HomeMy WebLinkAboutMinutes PZAB 061323CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
June 13, 2023
6 I. CALL TO ORDER
7 The regular meeting was called to order at 6:00 p.m. by Chair Hansen.
8 II. PLEDGE OF ALLEGIANCE
9 III. ROLL CALL
10 Members Present:
11 Chair Randolph Hansen, Vice Chair Timothy Coppage, Erez Sela, Christopher Oftedal, Robert
12 Savel, Zachary Seth Mansfield, and Charles Millar.
13 Members Absent: None.
14 Also Present: City Attorney, R. Max Lohman; Director of Planning and Zoning, Natalie Crowley;
15 Assistant Planning and Zoning Director, Joann Skaria; Principal Planner, Brett Leone; Planner, John
16 Stout.
17 IV. ADDITIONS, DELETIONS, MODIFICATIONS
18 None.
19 V. REPORT BY DIRECTOR OF PLANNING AND ZONING: NATALIE CROWLEY
20 Director of Planning and Zoning, Natalie Crowley reported on the agenda items that were approved
21 at the June 1, 2023, City Council meeting: Ordinance 3, 2023, City -initiated Comprehensive Plan
22 Amendment to modify the Transit Oriented Development (TOD) boundaries and the Marina District
23 Overlay, Ordinance 4, 2023, a City -initiated Land Development Regulations Amendment for the
24 Workforce Housing Program, Ordinance 7, 2023 and companion Ordinance 8, 2023 with Resolution
25 25, 2023, a Land Use Amendment, rezoning and site plan for the SCI Funeral Services cemetery
26 expansion, Resolution 28, 2023, the modification for the DiVosta Towers signage, and Resolution 31,
27 2023, the site plan for Avenir Pod 21 for 204 single-family units.
28 VI. APPROVAL OF MINUTES
29 Board Member Savel made a motion to approve the May 9, 2023, meeting minutes.
30 Board Member Mansfield seconded.
31 Motion passed 7-0.
32 Chair Hansen read the following into the record:
33 Comments from the public: Please submit a comment card to the Agenda Coordinator prior to the
34 commencement of the public hearing(s). You will be called to the podium where you will state your
35 full name and address and be given three (3) minutes to address the Board.
36 VII. PUBLIC HEARINGS
37 Those preparing to give testimony were sworn in.
38 1. Recommendation to City Council (Public Hearing) - QUASI-JUDICIAL HEARING
39 PUDA-23-02-000086 - Donald Ross Village requests a PUD Amendment for a new 7,000 SF
40 two story professional office building within the existing outparcel
41 A request for a Planned Unit Development (PUD) Amendment to construct a new 7,000-square-
42 foot office building with associated parking lot modifications and landscaping within the Donald
43 Ross Village PUD. The Donald Ross Village PUD is located on the south side of Donald Ross Road
44 and bound by Central Boulevard on the west and North Military Trail on the east.
45 Chair Hansen opened the public hearing.
46 Chair Hansen asked for ex parte communication for Item 1 PUDA-23-02-000086.
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06-13-23
I All Board Members declared ex parte communication for having met with staff during separate
2 agenda review meetings.
3 Chair Hansen spoke with the applicant and staff on the project.
4 Petitioner presentation: Nicole Plunkett, Cotleur & Hearing; Derek Brock, Brock Development
5 Corporation.
6 Staff presentation: None.
7 Staff recommended approval of PUDA-23-02-000086 - Donald Ross Village requests a PUD
8 Amendment for a new 7,000 SF two story professional office building within the existing
9 outparcel.
10 Public comment: None.
11 Chair Hansen brought the item back for discussion. Discussion ensued.
12 Chair Hansen closed the public hearing.
13 Board Member Coppage made a motion to recommend to City Council PUDA-23-02-000086 -
14 Donald Ross Village requests a PUD Amendment for a new 7,000 SF two story professional office
15 building within the existing outparcel.
