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HomeMy WebLinkAboutMinutes P&Z 012505PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING January 25, 2005 MINUTES The Regular Meeting of the Planning, Zoning and Appeals Board 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 DIRECTOR There was no report by the Growth Management Administrator. APPROVAL OF MINUTES Mr. Present moved approval of the minutes of the January 11, 2005 meeting as submitted. Mr. Hereford 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 and Appeals Board: Present Craig Kunkle, Chair Barry Present, Vice Chair Dennis Solomon Randolph Hansen Michael Panczak Douglas Pennell Charles Hereford Jay H. Bramson (1St alternate) Jonathan D. Rubins (2nd alternate) Absent All those intending to offer testimony in tonight's public hearings were sworn. Public Hearing & Recommendation to City Council. Petition LDR -04 -14 10rdinance 3, 2005: LDR Text Amendment — PCDs or Amendments Thereto Within Approved DRIB A request by Alfred J. Malefatto, Esquire, of Greenberg Traurig, P.A., on behalf of Avatar Properties, Inc., to amend Section 78 -46, Code of Ordinances, entitled Application Procedures to clarify the necessary unified control documentation and owners agreements required for amendments to approved Planned Community Developments (PCDs) that are within approved Developments of Regional Impact Planning, Zoning, and Appeals Board Meeting Minutes January 25, 2005 Page 2 (DRIB); and to amend Section 78 -155, Code of Ordinances, entitled PCD — Planned Community Development Overlay District to clarify the aforesaid necessary unified control documentation. Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle declared the public hearing closed. The only member of the Board who reported ex -parte communication was Jonathan Rubins, who reported he had spoken to Mr. Ingrando, Ms. Peeples, and Ms. Heaslip, who all were members of the Bent Tree Board of Directors. MOTION: Mr. Solomon made a motion to continue Petition LDR -04 -14 to a date certain of February 22, 2005. Mr. Panczak seconded the motion, which carried by unanimous 7 -0 vote. Public Hearing & Recommendation to City Council. Petition PUD- 03 -18: Southampton PUD (Parcel 31.02) A request by Troy Holloway of Gentile, Holloway, O'Mahoney, & Associates, Inc, on behalf of Palm Beach Gardens Limited Partnership, for a rezoning from Planned Development Area (PDA) to Residential Medium (RM) with a Planned Unit Development (PUD) Overlay to construct 245 townhouse units on an approximately 38.5 -acre site, at a density of 6.36 dwelling units per acre. The proposed Southampton PUD is located at the northeast corner of Central Boulevard and PGA Boulevard. Senior Planner Brad Wiseman presented the staff report and provided staff responses to concerns raised by the Bent Tree HOA in a letter sent to the City. Mr. Hansen announced he had suggestions for along PGA Boulevard. Mr. Pennell asked about the concern which had been expressed of having 3 -story buildings along PGA Boulevard, and about the privacy wall on the north, to which Mr. Wiseman responded staff had no issue with the buildings and did not feel a wall was necessary because of the dense landscape buffers and the distance from houses. Mr. Bramson asked how emergency vehicles would gain access at the entrance. Mr. Wiseman explained they would have an electronic beeper. Chair Kunkle asked if there was a formal maintenance program mandated by the City for preserve areas. City Forester Hendrickson explained the maintenance plan was incorporated into the HOA documents and every several years a study must be performed to identify exotics that would need to the removed. The homeowners association was responsible for the preserve maintenance. Troy Holloway, Gentile, Holloway, O'Mahoney, spoke on behalf of the petitioner, and reported substantial changes in the plan were made as a result of the board's suggestions at the last meeting. Mr. Holloway provided information on Town & Country Homes, the 58a' largest home builder in the nation, and their current Florida projects. Mr. Holloway reviewed the changes made since the last meeting. Emergency vehicles would enter by Planning, Zoning, and Appeals Board Meeting Minutes January 25, 2005 Page 3 means of a Medico lock, which would be mounted on the gate. Mr. Holloway also addressed concerns raised by the Bent Tree HOA. Mr. Holloway stated the applicant agreed with all conditions stated in the staff report, but would like leeway to use hurricane shutters instead of hurricane impact resistant glass for all windows and doors as required in condition 5. Mr. Panczak requested the locations of the redistributed guest