TAB 15 - Town of Jupiter

Transcription

TOWN OF JUPITER
DATE:
October 12, 2015
TO:
Honorable Mayor and Members of Town Council
THRU:
Andrew D. Lukasik, Town Manager
FROM:
John Sickler, Director of Planning and Zoning
SUBJECT: MALTZ JUPITER THEATRE – Special Exception and Site Plan
applications for an expansion to the existing theater, on a 4.8± acre
property, located at 1001 E. Indiantown Road. (PZ# 15-169)
HEARING DATES:
PZ 09/08/15
TC 10/20/15 (quasi-judicial)
PZ #15-169 - Res #63-15
GW
EXECUTIVE SUMMARY:
Consideration of a special exception and site plan amendment for an expansion of the existing theater.
The Maltz Theatre is proposing to add a 31,524 square foot expansion, increasing the number of seats
from 617 to 640. The expansion will house additional classrooms for students, office space, studio and
rehearsal spaces, and a smaller flexible theater space with a seating capacity of 199 people, which is
restricted from being operated concurrently with the main theater (see Attachment A).
The conditions of approval regarding the underground utilities have been modified from the typical
language based on Town Council’s previous commitment to pay for half of the cost of undergrounding the
utilities. Based on an FPL estimate, the total cost of undergrounding the utilities would range from $50,000
to $75,000. In addition, the Town Council previously committed to pay for installing the decorative street
lights along Indiantown Road. Based on the recent cost of the decorative street lights, staff estimates that
the cost of installing the lights along the Maltz property would be approximately $65,000. Lastly, staff has
recommended that the applicant pay for half of the costs associated with installing the fiber optic conduit.
The total cost for installing the fiber optic conduit ranges from $8 per foot to dig a trench and install conduit
to $20 per foot for an underground directional bore. The final contribution amount will be based on an
engineer’s estimate of the undergrounding cost which is required to be submitted prior to building permits.
Staff is recommending that the undergrounding work, street light installation, and fiber optic conduit
installation be completed after the redesign of the section of Indiantown Road between US Highway 1 and
A1A.
Issues
The applicant has no issues.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
At their September 8, 2015 meeting, the Planning and Zoning Commission voted unanimously (7 to 0 vote)
to approve the above referenced project with no modifications.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution No. 63-15.
Strategic Priority:
Unique, Small Town Feel
Attachments:
Staff report and attachments
Resolution No. 63-15
TOWN OF JUPITER
TOWN MANAGER’S OFFICE
DATE:
October 12, 2015
TO:
Honorable Mayor and Members of Town Council
THRU:
Andrew D. Lukasik, Town Manager
FROM:
John Sickler, Director of Planning and Zoning
SUBJECT:
MALTZ JUPITER THEATRE – Special Exception and
Site Plan applications for an expansion to the existing
theater, on a 4.8± acre property, located at 1001 E.
Indiantown Road. (PZ# 15-169)
Resolution # 63-15
PZ 15-169
GW
Project name:
Owner/Applicant:
Agent:
Location:
Acreage:
Square footage:
Existing Use:
Proposed Use:
(breakdown by use):
Present land use designation:
Present zoning:
Request:
Meeting dates:
PZ
TC
Maltz Jupiter Theater
Maltz Jupiter Theatre, Inc. (Andrew Kato)
Cotleur & Hearing, Inc.
1001 E. Indiantown Road
4.8 +/- acres
32,036 SF of theater with 617 seats
63,560 SF of theater with 640 seats
Main Theater (+1,144 square feet, 4%)
Flex Theater (+3,249 square feet, 10%)
Classrooms (+4,610 square feet, 15%)
Office Space (+2,923 square feet, 9%)
Back of House (+19,598 square feet, 62%)
Commercial
IOZ, Parkway district with underlying C-2, Commercial
General
To add a 31,524 square foot expansion to the existing
theater, increasing the number of seats from 617 to
640, to redesign the parking lot to add parking spaces,
add new landscaping throughout the parking area and
along the building, construct a new building facade.
(see Attachment A)
Applicant Issues.
The applicant has no issues.
09/08/15
10/20/15 (quasi-judicial)
Maltz Jupiter Theater - Staff Report
Page 2
Staff Update.
Staff received an inquiry from a nearby homeowner regarding the condition of the lake on the
corner of Indiantown Road and A1A. The homeowner requests that the Maltz Theatre turn on
the aerator fountain. In addition, she requested that the lighting along Indiantown Road and A1A
be enhanced for safety (see Attachment E). The aeration fountain was not a required element
and there is no associated condition of approval for the fountain to be operated. Additionally,
staff has not included conditions for the lighting based on the recommendation that the Town be
responsible to installing the new lighting along Indiantown Road when the roadway section is
redesigned.
Planning and Zoning Commission.
At their September 8, 2015 meeting, the Planning and Zoning Commission voted unanimously
(7 to 0 vote) to approve the above mentioned project with no modifications.
Staff Recommendation.
The Department of Planning and Zoning has reviewed the above referenced application and
recommends approval, based on the conditions of approval outlined in Exhibit 1.
Project data.
Please find listed below pertinent site plan data and information in reference to the application.
The information is as follows:
Direction
Existing Land Uses
North
Multi-Family Residential
(Ocean Parks Condos)
South
Commercial (Office and
Vacant land)
East
West
Future Land Use/Zoning Districts
High Density Residential / Residential, Limited Multi-Family
(R3)
Commercial / Indiantown Road Overlay Zoning (IOZ)
Parkways district with underlying C-3 (Commercial, Office)
Zoning
Multi-Family Residential
High Density Residential / Residential, Limited Multi-Family
(Jupiter Dunes Condos)
(R3)
Commercial (Reynolds Plaza) Commercial / IOZ Parkways district with underlying C-2
(Commercial, General) Zoning
Site plan information.
Square footage of structure
Minimum lot area
Minimum lot width
Minimum lot depth
Maximum building height
Maximum lot coverage
Minimum green space
(IOZ) Parkway with underlying
C-2 zoning district
requirements
n/a
15,000 square feet
75.0 feet
150.0 feet
40.0 feet
35.0 percent
30.0 percent
Applicant’s proposal
63,560 square feet
209,651 square feet
469.0 feet
437.0 feet
40 feet*
16.3 percent
32.6 percent
Page 3
*With stage tower extending up to 64 feet, as allowed per Section 27-1117
Setbacks
(IOZ) Parkway with underlying
C-2 zoning district
requirements
Front
35.0 feet
Rear
30.0 feet
Side
10.0 feet
Side corner
35.0 feet
139.7 feet (South)
30.0 feet (North)
47.6 feet (West)
139.7 feet (East)
Parking space requirements
Minimum requirements
Theater seats (640 seats @ 1/3 seats)
213
242
Handicap parking spaces
7
7
Landscaping
Number of perimeter trees
Percentage of native plant material
Foundation planting
Minimum requirements
75
50%
2,689 square feet
75
50%
4,676 square feet
Signage.
Signage allowed per IOZ
Parkways District
1
136.8 square feet
Not to exceed 48 inches
1
154 square feet**
132 inches (11 feet)**
1
69.75 square feet
Not to exceed 48 inches
2
177 square feet***
93 inches***
2 (1 on Indiantown Road
and 1 on A1A)
77 square feet
14.7 square feet
10 feet with a decorative
feature at 12 feet****
Primary
Façade
sign
(received
variance)
Sign copy square footage
Sign height
Secondary Façade sign (75% of
allowable size per code)
Sign height
Monument Signs (conditioned in
Resolution #65-03)
Changeable copy square footage
Sign height
1
140 square feet
25 square feet
15 feet
**Received a Variance on April 13, 2004 for the larger sign than code allows.
***Condition of approval is included requiring the square footage and height of the sign to be reduced.
****Resolution #65-03 restricted signage to 8’ tall with a decorative feature extending to 10.5’ tall.
Traffic. (See Attachment B)
Satisfies PBC/Town of Jupiter TPS
Average daily trips
Stormwater management.
Satisfies Town of Jupiter requirements
Yes
39 ADT net increase from 1,055 to 1,094 trips (0 AM peak
hour increase & 2 PM peak hour increase).
Yes
Pedestrian amenities for new buildings
Benches
Pedestrian amenity
requirements
5
5
Page 4
Trash receptacles
Bicycle racks provided
3
5
3
5
Background/history.
The Maltz Theatre is proposing to add a 31,524 square foot expansion, increasing the number
of seats from 617 to 640. The expansion will house additional classrooms for students, office
space, studio and rehearsal spaces, and a smaller flexible theater space with a seating capacity
of 199 people (see Attachment A). The smaller flexible theater space is proposed to be used for
different types of programs which are not appropriate or conducive in the main theater. In
addition, it will be used at different times than the main theater, ensuring that parking is
available for guests.
The following chart outlines the approvals and history of the theatre.
Date
1979
1982
August 3, 1999
January 7, 2003
April 13, 2004
May 20, 2003
April 24, 2013
Approval information
Building permits were issued to construct the Burt Reynolds Dinner
Theater, consisting of a combination restaurant, theater, and lounge
with seating for 380 people.
Approval was granted to expand the number of seats to 450, consisting
of a mixture of "dinner and a show" seating and conventional theater
seating.
The Town Council approved a conversion of the theater into a religious
institution to be known as Christ’s Church of the Palm Beaches. The
approved site plan consisted of expanding the existing structure to
37,202 square feet. The church was never constructed on the site and
the site plan and special exception expired on August 3, 2001.
The Town Council approved renovations to the existing theater to
include the addition of a new porte-cochere, main entrance, backstage
entrance, and an addition on the first level in the northwest corner of the
building to be used as a founders lounge. The total addition included
7,036 additional square feet and increased the seating capacity to 598
seats. Resolution #138-02.
The Zoning Board of Adjustments approved a variance for the façade
sign on the south elevation. The variance allowed the sign to be 154
square feet and 11 feet tall.
The Town Council approved an amendment to the previously approved
expansion to allow the project to be constructed in two phases. Phase
one of construction was completed, including the installation of conduit
along Indiantown Road, but Phase two was never constructed.
Resolution #65-03.
Staff approved a small expansion to the existing theater, increasing to
617 seats. The expansion increased the theater by 3,108 square feet.
The affected area was limited to the existing building on the north-east
corner of the subject site.
Staff is proposing to replace and amend the conditions of approval in Resolution #65-03 related
to undergrounding utilities, cross access, and signage restrictions. The conditions within Exhibit
Page 5
1/Resolution #63-15 include the previous conditions with modifications and will replace the two
previous resolutions.
Analysis.
This section analyzes the land development regulations and notes the application’s inability or
ability to satisfy all applicable development provisions of the Town Code and Comprehensive
Land Use Plan (CLUP). The analysis is as follows:
Comprehensive Plan consistency. The proposed development is in conformance with the
Future Land Use Element of the Comprehensive plan.
Theatre Expansion. The existing theater is considered a special exception within the
Parkways district of the Indiantown Road Overlay Zoning District (IOZ) with underlying C-2,
General Commercial zoning. Pursuant to Section 24-197, projects that propose to expand by
more than 20 percent are not eligible for reduced development standards and are required to
meet the code and eliminate non-conformities. The proposed expansion is for an additional
31,524 square feet (totaling 63,560 square feet or a 97 percent expansion), which requires the
project to meet the code and eliminate non-conformities.
Landscaping. The proposed development is in conformance with the Town Code, Chapter 23,
entitled, “Landscaping”.
 Landscape median contributions – Pursuant to Section 23-67, properties with frontage
on Indiantown Road are required to provide monies to help maintain landscape medians.
During the theater expansion in 2003, staff recommended landscape median
contributions, which totaled $17,915.10 at the time; however, the Town Council voted to
remove the condition because there was no median in front of the property (see
Attachment C). Staff has not included a condition for landscape median contributions,
based upon the Town Council’s previous decision.
Underground Utilities. The proposed development will be in conformance with Section 27868(6), entitled “Underground Utilities” with the proposed conditions of approval. The previous
approval included conditions to underground the utilities. To date, the utility lines have not been
placed underground. Below is a chart which outlines Town Council’s prior commitments, and
recommended conditions within Exhibit 1.
Item (status)
Underground utility lines
(conduit installed, lines
not placed underground)
Town Council’s previous
commitments


