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HomeMy WebLinkAboutMinutes P&Z 032800CITY OF PALM BEACH GARDENS • PLANNING AND ZONING COMMISSION March 28, 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 Charming at 6:30 P.M. in the Assembly Room at the Municipal Complex, 10500 North Military Trail, Pahn Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ITEMS BY GROWTH MANAGEMENT DIRECTOR There were no items by the Growth Management Director. APPROVAL OF MINUTES Mr. Solomon made a motion to approve the March 7, 2000 meeting minutes as submitted. Mr. Cruz seconded the motion, which carried by unanimous 5 -0 vote. BOARD OF ZONING APPEALS • The roll was called by Jacide Holloman, Secretary for the meeting. Present Joel Channing, Chair Craig Kunkle, Jr. Dennis Solomon Daniel Lee Cruz Barry Present, Alternate Absent John Nedvins, Vice Chair John Glidden, Chair Pro Tern Ted Rauch, Alternate Also present at the meeting were City Attorney Leonard Rubin, Senior Planner Talal Benothman, Principal Planners Steve Cramer and James Norquest, Planner I John Lindgren, and Planner Debra Northsea. Public Hearing (Continued) Petition VAR - 00-04: Variance Request for 13 79 7 LeHavre Drive in Frenchman's Creek Mr. Joseph Black, of Omega Builders and as agent for Mr. and Mrs. Howard First, is requesting a variance from Section 118-200 (G)(1) of the City Code of Ordinances to reduce the required front building setback from 25 feet to 22.5 feet. Planner Debra Northsea reviewed the staff report and recommended denial of the petition based on the • Planning & Zoning Commission Minutes • March 28, 2000 • • fact she did not consider the request a hardship. City Attorney Rubin reviewed Section 118.49 which contained the criteria to be used as a basis for approval Kathleen O'Brien, Frenchman's Creek Homeowners Association committee member, explained that this property was very different because the lot was located on a curve of the road, which was not the fault of the owner, and many other similar additions had been approved by the HOA in recent years. Discussion ensued. Brian McCaren, McCaren Associates, spoke on behalf of the petitioner, explained the setback circumstances, and advised that the intent of the project was to gain two bedrooms on the second floor. Ms. O'Brien stated her belief that this was in harmony with the community. Joe Black stated this was consistent with five other additions he had done in the development which were not on a curve. Mr. Cruz explained his opinion that this was not a hardship and suggested resolving the problem from an architectural standpoint. Mr. Solomon, Mr. Present, and Mr. Kunkle stated they were in favor of the proposal Motion was made by Mr. Kunkle to approve Petition VAR - 00-04. Mr. Solomon seconded the motion, which carried by 4-1 vote, with Mr. Cruz opposed. PLANNING AND ZONING COMMISSION The roll was called by Jackie Holloman, Secretary for the meeting. Present Joel Channing, Chair Craig Kunkle, Jr. Dennis Solomon Daniel Lee Cruz Barry Present, Alternate Absent John Nedvins, Vice Chair John Glidden, Chair Pro Tent Ted Rauch, Alternate Workshop Petition CiI- 99-03: Nativity Lutheran Adult Day Care The Alzheimer's Community Care Association of Palm Beach & Martin County, Ina, agent for Nativity Lutheran Church, Ina, is requesting conditional use approval for an adult day careprogram that will operate in an existing building on the Nativity Lutheran Church and School site- The adult day care program will include the care of 24Alzheimer's patients on a daily basis, and will occupy 1,125 square feet within the building that was previously known as the "Fellowship Hall, " The site 2 Planning & Zoning Commission Minutes • March 28, 2000 is located at the northwest corner of Holly Drive and Plant Drive 02- 42S -42E) Planner I John Lindgren reviewed the staff report and answered questions from the Commission. Mary Barnes and Mark Corvette were present as representatives of The Alzheimer's Community Care Association of Palm Beach & Martin County, Inc., agent for the petitioner. Ms. Barnes explained that this would be the seventh day care center opened by the Association and described the other locations. Ms. Barnes commented the Association was not for profit and was an approved United Way agency. Mr. Present complimented Ms. Barnes and Mr. Corvette on their organization's work Ms. Barnes explained that this entity operated the other six locations, that liability insurance was required, that there were no live -in situations, and that the patients would come from Palm Beach Gardens. Mr. Corvette explained that anyone suspected of having Alzheimer's or a related disease could attend, that there had been no problems in any neighborhoods where these centers were located, that handicap accessible modifications would be made, and that supervised activities would be held in the adjacent