HomeMy WebLinkAboutMinutes P&Z 1028082
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
OCTOBER 28, 2008
The October 28, 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.
1. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
Chair Kunkle welcomed new member Joanne Koerner, 2nd Alternate.
III. ROLL CALL
The Public Information Coordinator called the roll.
Members Present: Craig Kunkle, Chair
Douglas Pennell, Vice Chair
Barry Present
Randolph Hansen
Joy Hecht
Amir Kanel
Donald Krzan, 1 st Alternate
Joanne Koerner, 2nd Alternate
VA
Members Absent:
Michael Panczak
Also Present: Kara Irwin, Growth Management Administrator
Stephen Mayer, Senior Planner
Nilsa Zacarias, Planning Manager
R. Max Lohman, Interim City Attorney
REPORT BY KARA IRWIN GROWTH MANAGEMENT ADMINISTRATOR
None.
37 V. APPROVAL OF MINUTES
38 Douglas Pennell asked that Dennis Solomon's vote on Petition No. PPUD -08 -03- 000019:
39 Diver's Direct Property at the July 22, 2008 meeting be verified.
40 MOTION
41 A motion was made by Barry Present to defer the July 22, 2008 minutes until the records can
42 be researched. The motion was seconded by Amir Kane[. Motion passed unanimously, 7 -0.
43 MOTION
44 A motion was made by Michael Panczak for approval of the September 23, 2008 minutes.
45 The motion was seconded by Amir Kanel. Motion passed unanimously, 7 -0.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 1
10-28-08
1 The Public Information Coordinator swore in all those wishing to speak at tonight's meeting.
2 Chair Kunkle requested members of the public wishing to speak at tonight's meeting fill out a
3 public comment card.
4
5 Chair Kunkle requested ex parte communication with none declared.
6
7 VI. ADDITIONS DELETIONS AND MODIFICATIONS
8 ADDITIONS
9 FINAL ACTION
10 Ex Parte Communication (Public Hearing)
11 PVAR- 08 -07- 000006 Consideration of Approval: A request by Maureen Barber, tenant and
12 applicant, on behalf of Beatriz Escobar, owner, for the following two variances:
13 • A variance from Section 78 -316 0), of the City Code and the Evergrene Planned
14 Community District (PCD) Parcel 8 development order, Resolution 201, 2002 which
15 requires a ten (10) foot minimum separation between structures and a preserve area. The
16 petitioner is requesting a variance of ten (10) feet to allow a four (4) foot tall fence at the
17 rear property line, which is adjacent to an existing preserve and requires a ten (10) foot
18 setback; and
19 • A variance from the Evergrene Planned Community District (PCD) Parcel 8
20 development order, Resolution 201, 2002, which requires a six (6) foot clear zone in the
21 side yard. The petitioner is requesting a variance of six (6) feet to allow a four (4) foot tall
22 fence at the side property line, which requires a six (6) foot setback from the side property
23 line.
24 The Evergrene PCD is located south of Donald Ross Road, between North Military Trail
25 and Alternate A IA.
26 MOTION
27 Barry Present made a motion for the addition of PVAR- 08 -07- 000006 to the agenda for
28 Consideration of Approval. Motion to second was inaudible. Motion approved unanimously,
29 7 -0.
30 Member Approve Qenv Absent
31 Craig Kunkle, Chair ✓
32 Douglas Pennell, Vice Chair ✓
33 Barry Present ✓
34 Randolph Hansen ✓
35 Michael Panczak ✓
36 Joy Hecht ✓
37 Amir Kanel ✓
38 Donald Krzan, 1 st Alternate ✓
39 Joanne Koerner, 2nd Alternate NIA
40
41 VII. RECOMMENDATION TO CITY COUNCIL
42 Ex Parte Communication (Public Hearing)
43 1. CPSS -07 -08- 000001: BallenIsles West Outparcel Future Land -Use Map Amendment. A
44 request by Cotleur & Hearing, Inc., agent for E. W. Outparcels, LLC, for a Small Scale
45 Comprehensive Plan Map Amendment to modify the Future Land Use Map to change the
46 designation from a Residential Low (RL) Future Land Use category to a Professional/Office
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 2
10-28-08
I (PO) Future Land Use category of an approximately 7.31 -acre vacant parcel of land, known as
2 the Ballenlsles West Outparcel, generally located at the southwest comer of the intersection of
3 PGA Boulevard and BallenIsles Drive.
4 e Growth Management Administrator Irwin requested a postponement to a date certain of
5 January 27, 2009.
6 + Chair Kunkle opened the public hearing.
