HomeMy WebLinkAboutMinutes P&Z 071007PLANNING, ZONING AND APPEALS BOARD
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REGULAR MEETING
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July 10, 2007
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MINUTES
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The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach
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Gardens, Florida, was called to order by Vice Chair Douglas Pennell, at 6:30 P.M. in the
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Council Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach
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Gardens, Florida, and opened with the pledge of allegiance.
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REPORT BY GROWTH MANAGEMENT ADMINISTRATOR KARA IRWIN
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Growth Management Administrator Kara Irwin reported that at the June 21, 2007 City
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Council meeting the City Council had approved the sign applications for PGA Design
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Center, Donald Ross Village, and Fairway Office Center, and had also approved the Nativity
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Lutheran modular units for three years.
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MEETING MINUTES
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Motion was made by Michael Panczak and seconded by Joy Hecht to approve the minutes of
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the June 12, 2007 Planning Zoning and Appeals Board meeting as submitted, and carried by
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unanimous 6 -0 vote.
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ROLL CALL:
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Debbie Andrea, Public Information Coordinator, called the roll for the Planning, Zoning and
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Appeals Board:
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Present
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Douglas Pennell, Vice Chair
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Randolph Hansen
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Dennis Solomon
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Michael Panczak
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Joy Hecht, 1St Alternate
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Amir Kanel, 2 "d Alternate
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Absent
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Craig Kunkle, Chair
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Barry Present
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Jonathan Rubins
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Also in attendance were R. J. Marrero, Planner, Brad Wiseman, Planning Manager, Kara Irwin,
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Growth Management Administrator, Nancy Stroud, Attorney, Todd Miller, Principal Planner,
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Jackie Holloman, Planner and Jim Orth, LBFH.
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All those intending to offer testimony in any of tonight's cases were sworn in.
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
COMMISSION _IT
O IOMMITTEE ON
WHICH I SERVE IS A UNIT OF:
CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
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?AIM 1� 1
N F P ITIC UBDIVISIO
DATE ON WHICH VOTE OQCURBED
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MY FUbl TION IS:
O 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 8B - EFF. 112000 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.
e 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, �ML1 H +4-&+J hereby disclose that on �'Mj LY 1( , 20n-7:
(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 ✓ i relative, Q�T � 1 ?,r ;
xnured to the special gain or loss of AAC� ( 1 Q UC-) , by
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
j/m�y/agency and the nature of my conflicting Interest In the measure is as follows:
T iv `� �4 1� FU
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Date Filed 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. 1/2000 PAGE 2
City of Palm Beach Gardens Regular Planning, Zoning, and Appeals Board Meeting, 7/10/07
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2 Public Workshop:
3 Petition PUDA- 07 -06- 000007: Gardens Plaza
4 Donaldson Hearing of Cotleur & Hearing, on behalf of Realty Associates Fund VII, L.P.,
5 is requesting approval of a major amendment to allow for the construction of Phase II of
6 the Gardens Plaza Planned Unit Development (PUD). This request consists of a five -story
7 88,000-square-foot office building, a five -story parking structure, and approval of a
8 temporary off -site parking plan. This PUD request is for a 4.5 -acre parcel located at the
9 southeast corner of PGA Boulevard and Fairchild Gardens Avenue.
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11 Donaldson Hearing presented the project on behalf of the applicant. David Chernin, Architect
12 for the project, explained how the new building would connect to the old building and
13 described the building materials. Randolph Hansen requested to see a plan that would reflect
14 an elevation approaching from PGA Boulevard both East and West. Comments from the
15 Board included satisfaction with the overall project, lack of a deceleration lane on PGA
16 Boulevard, making the parking spaces 9 -1/2 feet and designating smaller spaces for compact
17 cars and larger spaces for large vehicles, consider architecturally improving the North, South
18 and West elevations of the parking garage, and adding future potential signage to revised the
19 elevations.
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21 Vice Chair Douglas Pennell declared the public hearing open. Carolyn Chaplik, 715 Hudson
22 Bay Drive, requested a plan reflecting a North elevation at the next meeting and requested 9-
• 23 1/2 foot parking spaces. Hearing no further comments from the public, the public hearing
24 was closed. Vice Chair Douglas Pennell thanked the applicant for their presentation.
