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
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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.
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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.
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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
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