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HomeMy WebLinkAboutMinutes P&Z 072407•1 PLANNING, ZONING AND APPEALS BOARD 2 REGULAR MEETING 3 July 24, 2007 4 MINUTES 5 6 The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach 7 Gardens, Florida, was called to order by Chair Craig Kunkle, at 6:29 P.M. in the Council 8 Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, 9 Florida, and opened with the pledge of allegiance. 10 11 REPORT BY GROWTH MANAGEMENT ADMINISTRATOR KARA IRWIN 12 13 Growth Management Administrator Kara Irwin reported that at the July 19, 2007 City 14 Council meeting, the Growth Management Department in conjunction with the Legal 15 Department had presented an OTTED (Office of Tourism, Trade and Economic 16 Development Workshop, an expedited process for DRI (Development of Regional Impact) or 17 Comp Plan Amendments, to be utilized as an incentive in the bioscience overlay. Also at that 18 meeting County representatives had spoken regarding the Brigger site process and future 19 plans for the Mecca site. 20 21 MEETING MINUTES 22 •23 A motion was made by Michael Panczak and seconded by Dennis Solomon to approve the 24 minutes of the June 26, 2007 Planning Zoning and Appeals Board meeting as submitted, and 25 carried by unanimous 7 -0 vote. 26 27 ROLL CALL: 28 29 Debbie Andrea, Public Information Coordinator, called the roll for the Planning, Zoning and 30 Appeals Board: 31 32 Present 33 Craig Kunkle, Chair 34 Douglas Pennell, Vice Chair 35 Barry Present 36 Randolph Hansen 37 Dennis Solomon 38 Michael Panczak 39 Amir Kanel, 2nd Alternate 40 Absent 41 Jonathan Rubins 42 Joy Hecht, I" Alternate 43 44 No exparte communications were declared. 45 All those intending to offer testimony in any of tonight's cases were sworn in. • 46 City of Palm Beach Gardens Regular Planning, Zoning, and Appeals Board Meeting, 7/24/07 • 1 Chair Kunkle announced that the following petition had been withdrawn: 2 3 Recommendation to City Council 4 Ex Parte Communication (Quasi - Judicial) (Public Hearin) 5 Petition MISC- 07 -02- 000024 Commons, Parcel 1: Development Order Amendment 6 A request from Marry Minor of Urban Design Studio, as agent for Joel Channing, Trustee 7 of the PGA Commons Land Trust, for an amendment to Ordinance 7, 1999 to delete 8 condition #30 regarding outdoor seating, and identifying potential locations for outdoor 9 seating within PGA Commons, Parcel 1. 10 11 Recommendation to City Council: 12 Ex Parte Communication ( Ouasi- Judicial) 13 Petition MISC- 07 -03- 000026 PGA Commons: Miscellaneous request for likht- -vole 14 mounted banners 15 A request from Marty Minor of Urban Design Studio, as agent for Joel Channing, Trustee 16 of the PGA Commons Land Trust, for approval to install pole mounted banners 17 throughout the PGA Commons PUD. 18 19 Marty Minor, Urban Design Studio, presented the request. Comments from the Board were 20 all favorable and included that this would help traffic and add character to The Commons. 21 22 MOTION: 23 Dennis Solomon made a motion to approve Petition MISC -07- 03-000026 with • 24 conditions as recommended by staff. Michael Panczak seconded the motion, which 25 carried by unanimous 7 -0 vote. 26 27 Recommendation to City Council. 28 Ex Parte Communication (Ouasi- Judicial) (Public Hearing) 29 Petition CUMJ - 06-12- 000008 Redevelopment of Palm Beach Gardens 3o Elementary School 31 A request by the School District of Palm Beach County for a Major Conditional Use to 32 allow the demolition of the existing elementary school and the construction of a new one - 33 and two -story educational facility on the 11.44 -acre Palm Beach Gardens Elementary 34 School site, generally located at the northeast corner of the intersection of Riverside Drive 35 and Holly Drive. 36 37 Kari Botek, Architect representing the applicant, presented the project. Chair Kunkle 38 declared the public hearing open. Hearing no comments from the public, Chair Kunkle 39 declared the public hearing closed. 40 41 Randall Granberry, Senior Planner, Palm Beach County, indicated the petitioner opposed the 42 condition requiring a tarp to be placed on the fence during construction; and the condition 43 regarding turn lanes. 44 45 Comments from the Board included agreement with staff on the conditions, that the City was • 46 lucky to have so many schools replaced recently, that the materials and colors were not • • City of Palm Beach Gardens Regular Planning, Zoning, and Appeals Board Meeting, 7/24/07 1 shown accurately by the computer and did not go well together; that the configuration at the 2 entry could be better; there was a lack of landscape buffering on the west which the applicant 3 advised they would look at increasing; that mechanical equipment was all screened; to 4 provide one -way in traffic at the north gate and to provide an actual materials board for the 5 City Council presentation. 6 7 MOTION: 8 Douglas Pennell made a motion to approve Petition CUMJ- 06 -12- 000008 with 9 conditions as recommended by staff. Michael Panczak seconded the motion, which 10 carried by unanimous 6 -0 vote. Barry Present recused himself. 11 12 Amir Kane] left the meeting at 7:05 p.m. for family matters. 13 14 Recommendation to City Council: 15 Ex Parte Communication (Quasi- Judicial) 16 Petition MISC- 07 -05- 000030 Gardens Commerce Center Master Si2na2e Program 17 A request by Brian Cheguis of Cotleur and Hearing, Inc. on behalf of the applicant, 18 Pishon Partners, LLC, for approval of a master signage program as required by 19 Resolution 18, 2007. The Gardens Commerce Center is a Targeted Expedited Permitting 20 Process petition and is located on the west side of Riverside Drive, east of Interstate I -95, 21 north of Plat 5 and approximately 300 feet south of Burns Road. 22 23 Brian Cheguis of Cotleur and Hearing, Inc., presented the project on behalf of the applicant. 24 The applicant agreed to a condition for a single color for each building. 25 26 MOTION: 27 Barry Present made a motion to approve Petition MISC- 07 -05- 000030 with conditions 28 as recommended by staff. Michael Panczak seconded the motion, which carried by 29 unanimous 6 -0 vote. 30 31 OLD BUSINESS 32 33 Kara Irwin announced this was Brad Wiseman's last meeting, as he was moving to Texas. 34 35 NEW BUSINESS 36 37 There was no new business to come before the Board. 38 39 40 (The rest of this page left blank intentionally) 41 42 3 • • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 City of Palm Beach Gardens Regular Planning, Zoning, and Appeals Board Meeting, 7/24/07 ADJOURNMENT There being no fur meeting will be helc APPROVED: Amir Kanel Al eb ie An rea, Public In ormation Coordinator next regular 48 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not 49 verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the 50 City Clerk. All referenced attachments are on file in the City Clerk's office. 4 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDD AME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE J ` , �7 MAILING ADDRESS I / 3 %vim THE BOARD, COUNCIL, COAMISSION, AUTHORITY R COMMITTEE ON I SERVE IS A UNIT OF: l C 7H °if CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED `7 MY POSITION IS: q' 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 princip41 t er than a government agency) y whom he or she is retained (including the parent organization or subsidiary of a corporate principal by a 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 rddevelopment 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 fling 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. - 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 1, Q15 , hereby disclose that on 2 -,20 0: (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 inured to the special gain or loss 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: �W 4 y N J STAB w . Si Date Filed nature 9 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