HomeMy WebLinkAboutMinutes P&Z 032707PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
March 27, 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 PLANNING & ZONING DIVISION DIRECTOR
There was no report from the Planning & Zoning Division Director.
APPROVAL OF MINUTES
Mr. Rubins made a motion to approve the minutes of the March 6, 2007 meeting. Ms. Hecht
seconded the motion, which carried by unanimous 6 -0 vote.
ROLL CALL:
Debbie Andrea, Public Information Coordinator, called the roll for the Planning, Zoning and
Appeals Board:
Present Absent
Craig Kunkle, Chairperson Michael Panczak
Douglas Pennell, Vice Chair Randolph Hansen
Jonathan Rubins Barry Present
Dennis Solomon
Joy Hecht, 1 St Alternate
Amir Kanel, 2"d Alternate
Public Workshop:
Petition CUM/ 06 -12- 000008: Redevelopment of Palm Beach Gardens
Elementary School
A request from the School District of Palm Beach County for a Major Conditional Use
approval to allow the demolition of the existing elementary school and the construction of
three new buildings of up to two stories, generally located at the northeast corner of
Riverside Drive and Holly Drive.
Randall Grandbury, Senior Planner with Palm Beach County School District Planning
Department, and Architect Cary Votech with Pierce, Goodwin, Alexander & Linville
Architects, presented the proposed modernization of Palm Beach Gardens Elementary
School. Issues raised by the Planning, Zoning and Appeals Board were noise from
playgrounds, hazardous materials in the existing facility, use of energy - efficient materials,
usage of play fields, lack of landscaping along the west fence, short stacking distance coming
Planning, Zoning, and Appeals Board Meeting Minutes
March 27, 2007
Page 2
playgrounds, hazardous materials in the existing facility, use of energy - efficient materials,
usage of play fields, lack of landscaping along the west fence, short stacking distance coming
in from Ironwood Road, future expansion, school bus traffic, colors to blend in with the
neighborhood, and possible use of solar panels to create electricity.
Carol Estrada, 309 Riverside Drive, questioned the configuration of the bus traffic, to which
the applicant responded the path of travel could be brought to the next meeting. Ms. Estrada
favored a 3 -foot hedge around the playground.
Chair Kunkle announced the public workshop was closed.
Continued from March 6,2007:
ExParte Communication (Public Hearinz)(Leeislative)
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 stepped down due to conflict of interest.
Steve Mathison, Attorney for Frenchman's Creek, presented the request on behalf of the
applicant, read into the record letters of support from the business community, and addressed
issues raised at the last presentation.
Ex -Parte Communication: Mr. Rubins reported a telephone conversation with Mr. Mathison.
Mr. Pennell reported he met with Steve Mathison and staff. Mr. Solomon reported a
conversation with Mr. Mathison. Mr. Kanel reported having conversations with Mr.
Mathison, Walt Schmidt from Garden Lakes, Terry Petrocci from Westwood Gardens, Steve
McAntonio from San Matera, Union Square Manager Diane Susan, and Mr. Mayer. Chair
Kunkle reported a conversation with Mr. Mathison.
Among comments made by Planning, Zoning and Appeals Board members, one was that this
was a step in the right direction to improve the labor market; one member was not happy
more of the residential community was not involved.
Pat Halsey, owner of 20 rental properties, expressed her concern that corporate entities were
being asked to become a landlord and rent dormitories to kids, and they should not be
focused into two or three communities. Skip Miller representing North Palm Beach Chamber
of Commerce commended the City for being active in the area of workforce housing and
supported this proposal. Walter Schmidt, President, Garden Lakes Homeowner's
Planning, Zoning, and Appeals Board Meeting Minutes
March 27, 2007
Page 3
Association, urged the Planning, Zoning and Appeals Board not to move forward with this
proposal. Carolyn Chaplik spoke against employer sponsored housing. James McGovern
asked the board to vote against the proposal. Mike Jones, representing Housing Leadership
Council, spoke of the need for more housing options and urged flexibility in City codes.