Decorative Street Lights
(not installed)

Fiber optic conduit

Proposed conditions in Exhibit 1
Agreed to pay 100% of 
conduit installation cost
(paid full amount in 2004)
Agreed to pay 50% of
undergrounding cost

Agreed to pay 100% of 
installation after lines
placed underground
Did not exist at the time

Applicant pay for 50% of the
cost of undergrounding the
utility lines in the existing
conduit
Town will pay for 50% of costs
Town will pay for all costs of
installing
decorative street
lights along Indiantown Road
(no condition)
Applicant pay for 50% of the
cost of undergrounding the fiber
Page 6

optic conduit
Town will pay for 50% of costs
The subject property is unique in that it is located on a section of Indiantown Road which may
be redesigned in the near future. A workshop and conceptual plans are planned to be prepared
soon for the redesign of Indiantown Road between US Highway One and State Road A1A. The
final design of the roadway is to be determined in the future; however, the changes could
potentially affect the location of underground utilities, street lights, and even fiber optic conduit.
Because the final street design is unknown, staff suggests allowing the applicant to pay for half
of the estimated costs of installing the utilities and fiber optic conduit underground. When
Indiantown Road is ultimately redesigned, the Town can use the money to complete the
undergrounding work, install the fiber optic conduit, and install the decorative street lights.
Additional details regarding each staff recommendation are as follows:

Undergrounding Utilities – On May 20, 2003, the Town Council approved a site plan
amendment and a phasing plan for the previous building expansion. The approval included
conditions on undergrounding the utilities along Indiantown Road which was an issue for the
applicant. At the time, the cost associated with undergrounding was estimated at $131,000,
which was too much for the theater to fund. Staff suggested that the Town pay for the
conduit to be installed underground up front, which would allow the utilities to be placed
underground without disturbing the landscaping or sidewalk during phase two.
The Town Council voted to pay for half of the costs associated with the undergrounding of
utilities, including paying the full cost of installing the conduit necessary for undergrounding
(see Attachment D). The Town paid the theater $24,994.01 on October 28, 2004 to fund the
installation the conduit. The conduits were installed underground and the sidewalk and
landscaping were completed. Because phase two was never constructed, the utilities were
never placed within the conduit.
Since the subject application is a significant expansion, the property is required to meet all
code requirements, including undergrounding the utilities along Indiantown Road. Because
Indiantown Road may be redesigned in the future, staff is recommending a condition that
requires the applicant to pay for 50 percent of the undergrounding costs prior to the
issuance of a Certificate of Occupancy. The applicant has obtained a verbal quote from
Florida Power and Light for the cost associated with completing the undergrounding work
ranging from $50,000 to $75,000.

Decorative Street Lights – In addition to paying for the full cost of installing the conduit and
committing to pay for 50 percent of the undergrounding costs, the Town Council in 2003
also agreed to install the decorative street lights along Indiantown Road after the
undergrounding was complete. Staff has not included a condition regarding the decorative
street lights because of Town Council’s previous commitment. Based on a recent cost
estimate of the decorative street lights, staff has concluded that the Town’s cost of installing
the lights would be approximately $65,000.

Fiber Optic Conduit – The property is within Phase 3 of the Town’s proposed Broadband
Fiber Optic Network which includes the property frontage along both State Road A1A and
Indiantown Road. There is no code requirement yet adopted to require the installation of
conduit. Projects that are being developed or redeveloped, which are located in the
designated fiber optic loop, have been recommended to provide conduit for fiber optic
cables.
Similar to the recommendation for underground the utilities, staff has
Page 7
recommended a condition that the applicant pay for 50 percent of the cost of
installing the conduit for the Town’s fiber optic network. Staff has recommended 50
percent based on Town Council’s prior commitment to pay for 50 percent of the
undergrounding costs. The cost of installing fiber optic conduit varies from property to
property. If the conduit is installed by trenching within the grass strip of the right-of-way, the
cost will be approximately $8 per linear foot. The cost to install conduit by directional bore is
approximately $20 per foot. Because the costs can vary depending upon the property, the
final contribution amount will be based on an engineer’s design of the undergrounding cost.
Staff has included a condition that the applicant submit an estimate prior to building
permits to determine the final contribution amount. The estimated total cost is $10,000
to 25,000 for fiber conduit.
In addition, staff has included a condition requiring a 10 foot utility easement along
the State Road A1A frontage to allow the Town to install the fiber optic conduit in the
future. The condition also includes an option for the applicant to demonstrate that the
conduit could be installed within the existing right-of-way in lieu of dedicating an
easement. When the roadway is redesigned or the fiber is proposed to be installed, the
money can be used to fund the installation of the fiber optic conduit.
Traffic. The proposed development is in conformance with Palm Beach County’s and the
Town’s traffic performance standards.
 New Driveway connection – The applicant is proposing a new driveway on the northwest
corner of the property that connects the northern parking area to A1A in order to eliminate
the dead end parking area and to provide better circulation for the student drop off and pick
up. Because A1A is county owned, Staff has recommended that the applicant obtain
approval from Palm Beach County to construct the driveway, prior to the issuance of
permits. If approval cannot be obtained, the applicant is required to work with staff to
redesign the area.
 Cross Access – The previous approval in 2003 required the applicant to obtain a formal
cross access agreement from the entry driveway adjacent to Indiantown Road to Reynolds
Plaza to the west. A formal cross access agreement was never finalized. Staff is
recommending a condition of approval that the applicant provide the cross access
agreement from the driveway adjacent to Indiantown Road to the property line where
the shared driveway connects to Reynolds Plaza. It should be noted that Reynolds Plaza
will be required to provide a similar cross access easement upon any redevelopment.
Archaeological monitoring. The subject property is located in the Coastal Strand
archaeological potential zone. Pursuant to Section 27-1675.11(4)(c), the applicant is required to
address the potential impacts on any archeological resources. The Town’s archaeological
consultant, Advanced Archaeology, Inc., has reviewed the application and has recommended
intermittent archaeological monitoring during ground disturbing construction activities. Staff has
recommended a condition of approval requiring that the applicant to hire a qualified
archaeologist to conduct the intermittent archaeological monitoring during ground
disturbing construction. The applicant is then required to complete and submit to the
Town a report of the findings of the archaeological fieldwork. Pursuant to town code, the
cost of the Town’s archaeological consultant to review any archaeological reports submitted by
the applicant, are to be borne by the property owner.
Workforce Housing. Pursuant to Section 27-1675.38, all non-residential developments are
required to provide a linkage fee of $1.00 per square foot of additional square footage over
Page 8
10,000 square feet. The applicant is proposing a 31,524 square foot expansion. Therefore, staff
is recommending a condition of approval that the applicant pay $21,524 into the Town’s
Housing Trust Fund prior to the issuance of any development permits.
Signage. The proposed application is not in conformance with the Indiantown Road Overlay
Zoning (IOZ) Parkway District special sign regulations.
 Façade signs
o Primary façade sign (south elevation) – The existing wall sign received a variance
approval on April 13, 2004 to exceed the code requirements in both size and height. The
code allows a 112 square foot sign at a maximum of 4 feet in sign height. The existing
sign approved by the variance is 154 square feet and 11 feet in sign height. The
applicant is proposing to maintain the existing sign and place it back on the façade after
the architectural improvements are completed. Staff is supportive of maintaining the
existing sign.
o Secondary façade sign (east elevation) – The proposed secondary sign is 177 square
feet and 7.75 feet tall, which exceeds the size allowed within the Parkways district of the
Indiantown Road Overlay Zoning District. Pursuant to Section 27-871, Table 9, the
façade sign is allowed to be a maximum of 69.75 square feet and a maximum of 4 foot in
sign height. Staff has recommended a condition of approval that the secondary
facade sign be reduced to meet the code requirements.

