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CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING DECEMBER 9,2008

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The December 9,2008 regular meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach Gardens, Florida, was called to order at 6:30 p.m. in the Council Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, by Chair Craig Kunkle.
1.
CALL TO ORDER

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II.
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PLEDGE OF ALLEGIANCE ROLLCALL

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The Public Information Coordinator called the roll. Members Present: Craig Kunkle, Chair Douglas Pennell, Vice Chair Randolph Hansen B r y Present ar Michael Panczak Joy Hecht Amir Kanel Donald Krzan, 1st Alternate Joanne Koemer, 2nd Alternate
MembersAbsent: Also Present

None.

Kam Irwin, Growth Management Administrator Natalie Wong, Planning Manager Richard Marrero, Senior Planner Kate Wilson, Planner Mark Hendrickson, City Forester R. Max Lohmq Interim City Attorney

IV.

REPORT BY KARA IRWIN, GROWTH MANAGEMENT ADMINISTRATOR

Growth Management Administrator Irwin reported Ordinance 30, 2008 the final Land Use Amendment for the Loxahatchee Slough and a transportation charrette were approved by the City Council.
V. VI. ADDITIONS, DELETIONS AND MODIFICATIONS

None.
APPROVAL OF MINUTES

None.

The Public Information Coordinator swore in al those. wishing to speak at tonight’s meeting. l Chair Kunkle requested members of the public wishing to speak at tonight’s meeting fill out a
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 12.09.08 Page
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public comment card. Interim Attorney Lohman requested each speaker to state their name and address for the m r d when they address the Board. Chair Kunkle requested ex parte communication on all of the agenda items, with none declared.
RECOMMENDATIONTO CITY COUNCIL

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Ex parte Communication (Public Hearing) 1. CPTA-06-12-000008: City-Initiated Amendment to the Future Land Use Element of the City’s comprehensive Plan. A Comprehensive Plan text amendment to the Future Land-Use Element to add a definition and provide criteria for areas highly suitable for office; and provide policies to increase the DRI thresholds for office, encouraging development that will expand the economic base of the City. Staffrecommended postponement until the January 13,2009. Chair Kunkle opened the public hearing. There were no speakers.
MOTION

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Douglas Pennell made a motion for approval of the postponement of CPTA-06-12-000008: Amendment to the Future Land Use Element of the City’s Comprehensive Plan. Michael Panczak seconded. Motion approved unanimously, 7-0.
Member Approve
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Absent

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Craig Kunkle, Chair Douglas Pennell, Vice Chair B r y Present ar Randolph Hansen Michael Panczak Joy Hecht Amir Kanel Donald Krzan, 1st Alternate Joanne Koemer, 2nd Alternate
FINAL ACTION

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Ex Parte Communication (Public Hearing) 2. PVAR-08-07-OOOOO6 Consideration of Amrovak 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 (i), of the City Code and the Everpne 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 h m 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 properiy l i e , which requires a six (6) foot setback h m the side property line. The Evergrene PCD is located south of Donald Ross Road, between North Military Trail and Alternate AlA. Maureen Barber, 1609 Nature Court, Palm Beach Gardens, explained the variance request for her fence and presented a letter for approval of the fence from J Keely, president of the i m Evergreen Master Association.
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Growth Management Administrator Irwin gave a presentation explaining code requirements

and variance criteria Staff recommended denial of the application. Discussion ensued. Chair Kunkle opened the public hearing. With no one wishing to be heard, Chair Kunkle closed the public hearing.
MOTION

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Douglas Pennell made a motion for approval of PVAR-08-07-000006, residential rear fence setback at 1609 Nature Court, Palm Beach Gardens. Joy Hecht seconded. Motion failed, 4-3.
Member Approve
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Absent

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Craig Kunkle, Chair Douglas Pennell, Vice Chair Bany Present Randolph Hansen Michael Panczak Joy Hecht Amir Kanel Donald Krzan, 1st Alternate Joanne Koemer, 2nd Alternate
RECOMMENDATION TO CITY COUNCIL

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Ex parte Communication (Public Hearing) 3. &ZN-08-11-000005: Waterway Cafe City-Initiated Rezoning. A City-initiated request, for the rezoning of one (1) parcel of real property from Residential Medium (RM) to General Commercial (CG-1). Said parcel comprises approximately one and 50/100 (1.5f) acres, more or less, in size; such parcel of land being located on the south side of PGA Boulevard approximately ?4mile east of Prosperity Farms Road, informally known as the Waterway Cafe Restaurant. Senior Planner Marrero presented a letter from Gregory S. Kino, Casey Ciklin Lubitz Martens & O’Connell, that was entered for the record as Exhibit A for REZN-08-11000005. Senior Planner Marrero presented background information and showed a map of the zoning. Growth Management Administrator Irwin explained the land use and the need to change the zoning to be in agreement. Discussion ensued. Chair Kunkle opened the public hearing. Marty Minor, Urban Design Studio, 477 S Rosemary Avenue, Suite 225, West Palm Beach, representing the owner of the Waterway Cafe, stated the owner’s support of the zoning change. Any redevelopment of the site would come back before the Board. Elliot Perry, 11456 Kidd Lane, Palm Beach Gardens, stated his support for the zoning change and requested that the tree trimming be continued, the undergrowth be maintained and the fence be extended. Chair Kunkle closed the public hearing.
MOTION

A i Kanel made a motion for approval of REZN-08-11-000005: Waterway Cafe Citymr
Initiated Rezoning. Douglas Pennell seconded. Motion approved unanimously, 7-0.
Member ADDrOVe
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Absent

