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HomeMy WebLinkAboutMinutes P&Z 052405PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING May 24, 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 ADMINISTRATOR There was no report by the Growth Management Administrator. APPROVAL OF MINUTES Mr. Hereford made a motion to approve the minutes of the May 10, 2005 PZA meeting minutes 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 and Appeals Board: Present Chair Craig Kunkle Vice Chair Barry Present Vice Chair Barry Present Dennis Solomon Randolph Hansen Michael Panczak Douglas Pennell Charles Hereford Jay H. Bramson (1St alternate) Absent Jonathan D. Rubins (2 °d alternate) All those intending to testify in tonight's public hearings were sworn in. Discussion: Petition CO -04 -03 10rdinance 12, 2005: Property Maintenance Standards Discussion: A City - initiated request establishing a new Chapter 79 of the Code of Ordinances, to be entitled "Property Maintenance Standards "; repealing Section 86- 27, Code of Ordinances, entitled "Housing Code Adopted ", repealing Article V of Chapter 34, Code of Ordinances entitled "Weeds, Rubbish, Unsanitary Conditions': Chair Kunkle announced that this item would be taken up at the next meeting. Planning, Zoning, and Appeals Board Meeting Minutes May 24, 2005 Page 2 Public Hearing and Recommendation to City Council. PUD- 03 -01: Christ Fellowship North Campus PUD Expansion & Conditional Use Approval Public Hearing and Recommendation to City Council: A request by Mr. Doug Rhudy of Palm Beach Gardens Christ Fellowship, Inc. for approval of (1) an amendment to the Christ Fellowship North Campus Planned Unit Development (PUD) to allow the incorporation and rezoning into the PUD of the 20 acres of land lying immediately east of the existing North Campus and to allow the development of an approximately 159,180 square foot expansion to the North Campus; and (2) a Conditional Use for the Christ Fellowship Campus The existing 20 -acre North Campus is generally located on the north side of Northlake Boulevard approximately one (1) mile west of Military Trail, Growth Management Administrator Wu announced a change in procedure. The applicant would make their presentation first, before the staff presentation. Donaldson Hearing described the ministry of the church and the areas it served. Issues addressed that were of concern to the Hunt Club residents were the view from the Hunt Club/building size, reasonable traffic management with the ability for evaluation, use of the facility (not all day every day), the security plan, nighttime outdoor activities and noise, timing of outdoor lights closest to the Hunt Club, and the right turn lane at Hunt Club Drive. The proposed project would be phased, with the student ministry center and administrative offices to be built and then the family life center gym to be completed. Proposed new total square footage was 159,180, and proposed new parking spaces totaled 988. The traffic configuration was described. 40' to 50' turning radius was being added in many locations instead of a right turn. Mr. Hearing described proposed landscape buffers intended to screen the view from adjacent residents. The buffers would far exceed code requirements. Drainage was discussed. The applicant indicated they were taking on the drainage for Hunt Club. Mr. Hearing indicated there was 33.2% open space, and staff wanted 35 %, but if they counted their green space parking they would have much more open space. Mr. Hearing described the architecture, the number of proposed units, traffic management including a proposed traffic light that could be operated by police officers. Mr. Hearing reviewed the proposed waivers which had been presented at the last meeting. Mr. Hearing reviewed the conditional use criteria, which he stated staff agreed the applicant had satisfied. Mr. Hearing requested relief from several conditions of approval.. Mr. Hearing requested that the condition of approval requiring 35% green space be eliminated because of the green space parking. Referring to conditions 24, 25, 26 and 27 regarding 4 feet of impact occurring on the northern buffer, Mr. Hearing advised they would be installing a raised curb and bollards, additional landscaping, and a small berm to keep cars from parking there and would work with Hunt Club residents in enhancing the buffer to stop the second story views. Regarding condition 28, dealing with providing a continuous buffer along the eastern boundary, the applicant offered to provide an opaque gate that would be locked and only used for maintenance vehicles. Mr. Hearing commented regarding condition 46 for enhanced drainage requirements, the applicant would like to work with the City Forester. The applicant would commit not to Planning, Zoning, and Appeals Board Meeting Minutes May 24, 2005 Page 3 diminish the buffer, but only a couple of pine trees would have to be removed in order to increase the retention area. The applicant also committed