HomeMy WebLinkAboutMinutes P&Z 082404PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
August 24, 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 City Council had approved
by 4 -0 vote on August 19 the following cases: Seacoast Utility at Jog Road within
Mirasol PCD, Gardens Mall expansion, code changes to allow increased fence heights for
tennis courts and ball parks, elimination of Victoria Falls Boulevard from the city's
thoroughfare plan and transmission to DCA, allowing satellite colleges in various zoning
districts, and streamlining the development approval process.
APPROVAL OF MINUTES
Mr. Hansen moved approval of the August 10, 2004 minutes with correction of a
typographical error "120 10 150" to "120 to 150 ". Mr. Pennell seconded the motion,
which carried by unanimous 7 -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
Jocl Channing
Dennis Solomon
Douglas Pennell
Randolph Hansen
Michael Panczak
Public Hearinz and Recommendation to City Council:
Petition CP -04 -07
Absent
Planning, Zoning, and Appeals Board Meeting Minutes
August 24, 2004
Page 2
Text Amendment: City - initiated request for the transmittal of anew economic
Development Flement to be included as an optional element within the City's
Comprehensive Plan.
Economic Development/Marketing Administrator Delores Key presented the proposed
amendment.
Mr. Solomon questioned whether governmental action depended on the cluster concept in
objective 13.1.1, and whether the word "cluster" should be deleted in case only one
company came into the community. In Policy 13.1.1.2, Mr. Solomon recommended
changing "The City shall assist the retention" to The City shall assist in the retention... ".
In Policyl3.1.1.4, Mr. Solomon commented rather than the City allocating acreage, in its
zoning/land use plan it would set land use limits and requirements, so this language
needed a little tweaking. In Policy 13.1.1.6 Mr. Solomon recommended stating
"relocation into the City" instead of "expansion and relocation ". Ms. Key gave examples
of businesses that were expanding and explained that was why that language had been
used; and the relocation aspect was for a company not in the City to come into the City.
Mr. Solomon expressed concern that a value -added company might change its rate
structure and after coming into the City, lower pay to the point it would no longer be a
value -added employer. Ms. Key explained the criteria for value -added companies was
based on at least a 5 -year track record of maintaining that level of jobs and the City
would be partnering with other agencies that had strict guidelines to receive monies. In
Policy 14.1.4.2, Mr. Solomon requested adding "and education ". In Objective 13.1.5,
Mr. Solomon recommended replacing "attracting target industries" with "attracting and
or maintaining ". In Policy 13.1.5.2 , Mr. Solomon recommended softening the language
to something like "the City shall seek to accommodate reasonable balanced growth ", to
which Ms. Key responded she would consult the City's legal counsel.
Vice Chair Present commented on Policy 13.1.5.2 regarding the ability of attainable
housing, and asked if expediting plans for affordable housing builders could be done.
Ms. Key indicated a differentiation needed to be made between affordable and attainable
housing. Ms. Present wanted to really do something for builders who were attempting to
build attainable housing and asked that Mr. Wu look into this. Mr. Present asked what
dedication of land space meant, to which Ms. Key responded the City needed to look at
their remaining land to see if it would be better to rezone residential as commercial or
value- added. Mr. Present suggested expanding that to think about redevelopment, and to
start thinking about the City land - banking land to meet the needs of this economic plan.
Mr. Pennell commented the objectives were very well done and the two most difficult
were education and what could really be done to create attainable housing. Analysis
must be done to assess the current situation and come up with a strategy to make public
education better and to look at intensity for establishing attainable housing.
Mr. Hansen concurred with the other comments, and commented this was looked at
before Scripps, but Ms. Key indicated it was the assumption at this time Scripps would
Planning, Zoning, and Appeals Board Meeting Minutes
August 24, 2004
Page 3
go on the Mecca site and a scientific community would be built. Mr. Hansen asked how
the expedited permitting would affect smaller projects versus these larger value added
business projects. Mr. Wu responded it would put these projects on top. That was the
only incentive the City had to offer.
Mr. Panczak asked how to police value added businesses, to which Ms. Key responded
random audits would be done. Mr. Panczak suggested replacing "cluster" with
"cluster /ancillary" in the objective discussed by Mr. Solomon; Mr. Solomon agreed.
Chair Kunkle declared the public hearing open. Hearing no comments from the public,
Chair Kunkle declared the public hearing closed.
Mr. Solomon asked if changes were going to be made to the plan. Ms. Key commented
she would make the recommended changes, but felt items such as attainable housing
should be separate elements to be considered later.
MOTION:
Mr. Solomon made a motion to recommend to City Council approval of Petition CP-
04-07 with the changes recommended without enumerating each one. Vice Chair
Present seconded the motion, which carried by unanimous 7 -0 vote.
Public Hearing and Recommendation to City Council:
Petition: LDR -04 -03
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, relating
to administrative approvals, amending Section 78 -48, code of Ordinances entitled "Site
Plan Review "; amending Section 78 -49, code of Ordinances entitled "Amendments to
Approved Development Orders'
Planner Autumn Sorrow presented the proposed amendments.
