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HomeMy WebLinkAboutMinutes P&Z 040897CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION April 8, 1997 MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chair Diane Carlino at 7:30 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. The roll was called by Administrative Secretary Jackie Holloman: Diane Carlino, Chair William Mignogna, Chair -Elect Jeff Ornstein, Chair Pro Tem Thomas Paganini Thomas Pastore John Nedvins, Alternate Joel Channing, Alternate Christopher Jones Mr. John Glidden arrived at 8:35 P.M. and replaced Mr. Channing. • Also present at the meeting were Assistant City Manager Gregg Dunham, City Attorneys Carol Wallace and Paul Golis, Principal Planner Marty Minor, Planner Bahareh Keshavarz, and Planner Edward Tombari. ITEMS BY PLANNING AND ZONING DIRECTOR Principal Planner Marty Minor announced that applications for Holiday Inn and LRP Publishing had been approved by City Council. ITEMS BY CITY COUNCIL LIAISON There were no items by the City Council Liaison. Minutes of March 25,1997 - Mr. Mignogna made a motion to approve the minutes as submitted. Mr. Nedvins seconded the motion, which carried by unanimous 4 -0 vote. Mr. Ornstein, Mr. Paganini, and Mr. Pastore abstained. PRESENTATION A service award was presented to past Planning and Zoning Commission Carl Sabatello for his eight years of service. Chair Carlino welcomed new alternate Joel Channing. Planning & Zoning Commission Minutes April 8, 1997 Recommendation to City Council: Petition SP- 97 -02, by Ray A. Kennedy, agent for Westwood Townhomes, for a modification to the elevations of 47 townhomes within the Westwood Gardens /Westwood Lakes Planned Unit Development (PUD) . Located on the south side of Hood Road and immediately east and west of Interstate 95. (35- 41S -42E) Principal Planner Marty Minor reviewed the staff report dated April 3, 1997. Mr. Minor explained that the plat called for 47 units, but because the original approval was believed to be for 46 units, the petitioner had been required to go through concurrency for that one unit. New evidence indicated that the original approval by the County had been for 47 units. Therefore, the Committee was not considering the number of units, but was looking at the elevations and their changes, and modification of traffic circulation from the originally approved group parking lot to individual driveways. Mr. Minor further clarified the approvals and dates that certificates of occupancy had been issued. Gary Brandenberg stated that he and Joe Verdone represented the petitioner. Mr. Brandenberg commented that this project had been approved by the County for 47 units, and offered copies of the original County approval for anyone who wished to see it. Mr. Minor directed attention to the most recent correspondence which had been • included in the Committee members' packets. After comments by Mr. Brandenberg, City Attorney Golis verified that the City agreed with Mr. Brandenberg that the issue was only a site plan approval at this point. Chair Carlino announced that this meeting was not a public hearing, however, after the architect's presentation, five or ten minutes of comments would be allowed since so many people were present. Joseph Legan, SLA Architects, reviewed the architectural revisions. Mr. Legan explained that the units would be two -story townhomes with garage parking within the unit and backup space in the drives. One - story units had been provided at the end of each building. Mr. Legan described roofline revisions, additional landscaping, and interior layouts for different models. The petitioner was requested to provide tile and trim material samples. Mr. Nedvins questioned the extent to which building colors were regulated in project documents, to which Mr. Brandenberg responded that the County did not regulate colors to the same extent as the City, and described his client's activities over the past two years in working with this project. Mr. Minor verified for Mr. Nedvins that the issues which Mr. Brandenberg stated had been resolved had truly been resolved. Mr. Nedvins expressed his opinion that the buffer zone for I -95 should not be tied to the last certificate of occupancy, but should be tied to either the first C.O. or completion of the infrastructure. Mr. Nedvins questioned the role of Weyerhauser, to which Mr. Brandenberg responded that he would obtain 4 Planning & Zoning Commission Minutes April 8, 1997 the answer. Mr. Nedvins requested that the issue of the wall be checked to be sure that issue was resolved before proceeding too far. Mr. Paganini and Mr. Pastore expressed the opinion that a landscape buffer would need to be installed. Mr. Ornstein questioned whether a permit had been issued to replace the wall. Attorney Golis advised that there had been an ongoing lawsuit between the homeowners association