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HomeMy WebLinkAboutMinutes P&Z 112399• CITY OF PALM BEACH GARDENS PLANNING AND ZONING CONINIISSION November 23, -1999 MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chair Joel Channing at 6:35 P.M. in the Assembly Room at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ITEMS BY GROWTH MANAGEMENT DIRECTOR Growth Management Director Roxanne Manning introduced staff members who were present at the meeting, including Attorney Leonard Rubin and new staff member Senior Planner Talal Benothman. APPROVAL OF NIINUUTES Mr. Solomon made a motion to approve the minutes of the November 9, 1999 meeting. Mr. Kunkle seconded the motion. It was noted that there were not enough members to vote who had been present • at the November 9 meeting to make up a quorum, therefore the minutes were tabled to be brought back at the next meeting. PLANNING AND ZONING COMNIISSION The roll was called by Melissa Prindiville, Secretary for the meeting. Present Absent Joel Channing, Chair Daniel Lee Cruz John Nedvins, Vice Chair Ted Rauch, Alternate John Glidden, Chair Pro Tem (Arrived at 6:48 p.m.) Craig Kunkle, Jr. Dennis Solomon Dorothy Williams Barry Present, Alternate Also present at the meeting were Growth Management Director Roxanne Manning, City Attorney Leonard Rubin, Principal Planners James Norquest and Kim Glas Castro, and Planner I John Lindgren. Public Hearing/Recommendation to City Council Petition PUD- 99 -13: PGA Concourse Center • A request by City staff to rezone the PGA Concourse Center from CN- Neighborhood Commercial • • .7 Planning & Zoning Commission Minutes November 23,1999 to PUD- Planned Unit Development in order to specify the permitted uses allowed for the site, which are professional, business, and medical offices, and those uses allowed in CN zoning districts. The site is located on the south side of PGA Boulevard, just east of BallenIdes Drive. (11- 42S -42E) Planner John Lindgren reviewed the staff report, and responded to questions regarding uses. Chair Charming declared the Public Hearing open. Hearing no comments from the public, Chair Channing declared the Public Hearing closed. Mr. Solomon made a motion to recommend approval to the City Council of PUD- 99 -13. Mr. Kunkle seconded the motion, which carried by unanimous 6-0 vote. Mr. Glidden was not present for this item. Recommendation to City Council Petition AX- 99-03: Annexation for Parcel 29.06 (Southwest portion of Parcel 29 01) Communities Finance Company is requesting Annexation of a 3.21 -acre parcel of land located at the northwest corner of Cabana Colony, one - quarter mile north of the intersection ofAlternateAL4 and Florida Boulevard, on the north side of Holiday Road Principal Planner Kim Glas Castro reviewed the staff report, responded to questions regarding the voluntary annexation, and explained that this property would be a part of the Toll Brothers PUD and would provide space on which to construct a Fire Department. Mr. Glidden arrived at this point in the meeting at 6:48 p.m., but did not join the Commission to vote on this item. Ms. Glas explained that the agenda should have listed this item as a public hearing and that it had been advertised as a public hearing. Chair Channing declared the Public Hearing open. Hearing no comments from the public, Chair Channing declared the Public Hearing closed. Mr. Solomon made a motion to recommend approval to the City Council of Petition AX -99 -03. Mr. Nedvins seconded the motion, which carried by unanimous 6-0 vote. LOCAL PLANNING AGENCY The roll was called by Melissa Prindiville, Secretary for the meeting. Present Absent Joel Channing, Chair Daniel Lee Cruz John Nedvins, Vice Chair Ted Rauch, Alternate 2 • Planning & Zoning Commission Minutes November 23,1999 John Glidden, Chair Pro Tem Craig Kunkle, Jr. Dennis Solomon Dorothy Williams Barry Present, Alternate Public Hearing/Recommendation to City Council Petition LU- 99 -02: Soverel Harbour Future Land Use Map Amendment A request by Hank Skokowski, Agent, for a Future Land Use Map amendment from a future land use designation of Commercial (C) to a future land use designation of Mixed Use (AM) for a Z 5- acre site- The site is located on PGA Boulevard appraximately 114 mile east of Prosperity Farms Road (5- 42S -43E) Principal Planner Kim Glas Castro reviewed the staff report, and clarified items for the members of the Board. Hank Skokowski, agent for the petitioner, presented a graphic depicting the site and surrounding area, described uses for those areas, and requested the ability to integrate residential use into the now solely • commercial use for this site. Chair Charming declared the Public Hearing open. Hearing no comments from the public, Chair Charming declared the Public