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HomeMy WebLinkAboutMinutes P&Z 042892CITY OF PALM BEACH GARDENS i PLANNING AND ZONING COMMISSION APRIL 28, 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, Joseph Hamzy, Carl Sabatello, Members; Diane Carlino, Alternate Member. Alan Strassler and James Leatherman, Members, and Dan Shalloway, Alternate Member, were not in attendance. • APPROVAL OF MINUTES OF MEETING OF APRIL 14 1992 Mr. Domenick Lioce made a motion to approve the minutes of the April 14, 1992 Planning and Zoning Commission meeting. Mr. Mike Rosen seconded the motion. The motion was approved by a 5 -0 vote, with Mr. Carl Sabatello 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 education and social function facilities. Located at the southeast corner of Burns Road and Allamanda Drive. (8- 42S -43E) Ms. Kim Glas, City Planner, reviewed the April 23, 1992 staff report on the above- mentioned petition. She stated there are three issues concerning this petition that are outstanding. The issues are: the construction of sidewalks connecting the church with Burns • 1 Road and Allamanda Drive; the loss of a parking space because of the code - required 15- • foot landscape buffer; and, the protection of a 36" diameter oak tree on site. P P Chairman Ornstein asked if this petition would go before City Council. Ms. Glas stated that it would. Chairman Ornstein stated that he wanted this petition to return to the Site Plan and Appearance Review Committee if the plans are revised. Mr. Lioce asked when this project was originally approved. Ms. Glas said the construction plans were stamped in July 1978. Mr. Richard L. San Giovanni, agent for the petitioner, reviewed the project for the Commission. Mr. Lioce asked if Mr. San Giovanni could slide the eastern wing north in order to preserve the 36' diameter oak tree. Mr. San Giovanni said moving the eastern wing would prevent • the church from fully using the fellowship hall planned for the new construction. Chairman Ornstein asked if the tree can be relocated. Mr. Bob Bentz, landscape architect for the project, said the tree could be relocated but it would take from 5 to 6 months up to one year. Mr. San Giovanni stated that the petitioner is preserving another oak tree near the subject tree. The impact of the subject tree's removal will be minimal because of the location of the nearby oak tree. Chairman Ornstein said the City does not like to kill big, beautiful trees and that such trees should be redesigned around or relocated. Mr. San Giovanni said the City staff earlier said that they could replace the tree at a 3 to 1 ratio per lost caliper. Mr. Bentz of Land Design South reviewed the landscape plan for the Commission. He said there are few trees being added because of the number of existing trees on the site. 0 2 Chairman Ornstein asked if the landscape plan reflected the 3 for 1 caliper mitigation for • the loss of the 36" diameter tree. Mr. Bentz said the landscape plan reflects code requirements. The 3 to 1 mitigation plan is City policy and it is not reflected in the landscape plan because it would block the view of the church from the roadways, he added. Mr. Lioce stated that it is against City Code to cut down a large tree without the City's permission. Mr. Bentz said the petitioner is seeking the City's permission. Mr. Fred Stout, chairman of the church's Building Committee, stated that the diameter of the tree is not 36" but 31 ". Mr. Carl Sabatello asked if the architect could redesign the eastern wing to allow for the fellowship hall and the preservation of the tree. Mr. San Giovanni said that Mr. Sabatello's redesign would not work aesthetically. Mr. Stout said the church would prefer not to construct the sidewalks indicated on the approved plan because the sidewalks led to locked doors or to utility rooms. He said the City agreed, when the church was constructed; that the sidewalks were not needed. Mr. Stout said he did not believe the parking space along the northern boundary of the site should be removed because, if it was, people would just park in the grass where the space was located. Chairman Ornstein said the removal of the parking space helps bring this up to code requirements by providing the 15 -foot landscape buffer. Mr. Stout said the church has planted a number of trees on site in the past and have preserved the existing oaks on site. He said this could be considered as mitigation against replacing of the large oak tree. Mr. Lioce asked why can't the church wait until after the tree is relocated to start • 3 construction. Mr. Stout said the church is growing and the additional space is needed. Chairman Ornstein said the