Loading...
HomeMy WebLinkAboutMinutes P&Z 0909031 CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION REGULAR MEETING September 9, 2003 MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chair Craig Kunkle 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. REPORT BY GROWTH MANAGEMENT ADMINISTRATOR Growth Management Administrator Charles Wu reported that City Council had approved Evergrene Parcel 5 at their meeting of September 4, 2003. APPROVAL OF MINUTES Mr. Panczak made a motion to approve the minutes of the August 26, 2003 meeting as submitted. Mr. Pennell seconded the motion, which carried by unanimous 6 -0 vote. (Mr. Glidden had not yet arrived.) ROLL CALL Betty Laur, Secretary for the meeting called the roll for Planning & Zoning Commission and Local Planning Agency: Present Absent Chairman Craig Kunkle Randolph Hansen Vice Chairman Barry Present Chairman Pro Tem. John Glidden — arrived at 6:35 p.m. Joel Channing Dennis Solomon Douglas Pennell Alternate Michael Panczak Also in attendance were Growth Management Administrator Charles Wu, Senior Planner Natalie Wong, Planners Jackie Holloman and Brad Wiseman, City Forester Mark Hendrickson, and City Attorney Christine Tatum. Planning & Zoning Commission Minutes September 9, 2003 Recommendation to City Council. (P &Z) Petition SP- 03 -07: Parcel 27.03 A request by Cotleur and Hearing, agent for Mall Properties, Ltd., for a site plan approval of a 68,000 square foot office building, including a 4,000 square foot bank with three- lane drive- through. The 5.59 acre site is located within the Regional Center Development of Regional Impact (DRI) in the northwest corner of Kew Gardens Avenue and PGA Boulevard. Brian Cheguis of Cotleur and Hearing presented the proposed roof material. The Commissioners stepped outside to view the roof material samples in sunlight. John Glidden arrived at this point in the meeting, at 6:35 p.m. Mr. Charming and Mr. Panczak indicated their approval of the roof material. Mr. Cheguis stated that the applicant would install the antique patina look. The applicant showed the size of lettering for signage to scale for the First National Center sign. Mr. Channing expressed his opinion that the design with the stucco interfered with the best feature of the building and suggested everyone look at a sketch he had made. Mr. Pennell commented he liked the window the way it was previously, with the sign placed on the right just below the eave, however he would approve it as presented tonight. MOTION: Mr. Panczak made a motion to recommend to City Council approval of Petition SP -03 -07 with the provisions set forth at the last meeting and with the distributor and actual color name specified for the roof material. Mr. Pennell seconded the motion, which carried by unanimous 7 -0 vote. Chair Kunkle requested that Mr. Wu obtain the roof material specifications. Public Hearing and Recommendation to City Council (P &Z) Petition SP- 03 -14: Mirasol Town Square Site Plan A request by Don Hearing of Cotleur & Hearing, on behalf of Palm Beach Acquisitions LLC, for site plan approval of 120, 000 square feet of office and retail space on an approximately 12 -acre parcel in the Mirasol Planned Community Development (PCD). The Mirasol PCD is located at the northwest corner of PGA Boulevard and the Ronald Reagan Turnpike. Planner Brad Wiseman presented the project and advised that staff did not support the requested sign waiver. Brian Cheguis, agent for the petitioner, and architect Rick Gonzales of REG Architects spoke on behalf of the petitioner. Mr. Cheguis explained the requested sign waiver. The applicant was requesting primary and secondary tenant signs on the third floor. Mr. Glidden reported he had met with the applicant and they had done a nice job of responding to the commission's comments. Mr. Cheguis explained that the site plan angled to the northeast. Mr. Glidden noted the roof color in the rendering appeared to be a strong red terra cotta. Mr. Gonzales explained that the blend would be 60% red, then 2 Planning & Zoning Commission Minutes September 9, 2003 the other colors 20 0/o/200/o to provide a soft terra cotta blend. Mr. Glidden suggested that the applicant provide a photo of that blend to City Council. Mr. Glidden suggested pulling the turn radius back on the roundabout, and commented the applicant had chosen the best location on the building for the sign so he supported the waiver request. Mr. Solomon commented he liked the site plan but thought the architecture was sorely lacking, and commented that it seemed to be at a starting point instead of at the finish. Mr. Solomon expressed his opinion that there was not enough weight to the main central elements that a lot of the columns seemed skimpy and out of proportion, there was a very long roofline on Building D that should have been broken, the window treatments were not quite enough, and the ends of the buildings could have used some architectural demarcation. Mr. Solomon indicated he was reluctant to pass this on to City Council. Mr. Pennell commented he liked the architecture and the changes that had been made, but he supported staff on the sign waiver. Mr. Panczak commented concerns had been