HomeMy WebLinkAboutMinutes P&Z 062204PLANNING AND ZONING COMMISSION
REGULAR MEETING
June 22, 2004
MINUTES
The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm
Beach Gardens, Florida, was called to order by Chair Craig Kunkle at 6:30 P.M. in the
Council Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach
Gardens, Florida, and opened with the Pledge of Allegiance to the Flag.
REPORT BY GROWTH MANAGEMENT ADMINISTRATOR
Growth Management Division Director Talal Benothman reported the City Council had
unanimously adopted Ordinance 17, 2004 on June 3, 2003 relating to boards and
committees, and had not included the Planning and Zoning Commission's four
recommendations.
APPROVAL OF MINUTES
Mr. Hansen moved approval of the June 8, 2004 minutes as submitted. Mr. Pennell
seconded the motion, which carried by unanimous 5 -0 vote.
ROLL CALL
Betty Laur, Secretary for the meeting called the roll for the Planning, Zoning and Appeals
Board:
Present
Chairman Craig Kunkle
Vice Chairman Barry Present
Joel Charming
Douglas Pennell
Randolph Hansen
Absent
Dennis Solomon
Michael Panczak
Also in attendance were Growth Management Division Director Talal Benothman, and
Attorney Nancy Stroud, sitting in for City Attorney Christine Tatum.
Chair Kunkle noted that in the future when there was only one City- initiated workshop on
the agenda, it could certainly be deferred to the next meeting.
Workshop:
Petition LDR- 04 -07: City Code Amendment to Section 78 -43, "Review of Applications
or Development Order Approval" and Section 78 -44 "Concurrent Processing"
A City- initiated request to amend the Palm Beach Gardens Code of Ordinances,
Chapter 78 "Land Development'; Section 78 -43, entitled "Review of Applicationsfor
Planning, Zoning, and Appeals Board Meeting Minutes
June 22, 2004
Page 2
Development Order Approval" and Section 78 -44, entitled "Concurrent Processing'
The objective of this amendment is to improve and streamline the review process
relating to mandatory Planning, Zoning and Appeals Board workshops and certain
waiting process and to allow greater flexibility in the considerations to allow for
concurrent processing of development approvals.
Mr. Benothman presented petition LDR -04 -07 and outlined changes to be considered.
Chair Kunkle stated he had no comments, having confidence in staff to decide how they
could best do their work. Boardmember Hansen questioned how staff would decide what
needed to be workshopped. Mr. Benothman explained, using Donald Ross Village PUD
which was approved by City Council last year as an example. This petitioner was
coming in with three petitions, one of which staff considered miscellaneous, which was
to reduce the size of the upland preserve buffer on the east and west sides of the property
because of Seacoast Utility and FP &L requiring additional utility easements. It was Mr.
Benothman's and staff's opinion that did not need to be workshopped, but could be
brought directly before this board for a recommendation. Another of their petitions, a
PUD amendment where they came in with the hotel and other buildings, in staff s
opinion constituted a major change in the PUD so it needed a workshop to hear the
board's comments so the applicant would have had a chance to respond to those before
the public hearing and consideration for a recommendation to City Council. Mr. Hansen
asked if something came to the board that had not been workshopped and the board felt
there were problems if it could go back for a workshop. Mr. Benothman advised it could
be held here until the board was satisfied —if it were a public hearing it could be
continued to another date. Mr. Benothman commented the board could workshop one
petition as many times as they would like. Chair Kunkle commented the board had
continued one of Borland's hearings a couple of times.
Mr. Pennell asked where the number of days for processing came from. Mr. Benothman
explained those had been added during the last update to the City Code in 2000, right
after signing the forbearance agreement, which was the reason for the 23 -day waiting
period because Growth Management had been short- staffed with so many petitions
coming in, and other periods had been established so that applicants could not push staff
to work on their petitions right away, and workshops had been required so applicants
could not request they be immediately considered by City Council.
Mr. Pennell commented there would come a future point when there was not so much
intense growth and the Growth Management staff might not consist of the high quality of
people as now. Mr. Pennell commented some projects took a long time, but in hindsight
it was better not to rush so as to get the best for the City; however, that being said he saw
nothing wrong with the proposed amendments. Mr. Benothman commented the
development community feared staff might get bogged down because of Scripps and the
DRI, but they were fully staffed and still hiring extra staff to deal with applications, and
he believed that would not happen. In the future there would be code changes to allow
staff to approve minor petitions so they would not have to go to City Council, which
Planning, Zoning, and Appeals Board Meeting Minutes
June 22, 2004
Page 3
bogged down their agenda, delayed petitioners, and cost staff time to prepare staff reports
for presentation and submit them a month ahead for legal review.
Administrative approval would streamline the process. Chair Kunkle commented that
would be the next round, not tonight.
Vice Chair Present commented by changing shall to may in "review of applications for
development order approval .... may schedule one or more workshops to review the
application with Planning and Zoning or City Council." Mr. Present asked if there had
always been the option to bypass P &Z and go right to City Council. Mr. Benothman
explained that it was required, and inserting "may" would allow workshops to be
bypassed. Mr. Present commented that was his discomfort, because it was for staff's
protection to have workshops and staff could be criticized for not doing so. Mr.
Benothman advised the petition would still come before the board, only the workshop
portion could be bypassed. Mr. Present felt the wording was not clear. Mr. Present
commented under concurrent processing, his question was changing "has not been the
subject of objection" to "has been the subject of objection" —what happened if it had been
the subject of objection, could the City Council still go to concurrent processing. Mr.
Benothman stated no, not as it stood now, and that was why it was being changed. Mr.
Benothman pointed out it was the law that this board must make a recommendation to
City Council.
Mr. Charming commented since 1985 he had seen this City become the victim of
creeping bureaucracy, and in 1985 when he did his first project here it customarily took
no more than 90 days to get a project through both P &Z and City Council; and little by
little longer periods and delays were added, then workshops were added, and for the last
several years he had heard complaints from developers of how long it took to go through
the process here, and these changes should help that. Also, there were complaints about
how critical the City was of design, which he commented was just too bad —it was
important not to mess up the City. Mr. Channing commented staff must be given more
latitude, and that everything had been negative before Mr. Wu got here. Mr. Channing
related that for a project in West Palm Beach when he wanted to do something different,
Mr. Wu worked there at that time, and had helped Mr. Channing get it done; and staff
should have that kind of latitude. If in the future there were problems, they could be
addressed, but this was a good first step.
OLD BUSINESS
There was no old business to come before the Commission.
NEW BUSINESS
The first Tuesday in August, August 3, was set for a special meeting to review proposed
comprehensive plan amendments.
Planning, Zoning, and Appeals Board Meeting Minutes
June 22, 2004
Page 4
ADJOURNMENT
There being no further business, the meeting was adjourned at 6:55 p.m.
regular meeting will bi
The next
I&z6x, / j-
Barry Present, V' e Chair