HomeMy WebLinkAboutMinutes P&Z 101002i
CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
REGULAR MEETING
December 10, 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, City Council had
approved one case, the Old Palm Maintenance and Golf Academy, after the applicant had withdrawn the
request for a helistop.
APPROVAL OF MINUTES
Meeting minutes of November 26, 2002: Mr. Glidden requested that on the First Union sign request it
be made clear that he voted no not because he was against the sign, which he felt was okay with the
specified size, location, color, etc., but because his recollection had been that the code had been
intentionally modified by this Commission when the LDR's were changed to allow for a sign higher than
four stories, but the reference to four stories had been removed from that section of the sign matrix in the
code. Mr. Present indicated that on page six at the bottom it was he rather than Mr. Charming who was
opposed. Mr. Ansay made a motion to approve the minutes of the November 26, 2002 meeting as
amended. Mr. Glidden seconded the motion, which carried by unanimous 6 -0 vote.
SWEARING IN OF SPEAKERS
The City Attorney swore in those desiring to speak at the public hearing.
DISCLOSURE OF EX -PARTE COMMUNICATION
Mr. Volonte disclosed that he had visited the site for the boat screening waiver petition.
ROLL CALL
Betty Laur, Secretary for the meeting, called the roll for the Board of Zoning Appeals and Planning and
Zoning Commission:
Planning & Zoning Commission Minutes
December 10, 2002
Present
Craig Kunkle, Jr., Chairman
Vice Chairman Barry Present
Chairman Pro Tem John Glidden
Dick Ansay
Ernest Volonte
Douglas Pennell
Absent
Dennis Solomon
Joel Channing
Steven Tarr
Also present were Growth Management Director Charles Wu, Principal Planner Talal Benothman, ,
Planners Jackie Holloman and Brad Wiseman, City Forester Mark Hendrickson, Code Enforcement
Administrator Kelvin Wise, and City Attorney Len Rubin.
Recommendation to City Council (P &Z)
Petition MISC -02 -09 Old Palm Golf Club Master Sign Pro ram
A request by Hank Skokowski of Urban Design Studio, agent for WCI Communities, Inc., for
approval of a Master Signage Program for the Old Palm Golf Club Planned Community District
(PCD). The master signage program proposes signs throughout the community for identification
and directional purposes
Planner Jackie Holloman presented the staff report. Henry Skokowski , agent for the petitioner,
explained that this was a very exclusive community and the intent was to have very low -key signage,
and answered questions regarding the signage.
MOTION:
Mr. Pennell made a motion to accept Petition MISC- 02 -09. Mr. Present seconded the motion,
which carried by unanimous 6 -0 vote.
Public Hearing (BZA)
Petition WA V-02-01: Boat Screening Waiver on Vacant Adiacent Lot at 3913 Begonia Street
A request by Kevin Pengue requesting a waiverfrom Section 78- 395(c) of the City Code that requires
watercraft to be properly screened The subject property is a vacant lot adjacent to 3913 Begonia
Street.
Planner Brad Wiseman presented the waiver request and advised that staff recommended denial. Kevin
Pengue, petitioner, provided photographs of his vacant lot and other photographs of unscreened boats,
including some without a decal. Mr. Pengue indicated he had over 24 trees on his lot and advised that
the photograph provided by staff had been taken from farther up on the lot and not from the street. Mr.
Pengue stated he paid two separate taxes for his two lots, had tried to enhance the neighborhood, had
installed tie -downs on each side of his driveway, and had been told by the Code Enforcement
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December 10, 2002
Administrator that he needed a 24' long fence 6' tall, but that would really not hide the boat and would
be in the way of the sprinkler system and the tie -downs would become useless. Mr. Pengue showed
photos of boats parked in easements. Mr. Pengue indicated he agreed with this code in 1997 and the
purpose had been to get boats out of easements and front yards, and at the time he had asked the Code
Enforcement Officer if he needed to do anything, to which the response had been, no, because it was a
vacant lot. Mr. Volonte stated that there was a metal shed on the lot, which Mr. Pengue explained was
not a permanent dwelling and that the lots were two separate parcels. Chair Kunkle declared the public
hearing open. Fred Albright advised he lived directly across the street to the west, facing the property
on which the boat was parked, and the boat was behind 12 -15 palms, a fence would not help the
appearance, and he had no issues with the situation. Gordon Royce, 3899 Begonia, commented he had
lived there 32 years and what Mr. Pengue had done to his house and lot were outstanding and he would
be ashamed if this petition were denied by the city. Mr. Travis Schmidt, 3896 Begonia, stated that 3910
Begonia was also owned by his family, that Mr. Pengue's lot was beautiful and it was appropriate for his
boat to be there, a fence would not be good because it would not look right, and a free - standing fence
would be an eyesore. Mr. Schmidt explained that Mr. Pengue did a lot of work on the lot, trimming and
cutting, and stated he was in favor of approving the waiver. Roger Scott, 3247 Begonia, stated he had
lived directly west between I -95 and Mr. Pengue's property since 1985, and Mr. Pengue had taken
property that looked like a vacant lot and changed it so that it did not look like a vacant lot and it was not
a detriment to the community. Tony ?`, 3880 Begonia, commented he was a boater, that this boat
was not an eyesore but was well maintained, that the lot was extremely attractive, and the City was
asking for something that would never enhance the lot. Mr. explained that this was a very unique
neighborhood, that everyone knew everyone else, and he was curious where this came from, and Mr.
