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HomeMy WebLinkAboutMinutes P&Z 032701• CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION March 27, 2001 MINUTES 0- The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chair John Glidden 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. ANNOUNCEMENTS There were no announcements. CITY COUNCIL LIAISON There were no items by the City Council Liaison. APPROVAL OF MINUTES Mr. Present made a motion to approve the minutes of the February 27, 2001 meeting as submitted. Mr. Ansay seconded the motion, which carried by unanimous 7 -0 vote. PLANNING AND ZONING COMMISSION The roll was called by Barbara Cavanagh, Secretary for the meeting. Present John Glidden, Chairman Dennis Solomon, Vice Chairman Craig Kunkle, Jr., Chair Pro Tern Joel Charming Barry Present Steven Tarr Dick Ansay Alternate Ernest Volonte Absent Alternate David Kendall Also present were Growth Management Director Charles Wu, Senior Planners Talal Benothman and Edward Tombari, Principal Planner Karen Craver, Planner Kara Irwin, City Attorney Len Rubin, and Consultant Henry Iler. n LJ • Planning & Zoning Commission Minutes March 27, 2001 Public Hearing (to be continued) Petition PCD- 99 -02: Master Plan for the Legacy Place (Parcel 28.01) Planned Community District Urban Design Studio, agent, is requesting master plan approval for a 75 -acre, mixed use planned community district containing approximately 69,000 square feet of professional office space, 399,000 square feet of retail space, and 384 residential units at the southeast corner of PGA Boulevard and Alternate AIA. (6- 42S -43E) Chair Glidden announced that this item would be continued; that members of the public could meet with the developer's representatives outside the Council chambers; and that a piece of paper would be circulated for members of the public who had intended to speak on this issue to list their names, addresses, and phone numbers. Mr. Present made a motion to continue the public hearing for petition PCD -99 -02 to April 10, 2001 at 6:30 p.m. Mr. Ansay seconded the motion, which carried by unanimous 7 -0 vote. BOARD OF ZONING APPEALS The roll was called by Barbara Cavanagh, Secretary for the meeting. Present John Glidden, Chairman Dennis Solomon, Vice Chairman Craig Kunkle, Jr., Chair Pro Tern Joel Charming Barry Present Steven Tarr Dick Ansay Alternate Ernest Volonte Absent Alternate David Kendall Public Hearing and Consideration of Approval Petition VAR- 01 -02: Pollo Tropical Northlake /Congress Variance - Request for a Variance from Eight of the Regulations of the City of Palm Beach Gardens Land Development Regulations. Sec. 136 "Permitted Signs" Patricia Monahan, agent for Pollo Tropical, is requesting a variance from Section 136, Table 24, Permanent Signs, of the Land Development Regulations to allow for an additional wall sign, with lettering in excess of the maximum height, a menu board in excess of the maximum height and IN • Planning & Zoning Commission Minutes March 27, 2001 maximum area allowed, a fixed free- standing menu preview board in excess of the maximum height and area, and entrance and exit signs in excess of the maximum height with additional copy other than that allowed. (18- 42S -43E) Planner Kara Irwin presented the variance requests, clarified information on the matrix, reviewed the petitioner's justification, and indicated that staff recommended denial of the requests except for the additional wall sign. Mr. Glidden suggested the two signs on the entry element be scaled down. David Feldman, representative for the applicant, discussed the menu board size and visibility and the importance of customers seeing the same menu on the outside and the inside. Petitioner respectfully requested approval of the menu board and indicated willingness to work with staff on the other signs. Mr. Kunkle expressed his opinion that the local market would know the menu and indicated that he was unable to support any of the variance requests. Mr. Charming requested a visual of the menu board to relate the size of the board to the size of the building. Mr. Solomon expressed his opinion that the variance request did not meet the criteria, and suggested smaller printing and a reduced size menu board. Mr. Charming questioned whether a precedence would be set if this particular menu board was approved for this particular restaurant, to which the City Attorney responded that was a possibility. The applicant noted there were 42 Pollo Tropical restaurants in South Florida, some of which had older smaller menu • boards that were being upgraded but that the newer restaurants had the new menu board as requested. Mr. Present noted the take -out food business was changing and he had mixed feelings regarding this issue. The applicant noted that in most jurisdictions the applicant was able to provide these menu boards under code rather than requesting a variance, and the last new restaurant built where the applicant had been able to do all the things they were requesting here had been in Royal Palm Beach. Mr. Ansay commented the criteria of hardship was very important, and without that hardship proven it was very difficult for him to approve a variance. Mr. Ansay indicated he was not opposed to the sign, but recommended the City address this under their code so that a variance request would not be necessary. Mr. Tarr questioned whether the criteria could