HomeMy WebLinkAboutMinutes P&Z 022112I CITY OF PALM BEACH GARDENS
2 PLANNING, ZONING AND APPEALS BOARD
3 REGULAR MEETING
4 February 21, 2012
5 I. CALL TO ORDER
6 The regular meeting was called to order at 6:00 p.m. by Vice Chair Randolph Hansen.
7 II. PLEDGE OF ALLEGIANCE
8 III. ROLL CALL
9 Members Present:
10 Chair Michael Panczak (arrived at 6:20 p.m.),Vice Chair Randolph Hansen, Joy Hecht (arrived at
11 6:02 p.m.), Roma Josephs, Douglas Pennell, Charles Hathaway.
12 Members Absent: Howard Rosenkranz.
13 Also Present: City Attorney, R. Max Lohman; Director of Planning and Zoning, Natalie Crowley.
14 IV. ADDITIONS, DELETIONS, MODIFICATIONS
15 Vice Chair Hansen received a request for modification from the petitioner for items 2 and 3. The
16 request was to reorder the agenda, in which items 2 and 3 would be heard as items 1 and 2 and
17 item 1 would be heard as item 3.
is Board Member Hathaway made a motion to approve the modification.
19 Board Member Hecht seconded.
20 Motion passed 5 -0.
21 V. REPORT BY DIRECTOR OF PLANNNING AND ZONING: NATALIE
22 CROWLEY
23 Director of Planning and Zoning, Natalie Crowley Reported on items approved by the City
24 Council at the February 2, 2012 Meeting.
25 VI. APPROVAL OF MINUTES 11/15/11; 12/13/11 and 01/10/12.
26 Board Member Hathaway made a motion to approve the 11/15/11 minutes.
27 Board Member Hecht seconded.
28 Motion passed 5 -0.
29 Vice Chair Hansen announced the board postponed approval of the 12/13/11 minutes.
3o Board Member Hathaway made a motion to approve the 01/10/12 minutes.
31 Board Member Hecht seconded.
32 Motion passed 5 -0.
33 VII. PUBLIC HEARINGS
34 Those preparing to give testimony were sworn in.
35 1. RECOMMENDATION TO CITY COUNCIL (PUBLIC HEARING) CPMA- 11 -09- 000014 -
36 LARGE -SCALE FUTURE LAND USE MAP AMENDMENT REGARDING A 10.4 -ACRE
37 PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF HOOD ROAD AND
38 INTERSTATE 95. A request from Kennedy Homes, LLC for a large -scale land use map
39 amendment in order to change the land us designation from Residential Low (RL) to Residential
40 Medium (RM) for a 10.4 -acre parcel of land, located at the southwest corner of the intersection of
41 Hood Road and Interstate 95.
42 Vice Chair Hansen opened the public hearing.
43 Petitioner: Alessandria Kalfin, Cotleur & Hearing.
44 Chair Panczak arrived.
45 Staff Presentation: Principal Planner, Richard Marrero.
46 Public Comment: None.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 1
02 -21 -12
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Vice Chair Hansen closed the public hearing.
Board Member Pennell made a motion to recommend approval to City Council for CPMA -11-
09- 000014.
Chair Panczak seconded.
Motion passed 6 -0.
2. RECOMMENDATION TO CITY COUNCIL (PUBLIC HEARING) - QUASI - JUDICIAL
HEARING PPUD- 11 -09- 000026 - REZONING A 10.4 -ACRE PARCEL OF LAND FROM
PLANNED DEVELOPMENT AREA (PDA) TO RESIDENTIAL MEDIUM (RM) WITH A
PLANNED UNIT DEVELOPMENT (PUD) OVERLAY, THE SUBJECT PARCEL IS
LOCATED AT THE SOUTHWEST CORNER OF HOOD ROAD AND INTERSTATE 95. A
request from Kennedy Homes, LLC, to change the zoning designation from Planned Development
Area (PDA) to Residential Medium (RM) with a Planned Unit Development (PUD) overlay and
approval of a PUD on the 10.4 -acre parcel of land, located at the southwest comer of Hood Road
and Interstate 95. The proposed PUD site plan consists of 75 residential townhome units.
Vice Chair Hansen opened the public hearing.
Petitioner: Alessandria KaWiin, Cotleur & Hearing.
Staff Presentation: Principal Planner, Richard Marrero.
Public Comment: None.
Vice Chair Hansen closed the public hearing.
Board Member Pennell made a motion to recommend approval to City Council for PPUD-1 1-09-
000026.
Chair Panczak Seconded.
Motion passed 6 -0.
Board Member Hecht declared a conflict for item 3, stepped away from the Dias and filled out
Form 8B.
3. RECOMMENDATION TO CITY COUNCIL (PUBLIC HEARING) - QUASI - JUDICIAL
HEARING SPLA- 12 -01- 000028 - FRENCHMAN'S CREEK PCD TOWNHOME SETBACK
MODIFICATION. Frenchman's Creek Community is requesting a Major Site Plan Amendment
to amend the approved Setback Matrix in order to allow a side setback of zero feet (0') for the
townhome units within Parcel G -1 of the PCD. The site is located on the southeast corner of
Donald Ross Road and Alternate Al A.
Chair Panczak opened the public hearing.
Petitioner: Bryan Donahue, Land Design South.
Staff Presentation: Senior Planner, Kathryn DeWitt.
Public comment: None.
Chair Panczak closed the public hearing.
Vice Chair Hansen made a motion to recommend approval to City Council for SPLA - 12 -01-
000028.
Board Member Pennell seconded.
Motion passed 5 -0.
Board Member Hecht returned to the Dias.
