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HomeMy WebLinkAboutMinutes P&Z 041492CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION APRIL, 14, 1992 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: Jeffrey Ornstein, Chairman; Mike Rosen, Vice Chairman; Domenick Lioce, Alan Strassler, Joseph Hamzy, James Leatherman, Members; Dan Shalloway and Diane Carlino, Alternate Members. Carl Sabatello was not in attendance. Chairman Ornstein officially welcomed new Alternate Commission Member Diane •- Carlino. ITEMS BY PLANNING AND ZONING DIRECTOR Rich Walton, Director of Planning and Zoning, stated at the City Council meeting of April 2, 1992, the County presented the three plans for the North County Government Center (copies of which were handed out to all Planning and Zoning Commission Members). The City Council accepted Option 1, which illustrated the Planning and Zoning Commission's preference. The issue of connecting the Library to the rest of the Master Plan has not yet been resolved. The City Council stated they would add a condition of approval to the Library PUD that states when they get to Phase II or when they start building the rest of the Master Plan, it will be readdressed then. ELECTION OF OFFICERS G 1 Mr. Hamzy made a motion to continue with the present chairman and vice chairman. Mr. Leatherman seconded the motion. The motion carried unanimously. APPROVAL OF MINUTES OF MARCH 24, 1992 Mr. Strassler made a correction to the Minutes of the Meeting of March 24, 1992 on page 6, the date of the next meeting should be changed from December 10, 1991 to April 14, 1992. Mr. Strassler made a motion to approve the Minutes of the Meeting of March 24, 1992 with the above -noted correction. Mr. Lioce seconded the motion. The motion carried unanimously, with Mr. Hamzy abstaining. SITE PLAN AND APPEARANCE REVIEW SP -92 -01 - Recommendation to City Council re: (Tropical Sands Church) Site Plan Approval for a 5,600 square -foot expansion to the existing 6,678 square -foot Tropical Sands Christian Church for educational and social function facilities. Located at the southeast corner of Burns Road and Allamanda Drive. (8- 42S -43E) •. Chairman Ornstein stated that a representative from Tropical Sands Church arrived prior to the Commission meeting and requested the Site Plan and Appearance Review Meeting be postponed. The Petitioner said they would submit a letter to staff tomorrow formally requesting a postponement. PLANNING AND ZONING COMMISSION PUBLIC HEARING: PUD -92 -01 - Recommendation to City Council re: (Toys 'R' Us) Amending the existing Garden Walk (Sigma) Planned Unit Development (Ordinance 50, 1988) to allow for a 45,378 square -foot Toys 'R' Us store on a 4.5 -acre site. Located south of PGA Boulevard and approximately 500 feet east of Fairchild Gardens Avenue. (6- 42S -43E) Mr. Bristol Ellington, City Planner, gave a presentation of the April 9, 1992 staff report. He stated two issues have been raised since the staff report was prepared. The first • issue deals with legal positive outfall. The drainage statement prepared by the 2 Petitioner's engineer indicated that the legal outfall would be provided by a recorded • easement along he south property line of Gardens Plaza PUD connecting to the storm g P P Y g sewer system on Fairchild Gardens Avenue. In fact, that easement has never been recorded. The Petitioner was required to revise their drainage statement to provide for drainage on the site. They revised the statement to show they are obtaining a drainage easement across Gardens Plaza property or constructing a bleed down drainage system which will discharge to PGA Boulevard drainage system. Because they have a 55 -foot landscape buffer strip along PGA Boulevard, David Getz has recommended that the 55- foot landscape buffer area not be used for on -site retention in order to preserve the health of the vegetation. This should be added as a condition of approval. David Getz has indicated the drainage statement that the Petitioner has submitted is what is needed at this point in order to approve the plan. It is at the point where construction plans •. are submitted to the Building Department for a building permit that final drainage plans must be provided. Consequently, if this has not been resolved, a building permit will not be issued. The Commission expressed concern that the site plan may change as a result of resolving this drainage problem. Mr. Ellington stated at this stage the only thing staff required is that the Petitioner indicate they will provide legal positive outfall and comply