and Weyerhauser for a period of four years, and he personally did not recommend that the City become involved. Attorney Golis stated his legal opinion was that under Article 2, Section 2, Declaration of Covenants, only the declarant could construct in common areas (Tract A). Attorney Golis stated that he did not believe the homeowners, under their own Declaration of Covenants, could build a wall. Attorney Golis referred to a report prepared by the homeowner association and expressed his opinion that who must build the wall was an issue separate and apart from this Board and that this Board could not make that determination. Mr. Brandenberg stated the petitioner had no problem installing the landscaping before the first C.O. was issued. Mr. Ornstein commented that the proposed traffic would result in safety hazards and congestion. Mr. Ornstein questioned the type of site lighting proposed and requested that a color board be presented to staff. Mr. Brandenberg commented that revisions had been made per staff requests and approved by the City Engineer. In response to a question from Mr. Channing, Mr. Brandenberg explained that the present developers were the successor owners of a portion of the property and that most of the common area issues were between them and the original developer or were covered by the initial bonds on the project, which both County and City had released, and the project turned over to the homeowners association. Attorney Golis confirmed that this Board should consider landscape requirements. Attorney Golis also commented that the Declaration of Covenants of Westwood Gardens said that only the declarant could construct in the common areas; and a portion of the wall in the common area under discussion had never been completed. Further discussion ensued regarding the history of the development and the portion of the property for which the petitioner was responsible. Chair Carlino invited comments from the public. Cari Podesto stated that she represented Westwood Gardens Homeowners Association as their attorney and was also a resident of the community. Ms. Podesto stated that it was her understanding that when the City annexed the project that they had annexed what was approved on the then existing site plan, so there was a later dated master plan than the one before the Board showing the reduction of one unit. Ms. Podesto stated that it was her understanding that unit could not be reinstated without going before the Board of County Commissioners for approval. Ms. Podesto stated that the petitioner as the declarant under the Homeowners Association documents was responsible for all common areas; advised that this was the last opportunity the City would have to review this project and that therefore the Homeowners Association was relying upon the City to assure compliance with all previous conditions. Chair Carlino explained that the Board must rely • 3 • Planning & Zoning Commission Minutes April 8, 1997 upon staff and the City Attorney's opinion, and that her letter was a part of the record. Ms. Podesto also commented that the City had issued a code enforcement letter regarding the wall, and the Homeowners Association did not have the right to replace the wall, and the Homeowners Association would take the position that if the City did not require compliance with all conditions that the City had waived those conditions. Chair Carlino closed comments from the public. After comments were made out of order, Police officers were called by Assistant City Manager Greg Dunham to clear the room. Jeff Ornstein made a motion for recommendation to City Council for approval provided all infrastructure and landscaping required under this petition be installed and complete prior to the first certificate of occupancy., in addition to staff's condition of approval. The motion was seconded by Tom Pastore. During discussion of the motion, Tom Pastore agreed with Jeff Ornstein that there were certain thins over which the Planning and Zoning Commission had no control. Motion was approved 6/0 with Joel Channing abstaining. Alternate Joel Channing stepped down and was replaced by John Glidden, who arrived at 8:35 P.M. Public Hearing: Petition PUD- 96 -04, by Glenn Pate, Agent for Palm Beach Gardens Christ Fellowship Church, seeking PUD approval for the construction of an 80,760 square -foot church which would accommodate approximately 2,500 people for worship services. The proposed Christ Fellowship Church is located on the north side of Northlake Boulevard and east of Gibson Road. (14- 42S -42E) Principal Planner Marty Minor reviewed the staff report dated April 3, 1997. Mr. Minor verified that the petitioner had not made any changes since the last meeting. Glenn Pate commented that the landscaping exceeded by 1,000 points the required number of points. Mr. Ornstein commented that the petitioner had not addressed