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HomeMy WebLinkAboutMinutes P&Z 101204PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING October 12, 2004 MINUTES The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach Gardens, Florida, was called to order by Deputy City Clerk Ray Ellis 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. Mr. Ellis administered the oath of office to regular members and then to alternate members. ROLL CALL Betty Laur, Secretary for the meeting called the roll for the Planning, Zoning and Appeals Board:, Present Randolph Hansen Charles Hereford Craig Kunkle Michael Panczak Douglas Pennell Barry Present Dennis Solomon Jay H. Bramson (1s` alternate) Jonathan D. Rubins (2nd alternate) SELECTION OF INTERIM OFFICERS Absent Mr. Hansen nominated Craig Kunkle for Interim Chair to serve until January 2005. Mr. Pennell seconded the nomination, which carried by unanimous 7 -0 vote. Mr. Hansen nominated Barry Present for Interim Vice Chair to serve until January 2005. Mr. Kunkle seconded the nomination, which carried by unanimous 7 -0 vote. ORIENTATION SESSION Mr. Ellis passed the gavel to Chair Kunkle, and introduced staff members who were in attendance. City Attorney Christine Tatum presented the orientation session and noted handbooks of information had been provided. Attorney Tatum reviewed the board and committee system and explained that this summer the City Council had directed staff to reprogram the boards and committees in accordance with Ordinance 17, 2004 and two resolutions which created new committees and uniform rules for all of the city boards. Attorney Tatum reviewed the purpose and duties of the PZA board, and explained there were seven regular members and two alternates, a 4- member quorum, and that three Planning, Zoning, and Appeals Board Meeting Minutes October 12, 2004 Page 2 consecutive absences or missing 25% of all regular meetings in a year would result in removal from the board. The attorney reviewed the sunshine law, public records law, Chapter 112 code of ethics, and the city's conflict of interest policy. A gift of a portfolio for each member was provided by Mr. Ellis. REPORT BY GROWTH MANAGEMENT ADMINISTRATOR Charles Wu, Growth Management Administrator, reported the impact fee ordinance had been adopted at the September 30 city council meeting with one change, that if applicants apply for a substantially complete application and receive a building permit within 45 days they can utilize the old impact fee. APPROVAL OF MINUTES Mr. Hansen made a motion to approve the minutes for September 27, 2004 as submitted. Mr. Pennell seconded the motion, which carried by unanimous 7 -0 vote. EX -PARTE COMMUNICATION The following ex -parte communication was disclosed: Mr. Kunkle met with the petitioner for agenda items 4 and 6. Mr. Solomon had no ex -parte communication. Mr. Present had talked with Don Hearing. Mr. Panczak reported he had been a participating broker when the property for item 3 was purchased and he had met with Mr. Hearing regarding item 6. Mr. Hansen had met with the applicant on agenda item 6. All those intending to speak to any of the cases on tonight's agenda were sworn in. Public Hearing and Recommendation to City Council: Petition CU- 04 -02: Conditional Use Approval — Fairway Office Center A request by Mike Everett of Merin, Hunter, Codman, Inc., for approval of a Conditional Use to allow for a satellite university to locate within the Fairway Office Center. The Fairway Office Center is located within the PGA National Planned Community Development (PCD), which is located at the southwest corner of the Ronald Reagan turnpike and PGA Boulevard. Planner Autumn Sorrow presented the project. Mike Everett spoke representing the applicant, and advised that the PGA National POA approval was not required. The hours of lighting on the parking lot would not change; the lights would continue to remain lit all night next to the building. Campus Director Jamie Celis explained that there were no expansion plans at this time. Staff was estimated to be 10 to 15 starting out. Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle declared the public hearing closed. Planning, Zoning, and Appeals Board Meeting Minutes October 12, 2004 Page 3 MOTION: Vice Chair Present made a motion to recommend to City Council approval of Petition CU- 04 -02. Mr. Pennell seconded the motion, which carried by unanimous 7 -0 vote. Public Hearing: Petition: VAR- 04 -06: Rear Setback Variance_for the Moore Residence at 8193 Damascus Drive. Lot 107. Horseshoe Acres Mr. and Mrs. Jerry H. and Cynthia Moore of 8193 Damascus Drive are requesting a variance from Section 78 -141, Table 10, Minimum Building Setbacks, of the Land Development Regulations of the City Code, to allow a rear setback reduction from the required 40.0 feet to 18.6 feet and a side setback reduction from 20.0 feet to 6.9 feet in