be antiquated, to which Mr. Tombari responded with a history of the sign code, which was approximately eleven years old. Mr. Tarr indicated he would go with staff recommendation but it was unfortunate that this applicant was penalized by an outdated code. Mr. Tarr questioned why a sign at the entrance on Northlake Boulevard was not requested, to which staff responded two parties shared this site, only one entrance sign was allowed, and Walgreen's had already taken that sign. Mr. Glidden noted separate elevations were being presented rather than an elevation of the building showing the signage. Chair Glidden suggested scaling down the sign size and dropping it down. Mr. Glidden passed the gavel to Vice Chair Solomon. Mr. Glidden made a motion to approve the variance request for the two signs on the tower in accordance with staff recommendation; deny the balance of the variances with the provision in association with the two signs being allowed that the 24" letter be reduced to a 20" letter, the 10" letter be reduced to an 8" letter, and the sign and the reveal just below it be dropped down 6" to 8" lower so the sign would fit on the tower more aesthetically. Petitioner commented the lettering would be too small to see and the signs 3 • Planning & Zoning Commission Minutes March 27, 2001 were on different sides of the tower and the size of the signs were well within code. The motion died for lack of a second. Mr. Charming made a motion to approve the variance request as presented with two exceptions; reduce the lettering as recommended by Mr. Glidden to 20" and 8" letters and allow petitioner to have the one larger menu board provided it was appropriately landscaped. Motion died for lack of a second. Mr. Solomon made a motion to approve the request for the sign at the top in the size indicated and to deny the other requests for variances consistent with the staff report. Mr. Present seconded the motion. Mr. Tarr requested an amendment to drop the sign and reveal down 6 ". Mr. Present commented this might be a logo, and withdrew his second. Mr. Tarr seconded the amended motion. Mr. Glidden clarified the motion was to approve the second sign, drop it 6" along with the reveal that lies below it, and to deny the other requested variances. The motion was withdrawn, and Mr. Solomon made a new motion, as follows: Mr. Solomon made a motion to approve the request for the sign at the top in the size indicated , to drop it 6" along with the reveal that lies below it, and to deny the other requests for variances consistent with the staff recommendations of criteria in the standards. Mr. Tarr seconded the new • motion. Mr. Glidden clarified the motion was to approve the second sign, drop it 6" lower along with the reveal that lies below it, and to deny the other requested variances. The vote on the motion was 5 -2, with Mr. Ansay and Mr. Kunkle opposed. PLANNING AND ZONING COMMISSION The roll was called by Barbara Cavanagh, Secretary for the meeting. Present Absent John Glidden, Chairman Alternate David Kendall Dennis Solomon, Vice Chairman Craig Kunkle, Jr., Chair Pro Tern Joel Charming Barry Present Steven Tarr Dick Ansay Alternate Ernest Volonte Recommendation to City Council Petition SP- 00 -23: Mirasol (Golf Digest PCD) Parcel A • '4 • Planning & Zoning Commission Minutes March 27, 2001 A request by Urban Design Studio, agent, for site plan approval of a residential parcel known as Parcel A located in the Golf Digest (Mirasol) Planned Community Development (PCD) along PGA Boulevard (Blvd.). ParcelA is located south of Hood Road and north of the Seacoast Utility facility. The gross acreage of Parcel A is 53.27 acres and the parcel will be developed at a proposed density of 3.9 dwelling units per acre. The proposed 208 dwelling units will be constructed on single-family zero lot line lots. The development is proposed to be completed in one phase. and Recommendation to City Council Petition SP- 00 -24: Mirasol (Golf Digest PCD) Parcel B A request by Urban Design Studio, agent for Taylor Woodrow Communities at Mirasol, Ltd., is requesting site plan approval for 159 single-family zero lot line dwelling units in Parcel B of the Mirabella subdivision of the "Mirasol" Planned Community Development (formerly known as "Golf Digest "). The proposed density for the site is 5.24 units per acre. The 30.34 -acre site is bounded by Hood Road to the north, Parcel A to the west, Jog Road to the south, and Parcel C to the east. (41- 34S-42E) Senior Planner Talal Benothman presented the staff reports and staff recommendation for approval of requested waivers except for the sidewalk and dry model waivers. • Recommendation to City Council Petition SP- 00 -25: Mirasol (Golf Digest PCD) Parcel C Ann Booth of Urban Design Studio, agentforKeneo Communities, is requesting site plan approval for 125 single-family zero lot line dwelling units in Parcel C of the Mirabella subdivision of the "Mirasol" Planned Community Development (formerly known as "Golf Digest "). The proposed density for the site is 6.69 dwelling units per acre. The 18.68 -acre site is bounded by Hood Road to the north, Mirasol Parcel B and the Bonette Hunt Club to the west, Jog Road to the south, and future Palm Beach County School District site to the east. (41 -34S -42E) Senior Planner Edward Tombari presented the staff report and explained that staff recommended denial of the sidewalk and dry model waiver