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.
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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-
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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.
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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
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etty Laur, ,9ecretary for the Meeting