HomeMy WebLinkAboutMinutes P&Z 121410I CITY OF PALM BEACH GARDENS
2 PLANNING, ZONING AND APPEALS BOARD
3 REGULAR MEETING
4 DECEMBER 14, 2010
6 I. CALL TO ORDER
7 The regular meeting was called to order at 6:00 p.m. by Chair Michael Panczak.
8 II. PLEDGE OF ALLEGIANCE
9 III. ROLL CALL
10 Members Present: Chair Michael Panczak, Vice Chair Randolph Hansen, Charles Hathaway,
11 Joy Hecht, Amir Kanel, Douglas Pennell, Howard Rosenkranz (first alternate sitting for Roma
12 Downey) Robert Savel (second alternate sitting for Charles Hathaway for item 1 and Amir Kanel
13 for item 2).
14 Members Absent: Roma Josephs.
15 Also Present: City Attorney R. Max Lohman; Director of Planning and Zoning Natalie Wong,
16 Senior Planner Richard Marrero, Planner Martin Schneider.
17 IV. ADDITIONS, DELECTIONS, MODIFICATIONS
18 None.
19 V. REPORT BY DIRECTOR OF PLANNNING AND ZONING
20 Director of Planning and Zoning Natalie Wong reported on items approved by the City Council
21 at the December 2, 2010 and December 18, 2010 meetings.
22 VI. APPROVAL OF MINUTES
23 Charles Hathaway made a motion to approve the November 9, 2010 minutes.
24 Douglas Pennell seconded.
25 Motion passed 7 -0.
26 VII. PUBLIC HEARINGS
27 Those preparing to give testimony were sworn in.
28 Board members reported meetings with staff on both items. Charles Hathaway declared ex
29 parte communication on item 1. Board members reported receiving citizen a -mails on item 2.
30 City Attorney Lohman directed the a -mails be incorporated into the record.
31 1. Recommendation to City Council (Public Hearing) — QUASI - JUDICIAL HEARING
32 PUDA- 10 -11- 000026: Borland Center Electronic Marquee Sign — PUD Amendment
33 A request by The Borland Center for Community Enrichment for a Planned Unit Development
34 (PUD) Amendment for two (2) waivers to allow an electronic marquee monument sign at the
35 Borland Center (aka Midtown) PUD. The Borland Center PUD is 47 acres in size, and located
36 along the north side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes
37 Drive.
38 Charles Hathaway recused himself, left the dais and filled out Form 8B. Second Alternate Robert
39 Savel was seated in his place.
40 Presentation by: Donaldson Hearing, Cotleur & Hearing, Inc.
41 Staff Presentation: Planner Martin Schneider.
42 Chair Panczak opened the public hearing.
43 Public Comment: Sigfrido Yarela, 8725 Oldham Way, West Palm Beach; Janet Lange, 4 Old
44 Fence Road, Palm Beach Gardens; Tim Miller, 126 Via Santa Cruz, Jupiter.
45 Chair Panczak closed the public hearing.
46 Discussion ensued.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page
12-14-10
1 Randolph Hansen made a motion for denial of the waiver for the electronic marquee and approval
2 of the additional monument sign consistent with surrounding signage.
3 Amir Kanel seconded.
4 Motion passed 7 -0.
5 Charles Hathaway returned to the dais and Robert Savel stepped down.
6 Chair Panczak declared a recess at 7:12 p.m.. The meeting resumed at 7:19 p.m.
7 2. Recommendation to City Council (Public Hearing) - QUASI - JUDICIAL HEARING
8 SPLA- 08 -01- 000010: Steeplechase Research and Office Center
9 A request by Sinergo Investments LLC, for a major site plan amendment to the Steeplechase
to Planned Unit Development (PUD) to allow for the construction of a three -story 48,654 square -foot
11 office building. The subject site is located at the northeast corner of Steeplechase Drive and Beeline
12 Highway and is approximately 3.71 acres.
13 Amir Kanel recused himself, left the dais and filled out Form 8B. Second Alternate Robert Savel
14 was seated in his place.
