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