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HomeMy WebLinkAboutMinutes P&Z 032503CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION REGULAR MEETING March 25, 2003 MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chair Craig Kunkle at 6:30 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 to the Flag. REPORT BY GROWTH MANAGEMENT ADMINISTRATOR Growth Management Administrator Charles Wu reported that since the last meeting the City Council had approved Old Palm parcels A, B, & E. There had been a 3 -2 vote on parcel A because two members thought the turnaround should be adjusted; and on parcel B the vote was 4 -1 with access to the end lot changed. Brio Tuscan Grille restaurant was unanimously approved; and Legacy Place residential portion changes were approved. APPROVAL OF MINUTES: The minutes of the February 25, 2003 Planning and Zoning Commission meeting were approved as submitted upon motion by Mr. Hansen, seconded by Mr. Pennell, and unanimously carried. ROLL CALL Betty Laur, Secretary for the meeting, called the roll for the Planning and Zoning Commission: Present Absent Chairman Craig Kunkle Vice Chairman Barry Present Chairman Pro Tem John Glidden. Joel Channing Dennis Solomon Douglas Pennell Randolph Hansen Alternate Michael Panczak Also present were Growth Management Administrator Charles Wu, Principal Planner Talal Benothman, Senior Planner Kara Irwin, Planner Natalie Wong, and City Attorney Christine Tatum. Ouasi- Judicial Proceeding (P &Z) Petition SP- 03 -10: PGA National Montessori School Revocation of Site Plan Amendment SP -01 -29 Planning & Zoning Commission Minutes March 25, 2003 Consideration of ApprovaUFinal Order: Mr. Steve Mathison, agent for Ms. Mary Sandrini, is requesting a site plan revocation for the Montessori School (aka Hiatt Children's Center) located within the PGA National Planned Community District (PCD). The 1.51 -acre site is located on a portion of Lot 3 at Hiatt Drive within the PGA National PCD approximately % mile west of the intersection of Northlake Boulevard and the Florida Turnpike. The City Attorney swore in all those intending to speak on this petition. Planner Natalie Wong presented the petition. Steve Mathison, attorney for the petitioner, thanked staff for working to provide a creative way to do this since the school provided needed services to the community. MOTION: Mr. Solomon made a motion to approve Petition SP -03 -10 as submitted. Mr. Hansen seconded the motion, which carried by unanimous 7 -0 vote. Recommendation to City Council (P &Z) Petition SP- 03 -09: Anspach Additional Parking Area A request by Roxanne Manning, agent for Anspach Company, seeking a site plan amendment to allow for the expansion of a parking lot by approximately 37 spaces. The subject site is 7.0 acres and is at the southwest corner of the intersection of Riverside Drive (West Park Drive) and North Corp Parkway. Senior Planner Kara Irwin presented the staff report. Mr. Solomon asked if landscaping would go in with the additional spaces, to which Ms. Irwin responded yes, per code, and no waivers had been requested for that item. In response to a question by Chair Kunkle, Ms. Irwin clarified that the conservation easement must be recorded before this went to City Council. Roxanne Manning presented for the petitioner. Mr. Hansen noted that 175 spaces required 6 handicap spaces and there were currently 5, but they did not meet code. Mr. Hansen suggested as part of this approval the existing 5 spaces be brought into compliance and placed on an accessible route and the other required handicap space added. Mr. Solomon asked if there was any problem having a condition of approval that the conservation easement be reviewed by the City Attorney and then recorded, and also that the handicap spaces be in accordance with Florida Accessibility Code. Ms. Manning indicated no problem but she wanted to review the language. Mr. Glidden inquired if the concrete immediately south of the building was a driveway; Elaine Beers of Anspach Effort responded for the petitioner that the area was paved and there were garage doors for access. Mr. Glidden asked how people gained pedestrian access to the building from the new parking lot, to which Ms. Manning responded by showing access points on the site plan, and explained there was paved surface access to the building and the new plan would provide an opportunity to link to existing sidewalks. MOTION: Mr. Glidden made a motion to recommend to City Council approval of SP -03 -09 with waivers requested by staff. Mr. Present seconded the motion. Mr. Solomon requested an amendment to 2 Planning & Zoning Commission Minutes March 25, 2003 the motion to include review of the conservation easement by the City Attorney and recording of the conservation easement, and that six handicap spaces comply with the Florida Accessibility Code. The amendment was accepted by Mr. Glidden and Mr. Present, and the motion carried by unanimous 7 -0 vote Public Hearing. (P &Z) PetitionDRIINOPC- 03 -01: Regional Center DRYNOPC PCD Amendment A request by Don Hearing of Cotleur Hearing, agent, for the purpose of considering a proposed change to the Development Order of the Regional Center Development of Regional Impact (DRI) and the Planned Community District (PCD). Under consideration for recommendation for approval and adoption are relocation of uses, addition of an egress- ingress access point, and creation of a new land -use category for the Regional Center DRI. The Regional Center DRI/PCD is located along and bounded by PGA Boulevard to the south, Prosperity Farms Road to the east, Alternate AIA to the west, and Atlantic Road to the north. Mr. Glidden stepped down due to conflict of interest, and Mr. Panczak was seated in his place. Principal Planner Talal Benothman advised that the applicant had requested that the NOPC public hearing be continued. MOTION: Mr. Hansen made a motion to continue the public hearing for Petition DRI/NOPC -03 -01 to April 8, 2003. Mr. Solomon seconded the motion. Chair Kunkle declared the public hearing open. Hearing no comments from the public, a vote was taken on the motion, which carried by unanimous 7 -0 vote. Mr. Glidden was re- seated on the Commission. Recommendation to City Council. (P &Z) Petition SP- 01 -03: Downtown at the Gardens - Site Plan Review A request by Don Hearing of Codeur Hearing, agent, for site plan