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HomeMy WebLinkAboutMinutes P&Z 032409I CITY OF PALM BEACH GARDENS 2 PLANNING, ZONING AND APPEALS BOARD 3 REGULAR MEETING 4 MARCH 24, 2009 6 The regular meeting was called to order at 6:30 p.m. by Chair Craig Kunkle. 7 I. CALL TO ORDER 8 II. PLEDGE OF ALLEGIANCE 9 III. ROLL CALL 10 Members Present: Chair Craig Kunkle (left 7:20 p.m.), Vice Chair Douglas Pennell, Randolph I I Hansen, Barry Present, Joy Hecht, Amir Kanel, Donald Krzan (I st Alternate for Michael Panczak), 12 Joanne Koerner (2nd Alternate for Chair Craig Kunkle). 13 Members Absent: Michael Panczak. 14 Also Present: Growth Management Administrator Kara Irwin, Interim City Attorney R Max 15 Lohman, Planner Richard Morrero, Planning Manager Natalie Wong, Director of Engineering Max 16 Bosso, Marty Schneider. 17 IV. ADDITIONS, DELETIONS AND MODIFICATIONS 18 None. 19 V. REPORT BY KARA IRWIN, GROWTH MANAGEMENT ADMINISTRATOR 20 Growth Mana ement Administrator Irwin reported that Frenchman's Crossing and Gardens 21 Shul were approved at the March 19, 2009 City Council meeting. 22 VI. APPROVAL OF MINUTES 23 Vice Chair Pennell made a motion for approval of the January 13, 2009 meeting minutes. 24 Joy Hecht seconded. 25 Motion passed 7 -0. 26 Vice Chair Pennell made a motion for approval of the January 27, 2009 meeting minutes. 27 Amir Kanel seconded. 28 Motion passed 7 -0. 29 Vice Chair Pennell made a motion for approval of the February 10, 2009 meeting minutes. 30 Amir Kane[ seconded. 31 Motion passed 7 -0. 32 Vice Chair Pennell made a motion for approval of the February 24, 2009 meeting minutes. 33 Barry Present seconded. 34 Motion passed 7 -0. 35 VII. PUBLIC HEARINGS 36 1. Public Workshop 37 PPUD -0 &12 -0011022: PGA Corporate Center — Parcel SA: A request by Brian Cheguis of 38 Cotleur & Hearing, agent for the applicant, for a rezoning to Planned Unit Development (PUD) 39 and site plan approval to allow for the development of 450,000 square feet of research and 40 development and 450,000 square feet of general office. The subject site is located between I -95 41 and Alternate A 1 A, north of PGA Boulevard and south of the Winchester Courts development. 42 The following individuals commented on this agenda item: Jeff Marshall, Cotleur & Hearing; 43 Donaldson Heariing, Cotleur & Hearing; Planning Manager Natdk Wong._ 44 Board members commented. 45 Chair Kunkle turned the meeting over to Vice Chair Pennell and then left the meeting. Joanne 46 Koerner (2nd Alternate) joined the members on the dais. 47 Board member comments continued. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 03.24.09 I Vice Chair Pennell opened the public workshop. 2 The following individuals made public comment on this agenda item: Dennis P. Leon, 4270 -A 3 Hazel Drive, Palm Beach Gardens. 4 Vice Chair Pennell closed the public workshop. 5 Interim City Attorney R. Max_ Lohman explained that CPTA -09 -02- 000016 is a legislative 6 matter and does not require anyone be sworn in, but ex pane communication should be declared. 7 Recommendation to City Council 8 Ex Parte Communication (Public Hearing) 9 2. CPTA- 09- 02- 000016: Com rehensive Plan Teat and Map Amendment: A request by io Urban Design Kilday Studios, agent for The Lester Family Investments, L.P. et al. and Palm 11 Beach County, for a text amendment to the city's Comprehensive Plan Text to provide a new 12 subcategory to the existing Mixed Use Land Use designation for BioScience Mixed Use 13 Developments, and a City- initiated request to amend the notation on the city's Future Land Use 14 Map pertaining to the permitted land use densities and intensities established by Ordinance 7, 15 2005 for approximately 708.14 acres located south of Donald Ross Road, north of Hood Road, 16 and east and west of Interstate 95. 17 Ex parte communication was declared by Vice Chair Pennell, Randolph Hansen, Joy Hecht, 18 Amir Kanel, Joanne Koerners Donald Krzan Barry Present. 19 Joanne Koerner recused herself from this portion of the meeting. 20 The following individuals commented on this agenda item: Ken Tuma, Urban Design Studio; 21 Planning Manaeer Natalie Won s. 22 Vice Chair Pennell opened the public hearing. 23 The following_ individuals made public comment on this agenda item: David Kemp, 210 Military 24 Trail, Jupiter; Mark Greenber:, 5133 Isabella Drive, Palm Beach Gardens; Harris Kozak, 25 2128 Milano Court, Palm Beach Gardens; Jay Goldwasser. 4750 Donald Ross Road, Palm 26 Beach Gardens; Yvonne Jarce 5133 Isabella Court, Palm Beach Gardens; Robert Franc' 27 5215 Hood Road, Palm Beach Gardens. 28 Vice Chair Pennell closed the public hearing. 29 Board members commented. 30 Amir Kanel made a motion for approval. 31 JoyHecht seconded. 32 Motion passed 6-0. 33 VIII. OLD BUSINESS 34 None. 35 36 37 38 39 40 41 42 43 44 45 46 47 DL NEW BUSINESS None. (The remainder of this page intentionally left blank) PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 03.24.09 Page 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 39 40 41 42 43 44 45 46 47 48 49 50 X. ADJOURNMENT Vice Chair Penrpn %din77rnPrI the meefyniy at R'iR r}-m. The next regul, APPROVED: Joy Hecht Amir Kanel ATTEST ADeb ie Andrea Public Information Coordinator Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. All referenced attachments are on file in the Office of the City Clerk. Note: The Public Information Coordinator swore in those preparing to give testimony. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 03.24+09 Page 3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAME J<OERNE P_ TOA k_F_ NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE P Z !, L3 MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON S D A -P HN E AV -F— WHICH I SERVE IS A UNIT OF: CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: PA` � B �C� ��j 1 S 1 =tom P s(q- PA L tF t � >< A uA C 1 DATE ON WHICH VOTE OCCURRED 3 Z " 0 01 MY POSITION IS: ❑ ELECTIVE bk_APPOINTIVE WHO MUST FILE FORM 86 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, 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 form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 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 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 OFFICER'S INTEREST I, T) A N N E Ko E Q-jj 1= R— , hereby disclose that on 03 / Z-14 20 (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 PA L, M !FST_-- A c N C-00 Q T y , by whom I am retained; or inured to the special gain or loss of 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: B12kGE� PRaPFtR= -/ c-,Di tR PLA.tit AMr—n oMf J 0u 2) E-IA A -i F OT-- 'PAL -k C Dv ►J `( . 0312 `( ZJ -) Date Filed d 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. CE FORM 8B - EFF. 1/2000 PAGE 2