HomeMy WebLinkAboutMinutes P&Z 041100CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMIVIISSION
April 11, 2000
MINUTES
The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens,
Florida, was called to order by Chair Joel Channing at 6:30 P.M. in the Assembly Room at the Municipal
Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of
Allegiance to the Flag.
ITEMS BY GROWTH MANAGEMENT DIRECTOR
Principal Planner Jnn Norquest announced that former Planner Ed Tombari had rejoined the staff.
APPROVAL OF MINUTES
Mr. Kunkle made a motion to approve the March 14, 2000 meeting minutes as submitted. Mr. Present
seconded the motion, which carried by unanimous 5 -0 vote. Mr. Solomon abstained.
Mr. Solomon made a motion to approve the March 28, 2000 meeting minutes as submitted. Mr. Present
• seconded the motion, which carried by unanimous 5 -0 vote. Mr. Cruz abstained.
LOCAL PLANNING AGENCY
The roll was called by Betty Laur, Secretary for the meeting.
Present
Joel Channing, Chair
Craig Kunkle, Jr.
Dennis Solomon
Daniel Lee Cruz
Barry Present, Alternate
Ted Rauch, Alternate
Absent
John Nedvins, Vice Chair
John Glidden, Chair Pro Tem.
Also present at the meeting were City Attorney Leonard Rubin, and Principal Planners Steve Cramer and
James Norquest.
Public Hearing
Petition LU- 00 -02: Waterwag Cafe Land Use Change
Kevin McGinley, agent, is proposing a small -scale land use map amendment for the southerly 1.1
acres of the Waterway Cafe site. The subject property is currently designated with "Residential
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April 11, 2000
Medium" (RAP land use- The area is developed with a residenceloffice and parking for the
restaurant. The petitioner is requesting the subject property be changed to "Commercial" (C) land
use to reflect the primary use.
Chair Channing announced that a request to postpone this item had been received from the petitioner.
Chair Channing declared the Public Hearing open. Henry Emond, Jr., 23 Teach Road, expressed concern
that he had purchased this residence two weeks ago and had been told the zoning was residential for his
lot and the parking lot across from him, and objected to a two -story parking deck being constructed
across from his home. John Hooker, stated he represented John and Mary Hooker, 24 Teach Road,
reported conflicting information had been received as to whether this itemwould be discussed at tonight's
meeting and commented that his lot and that of Mr. Emond were in unincorporated Palm Beach County,
and asked the Board to be understanding ofthe effect the proposal would have on these residents. Kevin
McGinley, agent for the petitioner, explained postponement had been requested because of conflicting
information regarding whether this meeting would take place, and he planned to talk to the neighbors
outside and to hold a full meeting with all the neighbors. Mr. McGinley clarified that the only request
before the Board was for a change in land use and not to propose a project. Fred Grant, 11345 Avery,
commented he believed his position reflected the views of most of the people living further inland from
the canal in Pirate's Cove, and that of one particular homeowner who had built a $1.4 million residence
• and could not attend tonight's meeting, in opposing any major changes in the ambience of that area; and
expressed hope that resolution of Waterway Cafe's parking problem would not adversely affect property
values.
Mr. Kunkle commented that this request was only for a land use change with no indication of any project.
Mr. Norquest advised that the Board could ask the applicant to provide a conceptual site plan, which
although it was not required, would be helpful, and explained that the new code would allow concurrent
processing.
David Yew, 11387 East Teach Road, reported receipt ofnotice proposing conversion of a residential area
to commercial. Mr. Yew expressed opposition to changing the character of the area and losing the
existing seagrape tree.
Mr. Present advised Mr. McGinley that the Board would like to see what was proposed to be built, to
which Mr. McGinley responded he had attempted to bring in all five of the required applications at one
time but had been advised by staff that the only way they could process the request was to hear the
proposed land use change by itself, and the applicant would prefer to present everything at one time. Mr.
McGinley commented it might be prudent to delay the applications until the new code was in effect.
Discussion ensued. Mr. McGinley expressed willingness to provide a conceptual site plan for the May
9 meeting and his preference to decide at that meeting whether to delay until after the new code was in
effect in June.
• Robert Wood, 11456 Kid Lane, stated he was the closest neighbor, and reported prior bad relations with
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April 11, 2000
Waterway Cafe because of loud noise late at night and lack of response from the City of Palm Beach
Gardens Police, and problems with restaurant patrons parking on their street. Mr. Wood described
parking problems and expressed his opinion that the proposed parking garage would not be sufficient to
accommodate the parking. Mr. Wood recommended that Waterway Cafe be throttled back instead of
up and stated he was totally against any more Waterway Cafe.
