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HomeMy WebLinkAboutMinutes P&Z 010802i CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION REGULAR MEETING January 8, 2002 MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chair Dennis Solomon at 6:05 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. ROLL CALL Betty Laur, Secretary for the meeting, called the roll for the Planning and Zoning Commission and for the Land Development Regulations Commission.. Present Absent Dennis Solomon, Chairman Craig Kunkle, Jr., Vice Chairman Chairman Pro Tern Barry Present Joel Charming John Glidden — arrived at 6:10 p.m. Dick Ansay Steven Tarr Alternate Ernest Volonte Alternate David Kendall — arrived at 6:12 p.m. Also present were Growth Management Director Charles Wu, Principal Planner Talal Benothman, Senior Planner Edward Tombari, Planner Kara Irwin, and City Attorney Len Rubin. Mr. Volonte was seated on the Board initially because Mr. Glidden had not yet arrived. REPORT BY GROWTH MANAGEMENT DIRECTOR Growth Management Director Charles Wu announced that since the last meeting, the City Council had approved the Evergrene PCD by 3 -2 vote, and extensive discussion had centered around the buffer on the east side of the wall abutting the railroad tracks. The applicant had agreed to provide oaks at 50' on center outside the wall. Mr. Wu reported that the site plan for Parcel 4B within Evergrene had been continued to an undetermined date since the Council felt the homes were too tight and questioned whether emergency vehicles had sufficient room to service the community. The applicant was working on changes to the site plan. Mr. Wu explained that during consideration of Parcels 1, 2 & 7 within Evergrene, Councilmember Clark had expressed concern that the space • between buildings was not wide enough to service the backs of the homes. Other concerns were that the lots were too small and the setbacks were not adequate. Mt. Wu reported that the applicant was working on revisions and would bring the plan back. Mr. Present, who had attended the City 1 • Planning & Zoning Commission Minutes January 8, 2002 Council meeting, commented that the City Council had taken a hard stand. Mr. Channing recommended another joint session with City Council since they seemed to be going in different directions than the Planning and Zoning Commission. Mr. Wu announced that a joint workshop would be held on Thursday, January 10 prior to the City Council meeting. Mr. Channing commented he would be out of town on Thursday, and he would like another meeting together. Mr. Channing commented when somebody worked really hard to do something innovative, the Council acted like the Planning and Zoning Commission had been way off the track, which needed to be sorted out, and one of the complaints from new businesses who considered locating to Palm Beach Gardens was the process Mr. Channing commented that bad signals were being sent out because things seemed to be okay and then were radically wrong. Mr. Wu announced staff's position had changed since the last meeting so that now that waivers must be justified or there would not be staff support, and that staff would provide information on similar waivers that had been approved so that City Council would have more of a comfort level in granting waivers. Mr. Wu reported the City Council had also continued the Alta Pines project, and that the applicant had resisted providing a sidewalk around the lake. Mr. Wu announced that the City Council had requested the workshop to be held next Thursday night. Chair Solomon commented that some of these projects were more different and unusual than the Council was used to seeing, and that Planning and Zoning had done a thorough job. Chair Solomon expressed his opinion that part of the problem the City Council might have was when they came up against something unexpected and did not have a chance to get used to it, and the Planning and Zoning Commission had seen it two or three times. Chair Solomon commented the City Council had the last word. Mr. Ansay commented that the Evergrene project was so desirable and that was why the Planning and Zoning Commission had favored it, and there were no homes on the main road, to which Chair Solomon responded that there were always tradeoffs. At this point, Mr. Volonte stepped down and Mr. Glidden was seated. APPROVAL OF MINUTES Meeting minutes of 12/11/01: Mr. Channing requested deletion of the last paragraph under New Business Mr. Kunkle made a motion to approve the minutes of the December 11, 2001 meeting as amended. Mr. Ansay seconded the motion, which carried by unanimous 7 -0 vote. Meeting minutes of 12/18/01: Mr. Kunkle made a motion to approve the minutes of the December 18, 2001 meeting as submitted. Mr. Present seconded the motion, which carried by unanimous 7 -0 vote. PLANNING AND ZONING COMMISSION • Planning & Zoning Commission Minutes January 8, 2002 Public Hearing and Recommendation to City Council Petitions CU -01 -06 and SP- 01 -44: Christ Fellowship Church South Campus Amendments Mr. Joe Ryan, of the Palm Beach Gardens Christ Fellowship Church, is requesting a conditional use amendment and a site plan amendment to allow for the removal of conditions of approval to Resolution 5, 2000 and Ordinance 34, 1999, which prohibited the use of shuttle bus service from the site and