HomeMy WebLinkAboutMinutes P&Z 040902r.
CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
• REGULAR MEETING
April 9, 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 Craig Kunkle at 6:30 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.
Exparte communication was reported by Mr. Volonte, who had visited the site for petition requesting
parking canopies.
REPORT BY GROWTH MANAGEMENT DIRECTOR
Growth Management Director Charles Wu announced that since the last meeting, the City Council had
approved the following projects: Fire Station No. 5 at Frenchman's Reserve, The Bluffs Preschool at
Mirasol, and South Trust Bank at the Regional Center.
APPROVAL OF MINUTES
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Meeting minutes of March 26, 2002: Mr. Ansay made a motion to approve the minutes of the March
26, 2002 meeting as submitted. Mr. Volonte seconded the motion, which carried by unanimous 7 -0
vote.
ROLL CALL
Betty Laur, Secretary for the meeting, called the roll for Planning and Zoning Commission and Land
Development Regulations Commission:
Present Absent
Craig Kunkle, Jr., Chairman
Vice Chairman Barry Present — arrived at 6:15 p.m.
Chairman Pro Tern John Glidden
Joel Channing
Dick Ansay
Dennis Solomon
Steven Tarr
Alternate Ernest Volonte
• Also present were Growth Management Director Charles Wu, Principal Planner Talal Benothman,
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• Planning & Zoning Commission Minutes
April 9, 2002
Senior Planners Edward Tombari and John Lindgren, Planner Jackie Holloman, City Forester Mark
Hendrickson, and City Attorney Len Rubin.
PLANNING AND ZONING COMMISSION
Recommendation to City Council
Petition SP- 01 -26; Site Plan Review for Evergrene Parcel 4A
A request by Urban Design Studio, on behalf of Community Finance Company (a subsidiary of
Watermark Communities, Inc.), for approval of a 24 -acre site for 109 single-family "Paired Z"
homes and 69 "Mansion Home" units (contained in 23 "Mansion "buildings) within Parcel 4A of the
Evergrene Planned Community District (PCD), which is bounded by Donald Ross Road to the north,
Alternate AIA to the east, Hood Road to the south, and Military Trail to the west.
Senior Planner John Lindgren presented the request. Henry Skokowski, agent, spoke on behalf of the
applicant. Representative for WCI Communities, indicated that no windows were opposite each other on
the paired Z homes. Chair Kunkle requested that citrus be omitted as an option in the landscaping. It
was confirmed that the materials samples were the same as previously presented. Mr. Glidden requested
color renderings and plans be provided to the City Council. Mr. Skokowski confirmed that staff allowed
applicants to present a phototypical dwelling rather than several exact variations from which purchasers
would choose.
MOTION•
Mr. Glidden made a motion to approve Petition SP -01 -26 with the following conditions and with
the waivers listed in Tables 1 and 2 on pages 6 and 7, respectively, of the staff report:
Conditions:
1. Prior to scheduling for review by City Council, the applicant shall address all DRC "clean-
up" comments.
2. Prior to scheduling for review by City Council, the applicant shall relocate the landscaping
in the drainage easements so that this landscaping is located outside the drainage
easements.
3. Prior to the issuance of the first building permit, the applicant shall:
a. Provide a street address system depicting street names and residential numbericals
for emergency response purposes. Address system depiction shall be in 8.5" x 11"
map format.
b. Apply for, obtain, and submit to the City, a Northern Palm Beach County
Improvement District Standard Permit.
C. Provide a 20 -foot alley typical section that is passable in all locations by emergency
equipment and meets the City's Land Development Regulations (LDRs) for
• structural integrity, including a base coarse and stabilized subgrade as required by
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April 9, 2002
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Mr. Volante seconded the motion, which carried by unanimous 7 -0 vote.
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the City's LDRs.
d. Install and have operational, temporary roadways and fire hydrants approved by
the City's Engineering and Fire Departments for all of the dry models.
4.
The applicant shall post surety prior to the issuance of a building permit for the model
homes for the purposes of demolition and lien protection to remain in effect until the plat is
recorded. The amount of the letter of credit shall equal a total of 1/3 of the hard costs of
construction of all of the proposed models.
5.
All lighting shall be metal halide.
6.
Landscaping shall not conflict with lighting.
7.
A timer clock or photocell sensor engaged lighting shall be installed above or near
entryways to residences and all sidewalks.
8.
Street and pedestrian walkways shall use lighting that is no greater than 14 feet in height.
9.
