HomeMy WebLinkAboutMinutes P&Z 061102CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
REGULAR MEETING
June 11, 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.
REPORT BY GROWTH MANAGEMENT DIRECTOR
Growth Management Director Charles Wu reported that since the last meeting the following projects had
been approved by City Council: Mirasol Parcel 12, NorthMil Plaza bank, Evergrene Parcel 4A, Legacy
Place Residential Signage package, Evergrene Community Center, and an easement relocation in
Frenchman's Reserve.
APPROVAL OF MINUTES
Meeting minutes of May 28,2002: Mr. Solomon made a motion to approve the minutes of the May 28,
2002 meeting as amended by correcting the 5 -2 vote to 5 -0 on page one under approval of minutes. Mr.
Volonte seconded the motion, which carried by 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
Craig Kunkle, Jr., Chairman
Vice Chairman Barry Present
Dick Ansay
Joel Channing
Dennis Solomon
Steven Tarr
Alternate Ernest Volonte
Absent
Chairman Pro Tem John Glidden
Also present were Growth Management Director Charles Wu, Principal Planners Talal Benothman and
Steve Cramer, Senior Planner Edward Tombari, and City Attorney Len Rubin.
Planning & Zoning Commission Minutes
June 11, 2002
PLANNING AND ZONING COMMISSION
Workshop
Petition PUD- 01 -06: Prosperity Center — T.J. Maxi Amendment (PUD & Rezoning
A request by Hank Skokowski of Urban Design Studio on behalf of Equity One Realty and
Management, to allow for the construction of a 9,600 square foot addition and additional parking to
an existing 121, 000 square foot shopping center known as Prosperity Centre, located on 11.92 acres
and re -zone .665 acres of the site to Palm Beach Gardens Planned Unit Development with underlying
zoning of General Commercial CG -I as part of this application. The Prosperity Centre shopping
center is located at the southeast corner of Prosperity Farms Road and PGA Boulevard (4- 42S -43E)
Senior Planner Ed Tombari presented the project. Mr. Tarr questioned whether there had been waivers
granted at the time of the original approval; which Mr. Tombari agreed to research for the next meeting.
Mr. Skokowski reported a meeting had been held with some property owners and explained that this was
an amendment to a PUD and everyone would be notified. Mr. Skokowski explained that 2/3 of an acre
would be added to the center and drainage would be incorporated into that area, that this was a request
for expansion of the T. J. Maxx store, and additional parking for T. J. Maxx employees would be
provided in the rear. Mr. Skokowski explained that there was an issue regarding the turning movement
into the project from PGA Boulevard. The standard for a right turn lane was reviewed. Mr. Skokowski
reported there were now 145 right turns; the standard was 75, and this request would add 5, making the
total 150. Mr. Skokowski explained that they had discussed moving the right turn farther east but that
would hurt the bookstore and their lease agreement depended on the right turn at its present location.
Mr. Skokowski reported that the existing drive aisle worked very well and moving the right turn would
be very expensive and necessitate changing the circulation of the parking lot. The second option was to
make the right turn near the bookstore a right turn out only and the second right turn farther east a right
turn in only; however, this would change the traffic flow and hurt the bookstore. Mr. Skokowski verified
for Mr. Volonte that the new extension would have a rear door for employee access. Mr. Solomon
suggested a shorter right turn lane. Fred Schwartz, traffic engineer with Kimley -Horn, explained that
would be too short to meet any standards and a vehicle would not have time to enter the right turn lane
and decelerate; also FDOT would probably not permit a shorter turn lane. Mr. Solomon commented he
could see option 2 was a problem. Mr. Solomon indicated he liked keeping the right turns 2 -way but still
recommended a shorter right turn lane. Mr. Skokowski commented that landscaping would have to be
reduced. Mr. Solomon questioned whether the rear entry of the new addition would be used by
customers, to which Mr. Skokowski responded it would only be for employees. Mr. Solomon indicated
signage would be needed to let people know that access was only for employees. Mr. Solomon
requested enclosed downspouts in the rear. Mr. Skokowski explained that the existing building lighting
would be lowered and a detention area would be created and walled. Vice Chair Present commented the
rear neighbors would benefit from the improvements, that the traffic solution was not real good, but he
thought the applicant had done a good job. Mr. Ansay noted 5 trips would be added to the highest use
entrance. Mr. Schwartz responded that trip generation for shopping centers was based on a formula
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June 11, 2002
using criteria from other shopping centers where there was not too much of one kind of use. Mr.