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26 Recommendation to City Council.
27 Ex Parte Communication (Quasi- Judicial) (Public Hearing)
28 Petition CUMJ- 07 -05- 000009 - Allamanda Elementary School
29 A request from the School District of Palm Beach County for approval of a major
30 conditional use to permit the demolition and redevelopment of the existing Allamanda
31 Elementary School, located on a 14.9 -acre parcel located at the southwest corner of
32 Allamanda Lane and Nogal Circle. The proposed modernization consists of a 122,497-
33 square foot educational facility.
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35 No ex -parte communications were reported. Randall Granberry with the Palm Beach County
36 School District Planning Department thanked staff for working with them and introduced the
37 modernization project. Architect Cari Botech presented the project on behalf of the applicant.
38 Items mentioned by the Board included noise concerns and traffic circulation adjustments
39 were needed. Todd Miller, Principal Planner, presented the staff report.
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41 Vice Chair Douglas Pennell declared the public hearing open. Ed Tein, 1040 Raintree Drive,
42 asked about the buffering at the new entrance site, increased traffic and fencing. Hearing no
43 further comments from the public, Vice Chair Douglas Pennell declared the public hearing
44 closed.
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City of Palm Beach Gardens Regular Planning, Zoning, and Appeals Board Meeting, 7/10/07
3 MOTION:
4 Dennis Solomon moved to recommend to City Council approval of Petition CUMJ -07-
5 05- 000009 with conditions recommended by staff. Randolph Hansen seconded the
6 motion, which carried by unanimous 6 -0 vote.
8 Recommendation to City Council:
9 Ex Parte Communication (Quasi- Judicial) (Public Hearing)
to Petition PPUD 06 -09- 000010: Monet Office Building — Rezoning and Site Plan Approval
11 A request by Mr. Marty Minor of Urban Design Studio, on behalf of Monet Road, LLC,
12 for rezoning from Professional Office (PO) to a Planned Unit Development (PUD) overlay
13 with underlying PO and a site plan approval to allow the development of a 38,064- square-
14 foot building for professional and medical office uses, to be referred to as the "Monet
15 Office Building." The approximately 2.57 -acre parcel of land is located south of RCA
16 Boulevard and west of Prosperity Farms Road
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18 Randolph Hansen stepped down due to conflict of interest. No ex -pane communication was
19 disclosed.
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21 Marty Minor, Urban Design Studio, presented the project on behalf of the applicant and
22 reviewed changes made as a result of comments at the last meeting. Todd Miller, Principal
•23 Planner, presented the staff report. There were no comments from the Board.
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25 Vice Chair Douglas Pennell declared the public hearing open. Hearing no comments from the
26 public, Vice Chair Douglas Pennell declared the public hearing closed.
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28 MOTION:
29 Amir Kanel moved to recommend to City Council approval of Petition PPUD 06 -09_
30 000010 with waivers and conditions as recommended by staff. Joy Hecht seconded the
31 motion, which carried by unanimous 5 -0 vote.
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33 Randolph Hansen re joined the Board.
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35 Recommendation to City Council.
36 Ex Parte Communication (Quasi-Judicial) (Public Hearing)
37 Petition LDRA- 07 -04- 000014: Amendment to Table 33, Entitled "Required Off Street
38 Parking Spaces"
39 A request by Brian Cheguis of Cotleur & Hearing Inc., on behalf of Joel Prince, for an
40 approval of a text amendment to Section 78 -345, Table 33, Code of Ordinances, entitled
41 "Required Off - Street Parking Spaces ". The applicant requests to establish a parking rate
42 of one (1) parking space/ 250 square feet of space, or 4.0 spaces /1,000 square feet, for
43 drugstores or pharmacies that contain drive - through service facilities.
