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HomeMy WebLinkAboutMinutes P&Z 081302CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION REGULAR MEETING August 13, 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 PCD Southwest Maintenance Facility and Village Square Professional Park Phase II covered parking. APPROVAL OF MINUTES Meeting minutes of July 23, 2002: Mr. Channing made a motion to approve the minutes of the July 23, 2002 meeting as submitted. Mr. Solomon seconded the motion. Mr. Ansay requested language on page 5 be changed from "Mr. Ansay indicated he did not believe the employee parking could be implemented and worked out." to ". Mr. Ansay indicated he believed the employee parking could be implemented and worked out." Motion carried by unanimous 7 -0 vote to approve the minutes as amended. ROLL CALL Betty Laur, Secretary for the meeting, called the roll for the Planning and Zoning Commission: Present Craig Kunkle, Jr., Chairman Vice Chairman Barry Present Chairman Pro Tem John Glidden Dick Ansay Joel Channing Dennis Solomon Steven Tarr Alternate Ernest Volonte Alternate Douglas Pennell Absent Planning & Zoning Commission Minutes August 13, 2002 Also present were Growth Management Director Charles Wu, Principal Planner Talal Benothman, Senior Planner Kara Irwin, and City Attorney Len Rubin. PLANNING AND ZONING COMMISSION Public Hearing and Recommendation to City Council Petition PUD- 02 -01: Magnolia Bay Planned Unit Development (PUD) A request by Cotleur Hearing on behalf of DiVosta & Company, for a rezoning from Planned Development Area (PDA) to Residential — Low Density 3 (RL -3) with a Planned Unit Development (PUD) overlay district to construct a 187 single-family dwelling unit community with an overall density of 2.1 dwelling units per acre. The 89.03-acre site is located on the northwest corner of the intersection of Military Trail and Hood Road Senior Planner Kara Irwin reviewed the staff report and presented the amendments made since the last presentation. Chris Chew, DiVosta & Company, explained the applicant had revisited the site plan and had eliminated the proposed commercial use, which was replaced with residential townhouse units. Mr. Chew reviewed the requested waivers for the townhomes, including lot coverage and setbacks, and explained that this current revised proposal would eliminate 1,743 trips, or 52% of the concurrency approval. The applicant reported meeting with Temple Beth David representatives on July 30, and with representatives of Gardens Presbyterian Church on August 1 to discuss their safety concerns. The applicant had been requested by the church and temple representatives to install a 6' concrete masonry wall. The applicant offered to install a chain link fence. Mr. Tarr asked if the request for the wall was for aesthetics as much as safety, to which Mr. Chew responded that the temple representative could address that, and that the native pine and palmetto buffer would remain, which was very thick and was 150' deep in places. Mr. Tarr asked if the issue was that a concrete wall was more secure than a chain link fence, to which Mr. Chew responded he believed so. Mr. Present asked if zero lot line guidelines were being addressed. Mr. Wu responded affirmatively and that something would be presented to the Commission in six months. Mr. Present asked if the sign code allowed the 2 -sided perpendicular sign as requested, which was verified. Mr. Present received verification that the church had not requested extension of a fence behind the church for continuity, but that the temple had presented a letter signed by their representatives. Mr. Glidden asked if the code required construction of a wall to buffer residential development, to which the response was no. Mr. Glidden proposed that whether a wall or fence was used that it be set into the buffer so that it was automatically screened from both sides. Mr. Chew expressed concern regarding the clearing that. would be necessary, which would disturb the vegetation in the upland buffer. Mr. Solomon commented the applicant should be commended for making the change to eliminate the 2 Planning & Zoning Commission Minutes August 13, 2002 commercial use on the site. Mr. Solomon indicated he believed a chain link fence was appropriate, that the church and temple were far more secure by having residential property on their border, and that the residential property was set back and there was a very large buffer. Chair Kunkle complimented the applicant on a nice landscape plan, and asked how they were dealing with the water main issue. Don Hearing explained he had met with Seacoast Utility in advance to work out problems. Mr. Pennell asked if a wall between the