HomeMy WebLinkAboutMinutes P&Z 0522071
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PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
May 22, 2007
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.
REPORT BY GROWTH MANAGEMENT ADMINISTRATOR KARA IRWIN
Growth Management Administrator Kara Irwin reported that at the last City Council meeting
the Council had approved the gas station at the corner of PGA Boulevard and Prosperity
Farms Road. A condition of approval required the applicant to have a generator brought to
the site within 48 hours ahead of a hurricane.
MEETING MINUTES
Mr. Rubins moved approval of the minutes of April 24, 2007 meeting with the spelling of
Mr. Hansen's name corrected. Motion was seconded by Ms. Hecht and carried by unanimous
7 -0 vote.
ROLL CALL:
Debbie Andrea, Public Information Coordinator, called the roll for the Planning, Zoning and
Appeals Board:
Present Absent
Craig Kunkle, Chair Bang Present
Douglas Pennell, Vice Chair
Randolph Hansen
Dennis Solomon
Jonathan Rubins
Michael Panczak
Joy Hecht, 0 Alternate
Amir Kanel, 2°d Alternate
Also present were Kara Irwin, Growth Management Administrator, Brad Wiseman Planning
Manager, Jackie Holloman Planner, Mark Hendrickson City Forrester, Attorney Nancy Stroud,
Todd Miller Principal Planner, R J. Marrero Planner. Mr. Marrero left the meeting following
the first hearing.
The only ex -parte communication for tonight's cases was reported by Mr. Kunkle, who stated
he met with the applicant on Petition number 1. All those present intending to offer testimony in
any of tonight's cases were sworn in.
Planning, Zoning, and Appeals Board Meeting Minutes 05/22/07
2 Ex-Parte Communication (Quasi - Judicial) (Public Hearing):
3 Petition VAR 07- 04000003: Rear Setback Variance for 3899 Toulouse Drive
4
5 1 Pat Mitchell of 3899 Toulouse Drive is requesting a variance to allow a rear setback
6 reduction from the required 10 feet in order to construct a 768 square foot mother - in-law
7 guesthouse to the property line at the northwest corner of Lot I of Pod F.-5 within the
8 Frenchman's Creek Planned Community District (PCD). The Frenchman's Creek PCD is
9 located east of Alternate AIA, north of Hood Roam and south of Donald Ross Road
10
11 Mr. Mitchell presented his petition. Chair Kunkle declared the public hearing open. Hearing
12 no comments from the public, Chair Kunkle declared the public hearing closed. Comments
13 from the board included a question regarding the future use of the structure, the possibility of
14 a one -story structure, concern that the proposed plan did not meet variance criteria and was
15 not the minimum that could accommodate the request, visibility from Alternate AIA, lack of
16 architectural criteria, and recommendation the applicant be represented by a professional.
17 City Forester Hendrickson indicated he did not know if this property would be visible from
18 Alternate Al A.
19
20 The Attorney Stroud advised each variance stood on its own and did not legally create
21 precedence for any other setback, so any other 10 -foot setback that had been granted did not
22 give this board justification or compulsion to approve this petition and the board needed to
23 look at the code requirements. The applicant indicated he would bring back the petition.
24
25 MOTION:
26 Mr. Pennell made a motion to postpone the public hearing for VAR- 07 -04- 000003 to a
27 date certain of June 26, 2007. Mr. Rubins seconded the motion, which carried by 6-0
28 vote. Ms. Hecht did not vote on this motion.
29
30 Recommendation to City Council:
31 &-Park Communication (Quasi- Judicial) (Public Hearing):
32 Petition CUMJ- 06-08- 000006 — An amendment to a Major Conditional Use for Nativity
33 Lutheran church and School
34 A request by Gentile Holloway O'Mahoney and Associates, Agent for Nativity Lutheran
35 Church and School, located at 4075 Holly Drive, for approval of an amendment to a Mryor
36 Conditional Use to allow two temporary modular classroom units totaling 1,680 square
37 feet for a period of three years. This approximately five acre parcel is located at the
38 northwest corner of Plant and Holly Drives
39
40 Dan Simpson presented the request on behalf of the applicant. Board comments included
41 questions regarding permanent funding, placement of modules, how the children accessed the
42 classrooms, proposed uses for the modulars, that tuition would help in funding and there was
43 potential to obtain a loan, that the applicant could request up to 5 -years for the project, time
44 period to dismantle the modulars, to add "screened from view": to the satisfaction of the