order to construct a 1,800 square foot garage at the rear (southwest corner) of Lot 107 in Horseshoe Acres. Planner Jackie Holloman presented the request and explained that Steeplechase was on the other side of the canal, property owners within 500' had been notified twice, and the HOA had changed their policy by putting another building in the rear. Mr. Present indicated he saw this as a major, not minor, encroachment. Applicant Jerry Moore answered questions from the board, indicating the building had a steel frame, stated that he would add windows, described proposed landscaping, and that this would be auxiliary storage space for his boat and motor home. Mr. Hansen stated he believed conditions did not exist for granting this variance and that a special condition would be created and that this was not in harmony with the intent of the zoning code, and that the request was too extreme for this board. Mr. Bramson commented he thought this was a light industrial structure and it did not belong in this development. Mr. Rubins concurred with Mr. Hansen. Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle declared the public hearing closed. Mr. Moore provided a presentation. Mr. Solomon commented aesthetics must be considered by this board and he believed the application was incomplete without a landscape plan. Mr. Pennell expressed his opinion that the back side should mirror the front as a condition of approval. Mr. Hansen stated he believed this was an issue between the applicant and the HOA and this board should not grant a variance, since a hardship did not exist from the standpoint of this board. Mr. Wu stated the staff report was clear; that staff believed there was a hardship. MOTION: Mr. Solomon made a motion to approve VAR -04 -06 with the following conditions: Planning, Zoning, and Appeals Board Meeting Minutes October 12, 2004 Page 4 1. The building will be used strictly for garage storage and is never to be used for residential purposes. 2. The rear elevation west side wide facing the canal shall be modified to have at least three windows similar to the one shown on the east side facing the pool and if possible one door. 3. Applicant shall submit to staff a site plan landscape drawing showing the location of new trees and shrubs that the HOA is imposing on the applicant and a foundation planting along the west side of the canal which shall be a 3' -4' hedge. 4. Mr. Panczak seconded the motion, which carried by 5 -2 vote with Mr. Present and Mr. Hansen opposed. Public Hearing: Petition: VAR- 04 -07: Side Setback Variance for the Shumwav Residence at 100 Woodsmuir Court, Lot 130, Preston at PGA National Resort David Porter, A.I.A., agent for Mr. and Mrs. John and Sally Shumway, is requesting a variance from Section 78 -141, Table 10, Minimum Building Setbacks, of the Land Development Regulations of the City Code, to allow a side setback reduction from the required 18.3' feet to 10 feet in order to construct a 157-square-foot closet on the west side of the Shumway's residence at 100 Woodsmuir Court, Lot 130, within Preston at PGA National Resort Planned Community Development (PCD). Planner Jackie Holloman presented the variance request. Mr. David Porter, architect, was present to answer questions on behalf of the applicant. Mr. Present asked if there was any other place to add the closet within the house, to which Mr. Porter's response was no, and that the house was not built by the applicant. Ms. Holloman explained the hardship was because the house was not centered on the property. Mr. Present noted this was not a minimum variance, it was a 45% variance. Mr. Porter advised that the Preston community was originally approved for 10' side setbacks. Mr. Hansen agreed 10' setbacks were common in PGA National. Mr. Bramson agreed a 10' setback was rational. Chair Kunkle commented the variance was for lineal north /south dimension and not the entire lot. MOTION: Mr. Hansen made a motion to approve petition VAR- 04 -07. Mr. Panczak seconded the motion, which carried by unanimous 7 -0 vote. Following a 10- minute break, the meeting reconvened at 8:10 p.m. Workshop: Petition: SP -04 -14 — Bascom Palmer Eve Institute Site Plan amendment Don Hearing of Cotleur & Hearing, Inc, agent for the Opthalmology Research Foundation- Bascom Palmer Eye Institute, is requesting an amendment to an approved site plan to allow three medical office buildings to be located on a 7.02 -acre parcel at Planning, Zoning, and Appeals Board Meeting Minutes October 12, 2004 Page 5 the southwest corner of PGA Boulevard and Fairway Drive in the PGA National Planned Community District Planner Jackie Holloman presented the project. Mr. Panczak asked if the present monument signs were to be removed, to which Ms. Holloman responded a letter had been distributed from the PGA National POA which stated the monument on the northeast corner of the site was to be rebuilt