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HomeMy WebLinkAboutMinutes P&Z 071304PLANNING AND ZONING COMMISSION REGULAR MEETING July 13, 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 Administrator Charles Wu reported the Frenchman's Clubhouse Facility amendment was approved by City Council on 6 -17, 5 -0. The Regional Center DRI Notice of Proposed Change was approved 4 -1 by City Council. PGA National Resort expansion of hotel was approved 3 -2 by City Council with not having trees on top of the garage. The Legacy Place site plan was approved by unanimous 5 -0 vote by City Council on 7/1/04. APPROVAL OF MINUTES Mr. Present moved approval of the June 22, 2004 minutes as submitted. Mr. Panczak 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 Dennis Solomon Douglas Pennell Michael Panczak Absent Joel Charming Randolph Hansen Also in attendance were Growth Management Administrator Charles Wu, Growth Management Division Director Talal Benothman, Planner Autumn Sorrow, and Attorney Nancy Stroud, sitting in for City Attorney Christine Tatum. All those intending to speak were sworn in. Public Hearinz and Recommendation to City Council: Petition CU- 04 -01: Conditional Use Approval -Seacoast Utility Authority PGA WWTP Planning, Zoning, and Appeals Board Meeting Minutes July 13, 2004 Page 2 A request by Anne Booth of Urban Design Studio, agent for Seacoast Utility Authority, for approval of an expansion to a previously approved Conditional Use to allow the existing Seacoast Utility Authority Waste Water Treatment Plant facility at Mirasol to upgrade and expand its current operations. The 126 -acre site is generally located at the intersection of Nursery Lane and Jog Road, bordered to the north by Mirabelle. Planner Autumn Sorrow presented the staff report. Chair Kunkle noted that the consequences of not going forward with this request would be horrible. Vice Chair Present disclosed he had met with the applicant and discussed chlorine. On behalf of the applicant, Anne Booth indicated the improvements were necessary to expand the plant to be able to operate for a number of years and provide additional improved services as the utility's service area continues to grow, and that this was needed by the community as a whole. Mr. Solomon asked if any other government agencies were required to approve, to which Ms. Booth responded that the Department of Environmental Protection was currently in the process of approval, and that South Florida Water Management District must also approve. Ms. Booth advised there were no violations that were causing this to take place at the present time. Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle declared the public hearing closed. MOTION: Mr. Solomon made a motion to recommend to City Council approval of Petition CU- 04 -01. Mr. Panczak seconded the motion, which carried by unanimous 5 -0 vote. Public Hearing and Recommendation to City Council Petition: LDR -04 -01 10rdinance 28, 2004: City Code Amendment to Section 78 -751, Code of Ordinances entitled "Definitions" and Section 78 -159, Code of Ordinances entitled "Permitted Uses, Conditional, and Prohibited Uses" A request by Mike Everett of Merin, Hunter, Codman, Inc., to amend the Palm Beach Gardens Code of Ordinances, Chapter 78 Land Development ", Section 78 -751, entitled "Definitions" and Section 78 -159, entitled "Permitted Uses, Conditional, and Prohibited Uses': The objective of the amendment is to allow for satellite colleges or universities to be located within the Professional Office (PO), General Commercial 1 (CGI), General Commercial 2 (CG2), Research and Light Industrial (MI), Light Industrial (MIA), and Public or Institutional (PII) zoning districts as a conditional use. Planner Autumn Sorrow presented the staff report. Mr. Panczak asked how the satellite campuses at NorthCorp had been classified, to which the response was they were allowed by code. Mr. Present asked if an activity would have to allowed by variance, to which the response was affirmative. Planning, Zoning, and Appeals Board Meeting Minutes July 13, 2004 Page 3 Mike Everett, Fairway Office Center, explained they were prepared to lease their site to University of Phoenix for both day and evening classes but primarily evening classes, and explained that the university had another campus in Ft. Lauderdale. Mr. Solomon asked staff if in the language "day and evening educational classes" that "and" could be changed to "and /or" in case there were no daytime classes. Mr. Wu agreed that was a good suggestion. Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle declared the public hearing closed. MOTION: Mr. Present made a motion to recommend to City Council approval of Petition LDR -04 -01 /Ordinance 28, 2004. Mr. Pennell seconded the motion. Mr. Solomon requested an amendment to the motion to change "and" to "and /or" as discussed. Both Mr. Present and Mr. Pennell indicated that amendment was acceptable to them. Motion carried by unanimous 5 -0 vote. Public Hearing and Recommendation to City Council Petition: LDR -04 -07 10rdinance 29, 2004: City Code Amendment to Section 78 -43, entitled "Review ofApplications for Development Order Approval ", and Section 78 -44, entitled "Concurrent Processing" A City- initiated request to amend the Palm Beach Gardens Code of Ordinances, Chapter 78 `Land Development ". Section 78 -43, entitled "Review ofApplications for 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 periods for public hearings and workshops and to allow greater flexibility in the review of concurrent processing applications. Planner Autumn Sorrow presented the staff report changes since the June 22, 2004 workshop, including deletion of the word `elimination' and the changes shown on tonight's handout under Section 78 -42 Concurrency Required and Section 78 -46 Application Procedures. Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle declared the public hearing closed. MOTION: Mr. Pennell made a motion to recommend to City Council approval of Petition LDR -04 -07 /Ordinance 29, 2004 as presented plus the additional items in Section 78- 42 and Section 78 -46 as noted. Mr. Panczak seconded the motion, which carried by unanimous 5 -0 vote. Planning, Zoning, and Appeals Board Meeting Minutes July 13, 2004 Page 4 OLD BUSINESS There was no old business to come before the Commission. NEW BUSINESS Vice Chair Present asked about the possibility of holding a joint meeting with City Council regarding Scripps so the members of this Board could be briefed and issues could be discussed with the Board's input, to give City Council the benefit of P &Z's comments for the future. Mr. Wu advised that August 3 was the first in a series of meetings on the Vavrus property. Mr. Wu announced that very shortly all the members of the Board would receive applications for the Board in the mail, with a deadline, and appointments were anticipated sometime in September. Mr. Panczak noted he had received the application and that August 2 was the deadline. Planning, Zoning, and Appeals Board Meeting Minutes July 13, 2004 Page 5 ADJOURNMENT There being no further business, the meeting was adjourned at 7:01 p.m. The next regular meeting will be held July 27, 2004. APPROVED: Betty Laur, ecretary for the Meeting