Numerical addresses shall be illuminated for nighttime visibility, shall have bi- directional
visibility from the roadway, and shall be a minimum of six inches in height.
10.
The applicant, successors or assigns shall post a notice of annual school boundary
assignments for students from this development in a manner required by the Palm Beach
County School District. Posting of the notice shall be done prior to the final certificate of
occupancy being issued for each building/model/sale center that is required to post such
notice.
11.
Development of the site shall comply with the Design Guidelines for Parcel 4A, as more
particularly described in Exhibit "B" attached hereto. The applicant, successors, or
assigns shall notify all purchasers of the approved design guidelines by including these
guidelines in the purchase agreement.
12.
The applicant, successors or assigns shall require all homeowners to maintain a minimum
six -foot clear corridor within at least one side -yard setback for each home, which shall be
maintained free from air conditioning equipment, fencing, and landscaping obstructions
between all structures. This restriction shall be incorporated within the Evergrene Master
Declaration of Covenants, Conditions, and Restrictions and recorded in the public record
as a restriction against the property. Building permits for individual homes shall show all
landscaping, fencing and mechanical equipment, and shall show the six -foot clear corridor.
13.
The applicant, successors or assigns shall use the sales center off of Donald Ross Road for
customer parking, and shall use a sales representative to escort prospective home buyers to
the models on site.
14.
Prior to City Council review applicant shall submit at least representative roof plans for
each different product type.
15.
Prior to City Council review applicant shall submit at least 8 -1/2" x 11" color copies of
paired Z roof plans as shown on the screen and the rendering as well.
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Mr. Volante seconded the motion, which carried by unanimous 7 -0 vote.
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April 9, 2002
Recommendation to City Council
Petition SP- 01 -38: NorthMil Plaza Bank, Future Development Area #1
A request by Hank Skokowski of Urban Design Studio, agent for Northlake Partners Joint Ventures,
Ltd, for a site plan amendment to permit the construction of a 3,600 square foot bank with a drive
through. The proposed bank site is located in the far northwest corner of the NorthMil Plaza
Shopping Center site, adjacent to Military Trail. The NorthMil Plaza Shopping Center is generally
located at the northeast corner of Military Trail and Northlake Boulevard.
Growth Management Director Charles Wu announced that revised plans had been received by staff that
day which addressed all major staff concerns and that conditions had been written that might allow this
to be forwarded on to City Council. Senior Planner Ed Tombari presented the project and addressed
issues that had been resolved. Mr. Glidden asked if the 100' stacking requirement applied only to the
lane where vehicles stopped; Mr. Tombari clarified that the code only stated there must be 100' of
stacking. Mr. Ansay expressed his opinion that the loading zone location was not functional to the
building, to which Mr. Tombari responded that not much loading was anticipated with this type facility.
Mr. Skokowski explained that a loading zone was only supplied because it was a code requirement and it
could not be moved to employee parking because it would not fit there. Mr. Skokowski explained that
the applicant was willing to supply Art in Public Places if it was legally determined that it was required
for this project. Chair Kunkle indicated he had had trouble identifying plants from the key provided,
• which were clarified by City Forester Mark Hendrickson. Mr. Solomon commented this was a good
solution for a small site. Mr. Glidden stated the architecture was very good.
MOTION:
Mr. Solomon made a motion to recommend to City Council approval of Petition SP -01 -38 with the
recommendations of staff including conditions of approval. Mr. Channing seconded the motion,
which carried by unanimous 7 -0 vote.
Public Hearing and Recommendation to City Council
Petition MISC- 01 -26: Covered Parking in rillage Square Professional Park Phase H
A request by Glenn Weller, agent for PF Park, Ltd, for a Planned Unit Development (PUD)
Amendment to allow for 15 covered parking spaces in the second phase of the Vllage Square
Professional Park, which is located at the southwest corner of RCA Boulevard and Prosperity Farms
Road (8- 42S -43E)
Senior Planner John Lindgren presented the staff report. . Barry Present joined the meeting at 6:15 p.m.
Mr. Channing asked if there were any covered parking spaces at this site now, to which the response
was there were none. Mr. Volonte pointed out the wood wall on the west side of building 700 which had
minimal landscaping. Mr. Tarr commented that Club Oasis was on residential land which was not being
used for that purpose but if they sold out it could become residential; therefore he questioned why a
waiver was needed. Mr. Lindgren responded by referring to page 5 of the staff report which indicated it
was residential land with a land use of commercial. Mr. Tarr suggested moving the covered parking over
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April 9, 2002
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two spaces; however, Mr. Lindgren explained they could be moved only one space and stay in the rear of
the building. Mr. Tarr expressed concern regarding the quality of the canvas in order for it to remain
looking good. Mr. Lindgren explained that the code required proper maintenance and/or replacement.
