HomeMy WebLinkAboutMinutes P&Z 020805PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
February 8, 2005
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 DIRECTOR
There was no report by the Growth Management Administrator. Mr. Benothman
announced that a sign -in sheet was available for those wishing to speak.
ROLL CALL
Susan Bell, Secretary for the meeting, called the roll for the Planning, Zoning and
Appeals Board:
Present
Craig Kunkle, Chair
Barry Present, Vice Chair
Dennis Solomon
Randolph Hansen
Michael Panczak
Douglas Pennell
Charles Hereford
Jonathan D. Rubins (2 "d alternate)
Absent
Jay H. Bramson (l'` alternate)
Natalie Wong provided an introduction for the amendments to the comprehensive plan,
all related to a city -wide economic development initiative. Ms. Wong presented the
background, goals, and objectives of the economic development initiative. Ms. Wong
explained that suitable vacant parcels within the city had been identified according to
criteria which included size, existing uses, current land use designation and zoning,
public transit opportunities, existing development approvals, approved traffic
concurrency, available utilities, forbearance agreement restrictions and other land use
restrictions, and land use compatibility with surrounding areas. Analysis concluded that
the most suitable parcels for economic development were 5A and 5B which both already
had compatible land use designations, and the Brigger Tract, which required a land use
change. City Council had unanimously approved staff moving forward with this
initiative including city- initiated land use change to allow R &D uses on the Brigger
Tract, zoning change for the Brigger Tract, and authorization to notify the property owner
of the proposed changes.
Planning, Zoning, and Appeals Board Meeting Minutes
February 8, 2005
Page 2
Public Hearing:
Petition CP- 04 -13: Text Amendment to the Future Land Use Element
A City- initiated request for a Comprehensive Plan text amendment to the Future Land
Use Element primarily to clarify the intent of the Mixed -Use land -use category as a
land -use designation that integrates a combination of land use categories within one
planned development to encourage development that will expand the economic base of
the City.
Senior Planner Kara Irwin presented the request. Chair Kunkle declared the public
hearing open. Vito DeFrancesco, Shady Lakes, objected to being able to put institutional
anywhere in mixed use without criteria, and requested that the residents be considered
first. Hearing no further comments from the public, Chair Kunkle declared the public
hearing closed.
Mr. Solomon noted the date of City Council authorization was stated as November 18 in
one place and November 4 in another; Ms. Irwin indicated she would look into this. Mr.
Solomon commented staff recommended approval with three findings of fact, and Ms.
Irwin had only mentioned one. Ms. Irwin responded she had forgotten to mention them
but that this would be consistent with the city's comprehensive plan, Treasure Coast
strategic policy plan, the state comprehensive plan, and the county comprehensive plan.
MOTION:
Mr. Present made a motion to recommend to City Council approval of Petition CP-
04-13. Motion was seconded. Mr. Solomon stated he wished to make it clear the
recommendation included the findings of fact as stated by Ms. Irwin. Motion
carried by unanimous 7 -0 vote.
Public Hearing:
Petition CP- 05 -02: Text Amendment to the Conservation Element
A City- initiated request for a Comprehensive Plan text amendment to the Conservation
Element to clarify alternative methods for ensuring protection of environmentally
sensitive land during the development review process.
Senior Planner Kara Irwin presented the request. Chair Kunkle declared the public
hearing open. Vito DeFrancesco, Shady Lakes, objected that the city was encouraging
every developer to bulldoze all trees in the city and use preserve areas outside the city by
removing the 25% upland preservation on a development, and also pointed out the
difference in property values between land located inside the city to land the developer
would be able to purchase for preservation. Attorney Ernie Cox, with the law firm of
Gunster Yoakley, on behalf of Charlie Vavrus, advised that Mr. Vavrus had a contract to
sell his land to a company whose plans followed the city's present environmental rules.
Attorney Cox objected to changing the 25% set -aside whether the parcels were located
east or west. Mr. Benothman advised the only change was that larger parcels had the
option to mitigate off site or provide money in lieu of, provided that both PZA and City
Planning, Zoning, and Appeals Board Meeting Minutes
February 8, 2005
Page 3
Council agreed. Mr. Benothman advised other developments had mitigated off site, so
nothing was being changed, and there had to be a public benefit. Steve Barnes, Shady
Lakes Circle, commented there had been a very good plan for off -site mitigation and it
could not continue to be stretched, and for the cash payments in lieu of, the properties
must be of equal value. Hearing no further comments from the public, Chair Kunkle
declared the public hearing closed. Mr. Hansen asked if property that already had a
conservation land use designation could be used for mitigation by someone developing
property to the east. City Forester Mark Hendrickson advised that money in lieu of
would be allowed to be used in conservation areas to improve it. Mr. Hansen asked if
land in the city could be mitigated in an area that had a land use designation of
conservation, to which Mr. Hendrickson's response was yes. Mr. Hendrickson used as an
example the John Bills property, commenting that if he was willing to sell a portion it
could be used as mitigation land, and all other uses designated for that land would be
taken off and the land could only be used for mitigation.
MOTION:
Mr. Solomon made a motion to recommend approval to City Council of Petition CP-
05-02 with findings of fact as indicated by Ms. Irwin. Motion was seconded and
carried by unanimous 7 -0 vote.
Public Hearing:
Petition CP- 05 -01: Amendment to the Capital Improvements Element (CIE)
A City- initiated request for Comprehensive Plan text amendments to the Capital
Improvements Element (CIE) to update the CIE to be consistent with the current City
budget and to include needed facilities related to the proposed Brigger Tract Future
Land Use Map amendment in accordance with Chapter 163.3177, Florida Statutes.
Natalie Wong presented the request. Chair Kunkle declared the public hearing open.