to work with the neighbors. Condition 48 was asked to be eliminated since no one else had been required to bury power lines along Northlake Boulevard. Mr. Hearing answered questions from the Board, advising that the prayer tower height was 45', the proposed planting height for laurel oaks and mahoganies in the center island was 14' -16', and lighting pole height would be no higher than 25' and there would be no lighting in the special needs area. Senior Planner Michael Sanchez outlined issues and introduced staff present to answer questions. Mr. Sanchez reviewed additional conditions of approval relating to the traffic signal and traffic circulation. A letter from the county was presented which stated their concerns for the adjacent Senior Center on county property. Mr. Sanchez provided all correspondence received to date for or against the project. Staff requested 35% open space, that power lines be placed underground, that the additional proposed lane of traffic be placed inside, and reported applicant agreed to additional landscaping. Staff requested no access into the church property located in the county until it was annexed into the city. Staff requested reduction of the existing buffer along Northlake Boulevard. Conditional Use criteria: Staff concluded that the application was consistent with the LDR's and complied with the City's conditional use criteria. Staff agreed with the applicant's justification for all of the proposed waivers. Mr. Panczak asked how many parking spaces would be lost if the traffic lane was placed inside, to which Mr. Wu responded, 17, or 34 if two per row. Mr. Present asked about simulcasting, which Mr. Sanchez responded was prohibited between campuses within the City. Mr. Pennell asked the cost estimate to place utilities underground, to which the response was about $200,000. Mr. Hereford asked what property in this area was within the City. Mr. Sanchez pointed out the property that was not within the City. Following a short break, the meeting reconvened at 8:00 p.m. Chair Kunkle declared the public hearing open. Carla Cramer, 10229 Hunt Club Lane, reported Christ Fellowship had met with the Hunt Club, which had expressed their concerns. Only the concern regarding the turn lane had been addressed in a condition of approval. Other concerns were size, additional traffic, noise, and security problems. Roberta Jumey, 9061 Cypress Hollow Drive, indicated traffic was bad now for Cypress Hollow residents when they were trying to get out to attend their own churches. Gary Brandenburg, 580 Anchorage Drive, North Palm Beach, noted the Board had a wonderful opportunity to help an organization that did good, that traffic was going to increase with any development, and requested unanimous approval. Carl Steele, 9221 Cypress Hollow Drive, President of Cypress Hollow HOA, expressed appreciation for what the church did for the community but advised that the HOA could not support a project of this size. Dr. Robert Davis, 118 Orchid Cay Drive, commented he believed concerns of the Hunt Club would be addressed, and expressed his opinion all developments should have utilities Planning, Zoning, and Appeals Board Meeting Minutes May 24, 2005 Page 4 underground. Wesley Byrnside, 8088 Nashua Drive, expressed concern that home values would be impacted by this project, and advised it was now almost impossible to get out onto Northlake Boulevard when services were letting out. Joan Altwater, 9180 Cypress Hollow Drive, advised that she was familiar with this applicant through involvement with the Northlake Neighborhood Coalition, and commented this petition had been denied by Planning and Zoning in the past, and advised she was against the project. Ellie Schweitzer, 79 Dunbar, objected to the massive size of the project in a neighborhood of surrounding residences. Deanna Brown, 9199 Villa Palma, favored the project, stating the applicant had exceeded required codes. Tim Vanderpcoeg, 5589 Cypress Tree Court, commented the addition would only be 75,000 square feet less than the Palm Beach County Convention Center —in a residential neighborhood. Amir Kamel, 8332 Man - O -War Road, shared concerns of the Hunt Club and the coalition of neighboring developments, and asked if Scripps had been considered in the traffic study. Dr. Schuler Metlis, 9 Glencaren Road, Board of Governors of PGA Property Owners Association, expressed support of the neighboring developments in their questions regarding the addition. Hearing no further comments from the public, Chair Kunkle declared the public hearing closed. Mr. Solomon requested comments from the traffic consultant. Joe Pollock, Kimley -Horn Associates, indicated the project did comply with City and County standards, and that the level of service was now "D" and would remain "D ". Mr. Pollock confirmed the location of the proposed traffic light. Discussion regarding traffic ensued. Mr. Panczak questioned if the applicant was working with the county on their concerns; Mr. Hearing indicated