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HomeMy WebLinkAboutMinutes P&Z 101293• CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION OCTOBER 12, 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, Alan Strassler, Phillip Lyddon, Dan Honig, and Diane Carlino Members; and William Mignogna, Alternate Member. Carl Sabatello, Member, was absent. APPROVAL OF THE MINUTES FOR THE SEPTEMBER 14,1993 AND SEPTEMBER 23, • 1993 COMMISSION MEETINGS Mr. Hamzy made a motion to approve the minutes of the September 14, 1993 Planning and Zoning Commission meeting. Ms. Carlino seconded the motion. The motion was approved by a 5 -0 vote, with ;Mr. Strassler and Mr. Lyddon abstaining. Mr. Hamzy made a motion to approve the minutes of the September 28, 1993 Planning and Zoning Commission meeting. Ms. Carlino seconded the motion. The motion was approved by a 7 -0 vote. SITE PLAN AND APPEARANCE REVIEW RECOMMENDATION TO CITY COUNCIL: Petition SP- 93 -07, by Dan DiPersico, agent 0 1 for North American Acquisition, for site plan approval to install five parking space awnings • over twenty -five parking spaces at the Harbor Shops retail center. Located at the northeast corner of PGA Boulevard and Prosperity Farms Road. (5- 42S -43E) Bristol S. Ellington, City Planner, reviewed the October 7, 1993 staff report on the above- referenced petition. Mr. Ellington stated that the Harbour Shops shopping center has six less spaces than what was approved. Lawrence Smith, representing the petitioner, introduced himself and said he would answer any questions. Chairman Ornstein asked where the six missing parking spaces were. Mark Berry, vice president of North American Acquisition, said parking spaces were lost when the parking lot was realigned to relieve a traffic bottleneck. Mr. Honig said he sees no problem with reserved parking within the center's lot. • Mr. Hamzy said he was disappointed with the change in color of the awning from green to beige. He said there is a possibility that the awning could become an eyesore. Ms. Carlino agreed. Mr. Strassler said he liked the original green color. Mr. Honig made a motion to recommend approval to City Council of the above - referenced petition with the following condition: No landscaping within the parking lot buffer strips shall be removed for the installation of the awning structures. Ms. Carlino seconded the motion. Mr. Strassler offered an amendment that the awning be a green color. Mr. Honig accepted the amendment. 0 2 • The motion, as amended, was approved by a 7 -0. PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL: 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 October 7, 1993 staff report for the above- referenced project. He said City Engineer David Getz said that staff condition #2 in the staff report has been completed and can be deleted from the list of conditions. Rich Walton, Planning and Zoning Director, and Mr. Ellington presented to the Commission a slide show showing the subject site and its buffer from the east. is Mr. Walton said staff has a concern, but did not provide a condition, about additional landscaping along Fairchild Avenue. Ronald Kolins, agent the for the petitioner, said the petitioner is able to agree with all the conditions. However, he added that he would like staff condition #10 revised to allow for temporary use of a mobile units. He said he would like condition # 10 to read, "There shall be no permanent mobile facilities associated with any of the approved uses on the subject site." Chairman Ornstein said he had a problem with mobile facilities on the site. Mr. Honig said mobile facilities are temporary by definition. He said the facilities are unsightly and take up parking spaces. Mr. Honig said he agreed with the ban on the mobile facilities. 0 3 • c: • Chairman Ornstein asked what landscaping was added along Fairchild Avenue. Jeff Blakely, landscape architect for the petitioner, said additional landscaping was added along Fairchild Avenue across from the entrance to the mall access road. Mr. Blakely reviewed the landscape revisions for the Commission. Mr. Strassler said the landscaping should provide a screen across from the mall access road entrance. Ms. Carlino made a motion to recommend approval to City Council of the above - referenced petition with the following conditions: 1. The use of groundwater (wells) for irrigation is to be a temporary source, with water quality monitoring, until an area distribution plan can be developed by NPBCWCD to provide surface water sources (lakes) for irrigation. 2. The construction of Southwest Drive to the project's entrance and the north /south access drive shall be completed, landscaped, irrigated and open to the public prior to the issuance of the Certificate of Occupancy. 3. 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 153.50 (Tree Protection) paragraphs B,C, and D shall also be enforced during construction. 4. All tree protection and landscape work shall be performed using current professional 4 landscaping standards. The Landscape Architect of Record shall monitor all tree 0 protection efforts, and 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 ant modifications to the approved landscape plan. 5. All trees or plants designed for preservation 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 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. 6. 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 Planning and Zoning Commission and /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. 