HomeMy WebLinkAboutMinutes P&Z 062111CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
JUNE 21, 2011
6 1. CALL TO ORDER
7 The regular meeting was called to order at 6:00 p.m. by Vice Chair Randolph Hansen.
8 U. PLEDGE OF ALLEGIANCE
9 HL ROLL CALL
10 Members Present: Vice Chair Randolph Hansen, Charles Hathaway, Joy Hecht, Roma
11 Josephs, Douglas Pennell, Howard Rosenkranz (First Alternate sitting for Amir Kanel).
12 Members Absent: Chair Michael Panczak, Amir Kanel.
13 Also Present: City Attorney R. Max Lohman; Director of Planning and Zoning Natalie Crowley:
14 Senior Planner Richard Marrero: Planner Kathryn Wilson.
15 IV. ADDITIONS, DELECTIONS, MODIFICATIONS
16 None.
17 V. REPORT BY DIRECTOR OF PLANNNING AND ZONING: NATALIE CROWLEY
18 Director of Planning and Zoninatalie Crowley reported on items approved by the City Council at
19 the June 2, 2011 meeting and reminded board members about the Ethics Training and Form 1
20 submission.
21 VI. APPROVAL OF MINUTES
22 Charles Hathaway made a motion to approve the April 12, 2011 minutes.
23 Douglas Pennell seconded.
24 Motion passed 6 -0.
25 Those preparing to give testimony were sworn in.
26 VII. PUBLIC HEARINGS
27 1. Recommendation to City Council (Public Hearing) Quasi - Judicial Hear�g
28 SPIA 10-07-000019 - Downtown at the Gardens - Major Site Plan Amendment — A request by
29 Downtown at the Gardens Associates Ltd, for approval of a site plan amendment to modify the
30 Master Lake Area Plan, and revise certain conditions of approval relative to the timing of the
31 installation of the plan improvements. The site is located north of Kyoto Gardens Drive, east of
32 Alternate AlA, south of Gardens Boulevard, and west of the Landmark and Gardens Pointe
33 Developments.
34 Presentation: Donaldson Hearin$, Cotleur & Hearing; Kevin Ber'utwo, Downtown at the Gardens.
35 Staff Presentation: Senior Planner Richard Maner+o.
36 Discussion ensued.
37 Douglas Pennell made a motion for approval of SPLA -10 -07- 000019 Major Site Plan Amendment
38 to revise the Master Lake Area Plan, recommend to City Council and stipulate that we remove the
39 original art work and then go with an alternative plan leaving open space and creating shade,
40 conceptually alternative plan.
41 Roma Josephs seconded.
42 Motion passed 6 -0.
43 2. Recommendation to City Council (Public Hearing) Quesi�Tudicial Heat
44 SPLA -11 -05-000025 — Frenchman's Creek Planned Community Development (PCD) Major Site
45 Plan Amendment — A request from Frenchman's Creek, Inc., for approval of a site plan amendment
46 to allow a perimeter fence, eight (8) feet in height, to be located around the entire PCD.
47 Frenchman's Creek is located at the southeast comer of Donald Ross Road and Alternate Al A.
48 ,Toy Hecht recused herself from this portion of the meeting, left the dais and filled out Form 8B.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 1
06-21-11
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Presentation: Jennifer Mortion, Land Design South.
Howwd Rosenkranz left the meeting at 7:00 p.m.
Staff Presentation: Planner Kathryn Wilson.
Discussion ensued.
Charles Hathaway made a motion to deny SPLA -11 -05 -000025 Frenchman's Creek Planned
Community Development (PCD) Major Site Plan Amendment.
Roma Josephs seconded.
Motion failed 2 -2. Charles Hathaway and RmWol hh Hanson voted aye and Roma Josephs and
Douglas Pannell voted nay.
Joy Hecht returned to the dais.
DL OLD BUSINESS
DouzW Pennell discussed code violation signage at the Gilded Spa & Salon at PGA Commons.
X. NEW BUSINESS
Presentation on chap es to legislation, Communi Planning Act 7207: Dhvdtor of Plannu�
and Zonmg Natalie Crowe .
The board members requested postponement until late summer.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 2
06-21-11
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X1. ADJOURNMENT
Charles Hathaway made a motion to adjourn the meeting at 7:25 p.m.
Roma Jose hs seconded.
The next regq
APPROVED
Douglas Pennell
Charles Hathaway
38
39 -
40-
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43 /
44-
45
Orr - 1)=aM. Cannon
47 run c pal Services Coordinator
49 Nate: -These minutes are prepared in compliance with 286.021 F.S. and are not verbatim transcripts of the
50 meeting.
51 All referenced attachments are on file in the Office of the City Clerk.
52 Note: All those preparing to give testimony were sworn in.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 3
06-21-11
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAM ;FIRST AME -MI
6 C/ v
ME
NAME OF UM,; VCIL, MISSION, AUTHORITY, OR COMMITTEE
MAILING D
nn
1 1
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHK;H I SERVE IS A UNIT 9F:
Li CITY COUNTY ❑ OTHER LOCAL AGENCY
CITY n I�
NAME OF POLITICAL SUMVISION-
DATE TE ICH V OCCURRED
(�(� 1/1 W
MY POSFfK)N I&
❑ ELECTIVE J 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
cap acity.
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, 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 wiff incorporate the form 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 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_
ISCLOSURE OF LOCAL OFFICER'S INTEREST
01
hereby disclose that on � �
"\�� l `L ( , 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 , by
whom I am retained; or
inured to the special gain or loss of
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:
Ji�
Date Filed SignaAure
which
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 813 - EFF. 1/2000 PAGE 2
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAM ;FIRST AME -MI
6 C/ v
ME
NAME OF UM,; VCIL, MISSION, AUTHORITY, OR COMMITTEE
MAILING D
nn
1 1
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHK;H I SERVE IS A UNIT 9F:
Li CITY COUNTY ❑ OTHER LOCAL AGENCY
CITY n I�
NAME OF POLITICAL SUMVISION-
DATE TE ICH V OCCURRED
(�(� 1/1 W
MY POSFfK)N I&
❑ ELECTIVE J 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
cap acity.
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, 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 wiff incorporate the form 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 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_
ISCLOSURE OF LOCAL OFFICER'S INTEREST
01
hereby disclose that on � �
"\�� l `L ( , 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 , by
whom I am retained; or
inured to the special gain or loss of
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:
Ji�
Date Filed SignaAure
which
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 813 - EFF. 1/2000 PAGE 2