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HomeMy WebLinkAboutMinutes P&Z 042793CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION APRIL 27, 1993 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 and present were: Chairman Jeffrey Ornstein, Vice Chairman Joseph Hamzy, Alan Strassler, Carl Sabatello, Domenick Lioce, Members; and, Diane Carlino, Alternate Member. Dan Shalloway, Alternate Member, was not in attendance. ITEM BY PLANNING AND ZONING COMMISSION CHAIRMAN 0 - Chairman Ornstein said he has received a letter of resignation from the Commission from James Leatherman. He said he wished Mr. Leatherman the best. APPROVAL OF MINUTES OF MEETING OF APRIL 13, 1993 Mr. Joseph Hamzy made a motion for the approval of the minutes of the April 13, 1993 Planning and Zoning Commission meeting. Mr. Alan Strassler seconded the motion. The motion was approved by a 3 -0 vote, with Ms. Diane Carlino, Mr. Domenick Lioce and Mr. Carl Sabatello abstaining. SITE PLAN AND APPEARANCE REVIEW COMMITTEE Recommendation to City Council for Petition SP- 93 -02, by Andrew Brock, owner of the Gardens Towne Square shopping center (formerly Palm Beach Gardens Square), for site 1 plan approval to construct a 572 square -foot truck well and receiving room addition at the • northwest corner of the existing Oshman's sporting goods store at the Gardens Towne Square shopping center. Locating south of Northlake Boulevard and approximately 300 feet west of Interstate 95. (24- 42S -42E) Mr. Alan Strassler announced that he was the architect for the project and he has a conflict of interest. He said he will not participate in' the discussion nor vote on the project. Mr. Bristol S. Ellington, City Planner, reviewed the April 22, 1993 staff report on the above- referenced project. Chairman Ornstein said the proposed signage accentuation looks like a shopping center on Okeechobee Boulevard. Mr. Ellington said the proposed red lattice work will not be lighted. Chairman Ornstein asked if there was a signage package for this project. Mr. Ellington said there was a package that requires the colors be consistent. is Chairman Ornstein said there were several tenants who would not go into the center, because the city would not allow a change in the signage style. Planning and Zoning Director Rich Walton said there were three different colors allowed for the proposed center signage. Mr. Andrew Brock, the petitioner, said the new ownership of the shopping center has restricted the color of signage from the three colors approved to only red - colored signs. He added that the Publix store has a white sign because it was a special approval. Mr. Brock reviewed the proposed signage program. Chairman Ornstein said he finds the proposed lattice accent work offensive. He said it looked like the shopping center on Okeechobee Boulevard. He suggested replacing the lattice with a mansard roof. is • Mr. Brock said they would like to add an accent to the building without disrupting the operations of the shopping center. He added that he maintains the shopping center better than the center on Okeechobee Boulevard. Mr. Domenick Lioce suggested placing landscaping along the west side of the building near the new loading zone. Mr. Brock said there are oak trees and a concrete fence along the west side of the site. Ms. Diane Carlino asked what is the proposed change to the monument sign. Mr. Brock said the shopping center name and the Publix sign will be inverted. Ms. Carlino asked what provision is being made for the shopping carts for the Office Max store. Mr. Brock said there is an internal storage area for shopping carts. Several Commissioners told Mr. Brock that they want to make sure that shopping carts do • not stay in the parking lot. Mr. Brock said he would accept a condition of approval which would call for the carts to be brought back into the store immediately after use. Ms. Carlino said the lattice work proposed is not in keeping with the shopping center's character. She said a sign /logo combination would achieve what Mr. Brock is seeking. Mr. Brock said that without some accenting of the sign, the lease deal may fall through. Mr. Joseph Hamzy said he is not comfortable with the proposed lattice. He said he does not oppose the color or the type of design. He added that it is the pattern to which he objects. He said the pattern makes it a disjointed shopping center. Mr. Lioce said he agrees that a major tenant ,should be set off by some accenting, but he does not like the lattice work. Mr. Brock said he did not want to have to construct something, which will disrupt the 0 3 . operations of the shopping center. Chairman Ornstein told Mr. Brock to tell Office Max that the Commission does not like the lattice and to come back with something else. Mr. Carl Sabatello said the petitioner has done a great job in renovating the center. He added that he does not have a problem with the lattice. He suggested that the lattice be in a pattern instead