requests. Mr. Channing requested an explanation of the rationale behind not wanting to grant the request to build the models prior to platting if a demolition bond was put up by the developer. Principal Planner Karen Carver indicated this had been a specific change in the recent code revisions. Growth Management Director Charles Wu explained that building before platting had become an administrative nightmare in West Palm Beach and if the land was not platted the City had no means of getting the surety bond for public infrastructure improvements. Mr. Wu explained the difficulty of tracking by computer the permits issued for a property that had not been platted. Mr. Solomon expressed his opinion that an address could be obtained from the post office and used for tracking on the computer, and that there was • no real exposure to the City for a developer to build models before platting. Mr. Channing indicated he 5 • Planning & Zoning Commission Minutes March 27, 2001 was familiar with the problems in West Palm Beach and therefore would follow staff recommendation in this case, but believed such requests should be granted if the developer could put up a demolition bond and if the City could be satisfied that bond was without question. Mr. Charming indicated the only legitimate reason he had heard for not building before platting was the administrative problems and he felt this problem should be worked out. Mr. Wu indicated developers had been tardy in recording the plat and the City had lost tax revenue. Mr. Channing explained that Mirasol would have to pay an extra four months of interest, and if there was a way this could work for the City there was reason to do it. Chair Glidden noted not allowing developers to build sales models before platting could be incentive for not being tardy in recording the plat. City Attorney Len Rubin was requested to provide advice on what could or could not be done if a performance bond was in place. The City Attorney indicated there were criteria for waivers in the code which were not as strict as the criteria for variances because there was more flexibility in the PCD /PUD process, and financial reasons were not supposed to be the sole criteria for granting a waiver. Legally, there were ways to protect the City, but there really would be no incentive to plat, and there had been a push within the City to get platting done more quickly for many reasons; also, it was more a policy decision rather than a legal decision. Mr. Ansay questioned whether a stipulation could be made that platting must be done by a certain date, to which the City Attorney explained conditions could be attached to waivers or only a part of a waiver could be granted; however, the change had been made because there had been a consensus to require platting early in the process. • Mr. Charming indicated it took 4 -6 weeks to build model homes and several months to file a plat even after all documents were drawn up, so if there was'an inclination by the developer to delay there was not much incentive to the developer except maybe a month or two of the income that the City might have received. Mr. Charming commented that a developer did not start building models unless he was going to open them, especially if he took the risk of putting up a demolition bond. Mr. Channing indicated the economic argument could be compensated in various ways. Mr. Tarr questioned why waiver criteria was not presented the same way variance criteria was presented and commented there should be pedestrian access to the future school and the park, and questioned whether that access was a requirement or just something desired by staff. Mr. Benothman explained staff did support a connection between the community and the school, but the justification provided by the applicant was they would like to protect the integrity of the community by not providing that connection. Staff did not understand how the integrity of a residential area could be compromised by providing that access. Growth Management Director Wu responded to Mr. Tarr's question regarding presentation of waiver criteria that with waivers there was more flexibility and more creativity since they were granted within the PCD /PUD process; while granting variances must be based on facts and strictly adhere to the criteria. Mr. Wu explained that each of these three applications had requested nine waivers, for a total of 27, and 297 responses would have to be listed if the information were presented in the same format as for variances. Mr. Present indicated he had heard this might not be a school site, but even if it was changed to something else he would like to see the connection there, but not necessarily built. Mr. Kunkle expressed his opinion these three parcels would be developed as three different neighborhoods and to funnel the school /park traffic through Parcel "C" would be a devaluation and unfair burden on Parcel • "C ". Mr. Kunkle indicated that a lot of time and trouble had gone into making the cross section for Jog 6 • Planning & Zoning Commission Minutes March 27, 2001 Road user friendly and to breach the gate with a secondary access to the school as opposed to the primary one for Jog Road would be a disservice and devaluation to the homeowners in Parcel "C ". Ann Booth, Urban Design Studio, agent for the petitioner, focused on what had been done since the petition was last presented. Ms. Booth explained