HomeMy WebLinkAboutMinutes P&Z 022404•
CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
REGULAR MEETING
February 24, 2004
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.
Chair Kunkle announced that a good friend had been lost when Hank Skokowski, Urban Design Studio,
had been killed in a traffic accident while on vacation in Australia, and extended condolences on behalf
of the Commission to his son and daughter and the rest of the family. Mr. Skokowski was frequently in
attendance at the Planning and Zoning Commission meetings, and would be missed. Chair Kunkle
announced that a Hank Skokowski Art in Public Places Memorial Fund had been established,
administered by Boose, Casey, Ciklin, and for more information any member of the staff could be
contacted. Mr. Glidden and Mr. Channing spoke in tribute to Mr. Skokowski, after which there was a
5- minute break. The meeting reconvened at 6:45 p.m.
• REPORT BY GROWTH MANAGEMENT ADMINISTRATOR
There was no report by the Growth Management Administrator.
APPROVAL OF MINUTES
Mr. Hansen made a motion to approve the minutes of the February 10, 2004 meeting as submitted. Mr.
Pennell seconded the motion, which carried by unanimous 7 -0 vote.
ROLL CALL
Betty Laur, Secretary for the meeting called the roll for the Planning & Zoning Commission:
Present Absent
Chairman Craig Kunkle
Vice Chairman Barry Present
Chairman Pro Tern John Glidden
Joel Channing
Dennis Solomon
Douglas Pennell
• Randolph Hansen
Planning & Zoning Commission Minutes
February 24, 2004
Alternate Michael Panczak
Also in attendance were Growth Management Administrator Charles Wu, Principal Planner Talal
Benothman, Senior Planner Kara Irwin, City Forester Mark Hendrickson, and City Attorney Christine
Tatum.
Public Hearing and Recommendation to City Council (P &Z)
Petition PUD- 01 -13: Non Residential MXD Waiver, Rezoning, Master Plan, and Conditional Use
Approval for the Borland Center /Palm Beach Community Church
A request by Cotleur and Hearing, agent for The Borland Center and RAMDevelopment, for a non-
residential MXD waiver, a property rezoning from Planned Development Area (PDA) to Mixed Use
Planned Unit Development (MXD /PUD), master plan, and a conditional use approval to allow for the
development of the project which includes 64,533 square feet (500 -seat small theater, and 300 -seat
banquet hall, Sunday School and accessory facilities) for a cultural center and church offices, 64,025
square feet for retail space, 19,950 square feet for restaurant space, 10,900 square feet for office
space, and 225 rental units on an approximately 47 -acre site. The subjectproperty is located along
the north side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive.
• Senior Planner Kara Irwin presented the project. Mr. Hansen asked if on the conditional use the cultural
center, theater, and church were all the same element. Ms. Irwin responded that the uses were a 500 -seat
theater and cultural center, and a 300 -seat banquet facility was separate. Mr. Hansen questioned since
the drawings indicated 533 seats, whether the applicant was limited to 500. Ms. Irwin responded they
could build up to 1,000 so they could build 533. Mr. Channing commented the presentation had been
great and questioned the on -site mitigation. Ms. Irwin responded that the site plan showed a proposed
mitigation area and proposed buffers. Mr. Glidden stated the presentation was great, and asked if staff
was recommending all mitigation be on site. Ms. Irwin responded that at least 50% mitigation must be
on site, which had been policy for recent projects, and anything less was unacceptable. The other 50%
could be off -site as had been done by Legends of the Gardens. Discussion ensued regarding other
projects that had provided both on and off -site mitigation. Ms. Irwin explained that staff would prefer
100% on -site but under present policy 50% was required.