45 Growth Management Department.
46
2
Planning, Zoning, and Appeals Board Meeting Minutes 05/22/07
1 Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair
2 Kunkle declared the public hearing closed.
4 MOTION:
5 Mr. Solomon made a motion to recommend to City Council approval of Petition
6 CUMJ- 06-08- 000006 with the conditions in the staff report, including the new
7 conditions, and with the modification that condition 2 be modified that the modular
8 unit be removed within " days from the date that it is supposed to be removed unless
9 Growth Management Department grants an extension or some variance of that, and
to that upon removal of any landscaping installed it be salvaged and used on the site in
11 accordance with the City- approved plan; and condition 3, rooftop screening, be done to
12 the satisfaction of the Growth Management Department. Mr. Pennell seconded the
13 motion, which carried by unanimous 7 -0 vote.
14
15 Recommendation to City Council.
16 (legislative) (Public Hearing)
17 Ordinance 18.2007. Ordinance of the City Council of Palm Beach Gardens relating to
18 drought - related water restrictions
19 An ordinance authorizing the City Manager to implement necessary modifications to the
20 requirements for landscaping installation during periods of drought.
21
22 Growth Management Administrator Kara Irwin explained that during establishment of the
23 current water restrictions the question kept coming up whether approved landscaping could
24 wait to be installed yet be bonded per City code. This had been brought to City Council for
25 direction, and at that time Council also adopted it on first reading. Because this was relative
26 to the code, this board as the Land Development Review Committee (LDRC) needed to
27 review it and provide their recommendation before second reading by City Council. Ms.
28 Irwin explained this was the City's response to the water restrictions, not wanting plants to be
29 required to be installed when they could not be watered and therefore would die. Bonds
30 would not be released until landscape installations were completed after the restrictions were
31 lifted. Discussion ensued regarding amounts of water required for landscaping and the
32 procedure required for releasing bonds.
33
34 Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair
35 Kunkle declared the public hearing closed.
36
37 MO'T'ION:
38 Mr. Pennell made a motion to recommend to City Council approval of Ordinance 18,
39 2007. Mr. Rubins seconded the motion, which carried by unanimous 7 -0 vote.
40
41 OLD BUSINESS
42
43 There was no old business to come before the board.
44
45 NEW BUSINESS
46
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Planning, Zoning, and Appeals Board Meeting Minutes 05/22/07
Mr. Kanel commented there were open ended loops for water in the City with thousands of
gallons going into the canals and being wasted each day while there were all kinds of water
restrictions in place. Mr. Kanel asked why the City did not initiate something to complete
those loops.
Mr. Panczak suggested a cut -off date for members to meet with applicants instead of staff
trying to reach nine members on a Friday for a Monday or Tuesday appointment because an
applicant wanted to talk with them, advising that members were all booked several days
ahead. Chair Kunkle suggested that staff advise applicants that last minute meetings did not
work out.
Mr. Kanel advised he would be out of the country on vacation June 9 to July 9.
Mr. Rubins suggested help for applicants who did not have resources for professionals to
make their presentations. Ms. Irwin advised staff did provide help for residents who made
their own variance presentations.
(The rest of this page left intentionally blank.)
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Planning, Zoning, and Appeals Board Meeting Minutes 05/22/07
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:48 p.m. The next regular
meeting will be held June 12, 2007.
APPROVED:
Amir Kanel
ko,d,a f-)� -
Debbie Andrea, Public Inform atibn Coordinator
48 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not
49 verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the
50 City Clerk. All referenced attachments are on file in the City Clerk's office.
5
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME IRST N E- MIDDLE N
NAME OF B0 f IL MMISSION, AUTHORITY, OR COMMITTEE
MAILING ADDRf,�SS� O ��
{{�J
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
%'61TY 0 COUNTY El OTHER LOCAL AGENCY
CITY COUNTY
(. �-
NAME OF RG CAL BD
` •
DATE ON WaN VOTE OCCURRED
V ?i2
MY POSITION IS:
❑ ELECTIVE APPOINT VE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non- advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM BB - EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
% A copy of the form must be provided immediately to the other members of the agency.
+ The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You must disclose orally the nature of your conflict in the measure before participating.
+ You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on Z , 20
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
a inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of , by
whom I am retained; or
inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting Interest In the measure is as follows:
Vo'e
��&\4AG a S � -
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 813 - EFF. 112000 PAGE 2