HomeMy WebLinkAboutAgenda P&Z 071012A G E N DA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, JULY 10 , 2012 AT 6:00 P.M.
COUNCIL CHAMBERS
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• ROLL CALL
• ADDITIONS, DELETIONS, MODIFICATIONS
• REPORT BY THE DIRECTOR OF PLANNING AND ZONING :
NATALIE CROWLEY
• APPROVAL OF MINUTES: 06/12 /2012
PLANNING, ZONING AND APPEALS BOARD
Regular Members: Alternates:
Michael Panczak Robert Savel (1 st Alt.)
Randolph Hansen
Roma Josephs
Douglas Pennell
Charles Hathaway
Howard Rosenkranz
1. Recommendation to City Council (Public Hearing) - QUASI -JUDICIAL HEARING
SPLA -11 -08 -000026 - Downtown at the Gardens Shared Parking
A request by Downtown at the Gardens Associates, LTD for approval of a shared parking
study and modification of a condition of approval related to site lighting. Downtown at the
Gardens is located at the southeast corner of Alternate A1A and Gardens Parkway and is
approximately 49 acres.
Project Manager: Kathryn DeWitt, Senior Planner, kdewitt@pbgfl.com
2. OLD BUSINESS
3. NEW BUSINESS
4. ADJOURNMENT
Planning, Zoning and Appeals Board
July 10 , 2012
2
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to
participate in this proceeding should contact the City Clerk’s Office, no later than five days prior to the proce eding, at telephone number (561)
799 -4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8770 (VOICE),
for assistance. If a person decides to appeal any decision made by the Planning, Zon ing and Appeals Board, Local Planning Agency, or Land
Development Regulations Commission, with respect to any matter considered at such meeting or hearing, they will need a record of the
proceedings; and for such, they may need to ensure that a verbatim re cord of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. Exact legal description and/or survey for the cases may be obtained from the f iles in the Growth
Management Department.
g:\p&z_share \administration \pzab agenda \p & z agenda 2012 \pzab 07.10.2012 \pzab agenda 07.10.2012 word format.docx
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 1
06 -12 -12
CITY OF PALM BEACH GARDENS 1
PLANNING, ZONING AND APPEALS BOARD 2
REGULAR MEETING 3
June 12 , 2012 4
I. CALL TO ORDER 5
T he regular me eting was called to order at 6:00 p.m. by Chair Panczak . 6
II. PLEDGE OF ALLEGIANCE 7
III. ROLL CALL 8
Members Present: 9
Chair Michael Panczak, Vic e Chair Randolph Hansen, Joy Hecht, Roma Josephs, Dou glas 10
Pennell, Charles Hathaway, Howard Rosenkran z. 11
Members Absent : None. 12
Also Present: City Attorney , Keith W. Davis ; Development Compliance & Zoning Manager, 13
Bahareh Wolfs ; Principal Planner, Richar d Marrero; Senior Planner, Kathryn DeWitt; Planner, 14
Tamashbeen Rahman. 15
IV. ADDITIONS, DELETIONS, MODIFICATIONS 16
None. 17
V. REPORT BY DEVELOPMENT COMPLIANCE & ZONING MANAGER, 18
BAHAREH WOLFS . 19
A written report was provided to the Board. 20
VI. APPROVAL OF MI NUTES April 10, 2012 Meeting Minutes. 21
Board Member Hansen made a motion to approve the minutes from the April 10, 2012 22
meeting . 23
Board Member Pennell seconded. 24
Motion passed 7 -0 . 25
VII. PUBLIC HEARINGS 26
Those preparing to give testimony were sworn in. 27
1. Recommendation to City Council (Public Hearing) - QUASI -JUDICIAL HEARING 28
MISC -12 -04 -000084 Gosman Parcel A request from Downtown at the Gardens Associates, LTD 29
and IMI Kyoto Gardens I LLC to extend the temporary parking use on the Gosman property for a 30
per iod of three (3) years. The Gosman property is located at the southeast corner of Kyoto Gardens 31
Drive and Alternate A1A within the Regional Center Development of Regional Impact (DRI). 32
Chair Panc z ak opened the public hearing. 33
Petitioner: Kevin Berman , Down town at the Gardens . 34
Staff Presentation: Senior Planner, Kathryn DeWitt . 35
Public comment: None. 36
Chair Panc z ak closed the public hearing. 37
Board Member Hansen made a motion to recommend denial of MISC -12 -04 -000084 . 38
Board Member Pennell seconded. 39
