HomeMy WebLinkAboutMinutes P&Z 091107I PLANNING, ZONING AND APPEALS BOARD
2 REGULAR MEETING
3 SEPTEMBER 11, 2007
4 MINUTES
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The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach
Gardens, Florida, was called to order by Craig Kunkle, Chair 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 KARA IRWIN, GROWTH MANAGEMENT ADMINISTRATOR
Kara Irwin, Growth Management Administrator, reported that the City Council approved:
• A text amendment for a pharmacy drive thru
• The Legends at the Gardens project
• The Monet Oaks project, now known as Village Square II.
APPROVAL OF MINUTES
Michael Panczak moved for approval of the minutes of the August 14, 2007 meeting. Douglas
Pennell seconded the motion, which 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
Douglas Pennell, Vice Chair
Barry Present
Randolph Hansen
Dennis Solomon
Michael Panczak
Jonathan Rubins
Joy Hecht, 1 st Alternate
Amir Kanel, 2nd Alternate
Craig Kunkle, Chair, and Randolph Hansen reported ex parte communication. Both met with
representatives for the Gander Mountain project.
All those intending to offer testimony in any of tonight's cases were sworn in.
PUBLIC WORKSHOP
ADMN- 07 -08- 000160: PGA National Park
A request by Todd Engle, on behalf of the City of Palm Beach Gardens, for an administrative
site plan amendment for the relocation and modification of existing facilities, renovation of
existing fields, and addition of new facilities to the existing park on the 36 -acre parcel located on
the north side of Northlake Boulevard and east of Ryder Cup Boulevard.
Planning, Zoning and Appeals Board Regular Meeting Page 1
09.11.07
1 Todd Engle, Construction Services Director, presented the proposed amendment.
2 Craig Kunkle, Chair, called for public comment.
3 • Edna Howland, Lexington Green, inquired about the location of extra parking. Mr. Engle
4 reviewed additional parking on the site plan.
5 e Tory Buckley, Daffodil Circle, commented the park would be very accessible to
6 everyone, provide multipurpose athletic fields, and be well -used.
7 • Charlotte Presensky, Recreation Director, indicated staff had worked closely with the
8 PGA National Property Owners Association. Traffic concerns were discussed.
9 s Staff was congratulated on a good job.
10
11 RECOMMENDATION TO CITY COUNCIL
12 Ex Parte Communication (Quasi- Judicial) (Public Hearing)
13 Petition PUDA- 07 -05- 000006: Seasons 52 Fresh Grille & Wine Bar PUD Amendment
14 A request by Cotleur & Hearing, Inc., agent for GMRI, Inc., for approval of an amendment to the
15 Seasons 52 Planned Unit Development (PUD) to allow a use change from an art gallery to
16 professional office, to amend conditions within Resolution 88, 2005, and to reallocate building
17 square footages. The 2.93 -acre site is located at the northwest corner of PGA Boulevard and
18 Ellison Wilson Road.
19
20 Donaldson Hearing, Cotleur & Hearing, presented the project on behalf of the applicant and
21 requested:
22 • Change from art gallery use to professional office use.
23 a Change the previous condition prohibiting outdoor music to be able to have soft music.
24 • Mr. Pennell and Mr. Rubins supported background music.
25 Other board members supported staff in retaining condition 13, which prohibited outdoor
26 music.
27
28 Craig Kunkle, Chair, declared the public hearing open. Hearing no comments from the public, he
29 declared the public hearing closed.
30
31 MOTION
32 Dennis Solomon made a motion to recommend to City Council approval of Petition PUDA -07-
33 05- 000006 with the change in use and not eliminating condition 13. Barry Present seconded the
34 motion. Motion failed, with Michael Panczak, Randolph Hansen, Douglas Pennell, and Jonathan
35 Rubins voting no; Mr. Solomon, and Mr. Present voted in favor of the motion; Craig Kunkle,
36 Chair, stated his vote was moot —the motion failed.
37
38 MOTION
39 Douglas Pennell made a motion to recommend to City Council approval of Petition PUDA -07 -
40 05- 000006 with the allowance of background music, striking condition 13. Jonathan Rubins
41 seconded the motion. Motion carried 5 -2, with Mr. Present and Mr. Solomon voting no.