Hearing closed. Mr. Skokowski responded to questions from the Board that a standard hotel could now be built but no residential units either single - family or multi - family. Mr. Solomon commented he had no problems with the change but noted ingress/egress of traffic would be a challenge. Mr. Solomon requested the applicant bring back pictures of curb cuts and access in and out of PGA Boulevard and information regarding the rights of adjacent property residents to cross this property. Mr. Kunkle questioned whether the western neighbor had indicated cooperation for access from Prosperity Farms Road, to which Mr. Skokowski responded that although there were certain rights between some property owners but he was unsure whether they extended over the entire site. Mr. Skokowski explained that traffic use should be favorably impacted by the requested change in the land use; which would be specifically addressed when an application was submitted, and height limitations would be considered under a PUD application. Mr. Skokowski indicated that although the Board should not rely on what the owner might do since this request was just for a change in land use, the owner was considering a number of different kinds of uses including a marina or a development that continued to incorporate boats and boat storage but in a totally redeveloped fashion that would allow it to work well with residential use. Mr. Solomon made a motion to recommend to the City Council approval of Petition LU -99 -02. Mr. Kunkle seconded the motion, which carried by unanimous 6-0 vote. Mr. Glidden did not vote because of conflict of interest. 0 3 • Planning & Zoning Commission Minutes November 23, 1999 Public Hearing/Recommendation to City Council PetitionLU- 99 -06: Future Land UseManAmendmentforParce129 ..06(SouthwestPortionofParcel 29.01 Communities Finance Company is requesting a Future Land Use Plan MapAmendment of a 3.21 - acre parcel of land at the northwest corner of Cabana Colony, one - quarter mile north of the intersection of Alternate AIA and Florida Boulevard on the north side of Holiday Road The applicant is seeking to convert the current Palm Beach County future land use designation of Medium Residential (MRS) to the City of Palm Beach Gardens future land use designation of Residential Low (RL) Density. Principal Planner Kim Glas Castro explained this was the land use proposal for the property already considered by the Board this evening as voluntary annexation, and reviewed the proposal. Chair Chanting declared the Public Hearing open. Hearing no comments from the public, Chair Chanting declared the Public Hearing closed. Ms. Williams made a motion to recommend to the City Council approval of Petition LU -99 -06. Mr. Solomon seconded the motion, which carried by unanimous 6-0 vote. Mr. Glidden did not • vote due to conflict of interest PLANNING AND ZONING COMlYIISSION The roll was called by Melissa Prindiville, Secretary for the meeting. Present Absent Joel Charming, Chair Daniel Lee Cruz John Nedvins, Vice Chair Ted Rauch, Alternate John Glidden, Chair Pro Tem Craig Kunkle, Jr. Dennis Solomon Dorothy Williams Barry Present, Alternate Public Hearing/Recommendation to City Council Petition PUD- 99 -14: BellSouth Expansion Rod A. Feiner, Esquire, agent for BellSouth, is requesting planned unit development approval for • 4 • Planning & Zoning Commission Minutes November 23,1999 the expansion of a telephone switching station. The proposed expansion will increase the size of the existing building from a 23,094 square foot one -story building to a 47,231 square foot two-story building. The site is on the south side of RCA Boulevard approximately 0.2 mile east of the intersection of RCA Boulevard and Alternate AIA. (7- 42S -43E). Planner John Lindgren reviewed the staffreport and reported staffrecommended approval with the seven conditions of approval in the report; however, two conditions had not yet been finalized. Condition 1, regarding culverting of the ditch, was still being worked out between staff, Public Works, and the engineer. Mr. Lindgren reported that Condition 5 had been re- worded to convey right -of -way along the south side of RCA Boulevard to Palm Beach County. Mr. Lindgren advised that staff recommended approval of the three requested waivers. In response to questions from Chair Channing, Mr. Lindgren explained that the applicant was agreeable to culverting the drainage ditch, that no sidewalk was provided because it would have to be torn up. Attorney Dick Koker explained he was standing in for Rod Feiner, and understood that BellSouth would pay the City for the necessary culvert, which funds would be used by the City when they installed culvert in that entire area. Ms. Williams commented that she liked the plan. Mr. Glidden