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
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12 11. PLEDGE OF ALLEGIANCE
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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
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27 Also Present: Stephen Mayer, Senior Planner
28 R. Max Lohman, Interim City Attorney
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30 Chair Kunkle invited I st Alternate Donald Krzan and 2nd Alternate Joanne Koerner to join the
31 Board members on the dais.
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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
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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
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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.
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• 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 ✓
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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.)
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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
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