HomeMy WebLinkAboutMinutes P&Z 0514131
2
3
4
5 I.
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
May 14,2013
CALL TO ORDER
6 The regular meeting was called to order at 6:02 p.m. by Chair Hansen.
7 II. PLEDGE OF ALLEGIANCE
8 III. ROLL CALL
9 Members Present:
10 Chair Randolph Hansen, Vice Chair Douglas Pennell, Michael Panczak, Roma Josephs, Charles
11 Hathaway, Howard Rosenkranz, 1st Alternate Member Meriel (Honey) Bryan sat in for Robert
12 Savel.
13 Members Absent: Robert Savel.
14 Also Present: City Attorney, R. Max Lohman; Director of Planning and Zoning, Natalie Crowley.
15 IV. ADDITIONS, DELETIONS, MODIFICATIONS
16 Director of Planning and Zoning, Natalie Crowley advised that staff requested item #4 be
17 reordered to item # 1.
18 Board Member Panczak made a motion to reorder the agenda as requested.
19 Board Member Hathaway seconded.
20 Motion passed 7-0.
21 V. REPORT BY DIRECTOR OF PLANNNING AND ZONING: NATALIE
22 CROWLEY Reported that there were two approvals at the May 2, 2013 City Council Meeting;
23 the Velocity Credit Union Drive through A TM and; the Regional Center. The petition for the
24 PGA Plaza was postponed to a date certain of June 6, 2013 per the request of the applicant.
25 VI. APPROVAL OF MINUTES
26 Board Member Hathaway made a motion to approve the minutes from the April 9, 2013
27 meeting.
28 Board Member Panczak seconded.
29 Motion passed 7-0.
30 Chair Hansen asked if there was any exparte.
31 Board Member Panczak: yes, staff and applicant for item #2 Recommendation to City Council
32 (Public Hearing) -QUASI-JUDICIAL HEARING PUDA-12-12-000047 and CUMJ-12-12-
33 000026 PGA National Commerce Park PUD Amendment; Board Member Josephs: yes, staff
34 on The Renaissance School; Board Member Rosenkranz: yes, staff; Vice Chair Pennell: yes,
35 applicant, staff and Mr. Rosen; Alternate Member Bryan: yes, Mr. Koenig; Chair Hansen:
36 yes, staff on item and #I Recommendation to City Council (Public Hearing) -QUASI-
37 JUDICIAL HEARING PPUD-13-04-000030 -City Hall Municipal Complex Rezoning and Site
38 Plan Amendment and #2 Recommendation to City Council (Public Hearing) -QUASI-
39 JUDICIAL HEARING PUDA-12-12-000047 and CUMJ-12-12-000026 PGA National
40 Commerce Park PUD Amendment.
41 Those preparing to give testimony were sworn in.
42 VII. PUBLIC HEARINGS
43 1. Recommendation to City Council (Public Hearing) -QUASI-JUDICIAL HEARING
44 PPUD-13-04-000030 -City Hall Municipal Complex Rezoning and Site Plan Amendment A
45 City initiated request to rezone the City Hall Municipal Complex from Public Institutional (P/1)
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
05-14-13
Page 1
1 to a Planned Unit Development (PUD) overlay with an underlying zoning designation ofP/1. Site
2 plan modifications are included.
3 Chair Hansen opened the public hearing.
4 Petitioner: None.
5 Staff Presentation: Police Chief Stephen Stepp; Planner, Peter Hotheinz.
6 Public comment: None.
7 Chair Hansen closed the public hearing.
8 Board Member Rosenkranz made a motion to approve PPUD-13-04-000030 City Hall
9 Municipal Complex Rezoning and Site Plan Amendment.
10 Board Member Panczak seconded.
11 Motion passed 7-0.
12 2. Recommendation to City Council (Public Hearing) -QUASI-JUDICIAL HEARING
13 PUDA-12-12-000047 and CUMJ-12-12-000026 PGA National Commerce Park PUD
14 Amendment A request by Fask Realty, Ltd. for an amendment to the PGA National Commerce
15 Park Planned Unit Development (PUD) to approve a Major Conditional Use for a 1,140-student
16 charter school. The PGA National Commerce Park PUD is located on the north side of Hiatt
