HomeMy WebLinkAboutMinutes P&Z 021202CITY OF PALM BEACH GARDENS
• PLANNING AND ZONING COMMISSION
REGULAR MEETING
February 12, 2002
MINUTES
The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens,
Florida, was called to order by Vice Chair Craig Kunkle at 6:00 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.
RT BY GROWTH MANAGEMENT DIRECTOR
Growth Management Director Charles Wu announced that since the last meeting, the City Council had
approved the first of a series of site plans for Evergrene, for Parcels 1, 2 & 7, and that additional
information provided by staff had made the City Council much more comfortable with this plan. At
their last meeting, the City Council had also approved two restaurants for the Gardens Mall.
APPROVAL OF MINUTES
• Meeting minutes of 1/22/02: Mr. Volante made a motion to approve the minutes of the January 22,
2002 meeting as submitted. Mr. Channing seconded the motion, which carried by unanimous 6 -0 vote.
ROLL CALL
Betty Laur, Secretary for the meeting, called the roll for the Planning and Zoning Commission and the
Land Development Regulations Commission.
PrPCPnt
Absent
Craig Kunkle, Jr., Vice Chairman Dennis Solomon, Chairman
Chairman Pro Tem Barry Present — arrived at 6:21 p.m.
Joel Charming
John Glidden
Dick Ansay
Steven Tarr
Alternate Ernest Volonte
Also present were Growth Management Director Charles Wu, Principal Planner Talal Benothman,
Senior Planners Edward Tombari and John Lindgren, Planner Kara Irwin, and City Attorney Andrew
Pineiro.
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February 12, 2002
It was indicated that no one needed to be sworn in at this time. Mr. Tarr, Mr. Ansay, and Mr. Volonte
reported they had visited the site on Military Trail..
PLANNING AND ZONING COMMISSION
Public Hearing /Recommendation to City Council
Petition PCD -01 -02 - Mirasol PCD Amendment
Anne Booth, of Urban Design Studio and as agent for Taylor- Woodrow Communities, Inc., is
requesting approval for amendments to the Mirasol Planned Community District (PCD), to allow for
changes to certain conditions of approval at the request of the City of Palm Beach Gardens, including
a time extension for not constructing the City Park until fiscal year 2003, and to amend the Master
Plan to accommodate a minor lake reconfiguration. The Mirasol PCD is bounded by PGA Boulevard
to the south, Ronald Reagan Turnpike to the east, Hood Road to the north and the C -17 Canal to the
west. (33134-4]S-42E; 33134 -42S -42E)
Senior Planner Ed Tombari presented the request. Vice Chair Kunkle declared the public hearing open.
Hearing no comments from the public, Vice Chair Kunkle declared the public hearing closed.
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Mr. Channing made a motion to recommend to City Council approval of petition PCD- 01 -02. Mr.
Volonte seconded the motion. The motion carried by unanimous 6 -0 vote.
Recommendation to City Council
Petition SP- 01 -33: Fire Station #5 at Frenchman's Reserve PCD
A request by George Gentile, agent for the City of Palm Beach Gardens, to approve a site plan for a
8,620 square foot fire- rescue station and police sub - station within the Frenchman's Reserve Planned
Community District ( PCD), located at the northeast corner of Hood Road and AlternateAIA. (1 -42S-
42E)
Senior Planner Ed Tombari presented the petition. Mr. Glidden expressed his opinion there were too
many dead ends in the parking area and recommended that the seven spaces located in the southeast
corner of the parking row closest to Alternate AlA be moved 20' -30' closer to the building to provide
space for cars to turn around. Mr. Tombari responded that the applicant and engineer could discuss re-
design of this area. George Gentile, agent for the City, commented an emergency generator was located
in that area but could be accommodated. Mr. Gentile explained that the dead ends had been designed to
keep the fire rescue operation more secure; however, it would be good to expand the area for turning
around . Mr. Wu indicated this was a good suggestion and staff could work out the changes with the
petitioner. Mr. Gentile explained that there was a very large berm with heavy landscaping on the back
side of the berm along the Alternate AlA frontage. Mr. Channing suggested a different change to the
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February 12, 2002
parking area, moving the six spaces marked "staff parking ", which would create enough room for
turning around, but indicated that Mr. Glidden's suggestion was a good one also. The applicant agreed
to provide at least 45'.
Mr. Glidden moved to recommend to City Council approval of Petition SP -01 -33 with staff
recommendations and with the parking lot at the southwest corner of the site to be expanded by
moving the easterly parking spaces farther to the east to provide aisle width to allow dead end
parking turn arounds to occur. Mr. Volante seconded the motion, which carried by unanimous 6-
0 vote.
LAND DEVELOPMENT REGULATIONS COMMISSION
Public HearinglRecommendation to City Council
Petition LDR- 01 -11: Amendment to Land Development Regulations RegardingArt in Public Places
A City- initiated request to amend the City's Land Development Regulations to expand the definition
of "Development" to include a total construction cost equal to or exceeding $1,000,000.00, as a
minimum construction cost for the provision of Art in Public Places.
