HomeMy WebLinkAboutAgenda P&Z 111008AGENDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
MONDAY, NOVEMBER 10,2008 AT 6:30 P.M.
COUNCIL CHAMBERS
0 CALLTOORDER
0 PLEDGE OF ALLEGIANCE
ROLLCALL
0
0 APPROVAL OF MINUTES:
REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN
PLANNING, ZONING AND APPEALS BOARD
Regular Members: Alternates:
Craig Kunkle (Chair)
Douglas Pennell (Vice Chair)
Bany Present
Randolph Hansen
Michael Panczak
Joy Hecht
Amir Kanel
Donald Krzan (1' Alt.)
Joanne Koerner (2nd Alt.)
Planning, Zoning and Appeals Board
November 10,2008
1. Public Workshop:
ANNX-07-08-000002: Frenchman’s Crossing Annexation
Petition to the City of Palm Beach Gardens, Florida regarding the project known as
Frenchman’s Crossing, generally located on the northwest corner of Hood Road and
Alternate AlA, proposing to annex the property from unincorporated Palm Beach County
into the City of Palm Beach Gardens.
CPMA-07-08-000007: Frenchman’s Crossing Comprehensive Plan Map
Amendment
Petition to the City of Palm Beach Gardens, Florida regarding the project known as
Frenchman’s Crossing, generally located on the northwest corner of Hood Road and
Alternate A1 A, proposing a comprehensive plan map amendment to amend the existing
Palm Beach County Medium Residential 5 (MR-5) land use to Palm Beach Gardens
Commercial (C) land use.
PPUD-07-08-000018: Frenchman’s Crossing PUD
Petition to the City of Palm Beach Gardens, Florida regarding the Frenchman’s Crossing
Planned Unit Development, generally located on the northwest corner of Hood Road and
Alternate A1 A, including site plan and rezoning petitions to allow the construction of a
commercial development consisting of +/-62,200 square feet of retail space.
Project Manager Stephen Mayer, Senior Planner smavdnbd.com (7994217)
Final Action:
Ex Parte Communication (Public Hearing)
PVAR-08-07-000006 Consideration of Approval:
A request by Maureen Barber, tenant and applicant, on behalf of Beatriz Escobar, owner,
for the following two variances:
A variance from Section 78-316 (j), of the City Code and the Evergrene Planned
Community District (PCD) Parcel 8 development order, Resolution 201,2002, which
requires a ten (1 0) foot minimum separation between structures and a preserve area.
The petitioner is requesting a variance of ten (10) feet to allow a four (4) foot tall
fence at the rear property line, which is adjacent to an existing preserve and requires a
ten (10) foot setback; and
A variance from the Evergrene Planned Community District (PCD) Parcel 8
development order, Resolution 201, 2002, which requires a six (6) foot clear zone in
the side yard. The petitioner is requesting a variance of six (6) feet to allow a four (4)
foot tall fence at the side property line, which requires a six (6) foot setback from the
side property line.
2.
The Evergrene PCD is located south of Donald Ross Road, between North Military Trail
and Alternate AlA.
Project Manager: Kara Irwin, Growth Management Administrator kirwin&bgfl.com (7994243)
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Planning, Zoning and Appeals Board
November 10,2008
Recommendation to City Council:
Ex Parte Communication (Public Hearingj
Ordinance 30,2008: Amendment to the Land Development Regulations Relating to
an Appeals Process
A City-initiated request to amend the Palm Beach Gardens Land Development
Regulations to revise and clarify the administrative appeals process under certain
circumstances
3.
LDRA-OS-11-000019:
Pxuject Manager: Kara Irwin, Growth Management Administrator kirwin@ubd.com (799-4243)
4. OLD BUSINESS
5. NEW BUSINESS
6. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to
participate in this proceeding should contact the City Clerk's Ofice, no later than five days prior to the proceeding, at telephone number (561)
799-4120for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 PD) or (800) 955-8770 (VOICE),
for assistance. Ifa person decides to appeal any decision made by the Planning, Zoning and Appeals Board, Local Planning Agency, or Land
Development Regulations Commission, with respect to any matter considered at such meeting or hearing, they will need a record of the
proceedings; and for such, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. Exact legal description and/or survey for the cases may be obtainedfrom the files in the Growth
Management Department.
CO~~O~PZ agenda 11-10-2008.d0~
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO:
DATE: November 4,2008
FROM:
SUBJECT:
Planning, Zoning, and Appeals Board Members
Stephen Mayer, Sr. Planner S’M
Frenchman’s Crossing PUD Public Workshop
Petition: PPUD-07-08-000018
ANNX-07-08-000002
CPMA-07-08-000007
I cc: Kara Irwin, AICP, Growth Management Administrator
Please be advised that there is no staff report associated with the above-referenced
petition for the public workshop. This petition will be presented by the applicant at the
November 10,2008, PZAB meeting (please see attachments).
ANNX-07-08-000002 - Staff has no comments at this time
CPMA-07-08-000007 - Staff has no comments at this time
PPUD-07-08-000018 - Staff has the following concern:
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In staffs professional opinion, a direct pedestrian connection to the Publix and retail
plaza would be beneficial to the residents of the Evergene community. Pedestrian
Connectivity is recommended as an integral design element of the proposed commercial
plaza. Upon staffs suggestion, the applicant approached the Evergrene residential
community in regards to providing direct pedestrian connection to the proposed uses
(Publix and retail plaza). The Evergrene community HOA issued a letter that does not
support pedestrian connectivity due to security issues.
Although the HOA cannot envision a connection at this time, considering a pedestrian
connection at the planning phase will ensure the Evergrene community the opportunity to
connect to the commercial plaza in the future. Staff recommends that the applicant
provide a future connection through a secure gate and sidewalk. Staff suggests the
applicant provides one of the following alternatives to offer a pedestrian linkage:
0 Provide a design that includes a gate and sidewalk to be bonded by the applicant
at the time of the Certificate of Occupancy (CO) and considered by the Evergrene
community HOA within two years of the CO .
Dedicate a pedestrian cross access agreement on the plat and label the location of
a future gate and sidewalk on the site plan.
0
0 In the event that the HOA agrees to the secured access, the appIicant shall provide
a pedestrian connection up to the property line and dedicate a cross access
agreement on the plat within two years of the approval. The Evergrene
community would be required to build their portion of the connection on
Evergrene community property.
Staff will be present to answer any questions that the PZAB may have. Please contact me
at 799-4217 if you have any questions or require additional information.
LAND
~ESIGN - SOUTH
Planning
Landscape Architecture
Environmental Services
Transportation
561-478-8501 FAX 561-478-5012 2101 Centrepark West Drive, Suite 100, West Palm Beach, Florida 33409
Justification Statement
Frenchman’s Crossing
Request for Annexation into the City of Palm Beach Gardens,
Comprehensive Plan Amendment, Rezoning, Site Plan Review and Concurrency Certification
Submitted August 20,2007
Resubmitted December 21 , 2007
Resubmitted February 08,2008
Resubmitted August 27,2008
Resubmitted October 22, 2008
Nature of the Request .
The purpose of this application is to make the following request:
0 Annexation of the project site into the City of Palm Beach Gardens.
0 A Comprehensive Plan / Future Land Use amendment designating the site as Commercial.
0 A rezoning to assign the property General Commercial (CG-1) zoning designation.
0 Site Plan Review
0 Concurrency Certification
Property History & Site Characteristics
The 10.00-acre subject property is located at the northwest corner of Hood Road and Alternate A-I-A.
The subject property is currently located within unincorporated Palm Beach County and is surrounded
on all four sides by the City of Palm Beach Gardens. The subject property currently retains a Palm
Beach County Zoning designation of Agricultural ResidentiaVSpecial Exception (ARISE) and a Future
Land Use designation of Medium Residential-5 (MR-5). The site is currently occupied by a
campground/RV facility as allowed per special exception granted by Palm Beach County on April 4,
1978.
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Nature of Proposed Project
The proposed project is a redevelopment project that seeks to enhance the value of the site to the City
of Palm Beach Gardens and the surrounding residents. The site is an enclave, surrounded by the City
on all sides. The result is that the site impacts the City’s infrastructure yet remains outside of its control.
This isolated condition is generally undesirable. This application seeks to resolve this condition through
the annexation of the site.
Currently, the RV Park located on the site is an inefficient use, creating a generally transient nature and
lacking the site amenities generally called for within the City’s Zoning Code and comprehensive P!an.
In an effort to meet the needs of the surrounding community the applicant is proposing to redevelop the
property as a commercial use that will provide a variety of neighborhood serving uses to the
surrounding community. The site plan accompanying this application has been designed to
accommodate a Supermarket as well as general retail uses.
Land Use/Comdiance and Zonina Designations
The 10.00-acre subject property is located at the northwest corner of Alternate AI A & Hood Road. The
current zoning designation is Agricultural Residential/Special Exception (AWSE). The proposed zoning
designation of General Commercial (CG-1 ) is consistent with the proposed Cpmpwbmsiw~7n&aiu~
Land Use designation of Commercial (C). r .. :&,J i,”” @e&--? 1L e
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To the north and west of the subject property is Evergrene PUD, which retains a zoning designation of
Planned Community District Overlay (PCD) and a Future Land Use designation of Residential Medium
(RM). The proposed development will be designed in such a manner that it will be consistent with the
character of the adjacent development.
To the south on the opposite side of Hood Road is the Seacoast Utility Authority Water Treatment
Plant, which has a zoning designation of Public/lnstitutional (PA) and a Future Land Use designation of
Public (P). The required parkway buffer on the south side of the subject property coupled with the
Hood Road right-of-way will allow for a development that is adequately buffered from the water
treatment plant.
To the east of the subject property on the opposite side of Alternate A-1-A is Frenchmen’s Reserve
PUD, which has a zoning designation of Planned Development Area (PDA) and a Future Land Use
designation of Residential Low (RL). The proposed development will be designed in such a manner
that it will be consistent with the character of the adjacent development.