parking. Mr. Holloway pointed out the guest parking spaces. Mr. Panczak asked about the shutter design of the decorative shutters, to which Alan Kozak, Architect, responded the radius cut shutters would be used. Mr. Hansen commented the only thing he still had issue with were the five 3 -story buildings along PGA Boulevard. He was glad they were turned to face PGA Boulevard, but he still felt that all five having the same mass and elevation could be improved. Mr. Hansen explained that he had worked out a design clustering 2 and 3 -story buildings, which he described. This would result in loss of six units, but would be consistent with The Commons across the street. Mr. Hansen requested that the other members of the board consider his suggestion. Also, Mr. Hansen agreed with staff on the use of impact glass windows. Mr. Pennell commented he had been against 3 -story buildings on PGA Boulevard and Central, but he was hap, -y with the changes made by the applicant. Mr. Pennell agreed with staff on the waivers and conditions, including impact glass. Mr. Present requested something in the HOA documents about guest parking so it would not be used on a permanent basis, and verified that the only thing facing Bent Tree was a side view with only a couple of bathroom windows. Mr. Solomon asked for a colors and materials board. The applicant presented colored elevations and advised the colors of the buildings in the power point presentation were very close to actual colors. Mr. Solomon commented he thought there was still a lot of room for improvement. The grid layout was not as pleasant as a curvilinear design. Mr. Solomon stated he thought there should be 2 -story buildings fronting PGA Boulevard and Central Boulevard, and the top roof line needed a substantial break. The site is prominently located so its appearance was important to the City. Mr. Solomon did not agree with staff on waivers 2, 3, 4 and 5. Mr. Solomon expressed his opinion that more flexibility was needed in the driving area, and 9' parking spaces were too narrow. Mr. Solomon stated he was okay with the building height and thought the applicant had adequately responded to the Bent Tree concerns. Mr. Solomon felt the colors were too strong for this location. Mr. Hereford supported impact glass very strongly. Mr. Bramson concurred with most of Mr. Solomon's comments and asked if the developer had built 3 -story townhouses in other Florida projects. Steve Miller with Town Planning, Zoning, and Appeals Board Meeting Minutes January 25, 2005 Page 4 & Country Homes responded the most recent 3 -story buildings were in Abacoa, where 2- story buildings had been changed to 3 -story because of market demand. Mr. Rubins expressed concern about traffic backup on Central Boulevard during morning drive times, commented he thought there should be walls around the project, and expressed support for impact glass. Chair Kunkle asked if any thought had been given to using PGA Boulevard as a construction entrance, because Mr. Rubins had made a good point about elementary school traffic on Central Boulevard. Chair Kunkle expressed his opinion that leaving preserve maintenance to the applicant would result in it being ignored and something was needed to the City could monitor the maintenance. Chair Kunkle declared the public hearing open. Greg Zele, 122 Bent Tree Drive, commented they were happy with the changes the developer had made, asked why City staff felt 3 -story buildings were acceptable, commented that massing should be broken up, and favored a wall. Bruce Oestreich, 116 Bent Tree Drive, agreed with the previous comments and urged support against 3 -story townhomes. Fran Heaslip, 110 Bent Tree Drive, reported her findings from Northern Palm Beach County Improvement District regarding the canal, and requested a wall along the northern section between the south side of the preserve and Southampton outside of Northern's easement. The wall would alleviate noise and help wit! safety and privacy. Ms. Heaslip requested that the northern preserve with irrigation be installed before construction. Ruth Peeples, 184 Bent Tree Drive, expressed support for the Bent Tree board's position and the comments of other residents; reported Bent Tree had tried to resolve differences with the developer; had been told there were no waivers required for the project and that a wall could not be allowed, which were untrue, and requested a wall for safety, privacy, and reduction of noise, and disagreed with staffs position that building heights were compatible with surrounding development. Leonard Ingrando, 169 Bent Tree Drive, expressed support of Bent Tree board's position, and reported extremely low levels in their