• Planner Kara Irwin presented the request..
Chairman Pro Tern Barry Present arrived at this point in the meeting, at 6:21 p.m.
In response to Mr. Glidden's question regarding the $1,000,000 construction cost, Ms. Irwin explained
that had always been in place, but in 2000 when the Land Development Regulations were amended it
had been omitted, making all projects required to provide Art in Public Places. Mr. Glidden indicated it
was not clear whether the $1,000,000 covered just the shell building or also landscaping.. Ms. Irwin
indicated she would check with the building department. Mr. Glidden suggested adding language after
"total construction cost" to state "including , and " Mr. Kunkle suggested tying to the
same criteria as permit fees. Mr. Channing agreed with Mr. Glidden but stated he personally would not
like fees to be increased since the City had just increased impact fees. Ms. Irwin explained that the fees
were not being increased in any way adopting this change.
Vice Chair Kunkle declared the public hearing open. There were no comments from the public. Mr.
Tarr asked if this would apply to a remodel in two phases instead of one that was over $1 million, to
which Ms. Irwin responded she would need to look into that item Vice Chair Kunkle noted the public
hearing would need to be continued to allow staff to return with draft language. Mr. Channing
commented a developer trying to go around this would have to have separate projects, It was suggested
projects could be required to be a year apart. .Mr. Tarr indicated they could remodel in phases. Mr.
Channing suggested approval subject to staff clarifying how the total construction cost was measured.
• Mr. Glidden agreed. Mr. Kunkle declared the public hearing closed.
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Mr. Channing moved to recommend to City Council approval of Petition LDR -01 -11 with the
stipulation that staff add measurement criteria for total construction cost, using what had been
used in the past. Mr. Ansay seconded the motion. During discussion of the motion, Mr. Tarr
questioned whether remodeling costs were included. Mr. Glidden suggested following the
guidelines currently in place. Ms. Irwin commented that current policy did not include
remodeling. Mr. Glidden commented that if the current policy did not include site work and
landscaping, staff would word the language accordingly. Motion carried by unanimous 7 -0 vote.
Public Hearing and Recommendation to City Council
Petition LDR- 01 -14: School Concurrency Ordinance
A city- initiated request to amend the City's Land Development Regulations by adopting the Palm
Beach County School Concurrency Implementing Ordinance by reference.
Principal Planner Talal Benothman presented the request. Vice Chair Kunkle declared the public
hearing open. Hearing no comments from the public, Vice Chair Kunkle declared the public hearing
closed.
. Mr. Glidden made a motion to recommend to City Council approval of Petition LDR- 01 -04. Mr.
Volante seconded the motion, which carried by unanimous 7 -0 vote.
Consideration _ for Approval
Petition SP- 01 -41: Shopping Center Renovations at 9056 N. Military Trail
A request by Anthony Walsh, agent for Murry Cohen, for approval of renovations to an existing
shopping center at 9056 N. Military Trail (adjacent to the northeast corner of Military Trail and
Northlake Boulevard). The renovations include painting of the building, and approval of an existing
blue awning on the west elevation. (13- 42S -42E)
The City attorney swore in those wishing to speak during this quasi - judicial hearing. Senior Planner
John Lindgren clarified there were no conditions of approval. Mr. Lindgren presented the request.
Mr. Anthony Walsh, agent for the petitioner, explained that the intent was to upgrade the shopping
center and explained that broken doors and windows had been replaced. Mr. Walsh indicated petitioner
was in the process of obtaining permits for the roof and air conditioning. Mr. Walsh clarified that he was
the general contractor for this project as well as agent for the petitioner. Mr. Glidden asked if this
upgrade was being done because the property had been annexed into the city. Mr. Glidden commented
the applicant must come into compliance and he would rather not approve the project because it would
not come close to the design guidelines and would never be approved if it were a new project. Mr.
• Glidden commented he would rather let the building live out its natural life without vesting forever, and
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that it might be sold to a new owner, such as NorthMil, and then could become a much better project..
Mr. Glidden indicated the design was what he would not approve, to which Mr. Walsh responded that
the building across the road was the same as this one and was a new building. Mr. Walsh explained that
the existing tongue and groove was being removed and replaced with a standing seam metal roof. Mr.
