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HomeMy WebLinkAboutMinutes P&Z 111008I CITY OF PALM BEACH GARDENS 2 PLANNING, ZONING AND APPEALS BOARD 3 REGULAR MEETING 4 NOVEMBER 10, 2008 5 6 The November 10, 2008 regular meeting of the Planning, Zoning and Appeals Board of the City 7 of Palm Beach Gardens, Florida, was called to order at 6:30 p.m. in the Council Chambers of the 8 Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, by Chair Craig 9 Kunkle. 10 I. CALL TO ORDER 11 12 11. PLEDGE OF ALLEGIANCE 13 14 III. ROLL CALL 15 The Municipal Services Coordinator called the roll. 16 Members Present: Craig Kunkle, Chair 17 Barry Present 18 Michael Panczak 19 Amir Kanel 20 Donald Krzan, I st Alternate 21 Joanne Koerner, 2nd Alternate 22 23 Members Absent: Douglas Pennell, Vice Chair 24 Randolph Hansen 25 Joy Hecht 26 27 Also Present: Stephen Mayer, Senior Planner 28 R. Max Lohman, Interim City Attorney 29 30 Chair Kunkle invited I st Alternate Donald Krzan and 2nd Alternate Joanne Koerner to join the 31 Board members on the dais. 32 33 IV. REPORT BY KARA IRWIN GROWTH MANAGEMENT ADMINISTRATOR 34 Senior Planner Stephen Mayer stated there was no report. 35 36 V. ADDITIONS, DELETIONS AND MODIFICATIQNS 37 Chair Kunkle announced that a request for postponement was received from the applicant of 38 item 2. PVAR -08- 07- 000006. 39 PVAR -0 8-07- 000006 Consideration of Approval: A request by Maureen Barber, tenant and 40 applicant, on behalf of Beatriz Escobar, owner, for the following two variances: 41 6 A variance from Section 78 -316 0), of the City Code and the Evergrene Planned 42 Community District (PCD) Parcel 8 development order, Resolution 201, 2002, which requires 43 a ten (10) foot minimum separation between structures and a preserve area. The petitioner is 44 requesting a variance of ten (10) feet to allow a four (4) foot tall fence at the rear property line, 45 which is adjacent to an existing preserve and requires a ten (10) foot setback; and PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 1 11-10-08 I • A variance from the Evergrene Planned Community District (PCD) Parcel 8 development 2 order, Resolution 201, 2002, which requires a six (6) foot clear zone in the side yard. The 3 petitioner is requesting a variance of six (6) feet to allow a four (4) foot tall fence at the side 4 property line, which requires a six (6) foot setback from the side property line. 5 The Evergrene PCD is located south of Donald Ross Road, between North Military Trail and 6 Alternate A 1 A. 7 8 Vi. APPROVAL OF MINUTES 9 None. 10 11 The Municipal Services Coordinator swore in all those wishing to speak at the meeting. Chair 12 Kunkle requested members of the public wishing to speak at the meeting fill out a public 13 comment card. 14 15 Chair Kunkle requested ex parte communication. Amir Kanel, Donald Krzan, Michael 16 Panczak and Chair Kunkle declared conversations with staff and Jennifer M. Tighe, Land 17 Design South, representing the developer of Frenchmen's Crossing project. 18 19 VII. PUBLIC WORKSHOP 20 1. ANNX- 07 -08- 000002: Frenchman's Crossing Annexation — Petition to the City of Palm 21 Beach Gardens, Florida regarding the project known as Frenchman's Crossing, generally 22 located on the northwest corner of Hood Road and Alternate AIA, proposing to annex the 23 property from unincorporated Palm Beach County into the City of Palm Beach Gardens. 24 CPMA- 07 -08- 000007: Frenchman's Crossing Comprehensive Plan May Amendment -- 25 Petition to the City of Palm Beach Gardens, Florida regarding the project known as 26 Frenchman's Crossing, generally located on the northwest corner of Hood Road and 27 Alternate AIA, proposing a comprehensive plan map amendment to amend the existing 28 Palm Beach County Medium Residential 5 (MR -5) land use to Palm Beach Gardens 29 Commercial (C) land use. 30 PPUD- 07- 08- 000018: Frenchman's CrossingPUD — Petition to the City of Palm Beach 31 Gardens, Florida regarding the Frenchman's Crossing Planned Unit Development, 32 generally located on the northwest comer of Hood Road and Alternate AIA, including site 33 plan and rezoning petitions to allow the construction of a commercial development 34 consisting of +/- 62,200 square feet of retail space. 35 • Jennifer M. Tighe, ASLA, Land Design South, gave a presentation describing the 36 Frenchman's Crossing location, surrounding communities in the area, site plan, building size 37 and other proposed uses including neighborhood stores, public art location, landscaping, 38 elevations and waivers. 39 • Waivers include: 1) instead of one Publix flat wail sign, three signs are requested. West 40 elevation, South elevation, and the main sign along Alt AIA; 2) two -sided signage for in -line 41 retail; 3) does not want to install wheel stops, but enhance the site design with additional green 42 space and landscape areas. 43 • The Evergrene Association has submitted two letters of support for the project and does 44 not want interconnectivity with the Publix site because it will breech Evergrene's security. 45 • Issues mentioned by The Evergrene Association Board and presented by Jennifer Tighe 46 include: 1) They do not like how Legacy Place looks firom Alt AIA, specifically GreenWise PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 2 11.10.08 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 loading area. Ms. Tighe described the difference between the proposed Publix and the GreenWise market at Legacy Place. • The enhanced landscaping for Hood Road was described. • Abacoa Publix is the most heavily traveled Publix in all of Palm Beach County. Publix wishes to provide relief by opening the Frenchman's Crossing store. Parking space size was discussed. The schedule for the project was itemized with construction beginning in September 2009 and the opening in summer 2010. • Ms. Tighe introduced civil engineer, John Wheeler and architect Marc Wiener. • Chair Kunkle complimented and thanked Ms. Tighe for her presentation and invited staff comments. • Senior Planner