ponds were causing the inlet culverts to cave in, and use of these ponds for irrigation would increase the problem. Tom Sosey, 149 Bent Tree Drive, fully endorsed the positions of the Bent Tree board and the other residents. Vito DeFrancesco, 1049 Shady Lakes Circle, resented that no mention or consideration of Shady Lakes had been indicated, and stated they were an abutting neighbor. Mr. DeFrancesco questioned lack of required sidewalks, stated he did not believe the setbacks had been met along PGA Boulevard, and requested everyone work together. Hearing no further comments from the public, Chair Kunkle declared the public hearing closed. Mr. Solomon commented the public had made some valid points and he would like to see the developer go back to the drawing board and come back, rather than have the board vote tonight and send this on to City Council. Mr. Holloway responded hurricane shutters would be installed from the inside on the 2nd and 3rd story units and those on the Planning, Zoning, and Appeals Board Meeting Minutes January 25, 2005 Page 5 first floor would slide in and bolt on. The wall at Old Palm was depressed down which made it more visible, and theirs would be bermed. Mr. Holloway responded to the concern regarding preserve maintenance stating it would be highly maintained by Southampton. Mr. Holloway stated he did not recall ever stating there would be no waivers for this project; explained that a wall outside the easement would not allow much security; and that the building setback along PGA Boulevard was 70'. Mr. Present asked for staff response. Talal Benothman explained staff s position that the 3 -story buildings were consistent with the surrounding area, that it was consistent with The Commons, and the City had met with Bent Tree residents and insisted before submittal that the developer provide 2 -story buildings to the north and east. The City had also required a median cut and emergency exit, and had asked for an increased buffer to the north. Mr. Benothman explained it was not the City's role to have the applicant provide a wall. Mr. Pennell commented he was satisfied with the modifications made by the applicant, that the project had evolved and changed to the point where it worked, that the spirit of PGA Boulevard encouraged more height in that area, and he supported staff s waivers and conditions. Mr. Hansen disagreed with the PGA Boulevard elevations and stated he could not support this project without a variety of nassing and elevations. Mr. Hansen agreed with Mr. Solomon's comments regarding the roof lines being too long and too much massing, commended the applicant for changes made, and indicated he thought the project still needed more work, particularly on the PGA Boulevard elevation. MOTION: Mr. Pennell made a motion to recommend to City Council approval of Petition PUD -04 -18 with all the waivers and conditions including impact glass, which was one of the conditions. Mr. Panczak seconded the motion. Mr. Solomon asked the applicant if he wanted to proceed on this basis or come back. Mr. Holloway requested the City proceed, stating he would like to meet with staff between now and the City Council presentation, regarding roof lines and other issues, including looking at Mr. Hansen's suggestions for along PGA Boulevard if there was a way to minimize the unit loss. Motion carried 5 -2 with Mr. Hansen and Mr. Solomon opposed. Mr. Solomon indicated he had voted against the motion based on a number of features including the color of the building, roof lines, lack of architectural articulation, height and massing, conditions 1 and 2, and waivers 2, 3, and 4 which he did not agree with. Mr. Hansen indicated he felt more work was needed on the architecture and building massing, with more definition, delineation, variation in the massing along PGA Boulevard, and he commented would have liked a more positive response from the developer before he could vote yes. Planning, Zoning, and Appeals Board Meeting Minutes January 25, 2005 Page 6 Chair Kunkle advised there would be an opportunity for the public to speak at City Council. Mr. Benothman advised all residents within 500' would be notified of the public and he would verify whether Shady Lakes residences fell within the radius. Recommendation to City Council Petition SP- 04 -18: Frenchman's Reserve Pod C Site Plan Approval A request by Jim Gielda of Land Design South, on behalf of Toll Brothers, Inc., for site plan approval of Frenchman's Reserve Pod C, to allow for the construction of 48 zero lot line single-family homes on an approximately 12.68 —acre site. The Frenchman's Reserve PCD is located east of the intersection of Hood Road and Alternate A]A. There