questioned why the two arches were different heights, styles, and dimensions, to which the architect, Ted Rew, responded the arches were the same width and extra banding had been provided on the arch over the front entrance • to make it more dominant. Mr. Rew explained that the screen wall around the equipment was sixteen feet tall. Mr. Glidden commented he liked what had been done but did not know why the arches did not match in height. Mr. Kunkle questioned who would be responsible for maintenance of the wall being built by DiVosta, to which the response was that there was a joint agreement for the maintenance. Mr. Kunkle requested the Royal Palms fronting the building and street to be uniform heights of 24' overall rather than staggered heights as called for on the plans, to which the petitioner agreed. Chair Channing questioned the design of the banding on the arch, which was explained by the architect. Mr. Glidden commented he favored the same height. Discussion ensued, after which the Architect agreed to make the arches match in height. Mr. Glidden clarified for staff that both arches had the same spring line and the top of the front arch would be approximately the same height as the side arch. Chair Channing declared the Public Hearing open. Hearing no comments from the public, Chair Channmg declared the Public Hearing closed. Mr. Glidden made a motion to recommend approval to the City Council of Petition PUD -99 -14 with the following conditions: 1. Prior to construction plan approval, the applicant shall replace the drainage ditch on the north side of the subject site with a culvert if recommended by the City Engineer. 2. Prior to construction plan approval, the applicant shall provide a certified cost 40 5 • Planning & Zoning Commission Minutes November 23, 1999 estimate (acceptable to the City) for the money to be paid in lieu of a sidewalk along the northern boundary of the site. 3. Prior to the issuance of the final certificate of occupancy, the applicant shall submit money in lieu of the northern boundary sidewalk to the City. 4. The applicant shall comply with all requirements of the Roadway Beautification and Enhancement Plan once the plan is established by the City of Palm Beach Gardens. The applicant, successors, or assigns shall maintain said improvements per City landscape maintenance standards, which shall be adopted. Specifically, the applicant, successors, or assigns shall provide improvements in accordance with said plans in the following public right -of -way: Along the south right -of -way line of RCA Boulevard from the western terminus of this site to the eastern terminus of this site. 5. No later than the time of the filing of the final plat, the applicant shall provide the City with a recorded deed, deeding that portion of their property, which is located in the ultimate road right -of -way, to Palm Beach County. This dedication shall also be reflected on the property's plat. • 6. The mechanical equipment on the ground shall be completely screened by landscaping and a fence. 7. Prior to scheduling this petition for first reading by City Council, the applicant shall revise the preliminary paving and drainage plan (sheet C -1) so that it matches the other plans, which only show one handicap parking space. 8. The north elevation shall be modified to provide for the stucco arch spring line to match the spring line of the east arch. 9. Uniform 24' Royal Palms with 20' gray wood shall be provided as per the rendering. Motion was seconded by Mr. Kunkle and carried by unanimous 7-0 vote. Public Hearing/Recommendation to City Council Petition CU- 99 -01: Nativity Lutheran Church and Preschool A request by Anthony E. Oliver, agent for Nativity Lutheran Church, Inc., for a Conditional Use approval for a new fellowship hall (8,250 square feet), a future sanctuary (11,230 square feet), and the expansion of educational and administrative facilities (18,645 square feet). The site is at the northwest corner of Holly Drive and Plant Drive, (12- 42S-42E) • 6 • Planning & Zoning Commission Minutes November 23, 1999 Planner John Lindgren introduced the petition, and explained it had already been voted on by the Commission. Staffexplained that the last Public Hearing had been improper because notice had not been sent to the neighbors. Ed Oliver, Oliver & Glidden Architects, representative for the petitioner, indicated that notices had been sent and requested approval. Mr. Oliver stated the petitioner accepted the six conditions of approval. Chair Channing declared the Public Hearing open. Hearing no comments from the public, Chair Channing declared the Public Hearing closed. Mr. Solomon made a motion to recommend to City Council approval of Petition CU -99 -01 with the following conditions: 1. Prior to scheduling this petition for first reading by City Council, the applicant shall revise the landscaping plan to show more landscaping along the eastern boundary of the site (acceptable to the City Forester). 