raised at the last meeting on the length of the parapet wall. The applicant reported they had lowered the parapet and added four feet . Mr. Panczak also supported the staff position on the sign waiver. MOTION: Mr. Channing made a motion to recommend to City Council approval of Petition SP -03 -14 as recommended by staff. Mr. Pennell seconded the motion. Mr. Glidden encouraged addition of an architectural element on the west side of the B buildings The applicant stipulated that would be added. Mr. Glidden strongly opposed turning down the sign waiver. Mr. Pennell stated he still agreed with staff on the sign waiver. Mr. Channing stated the motion stood. The vote on the motion was 6 -1, with Mr. Solomon opposed, and Mr. Glidden stated he disagreed with staff regarding the waiver on the sign. Chair Kunkle announced that this petition would be moved forward to City Council with denial of one waiver for signs. Public Dearing and Recommendation to City Council (P &Z) Petition CU- 03 -02: Renaissance Learning Center Temporary Modular Classroom A request by Richard Busto of the Renaissance Learning Center for approval of a one-year Temporary Conditional Use to allow the placement of a 24 foot by 40 foot modular classroom unit and to also allow the use of an existing temporary 60 foot x 12 foot trailer as a temporary office on the First Baptist Church site at 11980 Alternate AIA, one -half mile north of PGA Boulevard. Planner Jackie Holloman presented the project. Mr. Glidden inquired about landscaping, to which Ms. Holloman responded that a cocoplum hedge would be planted and then the existing fence would be removed. Mr. Solomon asked what would happen at the end of one year. It was explained that the applicant was looking for a different site and that there would be a condition of approval not to extend longer than one year. Mr. Present noted the pedestrian walk was shown right through the parking lot. Ms. Holloman advised it would be painted and striped because it was temporary. Mr. Present objected to the location because he felt it was dangerous for children and suggested placing the trailer behind the sanctuary. The applicant, Mr. Busto, explained that the facility would serve ages 3 -11 and the walkway 3 Planning & Zoning Commission Minutes September 9, 2003 was not for the children but for administrative staff . Mr. Present suggested a guard at drop -off times. Mr. Busto explained that teachers met the children at the cars and walked them to their classrooms. Mr. Present requested an extra degree of caution. Mr. Busto explained that permanent facilities would be found after one year. Mr. Glidden stated he agreed with Mr. Present's comments and asked why not have the modular unit behind the building. Mr. Busto explained it was more convenient to tap into sewer and water at the location proposed and they wanted the unit as close to the trailer where administration was located as possible. Mr. Busto explained they had taken St. Mary's autistic children and had not had time to look for a permanent facility but would look for space to rent. Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle declared the public hearing closed. MOTION: Mr. Present made a motion to recommend to City Council approval of Petition CU -03 -02 as submitted and recommend by staff. Mr. Panczak seconded the motion, which carried by unanimous 7 -0 vote. Public Hearing and Recommendation to City Council (P &Z) Petition DISC- 03 -12: Parcel 27.05127.06 Office Building No. 6 Wall Sienage Change A request by Theodore J. Leopold, Esq., to approve a waiver allowing a change in location and size of a previously approved wall sign for Office Building 6, which is located on a 16.2 -acre site known as Parcel 27.05127.06 within the Regional Center Development of Regional Impact (DR]) adjacent to PGA Boulevard. Chair Kunkle announced this petition had been withdrawn. Recommendation to City Council (P &Z) Petition SP- 03 -12: Frenchman's Reserve Pod E A request by Brad Currie, agent for Toll Brothers Inc., for a site plan approval of 62 dwelling units on a 17.63 -acre site. Pod E is situated in the central western portion of Frenchman's Reserve Planned Community District (PCD), which is located on the east side ofAlternate AIA, approximately one mile south of Donald Ross Road. Senior Planner Natalie Wong presented the project. Vice Chair Present expressed his opinion that because space was tight, it might help to do an overlay to see which layout worked best and possibly to restrict a specific model because of its layout. Mr. Glidden agreed these were unusually tight lots. Mr. Glidden requested that any decorative architectural treatments be returned a minimum of 10' and not stop over a window. Jennifer Morton, Land Design South, indicated that the 10' returns could be added as a condition of approval. MOTION: 4 Planning & Zoning Commission Minutes September 9, 2003 Mr. Solomon made a motion to recommend approval of petition SP -03 -12 to City Council, as submitted by staff including Mr. Glidden's additional comments of having 10' returns and not to stop architectural treatments over a window. Mr. Panczak seconded the motion, which carried by unanimous 7 -0 vote. Recommendation