HomeMy WebLinkAboutMinutes P&Z 092893CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
SEPTEMBER 28, 1993 MEETING
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, Carl Sabatello, Domenicic Lioce Alan Strassler, Phillip Lyddon,
Not (�YcSar. -r_
Dan Honig, and Diane Carlino Members; and Bill Mignogna, Alternate Member.
SITE PLAN AND APPEARANCE REVIEW COMMITTEE
• FINAL APPROVAL: Petition SP- 93 -04, a petition by David J. Felton of Corporate Property
Services, Inc., agent for the Shell Oil Company, to amend the approved elevations to change
the signage and building colors of the existing BP Oil service station. Located at the
northeast corner of PGA Boulevard and Military Trail.
Bristol S. Ellington, City Planner, reviewed the September 23, 1993 staff report for the
above - referenced petition. He said staff's condition for approval is for the landscaping to
be installed prior to the installation of the signage.
David Felton, agent for the petitioner, reviewed the project and said that Shell will try to
get close to what is called for by the approved landscape plan. He added that Shell would
like to erect its signs as soon as possible.
Chairman Ornstein asked City Forester Mark Hendrickson how close could Shell come to
matching the approved landscape plan. Mr. Hendrickson reviewed the limitations of the
site.
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• Chairman Ornstein said he does not believe this petition should move forward because the
landscaping issue has not been fully resolved. He said that the colors on the building have
already been changed.
Mr. Felton said that not all the colors have been changed.
Mr. Hamzy said he did not see where this petition has changed from the August 10, 1993
Site Plan and Appearance Review Committee meeting. He said the site plan has never
been revised per the Committee's request.
Mr. Strassler asked what colors need to be added to the building. Mr. Felton said the
yellow strips needed to be added to the building.
Mr. Sabatello said the question may be that there is too much building for this site.
Mr. Honig said he would like to see landscaping plans and landscape renderings of the site.
• The Committee indicated that the service station was located at an important intersection
of the City and the Committee has an interest in improving its aesthetics.
Chairman Ornstein asked for a motion to table the petition until additional information is
received.
Mr. Sabatello made a motion to table this petition until the requested information is
submitted.
Mr. Hamzy seconded the motion.
The motion was approved by a 7 -0 vote.
FINAL APPROVAL: Petition SP- 93 -05, a petition by David J. Felton of Corporate Property
Services, Inc., agent for the Shell Oil Company, to amend the approved elevations to change
the signage and building colors of the existing BP Oil service station. Located at the
southeast corner of Northlake Boulevard and Interstate 95.
Mr. Ellington, City Planner, reviewed the September 23, 1993 staff report on the above-
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referenced petition.
• David Felton, agent for the petition, said that this site will have to require a landscape
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variance when the site later comes back for landscaping approval.
Ms. Carlino made a motion to approve this petition with the following condition:
1. The petitioner shall return within two years from the adoption of the
Landscape Code in order to comply with the non - conformity section of the
code.
Mr. Strassler seconded the motion.
Mr. Hamzy asked if there could be a 9.5 foot or 10 -foot setback for the first pump so more
landscaping can be accommodated. Mr. Felton said that company safety standards require
a pass lane for each pump.
• Chairman Ornstein asked if the company had thought about placing the gas pumps in the
rear of the site. Mr. Felton said that whole site will have to be rebuilt in the near future
and the site layout will be different.
The motion was approved by a 7 -0 vote.
RECOMMENDATION TO CITY COUNCIL: Petition SP- 93 -07, by Dan DiPersico, agent
for North American Acquisition, for site plan approval to install five parking space awnings
over twenty -five parking spaces at the Harbor Shop retail center. Located at the northeast
corner of PGA Boulevard and Prosperity Farms Road. (5- 42S -43E)
Mr. Ellington, City Planner, reviewed the September 23, 1993 staff report for above-
referenced petition.
Chairman Ornstein asked if staff looked at the required parking for the site and the amount
of parking provided. Mr. Ellington said staff did not.
Mr. Dan DiPersico, agent for the petitioner, asked if there were any questions.