7. The irrigation and maintenance of Southwest Drive and the north /south access drive shall be the responsibility of the developer of this project or by an property owner's association for the Regional Center DRI. Wi 8. All vehicles parked in the southwest and southeast parking areas shall be 100% 0 screened within 5 feet above ground anywhere along the PGA Boulevard Right -of- Way. 9. There shall be no mobile facilities associated with any of the approved uses on the subject site. The motion was approved by a 7 -0 vote. RECOMMENDATION TO CITY COUNCIL: Petition PUD- 93 -10, by Stephen Mathison, agent for Gardens East Plaza, LTD., to reinstate the expired Promenade Shopping Center Planned Unit Development. The Promenade shopping center is located east of Alternate A -1 -A and north of Lighthouse Drive. (18- 42S -43E) Mr. Ellington, City Planner, reviewed the October 7, 1993 staff report for the above- referenced petition. Chairman Ornstein said the City has not been granting three -year time extensions. • Mr. Ellington said that City Engineer David Getz has recommended that the southeastern entrance to Outparcel #7 be removed. Chairman Ornstein recommended that drive aisle along the southern inside rim of the shopping center be closed. Mr. Ellington said he would like Mr. Getz to review the proposed closure. Mr. Ellington said staff is requesting that the building footprints in the outparcels be replaced on the revised master plan. Chairman Ornstein said the footprints should be added back onto the master plan. Stephen Mathison, agent for the petitioner, said the information will be placed back on the plan. He added that he would like to modify the time restriction found in staff condition #1 for the installation of the landscaping. Mr. Mathison suggested that staff condition #1 0 • read, "Prior to the next C.O., the irrigation and landscaping shall be installed within the Alternate AlA medians. In addition, within one year from approval of this amendment, all recommendations proposed by Mr. Blakely in the September 23, 1993 landscape plan, and cover letter with attachments shall be accomplished." Mr. Mathison said staff condition #3 should be revised to reflect the proposed change in timing. Chairman Ornstein said he had problems with the proposed modifications as there is nothing to enforce the landscaping installation at the end of a year. Mr. Mathison said condition #2 was not part of the original PUD approval for this project. Mr. Walton said this condition was part of the Gardens East PCD approval. Mr. Mathison said he will check the records for a past condition of approval for the maintenance of the median landscaping. • Mr. Honig said staff condition #2 is a reasonable request as it will improve the appearance and value of the petitioner's property. 11 Mr. Walton said this is a common condition and it is a condition for the project to the north of the subject site. Chairman Ornstein suggested the closure of the drive aisle along the southern inside rim of the shopping center. Mr. Mathison said he will have a traffic engineer review the proposal. At the request of the Commission, Jeff Blakely, landscape architect for the project, reviewed the landscape plan for the project. Mr. Mathison said the outstanding issues for this petition are: the maintenance of the Alternate AlA median, the closure of the drive aisle along the southern inside rim of the %I • shopping center, and the timing of the landscape installation. RECOMMENDATION TO CITY COUNCIL: Petition PUD- 93 -06, by Paul Gershen, agent for Gardens East Plaza, Ltd., representing K.R. Chicken Associates, for Planned Unit Development site plan approval to construct a 3,530 square foot restaurant (Kenny Rogers Roasters restaurant) in an outparcel of the Gardens East (The Promenade) Shopping Center. Located east of Alternate A -1 -A and north of Lighthouse Drive. (18- 42S -43E) Chairman Ornstein said that the Commission can not recommend approval of this petition because the Commission has yet to make a recommendation to City Council on the Gardens East Plaza petition. Mr. Ellington, City Planner, reviewed the October 7, 1993 staff report for the above- referenced petition. Chairman Ornstein said the ground sign should be setback 15 feet from the property line. The Commission agreed. • Mr. Ellington said there was some confusion on an acceptable location of the dumpster. Stephen Mathison, attorney for the petitioner, said he will relocate the dumpster to the location recommended by Dick Beck of Waste Management. Chairman Ornstein said the roof parapet is still ugly and it is more prominent. Mr. Honig said the parapet "looks silly" and are not needed because it does not contain signage. Paul Gershen, agent for the petitioner, said that signage is going on the front parapet and the parapets are part of the building entrance and drive -thru features. Chairman Ornstein said that this project will not receive approval with the parapets as currently depicted. He said the building should be redesigned. Mr. Honig suggested dormers instead of parapets. • 8 • Mr. Mathison said some consideration should be given to the franchisee. Mr. Strassler said the building was not well proportioned and needs to be redesigned. WORKSHOP MEETING: Petition PUD- 93 -11' by George Morgan, agent for Gardens East Plaza, Ltd., representing Florida Property Investment Partners, Inc., for Planned Unit Development site plan approval to construct a 8,000 square foot retail building (Blockbuster Video) in an outparcel of the Gardens East (The Promenade) Shopping Center. Located east of Alternate A -1 -A and north of Lighthouse Drive. (18- 42S -43E) Mr. Ellington, City Planner, reviewed the October 7, 1993 staff report on the above- referenced petition. He said City Engineer David Getz recommends that the southeast entrance to the site be closed. John Stamm, representing the petitioner, said he was available to answer any questions from the Commission. Chairman Ornstein said he did not like the proposed flags. He added that he did not like • the "ripped ticket" sign and the lighted awning. He suggested removing some parking spaces to the number required by code and adding more landscaping. Chairman Ornstein questioned why there was a 5 -foot southern buffer when an 8 -foot buffer is required. Jeff Blakely, landscape architect for the petitioner, said the existing 5 -foot buffer has a nice ficus hedge. Chairman Ornstein suggested that two parking spaces be eliminated to the west of the existing ficus tree in order to allow more space for the tree. Mr. Stamm said the southeast corner entrance to the site is critical for the tenant because he believes