City and the Commission has an interest in preserving the tree and the church needs to make an effort to either relocate the tree or design around it. Mr. Stout replied that the church has tried to design around the tree without compromising the church's needs for the building. Mr. San Giovanni reviewed the architecture for the proposed additions. Ms. Diane Carlino said she would like the building's design altered to try to preserve the tree. Mr. Sabatello said he would like the building configuration changed to preserve the tree. He added that the sidewalks can be removed. Mr. Sabatello said that there should be a hedge between the playground fence and Allamanda Drive. Mr. Stout said that the Health Department may have regulations against a hedge adjacent to a playground fence. Mr. • Sabatello said the dumpster location should be surrounded by a hedge. The sod between the sidewalk and the roadways should be repaired and maintained properly, he added. Mr. Sabatello said that the irrigation system should be upgraded so all landscaping on site is irrigated. Mr. Mike Rosen said he has no problem with removing the sidewalks from the site plan. He said he would like the northern parking space removed in order to provide the required 15 -foot landscape buffer. Mr. Rosen said he would prefer a mitigation plan for the replacement of the tree. Mr. Joseph Hamzy said he believes the tree should be moved. He suggested that the church phase the construction to allow enough time for the tree to be relocated. By phasing the 0 4 construction, the education facility can be constructed by fall and the tree could be saved. Mr. Lioce said would like to see the building redesigned or the tree relocated. He added that if the tree dies during the move, then the tree should be replaced by the 3 to 1 mitigation. Mr. Lioce said the sidewalks should be installed and moved to a logical place. He added that he did not care where the sidewalks are located, as long as it connects to existing sidewalks on Burns Road and Allamanda Drive. Mr. Lioce said he agrees with Mr. Sabatello's comments concerning the installation of the hedges. Mr. Ornstein said he agrees with Mr. Lioce's comments concerning the preservation of the tree and the sidewalks. Mr. Sabatello said he 'agrees that the sidewalks should be installed in a logical place. Mr. San Giovanni said the church could design sidewalks that work. Mr. Bentz said he would like the Commission to move the petition forward to City Council • with the recommendation to relocate the tree. The Commission stated that they would like to see the revised site plan before they make a recommendation. The Commission directed the petitioner to return to the Commission in two weeks with revised plans. SP -92 -02 - Final Site Plan Approval for the installation of a 4 -foot high, 1 -meter satellite antenna to be mounted on the roof of the Chevron service station. Located at the northwest corner of Interstate 95 and Northlake Boulevard. (13- 42S -42E) Ms. Kimberly Glas reviewed the April 23, 1992 staff report on the above - referenced petition. Mr. Anthony Facciolo, agent for the petitioner, stated that the satellite antenna is needed because the station's computer system is being switched from a leased telephone line to a satellite system. 0 5 Chairman Ornstein said he had a problem with the request because if every gas station and • retail center made the switch to satellite communications, then there will be thousands of satellite dishes on rooftops. Mr. Lioce asked how big the dish is and how high it is? Mr. Facciolo said it is a one meter dish, which is just under five feet high. Mr. Facciolo then distributed pictures of similar satellite dish installations. Chairman Ornstein said the proposed dish can not be screened from Interstate 95. Mr. Facciolo said the dish could be screened from ground view, but it wouldn't work if it was screened from I -95. Mr. Lioce recommended that the petition provided some architectural relief to the screening so it doesn't look like a big gray box. He asked if the satellite dish could be moved to the west canopy of the store. Mr. Rosen asked if the screening could be metal to match the existing structure. Mr. Facciolo said it could. Mr. Hamzy asked if the satellite dish could be placed on the ground. Mr. Facciolo said placing the dish on the ground would require trenching through the asphalt. He said he prefers that the dish remain on the roof. Mr. Hamzy and Chairman Ornstein said it would be unacceptable for the antenna to be placed on the roof. The Committee directed staff to research any existing and proposed regulations concerning the placement of satellite dish antennas. The