Craig Kunkle, Chair Douglas Pennell, Vice Chair Barry Present

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Randolph Hansen Michael Panczak Joy Hecht Ami Kanel Donald Krzan, 1st Alternate Joanne Koerner, 2nd Altemate
RECOMMENDATION TO CITY COUNCIL

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E x parte Communication (Public Hearing) 4. MISC-08-IO-000051: 1.A Fitness Piam Miscellaneous Petition. Dodi Glas, agent for

Fairway Shops JV, is requesting approval of a miscellaneous petition for LA Fitness Plaza, formerly known as Shoppes on the Green, to update the plaza’s exterior colors, materials. signage and refresh existing landscaping. The site is located south of PGA Boulevard on the east side of Fairway Drive in PGA National Planned Community District (PCD). Dodi Glas, Gentile, Holloway, O’Mahoney & Associates, presented the petition upgading the center including, materials, colors, architectural features, signage, landscaping, Americans with Disabilities Act (ADA) requirements and the parking lot improvements and paving. Discussion ensued with the Board. Kathryn Wilson, Planner, presented staffs position. No waivers were requested. Staff recommended approval. Discussion of the sign code ensued. Chair Kunkle opened the public hearing. With no one wishing to be heard, the public hearing was closed.
MOTION

Randolph Hansen made a motion for approval of MISC-08-10-000051: LA Fitness Plaza Misccllaneous Petition with the addition that the signage be looked at, addressed and revised as part of the final approval process. Amir b e l seconded. Motion approved Unanimously, 7-0.
Member ADDlOVe
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Absent

Craig Kunkle, Chair Douglas Pennell, Vice Chair Barry Present Randolph Hansen Michael Panczak Joy Hecht Amir Kanel Donald Knan, 1st Alternate Joanne Koerner, 2nd Alternate
RECOMMENDATION TO CITY COUNCIL

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Ex parte Communication (Public Ilcaring) 5. MISC-08-05-000045: Northcorn Comrate Park PCD: Master Simage Promam Amendment. A request by Don Hearing of Cotleur & Hearing, on behalf of NorthCorp Corporate Park Property Owner’s Association, for approval of an amendment to the Master Signaye Program for the Northcorp Corporate Park Planned Community Development (PCD), generally bounded by the Gardens Station PUD to the north, Interstate 95 to the west, Burrs Road to the south, and the FEC Railway to the east. Staffrecommended postponement until the January 13,2009.
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Chair Kunkle opened the public hearing. There were no speakers.
MOTION

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Michael Panczak made a motion for approval of the postponement of MISC-08-05-000045: Northcorp Corporate Park PCD: Master Signage Progam Amendment to January 13,2009. Douglas Pennell seconded. Motion approved unanimously, 7-0.
Member ApDrove
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Absent

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Craig Kunkle, Chair Douglas Pennell, Vice Chair Barry Present Randolph Hansen Michael Panczak Joy Hecht Amir Kanel Donald Krzan, 1st Alternate Joanne Koerner. 2nd Alternate
RECOMMENDATIONTO CITY COUNCIL

N/A N/A

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Ex parte Communication (Public Hearing) 6. LDRA-08-03-000018: Code Amendment to Section 78-159, Table 21, Amending Chart of Permitted Uses. A request by Johnston Group Land Development Consultants, Inc., on behalf of Riverside Drive Investors, LLC (“Applicant”), the owner of property in the MI-A “Light Industrial District” within the City of Palm Beach Gardens, to amend the City’s Land Development Regulations (“LDRs”) in order to allow retail sales to the general public as an accessory use so long as such use is clearly subordinate and customarily associated with the principal use and to allow Instructional Studios and Professional Studios as Minor Conditional Uses in the M-1A Light Industrial District. Michael Sanchez, Johnston Group Land Development Consultants, made the presentation for instructional and professional uses within the MI-A district. Discussion ensued with the Board. Growth Management Irwin recommended approval. Chair Kunkle opened the public hearing. With no one wishing to be heard, the public hearing was closed.
MOTION

Bany Present made a motion for approval of LDRA-08-03-000018: Code Amendment to Section 78-159, Table 21, Amending Chart of Permitted Uses. Amir Kanel seconded. Motion approved unanimously, 7-0.
Member ADDrWe
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Absent

Craig Kunkle, Chair Douglas Pennell, Vice Chair Barry Present Randolph Hansen Michael Panczak Joy Hecht Amir Kanel Donald Krzan, 1st Alternate Joanne Koerner, 2nd Alternate

NIA N/A

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VIII. OLD BUSINESS

Douglas Pennell discussed the out parcels i Shoppes on the Green. Growth n Management Administrator Irwin stated they can still be built on. Growth Management Administrator Irwin stated after reviewing the code, rooftop signs are prohibited. Staff will meet with the petitioner on the LA Fitness signage.
IX. NEW BUSINESS

None.
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IX.

ADJOURNMENT

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There being no further business to come before the Board, Chair Kunkle adjourned the meeting at 8:17 p.m. The next re
APPROVED:

JOY Hk%t

Donald $Crzan, 1 st Alternate
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J o z e Koerner, 2nd Alternate
AlTEsT:

Debbie Andrea Public Information Coordinator
and are not verbatim transcripts of the meeting. All referenced attachments are on file in the Office of the City Clerk. Note:The Public Information Coordinator swore in those preparing to give testimony. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page
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Note: These action minutes are prepared in compliance with 286.011 F.S.

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