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HomeMy WebLinkAboutMinutes P&Z 030607PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING March 6, 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 to the Flag. REPORT BY GROWTH MANAGEMENT ADMINISTRATOR: Growth Management Administrator Kara Irwin advised that on March 1, 2007 the City Council approved the location for, the police communication tower, and the Gardens Commerce Center project. The height limitation ordinance was passed on first reading with staff to research the effects Citywide, and the owner of Parcel-5B to speak at the next City Council meeting to discuss the effects to that site. APPROVAL OF MINUTES Mr. Rubin made a motion to approve the minutes of the February 13, 2007 meeting. Mr. Pennell seconded the motion, which carried by unanimous 7 -0 vote. ROLL CALL: Debbie Andrea, Public Information Coordinator, called the roll for the Planning, Zoning and Appeals Board: Present Absent Craig Kunkle, Chairperson Randolph Hansen Barry Present, Vice Chairperson Dennis Solomon Michael Panczak Douglas Pennell Jonathan Rubins Joy Hecht, 1St Alternate Amir Kanel, 2nd Alternate EX -PARTE Mr. Present reported a brief conversation with Buzz DiVosta regarding agenda item one. Mr. Kunkle reported a brief conversation that day with Steve Mathison on agenda item two. Planning, Zoning, and Appeals Board Meeting Minutes March 6, 2007 Page 2 Public Hearing and Recommendation to City Council: Ex Parte Communication (Public Hearing) (Quasi Judicial) Ordinance 6, 2007 and Resolution 17, 2007. Turtle Beach PGA PUD — Parcel B A request by Don Hearing of Cotleur & Hearing, on behalf of Turtle Beach, LTD, for approval of the turtle Beach PGA Planned Unit development (PUD) — Parcel B. The applicant proposes a rezoning of the property from Residential Medium (AM) to Planned Unit Development/Professional Office (PUDIPO) to allow a major conditional use for the construction of 2,500 square feet of financial institution with two drive - through lanes and 2,650 square feet of professional office 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 II. Donaldson Hearing made a presentation of the rezoning request on behalf of the applicant. Chair Kunkle requested those intending to speak tonight be sworn in. All those intending to offer testimony in any of tonight's cases were sworn in. The public hearing was opened and Mr. Hearing affirmed that all of his testimony made before the swearing in had been true and correct. Steve Mayer presented the staff report, noting City Council had removed the cross access. Mr. Kanel reported he had spoken to a staff member. Concerns expressed by the board included lack of a deceleration lane, circulation of the drive- through, traffic circulation throughout the property, an opinion that the monument sign was not justified, and a suggestion that in the future the loading space waiver could be eliminated for banks. Marty Minor, Urban Design Studio, spoke in favor of inter - connectivity, and suggested a gate so if a problem did arise, it could be closed off. Vito DeFrancesco, Shady Lakes, advised the neighbors did not want the connectivity or the outdoor amplification, and objected to the lighting, the rezoning, and proposed a smaller building. Carl Erickson, Magnolia Street, supported the project without the cross access. Hearing no further comments from the public, Chair Kunkle declared the public hearing closed. MOTION: Mr. Pennell made a motion to recommend to City Council approval of Ordinance 6, 2007 and Resolution 17, 2007 with four waivers as presented. Mr. Rubins seconded the motion. Mr. Solomon proposed an amended motion to delete the waiver on the ground sign, which failed for lack of a second. The original motion carried by unanimous 7 -0 vote. Planning, Zoning, and Appeals Board Meeting Minutes March 5, 2007 Page 3 ExParte Communication (Public Hearing) (Legislative) LDRA- 07 -01- 000011: Code amendment creating Section 78 -193, entitled "Employer Sponsored Housing" and amending Section 78 -751, entitled "Definitions': Public Hearing & Recommendation to City Council: A request by Steve Mathison on behalf of Frenchman's Creek, Inc., for approval of a text amendment to Chapter 78, Code of Ordinances, Article V, Supplementary District Regulations, Division I, General Standards, by creating Section 78 -193, entitled "Employer Sponsored Housing" and amending Section 78 -751, entitled "Definitions" in order to increase the number of persons not related by blood or marriage to be allowed in a three - bedroom unit or a two - bedroom unit with a den from four to five. Joy Hecht and Michael Panczak stepped down due to conflict of interest. Steve Mathison, Attorney for Frenchman's Creek, presented the request on behalf of the applicant, and this