Stephen Mayer stated at this time staff does not have any comments concerning the annexation or the Comprehensive Plan Map Amendment. Senior Planner Mayer stated his one comment for the site plan is that he understands the Evergrene Community does not want the connectivity and explained three reasons why staff supports it. • Michael Panczak inquired about the use of ecologically- friendly refrigerants. Senior Planner Mayer stated there are no plan development regulations to enforce them, but there is encouragement for ecologically - friendly features, however there are no specific specifications on how to achieve it at this time. • The loading and dumpster areas were discussed. The rooftop equipment will be shielded from view. • Joanne Koerner inquired about a potential traffic conflict with the Seacoast Utility Authority site. Joe Lelonek, Land Design South, explained the traffic pattern and stated that Palm Beach County Engineering and Traffic Division has approved the configuration and has signed off on the concurrency. Palm Beach County has no proposed conditions for approval for annexation of the property. • Discussion ensued about Evergrene's objections to the interconnectivity citing security and maintenance issues. • Objections to wheel stops were discussed with support stated for the diamond configuration. Senior Planner Mayer stated staff would support the diamond configuration instead of wheel stops. Publix wants 45- degree angle parking and the diamond configuration does not work with that. • Objection was stated to the Publix sign facing Alt AIA. • Donald Krzan continued the discussion of connectivity suggesting that Publix build the connection for Evergrene. Ms. Tighe stated she can make the suggestion to the Evergrene Association Board. • It was established that Publix does have a plan for a permanent generator at this location. • Amir Kanel expressed his concern that 25 -foot light poles will disturb neighbors. The lights are shielded and directed away from residential property. • Amir Kanel stated his concern for the distance from Evergrene to Publix using the connectivity walkway. Nilsa Zacarias described the area where potential users of the walkway might live. • Amir Kanel stated he supports the waiver for the signs except on the South side, supports the waiver for the wheel stops and supports connectivity. • Chair Kunkle does not support the sidewalk because it will go unused, agreed that the East side sign is unnecessary and does not object to the other waivers. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 11-10-08 Page 3 2 3 4 5 6 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 • Chair Kunkle opened the public hearing. Carolyn Chaplik, 715 Hudson Bay Drive, The Isles, Palm Beach Gardens, complimented the design of the project but does not feel it is in the right area because of the ingress and egress. John Chaplik, 715 Hudson Bay Drive, The Isles, Palm Beach Gardens, complimented the architecture, but thinks the project is a disaster and specified the traffic conditions that will cause problems. Brian LaMotte, 1907 Flower Drive, Evergrene, Palm Beach Gardens, spoke in favor of the Publix project, but did not support the walkway because because of intrusion at the back of Evergrene homes. • Chair Kunkle closed the public hearing. • Discussion ensued regarding the traffic study and traffic flow, including acceleration and deceleration lanes. The discussion ended. Final Action Ex Parte Communication (Public Hearing) 2. PVAR -08 -07- 000006 Consideration of Approval — A request by Maureen Barber, tenant and applicant, on behalf of Beatri.z 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. • With no one wishing to be heard, Chair Kunkle continued the public hearing to date uncertain. MOTION Michael Panczak made a motion for approval of the postponement of PVAR- 08 -07- 000006 Consideration of Approval to date uncertain. Michael Panczak seconded Motion approved unanimously, 6 -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 ✓ PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 11-10-08 Page 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 t7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECOMMENDATION TO CITY COUNgL Ex Parte Communication (Public Hearing) 3. LDRA- 08 -11- 000019: Ordinance_ 30, 2008: Amendment to the Land Development RegWations Relating to an ApmIs Process — A City - initiated request to amend the Palm Beach Gardens Land Development Regulations to revise and clarify the administrative appeals process under certain circumstances. • Senior Planner Mayer presented Ordinance 30, 2008 and explained the procedures. • R. Max Lohman, Interim City Attorney, provided clarification on Ordinance 30, 2008. Joanne Koerner recommended adding the word "professional" before the word "engineer" in Ordinance 29, 2008, page 4, paragraph B1. • Chair Kunkle opened the public hearing. • With no one wishing to be heard, Chair Kunkle closed the public hearing. MOTION Barry Present made a motion recommending to City Council LDRA -08 -11 -000019: Ordinance 30, 2008: Amendment to the Land Development Regulations Relating to an Appeals Process. Michael Panczak seconded. The motion was approved unanimously, 6 -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 Vol VIII. OLD BUSINESS • Interim City Attorney R. Max Lohman asked Chair Kunkle about the addition of the July 22, 2008 minutes for signature. Chair Kunkle declined stating the minutes had not been included in the agenda package. IX. NEW BUSINESS • None. (The remainder of this page intentionally deft blank.) PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 11-10-08 Page 5 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 IX. ADJOURNMENT There being no further business to at 7:55 p.m. The next regulaVkeqti APPROVED: Douglas Mi Before the Board, Chair Kunkle adjourned the meeting be held December 9, 2 00 8. 6 LI \ Joy H t :RAJ: Joanne Koerner. 2nd Alternate ■ ATTEST: Debbie 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 11.10.08 Page 6