Access
The sole vehicular ingresdegress for the subject site will be at the southwest corner of the subject site,
along Hood Road. The existing median cut will allow for a left-turn entrance only into the site, A right
turn lane ingress lane has also been provided on the plan.
An 12’ wide pedestrian pathway is located within the 55’ corridor buffer along Hood Road. Pedestrian
paths exist throughout the site linking proposed uses. Bicycle parking is appropriately located
throughout the site to encourage non-motorized utilization of the site.
Vehicular Parkinq
The proposed vehicular parking for the site is appropriately dispersed throughout the site. The Site
Plan submitted with this application provides a breakdown of required and provided vehicular parking
for the commercial uses. The proposed site plan meets all parking requirements.
Bicvcle Parkinq
The Site Plan for the parcel provides a breakdown of required and provided bicycle parking for the
commercial uses. The proposed development satisfies the required number of bicycle parking spaces.
Impact on Surroundinu ProDerties
The development program for this site is intended to provide needed services to the surrounding
neighborhoods. The layout of the site is intended to eliminate any negative impact on the adjacent
properties. In addition to the buffering that exists on the neighboring parcels, the site provides internal
buffers on all sides.
A 55-foot parkway buffer is provided, as required, along Hood Road to further the intent of the City’s
Parkway Overlay District. The northern and western boundaries of the subject site meet code buffering
requirements by providing a 15 foot. Additionally, these buffers inc!ude 8 6’ high opaque wall on top of a
2’ berm to further enhance the buffer screening as requested by Staff. The eastern border of the site
provides a 20-foot landscape buffer. Adjacent to this buffer is the EPB-3 canal, with a minimum 100’
easement which runs the length of the eastern property line.
Land Development Regulations
The stated intent of the Palm Beach Gardens Land Development Regulations are to: “Guide and
encourage the orderly and beneficial development of future growth and development consistent with
the City’s Comprehensive Plan.” By annexing the subject property, the City will be able to insure that
the property will adhere to this goal. The City’s Land Development Regulations also require the City to
“Protect and enhance the aesthetics and character of all parts of the city”, and “Protect and conserve
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Frenchman’s Crossing Page 2 of 6 August 27,2008
the value of land, buildings and improvements and minimize conflicts among uses of land and
buildings.” The quality and design of the project will greatly enhance the aesthetics of this
neighborhood. The opportunities and uses provided, combined with the quality and nature of the
development, will result in overall project which will serve as an asset to the surrounding community.
Parkwav Overlav District
The Palm Beach Gardens Parkway Overlay District was created to accomplish a variety of objectives.
These objectives include: preserve the urban beauty though landscape requirements, provide
residents with a safe and aesthetic multiuse pathway system, and provide a buffer between designated
roadways and the adjacent development.
The proposed project will assist the City in achieving these goals. The site plan features a 55-fOOt
corridor buffer along the property’s Hood Road frontage. This buffer will include substantial
landscaping throughout, a multi-use pathway that links the subject property to adjacent uses, and a
location for public art.
Art in Public Places
The City of Palm Beach Gardens Chapter 78-261 of the Land Development Regulations details the
creation of an Arts Advisory board and the requirements for new developments to provide art in public
places. The proposed site plan has reserved a prominent position within the 55’ corridor buffer to site
the public artwork. The developer will coordinate with the City to assure that the requirements for the
purchase and maintenance of the public art is met.
a. Visibility: The proposed public art location will be visible to both internal and external pedestrian
and vehicular traffic.
b. Planning Integration: Again, all public art locations are highly visible and serve as integral
components of the proposed development.
c. Landscape Integration: All landscape has been designed to complement the proposed art
location and will be further refined upon the final selection of pieces.
d. Lighting: All proposed public art will be tastefully lit in an unobtrusive manner.
LandscaDinq
Included with this submittal are Landscape Plans that detail the perimeter landscape buffers, parkway
corridor enhancements, entry and signage, and streetscape. The required landscape points are based
on a definition of open space that includes perimeter buffers and pervious landscape area between
structures. The proposed landscaping is consistent with similar planned developments in terms of
selected plant material and proposed sizes at the time of installation.
Liahting
A Photometric Plan has been included with this submittal.
. Drainage
Drainage for the subject property wilt be handled through a series of inlets and culverts that outfall into
the adjacent canal on the eastern side of the property.
Sianage
All proposed signage will be consistent with the proposed architecture in terms of material, finish, and
color. Final location of all proposed traffic signage shall be established by the Engineer of Record.
Requested Waivers
The following table provides a breakdown of requested waivers. Per LDR Section 78-154, a
development with a PUD overlay may request waivers from specified property development regulations
in an effort to encourage creative and innovative design.
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Frenchman’s Crossing ’ Page 3 of 6 August 27,2008
DEVELOPMENT
REGULATION
1 I FlatMlall Signs for Principal Structure
or PrincipalTenant
LDR Sec. 78-285 Table 24:
Permanent Signs
LDR Sec. 78-344 (Figure 15)
2 Wheel Stops
3 FlatMlall Signs for Ground Floor
Users
LDR Sec. 78-285 Table 24:
Permanent Signs
PROPOSED
STANDARD
Three (3) FlaVWall
Signs for the
Principal Structure
No wheel stops to be
provided for all non-
curbed parking
spaces
Two (2) flatlwall signs
per tenant space or
bay
REQUIRED
STANDARD
One (1 ) flavwall sign
per tenant space or
bay
One wheel stop to be
provided for all non-
parallel parking
spaces
One (1 ) flatlwall sign
per tenant space or
bay
D EVI AT t 0 N
Increase of two (2)
flatlwall signs for the
principal structure
(Waiver request)
Waiver request from
wheel stop
requirement
Increase of one (I)
flatlwall sign per
tenant space or bay
(waiver request)
Waiver Request #?:
The Petitioner is requesting a Waiver from LDR Sec. 78-285 Table 24: Permanent Signs, this section
permits one flatlwall sign for Principal Structures or Principal Tenant Space. The applicant is proposing
three flat wall signs for Building A which will be the Principal Tenant. Due to the unique configuration
of the site, Building A will have frontage on Alternate AIA to the east, but its primary entrance will be
located interior to the site on the west faqade of the building. Due to this unique configuration, the
applicant is requesting an increase in flat wall signs to assist in identification of the building. The
primary entrance on the west faqade will be provided with the dominant flat wall sign. The signs located
on the south and east facades will be of a smaller scale, to provide identification of the building from the
adjacent right of way as well as from the interior of the site.
.Waiver Request #2:
The petitioner is requesting a Waiver from LDR Sec. 78-344 (Figure 15) which requires one wheel stop
for all non-parallel parking spaces. The applicant is requesting a waiver from this requirement for all
non-curbed parking spaces. For all parking stalls, the applicant has provided the required parking stall
depth and width, but is requesting a waiver from providing wheel stops for the non-curbed parking
spaces due to nature of the proposed use. Given the typical patterns of pedestrian movement
throughout the proposed parking areas and the use of stamped concreteldecorative pavement in front
of the Publix Building, the applicant feels that the inclusion of wheel stops in these parking spaces
could result in a potential tripping hazard. As such the applicant is requesting a waiver from the
requirement.
Waiver Request #3:
The Petitioner is requesting a Waiver from LDR Sec. 78-285 Table 24: Permanent Signs, this section
permits one (1) flatlwall sign per tenant space or bay. As the applicant is proposing tenant space which
will have dual access from the north and south of the building, the applicant is requesting two (2)
flatlwall signs per tenant space or bay. The applicant is proposing that the first sign will be located on
the north faGade of the tenant spaces on the interior of the site, while the second sign will be located on
the south facade, adjacent to Hood Road. The proposed increase in tenant signage has been
requested to assist in identification of the tenant space from the interior and exterior of the site.
Compliance with the City’s Comprehensive Plan
The proposed project will further the goals of the city to improve the quality of life of all of its residents.
The site will comply with the City’s Comprehensive Plan and will meet or exceed the performance
requirements defined by the Comprehensive Plan.
Future Land Use Element
The Palm Beach Gardens Comprehensive Plan states the following criteria for sites designated as
Commercial developments:
Page 4 of 6 August 27,2008 Frenchman’s Crossing
The C designation is intended to accommodate a wide range of retail and general commercial
uses. It is a site-specific designation that depicts existing commercial uses and proposed future
commercial areas at primary intersections.. . . Commercial land use activities will be limited in
intensity to a maximum lot coverage of 35% of the site and a maximum building height of 50
feet. The land development regulations may further restrict intensities.
The proposed development provides a range of commercial uses and is located at a primary
intersection. In addition, the proposed development complies with the maximum lot coverage and
building height requirements.
Preservation of Natural Resources
The site is currently sparsely vegetated. The majority of the site is utilized for improvements related to
the existing RV Park. As noted in the Environmental Assessment the existing vegetation is scattered
throughout the site and does not feature any existing habitats. The proposed site plan features open
space as well as a heavily landscaped corridor buffer along Hood Road.
Transportation Element
The transportation element of the Palm Beach Gardens Comprehensive Plan states the following goal:
The transportation system in Palm Beach Gardens shall be convenient, safe and efficient for all
persons living in and traveling through the City.
The proposed project will in no way adversely affect the City’s ability to meet this goal. The traffic study
submitted as part of the application package reflects the ability to maintain adequate level of service on
the surrounding roads. In addition pedestrian linkages, bicycle parking will be provided on the site to
promote non-motorized transportation. 0 Infrastructure Element
The Infrastructure Element of the Palm Beach Gardens Comprehensive Plan states the following goals:
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Provide adequate central sanitary sewage facilities for residents and commercial
development in the city.
Provide access to solid waste management and disposal facilities for the City of Palm Beach
Gardens through the planning period of the year 2015.