were no ex -parte communications reported. Senior Planner Brad Wiseman reported there was only one waiver different than those granted in pods d. f. and g, which was the cul -de -sac waiver. Mr. Wiseman explained the cul -de -sac issue for the board and stated staff had no concerns. MOTION: Mr. Solomon made a motion to recommend to City Council approval of Petition SP- 04-18. Mr. Panczak seconded the motion, which carried by unanimous 7 -0 vote. Following a 10- minute break, the m -eting reconvened at 8:10 p.m. Recommendation to City Council: Petition SP- 04 -19: North Palm Beach County Improvement District Emergency Operations Center — Site Plan Amendment A request by Don Hearing of Cotleur & Hearing, Inc., agent for the North Palm Beach County Improvement District (NPBCID) Emergency Operations Center (EOC), for an amendment to an approved site plan to allow for the construction of a 13,366 square - foot administrative building and EOC facility and a 375 square foot gas storage facility to be located on a 3.26 -acre parcel, within the PGA National Commerce Park Planned Unit Development (PUD). The subject site is generally located northwest of the intersection of The Ronald Reagan Turnpike and Northlake Boulevard. The site is located on Lot 4 of the PGA National Commerce Park PUD, which is located within the PGA National Development of Regional Impact (DRI) and Planned Community Development (PCD). Chair Kunkle disclosed ex -parte communication, reporting he had heard a great presentation by O'Neil Bardon on their new facility. Planner Autumn Sorrow presented the staff report. Mr. Present asked why a waiver had to be requested for the tower. Mr. Present confirmed with Ms. Sorrow this was a built - out lot. Mr. Benothman advised that in the PGA National DRI for this specific lot, square footage was not attached, and by adding half an acre to the site in this case it did not change the numbers since they would have been able to have the additional building Planning, Zoning, and Appeals Board Meeting Minutes January 25, 2005 Page 7 on the original 2.5 acres. Mr. Present did not want to set a precedent that others might want to sell off their old building on an underutilized site and build another. It was vested and grandfathered in this case and the vehicle to do this was a site plan amendment because there was already an approved site plan. Ms. Sorrow confirmed for Mr. Pennell that public parking was on the east side of the building. Mr. Panczak asked once the site was built out and the three buildings were sold off, if they would be 3 separate parcels. Ms. Sorrow explained there would have to be unity of title to tie all three parcels to the site. Mr. Bramson asked the type of gas that would be stored. Brian Chekas of Cotleur Hearing advised there would be 2,000 gallons of gasoline and 2,000 gallons of diesel. Mr. Hereford asked if the 60 -foot tower might need to be higher in the future, which staff indicated there would be no need for that. Staff confirmed they had approval letters on file stating the project had been approved by the PGA Property Owners Association and the Commerce Park Association Brian Chekas spoke on behalf of the applicant and introduced others present on behalf of the applicant. Architect Rick Gonzales, REG Architects, disclosed he had met with Mr. Hansen yesterday as ex -parte communication, since Mr. Hansen had been out of the room when ex -parte communication was disclosed. Mr. Gonzales described the art deco architecture designed to withstand 200 -mile winds. Mr. Chekas reviewed the requested waiver for signage above the first floor, and requested approval of all waivers.. Mr. Panczak asked where the second entry sign would be visible, and the response was from Hiatt Drive, which he pointed on the site plan. Mr. Hansen chose frieze detail "A "; Mr. Panczak chose detail `B ". Mr. Hansen disclosed he met with the applicant yesterday, and commented it was nice to see a building that was not the same old Mediterranean design. Mr. Hansen asked about hurricane protection for the entry windows and the door, which Mr. Gonzales explained, and reported he was still researching protection for the circular windows. Mr. Hansen asked if these buildings were sold what happened to the demonstration wetland and the adjacent tower. The applicant advised everything would remain on the southern end and additional landscaping would be added. The tower would remain in place and would be accessed by the new buildings via underground cable. If the buildings were sold, Northern would continue to control the land and the new tenants would have rights within the building, cross access agreements, cross access parking, and