2. All future phases shall provide a landscape plan that meets the current landscape codes at the time of approval, so that by the completion of the final phase, the entire site • complies with the landscape code. 3. This approval applies only to the Master Site Plan and the Phase 1 Site Plan. Future phases shall require separate reviews and approval by the Site Plan and Appearance Review Committee/Planning and Zoning Commission and the City Council (including public hearings). 4. Paved dead -end parking on the site (the south dead -end lot) shall only be used by staff for the church and school; this parking shall also have signage on the wheel stops stating "Staff Parking Only." S. Subsequent phase approvals shall be held to the future `Roadway Beautification and Enhancement Plan" once the plan is established by the City of Palm Beach Gardens. 6. All proposed construction for this project must meet the applicable requirements ofPalm Beach County's Wellfield Protection Ordinance. Mr. Present seconded the motion, which carried by unanimous 6 -0 vote. Mr. Glidden withdrew due to conflict of interest. Mr. Lindgren advised that the six conditions of approval were for the site plan, and there were only two conditions recommended by staff for the conditional use petition. Mr. Solomon stated he would amend his motion as follows: • • Planning & Zoning Commission Minutes November 23,1999 Mr. Solomon made a motion to recommend to City Council approval of Petition CU -99 -01 with the following conditions: 1. This approval applies only to the Master Site Plan and the Phase I Site Plan. Future phases shall require separate reviews and approval by the Planning and Zoning Commission and the City Council (including public hearings). 2. The ultimate capacity for this site shall be limited to a maximum of 450 seats and 150 parking spaces. Mr. Present seconded the amended motion. Motion carried with unanimous 6-0 vote. Mr. Glidden withdrew due to conflict of interest. SITE PLAN AND APPEARANCE REVIEW CONIlVIITTEE The roll was called by Melissa Prindiville, Secretary for the meeting. • Present Absent Joel Channing, Chair Daniel Lee Cruz John Nedvins, Vice Chair Ted Rauch, Alternate John Glidden, Chair Pro Tent Craig Kunkle, Jr. Dennis Solomon Dorothy Williams Barry Present, Alternate Consideration of Approval Petition SP- 99 -14: Village Square Professional Park Building #3 A request by Glenn R Weller, agent forPFPark, Ltd, for architectura4 foundation landscaping, and irrigation approval of a building in the approved Village Square Professional Park (fka. Damerau Office Park) planned unit development (PUD). The 5,560 square foot building (Building #3) would be on Lot 2 (8- 42S -43E) Planner John Lindgren reviewed the staff report. Glenn Weller presented a perspective drawing to illustrate changes made since the last meeting, and explained that Bahia grass and Faxahatchee grass had been used at the suggestion of the City Forester to provide natural materials in the wetland area. Mr. Channing requested that the porticos and the false porticos be extended out eight inches in front of walls 0 8 Planning & Zoning Commission Minutes November 23,1999 on either side, as well as the columns, with the bands on the columns to project out at least one inch. Mr. Glidden commented that aright impact the setback line. Discussion ensued. Mr. Nedvins made a motion to recommend approval to the City Council of Petition SP -99-14 with the following conditions: 1. The front face of the wall of each of the three raised roof elements shall project out eight inches from the face of the balance of the remainder of the building. Motion was seconded by Ms. Williams. The motion carried by unanimous 7-0 vote. Public Hearing/Recommendation to City Council Petition SP-99-15.- Anspach Effort Parking Lot F.Vansion Mr. Jack Potrekus, agent for William E. Anspach, Jr., of Anspach Effor4 is seeking a site plan amendment to allow for the expansion of a parking lot by 37 spaces. The subject site is 7.0 acres and is at the southwest corner of the intersection of Riverside Drive (West Park Drive) and Northcorp Parkway. (7- 42S -43E) is Because ofthe unexpected early timing ofpresentation ofthis petition, the agent for the petitioner was not yet present. Staff advised that ifthe petition was approved as submitted there would be no problem; however, if there were any changes the petitioner must be heard. Principal Planner Tim Norquest presented the request. Stacking was discussed. Mr. Glidden commented he was willing to let it slide but that there was no need for