Provide adequate city-wide drainage and stormwater management for all property in the city
The provision of a safe, healthy and dependable potable water supply to all residents and
businesses in the city.
Increase groundwater recharge where practicable.
The proposed project has received concurrency certification. The project will in no way adversely affect
the City’s ability to meet the above stated goals. Stormwater management will be contained within the
site and is detailed in the projects drainage statement.
Coastal Management Element
The project site is not located within the coastal region of Palm Beach Gardens and as such will in no
way hinder the City’s ability to meet the goals and objectives of its Coastal Management Element with
the Comprehensive Plan.
Conservation Element
The Conservation Element of the PBG Comprehensive Plan states the following goal: 0 The natural resource of the City of Palm Beach Gardens shall be preserved or managed in a
manner which maximizes their protection, functions, and values.
Frenchman’s Crossing Page 5 of 6 August 27,2008
An Environmental Assessment report has been submitted as part of this application package. The
report details the existing conditions on the property. Because the site is a redevelopment project, the
natural resources of the City will not be affected.
Recreation and Open Space Element
The Recreation and Open Space Element of the PBG Comprehensive Plan states the following goal:
Adequate recreation and open space facilities and areas offering a broad range of activities,
convenient access, appropriate improvements, and sound management shall be provided to all
citizens of Palm Beach Gardens with active and passive recreation opportunities in the interests
of personal health, entertainment, and constructive use of leisure time.
The regulations for this site do not provide any required specifications for recreational uses on the site.
Standard impact fees resulting from the site’s development will be paid, as required by the City.
Intergovernmental Coordination Element
The Intergovernmental Coordination Element of the PBG Comprehensive Plan states the following
goal:
Establish effective coordination measures among all pertinent public and quasi-public entities so
to best maintain Palm Beach Gardens’ quality of life and efficient use of resources.
The project will not negatively affect the ability of Palm Beach Gardens to meet the stated goal of
establishing effective coordination among government entities.
Capital Improvement Element
The Capital Improvement Element of the PBG Comprehensive Plan states the following goal:
Palm Beach Gardens shall undertake actions necessary to adequately provide needed public
facilities to all residents within its jurisdiction so as to protect investments in existing facilities,
maximize the use of existing facilities, and promote orderly, compact development.
The project site is currently surrounded by Palm Beach Gardens, Any travel to or from the site
currently impacts the City’s infrastructure. By annexing it, and assigning a Palm Beach Gardens zoning
and land use designations, the City can assure that orderly, compact development is maintained on the
site.
P:\868\868.3 WS DocumentslSubmittal DocumentsVustijkation Statementl2008-1 0-22-Justi$cation Statement Submittal-868.3.doc
Frenchman’s Crossing Page 6 of 6 August 27,2008
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PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Advertised:
[XlReslrired
[ INotRequired
Meeting Date: October 14,2008
Petition: PVAR-08-07-000006
Attachments: [ loperating Variance Application
[XlOtha NA Applicant Narrative
Lot4Surveys
Su bj ectlAgenda Item:
Petition PVAR-08-07-000006: Residential Variance - Rear Fence Setback
1609 Nature Court, Palm Beach Gardens, FL 33410
Public Hearing & Consideration of Approval: A request by Maureen Barber, tenant and
applicant, on behalf of Beatriz Escobar, owner, for the following two variances:
A variance from Section 78-316 (j), of the City Code and the Evergrene Planned
Community District (PCD) Parcel 8 development order, Resolution 201, 2002, which
requires a ten (10) foot minimum separation between structures and a preserve area. The
petitioner is requesting a variance of ten (10) feet to allow a four (4) foot tall fence at the
rear property line, which is adjacent to an existing preserve and requires a ten (10) foot
setback; and
A variance from the Evergrene Planned Community District (PCD) Parcel 8 development
order, Resolution 201, 2002, which requires a six (6) foot clear zone in the side yard.
The petitioner is requesting a variance of six (6) feet to allow a four (4) foot tall fence at
the side property line, which requires a six (6) foot setback from the side property line.
The Evergrene PCD is located south of Donald Ross Road, between North Military Trail and
Alternate AlA.
0
0
Paper Palm BeachPost
Date: 10/3/08
M Notified
Affecedparbies:
r i~otreqnired
[ ] Recommendation to APPROVE
fidget A&.#
NA
Recommendation tc
Reviewed by:
City Attorney
Development *& Bp
Compliance
Bahareh Wolfs, AICP
Ronald M Ferris
NIA
City Manager
DENY
Originating Dept.: Finance:
Growth Managpent:
KaraL. h3ll By: ?keshaThomas
Fees Paid [Yes ]
[XlQuasi-Judicial I
PZAB Action:
[ ] App. wl conditions
[ ]Approved
1 IMd
[ ] COIltinued to:
[ ]Legislative Funding source: Txl PublicHearing __ - I I I
Photos
Final Order
Meeting Date: October 14,2008 ?
Petition: PVAR-08-07-000006
FINAL ORDER-08-07-000006
EXECUTIVE SUMMARY
The subject petition is a rear yard setback variance request for lot four (4) of Parcel eight (8),
within the Evergrene Planned Community Development (PCD). The requested variance will
allow the Applicant’s existing four (4) foot fence and gates to remain on the rear and side
property lines, where a ten (10) foot rear setback and a six (6) foot side clear zone are required.
Ifthis request is granted, the applicant is willing to remove the fence and gates at the end of her
lease (October 14, 2009). However, a variance runs with the property upon which it is granted
and, it is Staffs professional opinion that the requested variance does not meet the eight (8)
variance criteria, as listed in Section 78-53 of the City’s Land Development Regulations (LDRs).
Therefore, staff recommends denial of the subject petition.
BACKGROUND
On December 20, 2001, the City Council approved the Evergrene Planned Community
Development through the adoption of Ordinance 43, 2001, which consists of 905 single-family
dwelling units and 132 multi-family dwelling units on a 366 acre site.
The 7,745 square foot subject property is located at 1609 Nature Court within the Evergrene
PCD. Construction of the one (1) story residence was completed in 2003 and consists of 2,512
square feet. The subject site has a RM (Residential Medium Density) Future Land Use
designation and is zoned as a Planned Community District Overlay (PCD) with an underlying
zoning of Residential Low Density - 3 (RL,-3), which is consistent with the Evergrene Master
Plan designation of Residential Low (RL).
Directly prior to the applicant’s (Ms. Barber’s) occupancy of the subject property in April 2008,
the applicant contracted Bulldog Fence Company to install a fence at the rear of the property.
The applicant desired to install the fence on the rear property line, as opposed to the required ten
(10) foot setback lime. The applicant contacted the HOA to request approval to set the fence at
the rear property line. The Evergrene ACC (Architectural Control Committee) approved the
request to move the fence back ten (10) feet, and locate it abutting the preserve area, directly on
the rear property line (see attached survey). The Evergrene ACC approved the fence with the
condition that two (2) five (5) foot wide gates be installed at both sides of the property to allow
access to the recorded drainage easement. The fence was subsequently installed directly at the
rear of the property with the two (2) gates; however, no permit or zoning approval was applied
for or requested fiom the City.
Approximately two (2) months after the fence was installed, in an attempt to rectify their
oversight, the fence contractor applied for a permit with the City’s Building Division. The
application was denied by the City’s Development Compliance Division, prompting a request for
a ten (10) foot variance. Additionally, the Evergrene PCD Parcel 8 site plan requires a six (6)
foot side clear zone, fiom which, the Applicant is seeking a variance.
1
Meeting Date: October 14,2008
Petitiox PVAR-08-07-000006
FINAL ORDER-08-07-000006
Minimum Separation and
Parcel 8 Site Plan -
Rear Fence Setback
Evergrene PCD
Parcel 8 Site Plan -
Side Clear Zone
SITE LOCATION
10 Feet
NIA
Parcel eight (8) is located within Gardens Preserve in the northeast portion of the Evergrene
PCD. The subject lot is bordered to the southwest by Tract “C-8,” which is platted as preserve
and recorded in Palm Beach County’s Oficial Records Book (see attached survey), and is
surrounded by residential homes on all other sides. The Applicant’s rear property line is
approximately 389 feet from the nearest residential home to the southwest.
REQUEST
The applicant is requesting a ten (10) foot variance from Section 78-3166) of the LDRs,
regarding the setback requirement adjacent to a preserve area and the established rear setback for
the site plan for Parcel 8, to allow a fence and gates to be located at the rear of the property.
Additionally, the applicant is requesting a variance from the Evergrene Planned Community
Development (PCD) Parcel 8 Site Plan, which requires fences to maintain a six (6) foot side
clear zone in the side yard.
Section 78-158(g) of the LDRs allows owners of single-family homes within a PCD to apply for
a variance to the applicable PCD Development standards in-lieu of a development order
amendment to the entire community.
10 Feet 0 Feet 10 Feet [ 0 Feet
VARIANCE CRITERIA
Section 78-53(b) provides that as a basis of approval, the Board must find that the applicant
complies with The following illustrates Staffs analysis of the
required variance criteria:
eight variance (8) criteria.
1. Special Conditions:
Special conditions and circumstances exist which are peculiar to the land, structure or
building involved and which are not applicable to other lands, structures, or buildings in
the same zoning district.
2
Meeting Date: October 14,2008 , 1
Petition: PVAR-08-07-000006
FINAL ORDER-08-07-000006
Applicant’s Justification
me rear yard is approximate& I4 feet in depth @om the rear property line to the covered
patio). The qlicant states that if the IO ’ setback where to be observed, on& a 4’ rear yard
would be provided for by fencing the rear yard The applicant contends that some properties in
the area are not required to adhere to this IO ’ setback, while other properties are. The applicant
states that the pie shape lot contributes to the wipe situation.
Staffs Findings DOES NOT COMPLY
Parcel 8 contains 105 single-family homes that are placed on 50’ X 105’ minimum sized lots.
