HomeMy WebLinkAboutMinutes P&Z 1209081
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
DECEMBER 9, 2008
The December 9, 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
Ill. ROLL CALL
The Public Information Coordinator called the roll.
Members Present: Craig Kunkle, Chair
Douglas Pennell, Vice Chair
Randolph Hansen
Barry Present
Michael Panczak
Joy Hecht
Amir Kanel
Donald Krzan, 1 st Alternate
Joanne Koerner, 2nd Alternate
Members Absent: None.
Also Present: Kara Irwin, Growth Management Administrator
Natalie Wong, Planning Manager
Richard Marrero, Senior Planner
Kate Wilson, Planner
Mark Hendrickson, City Forester
R. Max Lohman, Interim City Attorney
IV. REPORT BY KARA IRWIN, GROWTH MANAGEMENT ADMINISTRATOR
Growth Management Administrator Irwin reported Ordinance 30, 2008 the final Land Use
Amendment for the Loxahatchee Slough and a transportation charrette were approved by the
City Council.
V. ADDITIONS, DELETIONS AND MODIFICATIONS
None.
V1. APPROVAL OF MINUTES
None.
The Public Information Coordinator swore in all those wishing to speak at tonight's meeting.
Chair Kunkle requested members of the public wishing to speak at tonight's meeting fill out a
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
12.09.08
Page 1
I public comment card. Interim Attorney Lohman requested each speaker to state their name
2 and address for the record when they address the Board.
3 Chair Kunkle requested ex parte communication on all of the agenda items, with none
4 declared.
5 VII. RECOMMENDATION TO CITY COUNCIL
6 Ex parte Communication (Public Hearing)
7 1. CPTA- 06- 12- 000008: City - Initiated Amendment to the Future hand Use Element of the
8 City's Comprehensive Plan. A Comprehensive Plan text amendment to the Future Land -Use
9 Element to add a definition and provide criteria for areas highly suitable for office; and provide
10 policies to increase the DRI thresholds for office, encouraging development that will expand
1 I the economic base of the City.
12 Staff recommended postponement until the January 13, 2009.
13 Chair Kunkle opened the public hearing. There were no speakers.
14 MOTION
15 Douglas Pennell made a motion for approval of the postponement of CPTA- 06 -12- 000008:
16 Amendment to the Future Land Use Element of the City's Comprehensive Plan. Michael
17 Panczak seconded. Motion approved unanimously, 7 -0.
18 Member Approve Deny Absent
19 Craig Kunkle, Chair ✓
20 Douglas Pennell, Vice Chair ✓
21 Barry Present ✓
22 Randolph Hansen ✓
23 Michael Panczak ✓
24 Joy Hecht ✓
25 Amir Kanel ✓
26 Donald Krzan, 1 st Alternate NIA
27 Joanne Koerner, 2nd Alternate N/A
28
29 FINAL ACTION
30 Ex Parte Communication (Public Hearing)
31 2. PVAR- 08 -07- 000006 Consideration of Approval: A request by Maureen Barber, tenant
32 and applicant, on behalf of Beatriz Escobar, owner, for the following two variances:
33 • A variance from Section 78 -316 0), of the City Code and the Evergrene Planned
34 Community District (PCD) Parcel 8 development order, Resolution 201, 2002, which requires
35 a ten (10) foot minimum separation between structures and a preserve area. The petitioner is
36 requesting a variance of ten (10) feet to allow a four (4) foot tall fence at the rear property line,
37 which is adjacent to an existing preserve and requires a ten (10) foot setback; and
38 • A variance from the Evergrene Planned Community District (PCD) Parcel 8 development
39 order, Resolution 201, 2002, which requires a six (6) foot clear zone in the side yard. The
40 petitioner is requesting a variance of six (6) feet to allow a four (4) foot tall fence at the side
41 property line, which requires a six (6) foot setback from the side property line.