Monument signs – Pursuant to Resolution #65-03, the applicant was allowed two monument
signs, one on Indiantown Road and one on A1A. The signs were capped at 105 square feet
with a 16 square foot changeable copy area. In addition, the height was capped at 8 feet,
with the allowance for a decorative feature to extend to 10.5 feet.
The applicant is requesting new monument signs with the proposed expansion. The
applicant is proposing two, 77 square foot monument signs with 14.7 square feet of
changeable copy area, which is less than the previously approved signage. However, the
applicant is also proposing to increase the height of the sign to 10 feet with the decorative
feature extending to 12 feet, which is taller than the previous approval allowed. Staff is
proposing to carry over the signage conditions from Resolution #65-03 and allow the
request to increase the height of the monument sign based on the following:
o Pursuant to Section 27-871, Table 9, the monument signs are allowed to be up to 15
feet in height based on the property’s large street frontage.
o The theater is on 4.8 acres and is setback 140 feet from Indiantown Road and A1A. The
large setbacks and landscape buffers along the roadways hide the building from plain
sight.
o The theater is the only use on the property which reduces the potential visual clutter of
multiple tenant names on the sign.
o The architectural style of the sign is consistent with proposed building.
Parking. The proposed development is in conformance with Section 27-1258 entitled,
“Standards for required off-street parking and loading spaces”. The proposed theater expansion
is increasing the number of seats from 617 to 640 parking spaces, requiring a total of 213
parking spaces. The applicant is redesigning the parking lot to increase the number of parking
spaces to 242, and enhancing the circulation by connecting the rows of parking, which is a
significant improvement to eliminate the dead end rows.
 Flexible Theater – The proposed expansion includes the addition of a flexible theater
space with seats for 199 people. Because the number of parking spaces for a theater is
calculated based on the number of seats, it is important to ensure the flexible theater
Page 9
and main theater are not being used at the same time. The applicant justifies that the
flexible theater space is used for a different type of performance and will not be used at
the same time as the main theater. In order to ensure compliance and reduce the
potential for parking issues, staff is recommending a condition that performances
are not allowed during the same time within the main theater and flexible theater
space, unless additional parking is provided. This would provide flexibility if events
are proposed to occur at the same and the applicant can secure the required parking on
nearby properties during such events. Such arrangements would need to be approved
by the Town.
Site plan criteria. Town Code, Section 27-96, contains minimum criteria for review of all
development application processed. Upon review of the 12 criteria in Section 27-96, staff finds
that the Owner has satisfied 11 of the 12 criteria.
2) Is the application consistent with all applicable land development regulations and
all other portions of the Jupiter Town Code.
Staff has recommended conditions of approval for the following code sections that will
ensure that the proposed development is in compliance.
 Section 27-868(6), entitled “Underground Utilities”
 Section 27-1258, Table 1, entitled “Standards for required off-street parking and loading
spaces”
 Section 27-1675.11(4)(c), entitled “Archaeological resources protection”
 Section 27-1675.38, entitled “Commercial and industrial development linkage fee”
 Section 27-871, Table 9, entitled “Parkway District Sign Standards Matrix”
Special exception criteria. Section 27-98 contains minimum criteria for review of special
exception applications. Upon review of the criteria in Section 27-98, staff finds that the applicant
has satisfied all of the minimum criteria.
(2) The proposed special exception use shall not have a detrimental impact on
surrounding properties based on:
a. The number of persons anticipated to be using, residing, or working on the
property as a result of the special exception use;
Staff comment: Staff has included a condition of approval regarding the proposed flexible
theater space to ensure it is not used at the same time as the main theater, unless
additional parking can be provided off-site. The condition has been recommended so that
the number of people using the theater does not create a parking issue. (see Parking
section above).
Attachments.
Attachment A – Statement of Use
Attachment B – Traffic Statement
Attachment C – TC minutes regarding median contributions
Attachment D – TC minutes regarding underground utilities
Attachment E – Email from Pat Stebbins
\\Datant\cdev\Staff\WP51\Signature - TC\Oct 20\Maltz Theatre (Garret)\PZ 15-169_Staff Report_TC.docx
Attachment A
Landscape Architects I Land Planners I Environmental Consultants
1934 Commerce Lane  Suite 1  Jupiter, Florida  33458  Ph 561.747.6336  Fax 561.747.1377  www.cotleurhearing.com  Lic # LC26000535
Maltz Jupiter Theatre
Site Plan Amendment and Special Exception Amendment
Justification Statement
Introduction
The Maltz Jupiter Theatre, Inc. (the ‘Applicant’) is requesting a site plan amendment and an expansion of
a previously approved special exception. Approval of this request would allow 31,524 expansion totaling
63,560 square feet. The expansion shall comprise majority of accessory uses such as the Conservatory
for Performing Arts (COPA), a sewing room, dance studio and the flex theatre with 640 seats. The site
has a Commercial future land use designation and is within the C-2 zoning district within the IOZ
(Parkway) overlay. The property is located north of Indiantown Road and south-west of A1A, in the
Town of Jupiter, Florida.
Application
Site Plan Review (14,999 to 49,999 SF)
Special Exception Amendment
PBC Traffic Review
Contact Information
Applicant
Maltz Jupiter Theatre, Inc.
Contact: Andrew Kato
1001 E Indiantown Road
Jupiter, FL 33477
$4,500.00
$2,000.00
$150.00
Agent/ Planner
Donaldson Hearing / Melissa Kostelia
Cotleur & Hearing
1934 Commerce Lane, Suite 1
Jupiter, Florida 33458
Office 561.747.6336 ext. 102/114
History
The subject site was originally approved via Resolution 138-02 and subsequently amended to allow
phasing in 2013 via Resolution 65-03. The original approval was for 598 seats and expanded to 617 seats
with an administrative approval in 2013.
The theatre is the state’s largest award-winning regional theatre and a true regional asset to the Town
of Jupiter community. The Maltz Jupiter Theatre is a not-for-profit, 501(c)(3) public charity and serves
over 100,000 people annually in the tri-county area.
Subject Request
The applicant is requesting a site plan review and expansion to a previously approved special exception
for a “Performance Theatre.” A theater is a special exception within the C-2 (General Commercial)
zoning district. Approval of this request would allow a 31,524 SF expansion totaling 63,560 square feet
or 640 seats, as shown below.
Jupiter Maltz Theatre
CH# 02-0206.02
DRC Amendment
June 8, 2015
Revised August 4, 2015
Basement (new)
First Floor
Second Floor
Third Floor
Total
Seats
APPROVED
PROPOSED
DIFFERENCE
24,571 SF
6,977 SF
488 SF
32,036 SF
3,113
30,569
16,441
13,437
63,560
+3,113
+5,998
+9,464
+12,949
+31,524
617
640
+23 Seats
Building Expansion
The majority of the expansion areas shall comprise of accessory uses to enhance the existing structure
and provide more amenities to the existing theatre. The basement area encompasses complementary
uses for the orchestra, such as a changing room, restrooms and the orchestra pit. The first floor
expansion includes a flex theatre (totaling 199 seats), expanded stage and the Conservatory for
Performing Arts (COPA) lobby. The new costume shop (sewing room) is located on the second floor. The
Jupiter Maltz Theatre sews 90% of the costumes for their productions; this proposed area shall add a lot
of value to the existing theater. The third floor is the COPA (or educational acting space for children)
and consists of a dance studio, flex room, offices, acting rooms, miscellaneous studios and rehearsal
spaces. It is important to note, performances will not run in both the main theatre and the flex theatre
at the same time. Please see the attached letter from the Maltz Jupiter Theatre detailing the existing and
future operations of the theatre, including the flex theatre, cross access, visitors and employees.
Architecture
The previous dinner theatre was designed as a “modified fly” stage and was not designed to meet
theatre standards. The added massing and height of the expansion will allow full floor-to-ceiling scenery
and backdrop equal to Broadway show standards.
The south-west corner of the building has been redesigned to incorporate acrylic glazing to simulate
frosted glass. The acrylic glazing shall appear milky white during the day and transparent at night. The
glazing is angled and recessed to reduce glare similar to 1950’s store fronts. The purpose of this
architectural feature is to showcase the first floor green room, the costume shop and rehearsal space of
the COPA. Architectural aluminum details suggest Hollywood sky-beam lights to add modern touch.
The port-cohere has been designed to replace the existing awning and a new entrance was added for
the COPA on the east side of the building. Both of these entrances incorporate score lines to match the
acrylic glazing detail.
Setbacks
The front setback along State Road AIA is required to have a minimum of 50’ setback. The proposed
expansion is 92’ measured from the front property line. The front setback is appropriately screened and
landscaped by the way of an existing landscape buffer.
The side setback, adjacent to a residential community, is an existing condition of 30’ from the property
line. The LDRs require a minimum a 10’ setback. The side setback is appropriately screened by the way
of an existing landscape and a 6’ concrete wall.
2
CH# 02-0206.02
DRC Amendment
June 8, 2015
Parking, Loading and Access
The applicant is proposing a new right in- right out ingress/egress from A1A. The entrance shall maintain
the 15’ landscape buffer along the north property line, primarily serve the COPA students and aid the
overall circulation of the site.
