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HomeMy WebLinkAboutMinutes P&Z 072694• CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION JULY 26, 1994 MINUTES • The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chairman Jeffrey Ornstein 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 the Secretary: Pre sen t Jeffrey Ornstein, Chairman Carl Sabatello, Chairman-Elect Diane Carlino Phillip Lyddon Thomas Pastore, Alternate A en Daniel Honig Michael Posner, Alternate William Mignogna Also present were City Attorney Thomas Baird and Assistant City Manager Greg Dunham. ITEMS BY PLANNING & ZONING DIRECTOR: Richard Walton, Director, Planning and Zoning Department, reported the Land Development Regulations (LDR's) are expected to receive final approval at the August 4, 1994, City Council meeting. ITEMS BY CITY COUNCIL LIAISON: In Mayor David Clark's absence, Chairman Ornstein reported cost estimates for the expansion of the City Hall complex were discussed at the July 21, 1994, City Council meeting. He indicated progress was being made toward the funding of the expansion. APPROVAL OF MINUTES: Minutes of June 28, 1994 - Mr. Carl Sabatello made a motion to approve the minutes. The motion was seconded by Ms. Diane Carlino. The motion was approved by a 5 -0 vote. Minutes of July 12, 1994 - Chairman Ornstein stated the minutes did not reflect the outcome of the Mediplex Medical Mall discussion and should be corrected. Ms. Diane Carlino made a motion to approve the corrected minutes. Mr. Thomas Pastore seconded the motion. The . motion was approved with a 5 -0 vote. Planning & Zoning Commission Minutes July 26, 1994 SITE PLAN & APPEARANCE REVIEW Final Site Plan Approval: Petition SP-94-06, by Jeff Krautler, agent for T.P.I. Restaurants, Inc., for the renovation of the exterior of the existing Shoney's restaurant and the installation of additional landscaping along Northlake Boulevard. Located at 4280 Northlake Boulevard. (24- 42S -42E) Bristol Ellington reviewed the staff report dated July 21, 1994. Chairman Ornstein initiated discussion regarding the possibility that some parking would be eliminated by the installation of a turn lane. Mr. Jeff Kraulter explained the reason for the petition was to upgrade the appearance of the building and landscaping so that it was more in keeping with other Shoney's restaurants. Chairman Ornstein reacted unfavorably to the green file roof sample presented. He believed the color of the roof should be more compatible with that of the surrounding shopping center. In response to a question from Mr. Carl Sabatello as to whether the tower would be constructed should the sign not be approved, Mr. Kraulter stated the sign and the tower were an integral part • of each other. He further stated it was important to relocate the ground sign in order to improve its visibility which was presently being blocked by parked cars. Referring to the landscape plan, Mr. Carl Sabatello stated this should be clarified with a total overall plan which included landscaping for the blank walls. He further stated he believed the renovation plans were very nice. Regarding the shutters, Mr. Kraulter explained the shutters, although operational, would be mainly for appearance. In discussion of the proposed signage, Mr. Ellington pointed out that the plans need to reflect compliance with the Code, and this was reiterated by Chairman Ornstein. Chairman Ornstein closed the discussion of the item by stating the petition could not be approved as presented at that time. Recommendation to City Council: Petition SP-94-04, by Dan Gerth, with Fanning /Howey Associates, Inc., agent for St. Mark's Episcopal Church, for site plan approval for the construction of a 13,775 square -foot classroom/media center building for St. Mark's Episcopal Church. Located at the northeast corner of Burns Road and Gardens • 2 Planning & Zoning Commission Minutes • July 26, 1994 East Drive. (7- 42S -43E) Mr. Bristol Ellington reviewed the staff report dated July 21, 1994. Mr. Mark Hendrickson, City Forester, reviewed the six variances approved by the City Council at its meeting of July 21, 1994: Variance 1 reversed the code requirement that, the entire property have only 40% planted in grass, so that the variance increased the grass - covered area to approximately 66 %. City Forester Hendrickson explained because the school utilized the 66% grassy areas for play areas, Variance 2 allowed playgrounds and tot lots to be exempted from the points requirement, which reduced their present deficiency to 780+ points and that petitioner would meet the point requirements with the requested site plan. Variance 3 was granted by the City Council because the existing parking configuration would not allow every parking space to be 40 feet from a tree without eliminating required parking spaces. Variance 4 allowed petitioner to keep existing carrotwood trees until they die and then to replace them with preferred species. Variance 5 reduced the landscape buffer from 15 feet to the existing 5 feet which was caused by the installation of Gardens East Drive along the edge of the property. Variance 6 concerned the code section which required 75 % of the total property to be landscaped with plants from the City's Preferred Plant List. Existing plantings on the site did not meet this requirement, which the variance • allowed, but required that all new plants be on the Preferred Plant List. Response to Mr. Lyddon's question regarding the open space