prohibited the reception of simultaneous broadcasting. The Christ Fellowship South Campus site is located t 5312 Northlake Boulevard, approximately 1-112 miles west of Military Trail. (23- 42S -42E) Senior Planner Edward Tombari presented the project. Chair Solomon declared the public hearing open. Joan Altwater, 9180 Cypress Hollow Drive, President of Cypress Hollow Homeowners Association and member of the original negotiation team, explained that the HOA had voted that they were opposed to any changes in conditions of approval to the south campus. Ms. Altwater advised that shuttle vans were operating between the north and south campuses, and that there was overflow parking at Gardens Learning Center. Ms. Altwater reported there was no police control for traffic at the exit to the south campus. Ms. Altwater commented regarding comparing this to other churches that no other church in Palm Beach Gardens had campuses on each side of a major thoroughfare. Regarding simulcast broadcasting, Ms. • Altwater noted it was the City's job to enforce this and the conditions of approval had been accepted by the applicant and had not changed. Ms. Altwater expressed her opinion that things were working because of the conditions of approval. Ms. Altwater reported that parking was being done on a 10- acre parcel acquired last yea, which she was told was being done under a special permitted use allowed by staff. Ms. Altwater commented this was against City code because a project must have enough on -site parking. Keith Paulus, 10100 Hunt Club Lane, President of Hunt Club Homeowners Association, indicated he was representing 127 homes, that he was speaking for the majority of the homeowners and for the Board of Directors, and that the community had been surveyed. The Board had passed a Resolution in favor of the City of Palm Beach Gardens maintaining all current conditions of approval of the Christ Fellowship PUD. Mr. Paulus commented at a City Council meeting, Councilmember Sabatello had said the PUD process was a negotiation. Mr. Paulus stated this project had been negotiated four years ago and to remove parts of the agreement would discount all of the work done by City staff, the petitioner, and residents. Mr. Paulus commented the south campus did not have sufficient parking and used the 10 -acre parcel for parking. Mr. Paulus urged the Commission to revisit the parking study. Mr. Paulus indicated the Hunt Club was against the shuttle and simulcast broadcasting since that did not keep the north and south campuses separate. Mr. Paulus commented if a similar request were made by someone else, the City would have to look at current conditions, and urged the Commission to deny the petition. Mr. Tombari reviewed the minutes of the original condition that there would be no simultaneous worship services held on the north and south campuses and no simulcasting. • 3 • Planning & Zoning Commission Minutes January 8, 2402 Joe Ryan, Executive Administrator of Christ Fellowship Church, indicated the applicant had believed the north and south issues to be combined at the last presentation. Mr. Tarr asked what conditions had come up since the original approval that caused the Church to come back for these changes, to which Mr. Ryan responded that things had changed, since prior to the conditions being imposed the Church had no experience as to what it would be like and thus did not foresee the challenges of people on both sites and the danger pedestrian traffic created; and also that after 9/11 the Church had seen an increase but prior to 9/11 there had also been an increase in people wanting to attend. Children's activities were on the north campus and adult services on the south campus, which created traffic back and forth, which was part of the reason for asking for the shuttle. Mr. Ryan stated there was no strategy on the part of the applicant for trying to get approved. Mr. Ryan commented there were a number of instances where Pastor Mullins recalled comments by the City such as "Let's get it approved and see how it goes and hopefully we would allow you to make modifications in the future." Mr. Tarr asked Mr. Ryan for comments regarding the earlier comments made as to overflow parking. Mr. Ryan responded that the parking at the preschool was an error and should not have occurred, and parking at the school had been stopped. Mr. Ryan explained that the church owned 10 acres immediately east and applied for a special permit for parking there on Christmas Eve. Prior to that they had parked there, which was an error and now it was not normally used. Mr. Tarr asked if there were additional conditions that were part of the PUD that would be looked at at a later time or if the church was asking for deletion for all of the conditions. Mr. Ryan commented the language was being modified; the petitioner was not seeking wholesale deletion of all of the conditions. Mr. Tarr commented he did not treat this as a north -south issue because each directly affected the other so it was all one issue, but the formality the City was going through was to comply with the law. Mr. Tarr agreed with Mr. Paulus that in the PUD process there had been negotiations for parking and there were mitigating circumstances, but it was not fair to the surrounding neighborhoods to pick and choose which restrictions the church wanted deleted at a later time without any concessions. Mr. Tarr commented his problem was with procedure and with relaxing conditions so soon after the PUD had been approved. Mr. Glidden commented when the north campus was presented the Board had voted for the shuttlebus and simulcast conditions to be deleted. It was noted there had been one dissenting vote. 