4. RECOMMENDATION TO CITY COUNCIL (PUBLIC HEARING) - QUASI - JUDICIAL
HEARING PPCD- 11 -03- 000004 - REZONING FROM PLANNED DEVELOPMENT AREA
(PDA) TO PLANNED COMMUNITY DEVELOPMENT (PCD) AND MASTER PLAN
APPROVAL (PARCEL 31.06/07). A request from Central Gardens, LLC, to rezone a 41.75
parcel of land from Planned Development Area (PDA) to Planned Community Development
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 2
02 -21 -12
I (PCD) with master plan approval for 348 multi - family residential units, 57,500 square feet of
2 general retail, and 40,784 square feet of general office. The site is located at the southwest corner
3 of Hood Road and Central Boulevard.
4 Chair Panczak opened the public hearing.
5 Petitioner: Ken Tuma, Urban Design Kilday Studios.
6 Staff Presentation: Principal Planner, Richard Marrero.
7 Public comment: None.
8 Chair Panczak closed the public hearing.
9 Board Member Pennell made a motion to recommend approval with 3 waivers as recommended
10 by staff to City Council for PPCD- 11 -03- 000004.
11 Board Member Hecht seconded.
12 Motion passed 6 -0.
13 5. RECOMMENDATION TO CITY COUNCIL (PUBLIC HEARING)- QUASI- JUDICIAL
14 HEARING SPLN- 11 -06- 000009 - REQUESTING SITE PLAN APPROVAL FOR PARCEL A
15 TO ALLOW FOR 224 MULTI - FAMILY RESIDENTIAL DWELLING UNITS. A request from
16 ZOM Development, Inc., and Central Gardens LLC, for site plan approval for 224 multi - family
17 residential units on Parcel A within the Parcel 31.06/07 Planned Community Development (PCD),
18 located at the southwest corner of Hood Road and Interstate 95. Parcel A is the northernmost
19 parcel and is approximately 22.73 acres.
20 Petitioner: Ken Tuma, Urban Design Kilday Studios.
21 Staff Presentation: Director of Planning & Zoning, Natalie Crowley.
22 Vice Chair Hansen made a motion to move SPLN- 11 -06- 000009 to a date certain of March 6,
23 2012.
24 Board Member Hathaway seconded.
25 Motion passed 6 -0.
26 6. RECOMMENDATION TO CITY COUNCIL (PUBLIC HEARING) - QUASI- JUDICIAL
27 HEARING PUDA- 11 -11- 000034 - BANYAN TREE PLANNED UNIT DEVELOPMENT
28 (PUD). A city - initiated request to consolidate the conditions of approval related to maintenance of
29 the roadways and medians adjacent to the Banyan Tree Planned Unit Development (PUD). The
30 affected Development Orders are Ordinance 11, 2003, Ordinance 17, 2003, Resolution 75, 2004,
31 and Resolution 86, 2006. The Banyan Tree PUD is approximately 12.64 acres and is generally
32 located on the northwest and northeast corners of MacArthur Boulevard and Northlake Boulevard.
33 Petitioner: None.
34 Staff Presentation: Senior Planner, Kathryn DeWitt.
35 Discussion ensued.
36 Chair Panczak opened the public hearing.
37 Public Comment: None.
38 Chair Panczak closed the public hearing.
39 Board Member Pennell made a motion to recommend approval to City Council PUDA -1141-
40 000034.
41 Board Member Hathaway seconded.
42 Motion passed 6 -0.
43 VIII. OLD BUSINESS
44 Discussion regarding signage; proposed changes to parks.
45 IX. NEW BUSINESS
46 None.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 3
02 -21 -12
I X. ADJOURNMENT
2 Chair Panczak adjourned the meeting at 8:14 p.m.
3 The next regular meeting will be held on March 6, 2012.
4 Approved: !�
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Joy Hecht
1
Charl thaway
Howard Rosenkranz
Coordinator
41 Nets: these minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts
42 of the meeting.
43 All reference attachments are on file in the Office of the City Clerk.
44 Note: all those preparing to give testimony were sworn in.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 4
02 -21 -12
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
CO NTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAM F�Sj,AI
DLE N EO
NAME OF BOARD, CO O)u1MIS§r AUT ORITY, OR COMMITTEE
IAUTH//ORITY
MAILING ADDRES n0
Vj` u
V `lJ(i�'(� {-f1
�0 ! , n,�i � ^ 0 �
THE BOARD, COUNCIL, COMMISSION, OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
❑ COUNTY ❑ OTHER LOCAL AGENCY
CITY
V
NTY
6- (�
NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED ^
(
I
MY POSITION IS:
Cl ELECTIVE APPOINTIVE
WHO MUST FILE FORM 8B
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)
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.
J f i DISCLOSURE OF LOCAL OFFICER'S IINtTnEREST%�
I, `�� �/�, , hereby disclose that on 2
(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:
Date Filed
Signatur
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. 1/2000 PAGE 2
FORM 813
CO NTY MUNICIPAL,
MEMORANDUM OF VOTING CONFLICT FOR
AND OTHER LOCAL PUBLIC OFFICERS
LAST NAM DLE N
EO
NAME OF BOARD, CO PIS§p AUT ORITY, OR COMMITTEE
(AUTHORITY
MAILING ADDRESS n i1 �I^ ! n �i ��
�j` U V `lYj�'(�
THE BOARD, COUNCIL, COMMISSION, OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
❑ ❑ COUNTY ❑ OTHER LOCAL AGENCY
CITY
OU Y
0
NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED
^
�
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)
r:F FORM RR - FFF 1i9nnn PA(:F 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
V� hereby disclose that on `1' �l "J ,4 �:
(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:
Date Filed
�� i4�- LT
Signatur
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