with criteria of South Florida Water Management District. At the point where they prepare construction plans is when they have to provide a final drainage plan. If the site plan does change at all, the Petitioner will have to come back before the Planning and Zoning Commission. Regarding the second issue, Mr. Ellington explained the 15 -foot utility easement running along the south side of the property is the subject of a potential conflict between the • existing sewer facility and the proposed location of the building. Seacoast Utilities has 3 requested that the Petitioner relocate the proposed building in order to stay off of the easement on the south property line. Mr. Ray Royce, agent for the Petitioner, introduced Mr. Rocky Biboe from Kimley- Horn and Associates. Mr. Biboe stated he submitted drainage calculations to City Engineer David Getz today and Mr. Getz does not have a problem with them. In response to the Commission's suggestion to move the proposed building to accommodate the landscaping and an easement, the Petitioner stated they have examined that issue and are not willing to move the building. Mr. Bill Waddell, Landscape Architect for the Petitioner, presented the Commission with some alternative vegetation for the south part of the property, particularly the palm trees along the south building elevation, in an effort to alleviate the possibility of root encroachment into the sewer pipes. The Commission stated the proposed vegetation may • not pose a root problem. The Commission left it up to the Petitioner to resolve the problem with Seacoast Utilities. Mr. Rosen suggested offering Seacoast Utilities different types of piping that can be used in that easement. The Commission is satisfied with the landscape plan along the south property line and requested the Petitioner work with Seacoast Utilities to resolve the easement problem along the south property line. If any changes occur to the site plan resulting from the easement or drainage problems, the Petitioner is required to return before the Planning and Zoning Commission. The Commission stated they prefer the building sign be a single color of Orange, including Geoffrey the Giraffe. In addition, the Giraffe shall be reduced in size to be the same size as the letters in the wall sign. The colored tile bands shall be revised as • one color. The Commission stated either terra cotta or the same, Orange color as the 4 wall sign would be appropriate. The Commission requested the roof tile be a single „ color of antique , barrel tile. The Commission directed the Petitioner to return with a revised site plan showing the location of cart corrals strategically placed throughout the parking lot. The corrals shall be located in proposed parking spaces and shall not eliminate any landscaped areas. The cart corrals shall be landscaped or architecturally screened. Chairman Ornstein opened the Public Hearing and postponed it until the Planning and Zoning Commission Meeting of April 28, 1992. PUBLIC HEARING: PUD -92 -03 - Recommendation to City Council re: (Garden Walk) Amending the Garden Walk (Sigma) Planned Unit Development, created by Ordinance 50, 1988, for a one -year time extension for the development of a retail shopping center totalling 53,200 square feet of total leasable floor area. Located south of PGA Boulevard and approximately 500 feet east of Fairchild Gardens Avenue. (6- 42S -43E) Chairman Ornstein opened the Public Hearing and postponed it until the next meeting • of April 28, 1992. PREAPPLICATION REVIEW: PUD -92 -02 - Recommendation to City Council re: ( Anspach Effort PUD) Allowing for the renovation and expansion of an existing building within the NorthCorp Center Planned Community Development for an ultimate build - out of 75,000 square feet. Located east of Interstate 95 and south and west of NorthCorp Parkway. (7- 42S -43E) Mr. Lioce stated he has a conflict of interest with this project in that he represents the landowner owning the NorthCorp project. While they do not have a direct interest in the property being petitioned, the owner of the remaining NorthCorp property objects to the application. Mr. Ellington gave a presentation of the April 9, 1992 staff report. Ms. Young Song, agent for the Petitioner, addressed the Commission stating the Anspach Effort is a facility for the manufacture of medical equipment. • Mr. Ornstein asked what presently exists on the site for parking. Ms. Song stated there 5 • • • is no parking currently on site. There is only driveway. A discussion ensued regarding parking on site. Ms. Elaine Beers, with