Committee also directed the petitioner to investigate placing the antenna on the ground with appropriate screening. The petitioner • 6 should return with the revised site plan identifying the new antenna location and the • screening materials. PLANNING AND ZONING 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) (Adv. 3/30/92) Ms. Kim Glas, City Planner, reviewed the April 23, 1992 staff report on the above- referenced petition. Chairman Ornstein asked if the petitioner had provided revised plans for the wall signage. He added that the building elevations with the signage does not include specifics. Chairman Ornstein said he was concerned that the giraffe logo is larger than the sign letters. He said • the petitioner had agreed to make the logo the same size of the letters. Mr. Raymond Royce, agent for the petitioner, said it is the petitioner's intention that the giraffe logo will match the height of the letters. Mr. Royce then reviewed the project. Mr. Lioce said he would like any amendments to the landscape and signage to come back before the Planning and Zoning Commission. Mayor Martino said the amendments must come before City Council because the project was .approved by a PUD ordinance. Staff and the Commission agreed that any minor amendment to the plan would then only go before City Council. Planning and Zoning Director Rich Walton said the submitted plans set the height for the wall sign at four feet. After a discussion on the architecture of the cart corrals within the project parking lot, a • Chairman Ornstein said the height of the corrals should be as high as the shopping carts. Mr. Sabatello suggested that curbs be placed for the cart corrals to prevent chipping. He also stated that the plans should indicate that the 18 -foot palms will be placed in front and along the east of the building. Mr. Sabatello suggested that the impatiens be replaced with seasonal flowers. Mr. Lioce said the orange color of the sign is ugly and that he prefers the multi -color sign the petitioner initially proposed. Mr. Sabatello concurred. Mr. Lioce said he would prefer a solid red or blue color other than the orange. Motion Mr. Hamzy made a motion to recommend approval of the above - referenced petition with the following conditions: • 1. The petitioner shall pay to the City of Palm Beach Gardens, Florida, the following impact fees: A. Recreation Building and Development Fund Account in the total sum of $11,970.00. One half of sum, $5,985.00 shall be due and payable at the time a building permit shall be issued. The balance of $5,985.00 shall be due and payable at the time of the issuance of any Certificate of Occupancy. B. The petitioner shall pay to the City at time of the first permit issued by the Building Department the sum of money as required and determined by the existing Palm Beach County Impact Fee Ordinance. The full sum of money shall be collected and remitted to the County in compliance with said Ordinance. • 8 • C. The Building Official shall determine the sums of money due to the City for impact fees for art in public places; and said monies shall be paid to the City at time of issuance of the first Building Permit. 2. No building permit shall be issued until the drainage and paving plans for development of the Planned Unit Development are approved by the City Engineer. All other building requirements of other governmental agencies with jurisdiction pertaining to the project shall be met and a copy thereof filed with the Building Official. 3. A performance bond, letter of credit, or escrow agreement shall be posted with the City of Palm Beach Gardens in requisite form approved by the City Manager in a • sum of money to be determined by the City Engineer for parking facilities and drainage improvements pertaining to said Planned Unit Development prior to the r issuance of a building permit. 4. Any minor amendment to the Landscape or Signage Plan approved herein shall be reviewed and approved by the City Council by subsequent Resolution. The intervention of 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 the adoption of such Resolution. 5. The petitioner shall provide, at its expense, all modifications to the lane configuration at the signalized intersection of PGA Boulevard and the project's entrance, including Lt • lane configuration southbound and signal operation, all prior to issuance of a Certificate of Occupancy. 6. The petitioner shall provide for a common entrance roadway at the signalized intersection of PGA Boulevard to be coordinated with DMV to the east as depicted on the approved Site Plan. The petitioner shall, furthermore, be responsible for removing the existing curbcut access to PGA Boulevard with such removal to be completed prior to the issuance of a Certificate of Occupancy. 