Properties in the surrounding area have rear yards of similar size and shape. All Properties
abutting preserve areas, which include the homes on either side of the applicant, are subject to
the minimum required rear setback of ten (10) feet for fences. Therefore, it is Staffs
professional opinion that no special conditions or circumstances exist which are peculiar to this
land or structure.
2. Hardship:
The special conditions and circumstances truly represent a hardship, and are not created
by any actions of the applicant.
Applicant’s Justification
The applicant states that the fencing setback creates a small sized backyard, which provides for
limited use of the property and does not allow for adequate area to play and exercise dogs. In
addition, the applicant contends that the HOA/ACC approved the fence to be located along the
rear property line.
Staff’s Findings DOES NOT COMPLY
Staff cannot find adequate justification that shows that a hardship exists for this site. Although
the site is pie-shaped, it is consistent with other lots within the development that are under the
same regulations. Therefore, it is Staffs professional opinion that no hardship exists that are
peculiar to this land or structure.
3. Literal interpretation:
Literal interpretation of the provisions of this chapter would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of this
chapter and would work unnecessary and undue hardship on the applicant.
Meeting Date: October 14,2008
petitio^ PVAR-O8-O7-000006
FINAL ORDER-O8-O7-OOOoO6
Applicant’s Justification
The applicant feels that literal interpretation of the regulation does not provide them the right to
filly enclose the rear yard of the propew as enjoyed by other homeowners in the neighborhood
that do not back up to apreserve.
Staffs Findings DOES NOT COMPLY
As previously stated, all properties within the surrounding area are subject to this same ten (10)
foot rear setback requirement when abutting a preserve area. Neighboring properties have
adhered to this setback requirement (see attachedphotos); as a result, the required ten (10) foot
setback would not deprive the applicant of any rights commonly enjoyed by other properties in
the same zoning district similar to the subject property.
4. Special privileges:
The grant of a variance will not confer upon the applicant any special privilege denied to
any other owner of land, buildings, or other structures located in the same zoning district.
Applicant’s Justification
The appIicant provides no real justpcation for this criterion. The applicant only indicates, “not
every property in the community is the same” and “my neighbors not only approve of my fence,
they want to do the same. ’’
Staffs Findings DOES NOT COMPLY
Neighboring properties have adhered to this setback requirement (see attached photos); the
granting of this variance would coder upon the applicant a special privilege denied to other
property owners in the same zoning district. Granting of this variance will be a detriment to the
accessibility of the property during an emergency situation, which is why the setback exists
adjacent to the preserve.
5. Minimum variance:
The variance granted is the minimum variance that will make possible the use of the land,
building, or structure.
Applicant’s Justification
The appliumt argues that with the conjiguration the home on the pie-shqed lot, this is the
minimum variance required to make adequate use of the property. The applicant conted that
the fence conjiguration on this property is more Jicnctional and aesthetically pleasing than others
in the surrounding area.
4
Meeting Date: October 14,2008 1
Petition: PVAR-08-07-000006
FINAL, ORDER-08-07-000006
Staffs Findings DOES NOT COMPLY
It is Staffs professional opinion that the fence can be installed in compliance with the required
setbacks, and the applicant can make use of the yard the same as other property owners in the
surrounding area. Staff does not believe this is the minimum variance required to make
reasonable use of the land.
6. Purpose and intent:
The grant of the variance will be in harmony with the general intent and purpose of this
chapter and land development regulations.
Applicant’s Justification
The applicant states, “What I have done is in harmony with this community and this particular
lot.
Staffs Findings DOES NOT COMPLY
It is the purpose and intent of these required setbacks to serve as access points for Fire Rescue in
case of an emergency. As the existing fence blocks the access points, the grant of the variance
is, inherently, not in harmony with the intent of the LDRs.
7. Financial hardship:
Financial hardship is not to be considered as sufficient evidence of a hardship in granting a
variance.
Applicant’s Justification
me applicant has identified the $5,000+ cost of the fence and the potential cost of moving to a
new home as jinancial harbhips. A&itionally, she has indicated her intent to pursue Bulldog
Fence Company for anylull expenses incurred
Staffs Findings DOES NOT COMPLY
The applicant has identified the cost of the fence and the potential cost of moving to a new home
as financial hardships, and in-turn, as arguments for this variance request.
8. Public welfare:
The grant of the variance will not be injurious to the area involved or otherwise
detrimental to public welfare.
5
,
e
a
Meting Date: October 14,2008
Petition: PVAR-08-07-000006
FINAL ORDER-08-07-000006
Applicant’s Justification
The applicant asserts, “The public will not be Mected by this at all, just me and my dogs. ”
Staffs Findings DOES NOT COMPLY
The applicant has provided sufficient justification that the requested variance would not
negatively impact the aesthetics of the neighborhood. However, it is Staffs professional opinion
that in case of emergency, the fbnctionality of these setbackdaccess points to all homes within
the area will be compromised and could result in injury to the area, and subsequently, the public
welfare. Additionally, the applicant has identified several other property owners in the
surrounding area that are interested in installing similar fences, which would only further restrict
access to the preserve area.
STAFF RECOMMENDATION
After a detailed analysis, Staff finds that the proposed variance requests do not meet the eight (8)
criteria found in Section 78-53 (b) of the LDRs required to grant such a request. Therefore, staff
recommends denial of Petition PVAR-08-07-000006.
If the Planning, Zoning and Appeals Board (PZAB) finds for approval of the petition, Staff
recommends the following condition of approval:
1. The fence and gates located within the required rear setback of ten (10) feet shall be e
removed at the end of the applicant’s lease (October 14,2009).
6
ED:
Dnte
a: Planning & Zoning Slmdjhl Cheuklist VarZranee
W19l03
Finandal .Resrronsibilihr,Formm
The owmr understands
deposit shall be d
City of Palm Beach Gardens.
s assmiatecl wlth the
in an interest-bearing account with any accrued interest to be retained by the processing uf thi UdtY
to the pending permit(s) will cease until any outstanding invoices are paid.
The ovmerldesignee further u
completed form, s
Management Department i
during the application revi
transfer of this re sib\fity shall require a
the nspdnsible party, and delivelted to'the City Growth
e and/or address of the responsible party changes at anytime
COUNTY OF
State of .-.et- at-large S:
July 15,2008
RE:
Dear sirs:
Maureen Barber is my
Sincerely,
BEKCO INVESI1VIENT CORPORATION State af Florida
County QP Miami Dade
MAUREEN BARBER
1609 Nature Court
Palm Beach Gardens, FL. 33418
(561) 389-7600
City of Palm Beach Gardens
Building and Zoning Department
Attn: Doug Wise
To Whom It May Concern,
I am requesting a “temporary variance’’ for the property located at 1609 Nature Court, Palm Beach
Gardens, Florida 33410. I am currently renting this home in the Evergrene subdivision. I have an 18
month lease with the owner that will end October 14,2009. Prior to moving in I had made
arrangements with the owner (Beatriz Escobar) to have a fence installed for my dog’s protection. I
contracted with Bulldog Fence Company to install the fence. They installed it right away; initially they
placed it 10 feet in from the preserve based on a drainage easement. When this was done I was
stunned at how close to my house the fence was. I could barely open the screen door without hitting
the fence. I asked the fence company not to set the fence posts in concrete while I approached the
Architectural Committee. I immediately went to the clubhouse at Evergrene. I spoke to the man who is
in charge of the ACC here in and asked him to come to the house and see what an eyesore this was. He
came over right away and agreed that it was way too close to the house. He then contacted the board
and who ever else he needed to contact. About three hours later he came back to the house to let me
know that it was alright for me to have it moved back as long as I had two 5’ gates installed on either
side in order to allow access to the yard for the drainage easement.
Approximately two months after the fence was installed, Mr. Charlie Mancini showed up at my door
telling me that Bulldog Fence Company had not legally applied for permit. Apparently they applied for
permit almost two months after the fence had been installed, the building department denied the
permit at which time Bulldog Fence cancelled their request for permit. About 1 hour after Mr. Mancini
left my house, I got a call from him telling me that the fence was illegal and that I had to have it
removed immediately. Without going into detail I will tell you that Mr. Mancini was very unprofessional
and very rude. He made false accusations about me illegally representing myself as the owner of the
house and when I became upset and started crying (I couldn’t help it), he said to me, in a very nasty
tone, “you’re only upset because you aren’t getting your own way.
While I was still very upset over Mr. Mancini’s call I get another call from the fence company telling me
that they are coming to take the fence down. I was panicked and in shock that this was all happening.
The reason I moved into this house is because I was allowed to have a fence put up.
Here is what 1 am requesting. I am asking that you PLEASE allow me to keep this fence while I am
renting this property. I back up to a preserve where the fence in not at all visible to anyone other than
me. I am the end of a CUI de sac so my next door neighbors can barely see the fence. I absolutely have
to have a fence for my dogs, especially in this location. I have an 11 year old Weimerainer and a 7 year
old Basset Hound. My dogs will bolt after anything they see. This preserve is loaded with wildlife. In
addition to keeping my dogs safe I also want to keep the critters in the preserve safe.
If I am forced to have the fence removed, I will be forced to move. I paid $4000.00 deposit to move into
this house, I paid Bulldog Fence over $5000.00 to install the fence and gates. I have lived here since
April and I really do not want to have to do this all over again. If I am forced to move I will be forced to
file a lawsuit against Bulldog Fence Company, go after their license and ask to be reimbursed for all my
expenses, moving, etc. I really don’t want anyone to get hurt because of this situation if it can be
avoided. This has been a nightmare for me. I know that it is also a nightmare for Bulldog Fence
Company.
My neighbors are not at all opposed to the fence, as a matter of fact two of them wanted to do the
same thing. I will provide you with fetters or signatures from everyone on the cull de sac approving my
fence.
I will provide you a tetter from Bulldog Fence Company that they will remove the fence at the
termination of my lease which is October 14,2009.