of a floating design. Chairman Ornstein asked Mr. Brock if he would like to request a postponement of the decision on this petition. Ms. Carlino asked Mr. Brock if he would be willing to accept a recommendation of approval without the lattice work. Mr. Brock said he needs some accent work on the building. Mr. Brock said he will come back with something else. • Chairman Ornstein said that if Mr. Brock came back with the lattice in a different pattern, then he would still vote against it. The Commission was polled on their feelings concerning the lattice work. Chairman Ornsteia.and Ms. Carlino said they were uncomfortable with the lattice work. Mr. Hamzy and Mr. Sabatello said they were comfortable with the lattice work. Mr. Lioce said he did not know. He added that if the pattern looked more attractive, then he would not have a problem. Workshop Meeting for Petition SP- 93 -03, by Keith Pelan, agent for The Home Depot, Inc. and Crossroads At Northlake Associates, for site plan approval to amend the Site Plan for the Crossroads at Northlake shopping center by enlarging the Home Depot building by 21,385 square feet, Home Depot Garden Center by 17,000 square feet and decreasing the shopping center by 21,600 square feet. Located at the southeast corner Northlake Boulevard and Interstate 95. (19- 42S -43E) Mr. Ellington, City Planner, reviewed the April 22, 1993 staff report on the above - referenced • petition. • Mr. Strassler asked if the draft Land Development Regulations require five parking spaces per 1,000 square feet of space. Mr. Ellington said it does. Chairman Ornstein asked if there was a traffic impact with the Garden Center. Mr. Ellington said this project was reviewed for concurrency and there was no problem with the traffic generation. Ms. Carlino said she would like to raise the issue of the shopping carts in the parking lots. Chairman Ornstein said they would address this issue with the petitioner. Mr. Hamzy asked if staff could provide photographs of the shopping center. He added that he would like to see the approved landscaping plan for the center. Mr. Ellington provided a landscape plan for the center and said he will have Mark Hendrickson verify its accuracy on the site. Mr. Hamzy asked to see the traffic report concerning this petition at the next meeting. He said that leaving the shopping center is dangerous. Mr. Ellington said the City's Traffic Engineering Consultant, Yvonne Ziel, examined this problem of access. She determined that there was not enough data on whether there is a traffic accident problem on the site, Mr. Ellington said. He added that he will provide Ms. Ziel's report at the next meeting. Chairman Ornstein said he would like the entire shopping center's parking lot to be double - striped if the petitioner maintains the 9' by 18' parking spaces. Mr. Hamzy said he has problem with the 18' depth of the parking spaces because there is no curb overhang. 5 is Mr. Ellington said the City Council has allowed the continuance of single - striped, 9' by 18' parking spaces in another shopping center. He added that the draft LDR allows for 9' by Mr. Lioce suggested placing additional landscaping between rows of parking. He also expressed his concern with the relocation of the Home Depot entrance to the west and closer to the rest of the shopping center. He said the traffic will generate more need for parking near the retail shops, where there is less parking available. Chairman Ornstein said there is currently not enough parking for Home Depot. He asked if there will be more products, then there will be a need for additional parking. Keith Pelan, agent for the petitioner, reviewed the request for the Commission. Mr. Lioce asked if it was necessary to move the entrance to the west, because that is where most of the congestion is located. Ms. Heather Correa, architect for the project, said the cash registers and exits are along the eastern front of the building and it should spread out the congestion. Chairman Ornstein said the store needs to develop a method of customer pick -up. He asked if it was possible for Home Depot to adopt a policy where the employee brings the cart out and brings the cart back. Ms. Correa said she will check on that. Mr. Lioce said he is concerned with the front loading zoning, because customers back up their trucks and block traffic. He also suggested placing the loading area in the rear of the building. Ms. Correa said Home Depot does not like to bring its customers through its service area. She added that there are semi - trucks parked in the rear. Chairman Ornstein stated that the petitioner needs to address the loading and unloading • 6 and traffic circulation. Mr. Hamzy said there is a parking problem and a loading problem. He said placing the loading of lumber in the rear is a valid suggestion. Mr. Hamzy said the problem is that everyone brings their truck to the loading zone, parks it and then goes in and shops. Ms. Correa said it sounds like