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CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
OCTOBER 14, 2008
The October 14, 2008 regular meeting of the Planning, Zoning and Appeals Board of the City of
Palm Beach Gardens, Florida, was called to order at 6:30 p.m. in the Council Chambers of the
Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, by Chair Craig
Kunkle.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
The Public information Coordinator called the roll.
Members Present: Craig Kunkle, Chair
Barry Present
Randolph Hansen
Michael Panczak
Joy Hecht
Amir Kanel, 1 st Alternate
Donald Krzan, 2nd Alternate
Members Absent: Douglas Pennell, Vice Chair
Also Present: Kara Irwin, Growth Management Admmistrator
Stephen Mayer, Senior Planner
Nilsa Zacarias, Planning Manager
R. Max Lohman, Interim City Attorney
IV. REPORT BY KARA IRWIN, GROWTH MANAGEMENT ADMINISTRATOR
None.
V. APPROVAL OF MINUTES
MOTION
A motion was made by Michael Panczak for approval of the July 8, 2008 minutes. The motion
was seconded by Amir Kanel. Motion passed unanimously, 7 -0.
MOTION
A motion was made by Michael Panczak for approval of the August 12, 2008 minutes. The
motion was seconded by Amur Kanel. Motion passed unanimously, 7 -0.
MOTION
A motion was made by Michael Panczak for approval of the August 25, 2008 minutes. The
motion was seconded by Amur Kanel. Motion passed unanimously, 7 -0.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
10-14-08
Page 1
I Chair Kunkle requested ex parte communication. Chair Kunkle reported a conversation with
2 Anne Booth regarding Seacoast Utility Authority, a meeting with staff regarding the ten (10)
3 year water plan, and a conversation with Maureen Barber regarding her fence. Randolph
4 Hansen reported receiving an e-mail sent by Anne Booth of a revised elevation on the
5 Seacoast Utility Authority building, which Randolph Hansen reviewed and returned to Anne
6 Booth.
s The Public Information Coordinator swore in all those wishing to speak at tonight's meeting.
9 Chair Kunkle requested members of the public wishing to speak at tonight's meeting fill out a
10 public comment card.
11
12 VI. FINAL ACTION
13 Ex Parte Communication (Public Hearing)
14 1. Petition No. PVAR- 08 -07- 000006: Consideration of Approval. A request by Maureen
15 Barber, tenant and applicant, on behalf of Beatriz Escobar, owner, for the following two
16 variances:
17 • A variance from Section 78 -316 0), of the City Code and the Evergrene Planned
18 Community District (PCD) Parcel 8 development order, Resolution 201, 2002, which requires
19 a ten (10) foot minimum separation between structures and a preserve area. The petitioner is
20 requesting a variance of ten (10) feet to allow a four (4) foot tall fence at the rear property line,
21 which is adjacent to an existing preserve and requires a ten (10) foot setback; and
22 • A variance from the Evergrene Planned Community District (PCD) Parcel 8 development
23 order, Resolution 201, 2002, which requires a six (6) foot clear zone in the side yard. The
24 petitioner is requesting a variance of six (6) feet to allow a four (4) foot tall fence at the side
25 property line, which requires a six (6) foot setback from the side property line.
26 The Evergrene PCD is located south of Donald Ross Road, between North Military Trail and
27 Alternate Al A.
28 • Maureen Barber explained the fence installation at her property in Evergrene PCD. Ms.
29 Barber stated the fence was necessary because she has dogs. Pictures of the fence installation
30 were shown. Ms. Barber explained that she was unaware Bull Dog Fence Company had not
31 gotten a permit before the fence was installed. The denial of the City permit was explained.
32 Letters from neighbors and the community who do not object to the fence were presented.
33 Composite Exhibit 1 consisted of seven (7) letters. Ms. Barber has an eighteen (18) -month
34 lease with an option to stay another six (6) to (twelve) 12 months. Discussion ensued
35 regarding the permit and the placement of the fence.