Motion to d eny failed 3 -4 with Chairman Panczak, Board Member Rosenkranz, Board 40
Member Hecht and Board Member Josephs voting nay . 41
Board Member Rosenkranz made a motion to approve and modify the duration of time from 42
three years to one and one -half years for item MIS C -12 -04 -000084 with one condition . 43
Board Member Hansen seconded. 44
Motion passed 4 -3 with Board Member Hansen, Board Member Hathaway and Board 45
Member Pennell voting nay. 46
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 2
06 -12 -12
2. Recommendation to City Council (Public Hearing) - QUASI -JUDICIAL HEARING 1
PUDA -12 -05 -000038: Midtown Planned Unit Development Amendment Mainstreet at 2
Midtown, LP and Palm Beach Community Church, Inc. are requesting to amend the approved 3
signage package for the Midtown Planned Unit Development (PUD). The amendments include the 4
addition of a new monument sign, addition of tenants to the existing monument signs, and a waiver 5
to allow a changeable copy sign within the interior of the PUD. 6
Chair Panczak opened the public hearing. 7
Petitioner: Ale s sandria Kaflin , Cotleur and Hearing . 8
Staff Prese ntation : None . 9
Public Comment: None. 10
Chair Panczak closed the public hearing. 11
Board Member Hansen made a motion to approve PUDA -12 -05 -000038. 12
Board Member Hecht seconded. 13
Motion passed 4 -3 with Chair Panczak, Board Member Pennell and Board Member 14
Rosenkran z voting nay . 15
3 . Recommendation to City Council (Public Hearing) - QUASI -JUDICIAL HEARING 16
PCDA -12 -04 -000014: Evergrene Planned Community Development (PCD) Amendment A 17
request by the Evergrene Master Association, Inc., for an ame ndment to the Evergrene P lanned 18
Community Development (PCD) to approve a waiver from Section 78 -316 (j), Minimum 19
Separation, for Parcels 1, 2, 6, 7, and 8. The Evergrene PCD is located at the southeast corner of 20
Donald Ross Road and North Military Trail. 21
Chair Panczak opened the public hearing. 22
Petitioner: Jennifer Morton , Land Design South . 23
Staff Presentaion: None. 24
Public comment: None. 25
Chair Panczak closed the public hearing . 26
Board Member Pennell made a motion to approve PCDA -12 -04 -000014. 27
Vice Chair Hansen seconded. 28
Motion pass ed 7 -0 . 29
VI I I. OLD BUSINESS 30
None. 31
I X. NEW BUSINESS 32
Board Member Hecht a nnounced her retirement and thanked everyone for the opportunity to 33
serve. 34
Development Compliance & Zoning Manager, Bahareh Wolfs a nnounced Director of 35
P lanning and Zoning , Natalie Cro wley will return next month. 36
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PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 3
06 -12 -12
X. ADJOURNMENT 1
Board Member Pennell made a motion to adjou r n the meeting. 2
Board Member Rosenkranz seconded. 3
Motion passed 7 -0. 4
Chair Panczak adjourned the meeting at 7:25 p.m . 5
The next regular meeting will be held on July 10 , 201 2 . 6
Approved: 7
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Michael Panczak, Chair 11
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Randolph Hansen, Vice Chair 15
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Roma Josephs 19
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Douglas Pennell 23
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Charles Hathaway 27
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Howard Rosenkranz 31
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Vacant 35
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ATTEST: 38
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____________________ 40
Donna L. Kramer 41
Municipal Services Coordinator 42
43
Note: these minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts 44
of the m eeting. 45
All reference attachments are on file in the Office of the City Clerk. 46
Note: all those preparing to give testimony were sworn in. 47
PLANNING, ZONING, AND APPEALS BOARD
July 10, 2012
Downtown at the Gardens Shared
Parking Study
.
