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HomeMy WebLinkAboutMinutes P&Z 052593CITY OF PALM BEACH GARDENS • PLANNING AND ZONING COMMISSION MAY 25, 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, Daniel A. Honig, Phillip S. Lyddon, Members; and, Diane Carlino, Alternate Member. Dan Shalloway, Alternate Member, was not in attendance. Chairman Ornstein said Ms. Carlino was allowed to leave the meeting after she was informed that a full Commission was in attendance. • APPROVAL OF MINUTES OF MEETING OF MAY 11, 1993 Mr. Carl Sabatello made a motion for the approval of the minutes of the May 11, 1993 Planning and Zoning Commission meeting. Mr. Alan Strassler seconded the motion. The motion was approved by a 6 -0 vote, with Mr. Daniel Honig absent. SITE PLAN AND APPEARANCE REVIEW COMMITTEE WORKSHOP: 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. The Crossroad at Northlake shopping center is located at the southeast corner Northlake Boulevard and Interstate 95. (19- 42S -43E) • 1 Mr. Bristol S. Ellington, City Planner, reviewed the May 20, 1993 staff report for the above- referenced petition. Mr. Ellington stated that new plans were submitted by the petitioner today and that staff has yet to review them. Mr. Sabatello asked if the Commission was looking at the latest plan. Mr. Ellington said no it wasn't. Mr. Rich F. Walton, Planning and Zoning Director, said staff was seeking direction from the Commission on whether to discuss the recently submitted plan. Chairman Jeffrey Ornstein said the he would like the Commission to provide only a preliminary review of the plan. He added that there is no input from staff on the latest revised plan. Mr. Carl Sabatello asked if the project was approved with single- or double- striping of the • parking lot. He added that he would like to know by the next meeting when the code which required double - striping was approved. Mr. Lee Worsham, attorney for the petitioner, outlined the recent revisions to the site plan, especially for the customers' loading area. Mr. Worsham said Home Depot is proposing cart corrals in the parking lot. Mr. Domenick Lioce asked what materials will be used for the corrals. Mr. Worsham said the petitioner is flexible on this matter. Mr. Worsham added that the petitioner has agreed to double- stripe all the 9' wide parking spaces within the shopping center's parking lot. He described the proposed new loading area for the north side of the store. Mr. Walton asked that Mr. Worsham leave any information concerning his research into the old City codes,with staff. Mr. Worsham said • 2 he would. • Chairman Ornstein asked if Home Depot has indicated whether it will not consider loading in the rear of the store. Mr. Worsham said the rear of the store is already congested with semi - trucks and an employee entrance. He added that the store has received complaints from neighbors about the rear of the store. Mr. Daniel Honig suggested placing a uniformed guard in the loading area to ensure that customers do not park in the loading area. Mr. Lioce requested that the petitioner provide a description of the management plan for the loading area and the shopping cart. Mr. Alan Strassler said he does not believe the loading area will not work. He said he • favors the existing loading area. Mr. Strassler made a motion to table this petition until staff has the opportunity to completely review the recently submitted plans. Mr. Sabatello seconded the motion. Mr. Lioce said that the petitioner has the right to hear the Commission's comments concerning this plan. Mr. Sabatello said there are so many questions left unanswered. He added that the Commission is designing the project. Chairman Ornstein reiterated that he would like to see the loading in the rear for purchasers of large items and contractors. Mr. Honig urged the petitioner to alter its operations as to differentiate contractors and • 3 regular customers. • The motion to table this petition was unanimously approved by a 7 -0 vote. PLANNING AND ZONING COMMISSION PUBLIC HEARING: Petition CU- 93 -03, by Seth Gadinsky, agent for P.B.G.S., Ltd., representing the Discovery Zone, for a conditional use in the CG -1, General Commercial zoning district to allow skill game -type machines at the Discovery Zone, located in the Gardens Towne Square shopping center. Located south of Northlake Boulevard and approximately 300 feet west Interstate 95. Mr. Strassler and Mr. Lioce said they have a conflict of interest with this petition and will not participate in the discussion of this petition. Mr. Bristol S. Ellington reviewed the May 20, 1993 staff report on the above - referenced petition. Chairman Ornstein opened the Public Hearing. • Upon hearing no public comment, Chairman Ornstein closed the Public Hearing. Mr. Sabatello made a motion to recommend approval to City Council of the above- referenced petition with no conditions. Mr. Honig seconded the motion. The motion was approved by a 5 -0 vote, with Mr. Strassler and Mr. Lioce abstained citing a conflict of interest. PUBLIC HEARING: Petition PUD- 93 -05' by Jeff Lis, agent