that the sign had been moved from the parkway back onto the property; the petitioner had provided options landscape plans showing rear yards without pools; had provided typical side to rear layout showing how units would be configured on the parcels in a rear to side configuration with this the City Forester had recommended approval of those rear setbacks and the staff had agreed. Alternate elevations for each model had also been provided, along with guidelines the developer was willing to impose upon the purchasers that would provide for a mixture of elevations, facades, colors, and materials, and which the applicant was willing to agree to becoming conditions of approval. Ms. Booth explained that the applicant had developed a color matrix. With regard to the early work permit request for models, Ms. Booth indicated the applicant would be willing to post bond, that building would be at their own risk, and that no certificates of occupancy would be issued prior to the plat being recorded. Mr. Booth reported the applicant had already submitted their plat to the City for review; and explained that no units within the development could be sold before the plat was recorded, so there was protection for the City. Ms. Booth explained that the post office had issued street names for the whole development and that a street numbering system had been developed and could be submitted with the initial submission for the models. Ms. Booth discussed the access to the school, and explained that Mirabella was a controlled access community and the development was part of a master plan. The overall development as a whole had an extensive circulation for pedestrians, and described the pedestrian and bicycle paths which had been provided. Ms. Booth explained that the developer was very concerned about how and where access to the school could be provided, how it would breach security, and the loss in value for the lots where the access was installed. Ms. Booth indicated the applicant would like to continue to request the waiver for a sidewalk on only one side of the road. Mr. Tarr favored access to the school. Ms. Booth reviewed the advantages to the City which the developer had provided, including parks, uplands, wetlands, and open space. Discussion ensued, with comments by other members of the Commission. Mr. Solomon expressed a problem with the Parcel C site plan. Mr. Charming indicated he felt a workshop should be held if anyone questioned the wisdom of the concept of creativity in PUD developments. A poll was taken on the internal sidewalk issue indicating 6 -1 in favor of two 4 -foot sidewalks as opposed to only one sidewalk along roadways, with Mr. Ansay opposed. A poll was taken on the issue of the dry models that provided a CO was not issued prior to recording of a plat, a permit could be issued so long as proper bonds were posted, indicating 6 -1 in favor with Mr. Tarr opposed. Staff indicated concurrent review of the plat was in effect with the recent code changes. A poll was taken indicating that 5 -2 preferred the Jog Road connection to the school and the park, with Mr. Charming and Mr. Tarr opposed'. Mr. Charming moved to approve the petition as recommended by staff with one exception that the first be changed to tenth in condition 2. Mr. Tarr seconded. Discussion ensued. Mr. Charming withdrew this motion; Mr. Tarr withdrew his second. Mr. Ansay made a motion to recommend to City Council approval of Petition SP- 00 -23, Parcel 7 • Planning & Zoning Commission Minutes March 27, 2001 • n U A, with the following conditions: 1. The building and construction of any residential unit within Parcel A shall conform to the design guidelines established by the petitioner for the subject parcel, in accordance with the recommendation of the Planning and Zoning Commission of the City of Palm Beach Gardens. (Planning) 2. The Jog Road Parkway and Hood Road Parkway landscaping adjacent to Parcel A shall be completed prior to the issuance of the first Certificate of Occupancy. (City Forester) 3. The PCD buffer around the out parcel (Bonnett Hunt Club) and adjacent to Parcel A abutting the PCD buffer shall be completed prior to the issuance of the first Certificate of Occupancy. (City Forester) 4. Prior to construction plan approval, the applicant shall show the drainage easement locations and width on all construction plans. (Engineering) 5. Prior to construction plan approval, the applicant shall indicate on the construction plans where Type F curb transitions to valley, gutter at Sedona Way. (Engineering) 6. Prior to construction plan approval, the applicant shall show pavement striping/chevrons in advance of the median islands to promote traffic to keep right in lieu of directional traffic signs. (Engineering) 7. Prior to the first certificate of occupancy, the Parcel A spine road construction shall be completed and accepted by the City. (Engineering) 8. Prior to the first certificate of occupancy, Mirabella Drive construction shall be completed and accepted by the City. (Engineering) 9. Prior to the first certificate of occupancy, the supporting master surface water management system and positive legal outfall construction shall be completed and accepted by the City. (Engineering) 10. Prior to the 200th certificate of occupancy for Parcel A, B and C combined, the Recreation Center construction shall be completed and accepted by the City and a certificate of