to the north of the property was that property is a City Park. City Forester Hendrickson explained that as a compromise, the City Council had required that vines be planted along the chain link fence to create a buffer screen and to create the appearance of more landscaping while not utilizing a lot of space. Mr. Sabatello questioned whether existing parking spaces had been reduced in size to meet the number of required spaces, and whether the required 82 spaces would be met if an overlay were done with all spaces sized per code. Mr. Ellington responded some existing spaces were compact, however some diagonal spaces exceeded code size requirements, and could not answer the overlay question at this time. Mr. Walton stated that no reduced spaces had been created recently. Dan Gerth, Agent for the petitioner, stated parking spaces were required to be l Ox 18, and several 10x20 spaces and approximately ten spaces that were reduced in size now existed. Mr. Gerth explained 82 spaces were required for the church and 82 spaces were required for the school, or a total of 164. Mr. Sabatello pointed out there were only 92 spaces, to which Mr. Gerth responded the joint use of the site would be for either a church function or a school function, not both at the same time. Mr. Sabatello pointed out that the plans showed more than twenty parking spaces smaller than code requirements and stated a model would have to be done 0 3 Planning & Zoning Commission Minutes • July 26, 1994 with all spaces 10x20 to meet code to see if the 82 spaces could be met, and after that question was answered then the Commission would be able to address how many reduced -size spaces could be allowed to create more green space and landscaping. Mr. Gerth stated HRS guidelines and Florida Independent Council of Schools criteria had been met in designing the school, and local building codes had been exceeded in the amount of space per student. In response to Mr. Sabatello, Mr. Gerth stated that the amount of play area per student criteria required by the Florida Independent Council of Schools had been satisfied with this plan. Mr. Ornstein suggested if the parking space model resulted in 82 spaces at 10x20, making all spaces 9x18 to allow more landscaping area. Mr. Gerth stated current striping of reduced spaces could be extended to avoid the cost of restriping the entire lot, and also explained that teacher parking was located on the east side and that traffic followed a circular pattern with dropoff points. In response to Mr. Ornstein's question as to why there were no conditions, Mr. Ellington replied the staff report had been prepared prior to the City Council meeting on July 21 in which the Council had approved the variances; and the policy of the Commission was not to move forward on petitions until variances were approved by either the Zoning Board of Appeals or the City • Council because revisions to plans might be required. Mr. Walton explained the Resolution had only been finalized that day. Mr. Ellington distributed to the Commission conditions 1 through 6 and reviewed them. Discussion ensued regarding colors, exterior lighting, and portable classrooms. Mr. Gerth explained the current student population would increase by the addition of 7th and 8th grades until the existing pre - school program was phased out, when the number of students would drop back to present levels, and that portable classrooms would be needed during the period of higher enrollment. Melba Hardy, Principal of St. Mark's School, addressed the Commission and explained expansion was necessary since no students had been lost through attrition, and the school's philosophy was not to turn children away. A study done because many parents had requested a middle school showed a lot of available pre- schools but not enough middle schools. Since pre - schoolers attend on a rotating schedule, even though present enrollment is 425, only 400 students are on campus each day. Principal Hardy stated no new pre- schoolers will be enrolled, but those already in the school will be allowed to finish their education through 8th grade, which will create a bubble of higher enrollment passing through the grades for the next six years, thereby requiring more classroom space. Mr. Lyddon commented the conceptual site plan had included a further building on what is now the playground. Principal Hardy explained if in the future that building would be needed then revisions would have to be considered. In response to Chairman Ornstein's question why the 0 4 Planning & Zoning Commission Minutes July 26, 1994 master plan was not revised to reflect the current project, Planning and Zoning Director Walton explained petitioner did not want to spend the money to determine the actual number of parking spaces needed or the items that would relate to density control since the plan was conceptual; therefore, staff had not been able to review the plan to determine if it met concurrency, the number of trips, vesting, etc. Chairman Ornstein stated in the past the Commission had always required master plans to be updated so that the future plan on file would not reflect something that could not be built. Mr. Walton replied the record is clear relative to that point and that petitioner was not guaranteed anything additional beyond what they had. Ms. Diane Carlino made a motion to recommend approval of Petition SP -94 -04 to the City Council with the following staff conditions: The St. Mark's Episcopal Church School shall not exceed a 460 student population without verification from the City that the increase complies with the City's Concurrency Management Systems Ordinance. 