I thank you all for your time and consideration and ask that you PLEASE approve my request.
Sincerely,
pMJL’LlLLLz
Maureen Barber
1609 Nature Court
Palm Beach Gardens, FL. 33410
(561) 389-7600
LEGAL DESCRIPTION: Evergrene PCD PL5 LOT 4
OWNER: Beatriz Escobar
Quito, Ecuador
P.O. BOX 1707-9065
cc via e-mail:
Beatriz Escobar
Bulldog Fence Company
MA Colucci-Russell, Atty. a
PVAR-08-07-000006 ,
Residential Variance - Evergrene PCD
ResponseIJustification to Variance Criteria by Maureen Barber, Applicant - sent via email on
812 5/20 0 8
a
VARIANCE CRITERIA
1. SPECIAL CONDITIONS:
Special conditions and circumstances exist which are peculiar to the land, structure or
building involved and which are not applicable to other lands, structures, or buildings in
the same zoning district.
The backyard of this home is approximately 14' deep. I understand that when this
subdivision was first being considered the developer (WCI) and the City of Palm Beach
Gardens decided at that time that there would be a IO' drainage easement in the back of
this property. In order to have a fence enclosed yard this restriction would require a
fence to be approximately 4' from the house. It is also my understanding that this
particular lot has this setback while others that are very comparable do not have the
same restrictions. It seems somewhat random to me that while one house has this
restriction, other similar homes do not. The configuration of this property is a pie
shaped lot. The fence that I have installed is barely visible on the side yards. The back
yard is 100% preserve and visible by no one other than myself. I can not understand
WHY this is a property has this 10' restriction when it is extremely private and not visible
to anyone else.
2. HARDSHIP:
The special conditions and circumstances truly represent a hardship, and are not created
by any actions of the applicant.
My situation that I see as a hardship you may not. Everyone's hardship can be as
individual as the person. Here is mine. I moved to this house after my divorce with the
full intention of having a fenced yard. I need a yard for my dogs. I have an old dog that
gets overheated on a leash and therefore I can not walk him in the heat. My dogs have
always had a yard to romp in, to chase lizards in, etc. I can not let them out without the
safety of a fenced yard. 1 paid to have a fence installed in this yard. I had the
HOAlArchitectural Committee approve the fence being place at the property line when it
was installed. I had NO idea that Bulldog Fence Company had NOT legally applied for a
permit. I paid over $5000.00 to have this fence installed only to be told three months later
that it was illegal. I was insulted on the phone by Mr. Charlie Mancini before I even knew
what hit me. He was a very nasty man, extremely unprofessional and had no right to talk
to me the way he did. I have an 18 month lease on this property and am willing to have
this fenced removed at the end of that lease (if necessary) but until that time I am asking
that the City of Palm Beach Gardens allows me to keep the fence for the safety of
my dogs. e
PVAR-08-07-000006
Residential Variance - Evergrene PCD
.The only financial hardship that I havelwill incur with what I spent to have this fence
installed ($5000.00+) and what it will cost me to move, which is what will happen if I can
not have a fenced yard. I plan to go after BULLDOG FENCE COMPANY for whatever
expenses I incur since they are 100% responsible for this issue.
8. PUBLIC WELFARE:
The grant of the variance will not be injurious to the area involved or otherwise
detrimental to public welfare.
No, the public will not be affected by this at all, just me and my dogs.
NOTE! GOPHER TORTOIS IN TRACT C-8, [ -_ --
NE FENCE LOCATED IOES NOT ENCROACH TRACT C-8
IN10 LOT (EVERGRENE PLAT TWO C"'^" 0-40" PLAT BOOK 95, PAGES 29-54 1 . j3'3U" L - 110.4 7'
\ -.
PAVER PATIO COVERED
,k 22.00' hh,h 15.33'
?'9 -0 222
SF2-PLS-RA-SPANISH
4 0 .OO'X 6 2.33' 2505 SF.
ONE STORY C.B.S, RESIDENCE
F.F. EL..(14.64')
GAR. EL, - (14 14') i: C
a
ll COVERED ENTRY
. 5.00' 1.67 1.33' 1.67' 14.67
70 00'
\
9 5.00'
THIS SURVEY
97 AT PAGES 144 THROUGH 147, OF THE PUBLIC RECORDS OF PALM BEACH ’COUNTY, FLORIDA. NOTES 1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION. RECORD. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED. EASEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS OF PUBLIC RECORD, AN APPROPRIATE TITLE VERIFICATION NEED BE OBTAINED. BUILDING TIES ARE PERPENDICULAR OR RADIAL TO THE BOUNDARY LINES UNLESS OTHERWISE NOTED. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, BEARING SOUTH 89’51’14“ EAST, ACCORDING TO THE PLANE COORDINATES SYSTEM USING THE NORTH AMERICAN DATUM
OF 1983,1990 ADJUSTMENT, AS ESTABLISHED AND ADOPTED BY PALM BEACH COUNTY SURVEY SECTION.
ELEVATIONS SHOWN HEREON ARE RELATIVE TO THE NATIONAL GEODETIC VERTICAL DATUM OF 1929 AND ARE BASED ON
PALM BEACH COUNTY ENGINEERING BENCHMARK “HOMECOMING”: PBC BRASS DISC IN CONCRETE 17’ EAST OF THE EAST
EDGE OF PAVEMENT OF MILITARY TRAIL, % MILE SOUTH OF DONALD ROSS ROAD, 222 FEET SOUTH OF THE ENTRANCE TO A
SCHOOL; ELEVATION: 13.322 FEET
9. THE ELEVATIONS SHOWN HEREON ARE FOR THE PURPOSE OF INDICATING THE GROUND ELEVATIONS ONLY AT THE
POSITIONS SHOWN AND IN NO WAY INWCATE ELEVATIONS AT ANY OTHER POINTS THAN AS SHOWN HEREON.
10. FLOOD ELEVATION INFORMATION:
A. COMMUNITY NO. : 120192 E. SUFFIX :B
B. FIRM MAP INDEX DATE : JUNE 2,1992 F. BASE FLOOD ELEVATION : N/A
C. FIRM ZONE :B
0. PANEL NUMBER : 0120
11. ADDRESS: 1609 NATURE COURT, PALM BEACH GARDENS, FLORIDA 33410
12. AREA OF THIS PROPERTY IS 7,745 SQUARE FEET, MORE OR LESS.
13. THIS SURVEY IS CERTIFIED TO THE FOLLOWING:
1. LENDER: BANKUNITED FSB
2. BUYER: BEKCO INVESTMENT CORPORATION
3. TITLE CO: THE TITLE CENTER OF FLORIDA, INC.
4. UNDERWRITER: FIRST AMERICAN TITLE INSURANCE COMPANY
2. THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR-CROSS, INC., AND SHALL NOT BE USED OR REPRODUCED IN THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS-OF-WAY, AND RESTRICTIONS OF 3. 4. 5. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH. FOR INFORMATION CONCERNING RIGHTS-OF-WAY, 6. 7.
8.
ABBREVIATIONS
A Ax:
ADJ
B.C.R.
B.D.I.C.
(C) CA.T.V.
C.B.S.
C.L.F.
C.M.E.
CH.
CONC.
D
D.E.
E.O.P.
= ARC LENGTH = AIR CONDITIONER SLAB = ADJACENT
= BROWARD COUNW RECORDS = BRASS DISC IN CONCRETE = CALCULATED
= CABLE JUNCTION BOX = CONCRETE BLOCK STRUCTURE = CHAIN LINK FENCE = CANAL MAINTENANCE EASEMENT = CHORD = CONCRETE = DELTA (CENTRAL ANGLE)
=.DRAINAGE EASEMENT = EDGE OF PAVEMENT
E.O.W.
EL.
Ff.
F.P.L.
FND.
GAR.
H.C.
UR 8 C.
UR
L.E.
L.M.E.
(MI N.G.V.D.
N.T.S.
Nrn
= EDGE OF WATER
= ELEVATION = FINISHED FLOOR = FLORIDA POWER 8 LIGHT CO. = FOUND
= GARAGE
= HANDICAPPED = IRON ROD AND CAP
= IRON ROD = LANDSCAPE EASEMENT
= LAKE MAINTENANCE EASEMENT = MEASURED
= NATIONAL GEODETIC VERTICAL DATUM
I NOT TO SCALE .. - ” = NAIL AND DISK
NK
O.R.B.
P.B.
P.B.C.R.
P.O.B.
P.O.C.
P.R.M.
PROP.
PVMT.
R. ww
SMV
SlY.
T.O.B.
U.E.
W.L.E.
W.M.M.E
= NAIL AND TAB
= OFFICIAL RECORD BOOK = PIATBOOK = PALM BEACH COUNTY RECORDS = POINT OF BEGINNING = POINT OF COMMENCEMENT = PERMANENT REFERENCE MONUMENT = PROPOSED = PAVEMENT
= RADIUS
= SIDEWALK
= STORY = TOP OF BANK = UTILITY EASEMENT
= WATER LINE EASEMENT = WATER MANAGEMENT MAINTENANCE
= RIGHT-OF-WAY
EASEMENT
* A,
SURVEYOR’S CERTIFICATION
I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL
-I *- STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE,
(<
II .* LANDON M. CROSS
PROFESSIONAL SURVEYOR AND MAPPER DATE OF LAST FIELD WORK: 12-19-03
FLORIDA LICENSE NO. LS 3348 . I
EVERGRENE P.C.D. FLAT FIVE JOB NO.: 990901 BH DATE: 05-24-03 SHE E~,Q,F&~,t$$i@TS
w:\projects\990901 bhUegalsUot004.doc
,. .. : ., , :. .