Pengue's boat was not an eyesore. Joe Stranski, 3926 Begonia, stated he lived across the street and the
boat was not an eyesore and he thought the waiver should be granted. Hearing no further comments
from the public, Chair Kunkle declared the public hearing closed, and asked what would happen if the
waiver was granted and Mr. Pengue sold the boat. The City Attorney explained that the waiver was boat
specific. Mr. Wu responded that if Mr. Pengue sold the boat he would lose the decal. Mr. Wu explained
that this vacant lot was a buildable lot and if this was approved unity of title would be needed to get
around the accessory use. Chair Kunkle noted that a temporary building was allowed on a vacant lot.
Mr. Glidden commented that even though this was a vacant lot, it was next to the petitioner's house and
anything the Board did would get undone if the house or lot were sold. Mr. Glidden explained that he
chose to view this as a large lot with a house on it and the boat in the side property area; that Mr. Pengue
had done a great job of landscaping, and he would like to find a way to work this out. Mr. Glidden noted
that the purpose of the ordinance was not to get eyesores out of public view, but to get boats out of
public view, agreed that a fence should not be installed here, and suggested possibly relocating or
extending the driveway enough to put the boat next to the shed and add landscaping there, or that adding
landscaping would be another solution. Mr. Glidden indicated he wanted to find a compromise, and that
if the house or lot were sold the waiver would be rescinded. Mr. Volonte agreed. Chair Kunkle also
agreed, stating the boat was in good shape, the lot and trees were beautiful, this was a neighborhood
issue with no harm being done, and stated he was in favor of granting the waiver. Mr. Pennell
commented the photographs showed other unscreened boats in areas that were not nearly as presentable
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December 10, 2002
as this lot. Mr. Pennell agreed with the waiver if specific to the site because of what Mr. Pengue had
done with the landscaping, and just recommended planting a few more palms in between the existing
palms. Mr. Present commented staff was doing their job but he supported the waiver, that the intent of
screening going back in time was to protect areas not built up but now there were very few unbuilt lots,
and by granting the waiver the Board would not be setting a precedent. Mr. Present stated he was a little
disturbed by the photos of all the other boats that existed everywhere else and asked staff to look into
that. Mr. Ansay asked if a hedge could be provided instead of a fence, to which the City Attorney
responded it could be a hedge or a fence. Mr. Ansay noted that when granting a waiver the City usually
got something back, and he felt a hedge would be a compromise and the extra work of maintaining it
would be the responsibility of the applicant and would meet the spirit of the code. The petitioner stated
that he believed he did not need to be before the Board.
MOTION:
Mr. Present made a motion to approve Petition WAV- 02 -01. Mr. Pennell seconded the motion.
Mr. Glidden requested an amendment to add that if the house and lot were sold that the waiver
would be rescinded. The City Attorney advised that if the Board granted the waiver this property
would be treated like others, and would not be transferable. The applicant noted he had also been
cited for having a Wellcraft wave runner on the property. Code Enforcement Administrator
Kelvin Wise advised that the applicant had relocated the wave runner and therefore had
complied; however, by his admission here that it was on the lot he was out of compliance since one
was allowed one recreational vehicle only and one watercraft only. Chair Kunkle stated the Board
was dealing with the boat and staff should work out the problem with the Wellcraft. The vote on
the motion was 4 -2 in favor of the waiver, with Mr. Ansay and Mr. Volonte opposed.