Anspach Effort, stated they have a contract to use the parking lot east of their site for a two -year period or until such time as they build their own parking lot. The Commission expressed concern with the ultimate build -out of approximately 75,0000 on 4 acres of land. Chairman Ornstein asked how the Petitioner came up with the parking ratio. Ms. Song replied they used calculations for light manufacturing. Chairman Ornstein expressed concern that the number of parking spaces proposed may not be adequate for the number of employees that potentially may work there. Ms. Song stated for this particular facility, there will be a lower number of employees than what is allowed for a light industrial facility. The Commission raised the concern that if the property was sold, the new owner may have a larger number of employees. Chairman Ornstein expressed concern that the Petitioner is relying on the use of the parking lot to the east of the site and the possibility that it could be sold. Mr. Shalloway stated the Petitioner needs to see if the 35' drainage easement will be required to be excavated. Mr. Shalloway recalled each lot is required to provide a certain amount of retention by excavating out areas. Chairman Ornstein asked staff if all of the infrastructure for this project is in. Mr. Walton replied it is not all in and will be required before building permits are pulled. Mr. Hamzy stated he would like to see the proposed parking off -site on the site plan. In addition, Mr. Hamzy reminded the Petitioner this parking will need landscaping and will need to be treated as if it was brand new parking. The Commission expressed concern with the appearance of this site from 1 -95. Mr. R • Hamzy stated the Petitioner should keep in mind they either need to have sufficient parapet height or sufficient screening for equipment on top of the roof. Mr. Domenick Lioce addressed the Commission, stating he is the attorney representing CTB Realty VI, Inc. which is the present owner of the NorthCorp project as has been approved by this Board and the City Council. Mr. Lioce stated he has been instructed by his client to inform the Commission that the letter that was submitted on behalf of his client approving the project and recommending it move forward is hereby retracted. The City will be receiving another letter this week strongly recommending denial of the project. Mr. Lioce stated the NorthCorp owner has given a two -year agreement to park on Lot 7, but that two -year agreement is also cancellable if they were to sell the property. The NorthCorp owner is now engaged in negotiations to sell the property and if they enter into a contract they will terminate the lease according to it's terms. Mr. • Lioce stated the owner was told when they went in for this site plan change, the Petitioner would provide for the parking on their own site. Mr. Lioce stated this petition of 75,000 square feet of Industrial space requires 500+ traffic trips. Those traffic trips utilize existing grandfathered trips for this 25,000 square feet, according to the Petitioner's engineer, of 200+ traffic trips. In essence, they are trying to obtain approximately 350 or 370 trips of the NorthCorp owner's trips without their permission. The Commission directed the Petitioner to reevaluate the square footage for this site in relation to on -site parking. Roof - mounted equipment for existing and proposed buildings shall be screened from all roadways. If off -site parking is used, it must be brought up to code compliance, including landscaping, striping and lighting. The majority of the Commission preferred providing on -site parking with phase one. The Commission • directed the Petitioner to work out the issues of traffic trip allocation, parking, and 7 • conditions of the PCD Ordinance with the NorthCorp owners before returning. NEW BUSINESS The Commission expressed concern with the appearance of the Surgicenter on Burns Road, stating it was not built in accordance with the approved plans. Mr. Lioce made a motion to pass a resolution instructing Palm Beach Gardens Planning and Zoning staff to write a memorandum to both Code Enforcement and to the Building Department that the building that is going up in its present condition is in violation of the PUD ordinance that was passed by the City Council. Whatever enforcement procedures they have to take should be followed to that Ordinance. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 10:00 P.M. The next meeting of the Planning and Zoning Commission is GISELE FOSTER, Secretary JAMES LEATHERMAN DIANE CARLINO