Meeting Date: October 14,2008
Petition: PVAR-08-07-000006
1609 Nature Court - Site Photos
Standing at southeast corner of property - looking west, along the rear property line
Standing at southeast corner of property - looking south, towards the preserve area
Meeting Date: October 14, 2008
Petition: PVAR-08-07-000006
1609 Nature Court - Site Photos
.+-
Standing at southeast corner of property - looking north, towards the front
Standing at southwest corner of property - looking east, along the rear property line
Meeting Date: October 14,2008
Petition: PVAR-08-07-000006
1609 Nature Court - Site Photos
Standing at southwest corner of the property- looking west, towards neighbor's rear fence
Standing close to southwest corner of property, along the rear property line - looking north, towards
the front/side of the property
e
e
Meeting Date: October 14,2008
Petition: PVAR-08-07-000006
1609 Nature Court - Site Photos
t
Standing at west side property line - looking south, towards the preserve area
i
ORDER OF THE PLANNING, ZONING, AND APPEALS BOARD
OF THE CITY OF PALM BEACH GARDENS
PETITION NUMBER PVAR-08-07-000006
IN RE:
1609 NATURE COURT
LEGAL DESCRIPTION:
LOT 4, OF EVERGRENE PCD PL 5, COUNTY OF PALM BEACH, STATE OF
FLORIDA, AS RECORDED IN PLAT BOOK 16411, PAGE 1468, IN THE OFFICE
OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, FLORIDA.
ORDER DENYING VARZANCE
THIS CAUSE came on to be heard upon the above application, and the City of Palm
Beach Gardens Planning, Zoning, and Appeals Board, having considered the testimony and
other evidence presented by the applicant, city staff, members of the public and other
interested persons at a hearing called and properly noticed, hereby makes the following
findings of fact:
0
1. The public hearing was properly noticed in accordance with Section 78-54 of the
City’s Land Development Regulations.
2. The property which is the subject of said application has a required 10-foot rear
setback pursuant to the Evergrene Planned Community Development (PCD) Parcel 8 Site
Plan Approval and the Land Development Regulations Section 78-316 (i), made a part
thereof by reference.
3. In accordance with Section 78-158 (g) of the Land Development Regulations,
variance requests fiom the applicable PCD development standard(s) are allowed for single-
family homes.
4. This applicant seeks a Variance pursuant to the City’s Land Development @ Regulations.
5. Under the provisions of such regulations, the Planning, Zoning, and Appeals Board
has the right, power and authority to act upon the application herein made.
6. The City of Palm Beach Gardens Planning, Zoning, and Appeals Board determines
that the requested variance fiom the minimum rear setback standard does not meet the
criteria set forth in Section 78-53 (b) of the City’s Land Development Regulations:
a) Special Conditions and circumstances exist;
b) A Hardship exists fiom circumstance not the result of actions of the applicant;
c) Literal Interpretation would constitute an unnecessary and undue hardship;
d) No Special Privilege conferred;
e) Minimum Variance;
f) In harmony with the Purpose and Intent of the Land Development Regulations;
g) Variance not a result of a Financial Hardship;
h) Not detrimental to public welfare.
IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED by the City of
Palm Beach Gardens Planning, Zoning, and Appeals Board as follows:
1. The application for Variance, Petition PVAR-08-07-OOOOO6, with reference to the
above-described property in the City of Palm Beach Gardens, Florida, is hereby denied to
permit the following:
0 A variance fiom Section 78-3 16 Ci). of the City Code and the Evermene Planned Community
District (PCD) Parcel 8 development order. Resolution 201.2002. which requires a ten (10)
foot minimum separation between structures and a preserve area. The Detitioner is requesting
B variance of ten (10) feet to allow a four (4) foot tall fence at the rear property line. which is
gdiacent to an existing Dreserve and reauires a ten (10) foot setback; and
Avm ‘ance fiom the Evermene Planned Community District (PCD) Psrcel 8 development
order. Resolution 201. 2002. which requires a six (6) foot clear zone in the side yard. The
petitioner is requesting a variance of six (6) feet to allow a four (4) foot tall fence at the side
proDertv - line, which reauires a six (6) foot setback fiom the side property line.
2.
The decision has been based upon our opinion that the additional area needed to effectivelv
and safely build a fence does not create a special condition or hardship. This decision
would confer upon the amlicant a special privilege throuah the literal interpretation of the
Code. It is also our opinion that this request is neither the minimum variance needed. nor is
it in harmony with the Purpose and Intent of the Land DeveloPment Regulations.
The reasons for the denial of this variance are as follows:
DONE AND ORDERED this 14th day of October 2008.
Debbie Andrea
Recording Secretary
Chair Mr. Craig Kunkle
Planning, Zoning, and Appeals Board
City of Palm Beach Gardens
ATTEST BY:
CITY OF PALM BEACH GARDENS PLANNING, ZONING, & APPEALS BOARD
Agenda Cover Memorandum
Reviewed by:
City Attorney
R. Max Lohman, Esq.
Date Prepared: October 31,2008
Meeting Date: November 10,2008
Ordinance 30,2008
Originating Dept.:
Gr
Kha Irwin
Subject/Agenda Item:
Ordinance 30, 2008: Amendment to the Land Development Regulations Relating to an
Appeals Process
First Reading: A City-initiated request to amend the Palm Beach Gardens Land Development
Regulations to revise and clarify the administrative appeals process under certain circumstances.
[XI Recommendation to APPROVE
1 Recommendation to DENY
Development
Compliance NIA
Bahareh Keshavarz-Wolfs,
AICP
Growth Mana
Administrator
Action:
[ ] Quasi-judicial
[XI Legislative
[ ] PublicHearing
Advertised:
Date: 1013 1/08
PaDer: Palm Beach Post
FINANCE: NIA
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ 3 Operating
[XI Otherm
Budget Acct.#: [XI Required
[ ] Not Required NIA
Ronald M. Fems
City Manager [ ]Notified
[XI Not Required
~ PUB Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ 3 Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:-
Attachments:
BACKGROUND
Date Prepared: October 3 1 , 2008
Meeting Date: November 10,2008
Ordinance 30,2008 / LDRA-08-11-000019
Page 2 of 2 0
Currently, the City’s Code of Ordinances has multiple references to an “appeal process,” yet the
Code lacks a defined procedure for handling appeals to the interpretations or decision of the Growth
Management Administrator or the Planning, Zoning, and Appeals Board. The proposed language
sets forth a process for an appeal to any written decision rendered by the Growth Management
Administrator. The language provides timelines for appeals and further appeals, which currently the
Code lacks.
Two chapters of the Code require amendments to clarify the appeal process, which are Chapter 2 and
Chapter 78. The Planning, Zoning, and Appeals Board (PZAB), acting as the Land Development
Regulations Committee (LDRC) are required by Code to review all amendments to the Land
Development Regulations, also known as Chapter 78 of the City’s Code of Ordinances. While the
PZAB is not required to review and make recommendations on amendments to Chapter 2, it has been
provided for the purpose of providing clarity of the proposed amendments.
AMENDMENTS TO CHAPTER 2
Chapter 2 establishes the City’s Administrative organization, which includes among other things,
requirements for the City’s Boards and Committees. The powers and duties ofthe Planning, Zoning,
and Appeals Board are set forth in Section 2-147, which City staff is proposing to amend to provide
an additional duty for the PZAB, as well as define the due process procedures for appeals.
The following amendments are being proposed to City Council, which are directly related to the
proposed amendments to the Land Development Regulations:
Sec. 2-147. Powers and duties; appeals.
The city council hereby authorizes the board to hold and perform the following powers and duties:
(1)-(6) (These subsections shall remain in full force and effect as previously enacted.)
(7) Hear and decide appeals from and review any written order, written requirement,
written decision, or written determination fftstae rendered by the
growth management director. who is charged with the administration, e~ interpretation
and aDplication of the city’s land development regulations. Any such
ar>peal may be taken bv the agrrrieved partv, in accordance with the Drocedures set forth
at section 78-56 of the citv code.
..
(8)-(9) (These subsections shall remain in full force and effect as previously enacted.)
.. .. (10) 1
.. f As the construction board of adiustment and
Date Prepared: October 3 1,2008
Meeting Date: November 10,2008
Ordinance 30,2008 / LDRA-08-11-000019
Page 3 of3
appeals. the board shall hear and decide appeals of decisions and interpretations of the
building official. and shall hear and decide requests for variances from the technical
chaDters of the building code. all as set forth in section 113 of the administrative
chapter of the buildinp code. which is adopted by reference at chaDter 86 of the city
code,
Further appeals. An appeal may be made to the circuit court from any final
decision of the planning, zoning, and appeals board or the construction board of
adiustment and aupeals. except as otherwise set forth at section 78-56 of the city code,
provided the appeal shall be filed within 30 days from the date e€ the decision &
rendered.
Sec. 2-148. Membership.
(a) The board shall consist of seven regular members and two alternates. Additionally,
there shall be a representative of the school district appointed by the school board as a nonvoting
member. Initial appointment of members of the board shall be for the following respective terms:
four regular members and one alternate for two years; three regular members and one alternate for
one year; thereafter, all appointments shall be for a term of two years.
(b) Members of the board shall be residents of the City of Palm Beach Gardens, and shall
be chosen from the following professions as outlined below:
(1) At least one of each of the following disciplines:
Architects; -
Engineers;
Division 1 (general. building. or residential) contractors.
(2) At least one of the following disciplines:
Attorneys;
Real estate professionals;
Environmental professionals;
Landscape architects;
Planners;
Division 2 (MEP) contractors;
Land surveyors;
Fire-Safetv Professional. which shall mean a person who has exDerience interpreting
and apDlyinP state and national fire codes, Fire-Safetv Professionals may include, but
are not limited to. Fire Protection Systems Engineers: Fire Marshals and Inspectors;
Date Prepared: October 31,2008
Meeting Date: November 10,2008
Ordinance 30,2008
Page 4 of 4
Fire Sprinkler. Fire Suppression and Fire Alarm Svstem Contractors: and Fire
Protection Contractors,
(3) (This subsection shall remain in full force and effect as previously adopted.)
