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PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
June 27, 2006
MINUTES
The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach
Gardens, Florida, was called to order by Vice Chair Barry Present 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 INTERIM GROWTH MANAGEMENT DIRECTOR
Brad Wiseman, Planning Manager reported the major conditional use for the Vavrus Ranch,
agricultural use, and the funding agreement for the Gardens Point project had been approved
by City Council at their last meeting.
ROLL CALL
Debbie Andrea, Recording Coordinator for the meeting, called the roll for the Planning,
Zoning and Appeals Board:
Present
Vice Chair Barry Present
Dennis Solomon
Michael Panczak
Douglas Pennell
Joy Hecht (1t Alt.)
Amir Kanel (2nd Alt.)
APPROVAL OF MINUTES: JUNE 13, 2006
Absent
Chair Craig Kunkle
Randolph Hansen
Jonathan D. Rubins
Mr. Panczak made a motion to approve the minutes of the June 13, 2006 PZA meeting. Mr.
Pennell seconded the motion, which was unanimously carried by 6 -0 vote.
All those present intending to offer testimony in tonight's cases were sworn in.
Public Hearing and Recommendation to City Council:
Ex Parte Communication (Quasi Judicial)
Petition PCDINOPC-05 -01: Amendment to the Regional Center DR11PCD
A request by Brian Cheguis of Cotleur & Hearing, agent for Menin Acquisition 1, LLC, to
amend the Development Order for the Regional Center Development of Regional Impact
(DRI) and the Planned Community Development (PCD) by amending the land -use
conversion matrix to allow for the conversion of business office square footage to hotel,
residential, and retail; and modify the required minimum and maximum thresholds in the
range of floor spaces allocation for the land use chart accordingly. The Regional Center
Planning, Zoning, and Appeals Board Meeting Minutes
June 27, 2006
Page 2
• DRI is located at the northeast corner of PGA Boulevard and Alternate AIA and extends
eastward to the intersection of PGA Boulevard and Prosperity Farms Road
Vice Chair Present called for a motion to postpone this petition.
MOTION:
Mr. Pennell made a motion to postpone Petition PCDE/NOPC -05 -01 to a date certain of
July 25, 2006. Mr. Solomon seconded the motion, which carried by unanimous 6 -0 vote.
Public Hearing and Recommendation to City Council:
Petition LDR -05 -08 10rdinance 23, 2006: LDR Text Amendment — Development Name and
Address Standards
A City- initiated amendment to the City's Code of Ordinances by amending Chapter 78,
"Land Development, " as it relates to addresses, subdivision names, street names, and the
Addressing Committee.
Aries Page, GIS Manager, presented the staff report, and explained this had come about
because emergency personnel had not been able to find some addresses. The new
requirements would be in effect for new development; guidance was requested for updating
older sections of the City. Enforcement of the regulations, city -wide impact of the proposal,
size of address numbers in relation to distance from the street, proposed language,
illumination, and street names were discussed.
• Vice Chair Present declared the public hearing open. Vito DeFrancesco, Shady Lakes,
commented on the expense to residents to illuminate house numbers and change the size of
numbers, and asked that more thought be given to this. Carolyn Chaplik, Hudson Bay Drive,
commented this was a good idea for emergency services, but this required more thought
regarding illumination and changing street names, and suggested stamping the house number
on the street. Palm Beach Gardens police officer Jules Barone spoke regarding the Crime
Prevention through Environmental Design requirements and the difficulty in finding
addresses, and his feeling that illumination was necessary and could be done simply by
putting a photocell fixture in place of the front house light, and explained that consistency of
number sizes was necessary. Robert Davis commented on the lack of numbers on
commercial buildings, and that in some cities numbers on commercial buildings were
illuminated. Hearing no further comments from the public, Vice Chair Present declared the
public hearing closed. Other comments by the board were in favor of giving this more
thought.
MOTION:
Vice Chair Present re- opened the public hearing. Mr. Solomon made a motion to
continue the public hearing for Petition LDR -05 -08 /Ordinance 23, 2006 to a date
certain of August 8, 2006. Mr. Kanel seconded the motion, which carried by unanimous
6 -0 vote.