Vito DeFrancesco, Shady Lakes, expressed his opinion that this matter should not be
before the board since Shady Lakes Drive was still an open contentious item. City
Engineer Dan Clark stated that road link had been taken out of Table 9A. Attorney
Ernie Cox questioned the bottom of the first chart which showed three new roads and
where those roads would be located. Mr. Clark explained where those roads would be
and that the developer who would fund those was as yet unknown. Mr. Benothman
advised that Mr. DeFrancesco had been given a copy of Table 9A. Frank Weinski, 2923
Golden Eagle Circle, expressed support for the amendments. Hearing no further
comments from the public, Chair Kunkle declared the public hearing closed. Allen
Owens, Finance Director, clarified for Mr. Hereford that all revenues were based on new
projected growth. Mr. Present expressed support for this amendment. Mr. Solomon
requested clarification that this would not go into effect until adopted by Treasure Coast
Regional Planning Council. The procedure was reviewed by staff. approval by city
council, then transmittal to DCA for review, returned with comments /objections, if any,
which must be answered by the city. DCA had the final say as to whether changes were
acceptable. Mr. Hansen questioned when the last time impact fees had been changed
Planning, Zoning, and Appeals Board Meeting Minutes
February 8, 2005
Page 4
prior to the recent restructuring, which staff indicated was 2000, and evaluation was
required every two years. Capital improvements were reviewed annually, which was a
requirement of Florida statutes, but impact fees could only be changed every two years.
MOTION:
Mr. Hereford made a motion to recommend to City Council approval of Petition
CP- 05 -01. Motion was seconded and carried by unanimous 7 -0 vote.
Following a short break, the meeting was resumed.
Public Hearing:
Petition CP- 04 -14: Large Scale Future Land Use Map Amendment (Future Land Use
Element
A City- initiated request for an amendment to the Future Land Use Map of the City's
Comprehensive Plan. The proposed amendment modifies the land -use designations
from a Residential Low (RL) and Commercial (C) to Mixed Use (MXD) for the
properties collectively referred to as the Brigger Tract, which consists of five separately
owned parcels, totaling approximately 708 acres located immediately east of the Ronald
Reagan Turnpike, north of Hood Road and south of Donald Ross Road. The
intensities and densities of the current land -use amendment are limited to the
following: 8 million square feet of Research & Development (including a 300 -bed
research clinic); 1,000 multi family
Kara Irwin, Senior Planner, presented the proposed amendment. Joe McMann, traffic
consultant, reviewed traffic impacts.
Chair Kunkle declared the public hearing open. Steve Barnes, Shady Lakes Circle,
expressed disagreement with Mr. McMann's conclusions, and his belief that traffic would
be much worse. George Blike, Westwood Gardens, complimented the board for such a
comprehensive analysis of the site; expressed his opinion the traffic would be much
different with a commercial development; and expressed support for Scripps here. Mr.
Benothman commented on the difference between trips for commercial and light
industrial. Frank Fraducci, Golden Eagle Circle, expressed favor for the project and
commented the only ones who objected were the ones who had retired here and this could
provide a good economic impact for all the young people who were being priced out of
the city. Vito DeFrancesco, Shady Lakes Circle, presented a copy of the forbearance
agreement containing parcel 4.09 for which deed restriction was to be recorded within ten
days of that agreement; commented the F.A.R. would be 2 for this project; and disputed
calculations which were used to come up with trips generated. Ms. Wong explained the
methodology used, which was a state requirement. Carolyn Chaplik, Hudson Bay Drive,
expressed excitement at having a research development center here, and expressed her
opinion Mr. McMann's trip assumptions were correct. Hearing no further comments
from the public, Chair Kunkle declared the public hearing closed. Mr. Hereford asked if
the northwest parcel on the map was owned by DOT, which was confirmed. Mr. Present
stated he was in full support of the city's proposal with or without Scripps, and
Planning, Zoning, and Appeals Board Meeting Minutes
February 8, 2005
Page 5
encouraged looking at affordable workforce housing on the west side of I -95 if Scripps
did develop here or if they did not. Mr. Present noted if Scripps went to the Mecca site,
people would commute from here. Mr. Rubins complimented staff on their work and
commented this would further enable Palm Beach Gardens to become a year -round
community with high paying professional jobs. Mr. Hansen commended staff also,
expressed his opinion this was a great opportunity for the city, and stated his support.
Mr. Pennell asked if the two portions of land intersected by I -95 would be connected.
Ms. Irwin explained the connection in the comprehensive plan, and stated that nothing
was in the comp plan that would connect east to west. Mr. Pennell commented all the
roads on the thoroughfare plan should be completed to make it easier to get around the
city. Mr. Pennell commended staff for their work, and supported this wonderful
opportunity. Mr. Solomon questioned the number of parks, and Ms. Irwin explained this
would lessen the requirement to maintain the level of service, not lessen the number of
parks. Mr. Solomon suggested if it were found this land was in the forbearance
agreement that comparison numbers should be done to cover that before going to City
Council. Mr. Solomon thanked staff for their work.
MOTION:
Mr. Solomon made a motion to recommend to City Council approval of Petition CP-
04-14 with all of the comments and recommendations of staff. Motion was
seconded and carried by unanimous 7 -0 vote.
OLD BUSINESS
There was no old business to come before the board.
NEW BUSINESS
There was no new business to come before the board.
Planning, Zoning, and Appeals Board Meeting Minutes
February 8, 2005
Page 6
ADJOURNMENT
There being nc
will be held Fel
APPROVED:
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Michael Panczak
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Charles Hereford
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2nd Alternate Jonathan D. Rubins
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S Bell, Secretary for the Meeting
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