proposed criteria that would have to be satisfied by renters. Steve Mayer presented the staff report. Concerns expressed by the board included turnover; that this must be consistent with the homeowners rules of the communities; that the proposal might be too structured; that other communities should be included; that more time should be allowed for discussion by this board; and potential parking problems with increased residents. It was explained how the numbers had been determined. Mr. Kanel proposed all businesses of the City be contacted. Growth Management Administrator Kara Irwin addressed the need, and advised the requirements would create a program. Staff explained enforcement. Chair Kunkle declared the public hearing open. Carolyn Chaplik, Hudson Bay Drive, expressed concern that this law would only protect some residents to the detriment of everyone else, that there was no way to enforce this, and it could expand. Eileen Tucker, Shady Lakes, expressed concern the number of residents per unit could be expanded in the future, questioned how the people would get to places other than work, suggested Frenchman's Creek create this type of housing in their own community, and expressed hope this would not affect Frenchman's Creek's generosity to the City. Vito DeFrancesco, Shady Lakes, read the definition of family in the code, and expressed his opinion this would be a boarding house, not suited to a residential neighborhood, and that it was discriminatory. Michael O'Rourke was sworn in and expressed concern that people would be brought in from overseas who were not citizens, and this was not housing for Palm Beach Gardens residents. Walt Schmidt, President of the Homeowners Association of Garden Lakes, advised he had never heard of this, questioned that Growth Management had named specific communities without notifying those communities, and suggested a workshop on this matter. Hearing no further comments from the public, Chair Kunkle declared the public hearing closed. Staff advised they had been contacted by a resident of Garden Lakes and this would not apply if it did not comply with homeowners documents. Another round of comments by the members of the board indicated a desire to consider this further. Mr. Mathison requested postponement to the next meeting, and if issues could not be resolved by that time to extend the date. Planning, Zoning, and Appeals Board Meeting Minutes March 6, 2007 Page 4 MOTION: Mr. Kanel made a motion to continue the public hearing for LDRA- 07 -01- 0000111 to a date certain of March 27, 2007. Mr. Present seconded the motion, which carried by unanimous 5 -0 vote. 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 March 6, 2007 Page 5 ADJOURNMENT There being no further business, the meeting was adjourned at 8:22 p.m. The next regular meeting will be held March 27, 2007. APPROVED: Craig Kunkle—, R., air Micnael Yanczak Anilr Kanel De bie Andrea, Public Information 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 are on file in the City Clerk's office. FORM COUNTY 813 MEMORANDUM OF VOTING CONFLICT FOR MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NQ� ,E -FIRST NAME -MIDDL NAME /A�/L2„aK �L`i:9rL- %^ NAME OF BOARD,� /pUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE p / �.9J✓.✓. ; ✓J �v�.��...1 � MAILING ADDRE /Y`' �,/L.,/TD i &2 - /�/ THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I �RVE IS A UNIT OF: ° ' ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY y G / COUNTY 4� / NAME OF POLITICAL�I ISI N DATE N /HIC VOTE OCCURRED (� D MY POSITION IS: ❑ ELECTIVE NTIVE i 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 8B - 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 hereby disclose that on J b 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. 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: � � K.rL y AVE 4 d vs,..-j ,1- 7-, •6jJ - /,/� Z� �d•,JS 7-,'-LL) C- F b � 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 8B - EFF. 1/2000 PAGE 2 FORM COUNTY 813 MEMORANDUM OF VOTING CONFLICT FOR MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST IA - MIDD�E NAME IVY �/ NAME OF BOARD , ?COU IL, COM ISSI A T RITY, OR COMMITTEE it K MAILING AD RE JJJ U /� U �� F'^I` THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON W/HICH I SERVE IS A UNIT OF: 9' CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY imG 0 Y r LI 1 fff «< "`���� NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED / Lt1- 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) s A copy of the form must be provided immediately to the other members of the agency. s 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 I, hereby disclose that on 0 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: a VV Nr 1 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. 112000 PAGE 2