SPLA -11 -08 -000026
Request
Approval of a shared parking study for DTAG
Change to the current mix of uses
Modification of conditions of approval related to
lighting
Location Map
Background
1995 – Amended FLU designation of the DTAG site
from RM to PO
2003 – DTAG site plan was approved with a shared
parking study
Several amendments approved modifying the mix of
uses and number of cinema seats on site
2009 – The shared parking study was replaced with
parking regulations from City Code
Shared Parking Study
The proposed study will…
Allow medical office square footage
Increased utilization of the parking garage
Approve a Mitigation Plan for the site
Shared Parking Study
What is a shared parking study?
Code regulations for parking evaluate uses individually
Ex.) Required parking for a school + Required parking for a church = Total
A study analyzes parking demands for the site as a whole
A study recognizes the complementary nature in which certain
uses operate
Ex.) Schools operate M -F and churches operate Sat. and Sun. Therefore,
they could share the parking spaces and have little overlap.
Shared Parking Study
DTAG is currently parking by City Code
Section 78 -345 allows the Applicant to utilize a
shared parking study
City is in agreement with the Applicant’s proposed
methodology
Waiver requested to use alternative methodology
Shared Parking Study
Methodology
Analysis of existing demand and vacant square footage
Existing demand – evaluates the demand generated by the existing
uses on the site
Vacant Square Footage – evaluates the number of parking spaces
required for the vacant / unoccupied square footage on the site
Existing Demand + Vacant Square Footage = Total
2,026 spaces + 313 spaces = 2,339 spaces
2,375 parking spaces exist on site
Mix of Uses
Proposing to modify the current mix of uses
a)8,590 SF of retail / restaurant converted to medical office
1,874 SF of professional office converted to medical office
b)Medical office can increase up to 27,558 SF
c)Increase in 2 nd floor offices will increase the utilization of the
parking garage
PROPOSED USES
Use Square Footage
Neighborhood Commercial 26,000
Retail, Restaurants 230,479
Cinema 68,087
Professional Office /
Medical Office
12,442
10,464 22,906
Total 347,472
Mitigation Plan
Created to ensure proper implementation of the
proposed study and overall parking operations on site
1.Monitoring
2.Failed Study Option #1
3.Valet Operations
4.Surety for Additional Parking
5.Failed Study Option #2
Mitigation Plan – Part 1
Monitoring
New study required every year for 5 years
First study will be submitted one year from date of approval
Study will be based on the same methodology
Allows the City to monitor the parking operations of the site
Mitigation Plan – Part 2
Failed Study Option #1
Failed study is one showing that number of parking spaces on
site is not sufficient to meet the demands of the shopping center
If a study fails, the Applicant can assess any unoccupied square
footage as a means to address the shortfall in parking
Similar to the way the shopping center currently operates
City would not issue building permits or C.O.’s for any vacant
areas
Mitigation Plan – Part 3
Valet Operations
Significant valet operations occurring on site
Numerous parking areas are blocked off
36 spaces at SW corner
42 spaces on W side
232 spaces in first floor of garage
160 spaces previously available on Gosman property
Requesting a 3 -year extension
If denied, 40 more spaces will be blocked off at SW corner
Most ideal parking areas are on the southern portion of the site
and 1 st and 3 rd floors of the garage
Mitigation Plan – Part 3
Valet Operations
Staff is not supportive of any increase to the amount of valet
areas on the site if Gosman extension is not approved
Staff is proposing restrictions as the amount of spaces that can
be reserved for valet and where the valet is located
No valet parking on the 1 st or 3 rd floors of the garage
Convenient access to tenants (Cheesecake, Dirty Martini, 51
Supper Club, Movie Theater)
This restriction will help improve utilization of the garage
The Applicant is not in agreement with these restrictions
Mitigation Plan – Part 4
Surety for Additional Parking
The Applicant is required to provide surety for cost of
additional parking spaces within 30 days of approval of the