issues. Chair Carlino declared the public hearing open. Julie Rossow, 9043 Cypress Hollow Drive, stated that she was present to express the views and concerns of the Cypress Hollow Homeowners Association, was a former and current member of the Board, and that the Board had not changed its opinion of this project with the election of new members to the Board. Ms. Rossow commented that the Board had met only once with Pastor Mullins before the current plans were developed, that the Homeowners Association did not support the project because of the massive size, the height of the auditorium and 4 Planning & Zoning Commission Minutes April 8, 1997 the steeple in a residential area, traffic congestion on Northlake Boulevard, and possible future expansion. Ms. Rossow commented that residents believed notification of final consideration of this project by the City should be given to more than a 500 foot radius since this would affect the whole community, and that the Hunt Club, Horseshoe Acres, BallenIsles, and Steeplechase should be involved. Roy Allen, 10235 Hunt Club Lane, stated that he was a member of the Board of Directors for the Hunt Club Homeowners Association representing 127 homes in the Hunt Club. Mr. Allen explained that their Board had met many times with Pastor Mullins and did not oppose the church on that site; however, did not support the current site plan because of the size and height which was felt to be too intense for a residential community. The Hunt Club strongly opposed any egress on Gibson Road, and felt that traffic flow would be a potential hazard. The Hunt Club was also concerned with future expansion. Jeff Presser, a Cypress Hollow resident, expressed agreement with other comments and expressed concern with the volume of traffic. Mr. Presser requested that all six lanes of traffic not be blocked, but that one lane be left open. Helen Mauer, a resident on the east side of Cypress Hollow Drive, ob)ected to the number of cars at evening services, the size of the building, and the possibility that the church might be used for other . functions. Chair Carlino declared the public hearing closed. Mr. Pate commented that the church wished to be a positive asset to the community and reviewed changes which had been made to attempt to accomplish that goal. Mr. Pate requested that the Commission vote to approve this project. Mr. Mignogna made a motion to deny Petition PUD -96 -04 based on its intense impact on the surrounding area. Mr. Pastore seconded the motion. During discussion of the motion, Mr. Glidden stated he would not support the motion because he believed all Code site development had been met and that the only legitimate controversy was traffic impact, for which there were solutions. Mr. Ornstein expressed support for the motion and concern that a positive recommendation to the City Council for the presentation before the Commission would be endorsing that particular plan which left issues unresolved. The motion carried by vote of 5 -2, with John Glidden and Tom- Pasteeer opposed. fa�amtp i Public Hearing: Petition CU- 06 -08, by Slattery and Root Architects, agent for Temple Beth David, for the expansion and renovation of the existing Temple Beth David site. This petition would amend the existing Conditional Use in a RL -1 residential low density district. Temple Beth David is located at 4657 Hood Road, between Military Trail and Central Boulevard. (36- 41S -42E) • 5 Planning & Zoning Commission Minutes April 8, 1997 Principal Planner Marty Minor reviewed the staff report dated April 3, 1997. Doug Root, Architect with Slattery and Root, representative for the petitioner, described the site plan and elevations for the building, and stated agreement with staff recommendations. A brief discussion was held regarding the menorah insignia on the building. Chair Carlino declared the public hearing open. Hearing no comments from the public, Chair Carlino declared the public hearing closed. Jeff Ornstein recommended approval of Petition CU -06 -08 to the City Council with the following conditions: (1) The applicant shall submit a lighting plan that verifies the illumination requirements for parking lots as stated in Section 118- 474(4) prior to the issuance of the Building Permit. (2) The applicant shall submit a permit from Palm Beach County for the proposed right turn lane and median opening in Hood Road prior to the issuance of a buildincl permit. If Palm Beach County's Access Management Plan prohibits the median opening, a method for eastbound traffic to access the project must be concluded to the satisfaction of the City and County prior to the issuance of a building permit. (3) The drainage easement for positive legal outfall should be recorded before receiving final approval of Site Construction Plans and the Boundary Plat. (4) Temple Beth David shall contribute to the landscape /irrigation