'Mr. Glidden asked to what extent those items were to be re- hashed. Chair Solomon commented it was probably the same issue, but people's rights were concerned so he had no problem taking extra time to go over it. Mr. Ansay reminded those present there had been one other issue, the outside ceremonies. City Attorney Rubin advised there had been a lot of items considered before, and these were two of them, but there was a problem of a procedural issue, because the only items properly noticed at the last meeting had been for the north campus. After the last meeting, staff had realized the shuttlebus was only for the south campus and that simulcasting involved both north and south. Mr. Present asked if the church had intended selling the south campus when the new building was completed. Mr. Ryan indicated he did not know. Mr. Tombari responded that question had arisen during the original approval process and the church had indicated they did not intend to sell. Mr. Tarr commented that if the audio tape of the last Planning and Zoning meeting was checked, one would find that four members of this board spoke not in favor of allowing restrictions to be deleted until Mr. Wu brought up that the City had questioned that the conditions may have been arbitrary, as well as a legal requirement for the City to 4 • Planning & Zoning Commission Minutes January 8, 2002 • allow the restrictions and that a lawsuit would force the City to delete the restrictions. Mr. Tarr recalled that at that point the vote went back the other way, except for his vote. Mr. Tarr asked the City Attorney what the legal requirements regarding these conditions under the freedom of worship act were, the effect of the fact that other churches did not have these restrictions, and the likelihood of a lawsuit prevailing. Attorney Rubin responded that the law referred to, which was the religious land use act, had been passed after the church received its initial approval, but the church believed it could be retroactive and the City took the position that it could not be retroactive, but that had not been determined. Attorney Rubin explained he could not answer the likelihood of a lawsuit prevailing. Mr. Tarr asked if, after reviewing the minutes, staff still believed the restrictions were arbitrary in nature. Mr. Tombari responded that the Police Department had developed a traffic statement regarding directing traffic at churches based on their experience at other churches and the 90- second law had been based on experience with traffic operations. The seating number of 1,750 was not based on any specific criteria except that 1,200 had been too little and 2,400 too much. The issue with simulcast broadcasting had been based on the concern that both sanctuaries would be used simultaneously thus being able to achieve a larger number of seats. Mr. Tombari clarified that the church did have approval through their zoning and concurrency to operate simultaneously, and staff recommended removing these conditions. Mr. Tarr commented the reason some of the Commission members had changed their votes at the last meeting might not be the same thinking as at this meeting; and he would stick to his vote of no. Chair Solomon expressed his opinion it would be a lot better if there was a traffic light but that was not under consideration; that he had observed that the police seemed to enforce the 90- second rule; and that while it would be nice if when they made an agreement people would stick to it, a person or entity should have the right to petition their government for relief or changes. Chair Solomon commented that the speakers tonight made valid points which were to do with traffic control and traffic. Mr. Solomon commented that the City had noise control ordinances,. Chair Solomon commented he was still in favor of deleting these two conditions. Mr. Channing made a motion to Recommend to City Council approval of Petitions CU -01 -06 and SP- 01 -44. Mr. Ansay seconded the motion, which carried by 6 -1 vote with Mr. Tarr opposed. Chair Solomon declared the public hearing closed. Recommendation to City Council Petition SP- 01 -40: Site Plan Approval Request for Gardens Mall Restaurants A request by the Forbes Company, owner of Gardens Mall, to consider and approve a site plan petition for the addition of two restaurants to the existing Gardens Mall. The addition for the two restaurants will be next to the Burdines Department Store on the south side of the mall. Gardens Mall is located along PGA Boulevard between Alternate AIA and Prosperity Farms Road. (6- 42S-43E) 5 • Planning & Zoning Commission Minutes January 8, 2002 Principal Planner Talal Benothman presented the project. Mr. Charming mentioned that the Design Guidelines committee was discussing the issue of lettering on awnings, which was not currently allowed, and that might be changed in the future. Mr. Benothman responded that when a petition was reviewed, it must be done according to what was currently allowed. Tom Cairnes, representing Forbes