHOP: PETITION PUD- 94 -17, 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 generally at the northwest corner of PGA
Boulevard and Ellison Wilson Road. (5- 42S -43E)
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March 28, 1995
City Planner Bristol Ellington reviewed the staff report dated March 23, 1995.
Mr. Ellington explained that the parking met code based on 23 employees per shift, and that
documentation had been requested for the number of employees. Mr. Ellington also
commented that the bars might bring people who do not eat and that needed to be accounted
for. Chairman Sabatello stated there was a perception that other eating establishments nearby
had parking problems, and facts were needed.
Lawrence Smith, agent for the petitioner, described the location of the loading area and service
areas as immediately to the east and stated that these areas were enclosed and air conditioned.
Mr. Smith clarified that seating at the bar would be minimal, that those seats would be included
in the total restaurant seating, and that there would be no seating on the patios. Mr. Smith
stated that the correct number of employees was 23, which was the total for all shifts for 7 days
per week. Mr. Smith explained that confirmation had been obtained that PGA Boulevard right -
of -way was at the ultimate width and that the City would be receiving a letter to that effect.
In discussing drainage, Mr. Smith stated that a topography map would be provided to the City's
engineer and that a site engineer would provide a preliminary drainage plan which would meet
all requirements and would be rendered in much more detail than normally required because
of the high elevation. Mr. Smith explained that this restaurant would have more parking per
seat than surrounding restaurants, and would provide actual figures to staff. Mr. Smith stated
• for the record he did not believe it was fair to force this petitioner to pay for the paving of the
entirety of Smith Drive; however, he hoped that would not be an issue since the County was
expected to do the paving, with the county paying 15% and the rest assessed to the various
property owners, and the road to become a dead end so that there would be no through traffic
from U.S. One. Planning and Zoning Director Walton explained that he believed that the
reason for the paving of Smith Drive was the lack of a stacking lane into the property, and that
more information would be requested from Mr. Webb of Palm Beach County to clarify the
intent. Mr. Smith stated petitioner had addressed noise by (1) locating a 10 -foot high masonry
wall between the restaurant and the neighbor to the north, which reduced to eight feet and then
six feet, (2) oriented the restaurant to the south to project the noise toward the bridge, and felt
that additional staff restrictions would not allow efficient restaurant operation. Mr. Smith
clarified for Mr. Pastore that staff had advised valet parking was not permissible, and that right
of way was not available at the intersection to provide a sidewalk; therefore a crosswalk had
been placed approximately in the center of the property. Mr. Pastore objected to the crosswalk
because of safety concerns. Mr. Pastore questioned the sign on the roof to which Mr. Smith
responded the River House had a sign on the roof. After discussion of the parking based on
seating, Petitioner was directed to recalculate the bar seating using the calculation requested
by the City.
•
Mark Whitman, architect for the project, explained the open balcony on the second floor was
only for architectural enhancement and fire egress, and stated that petitioner was agreeable to
a condition limiting use only to emergency exit. Cooking exhaust was shown to vent vertically
with the exhaust equipment welled into roof trusses in the same manner used in Disney World
to keep cooking smells away from ground level. An art piece shown on the plan in the form
• Planning & Zoning Commission Minutes
March 28, 1995
of a grouper was discussed, with Mr. Whitman indicating that was the art form desired by the
petitioner. Mr. Glidden requested a more detailed floor plan and roof plan. Mr. Mignogna
commented that the pavilion roof was too large and needed to be changed, possibly with a
second small roof; and clarified that the bars were predominately a waiting area for restaurant
patrons, and that the outside bar had no access to food service. Chairman Sabatello discussed
the location of the kitchen, expressed concern that odors from garbage would be exhausted
properly, and requested that details of the exhaust system be presented at the next meeting.
The view of the building by a person on the bridge was discussed, with Mr. Whitman stating
that no equipment would be visible. After discussion of the proposed sign, Chairman Sabatello
suggested that a more detailed plan be submitted. Mr. Whitman explained that the amount of
office space was required since this building would contain the corporate offices. After
discussion of the accuracy of the rendering, Mr. Whitman was requested to provide elevations
and site plans that were as accurate as possible. The Committee had no problems with the
landscaping. Vice Chair Carlino questioned whether the parking calculation had included
corporate office employees and was told that they had been included; Mr. Honig questioned
whether 23 employees was accurate, and was told that a waitress usually would serve 5 -6 tables,
or 36 people. Chairman Sabatello requested that an accurate formula be determined for
servers and staff for a restaurant.
Mr. Smith requested a Public Hearing in 30 days with a workshop in the meantime, which
• Chairman Sabatello explained would depend upon whether all information was received in time
for proper notice to be given. Mr. Smith responded to Mr. Honig that Florida law required a
no smoking section.
•
Mr. Darrell Evans stated he was the neighbor on the north and stated he did not want windows
looking out over residents' homes. Discussion ensued regarding how the windows could be
changed. Mr. Evans asked how overflow parking onto his street could be prevented and was
instructed to contact the County. Richard Arnold expressed privacy concerns. Mr. Honig
requested that the color of the wall be coordinated with the residents. Mr. Smith was directed
to work with Mr. Arnold to resolve the seawall problems and to work with the other neighbors
to resolve concerns before the public hearing.
Comments and recommendations:
Determine a formula with staff for providing an accurate count of employees of the
greatest shift.
2. Provide a detailed floor plan.
3. Use of the second floor balcony should be restricted to emergency use only.
4. Provide a detailed roof plan.
5. Modify roof plan for pavilion to be less massive.
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March 28, 1995
6. Provide details for handling of garbage exhaust.
7. Provide detailed sign elevations.
8. Provide a cross - section of the restaurant to the residents to the north to determine
whether the windows will overlook the backyards of the residents.
9. Resolve the issue regarding the manner in which petitioner's seawall will connect with
neighboring resident's seawall.
10. Obtain parking calculations for surrounding restaurants.
11. A board member stressed that the elevation and site plans should be as accurate as
possible. As well, the emergency door should be reflected on the elevation plan.
OLD BUSINESS
Newsrack Ordinance - Assistant City Attorney Paul Golis distributed a copy of the most
recently drafted newsrack ordinance and Chairman Sabatello requested comments from the
• Board members. Mr. Honig verified that staff and legal counsel were comfortable with draft
ordinance. Possible issues that might be raised at the public hearing were discussed. Mr.
Phillip Lyddon questioned whether language on page nine of the draft ordinance was needed
or whether that was already addressed; it was suggested that a severability clause should be
included within the ordinance. Chairman Sabatello announced that the ordinance was
scheduled for an April 11, 1995 public hearing.
•
NEW BUSINESS
Mr. John Glidden suggested a review of the code regarding parking requirements for offices and
restaurants. Chairman Sabatello recommended a survey of like area restaurants for their
definition and determination of number of employees of the greatest shift. Discussion of the
difficulty of determining the number was discussed. Planning Director Rich Walton indicated
that research of area restaurants had been undertaken for the August 1994 revision of the City's
codes and was not helpful.
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Planning & Zoning Commission Minutes
March 28, 1995
ADJOURNMENT
There being no further business, the meeting was ad
journed at 10:35 p.m. The next meeting will
be held ApAkj 1, 1995. l�
Carl Sabatelfo, Chairman
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• Phillip Lyddo
`� j AO�-
Thomas Pastore
m Paganini, A emate
Alice Ever d, Secretary
•
Diane Carlino, Vice, Chair
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William Mignogna
Christopher Jones, Alternate