Mr. Cruz commented there were concerns about noise and parking and the petitioner's presentation on
May 9 should address those issues. Mr. Cruz requested that an evaluation of the current parking
problem also be presented on May 9. Mr. Cruz stated that the land use change must stand on its own,
and the Board must apply the criteria for land use changes in making their decision. Mr. Cramer advised
that there were criteria for approving land use petitions; however, land use approvals could not be
conditioned, so any conditions regarding noise, buffering, etc. would need to be made to the PUD
approval.
Mr. Cruz made a motion to continue the Public Hearing for Petition LU- 00-02, Waterway Cafe
Land Use Change, to May 9, 2000. Mr. Present seconded the motion, which carried by unanimous
6-0 vote.
BOARD OF ZONING APPEALS
The roll was called by Betty Laur, Secretary for the meeting.
Present
Joel Channing, Chair
Craig Kunkle, Jr.
Dennis Solomon
Daniel Lee Cruz
Barry Present, Alternate
Ted Rauch, Alternate
Absent
John Nedvins, Vice Chair
John Glidden, Chair Pro Tem
Public Hearin
Petition WAV- 00 -01- Utility Trailer Waiver for 424 Riverside Drive
Mr. Steve Greenberg, as the owner of residential property at 424 Riverside Drive, is requesting a
waiver from the parking and storage requirements in Division 3, Section 118.506 through 118.513,
of the City Code to permit the parking of a utility trailer on the driveway in a front yard setback area
Principal Planner Tim Norquest reviewed the staffreport, which recommended denial ofthe petition, and
presented color photographs ofthe utility trailer on Mr. Greenberg's property. The Board discussed the
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April 11, 2000
the items depicted in the photographs, including the location of the slab, overhanging tree limbs,
measurements of the slab and side setbacks, and width of the garage.
Mr. Steve Greenberg, petitioner, advised that the trunk ofthe tree, which was on his neighbor's property,
would have to be eliminated rather than just trimming overhanging limbs, and stated that the
measurements in the staff report were incorrect, since where the slab ended there was only 6 -7 feet, not
12 feet. Mr. Greenberg advised he had a doctor's certification that he was physically unable to hand push
the trailer into the garage, and since he only had sight in one eye he was unable to guide it in since there
was less than 6" on each side. Mr. Greenberg reported he had rented a storage shed to store the trailer,
however, was unable to push it over the 2" lip ofthe shed to get it inside and there was not enough room
to back it in with his truck. Chair Channing discussed the dimensions of the trailer and the property
setbacks as shown on the drawing provided. Mr. Solomon discussed the setbacks shown on the plot plan,
which had not been supplied by the petitioner. Mr. Greenberg advised he had a note from his doctor
stating he could not push heavy objects and the trailer weighed approximately 1,000 pounds. Discussion
ensued and the setback measurements were re- figured as 6' on each side rather than 6' on one side and
12' on the other as shown on the plot plan. Mr. Greenberg was asked whether he had discussed cutting
tree limbs with his neighbor, to which the response was there was no problem with trimming the limbs
but that would not solve the problem, and if he trimmed the branches half of his neighbor's tree would
• be gone. Mr. Cruz read the criteria for granting a waiver, which Mr. Norquest advised had been included
in the packets. The City Attorney advised that in this case as a basis for approval the Board must find
that the requested parking or storage of the subject vehicle must (1) be consistent with the general
character ofthe neighborhood considering population, density, intensity, and character of activity, and
traffic and parking conditions; and (2) not be a detriment to the use, enjoyment, economic value, or
development of surrounding properties or the general neighborhood. Mr. Cruz advised Mr. Greenberg
that the Board must follow very specific criteria in order to grant the requested waiver, and he believed
the criteria had not been met. Mr. Cruz stated he was sympathetic to Mr. Greenberg's hardships;
however, the issue was with the property, and discussed alternatives available such as getting a trailer that
would fit into the garage. Mr. Greenberg responded that another trailer would not be feasible since it
would be too expensive, that he had parked a trailer in his driveway for 27 years with no problems, he
did not feel it was a deterrent to the neighborhood since some other people had trailers and no one had
ever said anything about his trailer. Mr. Greenberg explained that he used the trailer for equipment for
his lawn maintenance business. Mr. Norquest verified that the option of parking in the rear of the
property was not available, and stated the City presently had no other similar code citations in this
neighborhood. Mr. Solomon commented he did not believe the applicant had met the criteria for the
variance requested and that even though the Board was sympathetic it was not fair to the other neighbors,
rules must be followed, and there were other alternatives. Mr. Solomon stated he was in favor ofthe staff
recommendation.
