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PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
May 8, 2007
MINUTES
The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach
Gardens, Florida, was called to order by Vice Chair Doug Pennell, at 6:30 P.M. in the
Council Chambers of the Municipal Complex, 10500 Military Trail, Palm Beach Gardens,
Florida, and opened with the Pledge of Allegiance.
REPORT BY PLANNING AND ZONING DIVISION DIRECTOR
There was no report from the Planning and Zoning Division Director, Talal Benothman. Mr.
Solomon inquired why the employee housing issue had gone to City Council since this board
had denied it. The City Attorney clarified it was this board's responsibility to send petitions
on to City Council, and this board did not have the option to stop it here. Mr. Hansen
reported he had sent a letter to the City Council advising he would have voted in favor if he
had been present at the Planning and Zoning meeting when it was presented. Mr. Benothman
advised he could provide a copy of the staff report presented to City Council to each member
of the board.
MEETING MINUTES
Approval of the minutes of April 24, 2007 meeting was delayed to the next meeting.
ROLL CALL:
Debbie Andrea, Public Information Coordinator, called the roll for the Planning, Zoning and
Appeals Board:
Present
Douglas Pennell, Vice Chair
Barry Present
Randolph Hansen
Dennis Solomon
Jonathan Rubins
Joy Hecht, 1g` Alternate
Amir Kanel, 2°d Alternate
Absent
Craig Kunkle, Chair
Michael Panczak
Also in attendance:
Todd Miller, Principal Planner; Jackie Holloman, Planner; Talal Benothman, Planning
Manager, Tara Patton, Planning Manager
Planning, Zoning, and Appeals Board Meeting Minutes 5/8/07
Vice Chair Pennell announced agenda item 5, Petition LDRA -07 -02- 000013: Video Games and
Amusement Parlors, would be moved to be second on the agenda at the request of the applicant.
6 Public Workskop:
7 Petition PPUD -05-07- 000003 Hilltop Residential
8 Request by Kim Glas- Castro of Ruden Mc0osky for rezoning from Residential Medium
9 (RAV to a Planned Unit Development Overlay with underlying Residential Medium (RAP
to zoning and major site plan approval to allow tke development of 153 residential
11 townhouses on a 23.2 acre piece of property, generally located North of tke intersection of
12 Skadberry Street and Lychee Street, North of the Northern terminus of Congress Avenue.
13
14 Ms. Glas- Castro presented the proposal for development on the portion of the existing
15 Hilltop Gardens mobile home park located within the City of Palm Beach Gardens. The
16 architect described the proposed architecture. Todd Miller presented the staff report.
17
18 Comments from the board included agreement with staff that the plans should be redone,
19 concern with barracks -style architecture and rooflines, that better 4 -sided architecture was
20 needed as well as better views from roadways; concern that the project was too dense and
21 green space and amenities were poorly located; proposed pricing was too high to be
22 affordable housing; landscaping should be chosen that would use less water; concern
23 regarding how proposed buffers would affect adjacent properties to the East; and concern
24 with increased traffic with the extension of Congress Avenue.
25
26 Comments from the Public: Carolyn Chaplik, 715 Hudson Bay Drive, felt the project was too
27 dense and had inadequate parking. Dennis Russo commented he agreed with issues raised by
28 the board, and stated the buffer zone had not been addressed. Robert Palmeri commented
29 everyone in the subdivision to the East of the development had not been notified, and advised
30 utility companies would need access.
31
32 Vice Chair Pennell indicated direction had been given to the applicant.
33
34 Recommendation to City Council:
35 (Public Hearin0aAeislative)
36 Petition LDRA - 07-02- 000013: Video Games and Amusement Parlors
37 A City initiated request for approval of a text amendment to Section 78-159, Code of
38 Ordinances, entitled "Chart of Uses ", and Section 78 -751, "Definitions': This City Code
39 amendment provides for tke establishment of additional regulations pertaining, and a
4o modified definition of, "video game and amusement parlors'
41
42 Vice Chair Pennell declared the public hearing open. Attorney Stephen Biner, representing
43 Jerry Post and David Beck, who were in the process of opening a video games and
44 amusement parlor in Gardens Times Square, expressed objection to subsection D of Section
45 2 of the proposed revised Ordinance, limiting prizes to physical goods. Todd Miller
46 presented the staff report. Carolyn Chaplik, Hudson Bay Drive, agreed with staff. Eileen
Planning, Zoning, and Appeals Board Meeting Minutes 5/8/07
1 Tucker, Shady Lakes, agreed with staff. The City Attorney clarified the legal aspects of the
2 proposed amendments. Items discussed by the board included requiring food, restricting the
3 number of people, hours of operation, possible age limits, noise, and types of customers who
4 would use this type of establishment.