17 Drive approximately 0.15 miles northeast of the intersection of Hiatt Drive and Northlake
18 Boulevard.
19 Chair Hansen opened the public hearing
20 Petitioner: Patrick Koenig, Chamber of Commerce of the Palm Beaches; Brian Seymour,
21 Gunster; Rob Rennebaum, Simmons and White; Don Hearing, Cotleur and Hearing.
22 Staff Presentation: Senior Planner, Kathryn DeWitt.
23 Board Member Panczak left the meeting at approximately 7:10p.m.
24 Recording paused for technical issues.
25 Public Comment: Senator Joseph Abrusso, 443 Belle Grove Lane, Royal Palm Beach; Chas
26 Berle, 625 Hermiage Circle, Palm Beach Gardens; Frank Biden, 15 Ridge Blvd., Ocean Ridge;
27 Ed Chase, 3402 Gardens East Dr., Palm Beach Gardens; Barbara Grossman, 161 Thornton
28 Dr., Palm Beach Gardens; Lam A. Peters, P.E., 3051 Perriwinkle Cir., Davie; Michael Falk,
29 105 Woodsmuir Ct., Palm Beach Gardens; Benjamin Bruner, 480 Hibiscus St, Apt. 919, West
30 Palm Beach; Pamela McCoy, 1424 Stoneway Lane, West Palm Beach; Richard Durr, 1978
31 White Coral Way, Wellington; Steve Hollander, 803 Floret Dr., Palm Beach Gardens; Jim
32 Martini, 360 Hiatt Drive, Palm Beach Gardens; Jennifer Arsenault, 2015 Bonisle Circle, Palm
33 Beach Gardens; Lauren Hollander, 803 Floret Drive, Palm Beach Gardens; Charles Barnett,
34 8412 Native Dancer Rd, Palm Beach Gardens; Craig Anderson, 1900 Purdy Ave., Apt. 2002,
35 Miami Beach; Jay Mikosch, 1424 39th St., West Palm Beach; Anita Carbone, 2 Lexington
36 Lane East #2, Palm Beach Gardens; Gregg Kowalczyk, 10272 Allamanda Blvd., Palm Beach
37 Gardens; Betsy Savery, 12300 N. AlA, #210A, Palm Beach Gardens; Elizabeth Houlihan,
38 8095 Bautista Way, Palm Beach Gardens; Laura Hanley, 16338 Alexander Run, Jupiter.
39 12 comment cards were completed and submitted, however, the individuals did not speak. The
40 cards are on file in the City Clerk's office.
41 Laura Hanley, 16338 Alexander Run, Jupiter submitted 35 pages of letters. The letters are on
42 file in the City Clerk's Office;
43 Chair Hansen closed the public hearing.
44 Vice Chair Douglas Pennell made a motion to approve PUDA-12-12-000047 and CUMJ-12-
45 12-000026 PGA National Commerce Park PUD Amendment with all of staff's 30 conditions.
46 Board Member Hathaway seconded.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
05-14-13
Page 2
Motion passed 6-0.
2 Chair Hansen reordered the agenda, changing item 4 to 3 and 3 to 4.
3 3. Recommendation to City Council (Public Hearing) -QUASI-JUDICIAL HEARING
4 MISC-13-02-000093 -Legacy Place A request by Miami Children's Hospital for an
5 amendment to the Legacy Place Master Sign Package.
6 Chair Hansen opened the public hearing.
7 Petitioner: None.
8 StaffPresentaion: None.
9 Public comment: None.
I 0 Chair Hansen closed the public hearing.
11 Board Member Rosenkranz made a motion to approve MISC-13-02-000093 Legacy Place as
12 presented in the packet and with conditions of approvals.
13 Vice Chair Pennell seconded.
14 Motion passed 6-0.
15 Recording paused to provide a break.
16 4. Recommendation to City Council (Public Hearing) -QUASI-JUDICIAL HEARING
17 PCDA-12-02-000013 -PGA Office Center PCD Amendment A request by Florida Power &
18 Light and Spearfisher Partners, LLLP. for an amendment to the PGA Office Center Planned
19 Community Development (PCD) (f.k.a SA I PGA Corporate Center) to approve 993,000 square
20 feet of office space and accessory uses. The 86.34-acre site is located east of Military Trail, west
21 of Alternate AlA, and is bisected by Kyoto Gardens Drive.
22 Board Member Hathaway and Board Member Rosenkranz abstained from voting, stepped
23 down from the Dias and each filled out Form 8B (on file with the City Clerk).