dead end parking and described how the parking lot could be configured to hold the same number of cars without the dead end parking, which increased stacking. Mr. Norquest confirmed that in order to increase the existing space the applicant also had to increase drainage, for which the calculations had been approved by the City Engineer. Chair Channing inquired whether the petitioner was familiar with the three conditions in the staffreport, to which Planner Norquest responded there was a letter in the file briefing the petitioner. Sidewalks were discussed. It was clarified that there were no existing sidewalks and new 5' sidewalks had been agreed to by the petitioner. Chair Charming announced that the petitioner was not present; however, could object if he had a problem with the approval. Mr. Nedvins made a motion to recommend approval of SP-99-15 to the City Council with the following conditions: 1. The equipment exposed on the eastern side of the building which fronts Riverside Drive shall be screened per Resolution 47, 1992, and to the satisfaction of the City Forester. 2. Prior to issuing the construction permit, the paving and drainage plans shall take • 9 • Planning & Zoning Commission Minutes November 23, 1999 into account the existing oak trees around the existing southern detention area, and design the expansion of said area to avoid these trees. If this requirement cannot be accomplished, any oak tree in conflict with the proposed detention area expansion shall be relocated. 3. The four -foot wide sidewalks at the southwest end of the existing parking lot on the north side of the building, and at the eastern side of the proposed/existing parking lot on the western side of the building, must be a minimum of five feet (5') wide in accordance with LDR Section 62 -2202 and also to accommodate the American Disabilities Act (ADA). Mr. Kunkle seconded the motion, which carried by 6-1 vote, with Mr. Glidden opposed because he felt the parking lot could have been worked out without the dead end. APPROVAL OF NE NUTES Chair Channing announced that with the arrival of Mr. Glidden there were four members present who had attended the last meeting. • Mr. Solomon made a motion to approve the minutes ofthe November 9, 1999 meeting as submitted. Mr. Glidden seconded the motion, which carried by unanimous 4 -0 vote. OLD BUSINESS There was no old business to come before the Commission. NEW BUSINESS There was no new business to come before the Commission. ITEMS BY CITY COUNCIL LIAISON There were no items by the City Council Liaison. • 10 • Planning & Zoning Commission Minutes November 23, 1999 ADJOURNMENT There being no further business, the meeting was adjourned at 8:15 p.m. The nerd meeting will be held December 9, 1999. APPROVED: Joel Charming, Chair John Wedvins, Vice Chair Chair Pro Tem Dennis Solomon Craig Kunkle, Jr. (Absent) Daniel Cruz Doro by Williams _(Absent) Ted Rauch, Alternate eaAA, ��) Barry Pres , Alternate J w 'Me sa Prindiville Secretary for the Meeting • 11 FORM 86 MEMORANDUM OF VOTING CONFLICT FOR OUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS A%11 %110 011 \AM1: 1_1 pn�N pov'v�m ftll� dleo MAIIING U)11R1SS '' h dkNf 1_` c4 { y 1 El Fy Cot I N Tv GATE ON WHICH VOI F (X'Ct'R FD 44 No0 q NAME OF HOARD. C'OIIN('11.. COMMK%IO%. AU 1 1401411 Y. OR C'OMMMEE 1f2 1 Hi• 110ARD. COUNCIL COMMISSION, AUi HORIii' OR COMMnTEE ON WHIG 1 SERVE IS A UNIT OF CnY O COUNTY O 01 HER LOCAL AGENCY NAME O10 ITICAI. SU W _IF I MY POSITION IS: WHO MUST FILE FORM 811 o ELECTIVE 1ik/APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission. authority. or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. t Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing ;he re%erse side and filing the, form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.31431 FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING; TAKEN b% publicly itating to the as %embly the nature of your interest in the measure on which you are abstainine from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and Filling this form with the person responsible,Sor recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer, also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest. but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE :MEETING AT WHICH 4 T E VOTE WILL BE TAKEN: u should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. C DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on NDV 7i3 19 (a) measure me or will come before my agency which (check one) inured to my special private gain; or _ � _' - -- v inured -,to - the- to- 3ain af ot" "' —� v�� - by—w-hom_I_am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: //�c�G�i Date Filed Si NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. CE FORM 118 . 1.91 PAGE