for Prosperity Centre Associates, Ltd., to amend the approved development plans for the Prosperity Centre Planned Unit Development. Located south of PGA Boulevard and east of Prosperity Farms Road. (5- 42S -43E) Mr. Ellington reviewed the May 20, 1993 staff report for the above - referenced petition. He added that staff has received new revised plans on the day of this meeting. Mr. Walton said is 4 the petitioner has indicated to him that the changes are minor. • Mr. Jeff Lis, agent for the P etitioner, reviewed the recent changes to the site plan. He requested that the neighboring residents be allowed to speak on the project at this time. Chairman Ornstein decided to allow public comment during the Public Hearing portion of the meeting. Mr. Lis continued his review of the project. Mr. Lis requested a right -turn out only in addition to the right -turn in only on Floral Lane to facilitate semi- tractor trailer traffic. He said if this was not approved, then he did not know how the trucks will leave the rear of the building. Mr. Walton provided the Commission with a brief history of the project and the Floral Lane entrance /exit. Mr. Honig said there is a right -turn in approved. Mr. Lis offered to delete the right -turn • in only entrance on Floral Lane from the site plan. Mr. Honig agreed as he said he did not semi- tractor trailer traffic on Prosperity Farms Road. Mr. Lioce said he does not want trucks going in and out on Floral Lane. Mr. Walton said staff will bring this change to the attention of the City Engineer. Chairman Ornstein asked what would happen if the Commission removed the right turn in entrance on Floral Lane. Mr. Lis said that was fine with him. Mr. Lis explained that they have agreed with the residents' request to make the wall at the southeast corner of the site at a 45 degree angle. He added that the petitioner has agreed to place landscaping, trees on 20 -foot centers, irrigation, sod on the residents' side of the wall and maintain it in perpetuity. Mr. Lis also explained how the buffer wall will "step- down" from 10 feet to seven feet in height. He added that the neighboring residents agree 0 5 with the submitted plans. • Mr. Hamzy asked who owns the land on which the landscaping will be placed along Kidd Lane. Mr. Lis said it was Palm Beach County right -of -way and he will have to receive County approval for the landscaping. In response to a question from Mr. Hamzy, Mr. Lis said that carrotwood has been eliminated from the landscape plan. Mr. Ellington requested that the landscape plans be revised to reflect the change. Mr. Lis requested that he be allowed to place 12 to 14 -foot trees instead of the 14 to 16 -foot trees, as recommended by City Forester Mark Hendrickson, in the parking lot. Mr. Carl Sabatello asked if the petitioner is willing to install 14 to 16 foot trees as a substitute hedge. Mr. Lis said he is offering to replace the hedge with ground cover. He said he would be happy to replace the ground cover with taller trees. • Chairman Ornstein then opened the Public Hearing. g Bob Wood of 11456 Kidd Lane said that the wall along Kidd Lane will be painted the same color as the building. He said he liked the plan. He said he sees no difference between the barrel tiles and the metal roof proposed. Mike Roberts of 11440 Kidd Lane presented a petition to the Commission expressing the neighboring residents' support of the project. Rich Peterson, who lives near the project, said he supports the changes with the project. He said he would like to have a median cut for Kidd Lane on PGA Boulevard. Palm Beach County Commissioner Karen Marcus asked that the Commission include a condition of approval for the landscaping in the County right -of -way. 0 6 • • Upon hearing no further public comment, Chairman Ornstein closed the Public Hearing. Mr. Lioce said he did not like the proposed metal roof material. He said it is a different color and different material from the roofing material in the front of the building. After a polling of Commissioners, no other Commissioners agreed with Mr. Lioce's comments. Mr. Lis said if the right -turn out is not approved, he would still like to have the right -turn in. Mr. Lioce made a motion to recommend approval to City Council of the above - referenced petition with the following conditions: 1. 2. 3. W 5. 91 The petitioner shall provide cross - access to the outparcel (Fina gas station) at the southwest corner of Prosperity Farms Road and PGA Boulevard, if it is possible to provide such access in negotiations with that property owner. Signage at the ingress /egress points where left -turn out only and right -turn out only should be provided to avoid motorist confusion as approved by the City or its engineer. The .20 -acre area designated as a "Garden" on the south side of the PUD shall be maintained as open space by the Developer. All roof - mounted equipment, including but not limited to, antennas shall be properly screened so that said equipment shall not be visible in the line of sight within 1,000 feet of the base line of the building upon which same shall be mounted. No construction traffic shall be permitted on Kidd Lane side of the project. The permitted uses shall be and the same. is hereby designated as those 40 7 usages set forth in CG -1 General Commercial District. 7. The sale of alcoholic beverages, under a Florida SRX license, or any subsequent designation, in the use of the premises is hereby approved. A variance to the distance requirements set forth in the Palm Beach Gardens Code between premises upon which alcoholic beverages are sold is hereby granted. 8. Signage, both temporary and permanent, shall be reviewed and approved by the City Council by subsequent resolution. The intervention of review by the Planning and Zoning Commission or the Site Plan Review Committee, shall not be required nor shall a public hearing or publication in a newspaper of general circulation be required prior to adoption of such Resolution. _ 9. No outside speakers shall be used in the Planned Unit Development. • 10. No deliveries shall be made to the Planned Unit Development between the hours of 8:00 P.M. and 7:00 A.M. 11. No live or taped music shall be permitted outside any building within the Planned Unit Development. All internal music shall be background type music usually associated with restaurant dining. 12. In the event the Florida Department of Transportation shall authorize and permit a traffic signal in the PGA Boulevard median described in Exhibit "D" of Ordinance 32, 1988 prior to October 20, 1993. Petitioner shall within twenty (20) days of written request for payment by the City, shall pay to the City the cost of such signal and installation thereof. 8 13. Upon approval of the Plan for shared parking, prepared by Kimley -Horn and • Associates, Inc., dated February, 1992 and revised March 1992, a copy of the Plan shall be filed among the records of the Building Official and the City Clerk and shall thereafter be binding upon the applicants and their heirs, successors, and assigns, and shall restrict and limit the use within the Prosperity Centre PUD to a maximum of 111,600 square feet of retail space with the remaining 9,400 square feet to be restaurant space. 14. The curbcut at Floral Lane shall be a right -turn out only exit with no entrance permitted. 15. The Live Oaks shall be installed with a 12 -14' height. All carrotwood shall be replaced by mahogany trees. 16. All tree protection /relocation and landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all tree protection efforts, all tree relocation work, all landscaping work, and any work that affects the outcome of the approved landscaping plans. The Landscape Architect of Record shall notify the City prior to any modifications to the approved landscape plan. 17. All trees designated for preservation 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 one for one with 40 9 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. 18. 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 changes to the approved landscape plans shall be approved by the Planning and Zoning Commission or 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. 19. Street trees and all associated lot landscaping, and any common area • landscaping adjacent to said lot shall be installed prior to the Certificate of Occupancy of said lot. Prior to final sign -off, the Landscape Architect of Record shall inspect and certify that all required landscaping is in compliance with the approved landscape plan(s). The City Forester shall approve (sign - off), on these areas as they are completed. 20. The plan shown by the petitioner where by the southeast corner of the wall on the property boundary shall be cut in a 45- degree angle. The property on the south and east of that wall, not only in the City but also in the County, will be sodded, landscaped, irrigated and maintained in perpetuity. 21. The west /east wall in the northeast section of the property will have the 0 10 following elevation: for the first (from west to east) 25 feet, the wall will be • 10' on the residents' side; for the next 25 feet, a 9' wall on the residents' side; for the next 25 feet, an 8' wall on the residents' side; and, for the remaining 37 feet, a 7' wall on the residents' side. The wall adjacent to Kidd Lane shall be 7' high from grade. 22. On the east side of the wall along Kidd Lane, the property, subject to approval from Palm Beach County, shall be landscaped, hedged, 10 -12' high trees, trees on 20 feet on center, irrigated and maintained in perpetuity. 23. The wall, both sides, is to be painted the same color as the shopping center building. • Mr. Honig seconded the motion. Mr. Sabatello said the petitioner should not be made to paint both sides of the wall as it was not part of the agreement with the neighboring residents. Chairman Ornstein polled the residents to indicate whether they wanted the wall painted behind their house. The residents indicated by a show of hands that they wanted the wall painted. The motion was approved by a 7 -0 vote. WORKSHOP: Petition Z- 92 -04, by Scott Bennewitz, agent for M/I Homes, Contract Purchaser, to rezone a 56 -acre site from the Palm Beach County zoning designation of AR, Agricultural Residential to the City's designation of PUD, Planned Unit Development and site plan approval for the construction of 200 single - family detached and zero lot -line residential homes. This site is located a quarter of a mile north of PGA Boulevard on the east side of Central Boulevard (2- 42S -42E). (Preliminary Master Plan) Chairman Ornstein said the Commission will only be discussing site plan matters concerning • this petition. 