HomeMy WebLinkAboutMinutes P&Z 071001CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
July 10, 2001
MINUTES
The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens,
Florida, was called to order by Chair Dennis Solomon at 6:30 P.M. in the Council Chambers of the
Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the
Pledge of Allegiance to the Flag.
CITY COUNCIL LIAISON
There were no items by the City Council Liaison.
REPORT BY GROWTH MANAGEMENT DIRECTOR
Growth Management Director Charles Wu reported that at their July 5 meeting the City Council had
approved first reading for - small scale land use changes for Congress Plaza West from industrial to
commercial; and a large scale land use change from mixed use to residential high for WCI. Mr. Wu
reported the applicant had withdrawn their request for a land use plan change from rural 10 to golf along
• Beeline Highway. On a split vote of 2 -2 the motion for land use change for the Southwest corner of
Donald Ross Road and Central Boulevard from mixed use to commercial failed and therefore would not
be transmitted to DCA. The City Council had voted to transmit to DCA a land use change to delete the
roadways for Prosperity 1.01 golf community, the road from the Turnpike through PGA to Central
Boulevard. Another roadway deletion of the through street from Alternate AlA to Miltary Trail, was
approved for transmittal to DCA. Site Plan Approval for Crossroads shopping center had been
considered, and the applicant was to work with staff on the western elevation as a condition of the
approval.
APPROVAL OF MINUTES
It was announced that minutes of the June 26, 2001 meeting would be presented for approval at the next
meeting.
ROLL CALL
Betty Laur, Secretary for the meeting, called the roll for the Planning and Zoning Commission, Board
of Zoning Appeals, and Local Planning Agency:
Present
Dennis Solomon, Chairman
Craig Kunkle, Jr., Vice Chairman
Barry Present, Chairman Pro Tern
Absent
John Glidden
Alternate Ernest Volonte
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July 10, 2001
Joel Channing
Steven Tarr
Dick Ansay
Alternate David Kendall
Also present were Growth Management Director Charles Wu, Senior Planner Talal Benothman, City
Attorney Len Rubin, Principal Planners Karen Carver and Steve Cramer, and Planner Kara Irwin.
PLANNING AND ZONING COMMISSION
Public Hearing and Recommendation to City Council
Petition CU- 00 -03: Temple Beth David Conditional Use and Site Plan Amendment
A request by Larry Winker, agent for Northern Palm Beach County Jewish Community center, Inc.,
for Conditional UseAmendment (CU) approval for Temple Beth David to increase the square footage
by 21,787 square feet. The site is located on the north side of Hood Road, halfway between Military
Trail and Central Boulevard, at 4657 Hood Road. (36-4]S-42E)
Growth Management Director Charles Wu introduced the project. Kara Irwin, Planner, reviewed the
• staff report and indicated that signage would comply with code, that landscape code had been met, that
the Commission had previously expressed concerns regarding the limited number of egress points and
the site shared access with Gardens Presbyterian Church, which had been shared for a long time and had
been approved by the City Engineer. The Commission had requested additional landscaping and a
revised landscape plan had been provided. Staff recommended approval with one condition, that the
applicant agree to landscape and irrigate 120' of the 500' Hood Road median.
Larry Winker, agent for the petitioner and architect for the project, commented there was only one egress
point because that was the safest way to exit the site. Mr. Channing commented his concern was to
screen the building masses from Hood Road. Mr. Winker explained that the front entry wall had been
removed and landscaping now undulated inward and outward in front of the kitchen and social hall, and
the trees had been brought closer to the building. Mr. Kunkle commented in this updated plan queen
palms had been changed to date palms. Mr. Winker explained that change had been made with City
Forester Mark Hendrivkson. Mr. Kunkle commented the plan was good overall. Mr. Tarr asked the
City's policy on grass parking, to which Planner Irwin responded that churches could use grass parking
and it was used for overflow parking; and that wheel stops were required in front of trees to protect them.
In response to Mr. Tarr's question as to what was dangerous in adding a second access, Mr. Winker
explained that because exit was one -way west only that one lane was safer for making a right turn than
two.
Chair Solomon declared the public hearing open. Hearing no comments from the public, Chair Solomon
• declared the public hearing closed.
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July 10, 2001
Mr. Channing made a motion to recommend approval of Petition CU -00 -03 to the City Council
with the following condition:
1. Prior to the issuance of the `Certificate of Occupancy', Temple Beth David shall
landscape and irrigate 120' of the 500' Hood Road median. The landscaping will
be in the portion (120')_ of the median directly in front of the Temple site. The
Temple shall also be responsible for its portion of the landscape maintenance within
the median The landscaping shall adhere to the Hood Road landscape plan
prepared by the Gardens Presbyterian Church.
Mr. Kunkle seconded the motion, which carried by unanimous 7 -0 vote.
BOARD OF ZONING APPEALS
Public Hearing
Petition VAR- 01 -03: Variance for Canopy Lighting at a New Walgreens Drugstore
Jeff H. Iravani, P.E., agent for Northlake Venture Associates LLC, is requesting a variance from
• Section 95(f) (4) of the Land DevelopmentRegulations, which states exterior lighting shall not exceed
10 foot candles, in order to allow lighting up to 29.00 foot candles at a new Walgreens' drive - through
window and the immediate area within 10 feet of the canopy. The 3.5 -acre site is located at the
northeast corner of Northlake Boulevard and Congress Avenue (18- 42S -43E).
