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Minutes P&Z 061306
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING June 13, 2006 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 6:35 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. REPORT BY GROWTH MANAGEMENT DIRECTOR There was no report by the Growth Management Director. ROLL CALL Debbie Andrea, Secretary for the meeting, called the roll for the Planning, Zoning and Appeals Board: Present Absent Chair Craig Kunkle Vice Chair Barry Present Dennis Solomon Randolph Hansen Michael Panczak Douglas Pennell Jonathan D. Rubins Joy Hecht (I" Alt.) Amir Kanel (2 °d Alt.) All those present intending to offer testimonies in tonight's cases were sworn in. APPROVAL OF MINUTES: MAY 23, 2006 Motion was made and seconded to approve the minutes of the May 23, 2006 PZA meeting, and unanimously carried by 7 -0 vote. Public Hearing and Recommendation to City Council: Ex Parte Communication (Quasi Judicial) Petition CUMJ- 06- 03 -04: Elementary School at Mirasol A request by the School District of Palm Beach County for approval of a Conditional Use and Site Plan to allow the construction of a two (2) story, 127,448 square foot elementary school on the 16.38 -acre elementary school site within the Mirasol Planned Community Development (PCD), generally located on the South side of Hood Road immediately West of the Florida Turnpike. Planning, Zoning, and Appeals Board Meeting Minutes June 13, 2006 Page 2 Vice Chair Present announced he was stepping down due to his association with the School Board. Tanya Deal with the Palm Beach County School District Planning Department presented the project on behalf of the applicant. Mr. Sanchez explained that the original approval did not include access to Hood Road. Chair Kunkle declared the public hearing open. Arnie Seigel of Eastpointe commented he had the survey from 2000 which indicated 32 acres were to be used for a school site; 16 acres were being used now for the elementary school and he had understood there was a 7 -year limit, and if nothing was built the land would revert to the developer. School District staff confirmed that by moving forward with the elementary school the reverter requirement had been met, and a middle school would be added when the need was indicated. Mr. Seigel asked how Hood Road access would affect traffic from the Briger site, to which the response was, that was not yet known. Chair Kunkle called for ex -parte communication; no one reported ex- parte. MOTION: Mr. Rubins made a motion to recommend to City Council approval of Petition CUMJ- 06-03-04. Mr. Pennell seconded the motion, which carried by unanimous 6 -0 vote, as no alternate had taken Mr. Present's seat on the board. Mr. Present was re- seated on the board. Public Hearing and Recommendation to City Council: Ex Parte Communication (Ouasi Judicial) Petition PCDINOPG05 -01: Amendment to the Regional Center DRI/PCD Public Hearing & Recommendation to City Council: A request by Brian Cheguis of Codeur & Hearing, agent for Menin Acquisition 1, LLC, to amend the Development Order for the Regional Center Development of Regional Impact (DRI) and the Planned Community Development (PCD) by amending the land -use conversion matrix to allow for the conversion of business office square .footage to hotel, residential, and retail; and modify the required minimum and maximum thresholds in the range of floor spaces allocation for the land use chart accordingly. The Regional Center DRI is located at the Northeast corner of PGA Boulevard and Alternate AIA and extends Eastward to the intersection of PGA Boulevard and Prosperity Farms Road Chair Kunkle announced that there had been a request for postponement; however, since this petition had been advertised he would need to open the public hearing. Chair Kunkle declared the public hearing open. There were no comments from the public. Planning, Zoning, and Appeals Board Meeting Minutes June 13, 2006 Page 3 MOTION: Mr. Solomon made a motion to continue the public hearing for petition PCD/NOPC -05- 01 to a date certain of June 27, 2006. Mr. Panczak seconded the motion, which carried by unanimous 7 -0 vote. Public Hearing and Recommendation to City Council: Ordinance 16, 2006 1Petition LDRA- 06- 05 -03: City- initiated Public Notice Requirements Public Hearing and Recommendation to City Council: A City- initiated request to amend the Palm Beach Gardens Land Development Regulations relating to the public notice requirements for development applications. Planning Manager Kara Irwin presented the staff report. Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle declared the public hearing closed. MOTION: Mr. Panczak made a motion to recommend to City Council approval of Petition LDRA- 06-05-03. Mr. Rubins seconded the motion, which carried by unanimous 7 -0 vote. OLD BUSINESS Mr. Kanel reported, that had spoken to Don Hearing regarding the second item on tonight's agenda which had been postponed. Mr. Hearing advised him of the improvements planned for the regional center. Mr. Kanel commented residents did not know the plan for the City, that there was concern about high rises, and everything seemed to just be approved by using waivers. Mr. Kanel indicated he was not against development, but there needed to be a plan, a vision for the City, especially with Scripps coming. Mr. Kanel asked if there was a master plan that could be published. Mr_ Sanchez responded at the last City Council meeting there had been discussion of a professional planning entity holding a charrette of what they thought the vision should be and getting input from the Council, residents, and this board, and then establishing a vision for the City, but no date had been set. Chair Kunkle asked for a presentation at the first meeting in July using a master City site plan showing with colors what had been approved, what was vacant, the downtown section, the high -rise section, where sprawl was going to occur, etc. Mr. Kanel commented the biggest unknown was the Vavrus site, and a consultant who worked for Vavrus had approached the Steeplechase board wanting to make a presentation on the benefits of development at the Vavrus site. Mr. Kanel had turned down the offer since he was on the Planning and Zoning board. Ms. Irwin advised staff had been following the master plan and the projects that had been approved had been done legally according to that plan, and staff could get a presentation together within 30 days. Ms. Hecht reported Mr. Wu had felt the whole area South of PGA would be changing. Chair Kunkle commented as neighborhoods grew older there would be changes, and redevelopment of existing areas should also be included in the master plan. Planning, Zoning, and Appeals Board Meeting Minutes June 13, 2006 Page 4 Mr. Hansen commented on the roof lines at Legacy Place. Mr. Sanchez reported he had contacted the developer, who was correcting those and the buildings which appeared to be two stories. Discussion ensued regarding buildings along PGA Boulevard. Mr. Pennell asked about revisions to Downtown at the Gardens, which was still rather vanilla, and not what the board originally had seen and expected. Mr. Sanchez indicated there would be a report at the next meeting. Discussion ensued. Mr. Pennell expressed his regret over not standing with Mr. Solomon on the video wall. Mr. Solomon suggested changing the wall in front of the lake to make part of it grillwork so that the lake could be seen. Mr. Present requested this project be brought back to see if what had been built was as approved, and the City Attorney advised there would be recourse if what had been built was not what had been approved, so it was important to go back and check against the approvals. Mr. Panczak indicated many storefronts were still covered with stuccoed plywood and would look much different when the stores opened. Consensus was to review the approved plans to see if there were significant variations. NEW BUSINESS There was no new business to come before the board. Planning, Zoning, and Appeals Board Meeting Minutes June 13, 2006 Page 5 ADJOURNMENT There being no further business, the meeting was adjourned at 7:08 p.m. The next regular meeting will be held June 27, 2006. APPROVED: Craig Kunkle, Jr., Ch 'r z �j Ramp ArPecant inn hair Jonathan Rubi s� Joy Hecht -w4 Amir Kanel Debbie Andrea, Secretary for the Meeting FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 1N1 %A \II 1 IRN 1 N \\II MIDI111 %AMF NAME. OF HOARD. it. ('OMMINSION, AU I UORI1 Y. OR ('0MMI1l1 E I't \ JSZ NT_ A U Y 1'9ZA N I f Z_ _?Nl wl all IM. \111181 Ns _ _ I Hi HOARD. 470,t) (1L. ('OMM11 ION. AIJI N I1) OR COMMITTEE ON WHICH VERVE IN A (INll OF �- v Ctly O COUNTY O Ol HER LOCAI. AGE %CY CI IN IBM ('Ol' \ Y NAME OF POI.I7TCAI. SU801ViSlON: &A e-11 'f f4v 1)A1E01NNl('H\'(11F(X'CIRRfb / ) z 6 - MY POSITION IS: ❑ ELECTIVE Q/- /✓fO(_�' 1FPO1%TIVE 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 112.3113. Florida Statutes. Nbur responsibilities under the law when faced with 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 ;he reNerse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elect iNe count, municipal, or other local public office MUST .-ABSTAIN from Noting on a measure which inures to his special pri\ate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a eo%ernment agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN bN publicly stating to the as,embly the nature of %our Intents[ in the measure on which you are abstaining from Noting: and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording I the minutes of the meeting, who should incorporate the form in the minutes. .APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special priNa[e gain. Each local officer also is prohibited from knowingly Noting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision b% oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should 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. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conllirr of ;n,L r IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recordingthe minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST S�NQ l3 ,zQOG 1, Jl- ,hereby disclose that on , W—: (a) A measure came or will come before my agency which (check one) inured to my special pri%ate gain. or inured to the special gain of , by %hom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: C(,c ✓L+ S -- 04-03--of e�&J112,, ,0,tj 61� xt'l da,,,xjm sA,:�l. / oojpx ,alo ye-r 6 -4 �10 ) ©( �,:J� A f 44L 4vy 4 /tiv b! ✓ -Y.t�t rN A a!S <�LoN 0'{ tv4*V Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND ,IMAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FRO!NI OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. CE FORA US - IAt PAGE I