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HomeMy WebLinkAboutMinutes P&Z 011105PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING January 11, 2005 MINUTES The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach Gardens, Florida, was called to order by Chair Craig Kunkle at 6:30 P.M. in the Council Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. REPORT BY GROWTH MANAGEMENT DIRECTOR Growth Management Administrator Charles Wu reported City Council had approved seven cases, some with changes, since the last PZA board meeting. At the December 16, 2004 meeting, City Council approved Gardens Station, Parcel 5B, Mirasol Walk Sun Trust Bank, Baskin Palmer, and removal of Victoria Falls Boulevard linkage in The Isles.as a thoroughfare. Mr. Wu reported Treasure Coast was going to hold a mini - charrette with the City to redesign the eastern portion of the site of Parcel 5B to accommodate Tri-Rail. At the January 6, 2005 City Council meeting the Council approved Paloma, and a new Economic Development Element to the comprehensive plan. APPROVAL OF MINUTES Mr. Hereford moved approval of the minutes of the December 14, 2004 meeting as submitted. Mr. Rubins seconded the motion, which carried by unanimous 7 -0 vote. ROLL CALL Betty Laur, Secretary for the meeting, called the roll for the Planning, Zoning and Appeals Board: Present Craig Kunkle, Chair Barry Present, Vice Chair Dennis Solomon Randolph Hansen Douglas Pennell Charles Hereford Jonathan D. Rubins (2nd alternate) Absent Michael Panczak Jay H. Bramson (1st alternate) All those intending to offer testimony in tonight's public hearings were sworn. ELECTION OF CHAIR AND VICE CHAIR Planning, Zoning, and Appeals Board Meeting Minutes January 11, 2005 Page 2 MOTION: Mr. Hansen made a motion that Craig Kunkle remain as Chair and that Barry Present remain as Vice Chair. Mr. Pennell seconded the motion. Mr. Solomon noted that historically the person who was Chair served for a year and then the person who was Vice Chair served as Chair. Mr. Wu advised that with the changed criteria for City boards, the board no longer needed to follow historical procedure. Motion carried by unanimous 7 -0 vote. EX -PARTE COMMUNICATION Each member of the board reported no ex -parte communication on the cases on tonight's agenda. Recommendation to City Council. Petition SP- 04 -02: Frenchman's Creek Turf Maintenance Facility A request by Mr. Jim Gielda of Land Design South, on behalf of Frenchman's Creek, Inc., for approval of a site plan amendment to the turf maintenance facility at the Frenchman's Creek Planned Community Development (PCD). The Frenchman's Creek PCD is located east of Alternate AIA, north of Hood Road, and south of Donald Ross Road. Senior Planner Brad Wiseman presented the staff report. Vice Chair Present questioned if the above - ground fueling station met requirements, to which staff responded it had met the requirements and the Fire Marshall had signed off on it. Chair Kunkle questioned the number of bathrooms and was told there was a men's' and women's' bathroom in the existing POA building and in the maintenance building, which was a code requirement. Jim Gielda was available to answer questions on behalf of the applicant. Mr. Hansen questioned whether there would be sufficient landscaping to screen this project from the road at completion. Mr. Gielda advised there would be enough landscaping but it would take a couple of years to grow in. An aerial photograph showed a good landscape buffer. MOTION: Mr. Pennell made a motion to recommend to City Council approval of Petition SP- 04-02 with the two waivers recommended by staff. Mr. Rubins seconded the motion, which carried by unanimous 7 -0 vote. Public Hearing and Recommendation to City Council: Ordinance 6, 2005 1Petition LDR- 04 -02: Amendments to City Code and Land Development Regulations Relating to Conditional Use Review A City- initiated request to amend the Palm Beach Gardens Code of Ordinances to create minor and major conditional uses, to allow the review, approval, or denial of minor conditional use applications by the development review committee and to allow the review, approval, or denial of major conditional uses by the city council Planning, Zoning, and Appeals Board Meeting Minutes January 11, 2005 Page 3 Planner Jackie Holloman presented the