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• 45 Recommendation to City Council:
46 Ex Parte Communication (Quasi- Judicial) (Public Hearing)
City of Palm Beach Gardens Regular Planning, Zoning, and Appeals Board Meeting, 7/10/07
•1 Petition PUD- 04 -03: Legends at the Gardens MXD PUD Amendment
2 A request by Don Hearing of Cotleur & Hearing, on behalf of Joel Prince, to approve a
3 major conditional use amendment to the Legends at the Gardens Mixed -Use Planned Unit
4 Development (PUD), which was approved by Ordinance 7, 2003 on March 6, 2003. The
5 applicant is proposing to amend the master site plan to allow a 14,729-square-foot
6 pharmacy building ( Walgreens) and an 11,200-square-foot general office building. The
7 21.72 -acre subject site is located at the southwest corner of the intersection of Central
8 Boulevard and Donald Ross Road
to Ex -parte communication was reported by Dennis Solomon and Randolph Hansen, both stated
11 they had met with the applicant.
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13 Donaldson Hearing presented the project and the proposed text amendment. Kara Irwin made
14 staff comments.
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16 Vice Chair Doug Pennell declared the public hearing open for both Petition LDRA- 07 -04-
17 000014, and Petition PUD- 04 -03. Suzanne Brown, President, Legends of the Gardens
18 Homeowners Association, spoke regarding security concerns and requested an armed gate
19 and complete access control; other items of concern were irrigation, lighting, and noise
20 during construction. Carolyn Chaplik, 715 Hudson Bay Drive, asked if Walgreens would be a
21 24 -hour pharmacy. Hearing no further comments from the public, Vice Chair Douglas
22 Pennell declared the public hearing closed.
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24 Donaldson Hearing addressed the concerns raised by the public. Comments from the Board
25 included support for the LDR amendment, credit was given to all for working together to
26 improve the project, clarification was provided that the amendment was for pharmacies with
27 a drive- through and was not retroactive, parking space sizes and requirements were clarified.
28 The City Attorney explained that the Board could vote to recommend approval of the site
29 plan contingent on approval of the amendment. The applicant explained that if the volume
30 was there this would be a 24 -hour pharmacy.
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32 MOTION:
33 Dennis Solomon moved to recommend to City Council approval of Petition LDRA -07-
34 04- 000014. Amir Kanel seconded the motion, which carried by unanimous 6 -0 vote.
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36 MOTION:
37 Dennis Solomon moved to recommend to City Council approval of Petition PUD -04 -03
38 with waivers and conditions as recommended by staff. Randolph Hansen seconded the
39 motion, which carried by unanimous 6 -0 vote.
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41 Recommendation to City Council:
42 Ex Parte Communication (Quasi - Judicial)
43 Petition MISC- 07 -01- 000022 - PGA Financial Plaza Building Signage Waiver
44 A request by Bertie Russo, agent, on behalf of Twenty-Fifth Palm Beach, LLC, for
• 45 approval of a waiver to allow four tenant signs to be located above the second floor line of
46 the northeast and southwest elevations of the PGA Financial Plaza Building (%k.a.
City of Palm Beach Gardens Regular Planning, Zoning, and Appeals Board Meeting, 7/10/07
•1 MacArthur Center Office Building), located at 3399 PGA Boulevard, within the Regional
2 Center Development of Regional Impact (DRI).
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4 No ex -parte communication was disclosed. Mr. John Rebino provided a presentation on
5 behalf of the applicant. Jackie Holloman, Planner presented the staff report, which
6 recommended denial of the applicant's request. Board comments included the question of
7 building identification signage; however, that was not a part of this application; that the
8 building was easily identified as the Chase building, and that the Board members agreed with
9 the staff recommendation. The applicant indicated they did not believe their building was
10 being treated the same as the neighboring buildings and requested they be treated like their
11 neighbors.
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13 MOTION:
14 Randolph Hansen made a motion to recommend to City Council denial of Petition
15 MISC- 07 -01- 000022. Mr. Kanel seconded the motion, which carried by unanimous 6 -0
16 vote.
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19 OLD BUSINESS
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21 There was no old business to come before the Board.
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24 NEW BUSINESS
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26 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, 7/10/07
ADJOURNMENT
There being no fut7
meeting will be helc
APPROVED:
Amir Kanel
Debbie- Andrea, Public Information Coordinator
next regular
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.
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