approval of a development to be known as Downtown at the Gardens, consisting of office, retail, and entertainment center uses on an approximately 35 -acre site (two parcels). The total square footage of the proposed development is 334,435 square feet, of which 314,435 square feet will be used for commercial purposes. The site is located at the southeast corner of the intersection of Gardens Parkway and AlternateAIA, within the Regional Center Development of Regional Impact (DRI). Principal Planner Talal Benothman presented the project and advised that the Commission needed to make a recommendation on the site plan and one on the lake plan tonight. Mr. Benothman confirmed for Chair Kunkle that staff foresaw no problems with the NOPC and that a letter had been received from Florida DCA stating no objections. Mr. Solomon asked if there should be concern regarding where kiosks were located. Mr. Benothman responded there could be a condition of approval, and the kiosks 3 Planning & Zoning Commission Minutes March 25, 2003 were planned to be internal and along the amphitheater. Mr. Benothman explained that for the residential portion being transferred the use would be office /retail and so forth, because the applicant was allowed to convert between the uses, and explained that a 3 -story parking structure was being shown. Mr. Solomon questioned prohibited uses, and Mr. Benothman explained a couple had been included in a resolution for the whole DRI. Mr. Solomon asked if there were others, to which Mr. Benothman responded the uses were limited to the commercial zoning district. Mr. Solomon asked if a gas station would be permitted. Mr. Benothman explained gas stations were not allowed plus it was a conditional use, and the same for car washes. A self - storage facility was only allowed in light industrial, adult establishments were not allowed, and there were other safeguards. Mr. Benothman confirmed the kiosks were mobile and the parking structure buildout date was 2009, which was the buildout date for the DRI. Mr. Benothman commented this project would like to be open for 2004. Mr. Present asked if in the event it triggered a parking structure, if it would be bonded; Mr. Benothman explained there were five conditions of approval which if not met a CO would not be issued.. Mr. Pennell advised he had the same parking concerns that had been discussed. Mr. Hansen asked if there was still an opportunity to change the architectural character based on the type of tenants. Mr. Benothman responded the uses were fluid but not the architecture. Mr. Hansen expressed concern the large parking structure would block the view into the project. Mr. Channing commented the Commission had not seen the parking structure before and it was shown only on a small portion of the site plan with no elevations to show what it would look like. Mr. Channing asked staff about the proposed conversion of uses, to which Mr. Benothman responded that a spread sheet had been included with square footages. Chair Kunkle and Mr. Channing indicated a project of this magnitude in the downtown area of the city should be presented accurately showing what the applicant intended to do, and the Commission needed to see images of the proposed parking garage and the other one for which there was a potential. Mr. Hearing requested to make his presentation at tonight's meeting and to go over the additional information on April 8; however, the Commission did not agree. Mr. Hearing explained none of the architecture had changed, only the parking garages, which were very well landscaped and buffered and had a nice design. Mr. Channing requested color boards at the next meeting. Chair Kunkle requested materials to show exactly what the City was going to get and to make the entire presentation on April 8. Mr. Solomon advised the applicant to keep in mind when they came back in addition to showing the Commission what the project would look like and what the landscaping would look like that the parking garage was a big mass of material that would block some views, and perspectives needed to be shown from Alternate A 1 A and Mira. Flores going both ways to see what would be blocked. OLD BUSINESS There was no old business to come before the Commission. 10 MA There was no new business to come before the Commission. 4 Planning & Zoning Commission Minutes March 25, 2003 ADJOURNMENT There being no further business, the meeting was adjourned at 7:28 p.m. The next regular meeting will be held April 8, 2003. APPROVED: Be Laur, Secretary for the Meeting 5 'ry 1 ti FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME - FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE GLIDDEN, JOHN PLANNING & ZONING COMMISSION MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A 8 HUNTLY CIRCLE UNIT OF: X CITY COUNTY OTHER LOCAL AGENCY CITY PALM BEACH GARDENS COUNTY PALM BEACH NAME OF POLITICAL SUBDIVISION: CITY OF PALM BEACH GARDENS DATE ON WHICH VOTE OCCURRED March 25, 2003 MY POSITION IS: ELECTIVE X APPOINTIVE WHO MUST FILE FORM 80 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. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict 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 ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which insures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which insures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should 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 minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which insures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which insures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should 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. A copy of the form should be provided immediately to the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. YOU"MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. You should 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 should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, John Glidden, hereby disclose that on March 25, 2003: (a) A measure came or will come before my agency which ( x inured to the special gain of MENIN DEVELOPMENT, INC.. by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is a follows: e5-,ic- pvv' 004- March 25, 2003 Date Filed Signet e NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), 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 $5,000.