42 The Evergrene PCD is located south of Donald Ross Road, between North Military Trail and
43 Alternate A IA.
44 Maureen Barber, 1609 Nature Court, Palm Beach Gardens, explained the variance request for
45 her fence and presented a letter for approval of the fence from Jim Keely, president of the
46 Evergreen Master Association.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 2
12-09-08
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Growth Management Administrator Irwin gave a presentation explaining code requirements
and variance criteria. Staff recommended denial of the application. Discussion ensued.
Chair Kunkle opened the public hearing. With no one wishing to be heard, Chair Kunkle
closed the public hearing.
MOTION
Douglas Pennell made a motion for approval of PVAR- 08 -07- 000006, residential rear fence
setback at 1609 Nature Court, Palm Beach Gardens. Joy Hecht seconded. Motion failed, 4 -3.
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 NIA
Joanne Koerner, 2nd Alternate NIA
RECOMMENDATION TO CITY COUNCIL
Ex parte Communication (Public Hearing)
3. REZN- 08 -11- 000005: Waterway Cafd City - Initiated Rezoning. A City - initiated request,
for the rezoning of one (1) parcel of real property from Residential Medium (RM) to
General Commercial (CG -1). Said parcel comprises approximately one and 50/100 (1.5 ±)
acres, more or less, in size; such parcel of land being located on the south side of PGA
Boulevard approximately 1/4 mile east of Prosperity Farms Road, informally known as the
Waterway Cafe Restaurant.
Senior Planner Marrero presented a letter from Gregory S. Kino, Casey Ciklin Lubitz
Martens & O'Connell, that was entered for the record as Exhibit A for REZN- 08 -11-
000005. Senior Planner Marrero presented background information and showed a map of
the zoning. Growth Management Administrator Irwin explained the land use and the need
to change the zoning to be in agreement. Discussion ensued.
Chair Kunkle opened the public hearing.
Marty Minor, Urban Design Studio, 477 S Rosemary Avenue, Suite 225, West Palm
Beach, representing the owner of the Waterway Cafd, stated the owner's support of the
zoning change. Any redevelopment of the site would come back before the Board.
Elliot Perry, 11456 Kidd Lane, Palm Beach Gardens, stated his support for the zoning
change and requested that the tree trimming be continued, the undergrowth be maintained
and the fence be extended.
Chair Kunkle closed the public hearing.
MOTION
Amir Kanel made a motion for approval of REZN- 08 -11- 000005: Waterway Cafd City -
Initiated Rezoning. Douglas Pennell seconded. Motion approved unanimously, 7-0.
Member Approve Deny Absent
Craig Kunkle, Chair ✓
Douglas Pennell, Vice Chair ✓
Barry Present ✓
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
12-09-08
Page 3
I Randolph Hansen ✓
2 Michael Panczak ✓
3 Joy Hecht ✓
4 Amir Kanel ✓
5 Donald Krzan, Ist Alternate NIA
6 Joanne Koerner, 2nd Alternate NIA
7
8 RECOMMENDATION TO CITY COUNCIL
9 Ex parte Communication (Public Hearing)
10 4. MISC- 08 -10- 000051: LA Fitness Plaza Miscellaneous Petition. Dodi Glas, agent for
11 Fairway Shops JV, is requesting approval of a miscellaneous petition for LA Fitness Plaza,
12 formerly known as Shoppes on the Green, to update the plaza's exterior colors, materials,
13 signage and refresh existing landscaping. The site is located south of PGA Boulevard on the
14 east side of Fairway Drive in PGA National Planned Community District (PCD).
15 Dodi Glas, Gentile, Holloway, O'Mahoney & Associates, presented the petition upgrading the
16 center including, materials, colors, architectural features, signage, landscaping, Americans with
17 Disabilities Act (ADA) requirements and the parking lot improvements and paving. Discussion
18 ensued with the Board.
19 Kathryn Wilson, Planner, presented staff's position. No waivers were requested. Staff
20 recommended approval.
