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HomeMy WebLinkAboutAgenda PZAB 111417 A G E N D A CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, NOVEMBER 14, 2017 AT 6:00 P.M. COUNCIL CHAMBERS • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ADMINISTER OATH OF OFFICE TO NEW MEMBERS • ROLL CALL • BOARD APPOINTMENTS  Appointment of Chair  Appointment of Vice Chair • BOARD ORIENTATION • ADDITIONS, DELETIONS, MODIFICATIONS • REPORT BY THE DIRECTOR OF PLANNING AND ZONING: NATALIE CROWLEY • APPROVAL OF MINUTES: 10/10/2017 PLANNING, ZONING AND APPEALS BOARD Regular Members: Alternate: Randolph Hansen Debra Canney Carl Sabatello Christopher Oftedal Michael Panczak Marc Cohn C. Steve Lewis John Glidden Roma Josephs C. Steve Lewis Planning, Zoning and Appeals Board November 14, 2017 2 1. Recommendation to City Council (Public Hearing) – QUASI-JUDICIAL HEARING MISC-17-07-000135: Artistry located within Alton PCD revision of perimeter buffer Cross section A request from KH Alton LLC to modify Condition of Approval #7 of Resolution 18, 2017 related to the timing of construction of the perimeter wall and to revise the associated Planned Community Development (PCD) perimeter buffer cross sections located within the Alton Artistry Neighborhood. The subject property is generally located north of Hood Road, south of Donald Ross Road, east of the Florida Turnpike and west of Interstate 95. Project Manager: Erin Kelley, Senior Planner, ekelley@pbgfl.com 2. Recommendation to City Council (Public Hearing) CPSS-17-10-000007: City Initiated Land Use Change from Public to Industrial for a 2.07-acre parcel of land. A City-initiated request for approval of a small-scale Future Land Use Map amendment from Public (P) to Industrial (I) for a 2.07-acre parcel currently being utilized as the City’s Fleet Operations site. The property is located on the south side of Burns Road approximately 300 feet west of the intersection of Alternate A1A and Burns Road. Project Manager: Martin Fitts, Planner, mfitts@pbgfl.com 3. Recommendation to City Council (Public Hearing) – QUASI-JUDICIAL HEARING PPUD-17-08-000043: A City Initiated Rezoning from Public and Institutional to M1A with a PUD for the 2.07-acre Fleet Operations Building A City-initiated request to rezone a 2.07-acre parcel from Public and Institutional (P/I) zoning designation to a Planned Unit Development (PUD) Overlay with a Light Industrial (M1A) underlying zoning designation. The parcel is located on the south side of Burns Road approximately 300 feet west of the intersection of Alternate A1A and Burns Road and is currently being utilized as the City’s Fleet Operations site. Project Manager: Martin Fitts, Planner, mfitts@pbgfl.com 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 Office, no later than five days prior to the proce eding, at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955-8770 (VOICE), for assistance. If a 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 obtained from the files in the Gr owth Management Department. g:\share\administration\pzab agenda\p & z agenda 2017\11.14.2017\pzab agenda 11.14.2017.docx Planning, Zoning Appeals Board Orientation Session PurposeSection 2-146 (a)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. (b)As the construction board of adjustment and appeals,the board shall have the power to hear appeals of the decisions and interpretations of the building official and to consider variances of the technical chapters of the building code as set forth in chapter 86 of the City Code. General Regulations Planning,Zoning and Appeals Board Staff liaison-Natalie Crowley,Director of Planning and Zoning Meetings are once a month.Meetings may be cancelled if thereisinsufficientbusinessfortheboard’s consideration. Meeting Requirements—Attendance Board members shall advise the staff liaison if unable to attend a meeting. The staff liaison notifies the City Clerk of an absence so attendance can be recorded as excused or unexcused. The alternate member is notified that he/she will be sitting as a regular member. Absences for the following reasons are considered excused: Complying with a subpoena in any court. Documented hospitalization of one’s self, spouse, child, sibling or parent. Jury duty. Any member who is absent from three consecutive or more than 25% of regularly scheduled meetings held during any single fiscal year shall be automatically removed. Meeting Requirements Automatic removal of a member shall cause a vacancy to exist in the membership of the board or committee. Member appointments are conducted twice per year, once in April and once in October. A quorum shall consist of 4 members for boards and committees with 7 members. Meeting Requirements All Board Members are expected to: Treat fellow board members and the public with courtesy and respect. Conduct meetings in a professional manner Remember that the public expects the board to demonstrate the competence and skill to conduct a professional meeting. The Chair of the Board will ensure that the public, applicant, petitioner will: Address the board with respect. Keep within the 3 minutes provided for public comment. Quasi-Judicial Hearings The Planning,Zoning and Appeals Board