he had met with Commissioner Marcus' staff and expected to meet with Commissioner Marcus next week. Mr. Solomon asked if the applicant would agree to only access the adjacent land with lawn maintenance equipment, to which Mr. Hearing responded, yes. Mr. Solomon asked about widening the drive on the north end of the parking lot - -if the widening was kept south of the current buffer line, would parking requirements still be met, to which Mr. Hearing responded they would still meet the requirements. Mr. Wu raised the question of whether outdoor recreation facilities should be prohibited, to which Mr. Solomon responded this applicant should be treated the same as any other. At Mr. Solomon's request, color and materials boards were presented. Mr. Solomon commented this was a massive project but there was a large amount of land, and it was not an unreasonable use. Mr. Hansen complimented the applicant and staff on their presentations. Mr. Panczak concurred with Mr. Solomon and Mr. Hansen, and complimented Mr. Hearing. Mr. Bramson asked how traffic was monitored. Mr. Hearing responded the applicant would continue to use off -duty police officers and on site to use trained volunteers to help move cars and people throughout the site. Mr. Bramson stated he agreed with the other speakers. Planning, Zoning, and Appeals Board Meeting Minutes May 24, 2005 Page 5 Mr. Hereford stated he agreed, and asked regarding the annexation if there was much difference between City and County regulations, to which Mr. Sanchez responded the City would not have any control if the land was kept in the County. Mr. Pennell commented the church had been a good neighbor in the past and he expected that to continue. Mr. Pennell disagreed with staff that 35% open space should be required, and expressed his opinion the 33% provided by the applicant was okay. Mr. Present asked the connection between the ten acres and Place of Hope; Mr. Hearing responded they were separate. Mr. Present expressed his opinion it was not necessary to bury the power lines; that there should be no restrictions on exercise, and asked what hours the church operated that would conflict with traffic. Mr. Hearing responded there was a Wednesday evening service, one on Saturday, and the Sunday services. MOTION: Mr. Hansen made a motion to recommend to City Council approval of Petition PUD -03 -01 with the following modifications to the conditions of approval: Condition 48 —that the staff report requirement for power lines to be buried not be included; to remove Condition 25 and let the 32.5% be sufficient; regarding Conditions 26 & 27 on drive aisle conditions —not to reduce the 4' width; take the last eight grass spaces on the outer perimeter and reduce them from 10' to 9 -1/2' spaces; Condition 28 on the access gate to the Place of Hope that there be an opaque gate to control access between the two adjacent properties and no uses on that property that would be conjoined with other uses on church approval unless annexed; Condition 46—the applicant shall work with the City Forester. Mr. Wu advised the narrowing of the parking stalls would require a new waiver, which was duly noted. Mr. Hansen stated there shall be an additional condition that there shall be no outdoor recreational activities without coming back to PZA and City Council for approval before having structured recreational activities such as tennis courts, basketball courts, etc. Mr. Hansen stated the motion shall also include the six new conditions on traffic which were presented in the handout. Mr. Panczak seconded the motion. Mr. Present stated he was not in favor of restricting outside activities. It was noted this motion only required they come back to talk about changes to the site. Motion carried by unanimous 7 -0 vote. Public Hearing and Recommendation to City Council.-Petition PCDINOPC-04 -02 – Frenchman's Creek PCD /DRI – Notice of Proposed Change and PCD Amendment Public Hearing and Recommendation to City Council. A request by Wendy Mahr of Gentile, Holloway, O'Mahoney & Associates, Inc. for a Notice of Proposed Change and amendment to the Frenchman's Creek Development of Regional Impact/Planned Community Development to change the current boundaries by incorporating a 6 -acre parcel located along Donald Ross Road, as noted on the map below, changing the land -use of said parcel and the land -use of approximately 8 acres of the marina from a Commercial (C) land -use designation to a Residential High (RH) land -use designation. Planning, Zoning, and Appeals Board Meeting Minutes May 24, 2005 Page 6 Chair Kunkle announced the applicant had requested this item be postponed. Chair Kunkle declared the public hearing open. Hearing no comments from the public, a motion to continue was called for. MOTION: Mr. Solomon made a motion to continue the public hearing for Petition PCD/NOPC -04 -02 to a date certain of July 12, 2005. Mr. Hereford seconded the motion, which carried by unanimous 7 -0 vote. Public Hearing and Recommendation to City Council: Petition CP -04 -04 — Frenchman's Yacht Club Future Land Use Map Amendment Public Hearing and Recommendation to City Council: A request by Ms. Wendy Mahr of Gentile, Holloway, O'Mahoney & Associates, Inc.; on behalf of Avatar Properties Inc., for a large -scale land -use map change for a 14.54 -acre parcel generally located at the southeast corner of Prosperity Farms Road and Donald Ross Road from a Commercial (C) land -use designation to a Residential High (RH) land -use designation. Chair Kunkle announced the applicant had requested this item be postponed. Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle called for a motion to continue. MOTION: Mr. Solomon made a motion to continue the public hearing for Petition CP -04 -04 to a date certain of July 12, 2005. Mr. Hereford seconded the motion, which carried by unanimous 7 -0 vote. Public Hearing and Recommendation to City Council. Petition ZONISP -04 -01 — Frenchman's Yacht Club Public Hearing and Recommendation to City Council: A request by Ms. Wendy Mahr of Gentile, Holloway, O'Mahoney & Associates, Inc., on behalf of Avatar Properties Inc., for a rezoning and master development plan approval to allow the development of 188 multifamily dwelling units within four (4) condominium buildings ranging from six (6) to seven (7) stories in height and 9,990 square feet of internal office /retail space for use by the marina to be called the "Frenchman's Yacht Club." The 14.54 -acre subject site is generally located at the southeast corner of Prosperity Farms Road and Donald Ross Road. Chair Kunkle announced the applicant had requested this item be postponed. Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle requested a motion to continue. Planning, Zoning, and Appeals Board Meeting Minutes May 24, 2005 Page 7 MOTION: Mr. Solomon made a motion to continue the public hearing for Petition ZON /SP -04- 01 to a date certain of July 12, 2005. Mr. Hereford seconded the motion, which carried by unanimous 7 -0 vote. Recommendation to City Council. MISC- 04 -40: Mirasol Town Square — Master Signage Program Recommendation to City Council: A request by Brian Cheguis of Cotleur & Hearing, on behalf of Palm Beach Acquisitions, for approval of the Mirasol Town Square Master Signage Program. The Mirasol Planned Community Development (PCD) is located at the northwest corner of the Ronald Reagan Turnpike and PGA Boulevard. Donaldson Hearing presented the project on behalf of the applicant. Mr. Present commented he had a problem with the justification last time and it was back again in item #2. Mr. Present stated he had thought there was agreement that was not justification and he would like a justification that made sense. Mr. Solomon and Mr. Hansen both commented justifications should be on a case -by -case basis. Mr. Hansen indicated he agreed with staff recommendations. MOTION: Mr. Solomon made a motion to recommend to City Council approval of Petition MISC -04 -40 with the staff recommendations for approval of five waivers and denial of two waivers. Mr. Pennell seconded the motion, which carried by 6 -1 vote with Mr. Present opposed. Recommendation to City Council. Petition MISC -05- 07: Shoppes on the Green Monument Sign in Fairway Drive Median Recommendation to City Council: Thomas J. Baird, Esquire, agent for Southeast Centers, LLC, is requesting approval for an amendment to the PGA National Comprehensive Signage Program to allow a 5'6" high x 10'5" long monument sign for Shoppes on the Green within the PGA National Development of Regional Impact (DRI). The sign is to be located within the median of Fairway Drive approximately 15 feet south of PGA Boulevard. Mr. Wu noted this item had been postponed. A letter had been received from Thomas Baird requesting postponement to June 14; therefore, it would be put back on the June 14 agenda, and no motion was required. OLD BUSINESS Mr. Pennell asked what the City Council had done regarding the proposed townhouses on Central Boulevard. Mr. Wu responded the latest changes reduced buildings to 2- stories Planning, Zoning, and Appeals Board Meeting Minutes May 24, 2005 Page 8 along PGA Boulevard and Central Boulevard, and allowed 3 -story buildings in the middle. The petition was still in process and the ordinance still needed to be approved on second reading. Mr. Solomon commended staff for their work on the Christ Fellowship petition. NEW BUSINESS Quasi - Judicial Proceeding (Resolution. 80, 2005) — Mr. Wu advised that this resolution changing the procedure would be presented to City Council for approval. Mr. Present commented he liked the applicant presenting first, which he felt it saved time. Planning, Zoning, and Appeals Board Meeting Minutes May 24, 2005 Page 9 ADJOURNMENT There being no further business, the meeting was adjourned at 9:30 p.m regular meeting will be held June �4' 05. APPROVED: The next Charles Hereford 1 st Alternat ay H. Bramson d Alternate Jonathan D. Rubins &zru o-�� Betty L r, Secretary for the Meeting