36 • Chair Kunkle stated there were four (4) letters dated October 14, 2008 from neighbors
37 who had no objection to the fence; one (1) letter dated April 14, 2008 from the Evergrene
38 Master Association property manager stating the Architectural Committee had approved the
39 fence; one (1) Evergrene architectural modification form dated May 1, 2008 signed as
40 approved on May 7, 2008; a letter of notification of approval of the fence from the Evergrene
41 Master Association assistant property manager dated May 7, 2008. Neither Evergrene letter
42 had a sentence stating that "with this approval you will still be required to meet all other
43 governmental agency requirements and codes." There is one (1) letter from the president of
44 the Evergrene Master Association objecting to the variance dated September 18, 2008.
45 Discussion ensued.
46 • Ms. Barber requested a continuance to the October 28, 2008 meeting.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page
10-14-08
I Chair Kunkle opened the public hearing.
2 John DiPolato, 1611 Nature Court, Palm Beach Gardens, explained his support for the
3 improvement made by the fence installed at Ms. Barber's home.
4 Motion
5 Barry Present made a motion for approval of a continuance to October 28, 2008 for Petition
6 No. PVAR- 08 -07- 000006 Consideration of Approval. Joy Hecht seconded. Motion approved
7 unanimously, 7 -0.
8 Member Approve Deny Absent
9 Craig Kunkle, Chair ✓
10 Douglas Pennell, Vice Chair ✓
11 Barry Present ✓
12 Randolph Hansen ✓
13 Michael Panczak ✓
14 Joy Hecht ✓
15 Amir Kanel ✓
16 Donald Krzan ✓
17
18 RECOMMENDATION TO CITY COUNCIL
19 Ex Parte Communication (Public Hearing)
20 2. Petition No. CUMJ- 08 -06- 000014: Seacoast Utilities Authority (SUA) Major Conditional
21 Use. Public Hearing & Recommendation to City Council: A request from Mrs. Anne Booth of
22 Urban Design Studio, agent of Seacoast Utility Authority (SUA) for approval of a major
23 conditional use to allow modifications to the site plan for the expansion of an existing
24 institutional use known as the Seacoast Utility Authority Hood Road Water Treatment Plant
25 (SUAWTP) to include the addition of a 40,150 square foot Membrane Processing building
26 and other minor modifications, located at the southwest comer of the intersection of Hood
27 Road and Alternate AIA. The property possesses a Public (P) Future Land Use category
28 within the Public Institutional (PI) zoning district, which allows for a utility and major
29 substation use to be permitted as a major conditional use.
30 • Chair Kunkle asked Interim Attorney R. Max Lohman for guidance on this issue citing the
31 Planning, Zoning and Appeals Board (PZAB) had already approved it at an earlier meeting
32 but the day in the notice was incorrect. Interim Attorney R. Max Lohman explained that due
33 to the error in the notice it made the PZAB's action void at initiation because the minimum
34 due process set forth in the code was not followed. Interim Attorney Lohman explained the
35 process to be followed.
36 • Anne Booth, Urban Design Studio, agent for Seacoast Utility Authority was sworn in.
37 • Anne Booth addressed two comments from the previous meeting. Randolph Hansen
38 suggested another vertical element be added to the facade of the building for balance. The
39 requested element was added. The second concern was for noise and noise abatement and the
40 features addressing these concerns were discussed.
41 • The PZAB members complimented the improvements made to the Seacoast facility.
42 • Stepehen Mayer, Senior Planner, stated staffs approval of the project.
43 • Chair Kunkle opened the public hearing.
44 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, asked for a color chart to
45 ensure it blends with The Isles.
PLANNING, ZONING AND APPEALS BOARD REGUTAR MEETING Page 3
10-14-08
I Margaret Shannon, 1111 Orinoco Way, Palm Beach Gardens, president of The Isles
2 Homeowners Association (HOA), stated she does not believe the new Seacoast facility will
3 cause a problem for The Isles residents.
4 Carl Miller, 181 Euphrates Circle, Palm Beach Gardens, spoke about the lack of landscaping
5 in some areas of the Seacoast facility.
6 Emilio Badaro, 1323 St. Lawrence Drive, Palm Beach Gardens, stated his concern for the
7 noise levels and odor from the Seacoast facility.
8 • Chair Kunkle closed the public hearing.
9 • Anne Booth explained Seacoast has been at its location for 40 years. At the time The Isles
10 was created a perimeter easement between The Isles and Seacoast was established. The
I 1 restrictions and requirements of the easement were explained.