installation cost for 120' of the Hood Road median beautification plan, at the time of the improvement. The maintenance responsibility of their portion of landscaping shall also be coordinated. (5) All exotic invasive plants shall be removed prior to the Certificate of Occupancy. (6) Any request for off -site work within the undeveloped parcels to the west or north, prior to the site plan approval of these areas, shall adhere to all tree protection codes, requiring, at a minimum, a clearing permit issued by the Building Department through coordination with the City Forester. (7) The turnout radii at the western entrance should be graphically shown and noted as 40 feet minimum per the Land Development Regulations, section 114 -215 (c). In addition, the site plan should indicate the location of a stop sign at the exit. • 6 • Planning & Zoning Commission Minutes April 8, 1997 The motion was seconded by John Glidden, and carried by unanimous 7 -0 vote. Public Hearing: PUD- 95 -07, by David L. Carpenter, agent for 2KS Management, Inc., is requesting a rezoning from CG -1 (General Commercial to PUD (Planned Unit Development) of 2.92 acres and PUD site plan approval for an existing boat sales operation on 7.47 acres north of PGA Boulevard and west of the Intracoastal Waterway. (5-425 - 43E) Principal Planner Marty Minor reviewed the staff report dated April 3, 1997, and verified that there had been no changes since the last presentation. David Carpenter, agent for the petitioner, explained that at some time since the project inception in 1972 the outside boat storage had come under question, that no changes were proposed in the plan or existing uses except for changes in landscape requested by Mr. Callendar, owner of the adjacent River House restaurant. Mr. Carpenter reviewed the petitioner's requests relating to waivers. A 15 -foot landscape buffer would be installed along PGA Boulevard, however, a waiver was requested to not install the buffer in a small area to allow a forklift to maneuver. The second waiver request was not to duplicate the buffer between the boat warehouse and River House. The third • waiver was not to duplicate the buffer between the northwest side of the River House parking lot and the boat and parking area. The final waiver was a request that the total required landscape points be waived. Mr. Carpenter described proposed landscaping, and discussed the requirement for meandering sidewalks. Mr. Carpenter explained that this request was made to comply the requirement to request a PUD and that all marina activities were permitted under a PUD. Mr. Ornstein suggested that parking could be placed in front and boat sales placed to the west. Discussion ensued. Mr. Straub, owner, explained that his company did not do vertical construction and that their company had land banked this small marina, and discussed the possibility of a possible high -rise building on this property by new owners when this building needed to be torn down and replaced. Mr. Glidden expressed his opinion that this would be a short -term use of this site and that it was probably reasonable to grant approval. Chair Carlin declared the public hearing open. Hearing no comments from the public, Chair Carlino declared the public hearing closed. Mr. Pastore made a motion to recommend approval to the City Council of Petition PUD -95 -07 with no recommendations, prefaced by a statement that he would not normally go against staff recommendation. Mr. Paganini seconded the motion. During discussion of the motion the petitioner agreed to accept an amendment to tie the landscaping to a time certain of 90 days. Mr. Ornstein stated he had no problem with the first waiver, but believed that further landscaping could be done in other areas. Discussion ensued. Mr. Ornstein made a motion to 7 • Planning & Zoning Commission Minutes April 8, 1997 amend the previous motion to grant approval for waiver number one, to supplement the existing buffer north of the warehouse, and to landscape according to code the north -south property line at the east end of the lot, with all landscaping to be installed within a 90 -day time certain. Mr. Mignogna seconded the motion. The vote in favor of the amendment was 7 -0 and the vote to approve the motion with the amendment was also 7 -0 in favor. OLD BUSINESS There was no old business to come before the Commission. NEW BUSINESS There was no new business to come before the Commission. r;1 • Planning & Zoning Commission Minutes April 8, 1997 There being no further business, upon motion by Mr. Ornstein, seconded by Mr. Mignogna, and unanimously carried, the meeting was adjourned at 10:00 P.M. The meeting scheduled for April 22, 1997, has been cancelled. The next meeting will be held on May 13, 1997. APPROVED: L', Diane Carlino, Chair J William Miqnoqna, Chair Elect (Absent) Christopher Jones kie Holloman, Secretary a 9