The loading area has been redesigned and relocated due to the expansion area. The theatre is planning
on a few “Pre-Broadway” shows a year. In order to bring in the props and staging materials, the site has
been designed to have an easily accessible loading area to accommodate a large truck and/or semi.
The theatre parks at one per three seats. The applicant is proposing a total of 640 seats, resulting in 213
required parking spaces. The existing site plan has 224 parking spaces, which is more than enough to
accommodate the additional 23 seats; however there are several dead-end rows of parking and more
than ten (10) parking spaces in a row without a parking island. Since the proposed expansion request is
greater than 20 percent, the site does not qualify for Section 24-197, Incentives for Redevelopment. The
applicant is required to bring the entire site up to current code.
The site plan has been redesigned to eliminate all dead-end parking and add an additional 18 parking
spaces, totaling 242 spaces.
The existing parking lot, located out of the affected area, shall remain and utilize the disbursement of
shade code provision.
Greenspace and Lot Coverage
According to Chapter 27, Article VI, Division 7, Section 27-554, Area and dimension regulations: the
minimum greenspace is 30 percent. The proposed greenspace is 32 percent. The maximum amount of
lot coverage is 35 percent; the actual lot coverage is 16 percent.
Landscape
The subject site currently consists of existing landscape buffers on all sides. The majority of the existing
landscape buffers shall remain as it is today. However, the since the parking lot has been redesigned the
majority of the existing landscape in the parking lot will have to be removed or relocated.
There are a total of seven coconut palms within the east buffer within area of the new entrance drive,
all seven coconuts will be relocated and tucked within the eastern buffer along A-1-A.
The north 15’ wide landscape buffer is adjacent to an existing multifamily residential community. The
buffer comprises of an existing 6’ wall along with a dense buffer of seagrape that line the wall on both
sides. Areca palms and shade trees are sprinkled within the north buffer. This buffer has been enhanced
to include japanese blueberry trees which will provide additional coverage for the residential
community and meet the north buffer code requirements.
The west and south buffers will remain and are not within the affected area.
3
CH# 02-0206.02
DRC Amendment
June 8, 2015
Foundation Planting
The foundation planting for the expanded Maltz Theatre plays off of the specialized architecture and
materials, to enhance the aesthetics to its fullest potential. The south elevation planting allows for a
grand entry with three medjool date palms and skirts of bougainvillea. The landscape has been
deliberately design to mimic patterns within the planting beds which respond directly from the
architectural elements, as shown on the South Elevation Detail, sheet 2 of 2 of the Landscape Plans. The
remaining elevations include a rhythmic dance of palms at a variety of heights to allow for movement
and the softening of the outer walls and to provide scale to the building. It is important to note, the
north elevation (adjacent to the residential district) was carefully designed, heavily planted and was not
treated as the “back of house” area in any way.
Mechanical Equipment
The majority of the mechanical requirement onsite has been relocated to be on the roof, hidden by a
proposed parapet.
Signage
The applicant is proposing to “relocate” the existing wall signage unto the proposed architecture. The
theatre is in the process of possibly rebranding, therefore the final sign copy and square footages shall
be provided under separate cover. However, the architect has schematically shown the signage on the
illustrative graphics.
The proposed monument signs require an amendment to the existing condition of approval. Per
Resolution-65-03, Condition F, Indiantown Road and State Road A-1-A monument signs are limited to
105 SF with 16 SF changeable copy, a maximum of 8’ height with a decorative feature extending 10.5’
height. The applicant is proposing monument signs less than the maximum square footage; however the
height is proposed at 12’.
Undergrounding of Overhead Lines
Around 2003-2004 conduit was installed along Indiantown Road for the purposes of undergrounding
overhead lines. Town of Jupiter staff has indicated that applicant should underground these lines with
this application. The project’s budget has increased due to the redesign of the parking lot and now
requires demolition of the existing parking lot, new lighting, drainage and landscaping. The applicant is
requesting some relief from this requirement.
Conclusion
The applicant, Maltz Jupiter Theater, is excited to move forward with their much sought out theater
expansion. The success of the theater has been in direct relation from the support of the Town of
Jupiter. If you should have any questions please do not hesitate to contact the agent Melissa Kostelia,
directly at 561.747.6336 x 114.
4
CH# 02-0206.02
DRC Amendment
June 8, 2015
Section 27-98 Criteria for Special Exceptions
(a)
A special exception use shall not be approved unless all of the following criteria are met:
1) The proposed special exception use shall be compatible with the character and use (existing
and future) of the surrounding property in its function; hours of operation; type and amount
of traffic to be generated; building location, mass, height and setback; and other relevant
factors peculiar to the proposed special exception use and the surrounding property.
RESPONSE: The proposed Special Exception Use – Theatre, architectural design, and landscape design
are compatible with the surrounding high density residential (north), surrounding commercial uses and
complimentary to the surrounding entertainment district. The proposed increase in seats is nominal and
the proposed expansion areas are complementary use that shall create minimal impact on surrounding
uses. All Town Codes for land development regulation are being strictly adhered to as part of this
petition.
2)
The proposed special exception use shall not have a detrimental impact on surrounding
properties based on:
a. The number of persons anticipated to be using, residing, or working on the property as a
result of the special exception use;
RESPONSE: The expansion areas increase the seats by only 23 seats and complementary uses to the day
activity.
b. The degree of noise, odor or other potential nuisance factors generated by the special
exception use; and
RESPONSE: The proposed Special Exception Use – Theatre is expected to generate little nuisance. In
addition, careful attention has been considered when designing along the north property line (the
residentially zoned district).
c. The effect on the amount and flow of traffic within the vicinity of the proposed special
exception use.
RESPONSE: A traffic analysis shall verify that the proposed Special Exception Use- Theatre does not
adversely affect the existing traffic conditions on Indiantown Road and A-1-A. The project meets PBC
Traffic concurrency (Traffic Performance Standards).
Section 27-96. - Criteria for site plan review
(a)
The criteria listed below shall apply to all site plan applications, including small-scale
developments, large-scale developments, planned unit developments, developments of
regional impact, and modifications of existing approved development orders.
(1) The proposed development is consistent with the goals, objectives and policies of the Town
of Jupiter Comprehensive Plan.
RESPONSE: The project is consistent with the Town’s Comprehensive plan. The proposed development
is consistent with the infill and redevelopment goals and policies of the plan. Additionally the project
meets all of the LOS requirements of the plan and is being developed where services are readily
available to the site.
5
CH# 02-0206.02
DRC Amendment
June 8, 2015
(2) The proposed development is consistent with any applicable, countywide land development
regulations.
RESPONSE: The project is consistent with all the applicable countywide land development regulations
and will abide by any other permitting or licensing regulations by the county. The proposed entitlement
has been analyzed through the Palm Beach County traffic performance calculations and meets the
criteria as discussed in the traffic report included herein.
(3) The proposed development is consistent with all applicable land development regulations
and all other portions of this Code.
RESPONSE: The project is consistent with all sections of the zoning code with the exception to the
dumpster setback. All lot dimensions have been met, as well as open space, lot coverage, building
height, density, sidewalks, landscape and parking requirements.
(4) The proposed development is compatible and/or consistent with the established or proposed
character of a neighborhood or area.
RESPONSE: The proposed theatre, architectural design, and landscape design are compatible with the
surrounding high density residential (north), surrounding commercial uses and complimentary to the
surrounding entertainment district. The proposed increase in seats is nominal and the proposed
expansion areas are complementary use that shall create minimal impact on surrounding uses. All Town
Codes for land development regulation are being strictly adhered to as part of this petition.
(5) The proposed development does not create or excessively increase traffic congestion or
otherwise affect public safety.
RESPONSE: The proposed PUD will not excessively increase traffic or adversely affect public safety. The
site is located on a main arterial roadway that has been planned for mass vehicular trips. Multiple
sidewalks and crosswalks have been provided for pedestrians.
(6) There are adequate levels of service for public facilities, including, but not limited to,
transportation, water supply, drainage and sanitation, available concurrent with the impacts
of the development proposed by the application.
RESPONSE: There are adequate levels of service for transportation, water, drainage and sanitation in
the immediate vicinity from the County, the Town, and Loxahatchee River District.
(7) The proposed development does not significantly reduce light and air to adjacent properties.
RESPONSE: The commercial property shall comply with all photometric regulations at the time of the