ischargedwithfact-finding and decision-makingresponsibilitiesthatrendertheBoard’s decisionsquasi-judicial. Quasi-judicial hearings involve notice of a publicmeeting,a meeting open to the public at whichtestimonyisgivenandpartieshavetherightofcross-examination.Thereafter,based upon theevidenceandtestimonypresentedtheboardmakesfindingsoffactandrendersadecisionbaseduponthefactsadducedatthehearing.Such decisionsconstituteofficialactsoftheCityandareappealableincircuitcourt. Ex Parte Communications Any communication between a board member and an applicant,or other interested party, which takes place outside of a noticed public meeting,is an ex parte communication.Such communications are considered pre-judicial unless properly disclosed. Before a board takes action on a Quasi-Judicial matter,all members must disclose any ex parte communication as part of the record of the meeting. Voting All members present at a meeting must vote unless there is,or appears to be,a conflict of interest under the Code of Ethics. Voting Conflict –you may not vote on any measure which would inure to your special private gain or loss;or that of any principal by whom you have been retained;or that of any relative or business associate. Voting Conflict –what to do? Make the oral declaration of a conflict. Abstain from voting. File Form 8B with the City Clerk within 15 days –City Clerk will file same with the minutes from that meeting and send a copy to the PBC Commission on Ethics. If you have concerns about a potential conflict of interest,please contact the City Attorney’s Office at 799-4138. Sunshine Law Florida's Sunshine Law is found at Section 286.011 of Florida Statutes. The Sunshine Law applies to both elected and appointed boards including members of the Planning,Zoning and Appeals Board. Sunshine Law Three basic requirements to satisfy: 1.Meetings of public boards must be open to the public. 2.Reasonable notice of the meetings must be given. 3.Minutes of the meetings must be taken. Sunshine Law The Sunshine Law applies to any gathering,whether formal or casual,of two or more members of the same board to discuss any matter on which foreseeable action will be taken by the board. The use of the telephones,written correspondence,and e-mail are subject to the requirements of the Sunshine Law. Public Records Chapter 119, Florida Statutes ***Very broad definition:all papers,letters, maps,books,tapes,photographs,films,sound recordings,made or received in connection with the transaction of official business by any agency.All correspondence and e-mail made or received by a board or committee member in connection with the business of the board or committee are public records. There is no “unfinished business”exception to the public records law. Public Records As a member of the Board,you receive an email address.Emails are received directly in the City Clerk’s office and a copy is provided to all members. All correspondence and e-mail made or received by a member in connection with the business of the board or committee are public records. CITY POLICY-A copy of all correspondence or e-mail received directly by a board or committee member should be forwarded immediately to the City Clerk. Public Records If you receive a request for a public record you should immediately forward that request to the City Clerk’s Office. Ethics and Financial Disclosure Fla.Stat.Chapter 112,the Code of Ethics for Public Officers and Employees applies to members of advisory bodies. Additionally,the City Council established a conflict of interest policy in Resolution 55,1995. Palm Beach County Ethics Ordinance New appointees must complete PBC Ethics Training Ethics Training must be retaken every three years Ethics and Financial Disclosure Members of the Planning,Zoning and Appeals Board must file Financial Disclosure with the Supervisor of Elections.Forms will be mailed to your home. Any Questions? If you have any questions, please contact: Patricia Snider,City Clerk 561-799-4122 or psnider@pbgfl.com *City Attorney mlohman@pbgfl.com or ajorandby@pbgfl.com or Barbara Chabre Legal Assistant 561-799-4138 MISC-17-07-000135 Artistry at Alton PCD Perimeter Buffer Planning, Zoning, and Appeals Board 11/14/17 Subject Request •Miscellaneous Amendment for Modifications related to Artistry in Alton PCD (fka Parcel G) Perimeter Buffer –Modify COA #7 of Development Order (Res. 18, 2017) –timing of construction of perimeter wall –Revise PCD perimeter buffer cross sections Location Project Background •April 1, 2010 –Alton PCD Development Order & Master Plan Approved •November 16, 2016 –Alton PCD Amendment •February 9, 2017 –Development Order and Site Plan of Artistry Neighborhood (fka Parcel G) –206-Acre Site –469 Single-Family Units (density = 2.3 du/ac) –3,290 SF Clubhouse –61-Acres of Upland Preserve Artistry at Alton PCD: Construction Phasing Modification to COA #7 (Res. 18, 2017) 7.Prior to the issuance of the first Certificate of Occupancy, excluding models, the Applicant shall complete submit a permit and begin the construction of the perimeter sound wall. Prior to the issuance of the 50th Certificate of Occupancy, the Applicant shall complete the construction of the perimeter sound wall and associated