7 MOTION
8 Randolph Hansen made a motion for postponement of CPSS - 07-08- 000001: Ballenlsles West
9 Outparcel Future Land -Use Map Amendment, to a date certain of January 27, 2009. Donald
10 Krzan seconded. Motion approved unanimously, 7 -0.
11 Member Approve Deny Absent
12 Craig Kunkle, Chair ✓
13 Douglas Pennell, Vice Chair ✓
14 Barry Present ✓
15 Randolph Hansen ✓
16 Michael Panczak ✓
17 Joy Hecht ✓
18 Amir Kanel ✓
19 Donald Krzan, 1 st Alternate Vol'
20 Joanne Koerner, 2nd Alternate NIA
PALI
22 RECOMMENDATION TO CITY COUNCIL
23 Ex Parte Communication (Public Hearing)
24 2. LDRA -08 -05- 000015: Code Amendment to Section 78 -159, Table 21, Amending Chart of
25 Permitted Uses. A request by Johnston Group Land Development Consultants, Inc., on behalf
26 of Riverside Drive Investors, LLC ( "Applicant"), the owner of property in the M1 -A "Light
27 Industrial District" within the City of Palm Beach Gardens, to amend the City's Land
28 Development Regulations ( "LDRs ") in order to allow retail sales to the general public as an
29 accessory use so long as such use is clearly subordinate and customarily associated with the
30 principal use and to allow Instructional Studios and Professional Studios as Minor Conditional
31 Uses in the M -IA Light Industrial District.
32 • Chair Kunkle opened the public hearing.
33 • Growth Management Administrator Irwin requested a postponement to a date certain of
34 December 9, 2008.
35 MOTION
36 Vice Chair Pennell made a motion for postponement of LDRA- 08 -05- 000015: Code
37 Amendment to Section 78 -159, Table 21, Amending Chart of Permitted Uses, to a date certain
38 of December 9, 2008. Donald Krzan seconded. Motion approved unanimously, 7-0.
39 Member Approve Deny Absent
40 Craig Kunkle, Chair ✓
41 Douglas Pennell, Vice Chair ✓
42 Barry Present ✓
43 Randolph Hansen ✓
44 Michael Panczak ✓
45 Joy Hecht ✓
46 Amir Kanel ✓
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 3
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Donald Krzan, 1 st Alternate ✓
Joanne Koerner, 2nd Alternate NIA
FINAL ACTION
Ex Parte Communication (Public Hearing)
3. PVAR- 08 -07- 000006 Consideration of Approval: A request by Maureen Barber, tenant
and applicant, on behalf of Beatriz Escobar, owner, for the following two variances:
• A variance from Section 78 -316 0), of the City Code and the Evergrene Planned
Community District (PCD) Parcel 8 development order, Resolution 201, 2002 which
requires a ten (10) foot minimum separation between structures and a preserve area. The
petitioner is requesting a variance of ten (10) feet to allow a four (4) foot tall fence at the
rear property line, which is adjacent to an existing preserve and requires a ten (10) foot
setback; and
• A variance from the Evergrene Planned Community District (PCD) Parcel 8
development order, Resolution 201, 2002, which requires a six (6) foot clear zone in the
side yard. The petitioner is requesting a variance of six (6) feet to allow a four (4) foot tall
fence at the side property line, which requires a six (6) foot setback from the side property
line.
The Evergrene PCD is located south of Donald Ross Road, between North Military Trail
and Alternate A IA.