12 • Anne Booth stated that she did offer to meet with Carl Miller and Carolyn Chaplik, who
13 declined.
14 • Anne Booth stated that the noise level with the new system is expected to be about the
15 same as with the old system.
16 • Amir Kane] discussed noise levels and a site visit to a similar facility.
17 MOTION
18 Randolph Hansen made a motion recommending approval to City Council of item CUMJ -08-
19 06- 000014: Seacoast Utilities Authority (SUA) Major Conditional Use. Amir Kanel seconded.
20 The motion was approved unanimously, 7 -0.
21 Member Appro ve Deny Absent
22 Craig Kunkle, Chair ✓
23 Douglas Pennell, Vice Chair ✓
24 Barry Present ✓
25 Randolph Hansen ✓
26 Michael Panczak ✓
27 Joy Hecht ✓
28 Amir Kanel ✓
29 Donald Krzan ✓
30
31 RECOMMENDATION TO CITY COUNCIL
32 Ex Parte Communication (Public Hearing)
33 3. Petition No. CPTA- 08 -08- 000014: _Comprehensive Plan Text Amendments
34 Recommendation to the Planning, Zoning and Appeals Board. A City - initiated request for
35 amendments to the Future Land Use, Infrastructure, Conservation, Intergovernmental
36 Coordination, and Capital Improvement elements of the City's Comprehensive Plan,
37 providing for the 10 -Year Water Facilities Work Plan.
38 a Nilsa Zacarias, Planning Manager, presented the Ten (10) -Year Water Supply Facilities
39 Work Plan and explained the Statute requirements, data analysis, key issues and
40 Comprehensive Plan Amendments.
41 • Discussion ensued regarding how the number of residents and water usage is
42 calculated.
43 * Kara Irwin, Growth Management Administrator, explained that Seacoast Utility
44 Authority is a member of the Development Review Committee (DRC), and they do have
45 the opportunity to review all projects and Seacoast is also a member of the concurrency
46 process. Rim Bishop, Executive Director, Seacoast Utility Authority, explained the
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 4
10.14.08
I calculation of gallons per capita per day (GPCD). The municipalities that Seacoast serves
2 are interconnected. Administrator Irwin explained concurrency, which includes traffic,
3 roads, water, sewer and drainage.
4 • Chair Kunkle opened the public hearing.
5 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, stated her concern about
6 adequate water supply for annexed properties, unincorporated areas and western expansion.
7 • Chair Kunkle closed the public hearing.
8 • Planning Manager Zacarias explained concurrency further and the difference between a
9 plan and a policy.
10 MOTION
11 Randolph Hansen made a motion recommending approval to City Council of item CPTA -08-
12 08- 000014: Comprehensive Plan Text Amendments Recommendation to the Planning,
13 Zoning and Appeals Board. Amir Kanel seconded The motion was approved unanimously,
14 7 -0.
15 Member Approve Deny Absent
16 Craig Kunkle, Chair ✓
17 Douglas Pennell, Vice Chair ✓
18 Barry Present ✓
19 Randolph Hansen ✓
20 Michael Panczak ✓
21 Joy Hecht ✓
22 Amir Kanel ✓
23 Donald Krzan ✓
24
25 Vll. OLD BUSINESS
26 • None.
27
28 VIII. NEW BUSINESS
29 • Interim Attorney R. Max Lohman explained the City Council policy of not having ex
30 parte communication with an applicant without staff members present. City Council
31 decided to extend that policy to all boards and committees. Meetings can still be held with
32 prospective or present applicants, their representatives or agents, but a staff member must
33 be included.
34 a Staff will now be required to give a presentation for every application.
35
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IX. ADJOURNMENT
There being no further business to come l
at 7:52 p.m. The next regular meetir 'll
APPROVED:
1ph
4ichacl,P4nczak r
z S } f46L
Joy Wecht
Amir Kanel, 1 st Alternate
Donald Krzan, 2nd Al
(Vacancy)
ATTEST:
xo� YJ
Deborah Andrea
Public Information Coordinator
�e Board, Chair Kunkle adjourned the meeting
October 28, 2008.
Note: These action minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
meeting.
All referenced attachments are on file in the Office of the City Clerk.
Note: The Public Information Coordinator swore in those preparing to give testimony.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
10.14.08
Page 6