park. Ms. Barnes explained that the day care might utilize the church's multipurpose room if it should become available in the future. Direction to staff was to schedule this petition for public hearing. Public Hearing • Petition TXT- 99 -11: Land Development Regulations A request by City staff to adopt revised land development regulation& Principal Planner Steve Cramer introduced the petition. Marty Hodgkins reviewed three memos, the first of which covered changes discussed at the March 14 public hearing for this item, including allowed and prohibited waivers to PUD standards, and single entity retail use guidelines. Discussion ensued as to whether the guidelines were too detailed. Mr. Cramer explained that the wording would give staff something with teeth to negotiate architecture for new buildings. Mr. Charming explained he would prefer that big box buildings be required to come in for a variance. Mr. Hodgkins reviewed changes to parking space sizes. Discussion ensued. Mr. Hodgkins was requested to include a requirement for double or wide striping for nine foot and nine and one -half foot spaces. Mr. Hodgkins noted that if extra parking spaces were desired in a development that extra open space would be required. Following discussion of this item, it was noted that a waiver was required for anything over 10 %. Mr. Hodgkins reported roofs were not required for drive - through facilities. The second memo was titled `Revisions to Land Development Regulations" and summarized major changes to the code, including adult uses Discussion ensued. Comments were that the language was felt to be too liberal, litigation concerns, and the need for discussion with the attorney. Plans for a meeting with the attorney were discussed. Mr. Hodgkins commented that research was continuing on churches and this item would be brought back to the Commission if further changes were needed. Mr. Cruz requested changes to Section 246(x) not to change the intent but to indicate not detrimental to the 0 3 • • • Planning & Zoning Commission Minutes March 28, 2000 community or neighborhoods affected, to which staff agreed. Chair Channing invited comments from the public. Hearing no comments from the public, Chair Charming declared the public hearing closed. Mr. Hodgkins reported responses to Henry Skokowski's comments. The Commission was agreeable to the proposed changes regarding loading spaces and on- street parking. Following comments regarding adult uses, Mr. Hodgkins advised that he would note that the Commission wished to be more fully advised of the status before making a recommendation on this issue. Mr. Solomon made a motion to approve Petition TXT -99 -11 as last submitted and discussed with the exception of the entire section on adult entertainment and sale of materials and adult establishments. Mr. Kunkle seconded the motion, which carried by unanimous 5-0 vote. LAND DEVELOPMENT REGULATIONS COMMISSION The roll was called by Jackie Holloman, Secretary for the meeting. Present Joel Charing, Chair John Glidden, Chair Pro Tern - arrived at 8 p.m. Craig Kunkle, Jr. Dennis Solomon Daniel Lee Cruz Barry Present, Alternate Absent John Nedvins, Vice Chair Ted Rauch, Alternate Determination that the proposed Code revisions in Petition TA-F-99-11 are consistent with the Comprehensive Plan Senior Planner Talal Benothman reviewed the staff report. City Attorney Len Rubin advised that it was not necessary to make the same exception regarding adult uses since the objections were not inconsistent with the Comprehensive Plan. Discussion ensued. John Glidden arrived during the discussion at 8 p.m. VP Planning & Zoning Commission Minutes • March 28, 2000 It was noted that there was nothing to keep the Commission from going back and making technical changes after a determination of being consistent with the Comprehensive Plan had been made. Mr. Kunkle made a motion that the proposed Code revisions in Petition TXT -99 -11 are consistent with the Comprehensive Plan. Mr. Solomon seconded the motion, which carried by unanimous 5-0 vote, with Mr. Glidden abstaining. OLD BUSINESS There was no old business to come before the Commission. NEW BUSINESS Mr. Cruz questioned the effect of the Mayor of West Palm Beach's veto of school concurrency. It was noted that all cities not exempted had to approve in order for concurrency to be effective, and that the report from the City's consultant was due in April. • ITEMS BY CITY COUNCIL LIAISON There were no items by the City Council Liaison. • 5 Planning & Zoning Commission Minutes • March 28, 2000 ADJOURNMENT There being no further business, the meeting was adjourned at 8:10 p.m. The next regular meeting will be held April 11, 2000. APPROVED: • (Absent) John Nedvins, Vice Chair T 1. -1 - 1 1 - • w T (Absent) Ted Rauch, Alternate x �J2�/ Barry Present, a ate JaAdv Iceman, Planning Technician %ecr ary for the Meeting • 2