7. All roof mounted mechanical equipment shall be screened and continue to be screened by a continuous parapet wall and/or other opaque architectural treatments. 8. The petitioner shall contribute $4,000.00 into the PGA Boulevard Landscape Median Improvement Fund prior to the issuing of the first building permit. These monies • shall be credited against monies spent on landscaping on the DMV property. 9. All protected trees that die during construction or because of construction practices shall be replaced using the following formula: For every caliper inch lost due to tree mortality, three new caliper inches shall be replaced. A minimum of a 3 inch tree shall be planted. 10. Prior to the issuance of the Certificate of Occupancy, the Landscape Architect of Record shall certify, in writing, to the City that the landscape has been completed per the approved landscape plans. Any changes to the approved landscape plans shall be approved by the City Council. Once the City has the certified letter from the Landscape Architect, the City Forester shall inspect the site for compliance prior to the Certificate of Occupancy. • 10 _ 11. Toys "R" Us shall provide customers with shopping bags to minimize the use of shopping carts. Signs shall be placed in the store requesting that customers keep the site attractive by placing shopping carts in the corrals after use. 12. The Store Manager shall designate a specific employee whose job it shall be to return all carts to the corrals and store regularly throughout the business day. 13. No shopping carts shall be left outside after the close of business each day. 14. The petitioner shall acquire legal positive outfall for stormwater prior to obtaining a Building Permit. 15. The wall sign and giraffe logo proposed shall be 4 feet in height and one color as submitted. 16. The proposed cart corrals shall be the same height as the shopping carts. The corrals should also feature guards to prevent chipping. • 17. The 18 -foot Washingtonian palms listed on the project's plans shall be placed in front of the store. Mr. Mike Rosen seconded the motion. Chairman Ornstein opened the Public Hearing on this matter. After hearing no public comment, the Public Hearing was closed. The motion was approved by an unanimous vote of 6 -0. 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) (Adv. 3/30/92) 9 11 • Chairman Ornstein opened the Public Hearing. After hearing no public comment, Chairman Ornstein closed the Public Hearing. Mr. Lioce made a motion to recommend approval. Ms. Carlino seconded the motion. The motion was approved by a 6 -0 vote. PUBLIC HEARING: Z -91 -04 - Recommendation to City Council re: (North County Government Center) Rezoning a 36.15 -acre site from GU, Governmental Use and PDA, Planned Development Area to a Planned Community District with an underlying zoning designation of Governmental Use and approval for a conceptual master plan approval for a governmental center. Located at the southwest corner of PGA Boulevard and Campus Drive. Postponed from 2/25/92 meeting. (6- 42S -43E) (Adv. 2/10/92) Ms. Glas, City Planner, said the petitioner has not provided staff with any additional information as requested. She said the petitioner has asked that the Public Hearing be postponed until May 12, 1992. • Ms. Audrey Wolf of Palm Beach County provided the Commission with a status report of • the project and a reduced copy of the new master plan for the site. She said the County has made drastic changes to the site. She said the County is not proposing to submit an overall traffic report to the City. Mr. Sabatello stated that the County should look at the Toys "R" Us landscaping plan in order to match the landscape treatment along PGA Boulevard. Chairman Ornstein praised the changes to the County's master plan. He added that the County needs to provide the traffic report. Mr. Lioce asked what was the status of the interlocal agreement. Ms. Wolf said that she believes that both sides are in agreement on the draft of the interlocal agreement. Mr. Walton said the City has never agreed with the condition that all future projects will submit 12 a traffic study consistent with the future traffic performance standards. Ms. Wolf said the • County will never agree to the condition to comply with the existing traffic performance standards. Mr. Lioce and Chairman Ornstein stated that a condition of approval for this project could state that all future phases must meet future traffic standards, except that the County can not be exempted. Ms. Wolf said the county would comply with whatever the