HomeMy WebLinkAboutMinutes P&Z 070808I CITY OF PALM BEACH GARDENS
2 PLANNING, ZONING AND APPEALS BOARD
3 REGULAR MEETING
4 JULY 8, 2008
5
6 The July 8, 2008 regular meeting of the Planning, Zoning and Appeals Board of the City of Palm
7 Beach Gardens, Florida, was called to order at 6:30 p.m. in the Council Chambers of the
8 Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, by Vice Chair
9 Douglas Pennell.
10 I. CALL TO ORDER
11
12 II. PLEDGE OF ALLEGIANCE
13
14 III. ROLL CALL
15 The Public Information Coordinator called the roll.
16 Members Present: Douglas Pennell, Vice Chair
17 Randolph Hansen
18 Dennis Solomon
19 Michael Panczak
20 Joy Hecht
21 Donald Krzan, 2nd Alternate
22
23 Members Absent: Craig Kunkle, Chair
24 Barry Present
25 Amir Kanel, 1 st Alternate
26
27 Also Present: Bahareh Wolfs, Development Compliance Manager
28 Nilsa Zacarias, Planning Manager
29 Stephen Mayer, Senior Planner
30 Natalie Wong, Growth Management Consultant
31 R. Max Lohman, Interim City Attorney
32
33 IV. REPORT BY KARA IRWIN, GROWTH MANAGEMENT ADMINISTRATOR
34 Development Compliance Manager Behareh Wolfs requested that Board members return
35 their handbooks at the next PZAB meeting for updating.
36 V. APPROVAL OF MINUTES
37 None.
38 The Public Information Coordinator swore in all those preparing to give testimony.
39 VI. PUBLIC HEARING
40 1. Petition CUMJ -07 -08- 000011- Palm Beach Community Church Dgycare/Preschool
41 Major Conditional Use and Site Plan Approval — A request by Cotleur & Hearing, agent, on
42 behalf of Palm Beach Community Church for approval of a request to allow a Major
43 Conditional Use of a preschool/daycare for a maximum of 85 students within Building G of
44 the Borland Center at Midtown. The approximately 47 -acre Planned Unit Development is
45 located on the north side of PGA Boulevard between Garden Square Boulevard and Shady
46 Lakes Drive.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 1
07-08-08
I • Donaldson Hearing of Cotleur & Hearing, representing the Borland Center for
2 Community Enrichment and Palm Beach Community Church, described the site,
3 history of the project, uses, and explained the request for an 85 student preschool and
4 daycare.
5 • Senior Planner Stephen Mayer gave a presentation explaining the request and stated
6 that staff recommends approval with one condition requiring an annual letter from the
7 preschool stating they have 85 students.
8 • Vice Chair Pennell opened the public hearing. With no public comments the public
9 hearing was closed and the petition was brought back to the Board.
10 • Discussion ensued regarding the drainage grate and playground equipment.
11 MOTION
12 • Joy Hecht made a motion recommending approval to City Council of Petition CUMJ-
13 07 -08- 000011 — Palm Beach Community Church Daycare/Preschool Major Conditional
14 Use and Site Plan Approval with one condition. Randolph Hansen seconded. The
15 motion was approved unanimously, 6 -0.
16 Member Approve Deny Absent
17 Craig Kunkle, Chair ✓
18 Douglas Pennell, Vice Chair ✓
19 Barry Present ✓
20 Randolph Hansen ✓
21 Michael Panczak ✓
22 Dennis Solomon ✓
23 Joy Hecht ✓
24 Amir Kanel (1 st Alt) ✓
25 Donald Krzan (2nd Alt) ✓
26
27 2. Ordinance 12, 2008 — An Ordinance of the City Council of the City of Palm Beach
28 Gardens, Florida, adopting a large scale amendment to its comprehensive development plan
29 in accordance with the mandates set forth in Chapter 163, Florida Statutes, specifically
30 section 163.3 1 84, ET SEQ., Florida Statutes, pursuant to City initiated application No.
31 CPMA- 08 -04- 000008, which provides for an amendment to the City's future land use map
32 designating fourteen (14) parcels of real property comprising approximately two thousand
33 twenty nine (2,029±) acres, more or less, in size as "CONS-conservation"; such parcels of
34 land are located North of Beeline Highway and PGA Boulevard, informally known as the
35 "Loxahatchee Slough and Sandhill Crane Natural Areas"; providing for compliance with all
36 requirements of Chapter 163, Florida Statutes; providing a conflicts clause and a severability
37 clause; providing an effective date; and for other purposes.
38 • Natalie Wong, Growth Management Consultant, stated sign -in sheets were available
39 for each item. The contact information provided will be forwarded to the Department
40 of Community Affairs (DCA).
41 • Natalie Wong explained that she would address Ordinances 12, 16 and 17 in her
42 presentation, but each was a public hearing and would be voted on separately.