Workshop (P &Z)
Petition PUD 01 -11: Mirasol Walk Shopping Center
A request by Audrey Huggins of Gee & Jenson, Inc., on behalf of North American Properties -
Investors, Inc., to develop a Commercial Planned Unit Development names Mirasol Walk. The
proposed development consists of]] 7,695 squarefeet of retail space. The 24.57 acre site is located at
the northwest corner of PHA Boulevard and the Florida Turnpike.
Planner Brad Wiseman presented the project. Shawn Macintyre, Vice President of North American
Properties, introduced other members of the petitioner's project team. A large rendering was shown and
smaller copies were passed out by the project team members. Mr. Macintyre explained that the Mirasol
arches had been incorporated into the plans, and they had agreed to abide by the Mirasol designs. Chair
Kunkle indicated he wanted to be sure the City Forester compared the landscaping to the Mirasol
landscaping so that the whole PGA Boulevard frontage would have seamless landscaping. The
petitioner stated it would be consistent. Chair Kunkle expressed traffic concerns. The applicant
responded that a deceleration lane into the project would be added, that Mirasol would be widening PGA
Boulevard to four lanes starting in January 2004, and this project would be opened after that. There
would be two through lanes where there currently was one. The applicant confirmed they had worked
with Mirasol when developing their plans and could submit a letter for the record. Mr. Present
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commented this was a good start and questioned whether North American would retain the outparcels.
Mr. Macintyre responded that the outparcels would be for sale, that one might be leased to a bank, and
that North American would retain ownership of the shopping center, and the project would have a
common theme so that it would look like one shopping center. Mr. Present requested consideration for
the fire station and the outparcels at the front door, to which the applicant agreed and stated that the
outparcels would come back before the Board. Mr. Pennell expressed concern that the entrance was
close to the turnpike and asked if consideration had been given to placing it closer to the Mirasol
entrance, to which the applicant responded that it was there for commercial access and more than one
outlet was needed. Mr. Glidden expressed concern that backs of buildings would face the turnpike, and
requested a condition that the applicant develop specific written architectural guidelines for the
outparcels so they would have matching roof materials and colors and would all work together, with
some recurring architectural features. Mr. Glidden inquired about signage. The applicant advised that
Exhibit A in the package was signage, which Mr. Glidden stated he would review. Mr. Glidden
indicated the large massing of Publix was a big box that needed architectural enhancement, that
architecture should wrap around the side and the northeast corner, that the turnpike exit was a gateway to
the City and architectural treatment was needed on the buildings along the turnpike. Mr. Glidden
requested extraordinary buffering along the north and along the turnpike exit. The applicant confirmed
the roof material would be barrel tile in a blend of grays and tans. Mr. Glidden requested the electrical
equipment also be behind the screened area provided for HVAC. Mr. Present requested 3 -sided views
of outparcel 4 for the next meeting. The applicant advised the sidewalk would connect from Mirasol
into this project. The City Attorney advised that unity of control documents would allow the City
enforcement rights. Chair Kunkle requested samples of tile, stone, and paint colors for the next meeting.
Chair Kunkle stated that Mr. Tarr's comments would be entered into the record, and that Mr. Glidden
had raised the same points mentioned by Mr. Tarr.
Following a short break, the meeting reconvened at 8:55 p.m.
Workshon (P &Z)
Petition SP- 01 -03: Downtown at the Gardens — Site Plan Review
A request by Don Hearing of Cotleur Hearing, agent, for site plan approval of a development to be
known as Downtown at the Gardens, consisting of office, retail, and entertainment center uses on an
approximately 35 -acre site (two parcels). The total square footage of the proposed development is
351,000 square feet, of which 225,000 square feet will be used for commercial purposes. The site is
located at the southeast corner of the intersection of Gardens Parkway and AlternateAIA within the
Regional Center Development of Regional Impact (DRI).
Mr. Glidden stepped down due to conflict of interest.
Principal Planner Talal Benothman presented the project.