15 Those preparing to give testimony were sworn in.
16 Presentation by: Dodi Glas, Gentile, Holloway, O'Mahoney & Associates.
17 Staff Presentation: Senior Planner Richard Marrero.
18 Chair Panczak opened the public hearing.
19 Public Comment: Steve Mathison, 5606 PGA Boulevard, Palm Beach Gardens; Patricia Leonard,
20 5168 Misty Morn Road, Palm Beach Gardens; Gloria Hakkarainen, 5090 Misty Morn Road, Palm
21 Beach Gardens; Matilde Lanier, 8300 Steeplechase Drive, Palm Beach Gardens; Timothy
22 Stieren, 5208 Misty Morn Road, Palm Beach Gardens; Arlene Englander, 5710 High Flyer Road;
23 Palm Beach Gardens; Jon Rubin, 5122 Misty Morn Road, Palm Beach Gardens; Thomas E.
24 Armer, 5355 Sea Biscuit Drive, Palm Beach Gardens; Paul Marro, 5569 Sea Biscuit Road, Palm
25 Beach Gardens; Nancy Cohen, 5089 Misty Morn Road, Palm Beach Gardens; Max Byrd, 8553
26 Man o' War Road, Palm Beach Gardens; Paul Poulos, 7656 Steeplechase Drive, Palm Beach
27 Gardens.
28 Chair Panczak closed the public hearing.
29 Discussion ensued.
30 Randolph Hansen made a motion for approval.
31 Robert Savel seconded.
32, Motion passed 6 -1 with Joy Hecht dissenting.
33 Amir Kanel returned to the dais and Robert Savel stepped down.
34 IX. OLD BUSINESS
35 None.
36 X. NEW BUSINESS
37 None.
38
39
40 (The remainder of this page intentionally left blank)
41
42
43
44
45
46
47
48
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
12-14-10
Page
1 X1. ADJOURNMENT
2 Chair Panczak adjourned the meeting at 8:51
3 The next regular meeting will be held January 1 2011.
4
5 APPROVED:
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-- -
3.8 _ -
,39.,
40. AT
42 -- -
46 Mtttu�ip Sery
-
47
Vice Chair
Joy
Charles Hathaway
,cannon
ices Coordinator
48 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
49 meeting.
50 All referenced attachments are on file in the Office of the City Clerk.
51 Note: All those preparing to give testimony were sworn in.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 3
12.14.10
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAME —FIRST NAM'IDDLE NAME
�1� /94 !IQ
NAMEOF BOARiR ODUKA , COMMISSION, AI J HORITY, OR COMMITTEE
.Z 14 43
MAILING ADDRESS
Tw BOA cowmssm AUTWORrrY OR COMMIr rEE ON
V"CHISERVE1SAITTOR
�CITy U COWRY o OTHER LOCAL AGENCY
CITY COL NfY `
cLr/ ^_`
NAME OF�vt
3
DOE ON wH E/6/— OCCURRED
7 _ / /a
MYP(�rTIOPi1S a ELECTIVE if AppownvE
VMO MUST FILE FORM 88
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 1123143, Florida Staliates.
Your responsibilities under the law when faced with voting on a measure in which you have a cunt ict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1123143, FLORIDA STATUTES
A .person holding elective or appointive coLwAV. au a opal, or olbw focal public once MUST ABSTAIN from voting on .a measure which
inures to his or her special private gain or loss. Each elected or appointed local atticer also is prohibited tam knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agenry) by whom he or she is retained (including the
parent organization or subsidiary of a corporate p *x*d by which he or she is retrained); tb the special private gain or loss of a relative; or
to the special private gain or loss of a business associate_ Canvr ssioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special talc disfnicts elected an a one -acre, ore -vote bps are not prohibited from voting in that
capacity.