5 It was noted that Jonathan Rubins left at 8:10 p.m.
7 Jerry Post, owner of the proposed video games and amusement parlor in Gardens Times
8 Square, spoke. There was additional discussion by the board. Mr. Biner quoted from a letter
9 from the City, and requested the prizes include gift certificates and catalog prizes that would
10 make sense for adults. The City Attorney advised there was an Attorney General's opinion
11 that the proposed business was gambling. Consensus was to have staff bring this back at a
12 future date. Staff was requested to look at parking.
13
14 All those intending to speak were sworn in.
15
16 Recommendation to City Council:
17 Ex Parte Communication (Quasi- Jud}gian
18 Petition MISG07 - -03- 000027 - Fairway Professional Centre Building Signage Waiver
19 A request by Michael R Everett, agent, on behalf of 7108 Fairway Acquisition Company,
20 for approval of a waiver to allow one building identification sign to be located above the
21 second floor line of the Fairway Professional Centre building located at 7108 Fairway
22 Drive within the PGA National Planned Community Development
23
24 Planner Jackie Holloman presented the staff report. The applicant was present to answer any
25 questions. No ex -parte communication was reported.
26
27 MOTION:
28 Mr. Hansen made a motion to recommend to City Council approval of Petition MISC-
29 07 -03- 000027. Mr. Kanel seconded the motion, which carried by unanimous 6-0 vote.
30
31 Recommendation to City Council:
32 Fx Pane Commumcahon (Quasi- Judicid)
33 Petition MISG07- 03- 000025 - PEA Professional &Design Center Building 1 Signage
34 Waiver
35 A request by Jeffery P. Marshal4 agent, of Catalfumo Construction & Development, on
36 behalf of RCA Center II of Florida, LLC, for approval of a waiver for signage to be
37 located on the Northwest elevation of Building 1 within RCA Center Planned Unit
38 Development (PUD) (also known as (a. k. a) "Parcel SB') at 4300 Design Center Drive- The
39 site is located generally at the southeast corner of PGA Boulevard and RCA Boulevard
40
41 Planner Jackie Holloman presented the staff report. No ex -parte communication was
42 reported. Jeff Marshall of Catalfumo Construction & Development provided a brief
43 presentation. Board concerns were that the waiver was almost 100 %, and the sign was too
44 large.
45
46 MOTION:
Planning, Zoning, and Appeals Board Meeting Minutes 5/8/07
i Mr. Present made a motion to recommend to City Council approval of Petition MISC-
2 07-03- 000025. Mr. Hansen seconded the motion, which carried by 4 -2 vote, with Mr.
3 Solomon and Mr. Kanel opposed.
4
5 Recommendation to City Council.
6 Ex Parte Communication (Quasi - Judicial)
7 Petition MISGO7- -01- 000021 -- PG, A ~asional & Design Center Building 10 Signage
8 Recommendation to City Council: A request by Richard Heins of Robb & Stucky Interiors
9 for approval of a waiver to allow a building identification sign on the West elevation of
to Building 10 at 3801 Design Center Drive within RCA Center Planned Unit Development
11 (PUD), also known as (a k. a) "Parcel SB' : The parcel is located generally at the
12 Southeast corner of PGA Boulevard and RCA Boulevard
13
14 No ex -parte communication was reported. Planner Jackie Holloman presented the staff
15 report. Richard Heins spoke on behalf of the applicant. There were favorable comments from
16 the board.
17
18 MOTION:
19 Mr. Solomon made a motion to recommend to City Council approval of Petition MISC-
2o 07 -01- 000021 with the one waiver. Mr. Kanel seconded the motion, which carried by
21 unanimous 6-0 vote.
22
23
24 OLD BUSINESS
25
26 Mr. Kanel reported Downtown at the Gardens was getting ugly, especially where the
27 dumpsters were kept. Staff reported they had raised the issue with the applicants and a site
28 plan amendment was in the works.
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31 NEW BUSINESS
32
33 Mr. Present reported the Starbucks at The Commons had a sign on the side that was on the
34 third story, which he did not recall as being approved. Mr. Benothman reported that sign was
35 new, and it was consistent with the approved master signage program for The Commons.
36
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Planning, Zoning, and Appeals Board Meeting Minutes 5/8/07
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:19 p.m. The next regular
meeting will be held May 22, 2007.
APPROVED:
norm, DVO0o"*
Amir Kanel
i
Debbie Andrea, Public Information Coordinator
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.
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