petition
The number of additional parking spaces provided is the
amount needed for the site to be completely parked to code
Total Parking Required by Code = 2,471
Number of Existing Spaces = 2,375
Deficit = 96
Mitigation Plan – Part 5
Failed Study Option #2
If a study has been found to fail, the Applicant can provide
development plan showing a location(s) for the 96 additional
parking spaces
The Applicant has submitted plans showing these spaces to be
located as an addition to the existing parking garage
3 - story addition at the southeast corner of the garage
Will match colors, materials, style of existing garage
Proposed Garage Expansion
Mitigation Plan – Part 5
Failed Study Option #2
Parking is poorly distributed on the site
Staff recommends that any additional parking spaces be located
at the south end of the property
Adding parking to north end will exaggerate poor distribution
Applicant is not in agreement with staff’s recommendation
Existing lease restrictions
City is not privy to these leases
Mitigation Plan
Two remaining points of disagreement
Location of additional parking spaces
Applicant is proposing an expansion to the garage
Staff recommends providing additional spaces at the south end
Valet Operation
Applicant continues to consume prime parking spaces
Staff recommends limitation on the number of spaces blocked -off
Staff recommends prohibiting valet on 1 st and 3 rd floors of garage
These restrictions have been included as conditions of approval
Waiver
Code Section Requirement Proposal Waiver Staff Support
1 78 -346(a)(4),
Shared Parking
Amount of parking to be
provided based on code
criteria
Adopt a specific
methodology
Adopt a specific
methodology Approval
The Applicant is requesting one (1) waiver due to the
alternative methodology submitted for the shared
parking study
Modification to Conditions
Applicant is request to modify two (2) conditions of
approval related to lighting
Resolution 120, 2005
41 . “All lighting for parking lots and pedestrian walkways shall be metal halide ,
L .E .D . or equivalent, as approved by the Police Department .” (Police)
49 . “The lighting design for the two parking structures shall incorporate both
vertical and horizontal luminance ; provide lighting into the edges of parking
stalls and over parked vehicles ; provide vandalism resistant lighting fixtures ;
provide metal halide , L .E .D . or equivalent, as approved by the Police
Department ; provide lighting fixtures positioned to minimize glare ; and
provide lighting fixtures around the exterior of both structures .” (Police)
Will provide more flexibility as lighting technology changes
Recommendation
Staff recommends approval of petition
SPLA -11 -08 -000026 with the specified
conditions of approval
Conditions of Approval
2.Within 30 calendar days from the approval date of the subject petition, the Applicant shall submit
surety based on 110 percent of the total combined approved cost estimates and shall be posted with
the City. The form of surety shall be as required by the City Attorney. (Planning and Zoning, City
Engineer)
4.The Applicant, successors, or assigns shall provide to the City an annual parking study to determine
the actual peak season parking demand on the site for a period of five (5) years, beginning one (1) year
from the date of approval. The parking study shall be based on the methodology accepted by the City
set forth in the approved Parking Study and shall be reviewed and accepted within 30 calendar days
by the City’s Traffic Engineer. (Planning and Zoning)
5.In the event the annual parking study indicates the existing number of parking spaces on site to be an
insufficient amount, the Applicant shall meet with City Staff and provide a report to the City within
30 calendar days demonstrating a plan of mitigation.
9.No more than 310 parking spaces shall be designated and/or utilized as valet parking on the subject
site at any given time, unless approved in conjunction with a special event. As part of the 310 parking
spaces, no more than 36 parking spaces shall be designated and/or utilized as valet parking within the
southern portion of the site as defined in Exhibit “TBD”. (Planning and Zoning)
10.Valet parking is prohibited from being located on the first or third floor of the parking garage.
(Planning and Zoning)