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HomeMy WebLinkAboutMinutes P&Z 121206PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING December 12, 2006 MINUTES The Regular Meeting of the Planning, Zoning and Appeals Board 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. REPORT BY GROWTH MANAGEMENT ADMINISTRATOR: Mr. Talal Benothman, Planning & Zoning Director, reported at the last City Council meeting on December 7, 2006 had approved Doubletree PUD with the buildout date changed from 2007 to 2010. The City Council had also approved Temple Judea conditional use site plan amendment on second reading. APPROVAL OF MINUTES: Motion was made by Mr. Panczak, seconded by Mr. Pennell, and unanimously carried to approve the minutes of the November 14, 2006 meeting. ROLL CALL: Debbie Andrea, Public Information Coordinator, called the roll for the Planning, Zoning and Appeals Board: Present Absent Craig Kunkle, Chairperson Barry Present, Vice Chairperson Dennis Solomon Joy Hecht, 1 S` Alternate Randolph Hansen Michael Panczak Douglas Pennell Jonathan Rubins Amir Kanel, 2nd Alternate Ex -Parte Communication Chair Kunkle reported he had met with the applicant on agenda item 5, SP- 06 -03- 000005: Latitudes in the Gardens site plan approval application. Mr. Hansen reported he had a telephone conversation but it was not picked up on the recording. Public Workshop: Petition PPUD- 06- 09 -10: Monet Office Buildin Marty Minor of Urban Design Studio, on behalf of Monet Road LLC, is requesting approval for the Monet Office Building Planned Unit Development (PUD). This PUD request is for a 2.57 -acre parcel located south of RCA Boulevard and west of Planning, Zoning, and Appeals Board Meeting Minutes December 12, 2006 Page 2 Prosperity Farms Road. The proposed development consists of 22,000 square feet of medical office and 16, 064 square feet of professional office. Mr. Hansen stepped down due to conflict of interest. (Form 8B Memorandum of voting conflict on file in the City Clerk's office.) Marty Minor of Urban Design Studio presented the proposed project. Chair Kunkle called for public comment. Joan Love, 325 Kelsey Park Circle, a homeowner and member of the board of Oaks East Homeowners Association, reported she had spoken with Planner Richard Marrero, who had been very helpful. Ms. Love asked what type of lighting would be used in the parking lot, to which Mr. Minor responded the lights would be shielded down. Ms. Love asked if there would be a sign on the building; Mr. Minor responded there would only be tenant signs, on the North and South ends. Mr. Minor confirmed there would be windows on the East and West sides, four office windows on the second floor on the West side; the highest part of the roof was 34 feet; and there would be landscaping at the buffers and against the building. Tricia expressed concern regarding the gopher tortoises, and the largest oak tree. Chair Kunkle advised there was a whole State program regarding protecting the gopher tortoises. Mr. Minor advised the project was scheduled to be completed in 9 months to a year. Mr. Rubins commented he was impressed with the relocation of existing vegetation, and fully supported the waiver for the oak tree. In response to questions from Mr. Pennell, Mr. Minor confirmed the required number of parking spaces was 164 and 166 had been provided, and 22,000 square feet would stay medical. The applicant was requesting 14 spaces in a row on one side of the oak tree and 12 spaces in a row on the other side. Mr. Kanel suggested using shorter poles for the parking lot lights. Mr. Minor described the building colors, and indicated color boards would be provided at the public hearing. Mr. Solomon requested access road information at the next presentation and that the road be on a perpetual easement, requested more landscaping on the West side, suggested that vehicular traffic go all around the building, requested a roof plan, and suggested awnings or bahama shutters. Mr. Minor confirmed for Mr. Panczak these would be condos, there was currently discussion regarding a cross parking agreement, and that mechanical equipment would be screened. Chair Kunkle requested the renderings reflect actual installed heights of palms, suggested adding two additional planting wells on the South perimeter in lieu of requesting a waiver, asked for a detailed plan of protection for existing oaks during construction, and advised the East side of the