by Bascom Palmer and its design had not yet been approved by the POA. Don Hearing presented the project on behalf of the applicant. Mr. Hansen liked the solution for connectivity between the buildings. Mr. Hearing described the parking space sizes as a total of 25 9'2" spaces; all others were at least 9-1/2' and they were 9-1/2' where the two spaces met. Mr. Hansen favored at least 9 -1/2' spaces. Mr. Hansen thought the covered parking roof pitch should match the other buildings, and stated he had no problems with the signage as requested. Mr. Hansen commented rooftop equipment might be visible on building B in one spot and requested that be addressed. Mr. Hansen stated he had no problem moving this on if his comments were addressed. Mr. Panczak asked about plantings on the landscape diamonds, which were described as oak or gumbo limbo trees and in between would be triple Christmas palms. Mr. Wu indicated the City Engineer had approved parking. Mr. Panczak favored moving this petition forward. Mr. Pennell also favored moving forward. Mr. Present noted he shared Mr. Hansen's comments on the parking spaces, and he would like the spaces to be larger. Mr. Present indicated he understood having donor names as signage but cautioned that the next applicant might ask for the same thing for tenants. The building height was discussed. Mr. Present indicated he favored moving this forward. Mr. Solomon commented the city was lucky to have such a prestigious institution and asked what other conditions might be considered as conditions for city council. Ms. Holloman advised staff would like final approval from the engineer, approval by DRC, fire, and police, and staff could deal with the issues. Mr. Hearing indicated he would update the photometric plan prior to city council. Mr. Hearing described colors and materials and displayed a sample board. Mr. Hearing answered Mr. Solomon's questions regarding various items including drainage, signage, on -site vegetation, etc. Mr. Hearing indicated all comments by this board would be addressed with the Growth Management Director before moving to city council. Mr. Bramson noted on one site plan the covered parking was to match the building architecture, but that was not on the other site plan. Mr. Hearing noted the change. Mr. Hearing confirmed that all tenants would be related to the research foundation and Bascom Palmer. Note: Please refer to minutes of the October 26, 2004 meeting for reference to the motion made by Mr. Panczak to recommend to City Council approval of Petition SP -04- Planning, Zoning, and Appeals Board Meeting Minutes October 12, 2004 Page 6 14 — Bascom Palmer Eye Institute Site Plan amendment, with the conditions and waivers recommended by staff, seconded by Mr. Pennell and unanimously carried.) Recommendation to City Council. SP- 04 -08: Mirasol PCD — Parcel 17 SP- 04 -09: Mirasol PCD — Parcel 25 A request by Anne Booth of Urban Design Studio on behalf of Taylor Woodrow Communities, for site plan approval of Mirasol Parcels 17 and 25. Parcel 17 consists of 31 single-family custom homes on an approximately 9.73 -acre site; and Parcel 25 consists of 56 single-family custom homes on an approximately 22.5 -acre site. The Mirasol Planned Community Development (PCD) is located at the northwest corner of the Florida Turnpike and PGA Boulevard Senior Planner Brad Wiseman presented the project. Anne Booth spoke representing the applicant, and explained that Kenco and Taylor Woodrow would be the builders. MOTION: Mr. Hansen made a motion to recommend to City Council approval of SP -04 -08 with the waivers and conditions presented by staff. Mr. Solomon seconded the motion. Mr. Panczak disclosed that his wife worked for Kenco Communities. Motion carried by unanimous 7 -0 vote. MOTION: Mr. Hansen made a motion to recommend to City Council approval of SP- 04- 09with the waivers and conditions presented by staff. Mr. Pennell seconded the motion. Motion carried by unanimous 7 -0 vote. Public Hearing and Recommendation to City Council Petition: PUD -04 -15 — Garden's Station PUD/MXD A request by Mr. Jim Griffin, agent for PGA Development Associates, Inc., for approval of a rezoning from Research and Light Industrial Park (Ml) zoning designation to a Mixed Use Planned Unit Development (AMIPUD) Overlay zoning designation allowing for the development of approximately 30,000 square feet of medical use, 36,000 square feet of office, and 12,000 square feet of financial and retail space. The subject site is located south of Parcel 5B, north of RCA Boulevard, east of Loehmanns Plaza, and west of the FEC Railway. Planner Autumn Sorrow presented the project. It was confirmed that medians would be required within the road right -of -way. City Forester Mark Hendrickson addressed the quality of the uplands, describing the trees as nice pines but not quality and since the site was so small recommended adding to