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• Chairman Ornstein asked the petitioner why he wanted to do this. Mr. DiPersico said he
does not represent the land owner, but the manufacturer of the awning. He said the owner
is planning to change the shopping center from retail sales to an office complex.
He said the parking spaces under the canopy will be leased.
Chairman Ornstein said he has a problem with the request unless there are 25 excess
parking spaces on site. He suggested that this petition be postponed until the land owner
can be present to answer the Committee's questions about the center's change of use.
Mr. Honig said staff should come back with parking calculations for office and commercial
uses at the center.
Mr. Sabatello made a motion to table this petition until the requested information is
submitted.
• Mr. Honig seconded the motion.
Mr. Strassler asked if the shiny side of the canopy will be out or in. Mr. DiPersico said the
canopy's shiny side will be in.
The motion was approved by a 7 -0 vote.
PLANNING AND ZONING COMMISSION
PUBLIC HEARING: 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 1.85 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)
Mr. Ellington, City Planner, reviewed the September 23, 1993 staff report for the above-
referenced petition. Mr. Ellington presented a revised set of conditions approval, which was
worked out with the petitioner, to the Commission.
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Mr. Walton said that the new proposed conditions are substantially different than the
• conditions found in the staff report.
In response to a question from Chairman Ornstein, Mr. Ellington said staff agrees with the
revised conditions of approval except that condition #5 should be replaced with condition
#7 in the staff report.
Mr. Walton provided a history of the changes of the conditions of approval. He said he was
satisfied with the conditions, except for new condition #11.
Mr. James Schnelle, City Environmental Consultant, said he has additional language for
condition #11 which has been agreed to by the petitioner. The additional language has
been included in the condition #11 listed below.
Chairman Ornstein asked if the 80 trees proposed to be relocated are in addition to the
• landscape plan for the Shady Lakes buffer. Mr. Schnelle said it would be in addition. He
said the trees would be relocated in the 117th Street buffer, the recreation area and the
disturbed wetland area before relocation in the Shady Lakes buffer.
Mr. Ellington reviewed the revised conditions of approval.
Mr. Sabatello questioned condition #4 and whether the City was placing itself in a difficult
situation in the future. He said he is concerned that the City will have to referee the cost
of installing and maintaining the median landscaping.
Mr. Martin Perry, agent for the petitioner, said the condition is similar to a developer
placing an oversized water line for the future developments and later receiving payment
from the future development.
Mr. Honig suggested that only the maintenance costs be shared with future developments.
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• Mr. Domenick Lioce, attorney for the petitioner, agreed to limit condition #4 for only
sharing the cost of maintaining the median landscaping.
Mr. Perry said he would like to bring up the issue of sharing the median landscaping
installation costs with the City Council.
Mr. Ellington said new condition #S should be replace with staff's original condition #7.
Chairman Ornstein said he was upset that these conditions were not worked out two weeks
ago.
Mr. Ellington completed the review of the conditions of approval with the Commission.
Mr. Perry requested that condition #8 needs to be re- addressed because the recreational
fee is based on a higher number of dwelling units. He said that will be addressed at the
City Council.
. Chairman Ornstein opened the Public Hearing on the above- referenced petition.
Sherry Zurek of Shady Lakes asked Mr. Hendrickson to provide statistics available on the
survival rates of mature trees.
- Mr. Hendrickson said the trees need to be at least four inches in diameter.
Upon hearing no further comment from the public, Chairman Ornstein closed the Public
Hearing.
Mr. Sabatello asked what is the timeframe of the first phase and the installation of the
Shady Lakes buffer. He suggested that the buffer be installed prior to the issuance of the
Certificate of Occupancy for any house on lots 11 through 26.
Mr. Perry suggested that the buffer be installed after the issuance of the Certificate of
Occupancy for the model homes.
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Mr. Honig suggested that this condition be added to the revised existing condition #15.
• Mr. Hamzy said he was concerned with the conflict between retention pond along Central
Boulevard and the proposed City Parkway system.
Mr. Ellington said if the petitioner can not complete the Parkway system in this area, then
the project will have to come back to the City for review.