staff report. Mr. Hansen asked why a hardware store was not permitted in the CN zoning district, and recommended it be a conditional use instead of just not permitted. Mr. Hereford questioned why the amendments were being made. Attorney Nancy Stroud explained that some of the changes were made to comport with the law. She advised that DRC meetings needed to be conducted as public meetings, and recommended even when DRC was just making recommendations that the meetings be noticed. Attorney Stroud advised the uses chart had been reviewed, and since religious uses had become a subject of litigation they were compared to other assembly uses to assure they were equal. Most of the changes were policy issues. Chair Kunkle questioned that the meetings were public but there was no requirement to be advertised in the newspaper. Attorney Stroud explained the statutes governed types of public meetings for boards, and a posted notice was appropriate for staff functions. That complied with current case law. Chair Kunkle commented he was wondering if it would be worthwhile to spend the money to advertise in the newspaper, however, concluded it would not be worthwhile since there was only case law. Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle declared the public hearing closed. Mr. Hereford questioned that the permitted uses recommended changes list was not complete. Ms. Holloman explained that wireless telecommunications was shown incorrectly and would be a separate LDR amendment, presented to the board at their next meeting. Mr. Hansen asked about the appeals process. Response was if a minor conditional use was denied by staff it could be appealed to PZA and then to Circuit Court. It was clarified that a decision of the PZA board could be appealed to Circuit Court, but a decision of DRC could be appealed to PZA and next to Circuit Court. Mr. Solomon expressed his opinion regarding newspaper publication of meeting notices that it was legally sufficient not to have a newspaper advertisement and he believed there was enough due process with what was being proposed. Mr. Hereford and Chair Kunkle expressed agreement. Ms. Holloman estimated the number of minor conditional use applications during a year would be about 1/2 dozen. Mr. Pennell asked if it would be a good idea for the City Attorney or City Manager to be on the DRC. Ms. Holloman responded all staff reports were reviewed by Attorney Stroud. Attorney Stroud advised there was more objectivity not to have the City Attorney attend DRC meetings. MOTION: Planning, Zoning, and Appeals Board Meeting Minutes January 11, 2005 Page 4 Mr. Solomon made a motion to recommend to City Council approval of Ordinance 6, 2005 /Petition LDR -04 -02 with the following changes: (1) hardware store shall be permitted as a conditional use and could go through under minor change; wireless telecommunication shall be excluded, to be treated by separate legislative action after this. Mr. Hereford seconded the motion, which carried by unanimous 7 -0 vote. OLD BUSINESS There was no old business to come before the Board. NEW BUSINESS Mr. Wu reported the March 8, 2005 meeting date was election day. Consensus was to set the meeting for Monday, March 7, 2005 if the Council chambers were available and if the agenda warranted holding the meeting —if the agenda was light then it would be deferred to the next meeting. Mr. Solomon reported each member of the board had received a letter from the Bent Tree project which the board would consider in the future, and requested a copy of that letter be included in the packet when that project came up. Mr. Pennell reported he had driven on MacArthur Boulevard and it looked great, and asked that compliments be passed along to Mark Hendrickson. Planning, Zoning, and Appeals Board Meeting Minutes January 11, 2005 Page 5 ADJOURNMENT There being no further business, the meeting was adjourned at 7:20 p.m.. The next regular meeting will be held January 25, 2,045. APPROVED: Craig Kunkle, Jr: a -"-� ate Jonathan D. Rubins O Betty Laur, Sikretary f r the Meeting ' a AliK COMMENTS FROM THE PUBLIC Please Print Agenda Item: Date: Name: ,1 _ 4 Address: Approximate Length of Presentation (minutes) COMMENTS FROM THE PUBLIC Please Print Agenda Item: Date: Name: (J �G'' - __, Address: r 1, L �� N/W Approximate Length of Presentation (minutes)