Mr. Solomon made a motion to approve the staff recommendation to deny petition WAV- 00-01.
Motion was seconded by Mr. Cruz. During discussion of the motion, Mr. Greenberg's son, Al
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Greenberg, explained that Mr. Greenberg was planning to retire in six months due to cancer, and
requested that the Board consider giving him an extension since the trailer and the equipment
would be gone by then, any other alternative would be a real hardship, and the neighbors had not
complained about the trailer. Mr. Cruz commented that the City performed its own code
enforcement and must do so by vigilance, that although there was sympathy the criteria had not
been met, and suggested Mr. Greenberg look at other storage options for his trailer. Mr. Al
Greenberg responded he understood vigilance but sometimes there was a way to step outside a
situation and six months was not that much time. Mr. Rauch questioned whether there had been
any complaints from the neighbors, to which Mr. Norquest responded he did not know how this
case came to code enforcement. Chair Channing questioned whether the Board could give Mr.
Greenberg six months to remove the trailer. City Attorney Rosenthal advised that any time
extension would be up to the Code Enforcement Board. Mr. Kunkle questioned whether the
Board could condition their finding with a removal deadline, to which the City Attorney
responded there was no provision in the code to add conditions. Mr. Cruz questioned whether
the Board could postpone this petition. Mr. Present suggested that the Board needed to postpone
to gather more information. Chair Charming commented the sentiment of the Board was that six
months was reasonable; however, if the Board did not vote to deny they would be making a
mockery of their duty. Mr. Cramer commented that the Code Enforcement Board could grant
• a time extension. Chair Channing stated he would be willing to go to the Code Enforcement
Board to make a recommendation. The City Attorney advised that he could do so as a citizen but
not as a member of this Board. Discussion ensued regarding amending the motion to request staff
to make the sentiments of the Board known to the Code Enforcement Board. The City Attorney
advised that would not be proper. Mr. Solomon stated he would stand on his motion; Mr. Cruz
seconded. Motion carried by unanimous vote.
Chair Charming explained to Mr. Greenberg that the request had been denied but that the petitioner had
the right to go to the Code Enforcement Board, and Chair Channing stated he would personally appear
before the Code Enforcement Board because the Board felt the request for a six -month extension was
reasonable in a human way but must follow the strict rules for granting variances.
PLANNING AND ZONING COMMISSION
The roll was called by Betty Laur, Secretary for the meeting.
Present Absent
Joel Channing, Chair John Nedvins, Vice Chair
Craig Kunkle, Jr. John Glidden, Chair Pro Tem
• Dennis Solomon
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April 11, 2000
Daniel Lee Cruz
Barry Present, Alternate
Ted Rauch, Alternate
Recommendation to City Council
Petition MISC- 00 -04: BellSouth Wall Sign
Rod A. Feiner, Esquire, agent for BellSouth, is requesting miscellaneous approval for a wall sign on
the telephone utility /switching station. The site is located on the south side of RCA Boulevard,
approximately 0.2 miles east of the intersection of RCA Boulevard and Alternate AIA. (7- 42S -43E)
Principal Planner Tim Norquest presented the petition. Rod A. Feiner, Attorney with Brady & Coker,
was present representing the petitioner.
Mr. Kunkle made a motion to recommend to City Council approval of Petition MISC -00-04 as
submitted. Mr. Cruz seconded the motion, which carried by unanimous 6-0 vote.
OLD BUSINESS
• Mr. Solomon questioned the status of the study on school concurrency. Mr. Cramer responded that
the study was approximately 3/4 finished, and would be submitted to the Board when complete. It was
reported that the City Council of the City of West Palm Beach had met and overturned their decision
regarding school concurrency. It was not known whether this issue had been considered by any other
municipalities, or by DCA. Mr. Cruz reported that the Director in charge of school district construction
was leaving. Mr. Cramer advised that a consultant and School District representative would be appearing
before this Board.
NEW BUSINESS
There was no new business to come before the Commission.
ITEMS BY CITY COUNCIL LIAISON
There were no items by the City Council Liaison.
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ADJOURNMENT
There being no further business, the meeting was adjourned at 7:37 p.m. The next regular meeting will
be held April 25, 2000.
APPROVED:
Absent
John Glidden, Chair Pro Tem
• Dennis Solomon
betty Laur
Secretary for the Meeting
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