11 Chairman Ornstein also announced that Mr. Lioce has a conflict of interest with this project • and has left the meeting. g Mr. Ellington reviewed the May 20, 1993 staff report for the above - referenced petition. The Commission questioned the recommendation of City Environmental Consultant Jim Schnelle for a fence around the gopher tortoise preserves. Chairman Ornstein said he would like Mr. Schnelle present the next time this petition is discussed. Martin Perry, attorney for the petitioner, reviewed the project, especially the buffer along the boundary with Shady Lakes. He said the homes along that boundary will be restricted to a single -story use. Chairman Ornstein said there should be a minimum of a five -foot setback for pools, screen enclosures and accessory buildings. He added that the maximum building height of 36 feet • is too high. He said a height of 26 or 28 feet would be more appropriate. Mr. Perry said he would agree with Mr. Schnelle's recommendations if they are agreed upon by the state regulatory agencies. In response to questions from the Commission, Mr. Andrew Bie, environmental consultant for the petitioner, said field surveys indicate that the site holds a small adult tortoise population. Mr. Walton said the Mr. Schnelle's recommendation for a fence around the tortoise preserve reflects his concern for the tortoises' safety from dogs and humans. Chairman Ornstein suggested eliminating some lots to enlarge the tortoise preserve area. Mr. Perry said he and Mr. Bie will meet with Mr. Schnelle to discuss his recommendations before the next meeting. He added that if it is necessary he will talk to someone from the • state agencies about the gopher tortoises. Mr Honig asked what the opposition was to the project's entrance off the school access 12 road. Mr. Walton said there is a potential conflict of traffic with children going to school. • Mr. Perry said if the Commission wishes to close off that entrance, the petitioner will close it off. Mr. Sabatello said the petitioner needs to clarify the heights of one -story and two -story houses. He added that this project will greatly impact the Shady Lakes community. Mr. Sabatello suggested increasing the buffer along Shady Lakes by removing lots adjacent to that community. He said the proposed housing type is different from the houses in Shady Lakes. Mr. Sabatello said the proposed rear elevations of the homes are not overly appealing. Mr. Honig suggested moving the lake to the west to allow for more of a buffer along the eastern boundary. He asked if the petitioner has considered placing a berm between this • project and Shady Lakes. Mr. Scott Bennewitz, planner for the petitioner, said a berm would require the removal of trees. Chairman Ornstein said he agrees that the petitioner should remove the six lots that border the Shady Lakes community. Mr. Strassler suggested moving lots along the western interior road in order to provide a view of the proposed lake. He said he agreed with the Shady Lakes buffer by removing six lots. Mr. Strassler said he supports the closure of the entrance to the school access road. Mr. Phillip Lyddon said he agreed with Mr. Strassler. Mr. Honig said the petitioner should find some way to relocate the gopher tortoises. Mr. Hamzy suggested moving the preserve connection away for the intersection at the southwest portion of the site. He also suggested relocating the trees which are being • destroyed and placing them in the disturbed wetland. Mr. Hamzy also said the petitioner should look at creating a second access through the disturbed wetland. 13 • • • Mr. Hamzy said that if lots are going to be removed, then the extra land should be used to better connect the school preserve area with the Central Boulevard preserve area. Mr. Perry asked if the Commission can consider the whole development package at the next workshop meeting so the petitioner can get to a Public Hearing. Chairman Ornstein said they would consider the whole package at the next workshop meeting. NEW BUSINESS Chairman Ornstein asked the Commission to review a handout which described who would be in charge of reviewing and approving minor amendments to development plans. ELECTION OF OFFICERS Mr. Sabatello made a motion to election Jeffrey Ornstein as chairman and Joseph Hamzy as vice chairman. Mr. Alan Strassler seconded the motion. The motion was approved by a 7 -0 vote. ADJOURNMENT There being nothing further to come before the Commission, the meeting was adjourned at 11:22 P.M. 14 • • �I (Absent) Phillip Lyddon R Marty R.A. �Iin r, Secretary 15 (o Carl Sabatello Domenick