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
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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.
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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
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January 8, 2002
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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)
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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
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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
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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.
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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
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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
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