final plans submittal, prior to the issuance of the permit for lighting. All the buffers adjacent to the
residentially zoned property have been significantly landscaped to ensure spillage does not occur.
(8) The proposed development does not adversely affect property values in adjacent areas.
RESPONSE: The development of this site will provide value to the surrounding residential community by
providing a first class theatre within in walking distance.
(9) The proposed development would not be a deterrent to the improvement or development of
adjacent property in accord with existing regulations.
6
CH# 02-0206.02
DRC Amendment
June 8, 2015
RESPONSE: The proposed development will not deter, rather incentivize redevelopment of the adjacent
properties.
(10) The proposed development does not create noise or visual pollution.
RESPONSE: The applicant is not proposing a use that will create noise or visual pollution. The uses are
residential and commercial in nature and will abide by all the Town’s code regulations.
(11) The proposed development does not negatively impact adjacent natural systems or public
facilities, such as parks.
RESPONSE: No environmentally sensitive land, preservers, lakes or public parks are located on the
subject site or within close proximity of the subject site.
(12) The proposed development provides pedestrian amenities, including, but not limited to,
benches, trash receptacles, and/or bicycle parking.
RESPONSE: The plan has been proposed with all of the required pedestrian amenities including
benches, trash receptacles and bicycle racks.
7
Attachment B
June 5, 2015
Mr. Dave Harris
General Manager
Maltz Jupiter Theatre, Inc.
1001 East Indiantown Road
Jupiter, Road 33477
Re:
Maltz Jupiter Theater
Jupiter, Florida
Dear Mr. Harris:
Kimley-Horn was retained to provide a traffic concurrency evaluation for the above-mentioned site.
The site is located on the northwest corner of Indiantown Road & Ocean Boulevard (SR A1A) in
Jupiter, Florida. The PCN for the site is 30-43-41-05-00-002-0022. Figure 1 shows the site location.
The existing site contains a 617-seat theater. It is proposed to add a 23 seats to the theater, for a
total of 640. This analysis evaluates the net traffic-related impacts of the proposed expansion. The
analysis was prepared to address the requirements of the Palm Beach County Traffic Performance
Standards (TPS) Ordinance.
Trip Generation Analysis
A trip generation analysis was undertaken to evaluate the trips associated with the existing and
proposed uses. Since Palm Beach County does not publish trip generation rates for live theaters, and
since ITE only provides limited data for live theaters, the Palm Beach County rates for Movie Theater
were used. As shown in Table 1, the proposed development results in a net increase of 39 net new
daily trips and 2 PM peak hour trips (2 in, 0 out). Per the Palm Beach County Traffic Performance
Standards (TPS) Ordinance, the radius of development includes only the directly accessed links.
Traffic Assignment
The AM and PM peak hour trips associated with the project were assigned to the surrounding
roadways. Figure 2 illustrates the project traffic assignment.
Test 1 Significance Analysis
Per Article 12 – Traffic Performance Standards of the Unified Land Development Code, the links on
which the project traffic is greater than 1% of the level of service (LOS) D generalized service volume
are considered to be significantly impacted. As shown in Table 2, none of the roadway links are
projected to be significantly impacted. Therefore, no further roadway or intersection capacity analyses
are required.
Event Trip Generation Analysis
A trip generation analysis was undertaken to evaluate the trips associated with a sold out production.
In order to best calculate the traffic associated with this scenario the ITE trip generation rate for Movie
Theater with Matinee was used to determine the Saturday peak hour of generator. As shown in Table
3, the event traffic results in 294 peak hour trips (165 in, 129 out). For informational purposes, the
peak driveway volumes are shown in Figure 3. However, it should be noted that these volumes will
occur infrequently and often at times of day that do not correspond with peak hours of adjacent street
traffic; therefore no additional turn lanes are recommended.
kimley-horn.com
1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411
561 845 0665
Page 2
Driveway Evaluation
The site is currently accessed by one full access driveway on Indiantown Road and one full access
driveway on SR A1A. It is proposed to construct a right-in/right-out driveway on SR A1A, north of the
existing driveway. The proposed trips associated with the site were assigned to the driveways as
shown in Figure 3. The project driveway volumes were compared against the Palm Beach County
thresholds to determine the turn lane requirements of the driveways. The Palm Beach County Design
Standards Manual contains a threshold for providing a right-turn lane when inbound peak hour rightturning traffic is 75 vehicles or more and the street average daily traffic volume exceeds 10,000
vehicles per day. This manual also contains a threshold for providing a left-turn lane when inbound
peak hour left-turning traffic is greater than 30 vehicles. Based on the analysis undertaken, the left
turning volume entering the site from Indiantown Road is expected to exceed 30 vehicles in the peak
hour. However, the inside lanes of Indiantown Road serve as de-facto left-turn lanes on this segment
of Indiantown Road; no turn lanes are provided for other driveways. Furthermore, the proposed
addition will only add one peak hour left turn at this location. Therefore, it is not recommended to add
a left-turn lane at this location.
Flexible Seating Area
It is proposed to include a flexible seating area of 199 seats. The Maltz Theater has issued a letter
stating the following:
“The proposed project would add a small number (23) seats to the main theatre auditorium, making
the current parking density still in compliance with regulations. The second performance space
proposed by the project would provide for a maximum capacity of 199 attendees. It is not intended to
run performances in both the main and second spaces at the same time. The purpose of the second
space is to provide different types of programming not permitted in the main theatre auditorium, with
such programming largely taking place when the main theatre is “dark” or not being otherwise used.
This allows the Maltz Jupiter Theatre to be fully utilized during the busiest times of the year, offering a
full range of programming to our community. Accordingly, the project does not propose to increase
the amount of parking for second performance space attendees, minimizing the impact to the site.”
Therefore, because the flexible seating area will not be in use at the same time as the main theater,
no additional peak hour traffic will be generated by the flexible seating area.
kimley-horn.com
561 845 0665
Page 3
Conclusion
The foregoing analysis demonstrates that the proposed development on the site will meet the
requirements of the Palm Beach County TPS Ordinance. No additional turn lanes are recommended
to accommodate site traffic.
We appreciate this opportunity to work with you on this project. Should you have any questions
regarding this analysis please contact me via telephone at (561) 840-0874 or via email at
adam.kerr@kimley-horn.com.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Adam B. Kerr, P.E.
Transportation Engineer
Florida Registration
Number 64773
Certificate of Authorization
Number CA00000696
Attachments
k:\wpb_tpto\1444\144467003 - maltz theater\2015-05-28_trafficstatement.docx
kimley-horn.com
561 845 0665
Kimley»>Horn
Page 3
Conclusion
The foregoing analysis demonstrates that the proposed development on the site will meet the
requirements of the Palm Beach County TPS Ordinance. No additional turn lanes are recommended
to accommodate site traffic.
Attachments
k:\wpb_ tpto\ 1444\ 144467003 - maltz theater\2015-05-28_trafficstatement. docx
'
kim ley-horn.com
561 845 0665
PROJECT SITE
INDIANTOWN ROAD
LEGEND
SITE
FIGURE 1
SITE LOCATION
MALTZ JUPITER THEATRE
TABLE 1
TRIP GENERATION COMPARISON
MALTZ THEATER
AM PEAK HOUR
DAILY
INTENSITY
TRIPS
TOTAL
IN
OUT
LAND USE
Existing Development
Theater
617 seats
PM PEAK HOUR
IN
OUT
1,111
0
0
0
89
53
36
56
0
0
0
4
3
1
Driveway Volumes
1,111
0
0
0
89
53
36
Net New External Trips
1,055
0
0
0
85
50
35
1,152
0
0
0
92
55
37
58
0
0
0
5
3
2
1,152
0
0
0
92
55
37
1,094
39
0
0
0
0
0
0
87
2
52
2
35
0
Pass-By
Theater
5%
Proposed Development
Theater
640 seats
Pass-By
Theater
5%
Driveway Volumes
Trip Differential (Proposed - Existing)
Daily Trips
Theater
AM Peak Hour
Theater
PM Peak Hour
Theater
Pass-By
Theater
TOTAL
[PBC]
=
1.8 trips / seat
[PBC]
=
0 trips
[PBC]
=
0.144 trips / seat (60% in, 40% out)
[PBC]
=
5%
INDIANTOWN ROAD
5%
85%
LEGEND
SITE
XX%
PERCENT ASSIGNMENT
FIGURE 2
TRAFFIC ASSIGNMENT
SR A1A
Indiantown Road
Project Driveway
SR A1A
Project Driveway
Indiantown Road
US 1
Project Driveway
US 1
Project Driveway
ROADWAY SEGMENT
2L
2L
4L
4L
COMMITED
NUMBER
OF
LANES
Class I
Class I
Class I
Class I
FACILITY TYPE
880
880
1,860
1,860
5%
5%
85%
5%
o
i
i
o
0
0
0
0
0
0
0
0
TABLE 2
TEST 1 SIGNIFICANCE ANALYSIS
MALTZ THEATER
LOS D
GEN. SVC.
% ASSIGN- NB/EB
TRIPS
MENT
IN/OUT?
VOLUME
NB/EB
SB/WB
0.00%
0.00%
0.00%
0.00%
No
No
No
No
0.00%
0.00%
0.00%
0.00%
No
No
No
No
PROJECT TRIPS
AM PEAK HOUR
% IMPACT
NB/EB
Sig?
SB/WB
Sig?
0
0
2
0
0
0
0
0
TRIPS
NB/EB
SB/WB
0.00%
0.00%
0.11%
0.00%
No
No
No
No
0.00%
0.00%
0.00%
0.00%
PM PEAK HOUR
% IMPACT
Sig?
SB/WB
NB/EB
No
No
No
No
Sig?
20
95
6 0 (2)
111 0 (31)
1,037
9 0 (3)
INDIANTOWN ROAD
140 0 (47)
LEGEND
SITE
XX PEAK DRIVEWAY VOLUMES
XX INBOUND AM VOLUME
(XX) INBOUND PM VOLUME
XX OUTBOUND AM VOLUME
(XX) OUTBOUND PM VOLUME
DAILY VOLUMES
XXX
FIGURE 3
DRIVEWAY VOLUMES
TABLE 3
TRIP GENERATION COMPARISON
MALTZ THEATER
LAND USE
Proposed Development
Movie Theater with Matinee
Saturday Peak Hour of Generator
Theater
SATURDAY PEAK OF GENERATOR
TOTAL
IN
OUT
INTENSITY
640 seats
[ITE 444]
=
294
165
129
294
165
129
0.46 trips / seat (56% in, 44% out)
Attachment C
TIC MINUTES - Page 9
January 7. 2003
REGULAR AGENDA
PUBLIC HEARINGS
8.
Resolution 138-02, Jupiter Theater (Council comments)
Mr. Baird suggested Council could approve the site plan with a condition that the landmark
feature and the undergrounding issues come back to Council with a Staff recommendation,