24 Chair Hansen opened the public hearing.
25 Petitioner: Ken Tuma, Urban Design Kilday Studios.
26 Staff Presentation: Planning and Zoning Director, Natalie Crowley.
27 Public comment: Gordon Douglas, 4290-C Hazel Ave., Palm Beach Gardens; Michael
28 Gregory, 3335 Pine Hill Trail, Palm Beach Gardens; Carol Coopersmith, 11559 Winchester
29 Dr., Palm Beach Gardens.
30 Chair Hansen closed the public hearing.
31 Board Member Josephs made a motion to approve PCDA-12-02-000013-PGA Office Center
32 PCD Amendment.
33 Vice Chair Pennell seconded.
34 Motion passed 4-0.
35 Board Member Hathaway and Board Member Rosenkranz returned to the Dias.
36 5. Recommendation to City Council (Public Hearing) LDRA-13-01-000045 City-initiated
37 amendment to the Land Development Regulations A City-initiated text amendment to various
38 sections of Chapter 78 of the City's Code of Ordinances to provide clarity, organization, and
39 consistency.
40 Chair Hansen opened the public hearing.
41 Petitioner: None.
42 Staff Presentation: Planning and Zoning Director, Natalie Crowley.
43 Public comment: None.
44 Chair Hansen closed the public hearing.
45 Board Member Hathaway made a motion to approve LDRA-13-01-000045 City-initiated
46 amendment to the Land Development Regulations.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
05-14-13
Page 3
1 Board Member Rosenkranz seconded.
2 Motion passed 6-0.
3 VIII. OLD BUSINESS
4 None.
5 IX. NEW BUSINESS
6 None.
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
(Fhe remainder of this page intentionally left blank)
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
05-14-13
Page 4
X. ADJOURNMENT
2 Chair Hansen adjourned the meeting at 10:52 p.m.
3 The next regular meeting will be held on June 4, 2013.
4 Approved:
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 ~
31·-
_:~ll:~\·~ I~·· · s
~ ~~"' ' . ' -~Ji~r~ ' ~ -~ ~ -----
3lL_· .Donna L. Kramer
·· 39 ~~---Municipal S~rvices Coordinator
40 . ~
41 Nofe': these minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts
42 of the meeting. A verbatim audio recording is available on the City Website or from the Office of
43 the City Clerk.
44 All referenced attachments on file in the Office of the City Clerk.
45 Note: all those preparing to give testimony were sworn in.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
05-14-13
Page 5
FORM 88 MEMORANDUM OF VOTING CONFLICT
FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC
OFFICERS DATE ON Vln-IICH VOTE OCCURRED YYJ /+-[J B.ECTlVE \ikAPPC>lNTIVE WHO MUST FILE
FORM 88 This form is for use
by any person serving
at the county, city, or other
local level of
government onan appointed .or elected board,
council, commission, authority, or
committee. It appJies equally to members of
advisoryand non-advisory bodies who are presented with a voting conflict of interest
under Section 112.3143, Florida Statutes. Your responsibilities under thelawwhenfaced 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 dose 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 1he 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 entily engaged in or canying
on a business enterprise with the officer as a partner. joint venturer. coowner of proper1y, or cotporate shareholder {where the shares of the corporation are
not
listed on any national or regional sfDck 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 firing 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 votingin 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 orany
or inwriting and whether made by you or at your direction. IF YOU INTEND TO MAKE AtN 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 attemptto influence the decision) with the person responsible for recording the minutes
of the meeting, who will incorporate the fonn in the minutes. (Continued on other side) CE FORM 88-EFF. 1/2o0o 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: Youmust 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 afthe form must be
provided immediately to the other members of the agency, and the form must be read pubftdy at
the next meeting after the form
is filed DISCLOSURE OFLOCAL OFFICER"S INTEREST I, Ctk+-dGS ;/. KB 1'/-/A-wA y . hereby disclose that on ____ ......
YYJ.L.<.,./i...'-=->\,_/_L..:;t !-I,:..L..r-----'' 20 .J3_: 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, ___,So:..:C>!ai::...JM=---Jfl~
t"-'' c.~ft~tt-=.L&~tJ"--4.d...L.
L.n-L....Lr_ti!.,
L_~fl-="'-:..CwA-~'-=iil,__ ______ , , r . 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 subsidiaiY of a principal which has retained me.