perimeter wall landscaping around the project. Modification to PCD Landscape Buffer Cross -Section •Includes 16-foot tall sound wall with landscaping –to be removed in specific locations adjacent to preserve areas –corners of site plan Perimeter Wall will extend 150 feet beyond the property line of the nearest residential lots = no negative impacts to residents Recommendation Staff Recommends APPROVAL of MISC-17-07-000135 as presented. Artistry Alton Neighborhood G Palm Beach Gardens, Florida Alton Parcel G Project Team | Professionals •Applicant –Kolter Acquisitions LLC •Planners & Landscape Architects –Cotleur & Hearing Inc. •Civil Engineers –Thomas Engineering •Architects –Affiniti Architects •Environmental Consultant –EW Consultants Alton Parcel G Project Site 469 Single Family Homes Location| Artistry Neighborhood Plan| Parcel G Florida's Turnpike Hood RoadAlton Parcel B Franklin Academy Alton Parcel G Request| MISC Petition 1.Modify Condition of Approval No. 7 in Resolution 18, 2017 relating to the perimeter buffer wall 2.Amend PCD Buffer Cross-sections to remove segments of the perimeter wall in certain areas Alton Parcel G Request| MISC Petition Condition of Approval No. 7 states, “Prior to the issuance of the first C.O.,excluding models,the Applicant shallcompletesubmitapermitandbegintheconstructionoftheperimetersoundwall.Prior to the issuance of the 50th C.O.,theApplicantshallcompletetheconstructionoftheperimetersoundwallandassociatedperimeterwalllandscapingaroundtheproject.” Alton Parcel G Request| MISC Petition •Buffer wall is included in NPBCID’s Unit 2C Plan of Improvement. •Condition changes to 50th C.O. are based on Northern’s estimated timing of design bids, permitting and construction. Alton Parcel G Buffer Wall| Current Location Current Wall Proposed Segments to be Removed adjacent to Preserve Alton Parcel G Buffer Wall| Proposed Location 150’150’ 150’ Alton Parcel G Conclusion| …. We are in agreement with staff’s conditions of approval. Alton Parcel G Conclusion| …. On behalf of Kolter and the entire Alton Team we Thank You. Palm Beach Gardens Fleet Operations Building CPSS-17-10-000007/ PPUD-17-08-000043 Planning, Zoning, and Appeals Board November 14, 2017 Subject Request Amend the Future Land Use for 2-acre parcel from Public (P) to Industrial (I) Revise the Zoning designation from Public and Institutional (P/I) to Planned Unit Development (PUD) with a Light Industrial (M-1A) underlying designation Location Map and History The subject site is located at the southwest corner of the intersection of Burns Road and Ironwood Road. Purchased by the City in September 1968. Currently accommodates the City’s Fleet Management Operations. Operations will be consolidated with remaining Public Works operations when new Public Works Building is built on the eastern edge of the City Hall Municipal Complex. Public Works Building The City has identified a new Public Works Building as one project to be funded by the 1-cent sales surtax. New Public Works Building will be located on the eastern side of the City Hall Municipal Complex After construction, all Public Works operations will be consolidated at one location to provide better service to residents and reduce operating costs. The subject parcel will be sold and funds used for additional capital projects. Existing Conditions Approximately 2 acres Road ingress/egress on Burns Road and Ironwood Road, Right exit only egress on Burns Road. Existing buildings 8,223-square foot main building 1,124-square foot machine shop 849-square foot sign shop Fire truck maintenance building Sheds and concrete storage area Vehicle fueling station with fuel storage tanks Primarily impervious surface Survey Future Land Use Analysis Proposed land use is consistent with the parcels to the north, west, and south No change in use is proposed at this time and the level of service for police, fire, water, and sewer will not be impacted. Traffic analysis shows an overall reduction in the number of trips with a slight increase in peak hour trips. No impact to concurrency. Rezoning Analysis Proposed Zoning—Planned Unit Development (PUD) with a Light Industrial (M-1A) underlying designation. Current uses consistent with M-1A PUD overlay provides for improved redevelopment opportunities. Rezoning Analysis Proposed zoning is consistent with the parcels to the north, west, and south No change in use is proposed at this time. Redevelopment will require site plan approval and concurrency will be reviewed at that time. Rezoning will pose no negative impact on public services. Rezoning maintains the industrial character of the current use and increases the amount of industrial acreage within the City. IPARC notice sent October 26, 2017. No comments received. Newspaper ad in the Palm Beach Post on November 3, 2017 Property posted on October 27, 2017 Public Outreach Staff recommends approval of CPSS-17-10-000007 and PPUD- 17-08-000043 as presented. Staff Recommendation Questions Environmental Analysis Environmental review completed No evidence of Recognized Environmental Concerns on site. No impact to listed plants or species. Environmental Resources Management Wellfield Zone of Influence 4—no restrictions on activities.