2. Prior to being scheduled before the City Council, the petitioner shall revise the landscape plan to reflect the installation of the vines along the perimeter fencing. 3. Prior to the issuance of the Certificate of Occupancy, 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. 4. All landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor 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. Prior to clearing or construction, trees or native areas designated for preservation 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 also be enforced during construction. 6. All trees or plants designed for preservation /relocation that die during construction or because of construction practices shall replaced using the following schedule: For every inch of tree caliper lost, three inches of new tree caliper shall be replaced with like • 5 Planning & Zoning Commission Minutes July 26, 1994 specie. The minimum replacement tree shall be three inches in diameter. Palms shall be replaced with like specie one for one with a minimum 10' height. Shrubs shall be replaced with like specie one for one with a minimum 30" 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. The motion was seconded by Mr. Phillip Lyddon. The motion was denied by a vote of 3 -2 with Chairman Ornstein, Mr. Pastore, and Mr. Sabatello voting "NO". Chairman Ornstein advised the petitioner that a negative recommendation would be made to the City Council. Concerns voiced by Commission members included the high density, the parking spaces, and why a new building would be built that did not satisfy current needs. Bob Smith, Landscape Architect, stated 35% open space was required on the project and they have 48 %, making density less than the code allowed. It was the consensus of the Commission that the petitioner should meet with staff to work out problems with landscaping and the east parking lot, and to find a means of eliminating the portable classrooms. • PLANNING AND ZONING COMMISSION Workshop: Petition PCD- 94 -01, by Gary Brandenburg, agent for William Cordani, for Planned Community Development approval to construct a 367 dwelling unit and 21 -hole golf course community on 734 acres (Gardens Country Club). Located west of the Beeline Highway at the western edge of the city limits. (Sections 28, 29, 32, & 33 -41S- 41E) Kim Glass reviewed the history of the project and summarized previous concerns of staff and the Planning and Zoning Commission: An environmental concern that the wildlife corridor was not wide enough and might not function properly due to the closeness of the clubhouse and maintenance building. 2. Public Safety concerns included the cost to provide 4 police officers in order to provide 24 -hour protection, and response time for fire rescue which was shown on a test run from Station 4 to the site took 12 minutes. Petitioner agreed to 0 6 Planning & Zoning Commission Minutes July 26, 1994 provide full disclosure to potential homeowners that the project is located within two miles of an airport and will disclose the availability of police, fire and emergency medical services, and is willing to cross -train their security officers to respond to medical situations, and to provide an emergency light board at the gatehouse to help direct emergency vehicles to homes. 3. The City Manager is reviewing petitioner's alternatives offered to meet the recreation impact fee requirement. 4. Staff still needs more phasing information in order to complete their review. Chairman Ornstein stated not much had changed since the last meeting, and that this project must meet the same level of service for fire and police as the rest of the city. Chairman Ornstein stated the City's consultants review projects on the basis of what is presented to them, and if a consultant says a project is acceptable, that means acceptable per the City's code requirements, not that it is necessarily a good design or the best possible design. Jim Schnelle, City Environmental Consultant, responded to Chairman Ornstein's concern over the clubhouse location that he had not yet looked at the clubhouse relocation, only the wildlife on site, and had camped overnight on the site to determine what type of wildlife was found there. He determined that the wildlife consisted of wading birds, armadillos, racoons, possibly one bobcat passing through, and had found a deer or hog track. He commented the clubhouse site consisted of hybrid pine flatwood area with saw palmetto, and the site is no better or worse than other flatwood locations on the property. He had looked at the possibility of adding a wildlife crossing, and would need to look at an aerial photograph to see where a pod might be changed so that the clubhouse might be moved. Chairman Ornstein stated since the clubhouse area was located in the middle of the property it seemed to be a man-made barrier to wildlife crossing the property in any direction. Mr. Sabatello requested information from Police and Fire representatives present at the meeting. Assistant Chief of Police Dennis O'Rourke responded to Mr. Sabatello that criteria used for response time would be the City's Comprehensive Plan and the Police Department's experience in urban service, and the response time since it was much longer than normal, and would result in the need for four additional