after Staff and the Theater representatives had time to reach a solution on the issue. He
suggested the language in Paragraph 6 be amended.
Mayor Golonka indicated Paragraph 6 would need to be modified to reflect Mr. Baird's
comments. Consensus of Council agreed. She indicated she could not support the Town
contributing any more money to enhance the landmark feature around the pond. ViceMayor Henderson and Councilor Daniels agreed.
Mr. Bartolotta suggested inserting a 120 day time limit in paragraph 6. Consensus of
Council agreed. Mayor Golonka summarized Council's comments: 1) the condition
regarding handicap parking spaces be modified to indicate that valet parking will meet the
special needs guests as a means to accommodate the handicap parking; 2) Council would
not require the interconnection of the eastern parking lots due to the applicant providing a
turn around; 3) Delete the requirement regarding the median, due to there not being a
median at that location; 4) Delete the requirement for the additional coconut palms; 5)
modifying condition 8b reducing the size of the triangle easement to 115 feet; and 6) revise
plan dates in the resolution to match Council approved plans.
Councilor Kozinski moved to approve Resolution 138-02, with changes and modifications
as discussed by Council; seconded by Vice-Mayor Henderson; motion passed.
Golonka
Yes
Henderson
Yes
Daniels
Yes
Kozinski
Yes
Kuretski
Yes
Mayor Golonka recessed the meeting at 9:50 P.M. and reconvened the meeting at 9:55
P.M.
9.
Resolution 158-02, Pebworth Properties - Site plan and special exception
applications for the construction of a commercial shopping center greater than
20,000 sq. ft. and for a restaurant on a 3.3 acre property known as Pebworth
Properties. Located on the south side of Indiantown Road between Hepburn and
Orange Avenues at 250 West Indiantown Road. Quasi-judicial
Ex-parte Communications:
• Councilor Daniels mentioned he had met with Mr. Steinhauer about a month ago to
review proposed plans.
• Vice-Mayor Henderson mentioned she had met with Mr. Steinhauer previously
regarding the site plans.
• Councilor Kozinski stated she had met previously with Mr. Steinhauer on the
project.
• Councilor Kuretski had no disclosures on this matter.
• Mayor Golonka had no disclosures on this matter
Attachment D
TIC MINUTES- Page 6
MAY 20, 2003
ITEMS REMOVED FROM CONSENT AGENDA TO REGULAR AGENDA
PUBLIC HEARINGS
3. Ordinance 21-03, Second Reading, Ritz-Carlton, PUD Mr. Stephanie Thoburn, Staff Principal Planner noted a inconsistency on condition 31 (b) on
Page AA. She explained 4 foot was incorrect and should be consistent with the waiver at 4.8".
Councilor Daniels moved to amend his motion to approve Ordinance 21-03, adding 4.8" to the
condition; seconded by Councilor Kozinski; motion passed.
Title read by Vice-Mayor Kuretski.
Kuretski
Yes
Henderson
Abstain
Daniels
Yes
Kozinski
Yes
END OF ITEMS REMOVED FROM CONSENT AGENDA TO REGULAR AGENDA
REGULAR AGENDA
PUBLIC HEARINGS
9.1 Resolution 65-03, Jupiter Theater - Site plan amendment application to allow for
phasing of the renovations approved for the Jupiter Theater, and to determine the
applicant's contribution for undergrounding the utilities. Located on 5.0± acres, at the
northwest corner of Indiantown Road and State Road A 1A. Quasi-judicial
Ex-parte Communications • Councilor Kozinski advised she had spoken within the last month with Mr. Price and
Mr. Katz regarding the application.
• Vice-Mayor Kuretski, Councilor Henderson, Councilor Daniels had no disclosures
at this time.
The Deputy Town Clerk swore in ten people.
Ms. Stephanie Thoburn, Staff Principal Planner, stated Staff recommended approval of
applicants' request to modify Resolution 65-03 to allow phasing of the approved renovations
to the Theater and to determine the applicant's contribution to the undergrounding of the
utilities. [14 minutes remaining]
Mr. Donaldson Hearing, of Cotleur and Hearing, and representing the applicant explained the
Theater needed to defer the fac;ade improvements to enable the Theater to open, as
fundraising was not as strong as hoped. He made a presentation which showed the
powerlines and the 140' triangle easement for the landmark feature, as well as the pedestrian
access easement and additional right of way along Alternate A 1A, and the 30' pedestrian
access and landscape easement along Indiantown Road. He noted these components of the
site plan would be completed, and construction would be started when Staff advised as to the
design cross-section of A 1A.
MAY 20, 2003
REGULAR AGENDA
PUBLIC HEARINGS
9.1 Resolution 65-03, Jupiter Theater Mr. Hearing listed the components which the applicant wanted to defer were fa9ade
changes, foundation landscaping, and utilitarian improvements to the rear of the building. He
listed the following would occur in phase one: parking lot renovation including landscaping,
the northern buffer wall and parking lot lighting. He stated the current status was that
demolition had commenced, exotic vegetation was removed and parking lot and audience
chambers renovations were commencing. He noted the Theater was probably not going to
receive a $500,000 grant from the Florida legislature this year; the Theater was doing $2.5
million in renovations in phase one and the project was $5 million short in total.
He agreed with Staff's recommendation for the Town to fund the power conduit, deferring the
power lines to a later date, but disagreed with the recommendation requiring phase two
completion within 24 months. He also noted the Theater could not post a surety bond, and
that the Theater would do extensive landscaping but not foundation landscaping which would
be removed during phase two. [5 ~minutes remaining]
(Council questions)
Councilor Henderson requested clarification on the opening date.
Mr. Todd Price, Theater Director, stated it was January 2004. She requested the timetable
for phase two, and Mr. Hearing advised the goal was three years after completing phase one,
but it was dependent upon fund-raising. Mr. Bartolotta emphasized the resolution included a
two year time frame for completion; the applicant was requesting an open-ended time frame.
Councilor Henderson felt the two-year limit helped fund raising efforts by creating a sense of
urgency, and supported it, with the understanding the Theater could request an extension.
She did not support the bond requirement.
Councilor Daniels questioned who would pay for the streetlights when the power lines were
undergrounded, and what type of lighting would be needed. Mr. Schattner, Director of
Engineering, advised one light would be required; cost was $1,000 - $3,000. Mr. Bartolotta
noted the Staff recommendation was the Town bearthe $25,000 cost forthe conduit, with the
Theater burying it in phase two; their commitment being guaranteed with a bond. Councilor
Daniels felt the Town should budget for ornamental streetlights and control the style.
Vice-Mayor Kuretski questioned and received Applicant/Staff clarifications that phase two
construction would take nine months, that undergrounding by Adelphia would cost $36,000,
and that FPL would not bury without the other utilities removing their lines first.
Councilor Kozinski clarified the water service agreement requirement was due to increased
water consumption.
MAY 20, 2003
REGULAR AGENDA
PUBLIC HEARINGS
9.1 Resolution 65-03, Jupiter Theater (Public comments)
Mr. Richard Katz of Spyglass Lane in Jupiter and Jupiter Theater Board of Directors member
stated the Theater needed to go forward and requested the permitting as soon as possible.
(Council comments)
Councilor Daniels commented that he did not see a need for a 140' landmark easement, as
he thought the consensus of Council was the fa9ade was the landmark, and Mr. Bartolotta
agreed, but noted the easement was in return for the Town maintaining the landscaping.
Councilor Daniels supported no bond, and leaving the time requirement, particularly since he
was receiving citizen comments on the site being currently unattractive.
Vice-Mayor Kuretski noted that six months ago, the Town made a $200,000.00 commitment
to the Theater with the sidewalk, water and maintenance from current and future tax
collections. He expressed a concern with supporting further commitment of public funds
without knowing the impact on ad valorem tax rate. He supported the time limit and had
reservations on leaving the undergrounding issue open-ended. Mr. Hearing clarified the
Theater did not have the money to do the undergrounding.
Councilor Kozinski complimented the Theater on the job they have been doing, and stated
the Theater needed assistance from the town. She felt a charitable organization should not
have to pay for undergrounding; the Town should pay as the corner and undergrounding was
so important to the Town. She agreed with the two-year concept, but wanted language
added regarding best efforts so the Theater would not be caught in the future. She supported
no foundation plantings.
Councilor Kozinski made a motion to approve Resolution 65-03 with the Town paying for the
conduit and undergrounding, that the fa9ade be completed within two years using best efforts,
no bond requirement, and no foundation plantings during phase one. The motion died for
lack of a second.
Councilor Daniels moved to approve Resolution 65-03 with the two year requirement with
Council option to extend, no foundation planting until phase two, no bond requirement, the
Town pay for Council selected street lighting after undergrounding of the utilities, which would
be paid for with the Town funding the conduit up front, and up to 50% of the total
undergrounding cost at phase two; seconded by Councilor Henderson.
Councilor Kozinski stated she would support the motion to move the Theater project forward,
although she still had the concerns stated.
Vice-Mayor Kuretski reiterated he could not support undergrounding between a budget cycle
without knowing the impact on ad valorem taxes. We have made all these decisions on the
Theatre between budget cycles.
MAY 20, 2003
REGULAR AGENDA
PUBLIC HEARINGS
9.1 Resolution 65-03, Jupiter Theater Councilor Daniels noted the Council contingency funds could be used, but he expected to be
able to find funding over three years.
Motion passed.
Kuretski
No
Henderson
Yes
Daniels
Yes
Kozinski
Yes
10. Ordinance 3-03, First Reading, Public School Facilities Element and
Capital Improvements Element - Comprehensive Plan Amendments - Text