• Chair Kunkle opened the public hearing.
• Growth Management Administrator Irwin requested a postponement to a date certain of
November 10, 2008.
MOTION
Barry Present made a motion for the postponement of PVAR- 08- 07- 000006 Consideration of
Approval to a date certain of November 10, 2008. Amir Kane] seconded. Motion approved
unanimously, 7 -0.
Member Approve Deny Absent
Craig Kunkle, Chair ✓
Douglas Pennell, Vice Chair ✓
Barry Present ✓
Randolph Hansen ✓
Michael Panczak ✓
Joy Hecht ✓
Amir Kanel ✓
Donald Krzan, 1 st Alternate ✓
Joanne Koerner, 2nd Alternate NIA
RECOMMENDATION TO CITY COUNCIL
Ex Parte Communication (Public Hearing)
4. CPTA- 08 -09- 000015: City - initiated public hearing to amend the Capital Improvements
Element (CIE) of the City of Palm Beach Gardens Comprehensive Plan in order to update
the CIE to be consistent with the current City budget in accordance with Chapter 163.3177,
Florida Statutes.
• Senior Planner Stephen Mayer presented the mandatory update to the Comprehensive
Plan.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
10.28.08
Page 4
I • Board discussion ensued.
2 • Amir Kanel suggested additional wording for financial feasibility be added to the staff
3 recommendation. Senior Planner Mayer agreed.
4 • Chair Kunkle opened the public hearing.
5 • With no one wishing to be heard, Chair Kunkle closed the public hearing.
6 MOTION
7 Douglas Pennell made a motion for approval, of CPTA -08 -9- 000015 City - initiated public
8 hearing to amend the Capital Improvements Element. Barry Present seconded. Motion
9 approved unanimously, 7 -0.
10 Member Approve D_ eny Absent
11 Craig Kunkle, Chair ✓
12 Douglas Pennell, Vice Chair ✓
13 Barry Present ✓
14 Randolph Hansen ✓
15 Michael Panczak ✓
16 Joy Hecht ✓
17 Amir Kanel ✓
18 Donald Krzan ✓
19 Joanne Koerner, 2nd Alternate NIA
20
21 VIII. OLD BUSINESS
22 • The status of the Kyoto Gardens Drive extension was requested.
23 • Growth Management Administrator Irwin stated the projected time for completion of
24 the Kyoto Gardens Drive extension is November 3, 2009.
25 • The status of the Shady Lakes Drive extension was requested.
26 • Growth Management Administrator Irwin stated it is not currently planned for.
27 • The status of Downtown at the Gardens parking was requested.
28 • Growth Management Administrator Irwin stated there is currently an application going
29 through the City's process that addresses the parking issues. The matter will come before
30 the Board in a couple of months.
31 • The status of the Downtown at the Gardens garbage areas was requested.
32 • Growth Management Administrator Irwin stated Downtown at the Gardens has been
33 told that the screening of the garbage areas will be part of the review process.
34 • A request was made about the possible removal of property lease and for sale signs
35 along PGA Boulevard.
36 • Growth Management Administrator Irwin stated the signs are allowed under the
37 temporary code section.
38 • A request was made about the City -wide text amendment.
39 • Growth Management Administrator Irwin stated the petitioner has asked for a change
40 to the overall zoning district.
41
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43 • A suggestion was made that the Shady Lakes Drive extension be considered when the
44 developments off of Hood Road and Central Boulevard start coming in.
45 • Statement was made that the Sunday Green Market has turned into a flea market.
46
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 5
10-28-08
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X. ADJOURNMENT
There being no further business to come b feohelollTovember re the Board, Chair Kunkle adjourned the meeting
at 6:51 p.m. The next regular meetin will 10, 2008.
APPROVED:
Craig
Douglas
Randol
ichael
W
f— MA-t,+
Joanne Koerner, 2nd Alternate
ATTEST:
Deborah Andrea
Public Information Coordinator
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
10.28.08
Page 6