Company, owner of Gardens Mall, introduced Jim Ryan, the designer of both the original mall and the building shell for these restaurants. The applicant advised they had agreed to move the valet parking booth to in front of P. F. Chang's, as proposed by staff. Mr. Glidden expressed his opinion that this project would be an asset to the mall, and commented that metal screens were proposed for screening equipment, and noted that new design guidelines would require screens to be the same material as the buildings. Mr. Glidden commented there was almost no parapet wall in portions of the front. The applicant confirmed all equipment would be screened, which could not be shown on the plans at this point because the equipment layouts from the tenants had not yet been received. The applicant described the type of metal screen that would be used. Mr. Glidden requested the applicant not do their screening the way it had been done on the municipal complex. Mr. Ryan described the painted metal aluminum trellis. Mr. Glidden requested an elevation defining the height of the trellis. Mr. Glidden clarified that signage on the awnings was not currently allowed and the only way around it at this point would be a variance. The applicant commented they would not do any lettering on the awnings and if the tenant wanted to do it they would have to make a request. Mr. Glidden requested a condition that the equipment screen be constructed out of a solid aluminum or metal finish panel similar to lucca bond or a solid material, not a corrugated metal, and that all equipment be properly screened. Mr. Channing and Mr. Kunkle commented the project was beautiful and well done. Mr. Ansay concurred, and asked if the Tavern at the Gardens was affiliated with the one in New York. The applicant responded that tenant was no longer expanding since 9/11. Mr. Glidden requested larger site plans in the meeting packets. Chair Solomon commented staff had recommended eight conditions, that number 9 would be regarding the parapet roof material; number 10 — no signage; and number 11 — the material on the trellis. Mr. Glidden made a motion to recommend to City Council approval of Petition SP -01 -40 with the following conditions: 1. Prior to construction plan approval, potable water conservation devices shall be incorporated into project buildings, per Condition 12 of the Development Order of the Regional Center DRI. 2. Prior to construction plan approval, energy conservation measures identified in the Application for Development Approval (ADA) shall be implemented, per Condition 24 of the Development Order of the Regional Center DRI. Planning & Zoning Commission Minutes January 8, 2002 3. Prior to construction plan approval, the subject project shall comply with the energy plan established by the Property Owners Association Architectural Review Board (Board) for the Regional Center DRI, per Condition 25 of the Development Order of the Regional Center DRI. 4. Prior to issuance of the first Certificate of Occupancy, the applicant shall demonstrate that a full line of energy - efficient appliances and equipment will be used in all buildings on site, per Condition 27 of the Development Order of the Regional Center DRI. 5. Prior to issuance of Certificate of Occupancy, the applicant shall demonstrate that all strike areas of perimeter doors are equipped with a reinforced, case hardened strike plate. 6. Prior to issuance of Certificate of Occupancy, the applicant shall demonstrate that glass perimeter doors are equipped with case hardened guard rings to protect the mortise lock cylinder. 7. Prior to issuance of Certificate of Occupancy, the applicant shall demonstrate that an alarm system for each restaurant is installed. . 8. Prior to scheduling this petition before the City Council for review and approval, the petitioner shall revise the drop off area for the eastern portion of the proposed expansion to avoid any conflict between the valet parking operation and pedestrian traffic entering/exiting the mall entrance. 9. The roof screen wall system shall be constructed out of a solid metal panel similar to a lucca bond product or a solid stucco -like synthetic material, and specifically not of a lower quality aluminum product. 10. All rooftop equipment including roof fans shall be maintained behind the screen wall. 11. Signage on the awnings shall not be allowed. 12. Prior to City Council review applicant shall provide enough detailed information to define the parameters of the free - standing trellis height and material, in architectural elevations and plans. Mr. Channing seconded the motion, which carried by unanimous 7 -0 vote. Public Hearing and Recommendation to City Council . Petition ZON- 01 -01: Rezoning of the Hungaland Slough Tract 7 Planning & Zoning Commission Minutes January 8, 2002 A City - initiated request to rezone 730.3 acres of land from Planned Development Area (PDA) to Conservation (CONS) pursuant to an Interlocal Agreement with Palm Beach County. The site is located west of the Bee Line Highway, approximately 3.5 miles north of the intersection of Bee Line Highway with PGA Boulevard. Planner Kara Irwin presented the project. Chair Solomon declared the public hearing open. Hearing no comments from the public, Chair Solomon declared the public hearing closed. Mr. Present noted it was the responsibility of the