Mr. Ansay indicated he was not comfortable granting a waiver for something as new as this project
without a condition that if the property sold they could not have covered parking in that location, since it
might become residential. The City attorney advised that would be difficult.
Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle
declared the public hearing closed.
Glenn Weller, agent for the petitioner, explained that the intent was to maintain the level of quality
presently in the park, and provided a sample of the awning canvas. Mr. Weller stated that the property
owners association would provide the maintenance. Mr. Weller indicated that crepe myrtles would be
planted on the west and south boundaries, and that the petitioner was very concerned about maintaining
the aesthetics. Mr. Solomon questioned if there would be a problem moving 4 covered spaces two
spaces to the north. Mr. Weller indicated they could only be moved one space without cutting the oak
tree. Mr. Solomon indicated he believed moving one space would be worthwhile, and explained that the
City was in the process of establishing design guidelines, and if this had been presented after the
guidelines were in place it would never have been approved since the poles did not comply. Mr.
Solomon commented he would like the petitioner to comply with the new guidelines but that would not
be fair. Mr. Tarr Mr. Tarr expressed his opinion that the poles were more hidden as they were. Mr.
Channing expressed his opinion that the poles were not compatible with the building architecture and he
would prefer them to be replaced with masonry columns. Mr. Weller commented he had not thought
about that but it might be a cost issue. Mr. Glidden shared Mr. Solomon and Mr. Channing's concerns
about the poles and suggested the Commission consider approval with 8' circular poured concrete
columns. Chair Kunkle expressed his opinion that the awning parking looked like an afterthought and he
could not support it. Mr. Ansay commented the covered parking was not compatible and not
complimentary to the project. Mr. Solomon suggested the petitioner return to the drawing board, with
which Mr. Weller agreed. The City attorney advised that the public hearing could be continued to a date
certain.
Chair Kunkle declared the public hearing re- opened.
MOTION:
Mr. Ansay made a motion to continue the public hearing for Petition MISC -01 -26 to a date certain
of May 14, 2002. Mr. Volonte seconded the motion, which carried by unanimous 7 -0 vote.
Mr. Volonte stepped down and Vice Chair Present was seated on the Commission.
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April 9, 2002
Public Hearing and Recommendation to City Council
Petition MISC- 02 -01— San Michele Minor PUD Amendment
A request by Urban Design Studio, on behalf of Forest Lake Associates, L.C., San Michele Palm
Beach Limited Partnership, and Gordon Homes, Inc, for approval of minor amendments to the size,
location, and configuration of drainage easements and lakes, approval of a temporary sales center
and modification of side and front setbacks for selected lots within the San Michele PUD, which is
located at the northwest corner of Central Boulevard and Hood Road
Senior Planner John Lindgren presented the request. Mr. Tarr requested clarification as to why this
project was different in the staff analysis versus other projects. Mr. Lindgren explained that in the other
projects the waivers had been approved in the original submittals while these were after the fact and
these were custom made homes. Mr. Lindgren indicated this request was a result of the property being
sold to two different developers who purchased with a certain footprint in mind, which all of the lots
would not accommodate. Discussion ensued. Mr. Present indicated he would go with the staff
recommendation.
Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle
declared the public hearing closed.
Anne Booth, agent, explained the request for the front setback waiver and that the desire was to provide
5 models for 9 lots. Chair Kunkle indicated he had no problem with the waiver for only 9 lots. Mr. Tarr
commented these homes were million dollar homes and if restricted to 9 lots he had no problem with the
request. Mr. Ansay asked if all 9 lots would have side loaded garages. Ms. Booth explained that 3 of
the 5 models were side loaded, and one front - loaded model was a courtyard model which was expected
to comprise less than 10% of the sales. Mr. Solomon clarified with Ms. Booth that having two new
builders would not change having only one master association. Mr. Solomon indicated he believed this
request was reasonable. Mr. Channing asked what the hardship was, to which Ms. Booth responded it
was not a hardship and that a hardship was not required for a waiver. Ms. Booth explained that lot
studies had been done but had not been submitted since they were not required for custom homes.
MOTION:
Mr. Tarr made a motion to recommend to City Council approval of Petition MISC -02-01 with the
following conditions and waivers:
Conditions:
1. All landscaping shall at a minimum meet the City's landscape requirements.
2. Prior to the final certificate of occupancy for the sales trailer and the models, fire service
water (including fire hydrants) shall be installed, inspected and approved by the City.
