HomeMy WebLinkAboutMinutes P&Z 061405PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
June 14, 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. Solomon made a motion to approve the minutes of the May 24, 2005 PZA meeting
minutes as submitted. Mr. Panczak 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
Absent
Chair Craig Kunkle Jay H. Bramson (1" alternate)
Vice Chair Barry Present
Dennis Solomon
Randolph Hansen
Michael Panczak
Douglas Pennell
Charles Hereford
Jonathan D. Rubins (2nd alternate)
All those intending to testify in tonight's public hearings were sworn in.
A motion was made and seconded that no response be made to the fax received from
Hometown News. Motion carried by unanimous 7 -0 vote.
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 ".
Planning, Zoning, and Appeals Board Meeting Minutes
June 14, 2005
Page 2
Code Enforcement Supervisor Kelvin Wise presented an introduction to the ordinance
and to a program called Neighborhood Preservation Initiative, and announced he would
come back to the next meeting to give a full presentation. During discussion of the
proposed ordinance, Mr. Solomon asked how the notice to residents would be made, to
which Mr. Wise responded notice would be by public forums and direct mailings. Mr.
Solomon confirmed that Mr. Wise had mentioned a couple of problem areas in the city
that the present ordinance did not address and asked if those loopholes would be closed
with this ordinance, to which Mr. Wise responded, yes. Mr. Solomon commented that
standing water was mentioned, and advised that some swales were designed to hold
standing water for a period of time. Mr. Wise responded that had been addressed with
the City engineer. Mr. Wise commented that he believed property owners would think
this ordinance was fair because it was not restricting them as to colors, etc., and also the
Delray Beach ordinance was a successful program. Mr. Solomon asked if there would be
fines for non - compliance. Mr. Wise explained violations would go through the code
enforcement and Special Master process. Mr. Wise commented enforcement language
had been removed but would be added back in.
Mr. Hansen commented he thought this was good, and questioned having only one
principal color, asking if multiple colors were desired if the property owner would have
to come before the City. Mr. Benothman responded that property owners currently must
apply for administrative approval for colors, and this ordinance did not change that. Mr.
Hansen commented repairs and installations were not always required to have a building
permit and asked if it would now be required. The response was that the property owners
would have to comply with code. Mr. Hansen asked about the size of address numbers.
Mr. Wise explained there was no reason they could not be larger than 6 ". Mr. Hansen
asked how it was determined that there were enough bugs to be an infestation. Mr. Wise
responded he could tell if there was an infestation when he saw the property. Mr. Hansen
commented grass parking had been approved in some areas of the City and that might
need to be included, and asked if every window had to have some kind of shade or
draperies. Mr. Wise advised that when people were renting property out all the windows
had to have some type of covering.
Mr. Panczak asked if under the proposed ordinance the City would have authority if a
house within an HOA did not meet the standards. Mr. Wise advised they must comply
with code.
Mr. Rubins suggested a meeting between commercial property owners and the City at
this point in the process to get better cooperation.
Mr. Hereford confirmed with the City Attorney that the proposed ordinance had met legal
scrutiny. It was noted that graffiti on the inside of the wall along I -95 was the
responsibility of FDOT for enforcement.
Planning, Zoning, and Appeals Board Meeting Minutes
June 14, 2005
Page 3
Mr. Pennell asked how it would be determined who would be funded if they could not
take care of their own property. Mr. Wise responded that a formula was being
considered, and there was a process in place. Recommendations could be taken from the
Community Aesthetics Board. Mr. Pennell asked if the City could step in and paint a
house. The City Attorney advised this ordinance was really to get cooperation from the
residents. Mr. Wise commented that he had three people on staff that would be citing
properties, and he had requested two more.
Mr. Present commented there had been a Military Trail grant program but this was for
neighborhoods that did not have a grant, and asked, if there were a list of ten willing
participants, how would they be prioritized. Mr. Wise advised they would be prioritized
according to which posed the most danger to the occupants and then to the City.