privacy wall to the Western neighbors needed improved landscaping. Mr. Solomon suggested the yellow exterior building color be toned down. Mr. Minor confirmed drainage would all go to the East, and not a lot of fill would be needed. A rendering depicting the view from adjacent back yards was requested. Planning, Zoning, and Appeals Board Meeting Minutes December 12, 2006 Page 3 Public Hearin,- and Recommendation to City Council: Ex Parte Communication (Public Hearin ,-) Petition LDRA- 06- 06 -07: Amendment to Subdivision L AIPP, Sec. 78 -261: Sec. 78 -262 A City- initiated request for approval of a text amendment to Section 78 -261 and Section 78 -262, of Subdivision L Art in Public Places, Code of Ordinances. This City Code amendment seeks to revise the art in public places program definitions, procedures, and requirements. Mr. Hansen re joined the board. Brad Wiseman, Planning Manager, presented the staff report. Proposed revisions included addition of definitions for art and artist, application requirements, role of the Art Advisory Board, change of the percentage of fee used to employ an art consultant, designation of code enforcement to assure public art would be maintained in good condition, requirement of a time line for installation, artist release, requirement of a workshop before the Art Board before recommendation, criteria for art, clarification of staff recommendation, redevelopment, and to allow flexibility according to the site for the most public enjoyment. The Art Advisory Board had voted 7 -0 in favor of the revisions. Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle declared the public hearing closed. Comments by the PZA Board included that art must be done by an artist and not a developer, the art consultant fee was solely to benefit the applicant, in the past the number on which the percentage was based had been artificially low at times and that should be monitored, cost was only based on vertical construction, "capital" could be omitted from capital project, to consider in a mixed -use project whether the residential portion should be included in the threshold, funds deposited should be in an interest - bearing account, certification should come from the developer and the developer's attorney in form and substance satisfactory to the City, add to the end of paragraph 7 to include cost of collection and interest and reasonable attorney's fees, to the language no certificate of occupancy shall be issued until the art work is installed add: unless otherwise approved by Growth Management Administrator, on page 8 include that the City have the right to refer to the name and likeness of the artist, on page 10, paragraph C, on use of art, to expand that to provide for short term loans of art, that actual construction costs of vertical construction were verified by the City's building official, the cost of vertical construction would be re- calculated in the case of cost overruns, and items making up cost overruns should be identified. MOTION: Mr. Rubins made a motion to recommend to City Council approval of Petition LDRA- 06-06-07, Amendment to Subdivision 1, AIPP. Mr. Hansen seconded the motion, which carried by unanimous 7 -0 vote. Planning, Zoning, and Appeals Board Meeting Minutes December 12, 2006 Page 4 Recommendation to City Council: Ex Parte Communication (Quasi Judicial) MISC-06 -10- 000018: Donald Ross Village Planned Unit Development (PUD) - Si ,-na e Waiver A request by Marty Minor, of Urban Design Studio, on behalf of Donald Ross/Military L. C., for approval of the waiver to allow for one (1) additional flat/wall sign for tenants that have two or more elevations within the Donald Ross Village PUD. The Donald Ross Village PUD is located along the south side of Donald Ross Road between Military Trail and Central Boulevard. Marty Minor presented the request on behalf of the applicant. Mr. Minor confirmed that CitiBank was the tenant that had initiated the request. Comments from the board included disappointment in the quality and color of the project signage, discussion of the staff report language which indicated a precedent was not being set, that signage size could be reduced as a trade -off to grant a waiver, that signage was necessary to businesses, that this could open others to request signage for backs of buildings. MOTION: Mr. Hansen made a motion to recommend to City Council approval of Petition MISC- 06-10- 000018 as submitted. Mr. Kanel seconded the motion. Motion carried 5 -2 with Mr. Rubins and Mr. Panczak opposed. Recommendation to City Council: Ex Parte Communication (Quasi Judicial) Petition MISC- 06 -12- 000020 — Waiver for Cobb Movie Theatre Tenant Wall Sien A request from Cotleur & Hearing, Inc., agent for Cobb Movie Theatres, for a wall signage waiver amendment. The site is located at Downtown at the Gardens, Building A, within the Regional Center DRUPCD, 11751 Alternate AIA. Donaldson Hearing presented the request on behalf of Cobb Theatres. Comments from the board included that the size of the lettering made it overpowering, the colors did not match, signage was necessary to business, and there was no specific hardship. MOTION: Mr. Pennell made a motion to recommend to City Council approval of Petition MISC- 06-12- 000020 as submitted. Mr. Kanel seconded the motion. Motion carried 4 -3 with Mr. Rubins, Mr. Panczak, and Mr. Kunkle opposed. Recommendation to City Council: Ex Parte Communication (Quasi Judicial) SP- 06 -03- 000005: Latitudes in the Gardens — Site Plan Approval A request by Ms. Dodi Glas, of Gentile, Holloway, O'Mahoney & Associates, Inc., on behalf of Gardens 95 Limited Partnership, LCC, for site plan approval to allow the development of 9,000 square feet of restaurant use, 15,000 square feet of retail use, 38,000 Planning, Zoning, and Appeals Board Meeting Minutes December 12, 2006 Page 5 square feet of medical office use, and 14,866 square feet of professional office use on "Parcel A" and "Parcel B" of the Parcel 31.04 Mixed -Use Planned Community Development, consisting of approximately 9.0 acres to be referred to as "Latitudes in the Gardens." The approximately 50.58 -acre Parcel 31.04 Mixed -Use Planned Community Development is located directly east of the intersection of Interstate 95 and Central Boulevard. Ms. Dodi Glass presented the project on behalf of the petitioner. Comments from the board included a request to research whether the number of handicap parking spaces was sufficient, to possibly change the fascia design at the ends, and questioned signage above the third story. The petitioner indicated the fascia design change would be considered, and signage would be presented as a separate package. Concern was expressed regarding traffic flow, which the applicant advised would be controlled. Lighting of the parking area was discussed. The design of interior windows facing the courtyard were requested to be consistent in balcony treatment and arches. Mr. Rubins left before the motion was made. MOTION: Mr. Solomon made a motion to recommend to City Council approval of SP- 06 -03- 000005: Latitudes in the Gardens, with two waivers. Mr. Pennell seconded the motion. Mr. Hansen requested the comments regarding architectural changes be addressed by the applicant before presentation to City Council, which was accepted by both Mr. Solomon and Mr. Pennell to be a part of the motion. Motion carried unanimously. OLD BUSINESS There was no old business to come before the board. NEW BUSINESS Mr. Solomon requested applicants make the surrounding roadway more visible in site plan presentations. Mr. Kanel commented the 11 "x17" reductions of site plan area maps were not large enough to read. Planning, Zoning, and Appeals Board Meeting Minutes December 12, 2006 Page 6 ADJOURNMENT There being no further business, the meeting was adjourned at 8:49 p.m. The next regular meeting will be held December 26, 20,161 APPROVED: Craig Kunkle, Jr., Chair Michael Panczak Amir Kane] Debbie Andrea, Pu lic Information Coordinator Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -F AME -M L NAM � NA OF OARD, CO NCIL, COMMI_ SSION AUTHOR; ME MAKING /jQQFj�S$ .� 1 U1 IV)1`. J1�1.v1�.•.{/j>,f}`�` ^ , ^ THE BOARD, COUNCIL, COM ISSION�, AUTH�O�RJII�_ OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ITY ❑COUNTY ❑OTHER LOCAL AGENCY OUNTY li N P TICAL��J DI SION: DATA ON WHI H TE OQQURRED vorc- ' , MY POSITION IS: ❑ ELECTIVE YAPPOINTIVE 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 BB - EFF. 1/2000 PAGE 1 E 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 hereby disclose that on I/V�� Z 20U,73: (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, T- b,��}— c nt 1� ✓ inured to the special gain or loss of / v�� t 1P01 G�511�%L 05=5:�C— 5L12 G 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: ^" 1 TC-0- F f- PFOJN- 0- IZ.I�-' -0G 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 813 - EFF. 1/2000 PAGE 2