Casey Steinbacher, President & CEO North County Chamber of Commerce, spoke in favor
of the proposal. Lola Arbaruso expressed concern this proposal would not bring individuals
who would give back to the City and was too focused on one development's needs. Lauren
Sherman, past President of Frenchman's Creek, spoke in favor of the proposal. Carol Estrada
spoke against rental group housing. Daniel Coffey asked the board to approve the proposal.
Hearing no further comments from the public, Chair Kunkle declared the public hearing
closed.
Mr. Kanel indicated he could not support this unless language was added before tonight's
vote that the Property Owner's Association or Home Owner's Association would have
consent. Mr. Solomon expressed his opinion this should not be recommend for approval
since it had serious flaws, which he discussed. Mr. Pennell disagreed this would change the
community and discussed protection. Mr. Solomon clarified if this was not prohibited by the
Property Owner's Association documents, it did not need Property Owner's Association
approval. Mr. Rubins was concerned about the integrity of the communities this would affect.
Chair Kunkle indicated he would support this and the City needed to address this matter.
MOTION:
Mr. Pennell made a motion to recommend to City Council approval of Petition LDRA-
07 -01- 0000111 with written permission of the Property Owner's Association's involved.
Mr. Kunkle seconded the motion. The vote on the motion was: Mr. Kunkle — for; Mr.
Pennell — for; Mr. Kanel — against; Mr. Solomon — against; and Mr. Rubins — against.
Therefore, the motion failed 3-2 and would move to City Council with denial by the
Planning, Zoning and Appeals Board.
Public Workshop:
Petition SPLA A- 07 -02- 000003: Gardens Pointe Site Plan Amendment
A request from Do& Buckmaster Glas on behalf of Gentile Holloway O'Mahoney and
Associates, Inc., on behalf of Gardens Pointe Development, LLC, is requesting approval of
a site plan amendment to allow a 175 room hotel, a 4,000 square foot bank and 37,500
square feet of office use generally located at the northwest corner of Kyoto Gardens Drive
and Fairchild Gardens Avenue (adjacent to the Landmark) which is within the Regional
Center Development of Regional Impact (DRI).
Dodi Glas presented the project on behalf of the applicant. Items requested by the board
included more information on signage, 4 -sided design, to add the parking garage at the
beginning, to screen the bank drive -in on the corner, to provide more depictions of lake
amenity views. Architect John Glidden commented on the project. It was explained that the
applicant was 95% through the process of acquiring Hilton for the hotel. Concern was
expressed regarding traffic configuration. The roof was discussed. It was requested that all
renderings show the signage, and that the office building have more articulation.
Planning, Zoning, and Appeals Board Meeting Minutes
March 27, 2007
Page 4
OLD BUSINESS
There was no old business to come before the board.
NEW BUSINESS
Mr. Solomon noted it seemed wrong that letters were read verbatim which the board had not
previously seen. Staff commented the letters should have been provided to staff, they would
have presented them to the board. Mr. Kanel expressed disappointment that his comments to
staff that day were not included in the staff report.
Planning, Zoning, and Appeals Board Meeting Minutes
March 27, 2007
Page 5
ADJOURNMENT
There being no further business, t Ae meeting was adjourned at 9:23 p.m. The next regular
meeting will be held April 10, 20T.
APPROVED:
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Joy Hecht
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Amir Kanel
Debbie 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
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NAME OFIJA� SUBDIVISION:
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MY POSITION IS:
❑ ELECTIVE APPOINTIVE
WHO MUST FILE FORM 86
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 votine conflict of interest under Section 112.3133, 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 re%erse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
.A person holding elect i%e county, municipal, or other local public office MUST .ABSTAI\ from "oline on a measure which inures
to his special private gain. Each local officer also is prohibited from knowinely voting on a measure which 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 %OTE BEING TAKEN by publicly stating to the a %,embly the nature of sour Interest in the measure on
which you are abstainine from voting: and
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 appoinlive county, municipal, or other local public office MUST ABSTAIN from noting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly \oting 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 by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO `LAKE ANY ATTENIP'T 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 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.
0 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.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. hereby disclose that on _ , 19 .
(a) A measure came or will come before my agency which (check one)
inured to my special private 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:
1
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985). A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND �IIAY 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 SO. [At PAGE 2