Casey Cummings, Ram Development, spoke on behalf of the applicant and highlighted some of the
changes made in response to comments made at the January 13th meeting. The applicant agreed with
staff recommendation regarding the MXD question, with Mr. Cummings stating they believed they had
met three criteria but only two were required; they agreed with the conditional use. Ed LeBlanc,
Architect for Palm Beach Community Church portion of the Borland Center, described changes made to
architectural details and described proposed materials. Mr. Cummings reported the applicant had
responded to comments that the drawings were hard to refer from one to another. Mark Weiner,
Architect for the residential and retail portions, described details they had added. Donaldson Hearing
commented on issues regarding the site plan and explained they had provided similar landscape
• treatments at both the eastern and western entrances; advised that the western buffer would be added to
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February 24,2004
this phase of the project, and a 30' buffer added to the 50' right -of -way would make a total of 80'
buffered. Transportation Planner Kayhart Pinder reported that installation of a traffic signal at Shady
Lakes Drive and PGA Boulevard was governed by the Department of Transportation and Palm Beach
County and they would not give approval until traffic volumes met their warrants. Mr. Pinder advised
the applicant would monitor volumes and when they were met would go to the appropriate agencies for
their approval. If Shady Lakes Drive were extended to Central Boulevard, this street would become part
of the City's street plan, but now it was more like a private driveway.
Mr. Cummings commented on conditions of approval 6 and 15 that the applicant was not prepared to
provide pedestrian scale lighting along all rights -of -way. Condition 8: Palm Tran had indicated no
interest in a transit stop and shelter along PGA Boulevard so the applicant was not willing to erect a
shelter until transit became available but would then proceed with designating a suitable area within the
project for a covered area. The applicant did not agree with "on site preserve" at the end of conditions
13 and 14. Mr. Cummings commented on "roadway maintenance" in condition 16: that the applicant
was not willing to provide maintenance to all adjacent roadways; and in condition 17 the applicant was
only willing to maintain their side of the landscaping along Shady Lakes Drive and PGA Boulevard.
Conditions 19 and 20 regarding converting reclaimed irrigation pertained to agreement between the
applicant and Seacoast Utilities, but if reclaimed water was available they would like to use it.
• Ed Weinberg, Environmental Consultant, expressed his opinion that not allowing off -site mitigation was
more of a policy decision than an ecologically sound scientific principle, since isolated islands
surrounded by urban development could result in loss of wildlife rather than gain, and public benefit
provided by having some preserve east of I -95 was not an ecological principle. It was Mr. Weinberg's
conclusion that there would be more ecological benefit from having all of the mitigation area off -site
where proposed by the applicant. Mr. Cummings added that the area offered was 5 -6 times the area they
were being asked to preserve on -site.
Chair Kunkle declared the public hearing open. Siro DeGasperis recommended approval of the project.
Sherri Renner also recommended approval. Robert Nodus requested to yield his time to another speaker,
which was not allowed. Richard Orman paid tribute to Hank Skokowski. Mr. Orman spoke as a
resident and expert witness and provided his qualifications to be entered into the record. Mr. Orman
advised there was no horizontal integration on the site, expressed his opinion that the wrong uplands
were being preserved and the preserve should be in the intact natural environment, discussed planned
unit development, and his opinion that allowing the applicant to go forward with a large green area on
which development would be determined later did not comply with the intent of a PUD.