16 Board Member Mansfield seconded.
17 Motion passed 7-0.
18 2. Recommendation to City Council (Public Hearing) - QUASI-JUDICIAL HEARING
19 PCDA-23-03-000046 - Avenir requests a PCD Amendment to amend Parcel A boundary and
20 add dog park locations to the master plan
21 A request from Avenir Development, LLC for a Planned Community Development (PCD)
22 Amendment to modify internal development parcel boundaries within the PCD, identify locations
23 for community dog parks, and update the Development Standards for the Avenir PCD. The Avenir
24 PCD is generally located on the north side of Northlake Boulevard, east of Grapeview Boulevard,
25 west of Bay Hill Drive, and south of Beeline Highway.
26 Chair Hansen opened the public hearing.
27 Chair Hansen asked for ex parte communication for Item 2 PCDA-23-03-000046.
28 All Board Members declared ex parte communication for having met with staff during separate
29 agenda review meetings.
30 Petitioner presentation: Ken Tuma, Urban Design Studio.
31 Staff presentation: None.
32 Staff recommended approval of PCDA-23-03-000046 - Avenir requests a PCD Amendment to
33 amend Parcel A boundary and add dog park locations to the master plan.
34 Public comment: None.
35 Chair Hansen brought the item back for discussion. Discussion ensued.
36 Chair Hansen closed the public hearing.
37 Board Member Mansfield made a motion to recommend to City Council PCDA-23-03-000046 -
38 Avenir requests a PCD Amendment to amend Parcel A boundary and add dog park locations to
39 the master plan.
40 Board Member Oftedal seconded.
41 Motion passed 7-0.
42 3. Recommendation to City Council (Public Hearing) - QUASI-JUDICIAL HEARING
43 SPLN-22-11-000064 - Panther National requests site plan approval for the golf maintenance
44 facility
45 A request by Centaur (Palm Beach) Owner LLC for site plan approval to allow the development
46 of a golf course maintenance facility on an 11.52-acre parcel within the Panther National Master
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06-13-23
I Plan. The Panther National community is located in the northwest portion of the development area
2 of the Avenir Planned Community Development (PCD) that is generally located on the north side
3 of Northlake Boulevard, east of Grapeview Boulevard, west of Bay Hill Drive, and south of
4 Beeline Highway.
5 Chair Hansen opened the public hearing.
6 Chair Hansen asked for ex parte communication for Item 3 SPLN-22-11-000064.
7 All Board Members declared ex parte communication for having met with staff during separate
8 agenda review meetings.
9 Petitioner presentation: George Missimer, Cotleur & Hearing.
10 Staff presentation: None.
11 Staff recommended approval of SPLN-22-11-000064 - Panther National requests site plan
12 approval for the golf maintenance facility.
13 Public comment: None.
14 Chair Hansen brought the item back for discussion. Discussion ensued.
15 Chair Hansen closed the public hearing.
16 Board Member Millar made a motion to recommend to City Council SPLN-22-11-000064 -
17 Panther National requests site plan approval for the golf maintenance facility.
18 Board Member Savel seconded.
19 Motion passed 7-0.
20 4. Recommendation to City Council (Public Hearing) - QUASI-JUDICIAL HEARING
21 SPLN-22-12-000065 - Avenir requests a site plan approval for Pod 16, an age -restricted
22 community consisting of 491 units
23 A request by Avenir Development, LLC for site plan approval to allow the development of a 491-
24 lot residential age -restricted single-family home subdivision on approximately 150.32 acres (known
25 as Pod 16) within the residential district (Parcel A) of the Avenir Planned Community Development
26 (PCD). Pod 16 is generally located northwest of the intersection of Avenir Drive and Panther
27 National Boulevard.
28 Chair Hansen asked for ex parte communication for Item 4 SPLN-22-12-000065.
29 All Board Members declared ex parte communication for having met with staff during separate
30 agenda review meetings.
31 Chair Hansen opened the public hearing.
32 Petitioner presentation: Ken Tuma, Urban Design Studio.
33 Staff presentation: None.
34 Staff recommended approval of SPLN-22-12-000065 - Avenir requests a site plan approval for
35 Pod 16, an age -restricted community consisting of 491 units.
36 Public comment: None.
37 Chair Hansen brought the item back for discussion. Discussion ensued.
38 Chair Hansen closed the public hearing.
39 Board Member Sela made a motion to recommend to City Council SPLN-22-12-000065 - Avenir
40 requests a site plan approval for Pod 16, an age -restricted community consisting of 491 units.
