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.