to City Council WZ) Petition MISC- 03 -13: Harbour Oaks Development Sign A request by Urban Design Studio, agent for Kolter Property Company, for an amendment to the MacArthur Center Signage Program, to allow for a residential development sign for `Harbour Oaks' to be located at the northeast corner of Gardens Parkway and Valencia Gardens Avenue. Senior Planner Natalie Wong presented the project. The commissioners had no questions or comments. MOTION: Mr. Panczak made a motion to recommend to City Council approval of Petition MISC -03 -13 as presented. Mr. Pennell seconded the motion, which carried by unanimous 7 -0 vote. Recommendation to City Council (P &Z) Petition SP- 03 -03: The Landmark A request by Cotleur and Hearing, agent for Home Development Corporation, for a site plan approval of 166 residential condominium high -rise units, within one seventeen -story tower, and two fourteen -story towers. The 4.48 -acre site is located within the Regional Center Development ofRegional Impact (DRV at the southwest corner of Gardens Parkway and Fairchild Gardens Avenue. Mr. Glidden stepped down due to conflict of interest. Senior Planner Natalie Wong presented the project. Brian Cheguis of Cotleur and Hearing agreed with all conditions of approval as presented. Dr. Rod M. Davis, M.D., a resident of Ballenlsles, And commented to the commission that he did not understand how rules could be casually waived. Dr. Davis requested that the commission not give a waiver just for one building, but instead change the rules. Dr. Davis stated that going to 200' was a 200% increase and he was against the waiver. Dr. Davis stated he was against 9' parking spaces; that the requirement was 200' setback and the applicant was asking for 20'. Dr. Davis expressed his opinion this project should be located on 30 -40 acres, not 6 acres, and that a 17 -story building did not belong in Palm Beach Gardens. Mr. Cheguis announced that a representative of Home Development Company was present, and presented background on the company. Mr. Channing commented he would want to be absolutely certain this would be the only project of its kind, and he had not heard assurance from staff or from the City Attorney that no one else could do this. Mr. Channing stated he loved what he saw and did not mind something at this location, but there was a lot at stake for this city. Mr. Solomon stated he had a problem since he thought the project was too large and massive 5 Planning & Zoning Commission Minutes September 9, 2003 for the site. Mr. Solomon expressed his concerns about lot coverage and lack of setbacks,. Mr. Solomon commented that the architecture was fine, but he could not get past the site issues and density. Vice Chair Present disclosed he had met with the applicant, and thought the architecture was fine. Mr. Present asked if there had been any letters of complaint. Staff explained that one letter had been received from Mall Properties objecting to many issues which would be distributed. Mr. Present expressed concern that this was the only place a high rise like this could be built and asked staff if when considering the waiver if they took into consideration the open expanse of water and the open space around it. Ms. Wong explained that the waivers had been justified by staff because of the pedestrian amenities on and around the site and the additional architectural features on the building. Mr. Pennell commented everyone was stunned by the size and height. Mr. Pennell commented that because of the DRI this was the only place this density could be allowed on that size site, that it was a beautiful project, that he agreed with staff on the waivers, and expressed his opinion that the parking garage landscaping should be more stringent because of the view from upper stories. Mr. Pennell stated he was in favor of this project because of what the applicant had done and the location and because staff was comfortable with the way it fit into the City. Mr. Panczak commented this was new urban style living and this was the only appropriate location. Mr. Panczak noted the setbacks should be considered from PGA Boulevard and Alternate Al A, and he thought this was a great project. Steve Mathison, attorney for the project, stated the project fulfilled the goals of the DRI to solidify the core of an urban center and advised that the Treasure Coast Regional Planning Council and the developer of the Gardens Mall supported the project. Attorney Mathison reported he had asked Cotleur and Hearing to submit a letter addressing non-possibilities ofthis type of building elsewhere in the City; however, Ms. Wong stated she had not seen it. Dennis Conway, representing 791 homeowners in Cabana Colony, stated the residents of that community would live in the shadow of this project which they believed would compromise their privacy and they would never feel like they had privacy again. Mr. Conway expressed concern this might set precedent, presented a hypothetical situation where such a project might be built in PGA National, expressed agreement with Dr. Davis, stated the integrity of the builder was not in question, that the main objection was to the height, and stated that Cabana Colony