Skokowski pointed out that Palm Beach County allowed 25% to be used for restaurants in shopping
centers in unincorporated areas and the applicant was agreeing to a condition to limit the restaurant use
in this shopping center to 10 %. Mr. Tarr noted he shopped at this center frequently and found it difficult
to get around in the parking lot, and the main issue was the expansion creating a much worse problem.
Mr. Tarr commented the only reason the parking worked was that there was a shared parking agreement
with different peak times of use. Mr. Tarr recommended looking at future traffic flow, and commented
he did not think there was enough parking now. Mr. Tarr commented there was a lot of parking behind
the buildings but at 5 p.m. that day there had been no cars parked behind Bed, Bath and Beyond or Office
Depot, indicating their employees were using customer spaces. Mr. Skokowski verified that 9,600
square feet was the correct size of the expansion. Mr. Tarr expressed his opinion that it was important to
know what waivers were granted previously to know what had been negotiated, and noted that the
number of parking islands was not according to code so that could have been the result of a waiver. Mr.
Tarr questioned how employee parking in the rear could be enforced and if the employees would knock
on the rear door of the new expansion to be let in. Mr. Tarr commented regarding the issue of infringing
on setbacks, to which Mr. Skokowski responded that staff had been okay with that. The wall location on
the back property line or set 6' in was discussed. Mr. Tombari explained that the wall could be set in to
give residents six additional feet of green space between the properties. Mr. Tarr commented the
residents should not be infringed upon just because it had been done before and he was opposed to
adding any more right turns on PGA Boulevard, taking green away, unless it must be done for safety.
Mr. Kunkle questioned the 12,100 s.f. limit on restaurant space, noted that in the staff report the
restaurant space was listed as retail, and this addition would put that over by 2,500. Mr. Skokowski
explained how that had been calculated. Chair Kunkle requested a depiction of the wall showing
proximity to residential units as they exist be provided at the next meeting. Chair Kunkle recommended
putting the wall in 6' and putting landscaping outside the wall to benefit the residents. Chair Kunkle
discussed the right turn option one, and suggested if there was an opportunity to put in a right turn
deceleration lane it might help. Mr. Charming questioned the City Engineer whether limiting restaurant
use made up for not adding deceleration lanes and if deceleration lanes were not required if that would
affect the PGA Boulevard CRALLS designation. The Engineer responded, no. Mr. Channing noted
residents were affected by less than full setbacks. Mr. Skokowski indicated they had all been contacted
and all would be notified of the public hearing. Mr. Charming requested comments from the store
owners regarding rear employee parking and if they had a program for that. Mr. Skokowski indicated
that could be a condition of approval so that the City would have a means of monitoring and
enforcement. Mr. Solomon commented the traffic worked pretty well and the only problem with the
traffic circulation was the dead ends by Barnes & Noble. The City Engineer commented on the right turn
issue that Palm Beach County requirements were 75 right turn movements; the Prosperity Farms
entrance had 93; the one in question was double the county requirements, and it would be difficult to get
a variance from DOT for a shorter right turn lane because the distance was too small for that. Mr. Ansay
questioned drainage, and the applicant verified the direction of outfall from the detention area. Mr.
Ansay questioned the land being annexed, to which Mr. Skokowski responded it had been annexed the
previous year and was already designated for commercial use in anticipation of this expansion. Mr. Tarr
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June 11, 2002
noted that Bed Bath and Beyond and Office Depot should be included to provide a program for parking
for employees. Mr. Tarr asked staff when a PUD came in for amendment if the Board should review all
waivers for the entire project and if today's requirements had to be met. Chair Kunkle noted staff was to
provide pre- existing conditions at the next meeting. Growth Management Director Charles Wu
responded yes that the Board could open the previous waivers for re- review. Mr. Kunkle announced it
would be left to staff to decide if the next meeting would be another workshop or a public hearing. A
poll of the Board indicated all were okay with the present right turn access; Mr. Tarr stated he was okay
with that so long as there was no expansion.
Public Hearing and Recommendation to City Council
(Proposed to be continued to the June 25, 2002 meeting)
Petition PCD- 00 -03: Parcel 31 Old Palm
A request by the City for the purpose of considering approval of a rezoning and master site plan
requests for a proposed residential Planned Community District (PCD), known as Old Palm Golf
Club, which consists of approximately 651 acres. The current zoning of the site is Planned
DevelopmentArea (PDA) and the proposed rezoning is PCD with an underlying zoning of Residential
Low Density -3. The subject site is proposed for 333 single-family residential units, including 34
cottages and casitas, and is bounded by PGA Boulevard to the south, Central Boulevard to the east,
and the Florida Turnpike to the west.