police officers for this site. Chairman Ornstein stated a dollar figure would need to be provided for the police and fire services. Diane Carlin questioned who provided services for Ibis and was answered that West Palm Beach serviced that area. Fire Chief Ed Arrants reported speaking with the developer last July and indicating to him a method to better protect his property would be to completely fire sprinkle the property and subsequentlt meeting with Mr. Cordani and the Chief of Security for Wackenhut who indicated they would be willing to purchase a fire engine and hire off -duty paramedics and /or EMTs and train them at a basic guard level. In response to Chairman Ornstein's question, Chief Arrants N • Planning & Zoning Commission Minutes July 26, 1994 stated it would take a minimum of two persons around the clock for the City to provide contract EMS. Chief Arrants suggested if a fire station were built on the property across the road it could be manned by a split crew with each department providing one person for a 24 -hour period; or it could be done on a rotating basis as to need. In response to Chairman Ornstein's inquiry as to cost, Chief Arrants answered that adding personnel to the closest station would not decrease the response time; however a fire station closer to the property would; and responded to Phillip Lyddon that existing equipment would provide coverage for a fire at the clubhouse without purchasing new equipment. Gary Brandenburg, Agent for the petitioner, addressed the public safety issue, and stated petitioner had agreed to sprinkler all homes and to provide a location board at the gatehouse for emergency vehicles. Mr. Brandenburg stated that the petitioner was waiting for the City to state what would be a proper public safety response for this project, and needed to know the level of participation expected. Mr. Brandenburg commented he had learned at this meeting there were public safety impact fees and that those fees would not cover the cost of public safety personnel, however he expected taxes from this project would provide enough tax money to cover that cost. Although the City's Comprehensive Plan was clear in providing that developments would not be prevented from going forward because of levels of service for both fire and police, Mr. Brandenburg assured the Commission that petitioner wished to provide good public safety and • had no problem with the Commission requiring certain things for the project, but needed to know what they were in order to agree and to move on. He also stated all the calculations that the number of people that the Comprehensive Plan sets out are not consistent with the letters received on this project, and explained the project now calls for 365 units instead of the former 367 since the tower side had been excluded from the property. The 365 units would generate 2.3 persons per household, or 839 people, resulting in a police requirement of 1.25, and the Comprehensive Plan did not state 1.25 per shift, and dividing the number police personnel within the City by the City's population resulted in 3 officers per 250 people. Mr. Brandenburg stated the Comprehensive Plan's stated goal was 2.5 officers per 1000 residents, and that it also stated there was a five- minute average response time city-wide. Mr. Brandenburg requested direction from the Commission as to specific requirements. • Chairman Ornstein stated to Mr. Brandenburg that his client will fund four police officers and provide them with a small site for a public safety facility and will contribute to and /or build completely a fire station across the street so this project can have the same level of public safety service that the rest of the City has. Diane Carlino stated for the record that she did not understand from the Fire Chief that the facility across the road was necessary at this point. She also understood the Fire Chief to say that because there would be a joint situation with Palm Beach County as well as other fire stations that could use that facility that a development of this size should not have to fund and develop a fire station. She agreed the development should fund one policeman but questioned 8 • Planning & Zoning Commission Minutes July 26, 1994 the need for four policemen, and wanted the record to show that she did not agree with four policemen. Chairman Ornstein stated this project was unique because of its location and needed to be looked at in that light. He clarified that he could not support this project until the public safety issues were resolved, and that the police officers should be funded when the first C.O. was issued but the method would need to be worked out with City officials. Mr. Brandenburg suggested that the Commission was requiring different levels of service on this project than they were requiring elsewhere, and read from the vested rights agreement between the petitioner and the City Council which stated "...for the purposes of land use and density the City will allow the development of this project consistent with the location, land use and density that could be allowed under the County's Comprehensive Plan. Specifically, the City will allow the project to be developed at the location described in Exhibit B. The City will allow the project to be developed with a residential land use at a density of up to one dwelling unit per two acres. " Mr. Brandenburg observed that at the time this agreement was signed it was clear where the property was