felt it was not appropriate from their perspective. Chair Kunkle advised there would be public hearing opportunities at City Council level and residents could call Ms. Wong for the dates. Ms. Wong stated she had located in the file the document referred to by Attorney Mathison. Mr. Present stated he was struggling with the setbacks versus height on such a small site and was concerned about visibility to the north and northeast, and stated he did not know how many stories would be acceptable. Attorney Mathison stated the applicant would work with the neighbors. Mr. Solomon noted that the commission should not be persuaded by the position of the mall developer but must exercise their own judgment. Mr. Solomon suggested that one or two less buildings could provide more a more desirable site plan; that the applicant was overdoing the synergy aspect; that focus should be on what the developer was bringing to the site. Mr. Solomon expressed his opinion that it was not justification for the project to say there would never be another one like it and it must stand on its own. Mr. Channing commented he liked the character of this city and the landscaping was the dominant element with buildings being secondary. With a higher FAR this could change the character. Loehmann's project was not on the applicant's map and that would be a perfect place for redevelopment and they could ask for the same thing and say that was really the last place. Mr. Channing stated he 31 Planning & Zoning Commission Minutes September 9, 2003 wanted to hear from the City attorney and staff that this was the last place this could happen or that it would be nearly impossible to happen again. Mr. Wu responded the staff would not say things would stay forever, that the comp plan was a living document, and Mr. Channing's concerns would be well documented, and his concerns were valid. MOTION: Mr. Panczak made a motion to recommend to City Council approval of Petition SP -03 -03 with the waivers and conditions of approval as submitted. Mr. Pennell seconded the motion. The vote on the motion was 4 -2, with Mr. Solomon and Mr. Channing opposed. Mr. Glidden was re- seated on the Commission. OLD BUSINESS There was no old business to come before the Commission. NEW BUSINESS Chair Kunkle reported he had pulled out of the Mirasol presentation pages 17 -18 of the October 2000 development order regarding intersection improvements, and that there had been a horrific accident at that intersection. Chair Kunkle asked if there was anything the City could do to make it better. Mr. Wu responded that staff had looked into that intersection because of that accident and found that traffic counts were needed to warrant a light. Mr. Wu reported staff was looking into this to see what could be done. Vice Chair Present commented that the building considered for third floor signage tonight had probably been designed with the intent of that third story band for signage, and buildings should be designed to the City's rules so as not to have to request a waiver. Mr. Present commended the Commission for not approving that third -story signage. Mr. Glidden stated there was no doubt the building was designed for that, and stated their signage was not addressed because they did not show what signage they wanted after the Commission did not approve the third -story signage. Mr. Present commented if it came back and the applicant brought the band down to the second floor it would look good. Mr. Pennell commented that was an extra sign. 7 Planning & Zoning Commission Minutes September 9, 2003 ADJOURNMENT There being no further business, the meeting held September 23, 2003. APPROVED: Barry Preselik, Vice Chair at 8:48 p.m. The next regular meeting will be Azcq Be,Ay Laur, Secretary f br the Meeting 8 i<. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME - FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE GLIDDEN, JOHN PLANNING & ZONING COMMISSION MAILING ADDRESS 8 HUNTLY CIRCLE THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: X CITY' COUNTY OTHER LOCAL AGENCY CITY PALM BEACH GARDENS COUNTY PALM BEACH NAME OF POLITICAL SUBDIVISION: CITY OF PALM BEACH GARDENS DATE ON WHICH VOTE OCCURRED: SEPTEMBER 9, 2003 MY POSITION IS: ELECTIVE APPOINTIVE X WHO MUST FILE FORM SQ This form is for use by any person serving at the county, city or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION '11 '12.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which insures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which insures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which insures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which insures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, John Glidden, hereby disclose that on SEPTEMBER 9,2003: (a) A measure came or will come before my agency which (check one) inured to my special private gain; or _x inured to the special gain of _HOMEDEVCO_, by whom I am retained as the Architect for The Landmark Project. (b) The measure before my agency and the nature of my interest in the measure is a follows: Date Filed Si ture NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. G:%ADMIMPERSONALUOWP&ZU ANDMARKeoffwmtogo=.wpd Page 2