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Planning, Zoning, and Appeals Board Meeting Minutes
June 27, 2006
Page 3
• Public Hearin] and Recommendation to City Council:
LDR- 06- 06- 000009: City Code Amendment to Section 78 -221: PGA Boulevard Corridor
Overlay
A City- initiated request for approval of a text amendment to Section 78 -221, PGA
Boulevard Corridor Overlay, Code of Ordinances. This City Code amendment provides for
the approval of changes to the boundaries of the PGA Boulevard Corridor Overlay,
standards for existing approvals, rezoning requirements, and to the permitted and
prohibited uses within.
Planning Manager, Brad Wiseman, presented the staff report, clarified certain uses, and
explained that grandfathered projects could expand. Examples of the rationale for the
proposed distance of the overlay from the right -of -way were given.
Vice Chair Present declared the public hearing open. Eileen Tucker, Shady Lakes, expressed
her opinion that staff had too much power to make administrative decisions that she felt
should come before the board. Ms. Tucker felt rules should not be changed when an
applicant did not meet current requirements, and that outdoor seating was distracting to
drivers. Robert Davis, Orchid Cay, commented on the disclaimer for the public storage use,
stated he was not in favor of restaurant outdoor seating invading the buffer space, and
indicated the City Council did not always comply with the spirit or intent and the Planning,
• Zoning and Appeals Board should not allow them to override decisions made here. Vito
DeFrancesco, Shady Lakes, asked if there was any exparte. The City Attorney responded this
was not a quasi judicial proceeding and exparte disclosure was not required. Mr.
DeFrancesco commented on the overlay requirements and that it was only to be for
landscaping, and reported that an administrative approval had been given to a restaurant
which was going to have outdoor seating and could serve food under the arches where there
was no restaurant and would be bringing food over public property to get to that location.
Richard Orman, Oak Street, representing the PGA Corridor Residents Coalition, expressed
their concern over provisions in this ordinance and asked that no uses be allowed within the
55' buffer, which was to be only for landscaping; noted their concern that staff was
overstepping with making changes, that storage facilities should not be allowed, and
indicated the coalition would not stand for waiving any uses. Marty Minor, Urban Design
Studio, commented he had helped write the overlay and indicated he liked the proposed
amendments because they would provide clarity, and recommended looking at the other
proposals on a global basis rather than just a single project. Shawn MacEntyre, developer of
Mirasol Walk, commented on the buffer and the different interpretations regarding the
thousand -foot requirement, advised that if this had been in effect there would have been no
question because it would have been clarified; commented the Mobil station was to be
remodeled and could be made to look a lot better if it was a conforming use, and advised that
providing drive -thru lanes for drug stores was a change in the way that business was
conducted and was a public service. Carolyn Chaplik, Hudson Bay Drive, commented that
the gas station expansion could be extensive. Further comments were made by the members
• of the board complimenting the work done by staff, stating this board's relationship with City
Planning, Zoning, and Appeals Board Meeting Minutes
June 27, 2006
Page 4
• Council, and noting that several members were uncomfortable with the amendment as
proposed.
Direction to staff was not to allow self storage in the overlay; that the overlay should not be
amended; and that this petition should be reviewed and brought back.
MOTION:
Mr. Solomon made a motion to continue the public hearing for Petition LDR- 06 -06-
000004 to a date certain of August 8, 2006. Mr. Kanel seconded the motion, which
carried by unanimous 6 -0 vote.
Public Hearing and Recommendation to City Council.