Following a short break, the meeting reconvened at 8:30 p.m. Alternate Michael Panczak left the
meeting at 8:30 p.m. The public hearing being still open, the next speaker was Cameron Carnegie, who
requested the sidewalks remain accessible during construction. Paul Auerback, resident and attorney for
PGA Corridor Coalition, questioned the number of seats allowed and requested the whole plan be
approved at one time, stating the project with 2300 seats would not be compatible with the surrounding
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area. Paul Connealy spoke in support of The Borland Center and requested approval. Micah Simpson
asked that the dangerous traffic situation on PGA Boulevard be considered. Doug Frevert spoke in favor
of the project and encouraged approval with the mitigation waiver. Sally Benson favored approval of the
project, which she believed would bring a traffic light. Deborah Hoeft supported the project and urged
its approval. Diane Worthington requested to yield her time and stated she resented not being able to do
so. Gary Kendall expressed excitement over the project and encouraged approval. Robert Davis
expressed concern that a 3,000 -seat auditorium would be added later where the large green space was
shown and expressed his opinion that the whole plan should be laid out at once. Nick Van Nice spoke in
favor of the project and felt property values in Shady Lakes would go up as a result of the project. Eileen
Tucker was opposed to the project, feeling it would lower property values in Shady Lakes and that this
large project did not belong on PGA & Military. Judy Steinbauer, manager of Garden Lakes
Homeowners Association, expressed concern that the project was being considered with the large green
space and with 4 -story apartment buildings. Tommy Keidis spoke in favor of the project and requested
approval. Chris Siggins expressed appreciation for the work done by the Planning and Zoning
Commission and his opinion that the project was important for the City. Bulent Kastarlak expressed his
opinion a PUD must be considered all at once, that the large green space could become an outparcel, and
a large 3,000 theatre should be a regional facility - -and urged the City to find an appropriate location for a
regional facility rather than in this project and to consider the impact of Scripps. Carolyn Chaplik
expressed concern there would be an over supply of luxury apartments. Vito DeFrancesco commented
• the City was considering the property in The Commons residential when it was mixed use, and that
would change the 83 percent used for residential in the staff report. Mr. DeFrancesco expressed his
opinion this was not a complete submittal, and recommended calling this project residential mixed use,
and giving a conditional use for the church, which would negate issues such as why the whole project
was not considered in the beginning and the 83 percent not really being 83 percent. This would take a lot
of pressure off everyone. Hearing no further comments from the public, Chair Kunkle declared the
public hearing closed.
Talal Benothman clarified that the county would install a traffic light when warranted. Mr. Benothman
clarified the issue of the number of seats —that the applicant was only requesting 500 seats for the
church, which had a dual use —to function as a church or as a small theater; plus a 300 seat banquet
facility. The total requested seats was therefore 800. Mr. Cummings clarified that the second story
residential units would have parking spaces in the garage and they would be designed to condo quality
but could be apartments or condos, whatever code provided. Mr. Benothman commented regarding the
unity issue that Mr. DeFrancesco was asking about a phased PUD but the City could only act on what
was proposed by an applicant, and what had been submitted was approval for the whole PUD as one
phase, and if the applicant chose to show open space because they did not know what would go there,
staff could not compel them to do anything else. Chair Kunkle verified with Mr. Benothman that in
staff s opinion this was a complete submittal that did warrant being before the Commission, and
everything proposed was shown on the site plan.
• Mr. Hansen commented the comments both for and against were very good, and a lot of improvement
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had been made over the past year. Mr. Hansen questioned which drawings were correct —Mr. Weiner
explained the elevations in the packet were more detailed and more accurate. Mr. Hansen brought up a
question whether the Garden Lakes homeowners wanted the wall along their border. During discussion,
it was learned they did not want the wall, and Mr. Hearing advised the applicant would do whatever the
residents wanted regarding the wall.
Mr. Pennell commented he believed the applicant had met the test of what was asked by staff, staff had
done a lot of work, and the applicant also had done a lot of work. Mr. Pennell agreed with all staff
recommendations, even the condition on vegetation preservation because the overlay referred to
vegetation protection, not so much to wildlife. Mr. Pennell agreed with Mr. Cummings' comments on
the conditions except 13 and 14, which related to the mitigation. Mr. Pennell clarified that in order for
the open space to be developed, the applicant would have to reapply and go over everything again. Mr.
Benothman indicated there would be a condition of approval that the waiver would be conditional so that
anything the applicant proposed in the future anywhere on the site, the waiver would have to be revisited
to assure the four criteria were met. Mr. Pennell stated he had confidence there would be a traffic signal
and Shady Lakes Drive would be extended, and these issues would be ironed out in the future.
Mr. Present expressed concern about traffic, and commented he had stated before that he wanted to see
Shady Lakes Drive connected to 117th Court North as a condition of approval, otherwise he would not
is support the project, and asked if the applicant would consider that as an additional condition. Mr.
Cummings responded the applicant had been consistent in saying they would designate their traffic
impact fees toward that effort, and the fees would come close to covering it, but he thought road building
was the City's job because he did not know how the applicant could control it, and he would encourage
the City to do so. Mr. Wu commented it was the City's position that Shady Lakes Drive was part of the
thoroughfare plan, and current status was that City Council had asked staff to revisit that link of the
thoroughfare plan. If City Council decided to keep it on the plan, Mr. Wu advised that the Commission
or Mr. Present could recommend to City Council that its construction should be high priority in light of
the Borland Center plan. Mr. Cummings commented it should not be understated that the landowner
would be dedicating 3 acres of right -of -way and wanted to encourage construction of the roadway.
Mr. Solomon commented there was vesting in terms of concurrency because of the forbearance
agreement and if the City were to require the applicant to do something more, by extending Shady Lakes
Drive, that would be like doing away with the concurrency and he did not think it would be fair. Mr.
Solomon requested the City's position on the applicant's objections to the conditions. Mr. Benothman
explained that regarding conditions 19 and 20 - -the gray water/ non -gray water issue which the applicant
felt should be between them and Seacoast Utility – that previous owner WCI had a deed restriction that
they could take the reclaimed water, and they were using it to irrigate golf courses in Old Palm. Mr.
Benothman indicated the City wanted to be sure there was a viable water source to irrigate any
landscaping they approved. Mr. Cummings indicated the applicant understood it was their responsibility
to irrigate, but wanted to be free to negotiate with WCI or Seacoast. Mr. Solomon confirmed with Mr.
Benothman that from the City's point of view, the important thing was that there be water available
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February 24, 2004
whether reclaimed or not, from Seacoast or any other source. Mr. Benothman confirmed if this were
approved to go forward to City Council tonight that suitable language could be worked out for conditions
19, 20 and 17. Mr. Cummings clarified that in Condition 17a he wanted it to say the applicant was
responsible for 50% of the cost, to which Mr. Benothman agreed. Mr. Solomon indicated that Condition
16 should state the applicant was responsible for lighting, landscaping, and irrigation maintenance on
their site, which was agreeable. Mr. Benothman advised that condition 17b would be discussed with the
applicant and something would be worked out. Mr. Solomon asked in condition 8, transit stop, if the
language "in the future and internally on site" would be acceptable, to which Mr. Benothman responded
that applicants met with Palm Tran to see where they would like a transit stop, and there was a plan
already approved by City Council for such a shelter, but he doubted Palm Tran would find it feasible in
the future to place a bus shelter internally on site instead of along PGA Boulevard. Mr. Solomon asked
if the engineering conditions were in addition to the conditions in the staff report, which Ms. Irwin
confirmed. Mr. Solomon indicated he thought this project was a reasonable use of the land, it was a
good project overall and had been improved at every step, for which the Commission, staff, and the
applicant deserved credit. Mr. Solomon commented everyone wanted the traffic light, and suggested
calling the Department of Transportation, but it was really based on traffic counts, and speeding was a
law enforcement issue. Mr. Solomon expressed his opinion that the project would benefit the
community; the vacant open space was basically not a part of the plan, and if sold, a new owner would
have to come back to the City. Approval was not giving anything to the applicant for a future plan.
is Capacity and fire codes would limit additional seating. Mr. Solomon commented he could see the
mitigation either on or off -site and that was not a strong issue with him Mr. Solomon stated he would
support this project subject to language modifications discussed.
Mr. Channing commended staff for their work on this complex project and their understanding of every
detail. Mr. Channing discussed details on the plan that did not read well —Mr. Weiner indicated those
would be called out. Mr. Channing recommended to Mr. Weiner that all the lower roof pitches be
changed to make them the same as the upper roof pitches, regarding which Mr. Weiner responded he
would consult with his client. It was confirmed that colors and materials had previously been reviewed.
