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HomeMy WebLinkAboutMinutes P&Z 010907PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING January 9, 2007 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. REPORT BY GROWTH MANAGEMENT ADMINISTRATOR: Mr. Talal Benothman requested the last item on the agenda be moved to the front. ROLL CALL: Debbie Andrea, Public Information Coordinator, called the roll for the Planning, Zoning and Appeals Board: Present Absent Craig Kunkle, Chairperson Jonathan Rubins Barry Present, Vice Chairperson Dennis Solomon Randolph Hansen Michael Panczak Douglas Pennell Joy Hecht, I" Alternate Amir Kanel, 2" d Alternate Ex -Parte Communication Chair Kunkle reported he had met with the applicant on agenda items 6 and 7. Mr. Hansen reported he had met with Donaldson Hearing. Mr. Kanel reported he had spoken with Growth Management Administrator Kara Irwin regarding agenda item 1. All those intending to offer testimony in tonight's cases were sworn in. Chair Kunkle announced the applicant had requested a continuance for agenda item 7, PUD - 04-03: Legends at the Gardens MXD PUD Amendment; Public Hearing & Recommendation to City Council. Chair Kunkle declared the public hearing open. Charles Christo, Bonsai Circle, Legends at the Gardens, expressed concern regarding ingress and egress and signage on behalf of their community. There were no further comments from the public. MOTION: Mr. Pennell made a motion to continue the public hearing for PUD- 04 -03: Legends at the Gardens MXD PUD Amendment to a date certain of February 13, 2007. The motion was seconded and carried by unanimous 7 -0 vote. Planning, Zoning, and Appeals Board Meeting Minutes January 9, 2007 Page 2 Public Hearin,- and Recommendation to City Council. Ex Parte Communication (Public Hearin ,-) 1. Petition PPUD- 06 -12- 000012: Redevelopment of Palm Beach Gardens High School A request by the School District of Palm Beach County for rezoning from Public or Institutional zoning with a Major Conditional Use Overlay to Public or Institutional zoning with a Major Conditional Use and a Planned Unit Development Overlay to allow the demolition of the existing high school and the construction of eight new buildings, of up to three (3) stories, on the 39.74 -acre Palm Beach Gardens High School site, generally located on the east side of Military Trail between Lilac Street and Holly Drive. Mr. Present stepped down due to conflict of interest. Angela Usher, School District of Palm Beach County, introduced Jim Coord and Tanya Deal who worked on this project, presented the site plan for modernization of Palm Beach Gardens High School and no portables were planned. Chair Kunkle declared the public hearing open. John Rose, Holly Drive, asked why capacity of the new building was the same as the old building and confirmed with the applicant there would be no portables added. Mr. Rose noted the residents on Holly Drive had not received notice. Mr. Benothman confirmed residents within 500' from the exterior boundary of the site were sent notices. Mr. Rose expressed his opinion a traffic light would be needed at Lilac Drive. Carolyn Adrian, President of a homeowners' association on Lilac, reported school parking lot lights were on for four days. The applicant noted that would be addressed with the Principal. Carolyn Chaplik, Hudson Bay Drive, was concerned the capacity was the same for the new building as the old and felt it should be built at higher capacity for future expansion. Alma Roads, 4401 Holly Drive, requested trucks not be allowed to idle waiting to enter the school and reported a serious drainage problem that needed to be addressed. Hearing no further comments from the public, Chair Kunkle declared the public hearing closed. MOTION: Mr. Solomon made a motion to recommend approval to City Council of Petition PPUD- 06-12- 000012: Redevelopment of Palm Beach Gardens High School with the waiver as stated in the staff report. Mr. Hansen seconded the motion, which carried by unanimous 7 -0 vote. Public Hearin,- and Recommendation to City Council: Ex Parte Communication (Public Hearin ,-) 2. Petition CUMJ- 06 -11- 000007: Police Communication Tower at Parcel 12.01 (9290 Park Lane) A City - initiated request to approve the major conditional use application .for the installation of a 185 -foot monopole communication tower and two associated unmanned 10'x 20' equipment shelters on City