Glidden commented that the awning running completely across the face of the building would not be
approved under current regulations for a new building; stated that he admired the applicant's desire to
make the building look better, but that he could not approve the proposed roof. Mr. Lindgren advised
that the site had seven years to come into compliance with City codes, but architecture was not a
compliance issue, and the design guidelines were not code, and in straight zoning it was hard to hold an
applicant's feet to the fire. Mr. Glidden commented the Commission's job was aesthetics. Mr. Channing
requested the same metal standing seam vertical detail on the west and south elevations, to wrap around
to the north side and carry back 5'. Mr. Volonte commented the awning color was not compatible with
the project behind this one. Mr. Walsh agreed to remove the awning. Mr. Volonte recommended the
colors be changed from grays to beiges like the Albertson's building. Mr. Tarr questioned why this
applicant was before the Commission. Mr. Lindgren responded that this was a commercial building and
was being painted, and staff could have approved it administratively. Mr. Tarr asked if anything else
was needed to make the property come into compliance. Mr. Lindgren clarified there was no code on
architecture. Mr. Tarr commented that when viewed from the north,the air conditioning equipment was
visible. Mr. Walsh explained that the old units had been moved so that a crane could be brought in to
remove the roof, and they would be moved back approximately 20'. Mr. Lindgren explained that the
code required all rooftop equipment to be screened, which would have to be done within the compliance
period, but it would probably be cheaper to do it now. Mr. Walsh commented he would make sure the
screening was done. Mr. Tarr agreed with Mr. Glidden's comments that the building might be sold in
the future. Mr. Walsh explained that landscape screening would be provided along the fence.
Discussion ensued regarding screening. Mr. Tarr requested that the building back look like the front.
Mr. Lindgren suggested the applicant come back with a revised plan to accommodate the suggestions
that had been made of colors more compatible with Albertson's, the awning removed, and the slanted
portion of the roof gone and wrapping the north face, and some method of equipment screening. Mr.
Walsh requested this petition be scheduled for the next meeting in order not to delay the work. Mr.
Ansay requested that the landscaping enhance the parking in the area. Mr. Lindgren stated that a
landscape plan would be required. Mr. Channing offered to provide sketches to the applicant. Mr.
Glidden noted that a three - dimensional view would be helpful, and that he would be happy to meet with
Mr. Walsh. Mr. Walsh suggested a stucco overhang. Mr. Wu indicated this petition would be placed on
the agenda when the petitioner was ready.
OLD BUSINESS
There was no old business to come before the Commission.
NEW BUSINESS
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Mr. Wu announced that beginning with the next meeting the starting time would be 6:30 p.m.
Mr. Tarr asked staff what P &Z and City Council could have done to avoid the complete clearing of
Legacy Place, which looked like nuclear waste without one blade of grass, and nothing left to screen the
construction from view. Mr. Tarr asked if there was some process in place by which that could have
been avoided. Mr. Tarr advised people had asked him about this and stated he did not realize that with
approval of this project there would not be a single living piece of green on that property, particularly in
light of the fact that the developer had backed out. Mr. Tarr indicated he knew nothing could be done
now other than to prevent this happening to other properties. Mr. Wu responded that staff had taken a lot
of criticism for this also, but that magnifying the severity of the issue was that it was also a combination
of the flyover construction and widening of Alternate AlA, and noted that on the corner there was to be
a huge retention pond for the flyover. Mr. Wu indicated that because of this incident, staff would look
into whether the City needed to stop off -site mitigation and /or payment in lieu of mitigation
requirements, which had been allowed to encourage creativity in site plans. Mr. Wu explained that
Legacy Place had opted to do off -site mitigation and would be doing a huge preserve off -site. Mr. Wu
commented that the City could have required an on -site preserve , which would have resulted in a
different site plan. Mr. Wu stated that the developer bowing out of the project was beyond the City's
control. Mr. Wu explained that small preserves were not as likely to survive as large preserves, and if
• on -site preserves were required they would be small, and grouping several preserves together produced
the best possible chance for survival.. Mr. Tarr commented he was not talking about a preserve but was
talking about saving five trees or just the perimeter and that because of the location this site was very
noticeable. Mr. Tarr indicated he found it hard to believe that 20 feet of the perimeter could not have
been saved with the pine trees until construction reached the point that it needed to be removed. Mr.
Tarr commented he had been upset with the clearing on Military Trail by Mr. DiVosta, who had done the
same thing, but that location had not been so prominent. Mr. Kunkle noted Mr. Tarr's point was well
taken., that Mr. Wu had indicated staff agreed with Mr. Tarr and would be working on a solution. Mr.
Charming asked if approval of the PCD allowed the clearing. Mr. Wu indicated it was the approval of
both the PCD and PUD. Mr. Channing commented that possibly in the future site clearance should be
allowed when the permit for site development was pulled. Mr. Glidden commented about a third of the
property was cleared because of the DOT flyover, a third was cleared for the residential project, and if
you drove south along Alternate AlA you would find a buffer had been left standing and on the south
side there was a much larger area that was preserved. Mr. Glidden noted this did not take away from the
impact on the corner and in his view approximately a quarter of that space could have been left intact.
Mr. Tarr asked if everyone had to look at the 4' x 4' signs to vote for Annie Delgado for an entire month.
Mr. Wu responded if the signs were in the right -of -way or on private property with the owner's consent,
the City could not remove them. Mr. Tarr indicated if the election was a week away it would not be so
bad, and he thought they looked bad.
0 Mr. Charming complimented Vice Chair Kunkle for running a very tight meeting.
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February 12, 2002
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:13 p.m. The next regular meeting will
be held February 25, 2002.
a9 QM03
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Dennis Solomon, Chair
Craig Kunkle, Jr., Vice Chair
Betty Laur, 'ecretary for the Meeting
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