traffic standards are at the time of the project, including if the County is exempted from the future traffic standards. Chairman Ornstein requests that the Commission receive some direction from Mayor Martino. Mayor Martino suggested that the Commission leave the traffic issue to the City Council. He added that the Planning and Zoning Commission should make a • recommendation concerning traffic impacts. Chairman Ornstein then opened the Public Hearing. After hearing no public comment, Chairman Ornstein closed the Public Hearing until May 12, 1992. PUBLIC HEARING: PUD -92 -04 - Recommendation to City Council re: (Hidden Hollow PUD) Amending the Hidden Hollow Planned Unit Development, created by Ordinance 16, 1987 and subsequently amended by Ordinance 22, 1989 and Ordinance 10, 1990, for a one -year time extension for the development of a 56 single- family residential development on 12.3 acres. Located on the south side of Northlake Boulevard, immediately west of Square Lake subdivision. (23- 42S -43E) (Adv. 4/13/92) Mr. Carl Sabatello, the agent for this petition, excused himself from the Commission for this petition. Ms. Glas, City Planner, reviewed the staff report for the above - referenced petition. Mr. Lioce asked why the dedication of right -of -way for Northlake Boulevard has not been completed. He suggested that the dedication be made as a condition of approval of this 40 13 petition. • Mr. Sabatello said the City Attorney has the legal deed for the dedication. He said he had no problem with having the dedication as a condition of approval. Mr. Sabatello requested that letters from City Manager John Orr concerning turn lanes and impact fees are made apart of the approval. Chairman Ornstein then opened the Public Hearing. After hearing no public comment, Chairman Ornstein closed the Public Hearing. Motion Mr. Rosen made a motion to recommend approval of the above - referenced petition with the following conditions: 1. No building permit shall be issued for construction of any structure or building until • final drainage, paving and utility plans for said Planned Unit Development have been approved in writing by the City Engineer, and all permits required to be issued by other governmental bodies have been issued with copies thereof delivered to and filed with the Building Official, and the Petitioner shall have deposited with the City Manager a performance bond, or a letter of credit, or an escrow deposit in the sum of money in the amount prescribed by the City Engineer for the purposes of assuring the completion of all paving, drainage and utilities on said project. 2. A plat of said Planned Unit Development shall be approved by the City Council by subsequent Resolution and shall be delivered for recording upon Petitioner posting the aforementioned requisite bond or letter of credit with the City. 3. All applicable impact fees imposed by the City of Palm Beach Gardens and Palm • 14 • Beach County shall be paid to the City at the time of issuance of the first building permit. 4. A minimum rear -yard setback for screen enclosures shall be five (5') feet for swimming pools without screen enclosures a minimum of five (5') feet for screen enclosures; and requiring a minimum of seven and one -half (7 1/2') foot side yard setback for either screen enclosure or swimming pool. 5. Prior to issuance of the initial Building Permit, Petitioner shall post a bond or letter of credit in the amount of money prescribed by the City Engineer for the construction of the required off -site left turn lane on Northlake Boulevard, with construction thereof to be performed prior to a Certificate of Occupancy being issued for the last dwelling unit on said Planned Unit Development, or Palm Beach County • beginning the actual construction of the widening of Northlake Boulevard in the immediate vicinity of the Planned Unit Development, depending 0 which event shall first occur. 6. The petitioner shall dedicate the required right -of -way on the South side of Northlake Boulevard to the County of Palm Beach prior final approval by City Council. 7. The major pine canopy (northern section) shall be protected except in road and right -of -way areas during construction. Property owners shall have a choice to preserve remaining trees. 8. The canal bank, along the eastern property line, shall have the present trees selectively removed and grass installed. 