Chair Kunkle asked Mr. Wise to think about how the City could prevent a HOA board
from shirking their responsibility and looking to the City to solve their problem.
Recommendation to City Council;
Ex Parte Communication (Quasi Judicial)
Petition MISC- 05 -07; Shoppes on the Green Monument Sign in Fairwav 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
There was no ex -parte communication reported by the board members. Attorney Tom
Baird, agent for the petitioner, presented the request and asked that the petitioner be
allowed to continue to work with staff to modify condition one regarding maintenance of
the median landscaping.
Mr. Rubins questioned what the sign would do for the tenants, to which Mr. Baird
responded that many tenants told people that they were located in the Shoppes on the
Green, so it would be helpful to the public if someone was looking for that shopping
center. Mr. Rubins questioned the visibility of the sign from PGA Boulevard.
Mr. Panczak asked what business would be going into the old Publix space. Mr. Baird
responded he did not know.
Mr. Hansen asked the location of the median, which was pointed out on a plan. It was
confirmed that Baskin Palmer had not been required to maintain the median and currently
it was maintained on a volunteer basis by the POA, and the applicant was asking that it be
a condition of approval so they could work out who would take care of what portion. The
Planning, Zoning, and Appeals Board Meeting Minutes
June 14, 2005
Page 4
City Forester commented when the City had the opportunity through waivers, they did
require projects to maintain medians and there were 52 projects within the City currently
maintaining roadways.
Mr. Solomon suggested adding language to the condition gave this developer the
obligation to maintain that median until such time as the maintenance of that area might
be taken over and become the obligation of the PGA POA. The City Forester stated that
had been his intent, and Mr. Baird agreed that would make life easier for the applicant.
Ms. Holloman noted staff recommended approval, and it was acceptable to staff to
modify condition number one. It was confirmed that this was referring to the master
POA, of which this was a part.
MOTION:
Mr. Solomon made a motion to recommend to City Council approval of Petition
MISC -05 -07 with the modified language to condition one. Mr. Panczak seconded
the motion, which carried by unanimous 7 -0 vote.
Public Hearing and Recommendation to City Council:
Petition CP- 04 -15: City Centre FLUM
Public Hearing and Recommendation to City Council. A request by Urban Design
Studio, agent for Parcel F, LLC, and Oakbrook Corporate Centre Property Owners
Association for a large -scale land -use map amendment to change the current land -use
designation of a +/- 4.5 -acre parcel from Commercial (C) to Residential High (RH).
The subject site is located on the southeast corner of PGA Boulevard and Ellison
Wilson Road within the PGA Boulevard Corridor Overlay zoning district.
Chair Kunkle announced that the applicant had requested this item be continued. Chair
Kunkle declared the public hearing open. Hearing no comments from the public, Chair
Kunkle called for a motion to continue.
MOTION:
Mr. Present made a motion to continue the public hearing for Petition CP -04 -15
indefinitely. Mr. Hereford seconded the motion, which carried by unanimous 7 -0
vote.
Public Hearing and Recommendation to City Council:
Ex Parte Communication (Ouasi Judicial)
Petition PUD- 03 -11: Oak Park Office Condo Phase H
Public Hearing and Recommendation to City Council: A request by Cotleur &
Hearing, Inc., agent for John C. Bills Properties, Inc., for approval of the final phase
of the existing 6.8 -acre Oak Park Office Condominium Planned Unit Development
(PUD) consisting of a 17,172 square foot medical office building located on the west
Planning, Zoning, and Appeals Board Meeting Minutes
June 14, 2005
Page 5
side of Prosperity Farms Road approximately 1000 feet south of the intersection of
PGA Boulevard and Prosperity Farms Road.
Chair Kunkle announced that his company was currently the managing agent for the
existing Oak Park Office Condo Phases 1 and 3, so passed the gavel to Vice Chair
Present. Chair Kunkle left the meeting at this point. Mr. Rubins was seated in the
absence of Chair Kunkle.