Amendment to the Public School Facilities (PSF) Element of the Comprehensive
Plan pertaining to annual updates to the concurrency map series. Replacement
School Attendance Zone maps in PSF Element Data and Analysis with updated
maps. Amendment to the Capital Improvements Element pertaining to annual
update of Table 11 entitled "School District of Palm Beach County Six-Year
Capital Improvement Schedule." (Second Reading - TBA)
Mr. David Kemp, Staff Principal Planner, explained this was an annual update to the school
the six-year CIP for the County, text
facilities element of the comp plan changing:
amendments including map changes, and attendance area boundary maps needing updating.
He stated the amendments came from the lnterlocal agreement establishing school
concurrency.
Vice-Mayor Kuretski noted he discovered the capacity standard for a single school in the area
had been increased from 120% to 130%, and he questioned how this happened.
Mr. Kemp advised this had been adopted in the second round of amendments December
2002 and sent to the Department of Community Affairs at that time. He thought the School
Board had changed this due to increased population in the area.
Vice-Mayor Kuretski inquired about adding language to require the School District to consider
traffic concurrency. Town Attorney Baird noted the School District must approve facilities
consistent with the comp plan, so if the comp plan was revised they would be required to
meet that provision. Vice-Mayor Kuretski expressed disappointment with the School Board
merely changing the school capacity Level of Service standard to appear in compliance.
Councilor Henderson asked how the capacity standard could be reversed and noted Palm
Beach County had stated the standard would be going down. She felt supporting this
amendment would not be meeting concurrency. Mr. Shannon, Director of Community
Development, advised Staff would research, but felt the interlocal agreement would have to
be revised.
Attachment E
From:
To:
Subject:
Date:
Pat Stebbins
Garret Watson; Pat Stebbins
Maltz Theater Site Exception 15-169, hearing October 20, 2015
Monday, October 05, 2015 8:25:05 AM
I am a home owner in Ocean Parks located on the north side of the Maltz Theater. Four or
five years ago Ocean Parks homeowners took advantage of your great Neighborhood
Matching Grant Program to rebuild and refurbish our ponds including two beautiful fountains
as well as a signage project. Also at our home owner's expense we contributed $50,000. to
the extensive landscaping project along A1A when it was improved 6-7 years ago, and we
have continued to maintain it over the years costing us thousands of dollars. We are all about
beautification and improvement in our community and along A1A.
The Maltz Theater is a wonderful asset for our community. People from all over come to see
the plays, bands or take classes and join outreach programs to enjoy and learn. In the past 4-5
years the owners of that property have made sizable investments in the buildings and hard
scape but have left the landscape and outside community exposure unimproved and
deteriorating. With that said, I want to shed light on some issues that I believe are
improvements that should be considered in their current request, Site Exception 15-169. 1. Over the last 10 years, I have tried to have the pond (lake) located on the corner of
the Maltz Theater property at Indiantown Road and A1A, cleaned of debris and garbage. I
have also asked that the present aeration fountain be repaired or replaced. 2. Also lighting at
that corner as well as all around Maltz property needs upgrading for safety and landscape
beautification. All of the avenues available to me through Code Enforcement, Natural
Resource Program, Building and Zoning, Planning and some Palm Beach County
departments have not brought any response from my many attempts for improvement. I am
requesting that the approval of site exception 15-169 from the Town be contingent on the
Theater's agreement for these improvements in the pond and lighting as described above.
I have a real and personal interest in this area, not only because I live next door but because I
walk by there with my dog most every day. I see it up close and spend time in the morning as well as the evening hours. It is a shame to see the debris and offensive condition around
the lake when it could be so beautiful. I hope you agree and can make this happen. Thank
you, Pat Stebbins (561-748-1290)
1
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RESOLUTION NO. 63-15
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
JUPITER, FLORIDA, APPROVING A SPECIAL EXCEPTION AND
SITE PLAN AMENDMENT FOR THE MALTZ JUPITER
THEATRE, AUTHORIZING AN EXPANSION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Maltz Jupiter Theatre, Inc. is the owner (“the Owner”) of
22
approximately 4.8 acres of property known as the Maltz Jupiter Theatre, the address of
23
which is 1001 E. Indiantown Road, the legal description of which is attached hereto and
24
incorporated herein as Exhibit A (the “Subject Property”); and,
WHEREAS, Cotleur & Hearing as the Owner’s authorized agent (the Applicant)
25
26
has submitted an application to expand the Maltz Jupiter Theatre (the Application); and,
27
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WHEREAS, at a public hearing, the Planning and Zoning Commission reviewed
the Application, and made its recommendations to the Town Council; and,
29
30
WHEREAS, at a public hearing, the Town Council considered the Application;
and,
31
WHEREAS, at its public hearing, the Town Council considered the evidence
32
presented to it by the Town staff, the Owner and Applicant, and others, regarding the
33
Application’s consistency with the Town’s Comprehensive Plan; and,
R#63-15
Page B
1
WHEREAS, at its public hearing, the Town Council considered the evidence
2
presented to it by the Town staff, the Owner and Applicant, and others regarding
3
whether the Application meets the regulations of the Town’s Zoning Code; and,
4
WHEREAS, the Town Council has determined that the conditions which are
5
incorporated into Section 3 are necessary for the Application to be consistent with the
6
Town’s Comprehensive Plan, and to meet the regulations contained within the Zoning
7
Code.
8
9
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF JUPITER:
10
11
Section 1.
The whereas clauses are incorporated herein, are true and correct
and represent the findings of fact and conclusions of law of the Town Council.
12
Section 2.
The Town Council hereby determines that the Application is
13
consistent with the Town’s Comprehensive Plan and meets the regulations contained
14
within the Zoning Code.
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Section 3. The Owner, Applicant, and their successors or assigns shall comply
16
with and maintain the following conditions:
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1)
The Owner shall install and maintain all improvements in compliance with the
18
following:
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a. Site Plan and Details, referenced as “Sheet 1 of 2 and Sheet 2 of 2”, revised
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on 08/04/15, prepared by Cotleur & Hearing, received and dated by the
21
Department of Planning and Zoning on 08/05/15.
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b. Landscape Plan, Relocation Plan, and Landscape Details, referenced as
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“Sheet 1 of 3, Sheet 2 of 3, and Sheet 3 of 3”, revised on 08/04/15, prepared
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by Cotleur & Hearing, received and dated by the Department of Planning and
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Zoning on 08/05/15.
R#63-15
Page C
1
c. Overall Site plan, Floor plans, and Roof Plan, referenced as “A1.01, A2.01,
2
A2.02, A2.03 and A2.04”, revised on 08/04/15, prepared by Currie Sowards
3
Aguila Architects, received and dated by the Department of Planning and
4
Zoning on 08/05/15.
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d. Building elevations, referenced as “A3.01 and A3.02”, revised on 08/04/15,
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prepared by Currie Sowards Aguila Architects, received and dated by the
7
8
e. Signage Program, referenced as “Page 1 and Page 2”, prepared by Baron
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Signs Manufacturing, revised on 08/04/15, received and dated by the
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11
f.
Preliminary Engineering, referenced as “C-01 and C-02”, prepared by Kimley-
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Horn and Associates, received and dated by the Department of Planning and
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Zoning on 08/05/15.
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g. Statement of Use, revised 08/04/15, prepared by Cotleur & Hearing, received
15
and dated by the Department of Planning and Zoning on 08/05/15.
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h. Traffic Impact Statement, revised 08/04/15, prepared by Kimley-Horn and
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Associates, received and dated by the Department of Planning and Zoning on
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08/05/15.
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i.
Drainage Statement, dated 08/04/15, prepared by Kimley-Horn and
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Associates, received and dated by the Department of Planning and Zoning on
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08/05/15.
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2)
The uses conducted on the Subject Property shall conform to the representations
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in the Statement of Use prepared by Cotleur & Hearing, received and dated by
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the Department of Planning and Zoning on 08/05/15.
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3)
Any revisions to the site plan, landscape plan, elevations, signs, Statement of
Use or other details submitted as part of the Application, including but not limited
R#63-15
Page D
1
to the location of the proposed improvements or additional, revised or deleted
2
colors, materials, or structures, or changes to the business’ operation, shall be
3
submitted to the Department of Planning and Zoning (the Department) and shall