Ex Parte Communication (Ouasi Judicial)
Petition CUMJ - 06-03- 000002: Palm Beach Gardens Medical Center Maior Conditional
Use
A request by Anne Booth of Urban Design Studio, on behalf of Health Care Property
Investors, Inc., to approve the relocation of the previously approved helistop, located
within the Palm Beach Gardens Medical Center Planned Unit Development (PUD). The
Palm Beach Gardens Medical Center PUD is located at the southeast corner of Burns
Road and Gardens East Drive
Vice Chair Present called for exparte communication. No exparte communication was
• reported. Anne Booth, Urban Design Studio, made a presentation on behalf of the applicant
and answered questions from the board. Dino Divasa, Director of Operations with Palm
Beach Gardens Medical Center, was sworn in and explained how the helicopters landed and
took off. Vice Chair Present declared the public hearing open. Hearing no comments from
the public, Vice Chair Present declared the public hearing closed. The FAA approval letter
was submitted for the record.
MOTION:
Mr. Panczak made a motion to recommend to City Council approval of Petition CUMJ-
06-03- 000002 with the waivers, modification, and conditions 1, 8, and 13 as proposed by
staff. Mr. Pennell seconded the motion, which carried by unanimous 6 -0 vote.
Recommendation to City Council.
Petition MISC- 04 -43: Midtown (aka Borland Center) — Master Signage Program
A request by Brian Cheguis of Cotleur & Hearing, on behalf of Ram Development
Company and Palm Beach Community Church, for approval of the Midtown PUD (a. k. a.
Borland Center) Master Signage Program. The Midtown Planned Unit Development
(PUD) is located at the intersection of Garden Square Boulevard and PGA Boulevard
Donaldson Hearing made a presentation on behalf of the applicant. Mr. Hearing described
the changes made since the last presentation and the requested waivers. Richard Marrero,
Planner, presented the staff report, reviewing waivers and justifications. Mr. Solomon
• summarized as follows: item 1 was supported by staff with elimination of end tower sign on
building C, item 6 and 9 were withdrawn by the applicant, item 2 was omitted as a requested
Planning, Zoning, and Appeals Board Meeting Minutes
June 27, 2006
Page 5
• waiver; staff recommended number 3; item 4 — buildings fronting along PGA Boulevard
could have signs on the back but not on the sides next to PGA Boulevard; item 5 regarding
the 2 large signs staff did not recommend approval unless the width was scaled down; item 6
had been withdrawn; staff recommendation for item 7 and 8 with 22 directional signs would
be acceptable to staff if the size of the signs were reduced. Mr. Solomon indicated he could
accept this package if the applicant was willing to work with staff regarding items 7 and 8.
During ensuing discussion, the applicant indicated they might be able to have 2 standards for
directional signs depending on the amount of words on the signs. The applicant indicated it
was important to have flexibility for future signs.
MOTION:
Mr. Pennell made a motion to recommend to City Council approval of Petition MISC-
04-43 with staff recommendations and the following changes to waivers: eliminate
waivers 2, 6 and 9 totally; reduce waiver 8 from 32 directional signs to 22 (a reduction
of 10 signs); the applicant shall reduce the size of the vehicular directional signs to 9
square feet in size, and blade signs will not be on buildings /facades that front PGA
Boulevard. Mr. Panczak seconded the motion, which carried by unanimous 6 -0 vote.
OLD BUSINESS
Mr. Pennell asked for an update on Downtown at the Gardens and Legacy Place, which were
• discussed at the last meeting. Mr. Wiseman responded that staff planned to make a
presentation at the next meeting regarding what had been approved versus what had actually
been built. Options to correct any discrepancies would be included. Mr. Solomon noted there
was nothing planted in the top level parking garage concrete planters at Downtown at the
Gardens; service bays also were a concern to be addressed.
Vice Chair Present noted the FAA letter provided at tonight's meeting for the medical center
helistop had items that needed to be reviewed by staff before presentation to City Council.
Mr. Kanel expressed his concerns regarding this item.
NEW BUSINESS
There was no new business to come before the board.
•
Planning, Zoning, and Appeals Board Meeting Minutes
June 27, 2006
Page 6
is ADJOURNMENT
•
There being no further business, the
meeting will be held July 11, 2006.
APPROVED:
was adjourned at 9:49 p.m. The next regular
Jo han Rubyns
Joy Hec
Amir Kanel
r-
Debb Andrea, Recording Coordinator for the Meeting
• Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk.