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HomeMy WebLinkAboutMinutes PZAB 111318I CITY OF PALM BEACH GARDENS 2 PLANNING, ZONING AND APPEALS BOARD 3 REGULAR MEETING 4 November 13, 2018 5 I. CALL TO ORDER 6 The regular meeting was called to order at 6:02 p.m. by Chair Hansen. 7 II. PLEDGE OF ALLEGIANCE 8 III. ADMINISTER OATH OF OFFICE TO NEW MEMBER 9 Assistant to the City Clerk administered the Oath of Office to Chelsea Reed. 10 IV. ROLL CALL 11 Members Present: 12 Chair Randolph Hansen, Vice Chair Michael Panczak, Carl Sabatello, L. Marc Cohn, Roma 13 Josephs, Christopher Oftedal, Erez Sela 14 Members Absent: None. 15 Also Present: Assistant City Attorney, Abigail Joranby; Director of Planning and Zoning, Natalie 16 Crowley. 17 V. ADDITIONS, DELETIONS, MODIFICATIONS 18 Chair Hansen requested that due to the petitioner's request to postpone Public Hearing Item #6 19 BallenIsles East Outparcel Rezoning, that the agenda be modified to move Item #6 to Item #1 20 under Public Hearings. 21 Vice Chair Panczak made a motion to modify the agenda moving Item #6 to Item #1 under Public 22 Hearings. 23 Board Member Josephs seconded. 24 Motion passed 7-0. 25 VI. REPORT BY DIRECTOR OF PLANNNING AND ZONING: NATALIE 26 CROWLEY 27 Reported at the November 1, 2018 City Council meeting the City Council approved the 28 Monuments and Memorial Land Development Regulations and the 469 Age Restricted units for 29 the Avenir Project. 30 VII. APPROVAL OF MINUTES 31 Board Member Josephs made a motion to approve the October 9, 2018 meeting minutes. 32 Vice Chair Panczak seconded. 33 Motion passed 7-0. 34 Chair Hansen asked for any ex -parte. 35 None. 36 VIII. PUBLIC HEARINGS 37 Those preparing to give testimony were sworn in. 38 1. Recommendation to City Council - (Public Hearing) - QUASI-JUDICIAL 39 PPUD-14-12-000038: BallenIsles East Outparcel Rezoning - A request from E.W. Outparcels 40 LLC to rezone a 5.27 -acre site located at the southeast corner of PGA Boulevard and BallenIsles 41 Drive from Neighborhood Commercial (CN) to Planned Unit Development (PUD) Overlay with 42 an underlying zoning designation of CN. The Applicant is also requesting Site Plan approval for 43 a 60,000 -square -foot medical and professional office building on the subject site. 44 Chair Hansen opened the public hearing. 45 Petitioner: None. 46 Staff Presentation: None. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 1 11-13-18 I Public comment: None. 2 Chair Hansen closed the public hearing. 3 Board Member Josephs made a motion to postpone based on the applicant's request PPUD-14- 4 12-000038 to a date uncertain. 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Vice Chair Panczak seconded. Motion passed 7-0. Per the City Attorney recommendation, Board Member Cohn recused himself and filled out Form 8B. First Alternate Chelsea Reed served on the dias for L. Marc Cohn. 2. Recommendation to City Council - (Public Hearing) QUASI-JUDICIAL HEARING PCDA-18-05-000033: Alton Parcel F PCD Amendment - A request by KH Alton, LLC for approval of an amendment to the Alton Planned Community Development (PCD) Master Plan to increase the acreage of Parcel F, and modify Condition of Approval Number 3 of Resolution 1, 2010, as modified by Resolution 74, 2016. The Alton PCD is generally located south of Donald Ross Road, north of Hood Road, west of Interstate 95, and east of the Florida's Turnpike. Chair Hansen opened the public hearing. Petitioner: Donaldson Hearing, Cotleur and Hearing Staff Presentation: Planning Manager, Peter Hofheinz. Public Comment: None. Chair Hansen closed the public hearing. Vice Chair Panczak made a motion to recommend to City Council PCDA-18-05-000033. Board Member Josephs seconded. Motion passed 7-0. Per the City Attorney recommendation, Board Member Cohn recused himself and filled out Form 8B. First Alternate Chelsea Reed served on the dias for L. Marc Cohn. 3. Recommendation to City Council — (Public Hearing) - QUASI-JUDICIAL HEARING SPLA -18-05-000046: Alton Parcel F Site Plan - A request by KH Alton, LLC for approval of a site plan for Alton Parcel F, Phase II for the development of 56 townhome units and a 4.49 -acre community park. The subject site is located along the north side of Hood Road and Gross Pointe Road, east of Interstate 95, within the 681 -acre Alton Planned Community Development (PCD), which is generally located south of Donald Ross Road, north of Hood Road, west of Interstate 95, and east of the Florida's Turnpike. Chair Hansen opened the public hearing. Petitioner: Donaldson Hearing, Cotleur and Hearing Staff Presentation: Planning Manager, Peter Hofheinz. Public Comment: None. Chair Hansen closed the public hearing. Vice Chair Panczak made a motion to recommend to City Council SPLA -18-05-000046. Board Member Josephs seconded. Motion passed 7-0. First Alternate Chelsea Reed stepped down from the dias and Board Member Cohn returned to the dias. 4. Recommendation to City Council - (Public Hearing) - QUASI-JUDICIAL PUDA-18-04- 000071: Ancient Tree PUD Amendment - A Planned Unit Development Amendment request by Pulte Home Company, LLC for approval of the 2.43 -acre recreation parcel site, including modifications to certain conditions of approval and modifications regarding minor site and landscape plan elements to the Ancient Tree Planned Unit Development (PUD). Ancient Tree PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 2 11-13-18 I PUD is generally located on the north side of Northlake Boulevard, approximately three-quarters 2 of a mile east of Coconut Boulevard. 3 Chair Hansen opened the public hearing. 4 Petitioner: Nicole Plunkett, Cotleur and Hearing. 5 Staff Presentation: None. Staff recommends approval of PUDA- 18-04-00007 1. 6 Public comment: None. 7 Chair Hansen closed the public hearing. 8 Board Member Oftedal made a motion to recommend to City Council PUDA-18-04-000071 9 incorporating the board comments and recommendations regarding the entry sign and sidewalk. 10 Vice Chair Panczak seconded. 11 Motion passed 7-0. 12 5. Recommendation to City Council (Public Hearing) 13 CPMA-17-08-000021: Arcadia Gardens Comp Plan Map Amendment - A request from RCA 14 Medical Owner, LLC for a Large -Scale Comprehensive Plan Map Amendment to change the land - 15 use designation on an 11.09 -acre parcel from Commercial (C) to Residential High (RH). The 16 property is located on the south side of RCA Boulevard, approximately 500 feet east of Alternate 17 AIA. 18 Chair Hansen opened the public hearing. 19 Petitioner: Anne Booth, Urban Design Kilday Studios. 20 Staff Presentation: None. Staff recommends approval of CPMA-17-08-000021. 21 Public comment: Christopher Bell, 457 Capistrano Drive, Palm Beach Gardens. 22 Chair Hansen closed the public hearing. 23 Board Member Sabatello made a motion to recommend to City Council CPMA- 17-08-00002 1. 24 Board Member Oftedal seconded. 25 Motion passed 7-0. 26 6. Recommendation to City Council (Public Hearing) - QUASI-JUDICIAL 27 PPUD-17-08-0000441CUMJ-17-08-000048: Arcadia Gardens Rezoning and Major 28 Conditional Use - A request from RCA Medical Owner, LLC to rezone an 11.09 -acre parcel from 29 General Commercial (CG -1) to Planned Unit Development (PUD) Overlay with an underlying 30 Residential High (RH), approval of a Site Plan for development of a 326-bed/163-unit Independent 31 Living Facility and approval of a Major Conditional Use for a 326-bed/163-unit Independent 32 Living Facility, located on the south side of RCA Boulevard, approximately 500 feet east of 33 Alternate AIA. 34 Chair Hansen opened the public hearing. 35 Petitioner: Anne Booth, Urban Design Kilday Studios. 36 Staff Presentation: None. Staff recommends approval of PPUD-17-08-000044 and CUMJ-17-08- 37 000048. 38 Public comment: Christopher Bell, 457 Capistrano Drive, Palm Beach Gardens. 39 Chair Hansen closed the public hearing. 40 Board Member Sabatello made a motion to recommend to City Council PPUD-17-08-000044 41 and CUMJ-17-08-000048. 42 Board Member Josephs seconded. 43 Motion passed 7-0. 44 IX. OLD BUSINESS 45 None. 46 X. NEW BUSINESS PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 3 11-13-18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 TT 3�4 41 Kenthia White 42 Assistant to City Clerk 43 Plannine and Zoning Director Natalie Crowley wished the board members a Happy Thanksgiving. XI. ADJOURNMENT Chair Hansen adjourned the meeting at 8:05 p.m. The next regular meeting will be held on December 11, 2018. Approve Carl Sabatello ./10f'W4C L. Marc Cohn 44 Note: these minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 45 meeting. A verbatim audio recording is available on the City Website or from the Office of the City 46 Clerk. 47 All referenced attachments on file in the Office of the City Clerk. 48 Note: all those preparing to give testimony were sworn in. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 4 11-13-18 FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME Cie N — 4 a—KC- NAME OF BOARD, COLMIL, COMMISSION, AUTHORITY, OR COMMITTEE ' C,r r IjAon,nG ?o,?It7C A< MAILING ADDRESS /-35- --1 c D D A�'A t✓yW�HIICH THE BOARD, COUNCIL, COMMISSION, AurHORITY OR COMMITTEE ON I SERVE IS A UNIT OFLl : �L3 C TY OULlNTY OTHER LOCAL AGENCY C{IT�jY 7 Nat,. 71,' ly - � ltZ K4 (JfuL NAME OFPOr_tnCALSUBOVISION: DATE ON WHICH VOTE OCCURRED // - l 3 - Z c /Q MY POSITION IS t] ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes_ Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss_ Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A `business associate' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, ccowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange)_ ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes_ APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Confinued an other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form most be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed �/� / / DISCLOSURE OF LOCAL OFFIC.E/R'S INTEREST I, /x �'7'" C '" 4 hereby disclose that on fast -'20 IS (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, inured to the special gain or loss of by f whom I am retained; or J inured to the special gain or loss of 6u ✓ /5 rei T , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: SPa9- 1w,ftf 14- /// 3 lt0/k � li(f /V Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. GE FORM 8B - EFF. 12000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD, COUINCII, COMMISSION, AUTHORITY, OR COMMITTEE AwC C oY 113 MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON / 3 J a iv.4 WHICH I SERVE IS A UNIT OF: )dc Y LJ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: / G',4crl J 6 �At ���Cf1 Aft pr: i w DATE ON WHICH VOTE OCCURRED M, POSITION IS. / / - 13 2 o / B ❑ ELECTIVE Y} APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes_ Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss_ Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec_ 163.356 or 163.357, F -S_, and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter4n-law. A 'business associate' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange)_ ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict= PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes_ APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction_ IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the fnrrn in the minutes. (Continued on other side) CE FORM 8B - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency_ • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating_ • You must complete the form and file it within 15 days atter the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes_ A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, /. A('4'V ("'u N hereby disclose that on Aeye ,," () lT7 /-5 , 20 /X : (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, ; inured to the special gain or loss of by whom I am retained; or V inured to the spew gain or loss of C6yh rill Xv11P0✓,/i»tG+c7- �jSTeIC ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 110n) 11 /8-(S6-- 6&) 00-4-141 C4,t-414vy) il�r C'�F P /jA Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000_ GE FORM 813 - EFF. 12000 PAGE 2 City of Palm Beach Gardens Office of the City Clerk 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4122 psnider(a),pbgfl.com Letter of Transmittal DATE: November 14, 2018 TO: Palm Beach County Commission on Ethics 2633 Vista Parkway West Palm Beach, FL 33411 Sent via email: ethics(a7palmbeachcountyethics.com Re: From 8B — Planning, Zoning & Appeals Board — 2 attached. 34`or Your Records 0 As Requested 0 For Review and Signature , CMC, City Clerk O For Recording O Returned for Corrections O Other: