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HomeMy WebLinkAboutMinutes P&Z 121404PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING December 14, 2004 MINUTES The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach Gardens, Florida, was called to order by Chair Craig Kunkle at 6:30 P.M. in the Council Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. REPORT BY GROWTH MANAGEMENT DIRECTOR There was no report by the Growth Management Administrator. APPROVAL OF MINUTES Mr. Hansen moved approval of the minutes of the November 23, 2004 meeting as submitted. Mr. Solomon seconded the motion, which carried by unanimous 7 -0 vote. ROLL CALL Betty Laur, Secretary for the meeting, called the roll for the Planning, Zoning and Appeals Board:, Present Craig Kunkle, Chair Dennis Solomon Randolph Hansen Michael Panczak Douglas Pennell Charles Hereford Jay H. Bramson (0 alternate) Jonathan D. Rubins (2 °a alternate) Absent Barry Present, Vice Chair All those intending to offer testimony in tonight's public hearings were sworn. Recommendation to City Council. Petition SP-04-15 Site Plan Amendment A request by Mr. Don Hearing, agent for Anspach Holdings, Ltd., to allow for approval of a 17,270 square foot building located on Lot 2 of the 7.0 -acre site which comprises Lots 1 and 2 of the North Corp Planned Community Development (PCD). The subject site is generally located at the southwest corner of the intersection of Riverside Drive and North Corp Parkway. Planning, Zoning, and Appeals Board Meeting Minutes December 14, 2004 Page 2 Ex -parte communication reported by Chair Kunkle was that he had spoken with Don Hearing that day. No other ex -parte was reported. Delores Key, Economic Development and Marketing Administrator, introduced the project. Planner Autumn Sorrow reviewed the staff report. Mr. Hansen asked if staff had given any consideration to having the architecture conform to the design guidelines, which had been adopted after this project had begun. Mr. Benothman responded staff had focused on consistency with the existing building. Mr. Hansen asked about the possibility of raising the entrance canopies, to which Mr. Benothman responded if the board requested that, it would be done. Mr. Hansen asked if using the remaining 167 unused trips would mean NorthCorp was built out, to which the response was yes. Mr. Benothman explained staff did not know if there was undeveloped land, but that was the maximum number of trips remaining. Mr. Panczak asked how many signs were on the existing building, to which the response was there was one on the north and one on the west elevation, and a monument sign in front. Donaldson Hearing spoke on behalf of the applicant, and explained this was the first economic development project that had come before this board. Mr. Hearing commented on item 6 that it was burdensome and costly for the applicant to send every piece of information to the City Engineer. Mr. Hearing agreed to a compromise on the signage to take the lettering down to 16 " -18" inches. The purpose of the new building was for research and development. Mr. Hansen supported staff on the signage. Project Architect Alan Strassler had no objection to pulling the curve up on all three sides to 24 " -30" above the building. Mr. Solomon asked if any consideration had been given to citing the building on Riverside Drive, to which Mr. Hearing responded it had been considered. The applicant confirmed that the air conditioning equipment would be screened. Mr. Solomon indicated he supported staff on the waivers. Mr. Benothman advised that condition 6 was standard for every development. Mr. Rubins concurred with the signage and stated otherwise he was in support. Mr. Hereford concurred with the staff recommendations. Mr. Bramson asked if there was any usage of the new building above the second story. The applicant advised it was just volume needed for research and development. Mr. Wu announced that Mr. Pennell had stepped down due to conflict of interest and Mr. Rubins would be voting on this petition. Planning, Zoning, and Appeals Board Meeting Minutes December 14, 2004 Page 3 MOTION: Mr. Solomon made a motion to recommend to City Council approval of Petition SP- 04-15 with the modification by Mr. Hansen to increase the arch element on the canopy on all three sides by between 24" to 30 ", and with all requested waivers and conditions except one signage waiver. Mr. Hansen seconded the motion, which carried by unanimous 7 -0 vote. Mr. Pennell was seated at the dias. Public Hearing and Recommendation to City Council: Petition CP -04 -05 — Large Scale Land Use Amendment for the Regional Park A City- initiated request for a large -scale land use map amendment to change the current land use designation for an 81.80 -acre site from Residential Medium (RM) to Conservation (CONS). The subject site is located west of Interstate 95, east of Central Boulevard, south of the Old Palm Planned Community Development (PCD), and North of the Duncan Middle School and the Garden Lakes Planned Unit Development (PUD). Senior Planner Brad Wiseman presented the project. Chair Kunkle declared the public hearing open. Robert Davis withdrew his comment. There were no other comments. Mr. Bramson noted page 13 referred to restoration activities for conservation areas and commented that he did not like the wording of "may" and "can". City Forester Mark Hendrickson explained that all exotics would be removed during restoration; that the requirement referred to was a county requirement from which the City was exempted. A management plan would need to be approved and then budgeted. Mr. Hereford asked what might go in, with the requirement to have only one dwelling unit per 20 acres. Mr. Wiseman explained there could only be four homes on the entire site. Mr. Hendrickson suggested it could be someone living on the site to actually manage the site. Mr. Pennell asked if the area would be fenced. Mr. Wiseman explained that fences would be provided to protect wildlife. Mr. Solomon commented it was wonderful to have land left in its natural state, and it would be more consistent with the vision of the comprehensive plan to have an elevated walkway as a nature trail, and 4 -5 parking spaces. Staff explained the intent was to use the land for passive nature trails. Mr. Solomon suggested language to that effect be included. Staff explained that conservation zoning would allow that to happen. Mr. Solomon requested if this board approved this request to have language that the board encouraged the city to enhance the public enjoyment of the property. Mr. Wu indicated staff would place that into the record. Planning, Zoning, and Appeals Board Meeting Minutes December 14, 2004 Page 4 Mr. Panczak asked if this was approved by City Council, if the interlocal agreement would go away. Staff indicated currently the City and County were in discussions about what to do about the interlocal agreement, and the County would have to withdraw formally at a meeting. Mr. Benothman pointed out in the staff report that it contained language similar to that suggested by Mr.. Solomon. Chair Kunkle requested staff to place in their report to City Council that this group encourages future passive use for the benefit of the citizens. MOTION: Mr. Pennell recommended to City Council approval of Petition CP- 04 -05. Mr. Solomon seconded the motion, which carried by unanimous 7 -0 vote. Workshop PUD- 04 -08: Northlake Boulevard PUD A request by Dodi Glas of Urban Design Studio, on behalf of Spear Northlake LLC, for a rezoning from a Palm Beach County zoning designation of Agricultural Residential (AR) to a Palm Beach Gardens zoning designation of Residential Low — 3 (RL -3) with a Planned Unit Development (PUD) Overlay to construct 61 single-family detached homes on an approximately 61.9 -acre site, at a density of one dwelling unit per acre. The subject parcel is located on the north side of Northlake Boulevard, approximately . S mile west of the intersection of Northlake Boulevard and Coconut Boulevard. Planner Autumn Sorrow presented the staff report. Chair Kunkle asked the likelihood of annexation, and Mr. Benothman indicated there had been no objection from DCA in their report received that day. Chair Kunkle felt this presentation was premature. Dodi Glas, representative for the applicant, explained the initial plan was to bring everything through concurrently. The applicant had requested this workshop and explained that future annexation was their intent. A poll of the board indicated the majority did not want to go forward. Mr. Wu commented when the applicant was ready, this item would be rescheduled. OLD BUSINESS There was no old business to come before the Board. NEW BUSINESS There was no new business to come before the Board. Planning, Zoning, and Appeals Board Meeting Minutes December 14, 2004 Page 5 ADJOURNMENT There being no further business, the meeting was adjourned at 7:30 p.m.. The next regular meeting will be held January 11, 2005. 7 APPROVED: Jr., Barry Pre t, Vice Chair 1 st Alternate Jay H. Bramson JA-Itemate Jonathan D. Rubins 4at4- etty Laur ecretary for the Meeting COMMENTS FROM THE PUBLIC Please Print P Agenda Item: Date: Name: - v Address: ✓'L Approximate Length of Presentation (minutes) Liz f FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA NAME _F ST N ME —MID E NA NAME OF Bp� RD, CO NGL, CO SSIO ,AUTHORITY, COMMITTEE MAILItDDr ,,-„ r41w u,n `jJ1.� fir/ THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COM I EE ON W ICH I SERVE IS A UNIT OF: CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY NTY VIA �j/� W a Q� v l NAME OF POLITICAL SUBDIVISION: DATE ON W VOTE"-OA�C`C'�RRED / C MY POSITION IS: ❑ 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, 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 813 - 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 1 I, C . Ck-W US 6_r')� hereby disclose that on � / 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 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: �R 4/1 kA alj GM, N 2%of 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. CE FORM 813 - EFF. 1/2000 PAGE 2