HomeMy WebLinkAboutMinutes PZAB 011723I CITY OF PALM BEACH GARDENS
2 PLANNING, ZONING AND APPEALS BOARD
3 REGULAR MEETING
4 January 17, 2023
6 I. CALL TO ORDER
7 The regular meeting was called to order at 6:00 p.m. by Chair Hansen.
8 II. PLEDGE OF ALLEGIANCE
9 III. ROLL CALL
10 Members Present:
11 Chair Randolph Hansen, Vice Chair Timothy Coppage, Erez Sela, Christopher Oftedal, Robert
12 Savel, Zachary Seth Mansfield, and Charles Millar.
13 Members Absent: None.
14 Also Present: City Attorney, R. Max Lohman; Director of Planning & Zoning, Natalie Crowley;
15 Assistant Planning & Zoning Director, Peter Hofheinz; Assistant Planning & Zoning Director, Joann
16 Skaria and Planning Manager, Martin Fitts.
17 IV. ADDITIONS, DELETIONS, MODIFICATIONS
18 None.
19 V. REPORT BY DIRECTOR OF PLANNING AND ZONING: NATALIE CROWLEY
20 Director of Planning & Zoning, Natalie Crowley reported at the January 12, 2023, City Council
21 meeting, Ordinance 15, 2022, the voluntary annexation petition, was approved on second and final
22 reading. Resolution 3, 2023, the BB&T site plan amendment, was passed. The applicant worked with
23 staff to modify the buffer, adhering to conditions. Resolution 1, 2023 and Resolution 2, 2023, the Alton
24 medical center, were approved.
25 VI. APPROVAL OF MINUTES
26 Board Member Savel made a motion to approve the December 13, 2022, meeting minutes.
27 Board Member Mansfield seconded.
28 Motion passed 7-0.
29 Chair Hansen read the following into the record:
30 Comments from the public: Please submit a comment card to the Agenda Coordinator prior to the
31 commencement of the public hearing(s). You will be called to the podium where you will state your
32 full name and address and be given three (3) minutes to address the Board.
33 VII. PUBLIC HEARINGS
34 Those preparing to give testimony were sworn in.
35 Board Member Mansfield recused himself from the dais for Item 1 PVAR-22-11-000012 and Item
36 2 SPLA-22-11-000065. The company he works for represents the sales site of the subject property.
37 He filled out Voting Conflict Form 8B.
38 First Alternate Hess served on the dais for Item 1 PVAR-22-11-000012 and Item 2 SPLA-22-11-
39 000065.
40 1. Consideration of Variance (Public Hearing) — QUASI-JUDICIAL HEARING
41 PVAR-22-11-000012 — DMBH Residential Investment, LLC and PGA Landing Marina, LLC
42 requests variances for the setbacks and the buffers for the PGA Waterfront
43 A request from DMBH Residential Investment, LLC and PGA Landing Marina, LLC for variances
44 to the setback and buffer widths for the PGA Waterfront project located on the southwest corner
45 of the intersection of PGA Boulevard and Ellison Wilson Road.
46 Chair Hansen opened the public hearing.
47 Chair Hansen asked for ex parte communication for Item 1 PVAR-22-11-000012.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 1
01-17-23
I All Board Members declared ex parte communication for having met with staff during separate
2 agenda review meetings.
3 Petitioner presentation: George Gentile, Gentile Holloway O'Mahoney & Associates.
4 Staff presentation: None.
5 Staff recommended approval of PVAR-22-11-000012 — DMBH Residential Investment, LLC and
6 PGA Landing Marina, LLC requests variances for the setbacks and the buffers for the PGA
7 Waterfront.
8 Public comment: None.
9 Chair Hansen closed the public hearing.
10 Chair Hansen brought the item back for discussion. Discussion ensued.
11 Board Member Coppage made a motion to approve PVAR-22-11-000012 — DMBH Residential
12 Investment, LLC and PGA Landing Marina, LLC requests variances for the setbacks and the buffers
13 for the PGA.,Waterfront.
