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HomeMy WebLinkAboutMinutes P&Z 071106• PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING July 11, 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 6:30 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 INTERIM GROWTH MANAGEMENT DIRECTOR Michael Sanchez, Planning Manager reported approvals by City Council since the last meeting included the last phase of Village Square and conditional use for the Vavrus property. Brad Wiseman, Planning Manager reviewed Downtown at the Gardens previous approvals and presented field research explaining how approved waivers and administrative approvals had affected the project. Mr. Sanchez reviewed Legacy Place previous approvals, and administrative approval requests that had been approved and denied. Photos of the project were presented. Changes to • particular buildings were discussed. APPROVAL OF MINUTES: JUNE 27, 2006 Mr. Kanel noted board discussions were not included in the minutes of the June 27, 2006 meeting. Mr. Solomon responded that a few meetings ago it had been explained that the audio tape would be the official record, and the minutes would not be the full text. It was confirmed by staff that both the recording and the minutes were available to the public. Concerns expressed were that with only summary minutes that City Council would not be aware of the board's comments since they would probably not listen to the recording, and that recording from another meeting had not been available when requested by the public. Staff explained that the City Council staff reports listed all the board's comments, all of the issues raised by the board, explained how the applicants had addressed each of those comments, and included a staff analysis of those revisions. Mr. Solomon recommended that an introductory paragraph of a sentence or two be included at the beginning of each of the minutes to let readers know the minutes did not contain the full text and there was a verbatim record available. Chair Kunkle requested that be done for these minutes and that approval be deferred until that was done. 40 Planning, Zoning, and Appeals Board Meeting Minutes July 11, 2006 Page 2 • ROLL CALL Debbie Andrea, Recording Coordinator for the meeting, called the roll for the Planning, Zoning and Appeals Board: Present Chair Craig Kunkle Vice Chair Barry Present Dennis Solomon Douglas Pennell Jonathan D. Rubins Joy Hecht (I" Alt.) Amir Kanel (2nd Alt.) Absent Randolph Hansen Michael Panczak All those present intending to offer testimony in tonight's cases were sworn in. Public Hearing and Consideration of Approval: Petition CVWA- 06- 06 -01: 382 Riverside Drive — Waiver to Allow for Commercial Vehicle to be Parked in Driveway • A request by Rudolph Stehr, property owner, for a waiver from Section 78 -393, of the City's Land Development Regulations, entitled Parking and Storage Restrictions for Commercial Vehicles, to allow for a van with roof rack and ladder in the driveway of the residence located at 382 Riverside Drive. Michael Sanchez indicated a staff report was available. Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle declared the public hearing closed. Members of the board indicated they were not opposed to the request, and petitioner Audrey Stehr responded to questions. MOTION: Mr. Rubins made a motion to approve Petition CVWA- 06- 06 -01. Mr. Pennell seconded the motion, which carried by unanimous 7 -0 vote. is Planning, Zoning, and Appeals Board Meeting Minutes July 11, 2006 Page 3 • Public Hearing and Recommendation to City Council. Ex Parte Communication (Ouasi Judicial) Petition SPLN- 06- 02 -04: Amendment to Banyan Tree PUD - Development of Phase II Public Hearing and Recommendation to City Council. A request by Mr. Ryan Johnston of Johnston Group Land Development Consultants, Inc., on behalf of Normac Development, LL C, for approval of an amendment to the Banyan Tree Planned Unit Development (PUD) to allow (1) the construction of an office building consisting of 30,000 square feet of medical office space and 20, 000 square feet of professional office space on Phase H of the PUD; and (2) an extension of the build out date of the PUD to December 31, 2008. The approximately 3.93 -acre Phase H of the Banyan Tree PUD is generally located at the northwest corner of the intersection of Northlake Boulevard and MacArthur Boulevard The following ex -parte communication was reported: Chair Kunkle reported he had met with the applicant. Mr. Present and Mr. Solomon each reported they had met with Ryan Johnston and Steve Fisher. Ryan Johnston provided a presentation on behalf of the petitioner and responded to concerns regarding the front landscape berm height and the amount of foundation landscaping, traffic cutting through the parking lot • Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle declared the public hearing closed. MOTION: Mr. Present made a motion to recommend to City Council approval of Petition SPLN- 06-02-04 with all of the requested waivers except No. 4, which the applicant had requested be removed. Mr. Rubins seconded the motion, which carried by unanimous 7 -0 vote. Public Hearing and Recommendation to City Council: Ex Parte Communication (Ouasi Judicial) Petition PUDA- 06- 05 -02: Oak Park Office Park — Amendment to the Development Order Public Hearing & Recommendation to City Council: A request by Don Hearing, agent for Oak Park Acquisitions, LLC, for approval of an amendment to the development order of the Oak Park Office Park PUD to amend Condition Number 13 of Resolution 114, 2005 to require only the platting of Phase H of the PUD. The Oak Park Office Park PUD is generally located on the west side of Prosperity Farms Road, 1,277 feet south of PGA Boulevard and is approximately 1. 