property. The subject site is approximately six acres and is located north of the Hilltop Mobile Home Park and south of Seacoast Utility Authority's (SUA) property. Planning, Zoning, and Appeals Board Meeting Minutes January 9, 2007 Page 3 Planner Richard Marrero presented the staff report. Representatives from the Police Department described the need for the tower, answered questions and addressed concerns expressed by the board. It was clarified that only the site for the tower was being submitted for approval. Chair Kunkle declared the public hearing open. Mike Bailey, resident in the trailer park adjacent to the proposed site, reported Congress Avenue was to come through that area and a second large tower was also proposed for the area and suggested moving the tower location closer to the canal. Hearing no further comments from the public, Chair Kunkle declared the public hearing closed. Mr. Hansen left the meeting at 7:15 p.m. Mr. Kanel expressed concern not enough information had been provided. MOTION: Mr. Pennell made a motion to recommend to City council approval of Petition CUMJ- 06-11- 000007: Police Communication Tower at Parcel 12.01. Mr. Panczak seconded the motion, which carried by 4 -3 vote, with Mr. Pennell, Mr. Panczak, Mr. Present, and Mr. Kunkle in favor, and Mr. Kanel, Mr. Solomon, Ms. Hecht opposed. Recommendation to City Council. Ex Parte Communication (Quasi Judicial) 3. Petition MISC-06 -11- 000019 — Amending Master Signage Program for City Centre Planned Unit Development A request by Urban Design Studio, agent for Lydian Bank to amend the Master Signage Program for the City Centre Planned Unit Development (PUD) to allow waivers for the location and number of wall signs for Lydian Bank. The site is located at the southwest corner of PGA Boulevard and U.S. Highway One on Parcel B at the City Centre PUD. Marty Minor, Urban Design Studio, presented the applicant's request and answered questions from the board. MOTION: Mr. Panczak made a motion to recommend to City Council approval of Petition MISC- 0611- 000019 — Amending Master Signage Program for City Centre Planned Unit Development. Mr. Pennell seconded the motion, which carried by unanimous 7 -0 vote. Public Hearing and Recommendation to City Council. Ex Parte Communication (Public Hearing) 4. PPUD 06 -09- 000011: Sunoco Gas Station — Rezoning from General Commercial (CG- 1) to a Planned Unit Development Overlay and a Conditional Use Overlay with underlying General Commercial (CG -1) zoning: A request by Kevin McGinley of Land Research Management, Inc. as agent for S &S Rentals, L.L. C. to rezone .80 acre from General Commercial (CG -1) to a Planned Unit Planning, Zoning, and Appeals Board Meeting Minutes January 9, 2007 Page 4 Development Overlay and Conditional Use Overlay with underlying General Commercial zoning to allow for the redevelopment of an existing gas station /convenience store generally located at the southeast corner of PGA Boulevard and Prosperity Farms Road. Kevin McGinley, Land Research Management, presented the request on behalf of the applicant. Principal Planner Todd Miller presented the staff report. The President of the Limited Liability Company (LLC) which owned the property explained they had not known the site plan approval had expired. Mr. Benothman compared formerly requested waivers to the present application. Chair Kunkle declared the public hearing open. Carolyn Chaplik, Hudson Bay Drive, expressed pleasure to see the new building and the lower candle lighting requested. Hearing no further comments from the public, Chair Kunkle declared the public hearing closed. MOTION: Mr. Solomon made a motion to recommend to City Council approval of PPUD 06 -09- 000011: Sunoco Gas Station - Rezoning from General Commercial (CG-1) to a Planned Unit Development Overlay and a Conditional Use Overlay with underlying General Commercial (CG-1) zoning, with the waivers as submitted by staff. Mr. Pennell seconded the motion, which carried by unanimous 7 -0 vote. Following a short break, the meeting reconvened at 8:23 p.m. Public Hearin,- and Recommendation to City Council. Ex Parte Communication (Le ,-islative) 5. LDRA- 06- 12 -10: Code Amendment to Section 78 -159, Amending Chart of Permitted Uses Ordinance 5, 2007 A request by Brian Cheguis of Cotleur and Hearing, Inc on behalf of Turtle Beach, Ltd. .for approval of a text amendment to Section 78 -159, Code of Ordinances, entitled "Chart of Uses ". The applicant requests to include Bank/Financial Institution with two drive - through lanes as a major conditional use within the Professional Office (PO) zoning district and to include special provisions for such a use. Donaldson Hearing of Cotleur and Hearing presented the request on behalf of the applicant. Mr. Hearing and staff answered questions from the board. Concern was expressed over an applicant proposing a change to the code for a companion petition. Chair Kunkle declared the public hearing open. Carl Erickson, Magnolia Street, asked if the Code could be amended to include a wall to add a privacy factor to prevent lighting from spilling into homes and to shield parking lot lighting to cast it downward. Staff indicated that would be a condition of approval. Hearing no further comments from the public, Chair Kunkle declared the public hearing closed. MOTION: Planning, Zoning, and Appeals Board Meeting Minutes January 9, 2007 Page 5 Mr. Present made a motion to recommend to City Council approval of Petition LDRA- 06-12-10: Code Amendment to Section 78 -159, Amending Chart of Permitted Uses Ordinance 5, 2007. Ms. Hecht seconded the motion, which carried by unanimous 7 -0 vote. Public Hearinm and Recommendation to City Council: Ex Parte Communication (Public Hearinz) 6. Petition PPUD 06 -08 -009, 2006: Turtle Beach PGA PUD — Parcel B A request by Don Hearing of Cotleur and Hearing, on behalf of Turtle Beach, LTD, for approval of the Turtle Beach PGA Planned Unit Development (PUD) — Parcel B and rezoning of the property from Residential Medium (RM) to Planned Unit Development) Professional Office (PUD /PO), to allow for the construction of a 5,150 square foot financial institution with two drive - through facilities on a 1.01 -acre site. The Turtle Beach PGA PUD is located on the south side of PGA Boulevard, approximately 500 feet west of Military Trail and east of PGA Commons PUD Phase III. Donaldson Hearing presented the petition on behalf of the applicant. Concerns expressed by the board included a need for a deceleration lane, poor traffic flow within the site, parking, roof architecture and the need for connectivity. Chair Kunkle declared the public hearing open. Carl Erickson, Magnolia Street, expressed hope for a wall to screen adjacent residences and expressed concern regarding lighting and noise at night. Marty Minor, Urban Design Studio, representing PGA Commons, reported PGA Commons supported a connection and they were working on alleviating parking problems. Hearing no further comments from the public, Chair Kunkle declared the public hearing closed. Consensus of the board was to have a wall across the back of the parking area, to have connectivity and to keep the original architecture. MOTION: Mr. Pennell made a motion to recommend to City Council approval of Petition PPUD 06 -08 -009, 2006: Turtle Beach PGA PUD — Parcel B, with clarification that the PZA Board agreed with staff recommendation that there be connectivity with The Commons. Ms. Hecht seconded the motion. Motion carried 4 -3 with Mr. Pennell, Ms. Hecht, Mr. Kanel, and Mr. Kunkle voting in favor. Voting against the motion were Mr. Solomon, Mr. Panczak, and Mr. Present. 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 January 9, 2007 Page 6 ADJOURNMENT There being no further business, meeting will be APPROVED: the meeting was adjourned at 9:40 p.m. The next regular IAIIIIr I\aIIC1, G HILCIIIMU 6 ebb'e Andrea, Public In ormation Coordinator 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. All referenced attachments on file in City Clerk's office. FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTE A r MAILING ADDRESS %-_,&�, �� THE BOARD, COUNCIL,c6mmissION,WTHdRITY OR MIT-TEE ON WHICH I SERVE IS A UNIT OF: �� GYCITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY CO/1107 NAME OF POLITICAL SUBDIVISION: // Ir DATE ON WHICH VOTE OCCU R D 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 cNd hereby disclose that on 20 0 (a) A measure came or will come before my agency which (check one) NaNl 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 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 �thhee nature of my conflicting interest in the measure is as follows: wolzi 1 - i �, -rov -��- ,�� f Pees. 611� l-fl- /s A40 Ury N 1Q�5 A5 ` �L`joa/ �'''< <I !/k[ l ( 14,1 I! l Date Filed Signature by 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