There was no ex -parte communication reported by the members of the Board. Jim
Griffin presented an introduction of the project on behalf of the applicant. Kimberly
Thayler, Cotleur & Hearing, provided the power point presentation.
Mr. Hansen commented his only issue was he did not feel the architecture was consistent
with the existing buildings. Architect Alan Strassler responded, and described how the
facades had been deliberately softened.
Mr. Solomon asked to see elevations of the existing buildings for comparison purposes.
Mr. Solomon asked if justification for the waivers had been submitted. Ms. Holloman
explained this was a very old petition and a couple of the waivers were carried forward
from the old package, which also contained the waiver requests. Mr. Solomon requested
the floor plan. Ms. Thayler commented the two waivers on the screen were required
between PZA and City Council, so they had been incorporated into this presentation, but
were not technically required until before submittal to City Council. Ms. Thayler
commented that as further justification for the waivers, the applicant had supplied almost
1,000 more landscaping points than required. Mr. Solomon commented if any of the
large oaks did not survive the applicant only had to provide a 16' or 18' replacement.
The City Forester stated he felt that was enough since the canopy was already dense and
any larger trees could not be accommodated except off -site, and described the effort the
applicant was going to have to do to try to save as many trees as possible. Mr. Griffin
confirmed this building would be a part of the existing condominium association, and
described his company's history of preserving trees within the City. Ms. Holloman was
unable to locate elevations of the existing building, since the project was developed in
1980. Architect Alan Strassler answered questions regarding scoring on the building
exterior. Mr. Strassler presented floor plans of the building that had been a part of the
application submittal.
Mr. Rubins agreed there was a difference in the new design and the old design but stated
he thought it must be taken into consideration that the old design was many years ago.
Mr. Rubins asked if there were any comments from the condo association regarding the
new design versus the old. Ms. Thayler responded they had received preliminary
approval from the condo board for the project. Ms. Holloman stated a new letter was
received yesterday stating it met with their approval for the applicant to proceed with this
application. Mr. Rubins pointed out it would be hard to see one building from another
with the dense landscaping and although they were not exact replicas they would not
drastically contrast and were therefore acceptable.
Planning, Zoning, and Appeals Board Meeting Minutes
June 14, 2005
Page 6
Ms. Holloman confirmed staff supported the waivers and the City Forester noted before
the building was cited the applicant had discussed the location with him in order to save a
tree under any circumstance. Mr. Pennell stated his support and that this would be an
improvement.
Mr. Hereford asked for and was shown the locations of entries to the project. Architect
Strassler pointed out the entries and noted the oaks were very large and the applicant had
provided the proper configurations to accommodate emergency vehicles. Mr. Strassler
provided color samples of the building.
Vice Chair Present asked if there would be one uniform parking lot, to which Mr. Griffin
responded they had agreed with the condo association the new parking lot would be
sufficient to service the new building so that parking in the old lot and walking to the new
building would be discouraged. There would also be a depression between the two lots.
It was unknown at this point whether this would be a two or four - tenant building and
reserved parking had not yet been dealt with, but that would be controlled. Vice Chair
Present asked when it would be known what the new signs would look like. Mr. Griffin
explained they would work with the condo association and City staff on the signage.
Ms. Holloman requested addition of one condition of approval that the applicant shall be
responsible for the irrigation and maintenance of all landscaping in accordance with
City standards between the property line and the six-foot retaining walls on the north and
the west sides of Phase II.