unity of control. Mr. Pennell confirmed the justification for the sign was because it could not be seen from the first floor, and commented he saw someone trip on a wheel stop that day. Mr. Present confirmed with Mr. Hearing the building footprint would be sold, there would be unity of title, there would be cross parking agreements, and the tower would remain on land still owned by Northern. Donaldson Hearing responded there were several ways it could be done. It could be sold in the form of condominium ownership where the buildings were sold, or just the building pad could be sold and everything else would be under unity of control with a separate operating agreement for the tower, and Planning, Zoning, and Appeals Board Meeting Minutes January 25, 2005 Page 8 those were things that needed to be worked out, but whatever was done would be consistent with City code. Mr. Rubins advised he had no problem with additional signage on this project. Mr. Bramson stated he liked the art deco building. Mr. Solomon asked if the signage could be seen from Northlake Boulevard by traffic headed eastward. Mr. Chekas replied that an analysis of that had not been done, and it would be challenging to see it from there. Mr. Chekas confirmed all mechanical equipment would be inside the building. Mr. Solomon asked if landscaping could be increased on the rear, which would be seen from the turnpike. Mr. Chekas responded the City Forester had asked them to maintain the existing berm and they would add more landscaping to fill it in. Mr. Solomon asked if there was an overhang at the front door. Mr. Chekas explained there was an overhang. The building had been raised several feet to avoid flooding into the building. The gas tank was split to accommodate diesel and gasoline and met all legal requirements. Mr. Chekas confirmed for Mr. Solomon that the sidewalk was along the entire length of their frontage. MOTION: Mr. Hansen made a motion to recommend to City Council approval of Petition SP- 04-19 with all waivers including signage with letters to be kept to a height of 6 "; and with parapet frieze detail "A" which is tt a wave design; and the applicant will enhance the landscaping on the east side. Mr. Panczak seconded the motion, which carried by unanimous 7 -0 vote. Public Hearing and Recommendation to City Council Petition LDR -04 -09 10rdinance 1. 2005: Amendment to the Land Development Regulations Relating to Wireless Telecommunication Facilities A City- initiated request amending the Code of Ordinances Section 78 -159 entitled "Permitted Uses, Conditional, and Prohibited Uses" and Section 78- 1596)(64) entitled "Additional Standards — Wireless Telecommunications Facilities" to provide time frames for processing applications, to authorize the adoption of a resolution to establish application fees for the location of such facilities on private or public property, to appeal the requirement to apply for conditional use approval when a wireless facility application is denied, and to clarify processes Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle declared the public hearing closed. Chair Kunkle confirmed with Planner Jackie Holloman that the board had no choice and they were following the state's lead. The City had to comply within a certain time and if they did not the request for the tower or whatever was automatically approved. Mr. Solomon recommended the presentation be skipped. In paragraph 3 (a) and (c) where the Growth Management Director could do something, grant administrative approval, Mr. Solomon asked if it should say Growth Management Director or designee, with which the attorney agreed. Mr. Hereford verified Planning, Zoning, and Appeals Board Meeting Minutes January 25, 2005 Page 9 with staff the public purposes meant strictly cities, counties, agencies, etc., and could not be for commercial gain. MOTION: Mr. Present made a motion to recommend to City Council approval of Petition LDR -04 -09 with the change "Growth Management Director or designee ". Mr. Hereford seconded the motion, which carried by unanimous 7 -0 vote. OLD BUSINESS There was no old business to come before the Board. NEW BUSINESS Mr. Solomon commented the Southampton project might have benefited from a second workshop, and he felt more time could have been given to a project on PGA Boulevard. Planning, Zoning, and Appeals Board Meeting Minutes January 25, 2005 Page 10 ADJOURNMENT There being no further business, the regular meeting will be held February, APPROVED: Craig Kunkle, Jr:, 005. Barry Present, )Vice Chair 1 l D nis omoi was adjourned at 9:02 p.m.. The next 1� Michael Panczak Charles Hereford 2nd Alternate Jonathan D. Rubins Betty Laur ecretary for the Meeting