an operational problem. Chairman Ornstein said it is one, but it also should be considered in the design of the building. Ms. Correa said she will ask about a rear loading area. Mr. Sabatello said he would like to come up with conditions of approval which could be enforced by the Code Enforcement Officer. Mr. Walton said he will have David Getz to specifically review the loading area and its • operation. Mr. Sabatello said the loading should be in the rear. He added that there should be a condition of approval concerning shopping carts. Mr. Hamzy questioned the need for the road separating the Home Depot expansion with the rest of the shopping center. He said that unless the lumber loading area is in the rear of the building, this road should be closed off. The Commission suggested placing the Garden Center loading in the rear of the building. Mr. Strassler suggested placing the main sign in the center of the building. Chairman Ornstein said the Commission likes the idea that Home Depot is expanding, but there are a few problems. Mr. Hamzy said the new lumber door overhang should add to the architecture of the entire 0 7 • building. He suggested blocking up the old entrance to the store when the new entrance is constructed. Chairman Ornstein said the existing shopping cart corral is ugly. Mr. Hamzy suggested that the shopping carts be stored within the building. Mr. Lioce suggested landscaping along the foundation of the building along the entire north side. Chairman Ornstein asked Mr. Ellington to prepare photos of the existing shopping center for the next meeting. PLANNING AND ZONING COMMISSION Public Hearing for Petition PUD- 93 -04, by William Shannon, agent for Moduplex Corporation, to amend the 4 -acre outparcel (The Oaks Center) of The Oaks Planned Unit Development, adopted by Resolution 60, 1990, for a three -year time extension for the completion of all phases of the development. Located at the northwest corner of Burns • Road and Prosperity Farms Road. (8- 42S -43E) Mr. Ellington reviewed the April 22, 1993 staff report for the above - referenced petition. Mr. Lioce asked if the City Engineer is asking the petitioner, in essence, to wait three years to build its building. Mr. Ellington said City Engineer David Getz has indicated that the money to construct the road is not within a year time - frame. Chairman Ornstein said that this is an existing condition and Mr. Getz is restating it. The petitioner can build the road whenever he wants. Mr. Lioce said he does not remember requiring the expansion of Burns Road before the construction of the road. He said we are taking an approved project and telling the petitioner that he can not build it for three years. 0 8 Chairman Ornstein said they can build Burns Road right now and finish their project. The petitioner does not have to wait, he added. Chairman Ornstein said Mr. Getz is saying that the impact fees will come on line within that time and the road expansion can be started. Mr. William Shannon, agent for the petitioner, said this is a new condition, but not a completely new condition. The original condition from the original PUD approval is from Mr. Kahart Pinder's letter. That condition tied the phasing of the project to the number of traffic trips generated. Mr. Lioce asked if they have exceeded the number of trips. Mr. Shannon said they have not yet exceeded the set number of trips. He added that the number of trips will be met with the completion of the residential portion of The Oaks PUD. Mr. Shannon said Mr. Getz's condition is a restatement of Mr. Pinder's condition without • the use of traffic trips. Mr. Sabatello said the condition is changed to the benefit of the petitioner, who will have a standing time extension. He said the construction of the building is no longer tied to trips, but is tied to the expansion of the road. Mr. Shannon said they would have preferred to rely on the trip calculation, because the trip calculation may be different and could benefit the petitioner. He said Mr. Getz has simplified the condition and they are willing to accept it. He said he is willing to accept either condition. Mr. Shannon said the practical effect on the conditions is the same. Chairman Ornstein said he would like a condition that within two years, if no building permits are pulled, then all vesting would then cease. Mr. Shannon argued that there should be a three -year time extension, because few other r7 • projects have the facts this has. Mr. Sabatello said with the proposed condition, the petitioner does not have to build until the road is constructed by others. He said that if the road is not constructed within the next three years, the petitioner will be able to come back and say, "It was not our fault" that the building was not constructed. Mr. Lioce agreed and said that the petitioner will have an automatic extension. It could go on forever, he said. Mr. Lioce suggested that a three -year extension be granted and if the road is