3. The handicap parking space shall meet all Americans With Disabilities Act (ADA)
requirements, including having a handicap sign and symbol in the space.
Waivers:
• 1. Waiver from Code Section 78 -141, Front Setback for RL -3 to provide only 20 feet in lieu
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April 9, 2002
of 25 feet required in lots 13, 31, 32, 35, 36, 37, 38, 39 and 40 only.
2. Waiver from Code Section 78 -141 for Side Setback for RL -3 to provide 9 feet in lieu of 9.46
–10 ft. for lots 66, 67, 72, 73, 77, 78, 85, and 86.
Mr. Channing seconded the motion, which carried by unanimous 7 -0 vote.
Mr. Wu announced this would be Mr. Lindgren's last meeting as he was leaving the City.
Recommendation to City Council
Petition SP- 02 -04: Site Plan Review for Mirasol SW Maintenance Facility
A request by Anne Booth of Urban Design Studio, on behalf of Taylor - Woodrow Communities, to
allow for the construction of a golf course maintenance facility and a community storage area on a
Z09 acre site within the Mirasol Planned Community District (PCD) which is located at the
southwest corner of the PCD approximately 240 feet north of PGA Boulevard and bounded by PGA
Boulevard to the south, Hood Road to the north, Florida's Turnpike to the east, and the C -18 Canal
to the west. (01- 42S -42E)
Senior Planner Ed Tombari presented the project. Mr. Tombari verified that the trailers were on
permanent water and sewer. Vice Chair Present expressed his opinion that this was like a semi-
permanent building. Mr. Tombari responded that it met the requirement of mobile homes in the chart of
uses. Mr. Solomon expressed his opinion there was not adequate landscape buffering for this use and
that the landscaping should be seen by this Board. Mr. Tombari explained the petitioner was working
with the City Forester to screen the view on one side. Anne Booth, agent, described the screening
requirements. Mr. Kunkle agreed with the proposed landscaping and recommended that the length of
time the trailer could remain on the property be tied to the Honda Classic —not to exceed 6 years, 6
months. Mr. Solomon indicated that the facility should be totally screened from view whether driving
east or west on PGA Boulevard. Mr. Present expressed his opinion this was not in compliance with
temporary construction trailers for security, construction, or redevelopment and he believed a waiver
was needed since this would be an office use. Ms. Booth explained that this was an accessory use for the
golf course. Mr. Tombari explained that it was similar to BallenIsles' ancillary use and had been done in
the past. Mr. Present did not agree with justification being only what had been done in the past. Mr.
Ansay indicated he would like more native plantings and for the City Forester to work on providing more
screening in areas discussed. Mr. Tarr indicated he had no problems and that he believed this developer
would provide proper buffering. Ms. Booth explained that the facility would be occupied all year for
administrative duties and not just during the event. Mr. Solomon expressed concern about the buffer
because although he had confidence in this developer, this property could be sold to another developer.
MOTION:
Mr. Channing made a motion to recommend to City Council approval of Petition SP -02 -04 with
the following conditions and waivers:
• 1. The temporary structure use shall be for a maximum of six years, at which time the
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applicant, successor or assigns shall be permitted to apply for one six (6) month time
extension. All temporary structures shall be subject to applicable code revisions.
2. Prior to scheduling for City Council review, the applicant shall provide for an accurate
landscape plan for the remainder of the PGA Boulevard Parkway Landscape Plan, from
west of the proposed access roadway to the FPL substation, to demonstrate how the access
drive is to be screened from the PGA Boulevard right -of -way.
3. The area on the site plan designated "future asphalt storage yard parking area" shall be
utilized only for the expansion of the recreational vehicle and watercraft storage pad.
Review of said storage pad expansion shall require administrative review and approval by
Growth Management Department staff prior to issuance of building permit for said
expansion.
4. The temporary structures shall remain on the site for the same period of time that the
Honda Classic event is held on the site, not to exceed 6 years, 6 months.
Waiver:
1. Waiver from Section 78 -182 to provide no parking lighting on site in lieu of .6 footcandles
in parking and pedestrian areas and 1 footcandle in vehicular areas.
Mr. Ansay seconded the motion, which carried by 3 -2 vote with Mr. Present and Mr. Solomon
opposed.
LAND DEVELOPMENT REGULATIONS COMMISSION
Workshop
Petition LDR- 01 -12: Zoninm TextAmendment for Temporary Mobile Homes, Construction Trailers,
Sales Trailers and Other Modular Units
A city- initiated request to amend the Palm Beach Gardens Code of Ordinances by amending Chapter
78, "Land Development," Section 78 -159, Permitted Uses, Conditional, and Prohibited Uses, note
(67), entitled "Mobile Home, Temporary", by creating a new use (70) entitled "Trailers or Modular
Units, Temporary" by amending Table 21, "Permitted, Conditional, and Prohibited Use Chart"; and
by amending Article VIII, "Definitions, " Section 78 -751.
Planner Jackie Holloman presented the petition. Mr. Glidden indicated he did not remember seeing an
application come through for the modular classrooms at the Church in the Gardens. Mr. Glidden noted a
construction trailer had been left at Fairway office building for years after the project had been finished,
and hopefully this petition would give the City the ability to deal with that situation. Mr. Channing
indicated on page 5, third line down, the language should be changed since the intent was to grant
approval only after building permits were pulled and not during the planning stages of a project, and
suggested this be submitted as part of the project review. Ms. Holloman responded that construction
trailers would be reviewed only by the Building Department. Mr. Channing asked if the review could be
• simultaneous with the building permit review, which Mr. Wu indicated was possible. Mr. Channing
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April 9, 2002
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suggested that removal of construction trailers two weeks after issuing the final CO was too soon since
there were warranty periods where the developer needed to respond to homeowners' problems, and that
it should be at staff discretion. Mr. Wu indicated a time frame was needed to allow code enforcement.
Mr. Channing commented if there was a reason for the construction trailer to be on site longer, the
applicant should be able to come to the City to make that request and he was concerned that two weeks
was too short, but he did not have the solution. Chair Kunkle expressed his opinion that six weeks
would be more reasonable, and encouraged staff to provide photographs of every bad example they could
find. Mr. Solomon agreed with Mr. Channing that the applicant should not be made to wait until after a
building permit was issued and that it should be simultaneous. Ms. Holloman verified that this code
change would apply to both residential and commercial construction in . Mr. Solomon noted that
construction trailers were not always on the construction site but could be nearby on other property;
therefore, the language in the definition of construction trailers needed to be changed section 78 -751 and
also under modular units the language "on site" should be changed. Mr. Present expressed his opinion
that this was the right direction, noted that language on page 5, 1(b), should be taken out since it could
not be enforced. Mr. Present suggested people put up bonds or dollars so the City would have money to
remove the construction trailer if the developer did not remove it, plus that money would provide an
incentive for trailers to be removed. Mr. Present expressed his opinion that staff was on the right track
with this in regard to construction trailers, but not for modular units, and there could be a real problem in
approving modular classrooms since the Board would not know all the ADA compliance laws, fire
codes, etc., and suggested the wording "temporary classrooms" be removed on page 6. Mr. Present
indicated he did not remember the temporary classrooms for Church in the Gardens. Mr. Present
recommended making the construction trailer wording ironclad to help developers. Mr. Ansay indicated
a special classification was needed for truck trailers, since they were very unsightly storage and that
needed to be remedied. Mr. Tarr indicated he did not remember approving the temporary classrooms for
Church in the Gardens and felt such approvals should be on a case by case basis. Mr. Solomon agreed
with Mr. Present and suggested adding language that the placing of the facility must comply with all
applicable laws and regulations, including but not limited to safety, which would broaden the scope
beyond land regulation requirements. Mr. Solomon referred to page 6, item 3 which required removal of
the construction trailer after the last sale and suggested that be changed to just "completion of
construction ". Mr. Solomon expressed his opinion that removal of the construction trailer in two weeks
was too short a time and 4 -6 months would be better. Chair Kunkle commented the Board would look
forward to the next draft of this item.
OLD BUSINESS
Mr. Wu requested that all newsrack comments be turned in. Mr. Tarr complimented staff for
recommending denial of a setback waiver and asked for staff to explain their thinking regarding
becoming more strict on waivers, which would help the Commission. Mr. Tarr commented the LDR's
had eleven criteria for a waiver and six must be met, and the Commission needed to know staff's
thinking on this. Mr. Wu indicated he could meet with Mr. Tarr at any time.
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April 9, 2002
NEW BUSINESS
Mr. Solomon commented that on the Mirasol project it was unbelievable to have no lighting at all,
not even for safety or emergency purposes, and he felt bad that he had forgotten to mention this
during discussion of this item.
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April 9, 2002
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:55 p.m. The next regular meeting will
be held April 23, 2002.
APPROVED:
` O
etty Laur Secretary r the Meeting
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