occupancy issued. (Engineering) 11. Prior to the first certificate of occupancy, the applicant shall record the plat. (Engineering) • Planning & Zoning Commission Minutes March 27, 2001 12. Prior to the issuance of the building permit for the Model Center, the applicant shall provide Model Center construction plans for review and approval. The construction plans shall meet all applicable Land Development Regulations to include but not limited to parking, paving, drainage, landscaping, irrigation, and lighting. (Engineering) 13. Prior to the issuance of the certificate of completion for the Model Center, that portion of Parcel A spine road, Jog Road, and Mirabella Drive that provides access to the Model Center shall be completed and accepted by the City. (Engineering) 14. Minimum 4 -foot wide concrete sidewalks shall be installed on each side of streets within the subdivision. 15. Dry model permits may be issued prior to recording the plat subject to staff establishing certain safeguards with the developer. 16. A pedestrian connection shall be established to the school along Jog Road through the park as opposed to internal to the project. • Approved Waivers: 1. A waiver from Section 75 of the City Code, which requires a maximum 35% lot coverage. The applicant proposes 50% lot coverage. The waiver is requested for an additional 15% lot coverage. 2. A waiver from Section 75 of the City Code, which requires a minimum side interior setback of 7.5 feet. The applicant proposes a zero and a ten -foot setback for Parcel A (zero lot line). The waiver is requested for 7.5 feet. 3. A waiver from Section 75 of the City Code, which requires a minimum street side setback of 20 feet. The applicant proposes a setback of 15 feet. The waiver is requested for 5 feet. 4. A waiver from Section 75 of the City Code, which requires a minimum side interior setback of 7.5 feet. The applicant proposes to locate pools /screens and accessory structures within the side interior setbacks at zero and five feet from the property line. The waiver is requested for 7.5 and 2.5 feet. 5. A waiver from Section 75 of the City Code, which requires a minimum rear setback of ten feet. The applicant proposes to place accessory structures and pools /screens three feet away from the property line in the rear. The waiver is requested for seven feet for all lots • in Parcel A, except for Lots 29, 115, 116, 127, 128, 148, 149, 157, 158, 173, 174, 185, and 9 • Planning & Zoning Commission Minutes March 27, 2001 186, which the applicant requests a waiver of two feet. Mr. Solomon seconded the motion. Motion carried 6 -1, with Mr. Tarr opposed. Mr. Tarr indicated he was in favor of the motion with the exception that he favored the staff recommendation in regard to the dry models. Mr. Ansay made a motion to recommend to City Council approval of Petition SP -00 -24 with the following conditions: 1. The building and construction of any residential unit within Parcel B shall conform to the design guidelines established by the petitioner for the subject parcel, in accordance with the recommendation of the Planning and Zoning Commission of the City of Palm Beach Gardens. (Planning) 2. The Jog Road Parkway and Hood Road Parkway landscaping adjacent to Parcel B shall be completed prior to the issuance of the first Certificate of Occupancy. (City Forester) • 3. Prior to construction plan approval, the applicant shall show the drainage easement locations and width on all construction plans. (Engineering) 4. Prior to construction plan approval, the applicant shall show pavement striping/chevrons in advance of the median islands to promote traffic to keep right in lieu of directional traffic signs. (Engineering) 5. Prior to the first certificate of occupancy, the Parcel B spine road construction shall be completed and accepted by the City. (Engineering) 6. Prior to the first certificate of occupancy, Mirabella Drive construction shall be completed and accepted by the City. (Engineering) 7. Prior to the first certificate of occupancy, the supporting master surface water management system and positive legal outfall construction shall be completed and accepted by the City. (Engineering) 8. Prior to the 200th certificate of occupancy for Parcel A, B and C combined, the Recreation Center construction shall be completed and accepted by the City and a certificate of occupancy issued. (Engineering) • 9. Prior to the first certificate of occupancy, the applicant shall record the plat. (Engineering) 10 Planning & Zoning Commission Minutes March 27, 2001 10. Minimum 4 -foot wide concrete sidewalks shall be installed on each side of streets within the subdivision. 11. Dry model permits may be issued prior to recording the plat subject to staff establishing certain safeguards with the developer. . 12. A pedestrian connection shall be established to the school along Jog Road through the park as opposed to internal to the project. Approved Waivers: 1. A waiver from Section 75 of the City Code, which requires a maximum 35% lot coverage. The applicant proposes 50% lot coverage. The waiver is requested for an additional 15% lot coverage. 