located in relation to all of the City's services, and it was also clear at the time that it would be developed at two acres per unit. The duration of this agreement was for five years, and was adopted in 1993. Another part of the agreement read into the record by Mr. • Brandenburg stated: "The Parties acknowledge and agree that unless inconsistent with paragraph two above [which was the part just read] that the City's current Comprehensive Plan and Land Use Development Regulations will apply." Mr. Brandenburg asked what standard the City applies to every other development that their development was not meeting, and that they would try to come up with ways to meet that standard. Chairman Ornstein stated he could not support a project that does not have the same level of level of service for police and fire protection as the rest of the City. Mr. Sabatello suggested staff needed to make recommendations so that the Commission could make judgements and rule from those recommendations, and could not make comments or decisions until the experts make their statements. Chairman Ornstein stated he would go along with public safety recommendations by staff, fire and police. Chairman Omstein directed petitioner to meet with staff and come up with recommendations and a method of achieving public safety. Mr. Brandenburg addressed the airport issue and stated petitioner had agreed to notify homeowners of the nearness of the airport. Mr. Sabatello asked for clarification that homeowners would be notified of the close proximity of the airport and that one runway operates at night. Mr. Lyddon mentioned that Pratt Whitney was also nearby and large aircraft operating from their runways generated a lot of noise. 0 9 Planning & Zoning Commission Minutes July 26, 1994 Mr. Brandenburg remarked petitioner was waiting to hear from Parks & Recreation the amount of impact fees, and believed that the wildlife corridor as submitted met the City's code. In response to Chairman Omstein's statement that staff needed phasing data, Mr. Brandenburg explained that no further phasing data was available at this point and that more was anticipated to be developed at the time the design on the individual PUDs was done. Mr. Tim Messler reported the traffic analysis for this project included approximately 25% external trips to the golf course, which implied there would be that many people using the course who did not live in the development; and with this figure there was no problem meeting concurrency on the road network. Planning and Zoning Director Walton voiced concern that the small number of external trips could support the type of golf course designed for this project. Chairman Ornstein directed Mr. Messler and staff to meet to work out inconsistencies in the found in the traffic study. Chairman Ornstein informed Mr. Brandenburg that a complete landscape buffer plan must be submitted with the application for the first PUD, and summarized the outstanding items for which petitioner and staff needed to work out solutions: public safety, police and fire, recreation, phasing and landscaping. • It was suggested by Kathleen Brennan of Palm Beach County Department of Environmental Resources Management that wildlife corridor crossings be moved as far north as possible to increase the possibility of connecting with the areas adjacent to the property that could be preserved. Ms. Brennan also suggested that the Clubhouse and maintenance facility were located too close together for wildlife movement. Discussion ensued regarding types of animals and how they move through areas. Mr. Lyddon suggested leaving the clubhouse where it is and moving the maintenance facility. George Gentile, Environmental Consultant, stated the majority of animals using this site were birds that would fly in, and that the wetlands on the site provided habitat for most of the wildlife using this property. His recommendation was to leave the clubhouse in its present location in order to avoid impacting more wetlands. Chairman Ornstein requested Mr. Brandenburg meet with staff to determine solutions to the unresolved items discussed at this meeting: 1. The project must meet the same level of Police and Fire services as the rest of the City. 2. Possible relocation of the clubhouse to facilitate the wildlife corridors. 3. The cost of providing four additional police officers (Assistant Chief O'Rourke to prepare). 10 • Planning & Zoning Commission Minutes July 26, 1994 4. Cost of extending fire protection /emergency medical services. 5. Clarification /certification that future homeowners would be notified of the existing airport nearby. 6. Phasing data is needed. 7. Detailed landscape buffer plan for all perimeters of the project is required at the time of first P.U.D. application, along with plans for the entrance to the project. 8. Traffic analysis associated with golf course patrons is needed. OLD BUSINESS: Mr. Carl Sabatello asked if any progress had been made on the preparation of Newspaper Rack Ordinance, and Mr. Thomas Baird, City Attorney, indicated there had been no new developments. C • 11 • • Planning & Zoning Commission Minutes July 26, 1994 ADJOURNMENT: There being no further business, the meeting was adjourned at 10:05 p.m. The next meeting will be held August 9, 1994. ; , Chairman Diane (Absent) Daniel Honig (Absent) Michael Posner, Alternate Ja Holloman, Secretary • 12 , Chairman-Elect Phillip Lyddon (Absent) William Mignogna 4fAvv "I'' kzv-- Thomas Pastore, Alternate