21 Discussion of the sign code ensued.
22 Chair Kunkle opened the public hearing. With no one wishing to be heard, the public hearing
23 was closed.
24 MOTION
25 Randolph Hansen made a motion for approval of MISC- 08 -10- 000051: LA Fitness Plaza
26 Miscellaneous Petition with the addition that the signage be looked at, addressed and revised as
27 part of the final approval process. Amir Kanel seconded. Motion approved unanimously, 7 -0.
28 Member Approve Deny Absent
29 Craig Kunkle, Chair ✓
30 Douglas Pennell, Vice Chair ✓
31 Barry Present ✓
32 Randolph Hansen ✓
33 Michael Panczak ✓
34 Joy Hecht ✓
35 Amir Kanel ✓
36 Donald Krzan, 1st Alternate N/A
37 Joanne Koerner, 2nd Alternate NIA
38
39 RECOMMENDATION TO CITY COUNCIL
40 Ex parte Communication (Public Hearing)
41 5. MISC- 08 -05- 000045: Northcorp Corporate Park PCD: Master Signage Program
42 Amendment. A request by Don Hearing of Cotleur & Hearing, on behalf of NorthCorp
43 Corporate Park Property Owner's Association, for approval of an amendment to the Master
44 Signage Program for the Northcorp Corporate Park Planned Community Development
45 (PCD), generally bounded by the Gardens Station PUD to the north, Interstate 95 to the
46 west, Burns Road to the south, and the FEC Railway to the east.
47 Staff recommended postponement until the January 13, 2009.
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Chair Kunkle opened the public hearing. There were no speakers.
MOTION
Michael Panczak made a motion for approval of the postponement of MISC- 08-05- 000045:
Northcorp Corporate Park PCD: Master Signage Program Amendment to January 13, 2009.
Douglas Pennell 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 NIA
Joanne Koerner, 2nd Alternate NIA
RECOMMENDATION TO CITY COUNCIL
Ex parte Communication (Public Hearing)
6. LDRA- 08 -03- 000018: Code Amendment to Section 78 -159. Table 21. Amendingt Chart
of Permitted Uses. A request by Johnston Group Land Development Consultants, Inc., on
behalf of Riverside Drive Investors, LLC ( "Applicant "), the owner of property in the MI-A
"Light Industrial District" within the City of Palm Beach Gardens, to amend the City's
Land Development Regulations ( "LDRs ") in order to allow retail sales to the general public
as an accessory use so long as such use is clearly subordinate and customarily associated
with the principal use and to allow Instructional Studios and Professional Studios as Minor
Conditional Uses in the M -1 A Light Industrial District.
Michael Sanchez, Johnston Group Land Development Consultants, made the presentation
for instructional and professional uses within the M 1 -A district. Discussion ensued with the
Board. Growth Management Irwin recommended approval.
Chair Kunkle opened the public hearing. With no one wishing to be heard, the public hearing
was closed.
MOTION
Barry Present made a motion for approval of LDRA- 08 -03- 000018: Code Amendment to
Section 78 -159, Table 21, Amending Chart of Permitted Uses. Amir Kanel 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 NIA
Joanne Koerner, 2nd Alternate NIA
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
12-09-08
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VIII. OLD BUSINESS
• Douglas Pennell discussed the out parcels in Shoppes on the Green. Growth
Management Administrator Irwin stated they can still be built on.
• Growth Management Administrator Irwin stated after reviewing the code, rooftop signs
are prohibited. Staff will meet with the petitioner on the LA Fitness signage.
Ix. NEW BUSINESS
• None.
(The remainder of this page intentionally left blank.)
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
12-09-08
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IX. ADJOURNMENT
There being no further business to come before the Board, Chair Kunkle adjourned the meeting
at 8:17 p.m. The next regu�neeting wille hW January 13, 2009,
APPROVED:
Donald Krzan, 1 st Alternate
Joanne Koerner, 2nd Alternate
ATTEST:
Llk"
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
12-09-08
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