42
43
Planning, Zoning and Appeals Board Regular Meeting Page 2
09.11.07
1 RECOMMENDATION TO CITY COUNCIL
2 City Initiated Request (Public Hearing)
3 Petition LDRA- 07 -05- 000015: Ordinance 24, 2007
4 An ordinance of the City Council of the City of Palm Beach Gardens, Florida related to
5 permitted uses in the General Commercial (CGI) "Permitted Uses, Minor, and Major
6 Conditional Uses, and Prohibited Uses" to allow ancillary boat, watercraft, and all- terrain vehicle
7 sales as a Major Conditional Use; providing for codification; and providing an effective date.
8
9 Donaldson Hearing, Cotleur & Hearing, presented the petition on behalf of Oppidan Investment
10 Company.
11 • The board expressed no problems.
12 • Craig Kunkle, Chair, declared the public hearing open.
13 • Carolyn Chaplik, Hudson Bay Drive, indicated she wanted to be sure all the boats were
14 kept inside the building.
15 • Hearing no further comments from the public, Craig Kunkle, Chair, declared the public
16 hearing closed.
17
18 MOTION
19 Michael Panczak made a motion to recommend to City Council approval of Petition LDRA -07-
20 05- 000015. Jonathan Rubins seconded the motion, which carried by unanimous 7 -0 vote.
21
22 RECOMMENDATION TO CITY COUNCIL
23 Ex Parte Communication (Quasi- Judicial) (Public Hearing)
24 Petition PPUD- 07- 05- 000014: Gander Mountain Retail
25 A request by Mr. Donaldson Hearing of Cotleur & Hearing, on behalf of KTJ Limited
26 Partnership 167, for approval of the Gander Mountain Retail Planned Unit Development (PUD)
27 to allow for the construction of a 120,000 - square -foot retail building on a 13.18 -acre site and
28 major conditional use approval to allow the ancillary sale of boats, watercraft, and all- terrain
29 vehicles. The proposed Gander Mountain PUD is located on the west side of Sandtree Drive,
30 immediately south of the Northlake Commons/Home Depot shopping center and immediately
31 north of the Sandtree Residential Development and Sandtree Office Development.
32
33 Donaldson Hearing presented the project on behalf of the applicant.
34 Craig Kunkle, Chair, declared the public hearing open.
35 • John Nehalco, Sandtree resident, indicated he liked the project, commenting it would
36 improve traffic in their development, but expressed concern regarding the school bus stop
37 location.
38 • Margie McGuire, Sandtree Drive, asked for assurance that traffic to the office building
39 would not go through the Sandtree development, which was confirmed by Donaldson
40 Hearing.
41 • Donna McDonald, registered agent for Sandtree Plaza, supported the project but wanted
42 Sandtree Plaza on a dual sign prior to signing paperwork.
43 • Virginia McDaniel, Sandtree Drive, expressed concern about the traffic through their
44 development, stated all the residents had not known about the proposed housing project a
45 couple of years ago, and stated that she was pleased with the project.
Planning, Zoning and Appeals Board Regular Meeting Page
09-11-07
1 • Julian Knight, Satellite Terrace, adjacent to Sandtree, felt the area where he lived would
2 be greatly impacted by more traffic.
3 • Denise Scarlett, Sandtree Drive, agreed with the traffic concerns expressed and stated the
4 monument sign did not work for that area.
5 • Scott Hinterlighter, Capital Realty Advisors, agents for the office parcel, advised they
6 were in favor of the project and were happy with their current entrance but understood
7 the residents' concerns, and stated the waivers for signage were vital to their support.
8 • Floyd Scarlett, Sandtree Drive, asked for clarification of the United Parcel Service (UPS)
9 route and the connective road, which were explained by Donaldson Hearing.
