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