most traffic into the site will come the from shopping center access road, which is located east of the subject site. Chairman Ornstein said there is a lot of problems at the intersection at the southeast corner of the subject site. Mr. Honig said he concurs with Chairman Ornstein's comments on the project signage. He • 9 • said he is not sure that the lighted awnings are so awful. Mr. Stamm said the petitioner views the awning as a little more important than some of the other signage. Mr. Honig said he likes for the American flag, but not the corporate flag, to be flown on the site. He agreed that the landscaping can be increased by decreasing the number of parking spaces. Mr. Stamm said he would re- investigate the parking on the site. Mr. Hamzy said he agrees with the previous signage comments. He added that he does not like the blue awnings. Ms. Carlino said she does not have a big concern with the signage, but she does not like the awmngs. Mr. Strassler said it would be a mistake to allow a blue awning on this building. He said is the dumpster location should be investigated. He added that the building facade needs to be redesigned. 0 Chairman Ornstein suggested redesigning the site to create more parking in front of the building. Mr. Ellington asked the Commission for clear direction on some of the items discussed above. The Commission indicated that the southeast corner entrance should be closed, the awning should be removed and no corporate flags should be flown. WORKSHOP MEETING: Petition PUD- 93 -09, by Donaldson Hearing, agent for CTB Realty Ventures XVI, Inc., representing Palm Beach Community Church, XVI, Trustee, for Planned Unit Development approval for the construction of a 71,900 square foot church facility. Located on Lots 8, 9 & 12 of South Park Center Plat in the Northcorp Planned Community District. (1,12- 42S -42E & 196- 42S -43E) Mr. Ellington, City Planner, reviewed the October 7, 1993 staff report for the above- 10 • referenced petition. Chairman Ornstein said that the Commission would only discuss the parking at this meeting. He said he thought the Commission directed the petitioner to remove the parking spaces in the PCD landscape buffer. Chairman Ornstein said that the staff and Commission's concern is that if the church use ceases to exist, then the parking on Lot 8 would be lost. City Attorney George Baldwin said he reviewed the parking agreement for the site and made the following recommendations: the parking agreement should run with the land and not the church use; a parking easement should be made part of the public record; any relocation of parking spaces should be made after the consent of the City; and, the terms of the parking agreement can not be changed without the consent of the City. Mr. Honig suggested that Section 5 of the parking agreement should refer to the number • of cars and not the number of people. Donaldson Hearing, agent for the petitioner, introduced Domenick Lioce, attorney for the land owner. Mr. Hearing said the parking agreement addresses the concerns of the Commission. Mr. Lioce said he has no problem with the recommendation of not terminating the parking agreement without the consent of the City. Mr. Walton asked if Mr. Lioce would place a deed restriction on the restriction of use. Mr. Lioce said there will be several deed restrictions on this property. Chairman Ornstein asked if there will be a deed restriction for a church use only for this site. Mr. Lioce said there will be. Mr. Lioce added there is a deed restriction on the number of traffic trips. • 11 • Mr. Honig said the petitioner is a unique church. He said if this church fails, then no other church will be able to use this building. He said he was concerned that the building would go unused and become an eyesore. Mr. Lioce said that argument could be made for any other use. Chairman Ornstein said he did not like the time limits within the parking agreement. Pastor Raymond Underwood said that churches are not full during business hours. Mr. Hamzy said he was concerned because other auditoriums have business hour uses such as matinees. Mr. Honig said the church facility may attract convention business which would be used during business hours. He added that since this daytime use is prohibited, it places an economic strain on the church. • Ms. Carlino asked whether the church has considered downsizing to allow for more required parking on the church property. Pastor Underwood said they have downsized as far as they is could go. Commission Ornstein said there is too much building for the site. Pastor Underwood said he did not understand why the Commission wanted the church to build more parking spaces when existing parking spaces are available. Chairman Ornstein said the church needs to, at least, provide a majority of the require parking on the land it owns. He said the church does not come close in providing enough parking on the land they own. Mr. Hearing said the Commission is trying to run the church's business. Mr. Strassler said he is in favor of promoting grass parking. He said he would favor the 12 • petitioner purchasing another site for grass parking. Mr. Lyddon said he is willing to go along with shared parking for excess parking requirements. He said there should be more parking on site. Mr. Mignogna said he agrees with the Commission's comments. Chairman Ornstein said he do not know where this project is going unless the parking problem is resolved. The Commission indicated that 75 percent of the required parking should be located on property owned and controlled by the church. Mr. Honig suggested that the church either, reduce its size or purchase more land for parking. Mr. Hearing said they will take the next two weeks to try to resolve the problems. If the • problem can not be resolved, then they will come back and seek a recommendation from the Commission. ADJOURNMENT There being no other business to appear before the Commission, the meeting was adjourned at 10:28 p.m. U] 13 (�' "I ( 4 Alan Strassler William Mignogna Marty fVA. Minor, Secretary is 14 Diane Carlino