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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