b) The measure before my agency and the nature of my con1fiCiing interest inthe measure is as follows: mv So.V is /JAJ c)?'J)
O}byee_ tJf:2 Fy1A.. Pc D fl--1,2...-();1.._-o(!)(!)o£3-fJGAor::F'r~Ce.IJTe.L--Ic{)
AYne.,VO"YYl~IJT. Date Filed 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 PAGE2
FORMBB MEMORANDUM OF VOTING CONFLICT FOR
CO UNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAMECFIDARO, caJt.Cil.., COMWSSOII, AJ.JTHamY, OR COMMmEE
f<..~ vvk:&_ N <.. f<!rr}..; (I) R ~ rr .P2A6
MAILING ADD,~ I lHEBOARD, au«::... c:clMMtSSIOO. AIJTI·DUTY OR COMMmEE ON
1...5 · . }...rJ C..~ov 0 L..N WiD-ff~JSAI.NTOF:
CITY ? (3 G COtMfY
I).OTY []caMJY 0 OTl-ER LOCAL. N2£NC'f
P101....m~z l:J NAME a; R:UI1CAl st&liVISICN:
DATE ON 'M-IlCH VOTE ~7ED MY POSffKNIS: 5/ ll/, !J [] B..ECfiVE ~~ APPOINTlVE
I
WHO MUST ALE FORM "88
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 membefs of advisory and non-acMsOiy bodies who are presented with a voting
conflict of interest under Section 112..3143, Florida Stalutes..
Your responsibilities under the law when faced with voting on a measure in wbich you have a con1tict ofinterest 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 SEC110N 112.3143, FLORIDA STATUTES
A .person holding elective or appointive county, mmicipal, 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 foss of a principal (olher 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 .. Comrrissioners of COflliiUlit.y redevelopment agencies under Sec .. 163.356 or
163.357, F .S., and officers of independent special talc <lstrids elected on a one-a::re, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's falher, mo1her, son, daughter, OOsband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-taw .. 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 proper1y. or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock excfunge} .. .. ... .. ... .. ... .. .. ... .. * *
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 assentiy the nature of your interest in the measure on which you
are abstaining from voting; end
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing tis form with 1he person responsible for recording the min-
utes of the meeting, who should incorporate the torm in the ninutes ..
A PPOINTED OFFICERS:
Although you must abstain from voting in lhe siluations described above, you olheiWise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to inluence the decision, whether oraRy or in writing and whether made
by you or at your direction ..
IF YOU INTEND TO MAKE ANY ATTEMPT TO tNft.UEHCE THE DECtS\Otf PRiOR TO THE MEETING AT \NHtCH 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 oftile meeting, who witr inCOipOI"a(e fhe fonn in fhe minutes.. (Continued on other sideJ
CE FORM 88 -EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
of-the-fonn ·mustbe-~in'lmf3~1o1he _~ ~~~ ~:.
The form must be read publicly at the next meeting after the form is tiled.
IF YOU MAKE NO ATTEMPT TO INFlUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You must disclose orally the nature of your contlict 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 recorcing the minutes of the
me~g,wtJom~st-.i~9f'PClf"*-the-fonn.in-thennutes; Acopy-offhe.fomt.mustbe·provided-immeciatery-to-the-othermembers-of·the·
agency, and the form must be read publicly ;Jt1he next meeting after the form is filed
DISCLOSURE OF LOCAL OFFICER"S INTEREST ·
I, --L-~~_.;;..;......:.._'fO.....:;CZD=-~~-=-?J-S_EN;;;;;..__~_~__;;;,_JYZ_.;__ __ ~rhereby cisclose that Qn __ ~ __ Y __ f_l./_-r~_h ____ _, 20 .J.l:
a) A measure came or wiD come before my agency which (dteck one)
inured to my special private gain or toss;
inuredtothespecial gain or loss of my business~ •. £voBfl.i<;;e[ cCJ/V)~vfV)---;>7 /YVO.rllx:J ~ &-? W'7 ;
inured to the special gain or loss of my relative,------------------------
inured to the special gain orloss of, ______________ .,.--____________ , by
whom I am retained; or
inur~d to the special gain or loss of _______ _.___....._, __________ _._........_ ___ --:... which
is the parent organization or SUbsiciiKf of a p~al which has retained me .
b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
UKJ<£,Z? IS A-.~~ ./0 g' <[.0 ~ )7 !'rJ:J ($ fl if < ( ( ~ V>N JT'V f'f"VcJ..rJA6 'f:rnz.... ......,_
wJ.<J-o -:ff C.J J:? ~ ~ cz., ~ .f'O..I(j-,-~.{'I\ r.) {t) L-rPft1 "'G t::t Ni11 ~a.. 1 1-t? t:.
C<>"".rr>-v-N,-:f'Y w >-:::J )c7 7 )<J£ .:l}s-vt_
Date Filed Signature
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 SAtARY. REPRIMAND. OR A
CIVIL PENAlTY NOT TO EXCEED $10,000.
CE FORM 8B-EFF. 112000 PAGE2