not there, then they would have to fully fund their impact fees. Chairman Ornstein said they can build the road at any time. Mr. Sabatello questioned the shortfall of funds for the road construction. Mr. Shannon said the shortfall is the $76,000 of impact fees from Prosperity Corporate Plaza, which is in • receivership. Mr. Sabatello said the $76,000 shortfall is the automatic time extension for this project forever. He said he did not believe that was right. Mr. Hamzy said the solution is to stick with the original PUD and grant them a one -year extension. In a year, we will have more information, he added. Ms. Carlino said that the Commission recently recommended approval of a two -year time extension for Gardens Office Plaza on PGA Boulevard . Chairman Ornstein said he has no problem with a two -year time extension. However, the concurrency would expire at the end of those two years, he added. Mr. Lioce and Ms. Carlino said they would not like the condition of removing the vesting after the end of the time extension. • 10 • Mr. Lioce said he did not like the proposed condition, because we might have a situation where we are obligated to grant them another extension. Chairman Ornstein suggested a recommendation of a two -year time extension with the original PUD condition. Chairman Ornstein opened the Public Hearing for the above - referenced petition. Upon hearing no public comment, Chairman Ornstein closed the Public Hearing. The Motion Mr. Lioce made a motion to recommend approval to City Council of a two -year time extension with the following conditions: 1. Prior to the issuance of building permits for land uses generating in excess of 7,841 daily trips, the construction contract for the widening of Burns Road to a four -lane divided section from Gardens East Drive to Prosperity Farms Road must be let. Prior to the issuance of any certificate of occupancy for land uses generating in excess of 7,841 daily trips, the four laning of Burns Road from Gardens East Drive to Prosperity Farms Road shall be complete and open to the public. The proposed office building would be allowed after all roadway improvements are completed. 2. Prior to the issuance of any certificates of occupancy for the office use, the applicant shall have completed construction of an eastbound left -turn land on Burns Road at the proposed office driveway. Mr. Strassler seconded the motion. The motion was approved by a 5 -1 vote, with Chairman Ornstein opposing. Recommendation to City Council for Comprehensive Plan Amendment 93 -01 (TAZ 848 Density Reduction) • 11 • Ms. Kim Glas, City Planner, reviewed the April 21, 1993 staff report on the above - referenced petition. is Mr. Lioce asked what the legalities are with this reduction of units. He asked if there should be a Public Hearing or the landowner notified. Ms. Glas said the landowner was notified about this meeting. Mr. Walton said the landowner has been involved throughout the process. Mr. Lioce asked what happened with the reduction of units with PGA National. Mr. Walton said the reduction was conditional and dependent upon the removal of the road. Mr. Hamzy asked why the property owner is agreeing to lower densities. Mr. Walton said the property is largely wet, and it would be difficult to achieve more than two units per acre. Ms. Glas said the unit reduction would be achieved through a land use overlay. The Motion - Mr. Lioce recommended approval to the Local Planning Agency of the above - referenced petition. Mr. Joseph Hamzy seconded the motion. The motion was approved by a 6 -0 vote. PGA Boulevard Planning and Design Guidelines Chairman Ornstein reviewed the discussions of the previous meeting concerning the referred guidelines. He said he did not want any architectural theme for PGA Boulevard. Mr. Sabatello said establishing guidelines may hurt the board as much as it helps. Mr. Walton said the City is trying to put something together which includes the standards • 12 the Commission agrees upon. Those standards will be helpful for a future petitioner Isbuilding along PGA Boulevard, he said. Chairman Ornstein said the Commission should have another meeting and come up with a list for the guidelines. NEW BUSINESS Mr. Sabatello asked if the people along Military Trail who received money from the County for landscaping have been cited. Chairman Ornstein said they have. Mr. Walton said there are people who are now in compliance, those who are negotiating, and those we have yet to hear from. OLD BUSINESS Mr. Hamzy asked why the future land use map has yet to updated. Mr. Walton said it was the most updated land use map. He said the City is in the process of adding land uses for the recently - annexed areas of the City. ADJOURNMENT There being nothing further to come before the Commission, the meeting was adjourned at 10:15 P.M. The next meeting will be held on May 11, 1993. • 13 Jeffrey Ornstein Alan Strassler Diane Carlino 4 G Marty R.A. inor, Secretary • 14 Carl Sabatello