(4) When necessarv. alternate members should be seated to the neatest extent DOSS ible,
based on the need for any Darticular discipline,
AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS
This City Code amendment provides for minor changes to various section of Chapter 78, the Land
Development Regulations. The proposed amendment will revise and clari@ the administrative
appeals process under certain circumstances. The revised procedure provides for appeals from
decisions of the Growth Management Administrator and the Planning, Zoning, and Appeals Board.
Section 78-49 is amended to state the following: (Deletions are M, new language is underlined):
Sec. 78-49. Amendments to approved development orders.
(a)-(c) (These subsections shall remain in full force and effect as previously adopted.)
(d) Administrative variances. The growth management director or designee may issue
administrative variances pursuant to the following conditions:
(1)-(4) (These subparagraphs shall remain in full force and effect as previously adopted.)
(5) Appeal of growth management director’s decision. A petitioner may appeal the written
determination of the growth management director to the planning, zoning, and appeals
board in accordance with the procedures set forth at Section 78-56.
Sec. 78-56. Appeals and reconsideration.
(a) Appeals.
(1 1 Appeals from a final decision of the planning, zoning, and appeals board (PZAB) or the
city council shall be made within 30 calendar days of the date such decision
rendered, and shall be filed in Palm Beach Countv with the Circuit Court of the
Fifteenth Judicial Circuit. However. decisions rendered by PZAB on aDpeal from
written decisions of the eowth management director shall be sub-iect to the procedures
set forth in subsection (a)(2) and shall not otherwise be subiect to appeal.
(2) Decisions of the .growth management director. which are subiect to aDpeal tmsuant to
section 2-147. may be appealed. by any aggrieved party. to the planning. zoning. and
Date Prepared: October 31,2008
Meeting Date: November 10,2008
Ordinance 30,2008
Page 5 of 5
appeals board by filing such written appeal with the city clerk within 10 calendar days
of the date such decision is rendered.
a. The board may reverse or affirm. whollv or ~artlv. or may modifv the interpretation
or decision made bv the .growth management director pursuant to this code.
b.The interpretation or decision of the mowth management director shall be presumed
to be correct. and the applicant shall have the burden to demonstrate the error,
which must be proved by a preponderance of the evidence, and such evidence must
be competent and substantial.
c.Appeals of decisions of the growth manavement director shall be heard within 45
days of the day upon which the appeal is filed with the citv clerk.
d.All decisions of the PZAB on appeal from a ruling or decision of the mowth
management director. pursuant to this section. shall be final and shall not be subiect
to appeal.
I
Recently, there has been confusion on the required processing schedule for appeals to the Planning,
Zoning, and Appeals Board. The proposed changes set deadlines for submitting appeals, as well as
defining the timeline under which the appeals are to be processed by City staff. The language
provides a clearly defined process, which provides applicants their due process for appeals.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 30,2008.
Reconsideration.
Rezoning. Any parcel, or substantially the same parcel, which is the subject of a
rezoning which has been denied by the city council shall not be eligible for
reconsideration agak by the planning, zoning, and appeals board or the city council for
a rezoning to the same classification for one year fiom the date such application was
denied by the city council, unless there has been material change to the application as
determined by the growth management director.
Other development orders. Any parcel, or substantially the same parcel, which was the
subject of an application for development order approval, including, but not limited to,
any form of conditional use, major or minor site plan review, variance application, or
development order amendment, which has been denied by the development review
committee, the city council, or the planning, zoning, and appeals board, shall not be
eligible for reconsideration by that body for six months fkom the date the application
was denied, unless there has been material change to the application as determined by
the growth management director.
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Date Prepared: October 9,2008
ORDINANCE 29,2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 2,
IN ORDER TO ESTABLISH A CONSTRUCTION BOARD OF
ADJUSTMENT AND APPEALS (CBAA) TO DESIGNATE THE
PLANNING, ZONING, AND APPEALS BOARD AS THE CBAA AND
TO CLARIFY THE PROCESS BY WHICH APPEALS OF STAFF
LEVEL ADMINISTRATIVE DECISIONS MAY BE TAKEN;
SECTION OF CHAPTER 2, ADMINISTRATION, SHALL REMAIN
THE SAME AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
ADMINISTRATION, AT SECTIONS 2-145, 2-146, 2-147, AND 2-148
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-
WHEREAS, the City Council of the City of Palm Beach Gardens has become
aware of the need to establish a Construction Board of Adjustment and Appeals; and
WHEREAS, the City staff has drafted certain amendments to the Florida Building
Code in order to facilitate procedures more favorable to the residents of the City of Palm
Beach Gardens and the public in general; and
WHEREAS, the City Council of the City of Palm Beach Gardens has become
aware that a need exists to clarify the process by which appeals from staff level
administrative decisions may be taken; and
WHEREAS, Staff recommends that Chapter 2, Administration, be amended to
accomplish this purpose; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Section 2-145, entitled “Creation”
by repealing and readopting same, as revised, providing that this section shall hereafter
read as follows:
Date Prepared: October 9,2008
Ordinance 29.2008
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See. 2-145. Creation.
There is hereby created the planning, zoning, and appeals board, which shall
also be known and shall serve as the construction board of adjustment and appeals [the
“board”).
SECTION 2. Chapter 2, Administration, of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Section 2-146, entitled “Purpose”
by numbering the original paragraph as subsection (1) and adopting an entirely new
subsection (2), providing that this section shall hereafter read as follows:
Sec. 2-146. Purpose.
L1) The purpose of the planning, zoning, and appeals board is to make
recommendations to the city council on development petitions that appear
before the board, and hear and decide upon variance requests and appeals
to administrative decisions made by the administrative officials of the city on
issues related to the land development regulations, as more particularly set
forth herein below.
(2) As the construction board of adjustment and appeals, the board shall have
the power to hear appeals of the decisions and interpretations of the
buildina official and to consider variances of the technical chapters of the
buildinu code as set forth in chapter 86 of the citv code.
SECTION 3. Chapter 2, Administration, of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Section 2-147, entitled “Powers
and duties; appeals” by repealing subsections (7) and (1 0) and readopting subsection
(7), as revised, and adopting an entirely new subsection (IO) and renumbering the
previous subsection (IO) as new subsection (II), providing that this section shall
hereafter read as follows:
Sec. 2-147. Powers and duties; appeals.
The city council hereby authorizes the board to hold and perform the following powers
and duties:
(1)-(6) (These subsections shall remain in full force and effect as previously
enacted .)
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Date Prepared: October 9,2008
Ordinance 29,2008
(7) Hear and decide appeals from and review any written order, written
requirement, written decision, or written determination made rendered by
the growth management director. who is charged
with the administration, 8~ interpretation and application en+w%w& of the
city’s land development regulations. Anv such appeal mav be taken bv the
56 of the city code.
.. ..
gg
(8)-(9) (These subsections shall remain in full force and effect as previously
enacted.)
.. (10) w
construction board of adiustment and appeals. the board shall hear and
decide appeals of decisions and interpretations of the building official. and
shall hear and decide requests for variances from the technical ChaDters of
the buildina code. all as set forth in section 113 of the administrative chapter
of the buildina code. which is adopted by reference at chapter 86 of the city
code.
(4-0 Further appeals. An appeal may be made to the circuit court from any
final decision of the planning, zoning, and appeals board or the construction
board of adiustment and appeals, except as otherwise set forth at section
78-56 of the citv code. provided the appeal shall be filed within 30 days from
the date e# the decision is rendered.
SECTION 4. Chapter 2, Administration, of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Section 2-148, entitled
“Membership” by repealing subsections (b)( I) and (b)(2) and readopting same, as
revised, and adopting an entirely new subsection (b)(4), providing that this section shall
hereafter read as follows:
Sec. 2-148. Membership.
(a) The board shall consist of seven regular members and two alternates.
Additionally, there shall be a representative of the school district appointed by the
school board as a nonvoting member. Initial appointment of members of the board shall
be for the following respective terms: four regular members and one alternate for two
years; three regular members and one alternate for one year; thereafter, all
appointments shall be for a term of two years.
(b) Members of the board shall be residents of the City of Palm Beach
Gardens, and shall be chosen from the following professions as outlined below:
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Date Prepared: October 9, 2008
Ordinance 29, 2008
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At least one of each of the following disciplines:
Architects;
Engineers;
Division 1 (general. buildina, or residential) contractors.
At least one of the following disciplines:
Attorneys;
=e profess iona Is;
Environmental professionals;
Landscape architects;
P la n ne rs ;
Division 2 (MEP) contractors;
Land surveyors;
Fire-Safety Professional. which shall mean a person who has experience
interpretina and applvina state and national fire codes. Fire-Safety .
Professionals may include, but are not limited to, Fire Protection Svstems
Enaineers: Fire Marshals and Inspectors: Fire Sprinkler. Fire Suppression
and Fire Alarm System Contractors: and Fire Protection Contractors.
(This subsection shall remain in full force and effect as previously adopted.)
(4) When necessary. alternate members should be seated to the areatest
extent possible! based on the need for anv particular discipline.
SECTION 5. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 6. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 7. Specific authority is hereby given to codify this Ordinance.
SECTION 8. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: October 9,2008
Ordinance 29,2008
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46 47
PASS ED this day of , 2008, upon first reading.