City Attorney Len Rubin swore in all those desiring to testify in thie quasi judicial hearing. Growth
Management Director Charles Wu introduced the project. Planner Kara Irwin reviewed the staff repor
tand noted staff recommended approval. Mr. Kunkle inquired if this would be a 24 -hour facility to
which the response was it would have limited hours. Architect Jeff Sherman indicated the lights would
be provided by 100 -watt light bulbs, and Jeff Iravani, agent for the petitioner, indicated the canopy lights
would be turned off after hours. Planner Irwin noted if this was a concern that it could be made a
condition of approval, to which the applicant agreed. Mr. Present expressed concern regarding the light
reaching the adjacent residential area. The applicant explained it was 200' to the property line, that the
light shone down, and that the light was zero before reaching the residential area. Mr. Tarr inquired if
29 footcandles was bright enough. Mr. Iravani responded that Walgreens had approved an intensity of
29.
Chair Solomon declared the public hearing open. Hearing no comments from the public, Chair Solomon
declared the public hearing closed.
Mr. Present noted to staff that the City's footcandle code might be under the average.
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Mr. Kunkle made a motion to recommend to City Council approval of Petition VAR -01 -03 with
the following condition:
1. The drive - through lighting shall operate during business hours of the store only.
Mr. Tarr seconded the motion, which carried by unanimous 7 -0 vote.
At Mr. Present's suggestion that the City's code regarding footcandles might need to be made higher
for safety reasons, Mr. Wu indicated that the code regarding footcandles would be reviewed and that a
total review of the LDR's was being done. Chair Solomon expressed his opinion that this would be
worthwhile to look at, and there was no point in treating this as an exception every time. Chair Solomon
indicated he was more interested in seeing what the City had done in the last 2 -3 years for these requests
than what other municipalities were doing.
LOCAL PLANNING AGENCY
Workshop
Petition TXT- 01 -03: Text Amendments to the City of Palm Beach Gardens Comprehensive Plan to
. Establish Countywide Concurrence Procedures for Public Schools
Staff requests review and approval of proposed text amendments to the City's Comprehensive Plan,
in order to comply with an Interlocal Agreement with the School District and Palm Beach County.
The agreement requires the adoption of a Public Schools Facilities Element into the City's
Comprehensive Plan as well as incorporating objectives and policies into the Capital Improvement
Element to formally establish countywide concurrency procedures for public schools.
Growth Management Director Charles Wu introduced the project and noted this was an important
followup to the school concurrency agreement. Senior Planner Talal Benothman provided background
on the school concurrency issue, explaining that the Commission had voted 3 -2 to recommend approval
to the City Council, and the City Council had approved it 5 -0. Mr. Benothman explained that one of the
obligations under the agreement was to adopt amendments and an entire element plus additional policies
and objectons. Mr. Benothman commented that the proposed amendments had been adopted by the
County and had been found to be in total compliance with the DCA. Mr. Benothman explained the
purpose of the interlocal agreement and the meaning of school concurrency, what was required of all
municipalities under the interlocal agreement, and what was required of the School District under the
agreement. Mr. Kunkle questioned whether this was beyond the Board's purview at this point and
indicated everyone was adopting the same basic text amendments, and this could be moved along. Mr.
Wu explained that the City must go through the process. The City Attorney commented everyone must
adopt the same element and everyone should be in the process now, since they were all supposed to
adopt by September. Mr. Present asked the City Attorney if he should step down since his job was
• Director of Real Estate for the School Board. Attorney Rubin responded that Mr. Present did not need
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July 10, 2001
to step down for changes to the comprehensive plan since this was not benefitting the School Board at
this point. Mr. Benothman continued his presentation. Mr. Channing questioned what would happen
if someone did not adopt all amendments by the required date, to which Attorney Rubin responded that
under the terms of the agreement the School Board could go to Court and compel the municipalities to
do it. Mr. Channing commented that this was not what the Commission had been told when the school
concurrency presentation was made, that they had been told as long as the City conscientiously recorded
their growth projections the onus would be on the County. The City Attorney advised that if the School
Board did not meet its agreements, concurrency would be suspended. Mr. Channing commented maybe
this was what was promised. Mr. Solomon stated he saw no inconsistency. Mr. Channing commented
the City's obligation was to project our needs, and the County must meet the City's needs or
concurrency would be suspended. Mr. Benothman indicated it was not that simple, that the County had
just hired a demographer and a technical advisory board was involved.
OLD BUSINESS
Growth Management Director Charles Wu announced that Mr. Glidden, Mr. Kunkle, Mr Channing, and
Mr. Kendall were members of the Design Guidelines Subcommittee which would hold their first
meeting Tuesday, July 17 at 4 p.m. in the conference room, which would be an organizational meeting,
and that Mr. Glidden was to be Chair. Mr. Wu announced that a schedule of meetings would be set
ahead of time. Mr. Wu noted that Mr. Glidden was on vacation and not present at tonight's meeting.
Mr. Wu announced a workshop on procedures and rules, staff duties on a day -to -day basis, and review
process of applications would be held Wednesday, August 22 at 6:30 p.m. and was expected to last not
more than two hours.
NEW BUSINESS
There was no new business to come before the Board.
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July 10, 2001
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:27 p.m. The next regular meeting will
be held July 24, 2001.
APPROVED:
Dennis Solomon
Craig Kunkle, Ar.,"ice Chair
J
Dick Ansay
A 8 -S 6W 7—
ternate Ernest V to
c eoj"f Vi
Alternate Davih ndall
Betty Lau , Secretary for the Meeting
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