Mr. Hamzy said he would like to think the City was creating a pathway that will work.
Mr. Perry said the issue is being addressed with the County. He said he believes the issue
will be worked out in the near future.
Mr. Honig made a motion to recommend to City Council approval of this petition with the
following conditions:
1. The City Council shall approve the reconfiguration of the land designated as preserve
• area.
2. Revise the site plan to reflect the concept of the Parkway System along Central
Boulevard. The applicant and the City shall work with Palm Beach County to
finalize the ultimate cross- section. The revised Parkway System plans shall be
reviewed and signed -off by the Planning and Zoning Department prior to final
approval of construction drawings of commencement or land alteration, whichever
occurs first.
3. Prior to the completion of Phase I or the issuance of the 120th Certificate of
Occupancy and prior to the commencement of development of Phase II, the Parkway
System, including the median, shall be completed along the entire length of the
development on Central Boulevard. The Homeowner's Association (HOA), shall,
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as a part of its HOA Documents, dedicate the Parkway System as a public easement
and shall maintain same in perpetuity.
4. The HOA, as required by the HOA Documents, shall maintain the median along the
entire length of the development of Central Boulevard in perpetuity. The City shall
require, as a condition of approval of any new project located on the west side of
Central Boulevard from the project, that such new project shall bear its proportionate
share of the cost of the continued maintaining thereof.
5. In the event a Special Parkway District is formed by the City of Palm Beach
Gardens, or another entity, pertaining to Central Boulevard between PGA Boulevard
and Donald Ross Road, then the HOA shall automatically become a member of said
Parkway District. This condition shall also be made a part of the HOA documents.
• 6. A new gopher tortoise survey shall be conducted thirty (30) days prior to relocation
and /or to FGFWFC permitting. If the active burrows do not fall within the gopher
tortoise relocation and burrow preserve areas, and the FGFWFC will not permit the
relocation of tortoises on -site, the applicant shall reconfigure the site plan to
accommodate the variations in accordance with FGFWFC requirements. The
applicant shall also provide a written certification by a recognized environmental
professional that the gopher tortoise preserve areas configuration and location will
provide such habitat as required by the FGFWFC in the permitting process.
7. A right -turn lane at the project entrance along Central Boulevard shall be
constructed prior to issuance of the first Certificate of Occupancy.
8. The petitioner shall pay $175,000 in Recreational Impact fees prior to the issuance
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of the first building permit.
Trees that are not life threatened by construction, infrastructure or grade changes
shall be designated for preservation and shall be tagged. Prior to clearing of the
internal roads, the developer shall survey the roads and tag any trees of special
significance that can be saved by moving the road where feasible. After clearing the
internal roads, but prior to lot 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 City Forester
`prior to the issuance of any Building Department permit requiring land clearing.
Section 153.50 (Tree Protection) paragraphs B, C and D shall also be enforced
during construction.
To further the efforts of tree preservation, the developer shall take diligent effort to
preserve trees located in the rear ten feet (10') of lots abutting preservation areas or
common areas. All trees in the rear five feet (5') shall be preserved. Trees in the
next five feet (5') shall be preserved except in buildable areas (including pools,
screen enclosures and patios).
In addition to required preserve areas and protected species trees, all trees located
in common areas, tree relocation areas, and in the back ten feet (10') of each lot (the
"Tree Preservation Areas "), measuring more than four (4) inches in caliper or trunk
diameter, as measured four and one half (4.5) feet above existing grade, shall be
preserved outside of the buildable area, as determined by the City's zoning
regulations, and outside the required drainage retention area or areas of a proposed
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development. In order to accomplish this requirement:
• * The developer shall submit a site plan showing the location of proposed
improvements and other planned areas prior to a final approval of
construction drawings or commencement of land alteration, whichever occurs
first. The site plan shall illustrate any proposed grade changes which might
adversely affect or endanger any trees on said site and include specifications
on how to maintain the trees.