96 acres in size. Chair Kunkle passed the gavel to Vice Chair Present, and stepped down due to conflict of interest. Vice Chair Present called for ex -parte communication; none was reported. is 11 • 40 Planning, Zoning, and Appeals Board Meeting Minutes July 11, 2006 Page 4 Donaldson Hearing provided a presentation on behalf of the applicant. In response to concerns raised by the board, Jim Griffin, representing the developer, explained one entity would provide all property maintenance, and that the City Attorney had reviewed the condominium document. Vice Chair Present declared the public hearing open. Sally Benson, former member of the condo association board, expressed concern regarding what effect a replat would have and and requested that the board defer approval or add a condition to protect current unit owners. Preston Teals, President of the current association, recommended approval by the members of the association occur before presentation to City Council. Mr. Griffin clarified this request was only for a plat of phase II and that it was already a condition of approval that a building permit or CO could not be received until parcel 2 was a part of the condominium. Hearing no further comments from the public, Vice Chair Present declared the public hearing closed. The City Attorney indicated she was comfortable that this item should proceed. MOTION: Mr. Solomon made a motion to recommend to City Council approval of Petition PUDA- 06-05-02 recognizing that the effect of this motion and City Council action is contingent upon the applicant developer becoming a member of the overall condominium association and the plat of Phase II would have to be approved prior to issuance of a building permit. Motion carried by unanimous 6 -0 vote. Chair Kunkle was re- seated on the board. Recommendation to City Council. MISC- 06- 05 -13: Frenchman's Yacht Club Master Sienaae Program Recommendation to City Council. A request by George Gentile, Holloway, O'Mahoney and Associates on behalf of Frenchman's Yacht Club Developers, LLC, for approval of a master signage program as required by Resolution 152, 2005. The Frenchman's Yacht Club is within the Frenchman's Creek DRI/PCD and is located at the southeast corner of Donald Ross Road and Prosperity Farms Road Dodi Glas provided a presentation on behalf of the applicant. Vice Chair Present asked if it was time to review signage, especially internal signage. Staff advised that signage amendments were currently under review. MOTION: Mr. Solomon made a motion to recommend to City Council approval of Petition MISC- 06-05-13 as submitted by staff with the three waivers. Mr. Rubins seconded the motion which carried by unanimous 7 -0 vote. Planning, Zoning, and Appeals Board Meeting Minutes July 11, 2006 Page 5 • OLD BUSINESS Mr. Rubins requested an update on the high school. Mr. Sanchez noted the City Council had approved a new school for Mirasol, and the School District had indicated they were still working on the elevations for the high school, therefore the anticipated construction date had been pushed back. NEW BUSINESS Mr. Pennell asked if the signage at Donald Ross Village had been approved by this board or administratively, since he felt some of the signs were not of the quality seen for some of the other recent projects. Staff indicated a report could be provided at the next meeting. Dodi Glas reported there had been a master signage program but there had been some waivers. The City Attorney reminded the board that PZAB workshops were now noticed and conducted as public hearings. Steven Mayer, new Senior Planner, was introduced to the board. Mr. Present clarified the first agenda item for approval of the commercial van had been an old one and the public might not know that, and asked that be clarified in the future for • benefit of the public. Mr. Kanel asked how the code addressed trucks, since they were now used much more than in the past for every day use. Staff clarified that the code in regard to commercial vehicles had been addressed within the last 2 -3 years, and that the particular van in tonight's case had a roof rack. is Planning, Zoning, and Appeals Board Meeting Minutes July 11, 2006 Page 6 • ADJOURNMENT • 40 There being no further business, the meeting will be held July 25, 2006. APPROVED: ('raia was adjourned at 8:28 p.m. The next regular Amir Kane] Deb Ne Andrea, Recordi oordinator for the Meeting Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 1S V %A41 114-'1 \ \tl \II NAME ARI.COUN( 11'.`('0MMIN%ION. AU 11(0RII Y.OR ('0MM1111 E �� V-1 �7 I H1 HOARD. OUN( 1- COMMISSION. AUl HORII) OR COM Mill EE ON w111CH I SERVE 11 A UVI1 OF MY O COUNTY O Ol HER I OCAI. AGENCY C1 l ('Ot' \ lY c � NAME Of POI.ITICAI. tiU801VIS10N_ IIAI E 0% M'HI('H voI F (WCURRFD MY POSITION IS: O ELECTIVE APPOI%TIVE WHO 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 112.3143, Florida Statutes. Your 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 roerse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding eleczi\e county municipal, or other local public office MUST ABST IN from \oting on a measure which inures to his special pri\ate gain. Each local officer also is prohibited from kno \ \inely voting on a measure \, hich inures to the special gain of a principal (other than a eovernment agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE COTE BEING TAKEN' b\ publicly stating to the assembly the nature of your Interest in the measure on \which you are abstaining from \otine. and i 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: A person holding appointive county, municipal, or other local public office `LUST ABSTAIN from yotine on a measure which inures to his special pri\ate gain. Each local officer also is prohibited from knowingly yotine 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 makine 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 ,hould 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 conflict of interest. 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 recordingihe minutes of the meeting, who should incorporate the form in the minutes. l DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on 0 (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 �" "��L' ' by %-hom l am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: t? (a/ a4 Date Filed I Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), 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 $5,000. CE FORM 18 - 1A1 PAGE 2