15 • 9. The Hidden Hollow Homeowner's Association Documents shall be reviewed by the City Forester prior to the recording of same. 10. Within the Hidden Hollow Homeowners' Association Documents, there shall be the following provisions: A. Prior to the issuance of a Certificate of Occupancy for houses built on Lots 38, 45 and 46, a hedge will be installed within the ten (10) foot landscape easement on the north property line. The means to irrigate this hedge will also be required. B. Prior to the issuance of a Certificate of Occupancy for houses built on Lots 46 through 52, inclusively, a fence and hedge will be installed along the west property line. The means to irrigate this hedge will also be required. • C. The maintenance of said hedges shall include but shall not be limited to such items as the required hedge height at maturity, responsibility for replacement shrubs, if removed for any reason, and their ultimate care. 11. The exotic vegetation (i.e., Brazilian Pepper, Malaleuca and Australian Pine) shall be removed and as much of the quality (Florida Native) vegetation will remain. • 12. If all the trees on any particular lot shall be removed along the eastern and southern boundaries for canal bank restoration, a minimum of two (2) trees per adjoining lot shall be planted along these boundaries. 13. A barricade shall be erected at both ends of the north /south street in Phase II where the road dead ends. In lieu of the Department of Transportation standard barricade, 16 the developer will investigate the legality of placing railroad ties and vegetation as the barricade for the ends of the north /south street in Phase II. 14. The Homeowners' Association documents shall contain provisions which will allow the City to enforce the maintenance of the landscaping pursuant to the City Code in the event the Homeowners' Association does not enforce the maintenance thereof. 15. The Planning and Zoning Commission has indicated that it would support a two -year time extension if so desired by City Council. Ms. Carlino seconded the motion. The motion was approved by a 5 -0 vote. WORKSHOP: PUD -92 -02 - Recommendation to City Council re: (Anspach Effort PUD) Allowing for the renovation and expansion of an existing building on Lot 2 of West Park Center Plat within the NorthCorp Center Planned Community Development. Located . east of Interstate 95, at the southwest corner of NorthCorp Parkway and Riverside Drive (7- 42S -43E) Mr. Lioce, who is representing the owners of the NorthCorp PCD, stepped down from the Commission for this petition. Ms. Glas, City Planner, reviewed the April 23, 1992 staff report on the above - referenced petition. She said she has eight conditions of approval if the Commission is ready to approve this petition. Chairman Ornstein said that would be premature. Chairman Ornstein asked if the petitioner has provided a site plan indicating all the required parking on -site. Ms. Glas said the plan indicates the Phase II parking. Ms. Young Song, agent for the petitioner, reviewed the project. Chairman Ornstein said the future building construction should not be included on the site plan unless it is part of the request. He added that he will not support this petition unless 0 17 • • all of the parking is shown on -site. If the parking is not on -site, then the off -site parking lot must be brought up to code requirements. Ms. Elaine Beers of The Anspach Effort said the company is willing to move the required parking on -site. She said she would like the petition to be moved on to City Council. Chairman Ornstein said the parking needs to be shown on the plan. Ms. Beers said the company has purchased the property and would like to move on the site. Mr. John Bills of the Northcorp PCD said they really want to move this petition forward to City Council. Chairman Ornstein said this petition will not be moved forward until the plans are corrected. He added that this petition will be considered for approval at the May 12, 1992 Planning and Zoning Commission meeting. The Commission indicated that if the petitioner is proposing to build Phase III then the site plan should reflect the proposed building and parking spaces. If not, those elements should be removed from the site plan. Elevations for Phase III should be provided, if proposed. The Commission directed the petitioner to bring all plans, elevations, color drawings, color samples and other pertinent information to the May 12, 1992 meeting. NEW BUSINESS The Commission discussed the problems concerning projects within the City being constructed in conflict with the approved plans. The Commission directed Chairman Ornstein to meet with City Manager John Orr to seek possible solutions to this issue. ADJOURNMENT There being nothing further to come before the Commission, the meeting was adjourned at 11:15 P.M. The next meeting will be held on May 12, 1992. • I JUIIICIIICK LIUCC Marty R. . Minor, Secretary 0 19 Mil o n g) Carl SKbatello Diane Carlino