2. A waiver from Section 75 of the City Code, which requires a minimum side interior setback of 7.5 feet. The applicant proposes a zero and a ten -foot setback for Parcel A (zero lot line). The waiver is requested for 7.5 feet. 0 3. A waiver from Section 75 of the City Code, which requires a minimum street side setback of 20 feet. The applicant proposes a setback of 15 feet. The waiver is requested for 5 feet. 4. A waiver from Section 75 of the City Code, which requires a minimum rear setback of ten feet. The applicant proposes to place accessory structures and pools /screens three feet away from the property line in the rear. The waiver is requested for 15 feet. 5. A waiver from Section 75 of the City Code, which requires a minimum lot width of 65 feet. The applicant proposes a lot width of 50 feet. The waiver is requested for 15 feet. 6. A waiver from Section 75 of the City Code, which requires a minimum side /lot area of 6,500 square feet. The applicant proposes a site area of 5,750 square feet. The waiver is requested for 750 square feet. Mr. Solomon seconded the motion. Motion carried 6 -1, with Mr. Tarr opposed. Mr. Tarr indicated he was in favor of the motion with the exception that he favored the staff recommendation in regard to the dry models. Mr. Ansay made a motion to recommend to City Council approval of Petition SP -00 -25 with the 11 Planning & Zoning Commission Minutes March 27, 2001 following conditions: 1. The Hood Road Parkway landscaping adjacent to Parcel C shall be completed prior to the issuance of the first Certificate of Occupancy. (City Forester) 2. The PCD buffer next to the out parcel (Bonnett Hunt Club) adjacent to Parcel C shall be completed prior to the first Certificate of Occupancy abutting the PCD buffer. (City Forester) 3. The Recreation Center shall be completed prior to the 200th Certificate of Occupancy of the combined units within Parcels A, B and C. (Building, Planning & Zoning) 4. Prior to construction plan approval, the applicant shall show the drainage easement locations and width on all construction plans. (Engineering) 5. Prior to construction plan approval, the applicant shall show pavement striping/chevrons in advance of the median islands to promote traffic to keep right in lieu of directional traffic signs. (Engineering) 6. Prior to construction plan approval, the applicant shall provide a cross - section detail of the 28 -foot stabilized temporary road access for construction of construction models showing the compacted subgrade specifications meeting LDR Section 249. (City Engineer) 7. Prior to construction plan approval, the applicant shall provide a copy of the approved Palm Beach County permit for the temporary road access connection to Hood Road. Also, the applicant shall provide signing on Hood Road for the control of traffic entering and leaving Parcel C by way of Hood Road. The signing shall meet FDOT Index 600. (City Engineer) 8. Prior to construction plan approval, the applicant shall address the potential conflicts between the decorative walls within the side yards and lot drainage patterns to the satisfaction of the City Engineer. (City Engineer) 9. Prior to the first certificate of occupancy, the Parcel C spine road construction shall be completed and accepted by the City. (Engineering) 10. Prior to the first certificate of occupancy, Mirabella Drive construction shall be completed and accepted by the City. (Engineering) 11. Prior to the first certificate of occupancy, the supporting master surface water • 1.2 • Planning & Zoning Commission Minutes March 27, 2001 management system and positive legal outfall construction shall be completed and accepted by the City. (Engineering) 12. Prior to the 200th certificate of occupancy for Parcel A, B and C combined, the Recreation Center construction shall be completed and accepted by the City and a certificate of occupancy issued. (Engineering) 13. Prior to the first certificate of occupancy, the applicant shall record the plat. (Engineering) 14. Prior to the issuance of the building permit for the Model Center, the applicant shall provide Model Center construction plans for review and approval. The construction plans shall meet all applicable Land Development Regulations to include but not limited to parking, paving, drainage, landscaping, irrigation, and lighting. (Engineering) 15. Prior to the issuance of the certificate of completion for the Model Center, that portion of Parcel C spine road, Jog Road, and Mirabella Drive that provides access to the Model Center shall be completed and accepted by the City. (Engineering) 16. The building and construction of any residential unit within Parcel C shall conform to the • design guidelines established by the petitioner for the subject parcel, in accordance with the recommendation of the Planning and Zoning Commission of the City of Palm Beach Gardens. (Planning and Zoning) 17. Minimum 4 -foot wide concrete sidewalks shall be installed on each side of streets within the subdivision. 18. Dry model permits may be issued prior to recording the plat subject to staff establishing certain safeguards with the developer. 19. A pedestrian connection shall be established to the school along Jog Road through the park as opposed to internal to the project. Approved Waivers: 1. A waiver from Section 75 of the Land Development Regulations, which requires a maximum 35% lot coverage. The applicant proposes 50% lot coverage. The waiver is requested for an additional 15% lot coverage. 