43 • An explanation of the difference between large scale and small scale amendments to
44 the Comprehensive Development Plan and the appropriate land use and zoning
45 designations were given.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page
07-08-08
I
•
The 14 parcels were grouped into three bundles and the area locations and
2
descriptions were provided.
3
•
The Loxahatchee Slough area was described.
4
•
The proposed Comprehensive Plan Amendment is consistent with the overall goals,
5
objectives and policies of the City's Comprehensive Plan.
6
•
The plan was sent to the Intergovernmental Plan Amendment Review Committee
7
(IPARC), with no comments received to date. The Transmittal Hearing is scheduled
8
to go before the City Council on August 21, 2008. The Large Scale Amendment will
9
then be transmitted to the DCA for review. It is expected to come back and be
10
submitted for adoption in November.
11
•
The zoning designations will be modified to be consistent with the Comprehensive
12
Plan designations.
13
•
The Land Use Map designation is compatible with both the surrounding areas and the
14
City's Vision Plan.
15
•
Staff recommends approval.
16
•
Vice Chair Pennell opened the public hearing.
17
•
George Mitchell, 11854 150th Court North, Jupiter, questioned the land use
18
designation for property bordering his.
19
•
Vice Chair Pennell closed the public hearing and brought the petition back to the
20
Board.
21
MOTION
22
•
Randolph Hansen made a motion recommending approval to City Council of Petition
23
CPMA- 08 -04- 000008 — Large Scale Land Use Amendment for the Loxahatchee Slough
24
Natural Area. Michael Panczak seconded. The motion was approved unanimously, 6 -0.
25
Member Approve Deny Absent
26
Craig Kunkle, Chair ✓
27
Douglas Pennell, Vice Chair ✓
28
Barry Present ✓
29
Randolph Hansen ✓
30
Michael Panczak ✓
31
Dennis Solomon ✓
32
Joy Hecht ✓
33
Amir Kanel (1 st Alt) ✓
34
Donald Krzan (2nd Alt) ✓
35
36 3. Ordinance 16, 2008 — An Ordinance of the City Council of the City of Palm Beach
37 Gardens, Florida, adopting a small scale amendment to its comprehensive development
38 plan in accordance with the mandates set forth in Chapter 163, Florida Statute,
39 specifically section 163.3 187 (1)(c), ET SEQ., Florida Statutes, pursuant to City initiated
40 application No. CPMA- 08 -06- 000010, which provides for an amendment to the City's
41 Future Land Use Map designating one (1) parcel of real property comprising
42 approximately one and 37/100 (1.37±) acres, more or less, in size as "(C) Commercial";
43 such parcel of land is located at the Northeast corner of Northlake Boulevard and
44 Congress Avenue, informally known as the "Northlake Congress Commercial Center";
45 providing for compliance with all requirements of Chapter 163, Florida Statutes;
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 3
07-08-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
providing a conflicts clause and a severability clause; providing an effective date; and for
other purposes.
• Natalie Wong described the property being considered.
• The plan was sent to the Intergovernmental Plan Amendment Review Committee
(IPARC), with no comments received to date. The notice requirement has been met,
an advertisement published in the newspaper and the property owners within 500 feet
have been notified. The plan is scheduled to go before the City Council on August 21,
2008. The Small Scale Amendment will then go before the City Council for the
second reading in September and will be adopted approximately 31 days later.
• A letter has been received from the property owner, Northlake Venture, LLC, in
support of the City- initiated petition.
• Staff recommends approval of Petition CPMA- 08 -06- 000010.
• Vice Chair Pennell opened the public hearing.
• Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, stated her concern for
changing the zoning from residential medium to commercial.
• Vice Chair Pennell closed the public hearing and brought the petition back to the
Board.
MOTION
• Michael Panczak made a motion recommending approval to City Council of Petition
CPMA- 08 -06- 000010 — Small Scale Land Use Amendment for the " Northlake
Congress Commercial Center." Randolph Hansen seconded. The motion was approved
unanimously, 6 -0.
Member Approve Deny Absent
Craig Kunkle, Chair ✓
Douglas Pennell, Vice Chair ✓
Barry Present ✓
Randolph Hansen ✓
Michael Panczak ✓
Dennis Solomon ✓
Joy Hecht ✓
Amir Kanel (1 st Alt) ✓
Donald Krzan (2nd Alt) ✓
4. Ordinance 17, 2008 — An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida, adopting a small scale amendment to its Comprehensive Development
Plan in accordance with the mandates set forth in Chapter 163, Florida Statutes,
specifically section 163.3 187 (1)(c), ET SEQ., Florida Statutes, pursuant to City initiated
application No. CPMA- 08 -06- 000009, which provides for an amendment to the City's
Future Land Use Map designating one (1) parcel of real property comprising
approximately one and 50/100 (1.50±) acres, more or less, in size as "(C) Commercial ";
such parcel of land is located on the South side of PGA Boulevard approximately 1/4 mile
East of Prosperity Farms Road, informally known as the "Waterway Cafd Restaurant ";
providing for compliance with all requirements of Chapter 163, Florida Statutes;
providing a conflicts clause and a severability clause; providing an effective date; and for
other purposes.
