HomeMy WebLinkAboutMinutes P&Z 062607•
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PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
June 26, 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 6:38 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 KARA IRWIN
Growth Management Administrator, Kara Irwin reported that at the June 21, 2007 City
Council meeting the Council approved the sign applications for Robb & Stuckey, the
Catalfumo Construction Office in the PGA Design Center, the Hilton Suite and the mixed
use retail signage in Donald Ross Village. The City Council also approved the Nativity
Lutheran modular units for three years.
MEETING MINUTES
Motion was made and seconded to approve the minutes of the May 22, 2007 Planning,
Zoning and Appeals Board meeting as submitted, and carried by unanimous 7 -0 vote.
ROLL CALL:
Annette Tucci, Municipal Services Coordinator, called the roll for the Planning, Zoning and
Appeals Board:
Present
Craig Kunkle, Chair
Douglas Pennell, Vice Chair
Barry Present
Randolph Hansen
Dennis Solomon
Jonathan Rubins
Joy Hecht, 151 Alternate
Absent
Michael Panczak
Amir Kanel, 2 "d Alternate
City of Palm Beach Gardens Regular Planning, Zoning, and Appeals Board Meeting, 6/26/07
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Recommendation to City Council:
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Ex Parte Communication (Quasi- Judicial) (Public Hearin ,-)
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Petition SPLA- 07 -02- 000003 Gardens Pointe
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A request by Dodi Glas of Gentile, Holloway, and O'Mahoney, agent for Gardens Pointe
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LLC, for site plan approval of a 175 -room, six (6) story hotel, a four (4) story 37,500
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square foot office building and a one (1) story 4,000 square foot out parcel bank. The
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6.64 -acre subject site is located at the Northwest corner of Kyoto Gardens Drive and
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Fairchild Gardens Avenue (adjacent to the Landmark), which is within the Regional
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Center Development of Regional Impact (DRI).
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Dodi Glas presented the project. Comments from the Board were all favorable except some
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parking concerns were expressed. Architect John Glidden explained how rooftop equipment
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would be screened.
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Chair Kunkle declared the public hearing open. Growth Management Administrator Kara
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Irwin reminded the board of the staff recommendation for a bridge. Hearing no comments
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from the public, Chair Kunkle declared the public hearing closed.
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MOTION:
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Mr. Solomon made a motion to recommend to City Council approval of Petition SPLA-
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07 -02- 000003 with the staff recommendation. The motion was seconded and carried by
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unanimous 7 -0 vote.
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OLD BUSINESS
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There was no old business to come before the board.
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NEW BUSINESS
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There was no new business to come before the board.
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City of Palm Beach Gardens Regular Planning, Zoning, and Appeals Board Meeting, 6/26/07
• 1 the site plan. Chair Kunkle declared the public hearing open for Petition PPUD- 07 -05-
2 000014. Linda Fountain, a Sandtree resident, advised that the building behind the applicant's
3 site was originally supposed to be the clubhouse with a pool for the Sandtree development,
4 which instead got put into the middle of their Planned Unit Development (PUD). There was
5 an Ordinance on the books from 1994 that said that when this land got developed a road
6 would be made to take all the traffic from the building from Sandtree, which the residents
7 wanted done, they wanted the property line re- surveyed, and they were thrilled to have
8 Gander Mountain. Loren Fountain of Sandtree, expressed concern with the survey, asked that
9 the Ordinance be enforced, and advised that Gander Mountain had worked with the residents
10 and they welcomed Gander Mountain. Jim Dudnik, Sandtree, expressed concern with traffic
11 but commented Gander Mountain was great. Donald Houser, Sandtree, indicated he was
12 pleased with Gander Mountain, how they had worked with the residents, asked the City to
13 honor the Ordinance on the books and block off the road. Hearing no further comments from
14 the public, Chair Kunkle declared the public hearing closed.
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16 Following a short recess the meeting reconvened.
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18 All those intending to speak in the following cases were sworn in. Chair Kunkle called for
19 ex -parte communication, and advised that he had met with both applicants in the following
20 two cases. Mr. Hansen advised that he had met with both applicants.
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22 Recommendation to City Council:
23 Ex Parte Communication (Quasi- Judicial) (Public Hearing)
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Petition MISC-07 -04- 000028 - Gardens Medical Pavilion Sienaze Waivers
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Recommendation to City Council: A request by Cotleur & Hearing, Inc., agent, on behalf
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of Gardens Medical Pavilion, LLC, for approval of three waivers to allow two additional
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principal tenant signs to be displayed on the Palm Beach Gardens Medical Pavilion
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building, located at the Northwest corner of 3401 PGA Boulevard and Fairchild Gardens
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Avenue within the Regional Center Development of Regional Impact (DRI).
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Donaldson Hearing presented the project. Applicant Peter Applefield, one of the owners,
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addressed the building signage as it related to attracting high - quality businesses. Comments
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from members of the board included, they were not in favor of additional signage, scale
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down the signage requested for the top of the building and agreement with the staff
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recommendation.