10 • Hearing no further comments from the public, Craig Kunkle, Chair, declared the public
11 hearing closed.
12 Following a short break, the meeting was reconvened. Comments from the board included:
13 • Concerns regarding configuration of the UPS loading area.
14 • Tag lines of brand names on the signage.
15 • Traffic.
16 • Trucks making deliveries.
17 • Positions on the proposed waivers.
18 • Craig Kunkle, Chair, summarized for the applicant that the majority of the board favored
19 waivers 1, 2, 3, 6, and 7; and not waivers 4 or 5.
20
21 MOTION
22 Douglas Pennell made a motion to recommend to City Council approval of Petition PPUD -07-
23 05- 000014: Gander Mountain Retail with waivers 1, 2, 3, 6 and 7, and not waivers 4 or 5. Dennis
24 Solomon seconded the motion, which carried by unanimous 7 -0 vote.
25
26 RECOMMENDATION TO CITY COUNCIL
27 Cif Initiated Request (Public Hearing)
28 Petition LDRA- 07 -08- 000017: Ordinance 29, 2007: Code Amendment to Section 78 -221 PGA
29 Boulevard Corridor Overlay
3o A City - initiated request for approval of a text amendment to Section 78 -221, PGA Boulevard
31 Corridor Overlay, Code of Ordinances. This City Code amendment provides for the revision to
32 the list of permitted and prohibited uses within the overlay to specify that nightclubs, bars, or
33 lounges are prohibited uses within the overlay.
34
35 Kara Irwin, Growth Management Administrator, presented the proposed text amendment.
36
37 • Martin Perry spoke representing the owner of Noche's. Mr. Perry requested he be
38 notified of any future consideration of this item.
39 • Comments from the board included that bars and nightclubs should not be prohibited for
40 quality restaurant operations, possibly grandfathering this client.
41 • Stipulation agreements to maintain 51 percent food service.
42 • Prior approval of this board being overturned would be grossly unfair to this client and
43 any changes to the law should be for future applications.
44 • Opportunity should exist to evaluate appropriateness of this type of use for specific
45 operations rather than just prohibiting this type of use.
Planning, Zoning and Appeals Board Regular Meeting Page
09-11-07
1 • There should be a different definition for operations with loud music and a different kind
2 of crowd. Ten to twelve years ago Clematis Street had only restaurants and there was
3 evolution.
4 • Craig Kunkle, Chair, asked if staff wished to withdraw this item.
5 • Kara Irwin explained staff's position, and asked for a recommendation.
6
7 MOTION
8 Dennis Solomon made a motion to recommend to City Council approval of Petition LDRA -07-
9 08- 000017 with the provision that the action this board took last time regarding Noche's be
10 allowed to proceed without regard to whether or not this was passed by City Council so that they
11 were not prejudiced by this. Barry Present seconded the motion. Motion failed 5 -2 with Jonathan
12 Rubins, Douglas Pennell, Randolph Hansen, Michael Panczak, and Craig Kunkle, Chair,
13 opposed; Dennis Solomon and Barry Present in favor.
14
15 MOTION
16 Jonathan Rubins made a motion to recommend to City Council that they not approve Petition
17 LDRA- 07 -08- 000017. Michael Panczak seconded the motion, which carried by 5 -2 vote with
18 Jonathan Rubins, Douglas Pennell, Randolph Hansen, Michael Panczak, and Craig Kunkle,
19 Chair in favor; Dennis Solomon and Barry Present opposed.
20
21 OLD BUSINESS
22 There was no old business to come before the board.
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24 NEW BUSINESS
25 There was no new business to come before the board.
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Planning, Zoning and Appeals Board Regular Meeting Page 5
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There being no fort
meeting will be held
APPROVED:
ADJOURNMENT
___ _ _ _.. The next regular
Amir Kanel
D b 'e Andrea, Public Information Coordinator
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of
the meeting. A verbatim audio record is available from the Office of the City Clerk.
49 All referenced attachments are on file in the City Clerk's office.
Planning, Zoning and Appeals Board Regular Meeting
09.11.07
Page 6