• Natalie Wong described the property being considered.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
07-08-08
Page 4
I • The plan was sent to the Intergovernmental Plan Amendment Review Committee
2 (IPARC), with no comments received to date. The notice requirement has been met,
3 an advertisement was published in the newspaper and the property owners within 500
4 feet have been notified. The plan is scheduled to go before the City Council on
5 August 21, 2008. The Small Scale Amendment will then go before the City Council
6 for the second reading in September and will adopted approximately 31 days later.
7 • Letters of support have been received from neighboring properties.
8 • Staff recommends approval of Petition CPMA- 08 -06- 000009.
9 • Vice Chair Pennell opened the public hearing. With no one wishing to speak, Vice
10 Chair Pennell closed the public hearing and brought the petition back to the Board.
11 MOTION
12 • Joy Hecht made a motion recommending approval to City Council of Petition CPMA-
13 08 -06- 000009 — Small Scale Land Use Amendment for the "Waterway Caf6
14 Restaurant." Donald Krzan seconded. The motion was approved unanimously, 6 -0.
15 Member Approve Deny Absent
16 Craig Kunkle, Chair ✓
17 Douglas Pennell, Vice Chair ✓
18 Barry Present ✓
19 Randolph Hansen ✓
20 Michael Panczak ✓
21 Dennis Solomon ✓
22 Joy Hecht ✓
23 Amir Kanel (1 st Alt) ✓
24 Donald Krzan (2nd Alt) ✓
25
26 5. CPTA- 08 -06- 000013 — City - Initiated Evaluation and Appraisal Report (EAR) -Based
27 Comprehensive Plan Amendments. — A City - initiated request for amendments to the
28 Future Land Use, Transportation, Housing, Infrastructure, Coastal Management,
29 Intergovernmental Coordination, Public Safety, Public School Facilities, and Economic
30 Development Elements of the City's Comprehensive Plan, providing for the EAR -based
31 amendments.
32 • Planning Manager Nilsa Zacarias thanked those who suggested changes to the EAR
33 during the workshops.
34 • Planning Manager Zacarias and Senior Planner Stephen Mayer presented the
35 elements of the EAR -based Comprehensive Plan Amendment for review.
36 • Vice Chair Pennell opened the public hearing.
37 • Eileen Tucker, Shady Lakes, asked if the streetlight coordination within the City can
38 be adjusted to keep traffic flowing and requested that studies addressed in the EAR be
39 coordinated.
40 • Carolyn Chaplik, 715 Hudson Bay Drive, commented on designated parking spaces
41 for motor scooters, the availability of work force housing, population density and the
42 resulting traffic.
43 • Ken Tuma, Urban Design Studio, 477 S Rosemary Avenue, Unit 225, West Palm
44 Beach, stated he favors granny flats and agrees the Tri-Rail Station should be located
45 at Donald Ross Road.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 5
07.08.08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 VIII.
27
28
29 IX.
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
• Vice Chair Pennell closed the public hearing and brought the petition back to the
Board.
a Discussion ensued among Board members. Specific points are available in the audio
record.
MOTION
• Dennis Solomon made a motion recommending approval to City Council of Petition
CPTA- 08 -06- 000013 — City - initiation Evaluation and Appraisal Report (EAR) based
upon the Comprehensive Plan Amendments and asked that staff take into account
generally the comments made by Board members. Donald Krzan seconded. Randolph
Hansen asked that staff consider the comments before recommendation to City Council
or that they incorporate, if at all possible, the suggestions that have been made. Those
with specific consensus should be incorporated but others should be left to staff
discretion. The Board agreed that the comments should be considered an amendment.
The motion was approved unanimously, 6 -0.
Member Approve Deny Absent
Craig Kunkle, Chair ✓
Douglas Pennell, Vice Chair ✓
Barry Present ✓
Randolph Hansen ✓
Michael Panczak ✓
Dennis Solomon ✓
Joy Hecht ✓
Amir Kanel (1 st Alt) ✓
Donald Krzan (2nd Alt) ✓
OLD BUSINESS
• None.
NEW BUSINESS
• None.
(The remainder of this page intentionally left blank.)
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 6
07.08.08
I X. ADJOURNMENT
2 There being no further business
3 meeting at 8:34 p.m. The next red
4
5 APPROVED:
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Craig Kunkle,
before the Board, Vice Chair Pennell adjourned the
ing will be held July 22, 2008.
Douglas Pennell, Vice Chair
Barry Present
Amir Kanel, 1 st Alternate
Donald Krzan, 2nd Alte a
ATTEST:
Deborah Andrea
Public Information Coordinator
Note: These action minutes are prepared in compliance with 286.011 F.S. 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 7
07-08-08