41 Board Member Mansfield seconded.
42 Motion passed 7-0.
43 5. Recommendation to City Council (Public Hearing) - QUASI-JUDICIAL HEARING
44 PCDA-23-05-0001 - Avenir requests to modify the PCD Master Plan
45 A request by Avenir Development, LLC for a Planned Community Development (PCD)
46 Amendment to relocate Parcel C (Economic Development Parcel) to northwest of the intersection
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I of Coconut Boulevard and Northlake Boulevard, relocate 500,000 square feet of Professional Office
2 (PO) from Parcel D (Workplace) to Parcel C, and modify internal development parcel boundaries
3 within the PCD. The Avenir PCD is generally located on the north side of Northlake Boulevard,
4 east of Grapeview Boulevard, west of Bay Hill Drive, and south of Beeline Highway.
5 Chair Hansen opened the public hearing.
6 Chair Hansen asked for ex parte communication for Item 5 PCDA-23-05-0001.
7 All Board Members declared ex parte communication for having met with staff during separate
8 agenda review meetings.
9 Petitioner presentation: Ken Tuma, Urban Design Studio.
10 Staff presentation: None.
11 Staff recommended approval of PCDA-23-05-0001 - Avenir requests to modify the PCD Master
12 Plan.
13 Public comment: None.
14 Chair Hansen closed the public hearing.
15 Chair Hansen brought the item back for discussion. Discussion ensued.
16 Board Member Oftedal made a motion to recommend to City Council PCDA-23-05-0001 -
17 Avenir requests to modify the PCD Master Plan.
18 Board Member Savel seconded.
19 Motion passed 7-0.
20 6. Recommendation to City Council (Public Hearing)
21 LDRA-23-05-0001 - City -initiated Land Development Regulation Amendment to prohibit
22 adult arcades and/or internet cafes
23 Amending the City's Land Development Regulations in order to prohibit the public nuisance of
24 adult arcades and/or internet cafes by amending the list of permitted uses, minor and major
25 conditional uses, and prohibited uses and to prohibit the use and/or possession of simulated
26 gambling devices and to provide penalties for same.
27 Chair Hansen opened the public hearing.
28 Petitioner presentation: Not applicable.
29 City Attorney, R. Max Lohman provided explanation.
30 Staff recommended approval of LDRA-23-05-0001 - City -initiated Land Development Regulation
31 Amendment to prohibit adult arcades and/or internet cafes.
32 Public comment: None.
33 Chair Hansen brought the item back for discussion. Discussion ensued.
34 Chair Hansen closed the public hearing.
35 Board Member Savel made a motion to recommend to City Council LDRA-23-05-0001 - City-
36 initiated Land Development Regulation Amendment to prohibit adult arcades and/or internet cafes.
37 Board Member Mansfield seconded.
38 Motion passed 7-0.
39 VIII. OLD BUSINESS
40 None.
41 IX. NEW BUSINESS
42 Board Member Oftedal inquired if there are new laws that might impact the City of Palm Beach
43 Gardens with the Florida legislative session ending.
44 City Attorney, R. Max Lohman provided the status and explained significant legislation that could
45 affect home rule of a municipality. Senate Bill 170 — Local Ordinances restricts a municipality's
46 zoning ability by requiring a cost -benefit analysis when changing land development regulations and
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06-13-23
I provides for a private clause of action allowing businesses to sue local governments if they were
2 negatively impacted. This law would become effective October 1, 2023, if the bill is signed by the
3 Governor. The Live Local Act (Senate Bill 102) will take effect on July 1, 2023. Referencing
4 Florida Statutes Section 768.28(5), a change to the limited waiver of sovereign immunity did not
5 go anywhere, and the existing cap on a government's liability for a tort claim remains in place,
6 specifically $200,000 per person or $300,000 per occurrence.
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X. ADJOURNMENT
Chair Hansen adjourned the meeting at 7:30 p.m.
The next regular meeting will be held on July 11, 2023.
Approved:
Randolph Hansen, Chair
Timothy
Erez
ATTEST:
jo� �c2k-
Patricia Snider, C MC
City Clerk
Vice Chair
Note: these minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
meeting. A verbatim audio recording is available from the Office of the City Clerk.
All referenced attachments on file in the Office of the City Clerk.
Note: all those preparing to give testimony were sworn in.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
06-13-23
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