2. A waiver from Section 75 of the Land Development Regulations, which requires a minimum side interior setback of 7.5 feet. The applicant proposes a zero and a ten -foot 0 13 • Planning & Zoning Commission Minutes March 27, 2001 setback for Parcel C (zero lot line). The waiver is requested for 7.5 feet. 3. A waiver from Section 75 of the Land Development Regulations, which requires a minimum street side setback of 20 feet. The applicant proposes a setback of 15 feet. The waiver is requested for 5 feet. 4. A waiver from Section 75 of the Land Development Regulations, which requires a minimum side interior setback of 7.5 feet. The applicant proposes to locate pools /screens and accessory structures within the side interior setbacks at zero and five feet from the property line. The waiver is requested for 7.5 and 2.5 feet. 5. A waiver from Section 75 of the Land Development Regulations, which requires a minimum rear setback of ten feet. The applicant proposes to place accessory structures and pools /screens three feet away from the property line in the rear. A waiver is requested for seven feet for all lots in Parcel C. 6. A waiver from Section 75 of the City Code, which requires a minimum lot width of 65 feet. The applicant proposes to provide lot widths of 50 feet. The waiver is requested for 15 feet. • 7. A waiver from Section 75 of the City Code, which requires a minimum site area of 6,500 feet. The applicant proposes a minimum site area of 4,720 square feet. The waiver is requested for 1,780 square feet. Mr. Kunkle seconded the motion. Petitioner clarified that lots for models were designated within each parcel and the public would not have access to the models until the roads were constructed. Motion carried 5 -2, with Mr. Tarr opposed. Mr. Tarr indicated he was in favor of the motion with the exception that he favored the staff recommendation in regard to the dry models. Mr. Solomon indicated he was in favor of the motion except he felt there should have been more guest parking and the site plan was too cramped with the lot coverage. A break was taken at 8:55 p.m. The meeting reconvened at 9 p.m. Recommendation to City Council Petition SO- 01 -01: Mirasol Clubhouse Parcel - Phase I Anne Booth of Urban Design Studio, agent for Taylor Woodrow Communities at Mirasol, Ltd., is requesting site plan approval for the first phase of the Clubhouse Parcel within the "Mirasol" Planned Community Development (formerly known as "Golf Digest "). The proposed first phase includes the Golf Digest National Teaching Academy, the "Cart Barn ". Cart staging and bag drop off areas on 7.35 acres. It is the intention of the applicant to use the "cart barn" as a temporary clubhouse until such time as the permanent clubhouse can be built. These facilities are to be used 14 U Planning & Zoning Commission Minutes March 27, 2001 in conjunction with the first golf course that is currently under construction. The total 27.27 -acre site is located in the southwest "country club" community at the intersection of Mirasol Boulevard and Mirasol Way, bounded on the west and south by Mirasol Way and on the north and east by golf and water. Senior Planner Ed Tombari reviewed the staff report. Ann Booth, agent for the petitioner, reviewed the proposal. Architect Jeff Ornstein reviewed the proposed architecture. At the request of Mr. Channing, the landscaping for the academy was described by the landscape architect, who indicated that on the north side a grove of slash pines would be established with a little of the building exposed but nestled within a canopy of native materials. Discussion ensued. The landscape architect committed to initial installation of 18 sabals & 12 pines clustered on the north side of the academy as recommended by Mr. Kunkle. Mr. Kunkle noted the entry avenue specified canopy palm rather than specimen palm, and that entrance should be very dramatic. Mr. Kunkle expressed a preference for Royal palms over Queen palms in this location. Mr. Kunkle recommended moving the coconut palms to the specimen palm category. Ms. Booth suggested language for a condition of approval that would read: The north and south elevations of the academy shall be landscaped such that at a 10 -foot height from the ground 50 % coverage, and at a 10 to 18 -foot height from the ground 25% coverage shall be achieved. Chair Glidden expressed a preference for the applicant to provide 0 -10', 10' -20', and 20' and above; or to specify numbers of species for presentation to City Council. Mr. Solomon commented regarding the idea that landscaping alone was not sufficient to make up for lack of architectural details on the large walls. Petitioner proposed to hide 50% of the building up to 10' in height and 25% above 10" in height. Discussion ensued, with some members of the board expressing a desire to have this project further along and to provide some architectural details, and most willing to work to provide language for a condition of approval to have landscaping screen the building. Mr. Ornstein indicated some architectural details could be added for presentation to City Council along with the landscaping. Mr. Kunkle made a motion to recommend to City Council approval of Petition SP -01 -01 with the following conditions of approval: 1. At time of Phase 11 site plan review, bicycle parking shall be provided with the construction of the permanent clubhouse. (Planning and Zoning) 2. Prior to construction plan approval, all appropriate traffic signage shall be noted in the .construction plans and approved by the City Engineer prior to the issuance of a building permit. (City Engineer) 3. Prior to issuance of the first building permit, the applicant shall submit an amended lighting plan to meet LDR Section 95. (Planning and Zoning, City Engineer) 4. Prior to scheduling for City Council review, all minor outstanding comments from the City 15 Planning & Zoning Commission Minutes March 27, 2001 Engineer's office shall be addressed. (Planning and Zoning) 5. The quantity of sabal palms shall be doubled and the quantity of pines shall be tripled on the north and west faces of the academy building and a couple more accenting palms added on the front of the academy building against surface, and at the entry avenue coconut palms shall be moved from the canopy palm category into the specimen palm category. 