the land out west. Don Hearing presented on behalf of the applicant and noted Jim Griffin was present. Mr. Hearing addressed comments from the board made during the last presentation. Planning, Zoning, and Appeals Board Meeting Minutes October 12, 2004 Page 7 Mr. Hansen reported he met with the applicant the previous day and commended their response to the comments by the board. Mr. Hansen suggested if a financial institution occupied the building he would not like 9' parking spaces around it, and making the parapets 3' higher would enhance the appearance of the 2 -story look from the end elevation. Mr. Hearing agreed to make those changes. Mr. Hansen stated he did not care about real occupancy of the second story. Mr. Hearing advised the transition to narrow the median would be approximately 50' into 5B. Mr. Present requested parking spaces that were 9' be 9 -12' or 10', to which Mr. Hearing agreed. Mr. Pennell stated he supported all of the waivers and he did not want to give up the entire median in 5B but agreed with the transition suggested by Mr. Hearing. Mr. Present stated he had no problem with the second story not being occupied. Mr. Solomon reported he met with Mr. Hearing the previous week. Mr. Solomon stated his understanding the actual requirement was the second story space must actually be used and the applicant should comply with that and come back with a plan, or the board should recommend that city council not approve as submitted. Mr. Hearing explained this was not a part of NorthCorp. Mr. Solomon commented it should be looked at on its own and not as a part of NorthCorp; he did not agree with 9' parking spaces and felt there should be a revised plan showing 9 -1/2' spaces; he felt the buildings were weak architecturally; deferred to staff regarding the median; did not see moving this forward with the staff recommendation because staff recommended denial of the second story space use; and requested a new drawing before sending on to city council. Mr. Kunkle stated he supported the applicant's request for no occupancy. Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle declared the public hearing closed. MOTION: Mr. Hansen made a motion to recommend to City Council approval of PUD -04 -15 with all requested waivers with the exception that the applicant provide a minimum of 10' wide parking spaces around the perimeter of the 4 -story building on the west side and that current elevations of the one -story building be enhanced on building masses that come to a point where they return that parapet and roof lines be raised a minimum of 3' from what currently exists, plus condition of approval 14 shall provide the median not be required now but look at it when Parcel 5B comes before the board. Mr. Wu asked if on the second floor on the east side those were actual windows. The response was, yes. Mr. Hansen also clarified that on the west side there would be 10' parking spaces around the building with the remainder to stay at 9'. Mr. Panczak seconded the motion. Mr. Solomon commented in the future ownership of these buildings they could be separated so there was nothing a property owner association would be needed for. The applicant was to discuss this with the City Attorney. Motion carried by 6 -1 vote with Mr. Solomon opposed because it did not have actual usable second -story space on the east side. Planning, Zoning, and Appeals Board Meeting Minutes October 12, 2004 Page 8 OLD BUSINESS There was no old business to come before the board. NEW BUSINESS Mr. Wu advised he could personally deliver the plaque which had been made for Mr. Channing. Mr. Present requested after the first short agenda to invite Mr. Channing and Mr. Glidden to go for a drink after the meeting and to coordinate with Mr. Wu to give Mr. Channing his plaque that night. Mr. Present noted there may be code violations in Horseshoe Acres. Mr. Present commented when he had been on the campaign trail it was obvious people wanted variances to be the exception as opposed to being the rule. Mr. Present asked staff to look at that and make a presentation to the PZA board to clarify variances and waivers, and stated he did not want to give the impression that this board rubber- stamped them. Mr. Panczak noted it needed to be explained to the general public that the city was a work in progress. The "rubber stamp" comment bothered Mr. Kunkle and he commented the public should look at how successful new projects were. Mr. Pennell commented the board did not rubber stamp projects because each case was judged on its own merit. Planning, Zoning, and Appeals Board Meeting Minutes October 12, 2004 Page 9 ADJOURNMENT There being no further business, the meeting was adjourned at 10:00 p.m.. The next regular meeting will be held October 26, 2004 APPROVED: -1-st Aliternate Jay H. Bramson 2nd Alternate Jonathan.D. Rubins ^ chOL kc'� Do� etty Laur, ,9ecretary for the Meeting