Loading...
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