Mr. Hansen indicated he did not know if 5% additional setback would work, and
suggested up to 10 %. Mr. Present was in favor, but thought this would open the
department to criticism and heat, and would snake it harder in the future not to grant
variances. Mr. Solomon agreed, and was in favor of the concept of the proposed change
but thought it might not always be a good idea. Mr. Solomon asked if the language
stricken through in Sec. 78 -48 item (2) meant the Growth Management Director would
have authority to make changes. Ms. Sorrow responded no, that anything above 10%
would require a waiver, which must be approved by Council. Mr. Solomon stated this
dealt with changing use or occupancy, and changing a use might not be minor in nature,
and he would not want that included in what could be granted by the Growth
Management Director. Mr. Solomon asked what it meant that on page 3, line 5 that
paragraph was stricken. Mr. Wu responded it would not be a major amendment that the
board would see, which left it to the Growth Management Director's authority. Mr. Wu
indicated this was stricken because staff did not consider it to be necessary. This
Planning, Zoning, and Appeals Board Meeting Minutes
August 24, 2004
Page 4
language was in regard to increase in floor space, and that would normally increase
traffic, which came before the board automatically, and was covered elsewhere. The
increase in density was noted; if it was a decrease in density it would be a minor change.
A change in architecture would be out of character and therefore a major change, which
the board would see.
Mr. Channing commented this was very good, and asked if this was liberal enough. He
had had experience with complicated long -term projects. Mr. Channing asked what it
meant to relocate 5 %, to which the response was to literally take part of a building and
move it somewhere else. Mr. Channing verified this did not provide for an increase in
parking, and thought it would be okay to increase parking if it did not decrease open
space. Mr. Wu clarified any item talked about here such as increase in parking so long as
it does not exceed 10% could be approved by staff, because it had been taken out as a
major amendment. Parking spaces could be reduced so long as code was met. Mr. Wu
gave an example of the area around Carmine's as an example, if they had more parking
than required by code and wanted to build a building, that could be done. Changes in
phasing were a major amendment today. Changes to developer agreements were
resolutions between the developer and City Council. Mr. Channing stated he was in
favor of this.
Chair Kunkle declared the public hearing open. Hearing no comments from the public,
Chair Kunkle declared the public hearing closed.
MOTION:
Mr. Channing made a motion to approve LDR -04 -03 with one change in the
paragraph starting with line 33 on page 5, that the 5% be changed to 10%
regarding structural encroachments. Mr. Panczak seconded the motion, which
carried by unanimous 7 -0 vote.
OLD BUSINESS
Mr. Wu asked if the Commission wished paper packets or to receive the packets by disk
only. It was indicated paper packets were preferred.
Mr. Wu announced Mr. Benothman would be contacting the members of the board with a
telephone survey as a part of the reappointment process. Appointments would be on the
City Council agenda on September 21. There would be staggered terms, and orientation
was planned for the October 12 meeting. Mr. Solomon commented this board had
suggested non - staggered terms. Mr. Wu advised City Council had kept staggered terms
on all boards.
Mr. Wu verified that November 23 and December 28 meetings would not be held.
Mr. Wu commented the criteria for variances was hard to meet and asked if the Board
wanted staff to review that criteria to not make it so hard for someone to get a variance.
Planning, Zoning, and Appeals Board Meeting Minutes
August 24, 2004
Page 5
Chair Kunkle indicated he was comfortable with the criteria. Mr. Wu indicated criteria
for waivers was being worked on.
Mr. Channing asked the status of the impact fee ordinance. Mr. Wu reported City
Council had told staff to consider P &Z's concerns and suggestions on second reading.
Regarding phasing, City Council had encouraged the Gold Coast Builders representative,
who had no issues with the methodology, just specifics, and had put the public on notice
they would adopt something September 21— probably phasing would be one or two
months or maybe weeks but not 150 days. Mr. Present indicated he had attended the
Council Meeting and had been very surprised that after this board went through
painstaking efforts on the impact fees, Allan Owens' report was against every item P &Z
recommended. Mr. Present stated it bothered him that P &Z and staff were so out of sync
and he wanted to have a joint Council, P &Z, and staff meeting to get on the same page.
Mr. Channing reported he voted for this last time, but had not realized then that it was
going to cost him approximately $130,000 on the last phase of the Commons, and he had
committed most of that space already. He thought this was terribly unfair —time should
be given for people to make good on commitments they had already made in good
faith —which was why he felt it should be phased in. Mr. Kunkle suggested he attend
second reading. Mr. Present commented Gold Coast Builders wanted the same thing as
P &Z, which was a phasing in, and requested a joint meeting to get everybody's thoughts
and get on the same page on several issues, not just on this item, and asked Mr. Wu to
figure out an agenda.
Planning, Zoning, and Appeals Board Meeting Minutes
August 24, 2004
Page 6
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:55 p.m.. The next
regular meeting will be held September 13, 2004.
APPROVED:
Craig Kunkle, Jr.,
Barry Present, Vice