6. Architectural details shall be added to all sides of the high mass on the northwest corner of the academy building, consisting of 16 -foot horizontal and vertical scoring shall be added, with 6 -inch medallions at every other joint. 7. A waiver shall be granted for parking space surface /pavement material to allow 17' of pavement with a 2.5 overhang over sidewalks or landscape area and that interior parking spaces shall have no wheel stops. Mr. Ansay seconded the motion, which carried by unanimous 7 -0 vote. Workshop • Petition SP- 00 -13: Legends at the Gardens at the Regional Center A request by Cotleur & Hearing, agent, for a site plan approval of a residential development consisting of 166 condominiums situated on approximately 24.8 acres. The site is located within the Regional Center Development of Regional Impact (DRI). The subject site is immediately west of the Gardens Mall on Fairchild Gardens Avenue and South of Gardens Parkway Boulevard on the 20- acre lake. Senior Planner Talal Benothman indicated this petition had been requested to return for informal discussion, and that the two main points raised by the Commission at the last meeting had been to integrate the parcel with the proposed entertainment center to be located on the west side of the lake and to revise the architecture to be compatible with the entertainment center and with other developments located within the Regional Center DRL Mr. Benothman indicated three potential site plan concepts had been included in the staff report, regarding which the petitioner requested direction. Donaldson Hearing, agent for Centex Homes, introduced others present on behalf of the petitioner. Mr. Hearing described the site and concept. Architect Mike Nisenbaum discussed three concepts for proposed architecture which had been changed to better reflect the City's future vision for this area, providing a more urban context for the site. Chair Glidden and Mr. Kunkle expressed preference for the second scheme presented. A suggestion was made that a long building could be broken up to allow flow through of pedestrian traffic. Mr. Channing commented the elevations on the 3 -story were not consistent with the 2- story, and he had questions regarding the real offsets and whether they would really belong together in the same development, suggested an optional elevator for the 3 -story buildings, and • 16 Planning & Zoning Commission Minutes March 27, 2001 cautioned the applicant to be careful of the marketing. Mr. Charming indicated this plan was now moving in an interesting direction, and that elements could be pulled together. Mr. Solomon indicated one of the perspectives looked flat, to which the architect responded by describing several projections. Mr. Solomon suggested the petitioner refer to Legacy Place residential area for more ideas. Mr. Present complimented the petitioner on their progress and also expressed preference for the second scheme. Mr. Ansay objected to having the gate and fence. Mr. Tarr did not like the concept of an urban appearance or mixing two types of products, and favored having the whole community gated. The perimeter appearance was described by the petitioner. Mr. Channing made suggestions to enhance the front elevation of the 2 -story building, and indicated a flat facade could be made interesting . Mr. Glidden indicated undulation in massing was the City's preference. Growth Management Director Charles Wu complimented the petitioner on their progress, and expressed staff's reaction that beyond the townhouse concept there was a typical suburban layout, with two conflicting types of buildings on the site. Mr. Wu requested the petitioner be given direction on the site plan. The majority of the Commission favored the second concept. Petitioner noted the marketing would be submitted. OLD BUSINESS There was no new business to come before the Commission. 0 NEW BUSINESS Growth Management Director Wu Landscaping the City's parking lot would be suspended in light of drought restrictions. City Attorney Rubin advised Chair Elect Solomon would automatically become Chair at the next meeting. Mr. Solomon made a motion to consider Mr. Kunkle as Chair Elect. Mr. Channing seconded the motion. Motion carried by unanimous vote. Mr. Kunkle made a motion to consider Barry Present as Chair Pro Tem. Mr. Channing seconded the motion. Motion carried by unanimous vote. • 17 I Planning & Zoning Commission Minutes March 27, 2001 ADJOURNMENT There being no further business, the meeting was adjourned at 10:40 p.m. The next regular meeting will be held April 10, 2001. APPROVED: Awq—� h)hden, Chair Alternate Er est Volonte Alternate David Kendall _ Barbara Cavanagh, Secretary for the Meeting