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Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair
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Kunkle declared the public hearing closed.
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40 MOTION:
41 Mr. Pennell made a motion to recommend to City Council denial of Petition MISC -07-
42 04- 000028. The motion was seconded and carried by unanimous 7 -0 vote.
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City of Palm Beach Gardens Regular Planning, Zoning, and Appeals Board Meeting, 6/26/07
• 1 Boardmember Barry Present stepped down due to conflict of interest.
3 Public Workshop: Petition CUMJ- 07 -05- 000009 Allamanda Eeementary
4 Major Conditional Use petition for the redevelopment of the existing elementary school on
5 the 15 + acre property, generally located at the Southwest corner of Allamanda Lane and
6 Nogal Circle.
8 A Pirtle Construction representative introduced the project. Kirey Botec with PTL Architects
9 reviewed the site plan. Members of the board complimented the applicant on the plan. The
10 plan conformed to the School Board standards for green products, light fixtures, etc. Gail
11 Liberman, Willow Lane, asked about preserving the existing greenery along Allamanda,
12 driveways, and fencing, to which the applicant responded vegetation would be preserved, and
13 described the planned ingress and egress. Joseph Gorman, Pepperwood Circle, asked about
14 the traffic study. The applicant advised that the traffic study had been completed and was
15 under review, a back entrance would be maintained for the children to enter, and explained
16 traffic circulation. Tony Barber, Pepperwood Circle asked what was being done to be
17 neighbor - friendly to residents on his street, which the applicant addressed.
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Mr. Present re joined the board.
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Public Workshop: Petition LDRA- 07 -05- 000015: Amendment to the Chart of Permitted.
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Conditional, and Prohibited Uses and Prohibited Uses
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A Request by Brian Cheguis of Cotleur & Hearing, Inc., on behalf of Oppidan, Inc. /KTJ
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Limited Partnership 167, for an approval of a text amendment to Section 78 -159, Code of
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Ordinances, entitled Permitted Uses, Minor and Major Conditional Uses, and Prohibited
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Uses. The applicant requests to include Boat and Marine Sales as a Major Conditional Use
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within the General Commercial (CG -1) zoning district and provide standards for approval
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of the use.
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30 Public Workshov: Petition PPUD- 07 -05- 000014: Gander Mountain Svortine Goods Store
31 A Request by Brian Cheguis of Cotleur & Hearing, Inc., on behalf of Oppidan, Inc. /KTJ
32 Limited Partnership 167, for a rezoning from General Commercial (CG -1) to a Planned
33 Unit Development (PUD) Overlay with an underlying zoning designation of CG-1./or the
34 purpose of developing 105,000 square feet of retail sporting goods and 15,000 square.feet
35 of boat and marine sales on the 13.18 -acre parcel located East of Interstate 95
36 approximately i/a mile South of Northlake Boulevard and abutting the Sand Tree PUD
37 residential community to the west and south.
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39 Donaldson Hearing presented the proposed amendment, request for rezoning and described
40 the proposed Gander Mountain store. The only adverse comment from a member of the
41 Board regarding the text amendment was concern as to where it might lead. Chair Kunkle
42 declared the public hearing open for the text amendment, Petition LDRA- 07 -05- 000015.
43 There were no comments from the public. The Boardmembers each commented regarding
44 the Gander Mountain site plan. Comments included a question of how the building behind
45 the applicant's site was accessed, a suggestion to raise the building elements, too much
46 signage, too little signage, unhappiness with the a- frame, and several comments in favor of
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City of Palm Beach Gardens Regular Planning, Zoning, and Appeals Board Meeting, 6/26/07
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:03 p.m. The next regular
meeting will be held July 10, 2007.
APPROVED:
M
l` �- t
Jonathan Rubins
Joy Hecht
A4,.,,,, 42,a-
Arnir Kanel
i, Municipal Services Coordinator
47 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not
48 verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the
49 City Clerk. All referenced attachments are on file in the City Clerk's office.
I
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME -FIRST NAME - MIDDLE nE
NAME OF BOP COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
MAILING ADDRESS
/
/�
CCC���l11.555�
THE BOARD, COUNCIL, COMMI SIGN, AUTHORITY OR MMITTEE ON
W CH I SERVE IS A UNIT OF:
IT, ❑ COUNTY ❑ OTHER LOCAL AGENCY
CITY COUNTY
NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCjUR D
t0
MY POSITION IS:
❑ ELECTIVE %d/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 princip other an a government agent 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
I, , hereby disclose that on ��J > , 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
✓ 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:
-4
flo
XOV+41 '4y
4-4�� Z:2
Date Filed
J-Z %vNs /l.'u iOr "4 A, p� -7
JG"(ap/
o�F40p, a6
Signature
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. 112000 PAGE 2