City to remove exotic vegetation, to which Ms Irwin responded that the County would provide a management plan for the tract and the City had to agree to it but would be able to provide input, and in addition to removal of exotics, the City also was to provide law enforcement and trash pickup in the area. Mr. Kunkle moved to recommend to City Council approval of Petition ZON- 01 -01. Mr. Ansay seconded the motion, which carried by unanimous 7 -0 vote. LAND DEVELOPMENT REGULATIONS COMMISSION Workshop Petition TXT- 01 -08: Flood plain Management Ordinance A City - initiated request to enact a flood damage prevention plan that conforms with the National Flood Insurance Act of 1986, as amended, and to adopt floodplain management regulations that meet the standards of the National Flood Insurance Program, which include the repeal of Ordinance 4, 198 7 and existing regulations; the revision of Section 78 -523, "Design Storm "; and the provision of a new Subdivision VI in Division 9 of Article V of Chapter 78 of the City Code of Ordinances entitled "Floodplain Regulations." Mr. Wu explained that staff had discovered the City was not in the National Flood Insurance Program, and was trying to resolve conflicts within the City's own regulations in order to gain entry into that program, and this would be the first step. Planner Kara Irwin explained that she would be assuming the position of Flood Plan Administrator for the CRS Program. Planner Irwin provided background on the National Flood Insurance Program and the City's ordinance. In 1990 the CRS Program had been created by FEMA and DCA to give communities encouragement to enforce their flood plain management ordinances by allowing them certain benefits, one of which was a discount on flood insurance premiums for people purchasing flood insurance in certain flood hazard areas. A new ordinance was proposed to be adopted in order to get the benefits for the City of Palm Beach Gardens. Ms. Irwin explained how the freeboard or measure of safety for finish floor would be adjusted. Ms. Irwin explained staff responsibilities, requirements of the community rating system including public information, mapping and regulations, flood damage reduction, flood preparedness, and that the City could piggyback on Palm Beach County and would not have to do the things the County was already doing. Benefits from participating in the program would be enhanced public • safety, a national benchmark to follow, receipt of technical assistance in designing and 0 • Planning & Zoning Commission Minutes January 8, 2002 implementing some activities, federal assistance programs, and reduction in the price of flood insurance. Ms. Irwin reported the City had been working with the agencies who were required to sign off in order to allow the City to submit an application to CRS and they were prepared to do so upon adoption of the ordinance. Chair Solomon verified with Ms. Irwin that this ordinance would not change the finish floor elevation and would make flood insurance less expensive for a number of people, and would not change FEMA maps, and although FEMA was working to change their maps, that had nothing to do with this ordinance. Ms. Irwin clarified for Mr. Charming that finish floor elevation had to be at the South Florida Water Management District's 100 -year 3 -day storm or .5' above base elevation, whichever was higher, and was not 6" higher than current guidelines. OLD BUSINESS There was no old business to come before the Commission. NEW BUSINESS Mr. Channing questioned how to initiate looking at changing the requirement that did not allow signage on awnings. Mr. Wu explained that the Board could direct staff to research and change the LDR's to do that. Mr. Charming recommended that be done. Mr. Glidden commented that the Design Guidelines Committee had looked at examples of tasteful signage on awnings in small sizes with letters built into the fabric and not internally illuminated, etc., and there were good examples at Mizner Park. Mr. Glidden indicated that the committee could set parameters and ask the Board to consider them. Mr. Glidden expressed his opinion it should be much more restrictive than signage for a building, and logos could be allowed in certain circumstances. No one on the Board was opposed to the proposal; therefore, Chair Solomon indicated the consensus was to do it if it was tasteful. Mr. Wu recommended the idea be presented to City Council firs, and Mr. Glidden indicated he could provide photos in order to communicate good examples. Mr. W asked if Mr. Glidden wanted full size plans in the meeting packets, to which Mr. Glidden responded that there had not been enough in the packet to evaluate the project for the restaurant application, and if everyone could have had the rendering they would have understood the project much better before they came to the meeting. Mr. Wu reminded the Board that there was a special meeting scheduled before the next City Council meeting. 0 Planning & Zoning Commission Minutes January 8, 2002 ADJOURNMENT There being no further business, the meeting was adjourned at 7:37 p.m. The next regular meeting will be held January 22, 2001. /r119 "IVA 1113 • Dennis Sol Craig Kufikle, Jr.IIv� Chair _John G Steve Dick Ansa er Alternate Wnest Volonte Alternate David Kendall 0 — "l' Afl� Betty Laur, ecretary for the Meeting 10