* A tree survey on the Tree Preservation Areas by a land surveyor and /or
environmental consultant shall be submitted. Should it be impractical for a
tree survey to be furnished by the property owner, aerial photography
performed by a company licensed to do such may be substituted and shall
• include the size and specimen of the trees shown. The tree survey or aerial
photography shall designate (a) all trees four (4) inches or over in trunk
diameter, measured four and one half (4.5) feet above grade and identified
as to trunk diameter and species; (b) all diseased trees and any trees
endangering any roadway and pavement or utility service lines; (c) any tree
to be removed; (d) all trees to be retained; (e) location of relocated trees in
relocation areas.
* The site plan and tree survey /aerial photography shall be in a format such
that they can be overlayed for review and comparison.
* A minimum of 80 trees shall be relocated in areas other than the Shady Lakes
buffer area. To the extent there is insufficient space in those areas, the excess
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may then be located in the Shady Lakes buffer area. Trees relocated to the
• Shady Lakes buffer shall have a minimum four (4) inch trunk diameter
measured at four and one -half (4.5) feet above grade. All other trees
relocated shall have a minimum three (3) inch trunk diameter measured four
and one half (4.5) feet above grade.
12. Subject to the approval of any agency having jurisdiction thereover, relocation shall
be conducted in the following areas by relocation of trees: northern buffer along
117th Court, recreation area, disturbed wetland within Parkway, Shady Lakes buffer.
13. All tree protection /relocation and landscape work shall be performed using current
professional landscaping standards. A tree spade of sufficient size shall be utilized
to relocate the trees and temporary irrigation shall be provided to ensure
• establishment of the vegetation. 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.
14. All trees designated for preservation that die during relocation, construction or
because of construction practices shall be replaced using the following schedule:
Except for Palms, 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 a
minimum ten (10) feet height. If the site can not support the total number of
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replacement trees as required above, City Council may permit the developer to
donate excess trees to the City for planting on public lands. Once the specific trees
to be relocated have been identified, the Petitioner may relocate more than the
required number of trees. The Petitioner shall not be required to replace any trees
that die until such time as the initial number of trees planned for relocation fall
below those identified.
15. Prior to the issuance of the Certificate of Occupancy on the first ten (10) houses, the
Landscape Architect of Record shall certify in writing to the City that the landscaping
has been completed per the approved landscape plans and the landscaping and
fencing of the fifty -foot (50') Shady Lakes buffer shall be completed. Thereafter, the
licensed general contractor of record may issue such a certificate for all of the
remainder of the houses built in the PUD. Any major changes to the approved
landscape plans shall be approved by the City Council, or, in the event that the City
Council authorizes same to be reviewed by the Planning and Zoning Commission.
Once the City has the certified letter from the Landscape Architect or the licensed
general contractor, 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.
16. All common area landscaping including preserve areas adjacent to any lot shall be
installed prior to the Certificate of Occupancy of said lot. The Landscape Architect
of Record shall inspect and certify that all such landscaping is in compliance with the
approved landscape plans.
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17. The project shall comply with Resolution 2, 1993, which requires, prior to the filing
• of the plat, the Petitioner shall post a bond for the installation of the infrastructure
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including the common and project landscaping /buffer, entry features and the
Parkway system.
18. The five -foot sidewalk within the development shall be constructed prior to the
issuance of the Certificate of Occupancy of the adjacent lot. The construction of the
entire sidewalk system shall be completed prior to the issuance of the final
Certificate of Occupancy.
19. If required by the regulatory agencies having jurisdiction thereover, if any, the
applicant shall flag and survey wetland areas to be impacted.
20. The applicant shall file environmental permit applications with all regulatory agencies
• having jurisdiction over the property and provide findings to the Planning and Zoning
Department for reference and review prior to approval of construction drawings or
commencement of land alteration, whichever occurs first.
21. The applicant shall take diligent care when filling in and around all trees to be
preserved on site, preservation areas and development areas to ensure the protection
of the root zone and canopy drip line area. No changes in pH and
topography /drainage may result in disturbance or destruction of the preserve area.
Protection of trees, preserve and buffer areas shall be monitored by applicant's
landscape architect and /or environmental consultant during land
alteration /construction activities.