Mr. Channing recalled that at a previous meeting he had discussed the complexity of the waivers and
how they went together with the different uses and asked if those had been reviewed by the City
Attorney, to which the response was yes. Mr. Channing agreed that the connection to Central Boulevard
should be included by City Council so it would actually be done without further debate. Mr. Channing
indicated he did not feel the preserve mitigation issue on or off -site was that significant but he would like
it where it could help with horizontal connectivity and it would be nice to have it on site.
Mr. Glidden commented everyone had worked long and hard on this and he wanted to move it forward.
Regarding the outstanding issue of the large open space, the developer intended to build there but was
not ready to decide right now, and would be required to come back for full review. Mr. Glidden stated
the issue he felt strongest about was the traffic light, but that was not up to the Commission; but he
believed any motion should have a comment to strongly recommend to the City to take the initiative to
use whatever monies the developer had contributed, including any impact fees, and move forward with
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Shady Lakes Boulevard, because he believed that was the only way there would be enough trips to get
the warrants for the traffic light. Mr. Glidden expressed his opinion that without the roadway extension,
the City would be putting themselves in a precarious position, and the extension must be made a priority.
Mr. Glidden stated no problems with the comments on the conditions of approval but did feel a
commitment should be made to a specific design and location for a bus stop, but not required to be built
yet, and felt staff should decide that before this went to City Council. Mr. Glidden indicated agreement
with Mr. Channing regarding the roof pitches. Mr. Cummings agreed to raise the upper roof pitches to
the same pitch as the lower roofs, across the board. It was clarified that the 30' landscape buffer would
stand whether or not there was preserve on -site. City Forester Mark Hendrickson explained minimum
width for a preserve would be 100' wide. Discussion ensued. Mr. Glidden indicated his position would
be a compromise somewhere between the zero proposed by the applicant and the 100% proposed by
staff, but he could not get his hands around it. Chair Kunkle recommended that be left for City Council
to decide.
Chair Kunkle stated his only concern about this project was its success and he thought it would be
hugely successful— greater than projected —which would bring more traffic. Chair Kunkle asked Mr.
Benothman to provide a projection before it went to City Council of how much traffic this project would
generate, and after the project was built to provide actual counts before this applicant returned with any
plans for the open space, compared to what the projection had been.
• MOTION:
Mr. Solomon made a motion to recommend to City Council approval of Petition PUD -01 -03 with
the seven waivers recommended to be approved in the staff report, denying the request for the
off -site upland mitigation, and with the condition that staff and the applicant work out in the
interim before City Council the language changes discussed during the discussion portion of this
hearing, and including the applicant's agreement to make the adjustments to the roof pitches on
the upper level consistent with Mr. Channing's discussion earlier. Mr. Pennell seconded the
motion. Mr. Present asked if the maker of the motion would consider adding the extension of the
road. Chair Kunkle suggested that Mr. Wu prepare a note before City Council for Chair
Kunkle's signature outlining this Commission's concern regarding the roadway extension and the
traffic light to take post haste action, to go concurrently with this application but not be tied to this
application. Mr. Hansen asked if the motion included staffs recommendation for denial on the
uplands, which Mr. Solomon confirmed. Motion carried by 5 -2 vote with Mr. Present and Mr.
Channing opposed. Mr. Channing stated he was opposed because for three years he had been
asking this applicant to design the project as an integral part of PGA Boulevard and not to move
Main Street where they had moved it— everything else had been done, but this was the most
important thing, and he knew his vote would not make or break the project. Mr. Present stated he
also knew his vote would not break the project, he supported the project but felt very strong and
off -site improvements were not unusual if someone felt strong about it —which he did about the
traffic. Mr. Present stated he was still going to push for the City to concurrently go with it and
• wished the applicant good luck at City Council.
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February 24, 2004
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Old Business
There was no old business to come before the commission.
New Business
Mr. Wu announced that Saturday morning there would be services for Mr. Skokowski.
• Planning & Zoning Commission Minutes
February 24, 2004
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:05 p.m. The next regular meeting will
be held March 8, 2004.
APPROVED:
Craig Kunkle, Jr., Chair
Barry
Chair Pro Tem
• Joel Charming
Betty Laur ecret ry for the Meeting
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