temple and the church was proposed, to which Ms. Irwin responded no, because they were sharing a driveway. Chair Kunkle declared the public hearing open. Robin Chaney, President of Temple Beth David, read a letter into the record requesting a wall. Mr. Ansay commented it was difficult for him to understand how the temple members felt they would be secure when one could drive freely in and out of the property, and he could not see where a wall in the back would help, and that buildings in the back would actually increase security. Ms. Chaney responded that the church had plans to create nature walks in the nature preserve buffer, so there would be people there. Mr. John Ladd spoke representing Gardens Presbyterian Church and stated the church totally supported the change from commercial to residential. Hearing no further comments from the public, Chair Kunkle declared the public hearing closed. MOTION: Mr. Solomon made a motion to recommend to City Council approval of Petition PUD -02 -01 with staff recommendations and approval of all waivers as presented. Mr. Ansay seconded the motion. During discussion of the motion, Mr. Solomon indicated he had intended to include a chain link fence only to the property lines. Mr. Glidden suggested the fence be black vinyl chain link and be placed 5' -10' feet inside the property line. Mr. Solomon and Mr. Ansay accepted the amendment. It was clarified that the fence would be buffered on both sides by the existing pine uplands and no maintenance would be necessary. Mr. Tarr indicated he did not believe a partial wall made sense; he did not know what vegetation existed there but the landscape should be heavy enough to buffer on both sides, and commented that the temple and the church probably had the opportunity to build their own walls when the temple was constructed, and possibly still had that option. Mr. Tarr commented by making this community all residential that should keep traffic down and also the fact that this project was gated should keep traffic within the community down that would have access to the back of the temple. Mr. Tarr indicated he believed the applicant had done all they could and a fence would be redundant if the temple wanted to construct its own wall. Mr. Present expressed his opinion that a black vinyl fence would blend in and create security without standing out. Mr. Present asked the maker of the motion to amend it again to require the fence to extend along the back of the church. Mr. Channing commented he did not understand the concern since he believed the present vacant property posed far more danger from people hiding there and the coming of a single - family development should make it more secure. Mr. Channing commented when the danger was greater, the temple and the church did not see fit to put up a fence, and if the applicant was willing to put up a fence on two sides he thought that was more than fair. 3 Planning & Zoning Commission Minutes August 13, 2002 Chair Kunkle summarized that the motion was to accept staffs recommendation to move this along to City Council with a 6' high black vinyl chain link fence inset 10' on the east and north sides of the temple property. Motion carried by vote of 5 -2, with Mr. Present and Mr. Tarr opposed. Mr. Present stated he was opposed because he had requested the fence be extended behind the church and that amendment was not made. Mr. Tarr stated he was opposed for all the reasons he had previously voted against this project, including that he believed the cul -de -sacs to be unsafe, that it was too tight, he did not like the on- street parking, and he thought the garbage trucks would tear up the roads, and he wanted to be consistent. OLD BUSINESS There was no old business to come before the Commission. NEW BUSINESS Mr. Wu commented the September 10 regular meeting conflicted with election day, and proposed it be held Thursday, September 12. The next meeting date regarding the Borland Center was discussed. Mr. Channing stated he wanted to be present. Mr. Wu indicated he would let the Commission members know when that date was set. All members indicated they would be present on November 26, and by consensus cancelled the December 24, 2002 meeting. Mr. Wu reported that the regular City Council meeting of September 5 had been moved to September 4 because of a conflict with the County's budget hearing, and that the September 19 City Council meeting had been moved to September 18. 4 Planning & Zoning Commission Minutes August 13, 2002 ADJOURNMENT There being no further business, the meeting was adjourned at approximately 7:15 p.m. The next regular meeting will be held August 27, 2002. APPROVED: Craig Kunkle, Jr., etty Laur, ecretary for the Meeting 5