For purposes of this law, a'relative' includes only the officers father, mother. son, daughter, husband, wife, brother, sister, father-in-law,
mother -in -law, son4n4aw, and daughier4n4aw. A'business associate' means any person or enft 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]
� f i � f ! f f t f 1 f f f • f
ELECTED OFFICERS:
In addition to abstaining from voting in the situations descxined above, you must disclose the cordkt
PRIOR TO THE VOTE BEING TAKEN by ptd** stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; end
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiring this form with fie person responsible for recording the min-
utes of the meeting, who should ktcorpoatae to firm m the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations descrbed above, you otherwise may participate in these matters. However, you
must disclose the nature of the eonti'ict before malting any attempt to influence tfne decision, whe1w orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO `INFLUENCE THE DECfS" PRIOR TO THE MEETfNG AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attemptto influence the dedsion) with the person responsible for recording the
minutes of the meeting, who wiff 'incorporate the form in the mnutes. (Continued on other side)
CE FORM 8B - EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
• A-cWy. of iheform -mrrst be provided immediately f o the other nrembems of the agency.
The form must be read publicly at the next meeting after the form is tiled
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 mnwtes, A copy-of the f onn n ust be provi W4rnmediately te- the -other members of the -
agency, and the form must be read publicly at the next meeting after the form is fled_
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, hereby disclose that on ! 7 , 20 A.9—:
(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 foss of my relative, ;
inured to the special gain or loss of , by
whom I am retained, or
— inured to the special gain or loss of which
is the parent organization or subsidary 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:
U►tia�t i S ''�
la A( Cgfa
Date Filed
.Scab pill�Jd /cj-v�
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112317, 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. 1rMW PAGE 2
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME
OOUNC, COMMISSION, AUTHORrTY, OR COMMITTEE
7:1=444FZPA004"Ig
�
MAILING ADDRESS
Tw somiq coumtY, coMMasKJkAuTHoRrfy OR COMMITTEE ON
.
V*1I1I I I SERVE ISAUNtr OF:
°OL i
r.44M
w6ff 0 COUNTY O OTHER LOCAL AGENCY
UlkMECIFIPOLIFFICALSILISDIII1119110K
J .4Z17 P_*Cv
DATE ON V*iICH VOTE OCCURRED
NY POSRION IS:
O ELECTME O APPOINTIVE
WHO MUST FILE FORM 38
This form is for use by any person serving at the county, city, or other tool level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to merrrbers of advisory and non- advisory bodies who are presented with a voting
conflict of interest under Section 1123143, Florida Statutes&
Your responsibilities under the law when faced with voting on a meaaslae 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 alt minion to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1123143, FLORIDA STATUTES
A person holding elective or apposntive county, municipal, or Duet 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 focal offiCer also is prohbited from knowingly voting on a mea-
sure which inures to the special gain or loss of a prnxxtipal (other than a goverrunent 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 assaaal>e_ 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 -rote basis are not prohibited from voting in that
capacity.
For purposes of this law, a 'relative' includes only the ofl"icees father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother -in -law, son-in-law, and daughter -iMaw. A "business assopate means any person or entry engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of properly, or corporate shareholder (where the shares of the corporation
are not fisted on any national or regional stock exchange)
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you roust disclose the cordkt
PRIOR TO THE VOTE BEING TARN 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 oomple% and tiling tis form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form n the tortes.
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 eont6ict before aalang any attempt to imuenee 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 Tim f*CISMN PRIOR TO TVIE MEETING AT WHfCH 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 SB - EFF. 1r20W PAGE 1
APPOINTED OFFICERS (continued)
• AcWyoftheform -must be previd"brinedide lytotheotherffmw6et of the agency.
• The form must be read publicly at the reed 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 yore conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vole occurs with the person responsible for recording the minutes of the
meeting, who must incorporafa the farm in the minutes- A eopyof the fbirm must be Wthe .~ members of the
agency, and the form must be read publicly at the next meeting alter the form is filled-
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, C W041aGS f %A &A SO �14 r# A aIA K . hereby diisdose that on D t G r ix Re, A2 i 4! , 201a:
(a) A measure came or VAN 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 LOA" P. �ALa /( do w hrno a i 19ymenL V %4_ ,A U/) Ce �clr�_,A —by
whom I amrarirwd, or/9A7 A Yn 1m13G,¢_ ":� r .
inured to the special gain or loss of which
is the parent organization or subsidiiary 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:
Dc c! 4. 02 0 1 0 Niur c�ot4, f hLs�L.c A
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112317, 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. 1f2000 PAGE 2