Chair Kunkle declared the public hearing open. Mr. Solomon made a motion to continue Petition
PCD -00 -03 to June 25, 2002. Mr. Volonte seconded the motion, which carried by unanimous 7 -0
vote.
It was announced that the workshop scheduled for consideration by the Local Planning Agency had been
withdrawn by the applicant.
LAND DEVELOPMENT REGULATIONS COMMISSION
Public Hearing and Recommendation to City Council
Petition LDR- 02 -04: Northlake Boulevard Overlay Zoning District
A request by the City for the purpose of considering approval of a text and map amendment to the
City's Land Development Regulations and the Official Zoning Map. The proposed amendment is to
add a Northlake Boulevard Overlay Zoning in order to establish permitted uses and development
standards for all properties in the city that abut Northlake Boulevard from its intersection with
Military Trail to the city's eastern boundary along Northlake Boulevard east of Congress Avenue.
Chair Kunkle commented this was a multi - municipality effort that had taken 18 -24 months to get this
far, and while the Commission might not agree 100 %, it was better than before. Chair Kunkle stated he
was encouraging pushing this forward to City Council. Chair Kunkle declared the public hearing open.
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June 11, 2002
Hearing no comments, Chair Kunkle declared the public hearing closed.
Mr. Channing made a motion to recommend to City Council approval of Petition LDR- 02-04. Mr.
Ansay seconded the motion, which carried unanimously. [NOTE: See NEW BUSINESS — Mr.
Solomon stated he was opposed because no opportunity was given to discuss this or hear a
presentation by the City — therefore the vote was actually 6 -1.1
OLD BUSINESS
a) PUD Checklist Revisions — Chair Kunkle announced this item had been deferred to the next
meeting.
b) Tanglewood — Mr. Wu reported staff had worked with Tanglewood and had established
safeguards. Mr. Wu reported a letter explaining the renovations in terms of exhibits had been
submitted to City staff. The building skin was being removed and new exteriors installed, as
well as new landscaping. Mr. Wu explained that changing the roads would be looked at later,
and that the applicant had withdrawn their application and would be doing the renovations
building by building.
NEW BUSINESS
Mr. Solomon requested discussion of item 4 and that he be shown as opposed to the vote since there
had been no opportunity to discuss or hear a presentation from the City staff. Mr. Channing moved
to reconsider the vote for Petition LDR- 02 -04. Mr. Solomon seconded the motion. Mr. Channing
commented during discussion before voting that he felt it was inappropriate for make any member of
the Commission uncomfortable. Mr. Solomon commented he understood it had taken a number of
months and many municipalities had been involved. Mr. Solomon commented he had met with Mr.
Cramer, had looked at the materials provided by Mr. Cramer, and had submitted comments. Mr.
Solomon commented he thought at the very lease anyone involved in drafting this, including the
lawyers for the various municipalities, should have had an opportunity to see the comments and then
they could decide if they wanted to go forward with drafting revisions now or wait until later. Mr.
Cramer responded all four attorneys involved had looked at this in detail and supported the code as
proposed, and there were amendments incorporated in this draft that the attorneys had suggested.
Mr. Cramer clarified this was the final draft dated March 11, 2002. Chair Kunkle recalled that at a
previous meeting Mr. Solomon had offered a number of comments and the concern of the Board and
staff had been that any language change would have to go back before all the other municipalities, so
the Board had decided since it was so much better than what had been in place to move forward on it
and operate on it for a year and then tweak it. Chair Kunkle apologized to Mr. Solomon, and stated
his opinion that since this had been two years in the making that another year should not be lost. Mr.
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June 11, 2002
Tarr commented Mr. Solomon had not been present at the last meeting and Mr. Tarr had brought up
that he felt a number of Mr. Solomon's comments were good and should be incorporated; however,
after conversation with staff he realized that logistically to get this to the next step it made more
feasible sense to proceed as it was and look at it in a year. The City Attorney advised no vote had
been taken on the motion to reconsider. Mr. Channing withdrew his motion to reconsider; Mr.
Volonte withdrew his second.
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Planning & Zoning Commission Minutes
June 11, 2002
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:45 p.m. The next regular meeting will
be held June 25, 2002.
APPROVED:
Craig Kunkle, r., air
A 6se.r r
Barry Present, Vice Chair
A A saA(7-
John Glidden, Chair Pro Tem
"UIUMP OV1V111V11
Steven Tarr
Dick Ansay
AB S 6-A1 i
Alternate Ernest Volonte
B tty Laur ecretary for the Meeting
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