PASSED AND ADOPTED this day of ,2008, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Eric Jablin, Mayor
David Levy, Vice Mayor
Joseph R. Russo, Councilmember
Jody Barnett, Councilmember
Robert G. Premuroso, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
FOR
G:\attorney-share\ORDlNANCES\2008\Ordinance 29 2008-Creating CBAA-barb's changes.doc
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AGAINST ABSENT
ORDINANCE 30,2008
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 78, LAND
TO APPROVED DEVELOPMENT ORDERS,’ AT SUBSECTION (d)
BY REPEALING SUBPARAGRAPH (5) AND READOPTING SAME
AS REVISED IN ORDER TO PROVIDE FOR INTERNAL
CONSISTENCY; FURTHER AMENDING CHAPTER 78 BY
RECONSIDERATION” AND READOPTING SAME, AS REVISED IN
ORDER TO PROVIDE PROCEDURES BY WHICH APPEALS FROM
DECISIONS OF THE GROWTH MANAGEMENT DIRECTOR MAY BE
TAKEN; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUB-SECTION OF CHAPTER 78, LAND
DEVELOPMENTSHALL REMAIN THE SAME AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
DEVELOPMENT AT SECTION 78-49 ENTITLED “AMENDMENTS
REPEALING SECTION 78-56 ENTITLED “APPEALS AND
WHEREAS, the City Council of the City of Palm Beach Gardens has determined
that a need exists to revise and clarify the administrative appeals process under certain
circumstances; and
WHEREAS, the revised procedure provides for appeals from decisions of the
Growth Management Director and the Planning, Zoning, and Appeals Board; and
WHEREAS, this Land Development Regulations amendment was reviewed by
the Planning, Zoning, and Appeals Board at a duly noticed public hearing on October
28, 2008, and the Board recommended approvalldenial by a vote of E to E; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare or the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
tSECTION 1. Chapter 78, Land Development of the Code of Ordinances of the
City of Palm Beach Gardens, Florida is hereby amended at Section 78-49, entitled
“Amendments to approved development orders” at subsection (d) “Administrative
variances” by repealing subparagraph (5) and readopting same, as revised, providing
that this section shall hereafter read as follows:
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Date Prepared:
Ordinance 30, 2008
Sec. 78-49. Amendments to approved development orders.
(a)-(c) (These subsections shall remain in full force and effect as previously
adopted.)
(d) Administrative variances. The growth management director or designee
may issue administrative variances pursuant to the following conditions:
(1)-(4) (These subparagraphs shall remain in full force and effect as previously
adopted .)
(5) Appeal of growth management director’s decision. A petitioner may appeal
the written determination of the growth management director to the
planning, zoning, and appeals board in accordance with the Drocedures set
forth at Section 78-56. -E 9 l%wkhwc~ 2f tbe-gw# ..
hn 2n 2: ..
SECTION 2. Chapter 78, Land Development of the Code of Ordinances of the
City of Palm Beach Gardens, Florida is hereby amended by repealing Section 78-56,
entitled “Appeals and reconsideration” and readopting same, as revised, providing that
this section shall hereafter read as follows:
Sec. 78-56. Appeals and reconsideration.
(a) Appeals.
(1) Appeals from a final decision of the planning, zoning, and appeals board
lPZAB) or the city council shall be made within 30 calendar days of the date
such decision is rendered, and shall be filed in Palm Beach County with the
Circuit Court of the Fifteenth Judicial Circuit. However. decisions rendered
bv PZAB on appeal from written decisions of the arowth management
director shall be subject to the procedures set forth in subsection (aj(2) and
shall not otherwise be subject to apped
/2) Decisions of the arowth manaaement director. which are subiect to appeal
pursuant to section 2-147. mav be appealed. bv anv aggrieved Party. to the
planning. zoning. and appeals board by filing such written appeal with the
citv clerk within 10 calendar davs of the date such decision is rendered,
a. The board mav reverse or affirm. whollv or partlv. or mav modify the
intemretation or decision made bv the growth manaaement director
pursuant to this code.
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Date Prepared:
Ordinance 30, 2008
b. The interpretation or decision of the growth management director shall
be presumed to be correct. and the applicant shall have the burden to
demonstrate the error. which must be proved bv a preponderance of the
evidence. and such evidence must be competent and substantial.
c. Appeals of decisions of the growth manaaement director shall be heard
within 45 davs of the dav upon which the appeal is filed with the city
clerk.
d. All decisions of the PZAB on appeal from a rulina or decision of the
growth manaaement director. pursuant to this section, shall be final and
shall not be subject to appeal.
Reconsideration.
Rezoning. Any parcel, or substantially the same parcel, which is the subject
of a rezoning which has been denied by the city council shall not be eligible
for reconsideration ag&i by the planning, zoning, and appeals board or the
city council for a rezoning to the same classification for one year from the
date such application was denied by the city council, unless there has been
material change to the application as determined by the growth
management director.
Other development orders. Any parcel, or substantially the same parcel,
which was the subject of an application for development order approval,
including, but not limited to, any form of conditional use, major or minor site
plan review, variance application, or development order amendment, which
has been denied by the development review committee, the city council, or
the planning, zoning, and appeals board, shall not be eligible for
reconsideration by that body for six months from the date the application
was denied, unless there has been material change to the application as
determined by the growth management director.
SECTION 3. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 4. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 5. Specific authority is hereby given to codify this Ordinance
SECTION 6. This Ordinance shall become effective immediately upon adoption.
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Date Prepared:
Ordinance 30, 2008
PASSED this 6th day of November, 2008, upon first reading.
PASSED AND ADOPTED this day of ,2008, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Eric Jablin, Mayor
David Levy, Vice Mayor
Joseph R. Russo, Councilmember
-
Jody Bamett, Councilmember
Robert G. Premuroso, Councilmember-
ATTEST:
FOR AGAINST
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
G:\attorney-share\ORDlNANCES\2008\0rdinance 30 2008-PZAB Appeals Process-FINAL.doc
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ABSENT
0
City of Palm Beach Gardens
Frenchman's Crossing
ANNX-07-08-000002
C PMA-0 7-08-00000 7
PPUD-07-08-0000? 8
Planning, I Zoning, and Appeals Board
Public Workshop
November 20,2008
mi-
F .& ,.A
Pedestrian ~
Connectivity ~
~
I
9 Policy 2.2.1.6.: Encourage connectivity of roadways and
cross connection of propertv with similar or compatible land
uses in the City to re$luce congestion on arterial and
co I I ect o r roads, including bicycle and pedestrian
connections, and utilize traffic calminq measures to minimize
the traffic impacts on residential neighborhoods.
,
. ?i
P Staff Recommendation
1 Provide a design that includes a gate and sidewalk to be
bonded by the applicant at the time of the Certificate of
Occupancy (CO) and considered by the Evergrene community
HOA within two years of the CO
Dedicate a pedestrian cross access agreement on the plat and
label the location of a future gate and sidewalk on the site plan.
w In the event that the HOP( agrees to the secured access, the
applicant shall provide a pedestrian connection up to the
property line and dedicate a cross access agreement on the
plat within two yeairs of the approval. The Evergrene community
would be required to build their portion of the connection on
Evergrene community property.
L 1 l-
L-
i I- -- PuMlx
45.600 Squua Foot
A
L
Ih W
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... .. . .
Ordinance 30,2008
Appeals Process
November IO, 2008
Planning, Zoning,& Appeals Board
PZAB Powers and Duties
Sec. 2-147.
The city council hereby authorizes the board to hold
Powers and duties; appeals.
and perform the following powers and duties:
..a
(7) Hear and decide appeals from and review any
determination made rendered decision, or written
rowth
is charged with the
by the admtwstrakkc Steak ,a
lication
director. who
administration, 8~ interpretation and app
reg u la tions.
Warieved party, in accordance with the
code.
itten req u i remen t, written order, written
mm m.
m
-
n II b n me& of the city's land development
I may be taken by
. rth at section 78 56 of the citv I
I
Appeal Process
Jet. 78156.
(a) Appeals.
Appeals and reconsideration.
(1)Appeals from a final decision of the planning,
zoning, and appeals board [PZAB) or the city
council shall be made within 30 calendar days of
filed in Pa Im Beach County with the Circuit Court
of the Fifteenth Judicial Circuit.
itten decisions of the arowth management
e such decision is rendered I and shall be
1
rom ecisions rendered bUPZAB on appeal f
I rector sha
in subsection (ax21 and sha I1 not otherwise
II be subject to the procedures set
. ..
.
.
- lect to appeal.
nagement ecisions o f the arowth ma
ion 2 I 147, mav be appea led, by a nv
ieved party, to t he planning, zonina, a nd
. irector, which a I pursua nt to re sublect to appea . .
.
.
filing such wr itten apgea Iw ith rd bv
v clerk within IO calenda he date - r davs oft . .
mm . ision IS rendered,
a. reverse or a ffirm, w holly or
lyl or may modifv the interpretation or
ion made by the arowth management ..
. irector pursuant to this code. .
e I inte rpretat ion or dec ision of the arowt h
tor shall be presumed to be
DI icant s ha I1 have the burden
ror, which must be proved
preponderance of the evidence, and such
evidence must be competent and substantial.
irector shall be heard within 45
of the day upon which the appeal is filed
-
Is of decisions of the arowth mm
ith the citv clerk.
e I from a
lina or decision of the arowth manaaement
irector, pu rsuant to this section, sha I1 be final
.
m.
II not be subject to appeal.
MEMORANDUM
November 10,2008
Planning, Zoning and Appeals Board Members
Growth Management Department
' CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
DATE:
TO:
FROM:
SUBJECT: Planning, Zoning and Appeals Board Meeting
Monday, November 10,2008 - 6:30 P.M.
Enclosed is the agenda containing the items to be presented on Monday, November 10,
2008. This meeting will be held in the Council Chambers, Palm Beach Gardens
Municipal Building, 10500 North Military Trail, beginning at 6:30 p.m.
Enclosed with this memorandum are the following items:
1. An agenda for the meeting; and
2. A Growth Management Department staffreport for the items to be heard.
As always, the respective Project Managers' telephone numbers and e-mail addresses
have been provided in case you have any questions or require additional information on
any petition. This will help us offer better st& support in the review of these
applications.
Nina Sorenson, Administrative Specialist II, will call to confirm your attendance.
Growth Management Administrator
COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council J Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.