Donaldson Hearing, on behalf of Menin Development, introduced project team members present,
provided an overview of the project location and surroundings, and described enhancements in the site
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December 10, 2002
plan since the last meeting, including consideration of a fourth entrance onto Alternate A 1 A, providing
access around the buildings, drop off areas, and improvements to the south end which allowed pedestrian
access all the way through the project. An additional left turn to allow northbound traffic on Victoria
Gardens as well as a 3 -way stop were proposed. The proposed valet parking area with 9-1/2 foot parking
spaces was reviewed. Bill Caldwell and Keith Spina described the architectural elements. Chris Hagen,
Kimley -Horn Associates, discussed the traffic circulation and shared parking. Mr. Ansay inquired if the
shared parking calculations had taken into account that many stores would be open until 9 or 10 p.m.,
which Mr. Hagan indicated had been done. Mr. Present asked if this petition could be moved along
tonight, to which Mr. Benothman responded it had not been certified. Mr. Pennell indicated he had only
favorable comments, that the south end was very nice, and the traffic flow was good. Mr. Volonte stated
he would like to move this along. Mr. Wu commented that the Commission was not allowed to make a
recommendation to City Council pending certification. Chair Kunkle advised the applicant to obtain
certification and come back. Mr. Ansay asked if Menin had purchased this property, to which Mr.
Hearing responded, yes.
Mr. Glidden re joined the Board.
Workshop (P &Z)
Petition PUD 02 -02: Parcel 12.04 Banyan Tree PUD Amendment
A request by Gentile, Holloway, & O'Mahoney, agent, proposing to provide 24,700 square feet of
professional office, 2,780 square feet of financial institution, and 5,000 square feet of restaurant on
an approximately five -acre portion (phase III) of the Banyan Tree PUD located at the northeast and
northwest corners of Northlake and MacArthur Boulevards.
Principal Planner Talal Benothman presented the project. Mr. Present questioned having hardscape
around the banyan tree. It was noted that the City Forester had indicated there might be a problem with
hardscape directly under the tree. George Gentile described the project, commented the brick pavers
under the tree could be a maintenance and safety problem, indicated that Quarterdeck Restaurant and
First National Bank would be two of the occupants, noted that the petitioner had worked with staff on
traffic calming, and stated that pedestrian access had been provided throughout the project. Mr. Gentile
indicated there was a lot of green area on the interior and buffering the intersection. Chair Kunkle
requested that people and traffic not be encouraged under the banyan tree and not to try to make it look
better at the expense of the tree. Chair Kunkle expressed hope that the City would retain maintenance of
the median. Mr. Benothman responded that the City always required developers to maintain the medians
adjacent to their properties, but if it was the wish of the Commission it could be done. Mr. Kunkle
requested that discussion be held regarding maintenance. Chair Kunkle asked if there was anything in
the center of the interior roundabout to force circulation, to which Mr. Gentile responded there was
nothing, as requested by the Fire Marshall. Chair Kunkle noted the berming adjacent to the parking
should be a minimum of 3' in height. Mr. Glidden commented this was a well - designed project and
asked if there would be design competition for a gateway sign. Mr. Wu explained that a committee was
working with concepts for City gateway signs and staff would check with the committee to see if this site
was appropriate. Mr. Glidden noted it was appropriate to reserve rights and the corner of the bank
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December 10, 2002
property would be a good site. Mr. Glidden commented the roundabouts were not confusing and the
restaurant's overhang detail on the pitched roof varied from the rest of the project. Roland Borland,
Architect responded that was intentional to make the buildings different. Mr. Glidden commented on
some architectural items, including that the arches were dark, the stair tower elements four columns on
each corner should be doubled in size to match the rest of the project, the cupolas on building "A" were
decorative only, there were none on `B" building, and questioned the signage. Mr. Gentile indicated the
petitioner would work with staff on signage and was requested to show the largest sign, and advised that
the Commission liked back -lit channel or internally illuminated letters. Mr. Pennell commented the site
rendering looked busy, and commented that the ordinance protecting the tree referenced fountains and
pools. It was noted that in the past there had been a rock fountain on the property when pageants were
held there. Mr. Gentile indicated the petitioner would work with the City Forester. Mr. Present
requested everything under the tree be eliminated, and suggested that benches could be placed across the
street on the bank parcel from which to view the tree. Mr. Ansay commented the project was very nice
and asked if there would be one owner, to which Mr. Gentile responded the bank would own their site,
Quarterdeck would own their site, and the office portion would be under one owner.
OLD BUSINESS:
There was no old business to come before the Board.
NEW BUSINESS:
Mr. Wu announced that the first joint meeting with Lake Park would be held Monday, January 6, and
that there would be no P &Z meeting on December 24.
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ADJOURNMENT
There being no further business, the meeting was adjourned at 9:20 p.m. The next regular meeting will
be held January 14, 2003.
APPROVED:
aA
Craig Kunkle, Jr., Chi
Joel Ch ing
a
l
Dennis Solomon
Steven Tarr
" 9
etty Lauffl, Secretary for the Meeting