14 Board Member Millar seconded.
15 Motion passed 6-1.
16 Board Member Oftedal opposed.
17 2. Recommendation to City Council (Public Hearing) — QUASI-JUDICIAL HEARING
18 SPLA-22-11-000065 - DMBH Residential Investment, LLC and PGA Landing Marina, LLC
19 requests to add 8 dwelling units and other site plan modifications to the PGA Waterfront Plan
20 A request from DMBH Residential Investment, LLC and PGA Landing Marina, LLC for a Site
21 Plan Amendment to add eight (8) dwelling units, increase the building height to 86.48 feet, and
22 implement additional modifications to the site plan for the PGA Waterfront project located on the
23 southwest corner of the intersection of PGA Boulevard and Ellison Wilson Road.
24 Chair Hansen opened the public hearing.
25 Chair Hansen asked for ex parte communication for Item 2 SPLA-22-11-000065.
26 All Board Members declared ex parte communication for having met with staff during separate
27 agenda review meetings.
28 Petitioner presentation: George Gentile, Gentile Holloway O'Mahoney & Associates; Dan
29 Catalfumo, Catalfumo Companies.
30 Staff presentation: Planning Manager, Martin Fitts.
31 Staff recommended approval of SPLA-22-11-000065 — DMBH Residential Investment, LLC and
32 PGA Landing Marina, LLC requests to add 8 dwelling units and other site plan modifications to
33 the PGA Waterfront Plan.
34 Public comment: None.
35 Chair Hansen closed the public hearing.
36 Chair Hansen brought the item back for discussion. Discussion ensued.
37 Board Member Millar made a motion to recommend to City Council SPLA-22-11-000065 -
38 DMBH Residential Investment, LLC and PGA Landing Marina, LLC requests to add 8 dwelling
39 units and other site plan modifications to the PGA Waterfront Plan.
40 Board Member Savel seconded.
41 Motion passed 6-1.
42 Board Member Oftedal opposed.
43 VIII. OLD BUSINESS
44 None.
45 IX. NEW BUSINESS
46 None.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 2
01-17-23
1 X. ADJOURNMENT
2 Chair Hansen adjourned the meeting at 6:55 p.m.
3 The next regular meeting will be held on February 14, 2023.
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Approved:
Charles Millar
ATTEST:
Patricia Snider, C C
City Clerk
Note: these minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
meeting. A verbatim audio recording is available from the Office of the City Clerk.
All referenced attachments on file in the Office of the City Clerk.
Note: all those preparing to give testimony were sworn in.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 3
01-17-23
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: January 18, 2023
TO: Palm Beach County
Commission on Ethics
2633 Vista Parkway
West Palm Beach, FL 33411
Sent via email: ethics ,palmbeachcountyethics.com
Re: Form 813 — Planning, Zoning & Appeals Meeting
Member Zachary Mansfield
2-for Your Records
0 As Requested
13 For Review and Signature
Signed
Patricia Snider, CMC, City Clerk
0 For Recording
CI Returned for Corrections
O Other:
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LASS NAM FIfT NAME —MIDDLE NAME
MAILING ADDRES
(f 3
CITY✓� r (� COUNTY
PI
DATEi ON WHICH VOTE OCCURRED
NEO>D, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
T((HHHJJE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
7H I SERVE IS A UNIT OF:
Y Q COUNTY ❑ OTHER LOCALAGENCY
NAME OF POLITICAL SUBDIVISION:
WHO MUST FILE FORM 813
Q ELECTIVE APPOINTIVE
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 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 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
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a 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 (CRAs) 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
minutes 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 are not prohibited by Section 112.3143 from otherwise
participating 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 page 2)
CE FORM 8B - EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.
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
hereby disclose that on2023
(a) A measure came or will come before my agency which (check one or more)
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, rr
y" inured to the special gain or loss of r✓ t
whom I am retained; or
inured to the special gain or loss of
, by
, which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b) The me sure before my agency arnddttCl3 natur of my confli ting interest the 7re is as follows: �7P
LJI6��t PWC4!�
VA c A65
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If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
I
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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. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.