4
be subject to its review and approval.
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4)
the Department’s review and approval.
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5)
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Any condition associated with the submission of the final plans shall be subject to
The conditions of approval herein shall apply to the Owner, Applicant and their
successors and assigns.
6)
Site Plan - Upon the submission of the final plans, and prior to the issuance of
10
any development permits, the Owner shall modify the Site Plan to:
11
a. Label the 25 foot radii at the southern driveway onto Indiantown Road.
12
b. Indicate the sidewalk width for the existing sidewalk along Indiantown Road.
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c. Add a stop bar and stop sign at the northbound approach of second access
14
aisle west of the porte cochere.
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d. Remove the stop bar and stop sign at southeast corner of the most eastern
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row of parking.
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e. Shift the parking spaces along the western property line adjacent to Reynolds
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Plaza two feet eastward, in order to provide a five foot landscape buffer.
7)
Landscaping - Upon the submission of the final plans, and prior to the issuance
20
of any development permits, the Applicant shall revise the landscape plans to:
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a. Shift the proposed landscaping shown on top of the existing sidewalk
22
adjacent to the new driveway at the northeast corner of site.
b. Add the 10’ x 30’ safe sight triangles at all driveways.
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8)
Undergrounding Utilities/Fiber Conduit.
R#63-15
Page E
1
a) Prior to the issuance of any development permits, the Owner shall submit an
2
estimate of the cost to place all utility lines along Indiantown Road
3
underground and the cost of installing the fiber optic conduit along Indiantown
4
Road and A1A. The Owner shall be responsible to obtain any permits for
5
undergrounding the utilities from all necessary parties, including but not
6
limited to FPL, Palm Beach County, the Town and any other applicable
7
agencies.
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b) Prior to the issuance of a Certificate of Occupancy, the Owner shall provide
9
monies to the Town equal to 50% of the cost of placing the utilities along
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Indiantown Road underground and 50% of the cost of installing the conduit
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for the Town’s fiber optic network underground.
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c) Prior to the issuance of any development permits, the Applicant shall revise
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the Site Plan to include a 10 foot utility easement along the frontage of State
14
Road A1A to accommodate the future underground placement of conduit for
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the Town’s Fiber Optic Network. Prior to a Certificate of Occupancy, the
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Applicant shall submit a copy of the recorded easement for the Town’s Fiber
17
Optic Network to the Department. If the Applicant can demonstrate that the
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conduit for the fiber optic network can be installed within the existing right-of-
19
way to the satisfaction of the Town, the easement shall not be required.
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9)
Traffic.
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a) Upon the submission of the final plans, and prior to the issuance of any
22
development permits, the Applicant shall obtain a permit from Palm Beach
23
County authorizing a new driveway at the northern end of the Subject
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Property.
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b) Upon the submission of the final plans, and prior to the issuance of any
26
development permits, the Applicant shall submit a draft of the proposed cross
R#63-15
Page F
1
access easement for the driveway adjacent to Indiantown Road, and
2
extending west to the Subject Property’s property line at the shared driveway
3
with Reynolds Plaza in the southwest corner of the property. Prior to the
4
issuance of a Certificate of Occupancy, the Applicant shall submit a copy of
5
the recorded easement to the Department.
6
10)
Archeological monitoring. Prior to beginning any ground disturbing site work
7
on the Subject Property, the Applicant shall be financially responsible for
8
retaining a qualified archaeologist to perform intermittent archaeological
9
monitoring throughout the construction period. Prior to the issuance of a
10
Certificate of Occupancy, the Applicant shall submit to the Town a report from the
11
archaeological consultant which contains the findings of the archaeological
12
fieldwork, field specimen analysis (if any specimens are recovered), consultant
13
summary of the findings, the methodology employed by the consultant, results,
14
and any recommendations regarding the protection and/or relocation of any
15
archeological resources.
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11)
Workforce Housing. Upon the submission of the final plans, and prior to the
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issuance of any development permits, the Owner shall contribute $21,524 in the
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Town’s Housing Trust Fund for Workforce Housing.
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12)
Signage.
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a) Upon the submission of the final plans, and prior to the issuance of any
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development permits, the Applicant shall reduce the size of the wall sign on
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the east elevation to 69.75 square feet and its height to 48 inches.
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b) The theatre building shall be permitted one freestanding sign adjacent to
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Indiantown Road and one freestanding sign adjacent to State Road A1A.
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Each sign shall be limited to 105 square feet of sign face, 16 square feet of
R#63-15
Page G
1
changeable copy area, and shall not exceed 10 feet in height, with the
2
exception that decorative features may be no greater than 12 feet in height.
3
13)
Performances within the main theater and flexible theater space shall not occur
4
simultaneously, unless the Owner has demonstrated to the satisfaction of the
5
Department that it has made arrangements for sufficient parking off site to
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accommodate both performances.
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14)
Prior to the issuance of a Certificate of Occupancy, the Applicant shall submit a
8
signed and sealed letter from a Florida registered engineer containing the total
9
site area, total impervious area, and total pervious area.
10
15)
Upon the submission of the final plans, and prior to the issuance of any
11
development permits, the Owner shall execute an amendment to its Water
12
Service Agreement with the Town which provides for any additional capacity
13
reservation required as a result of the expansion of the theatre.
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16)
The placement of any type of vending machines or units which dispense food,
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beverages, candy, merchandise, products, goods, handbills, or advertising
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magazines outside the confines of the principal structure on the exterior portions
17
of the Subject Property within public view, is prohibited.
18
17)
Outdoor loudspeaker systems including, but not limited to, bells, amplified
19
telephone ringers, music paging systems, etc., which are audible outside the
20
confines of the principal structure are prohibited.
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22
Attachments: Exhibit A – Legal Description (Maltz Jupiter Theatre)
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24
\\Datant\cdev\Staff\WP51\PROJECTS\Maltz Jupiter Theater\15-169 Theater Expansion\TC\Resolution 63-15.doc
25
October 14, 2015
EXHIBIT A
LEGAL DESCRIPTION:
BEING A PARCEL OF LAND LYING OVER A PORTION OF THE NORTHWEST QUARTER
OF SECTION 5, TOWNSHIP 41 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID
SECTION 5; PROCEED NORTH 89°53'10” EAST, ALONG THE SOUTH LINE OF SAID
NORTHWEST QUARTER AND THE NORTH RIGHT-OF-WAY LINE OF INDIANTOWN
ROAD (STATE ROAD NO. 706), A DISTANCE OF 539.69 FEET TO A POINT ON THE
WEST LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN OFFICIAL
RECORDS BOOK 12970, PAGE 132, PUBLIC RECORD OF PALM BEACH COUNTY,
FLORIDA, AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°53'10”
EAST, DEPARTING SAID WEST LINE, AND ALONG THE SOUTH LINE OF SAID
NORTHWEST QUARTER AND SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF
644.71 FEET TO A POINT ON THE WESTERLY LINE OF THE ADDITIONAL RIGHT-OFWAY DEDICATION AS RECORDED IN OFFICIAL RECORDS BOOK 16736, PAGE 1283,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 21°47'17”
EAST, DEPARTING SAID SOUTH LINE OF THE NORTHWEST QUARTER AND SAID
NORTH RIGHT-OF-WAY LINE, AND ALONG SAID WESTERLY LINE OF THE ADDITIONAL
RIGHT-OF-WAY DEDICATION, A DISTANCE OF 74.23 FEET; THENCE NORTH 46°18'36”
WEST, ALONG THE SOUTHWESTERLY LINE OF SAID RIGHT-OF-WAY DEDICATION, A
DISTANCE OF 616.99 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID
PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 12970, PAGE 132; THENCE SOUTH
43°39'05” WEST, DEPARTING SAID SOUTHWESTERLY LINE, AND ALONG SAID
NORTHWESTERLY LINE, A DISTANCE OF 318.74 FEET; THENCE SOUTH 01°18'59”
WEST, ALONG THE WEST LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS
BOOK 12970, PAGE 132, A DISTANCE OF 265.84 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 4.81 ACRES, MORE OR LESS.

TAB 15 - Town of Jupiter

Transcription

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