Vice Chair Present declared the public hearing open. Ms. Van Cohen asked how many
trees were on the property now and how many would remain, and inquired about
relocation of gopher tortoises. Ms. Thayler advised there were one to three gopher
tortoises and they would be tested for URD. If free of the disease, they would be
relocated to Port St. Lucie. 35 of the existing large oak trees were being saved. Staff
indicated they would obtain Ms. Cohen's phone number so that Ms. Thayler could
provide her with the number of existing trees. Mr. Preston Fields, President of the condo
board, reported the applicant was working with them to make everything fit, and noted
there had been discussion of landscaping running north/south between the old and new
development. Mr. Fields commented they had to get approval from 75% of their
membership which he believed could be achieved, but not before it went before City
Council. Their board had provided two preliminary approvals. Mr. Griffin explained if
they received approval this evening they would immediately proceed working to achieve
that 75% vote, but could not do so until after the PZA approval. Mr. Griffin explained
he would come back to staff regarding placing a hedge between the parking lots. Hearing
no further comments from the public, Vice Chair Present declared the public hearing
closed.
Mr. Hansen asked the floor heights and roof pitch and stated it would be helpful if those
were shown on the plans. Mr. Strassler indicated 28' to the trusses, and 5/12 roof pitch.
Planning, Zoning, and Appeals Board Meeting Minutes
June 14, 2005
Page 7
Mr. Hansen commented the south elevation drawing did not show the windows shown on
the floor plan. Mr. Strassler indicated the elevation drawing was intended to be what
would govern. Mr. Hansen noted the need for consistency between plans and drawings.
Mr. Strassler pointed out locations of air conditioning units on the ground. Mr. Hansen
suggested windows in the large blank wall on the north elevation. Mr. Griffin stated they
would accept that as a condition. Mr. Hansen suggestion continuing the railing treatment
that was on the recessed portion of the walkway and something different on the bays that
were projected. Mr. Strassler commented the opening had been designed so there would
not have to be a railing there. Mr. Hansen suggested the entry be improved before going
to City Council. Mr. Strassler commented the entry design had been deliberate. Mr.
Hansen indicated it should be more of a statement. Mr. Strassler commented it was a
low -key entrance feature. Mr. Hansen asked that his suggestions be considered.
Mr. Solomon asked if the applicant and the City were in agreement with the landscaping
points. Mr. Hendrickson indicated that would be done. Mr. Solomon inquired about
notices, to which Ms. Thayler responded a courtesy mailing went out for PZA and
certified mailings would go out for City Council. No responses were received. Mr.
Griffin explained the building to the north was an ACLF and there was good separation
between the properties. Mr. Griffin gave exact building heights and agreed those would
be noted on the plans before the application went to City Council. Mr. Griffin clarified
there would be one condominium association and therefore one parking lot —there were
only handshake agreements regarding separate parking.
MOTION:
Mr. Hansen made a motion to recommend to City Council approval of Petition
PUD -03 -11 with the following additional suggestions, that from the architectural
standpoint the applicant shall make clarifications as discussed tonight in terms of
consistency between the plans and elevations; that they look at adding additional
windows to the first and second floors on the north elevation as suggested; that they
look at modifying the height of the wall and handrails between the bays that are not
a part of the column projection, and before submittal to City Council that the
architect and the developer look at possible architectural enhancements to the entry
character of this particular building; that all of the architectural dimensions both
horizontal dimensions and vertical dimensions and all of the openings be accurately
reflected in all of the drawings, including the roof pitch, and including the condition
requested by staff as read into the record. Mr. Panczak seconded the motion. Mr.
Hansen added to the motion that any signage modifications would have to be
brought back for approval. Mr. Panczak seconded the addition to the motion.
Motion carried by unanimous 7 -0 vote.
OLD BUSINESS
Mr. Hansen announced in 1954 on June 14, President Eisenhower had signed the
legislation that added "under God" to the pledge of allegiance which had been repeated
here tonight. Also, in 1775 the United States Army was formed.
Planning, Zoning, and Appeals Board Meeting Minutes
June 14, 2005
Page 8
NEW BUSINESS
There was no new business to come before the Board.
Planning, Zoning, and Appeals Board Meeting Minutes
June 14, 2005
Page 9
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:35 p.m. The next
regular meeting will be held June 28, 2005.
APPROVED:
Craig Kunkle, Jr., Chair
&"" (\-
2nd Alternate Jonathan D. Rubins
Be ty Laur, S retary for the Meeting