22. The proposed preserve areas shall be micro -sited to ensure the protection of trees
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on site, listed plant and animal species,.and to ensure that the wetlands and uplands
• are preserved intact. Certification shall be required from the applicant's landscape
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architect and /or environmental consultant stating the highest quality of all listed
plant and animal species have been maintained in the preserve area within a
functional ecosystem. This certification shall be submitted prior to commencement
of land alteration /construction.
23. Preservation areas shall be platted as separate parcels of land, dedicated to the
HOA, with maintenance a responsibility in perpetuity of the HOA.
24. Native vegetation which cannot be transplanted on site is encouraged to be offered
for donation. The developer will offer plant rescue opportunities 60 days prior to
commencement of land alteration by written notice to the City (with the exception
• of internal roads).
25. The Homeowner's Documents shall include criteria which will regulate the
development standards such as prohibiting similar model and color packages from
locating next to one another or directly across from one another and establishing
setback criteria for temporary accessory structures.
26. The HOA Documents shall include a provision which prohibits the removal of
preserved trees and vegetation unless approval of the City Forester is obtai}led.
27. A native tree /preserve area management plan, consistent with Section 160.0 of the
Palm Beach Gardens Code of Ordinances, shall be incorporated into the
Homeowner's Documents prior to recording of each plat.
Ms. Carlino seconded the motion
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The motion was approved by a 7 -0 vote.
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Mr. Perry said he would provide a transcript of the meeting.
WORKSHOP: Petition PUD- 93 -07, by Ronald Kolins, representing Good Samaritan
Medical Pavilions, Inc., for Planned Unit Development and site plan approval for a 75,425
square -foot professional medical office building within the Regional Center Planned
Community District. This site is located at the northwest corner of PGA Boulevard and
Fairchild Gardens Avenue (6- 42S -43E)
Mr. Ellington, City Planner, reviewed the September 23, 1993 staff report on the above-
referenced petition.
Chairman Ornstein recommended the removal of the three parallel parking spaces.
Mr. Walton said he had just talked to City Engineer David Getz and Mr Getz indicated that
he could sign -off of the project. Mr. Walton said that Mr. Getz will have conditions of
approval at the next meeting.
In response to a question from Mr. Honig, Dan Catalfllmo, developer for the petitioner, said
• the building has been reduced by 12,000 square feet and the parking garage has been
reduced by 12,000 square feet.
Ronald Kolins, agent for the petitioner, reviewed the revised site plan. The parking at the
southeast and southwest corner of the site will be screened by a berm and landscaping, Mr.
Kolins said. He added that he would like to keep the three parallel parking spaces for staff
parking.
Mr. Sabatello asked if there will be signage for staff parking. Mr. Kolins said there will be.
Chairman Ornstein requested that the petitioner provide signage standards for the site.
Jeff Blakely, landscape architect for the project, reviewed the proposed berm on the south
side of the building.
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Chairman Ornstein and Mr. Sabatello suggested increased landscaping across from the mall
access road. Mr. Kolins agreed to place additional trees in this area.
Mr. Strassler asked what drainage system will be used for the site. Mr. Catalfumo said it
will be an exfiltration system.
Chairman Ornstein said the only issue that is outstanding is the conditions of approval.
Mr. Walton said staff needs to re- review the project in order to accumulate a list of
conditions of approval. He said the conditions could be prepared for the next meeting.
Mr. Kolins requested that the Commission move this petition forward because timing is
critical for the future of the project.
The Commission discussed approving this project and decided to wait until staff has the
opportunity to compile a list of conditions of approval.
• Mr. Honig suggested that the three parallel parking spaces be reduced to three spaces for
compact cars.
NEW BUSINESS
Mr. Honig recommended a rule that an officer of the development must attend Commission
meetings when their projects are being discussed. He said if an officer is present, then more
can be accomplished at the meeting.
Chairman Ornstein said staff should look into the suggestion.
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•
Alan Strassler
Diane Carlino
arty R.A. or, Secretary
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illiam Mignogna