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• CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMAUSSION
January 19, 2000
MIlVUTES
The Special Meeting ofthe Planning and Zoning Commission ofthe City ofPahnBeach Gardens, Florida,
was called to order by Chair Joel Charming at 6:34 P.M. in the Assembly Room at the Municipal
Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of
Allegiance to the Flag.
ANNOUNCEMENTS
There were no announcements.
ITEMS BY GROWTH MANAGEMENT DIRECTOR
There were no items by the Growth Management Director.
PLANNING AND ZONING COMMISSION
• The roll was called by Melissa Prindiville, Secretary for the meeting.
Present Absent
Joel Channing, Chair John Nedvins, Vice Chair
Daniel Lee Cruz John Glidden, Chair Pro Tem
Craig Kunkle, Jr. Dorothy Williams
Dennis Solomon Ted Rauch, Alternate
Barry Present, Alternate
Also present at the meeting were Growth Management Director Roxanne Manning, and Principal
Planners Steve Cramer and Tim Norquest.
Workshop
Petition TAT-99-11: Land Development Regulations
A request by City staff to adopt revised land development regulation&
Marty Hodgkins of Duncan Associates discussed specific land use changes made to the proposed draft
since the last meeting and specifically reviewed changes in the revised chart, which highlighted new or
changed code provisions for permitted, conditional, and prohibited uses. The Commission discussed
areas where automobile repair was allowed, which was a use that Mr. Hodgkins recommended not be
• added. Discussion of home occupations resulted in a recommendation for two trips per day for clients
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• Planning & Zoning Commission Minutes
January 19, 2000
rights -of -ways was discussed, with Mr. Hodgkins recommending that this requirement remain and
exceptions dealt with on an individual basis. Language in item 13 (f) regarding drive -in windows for
convenience stores with gas sales was changed from "...future land use or zoning designation." to
"...future land use or current zoning designation." There were no objections to retaining Recreational
Vehicle Park (RVP) as a use category. Recommendations to limit specialty restaurant seating were
discussed, and a decision was made to retain item 21(d) and to eliminate item 21 (e) . Mr. Kunkle left
at this point in the meeting at 7:40 p.m.. The fairness of limiting thrift and used merchandise stores to
3,000 square feet in areas zoned CGl was discussed. Henry Skokowski questioned whether uses could
be waived by the PUD process. Discussion ensued. Mr. Skokowski referred to cases where limitations
define uses, and asked whether it would be a violation of any law to request changes during the PUD
process, to which the response was that certain standards were applicable to a piece of property under
straight zoning and when a PUD came over it those standards would be applicable unless waived by the
City Council, subject to specific criteria. It was suggested that there be a clarification statement placed
into the Code regarding what matters or restrictions, if any, were not subject to waiver or modification
even when there was a PUD overlay on top, without actually amending the underlying Code. It was
pointed out that the language used on page 93 of the update, section 86(c) stated: The PUD shall be
developed consistent with the uses, property development regulations, and other standards applicable
to the underlying zoning district, however, the City Council may, as part of the overall PUD
development order, establish property development, and similar regulations for a specific PUD. In that
• event, the requirements of the development order shall prevail over the requirements of the underlying
zoning district designation. Mr. Skokowski agreed that covered the situation. Discussion ensued
regarding a thrift store located in a small strip center where size would not allow the property to become
a PUD, and the Commission decided to change the square footage limitation for thrift and used
merchandise stores in a CGl zone to 5,000 square feet, and to leave the limitation at 3,000 square feet
in CN zoning.
Current City regulations regarding wireless telecommunication facilities was presented by Mr. Hodgkins.
Mr. Solomon pointed out that on page 3, the definition of "Operator" was not broad enough, and it was
decided to add "or other legal entity". Mr. Solomon requested that "agreement" be added in the last
sentence of that definition, and that "or other legal entity" be added to the definition of "Provider". The
definition of "State of the Art" was discussed and research requested. The word `use" was requested
to be changed to "used". Mr. Solomon requested addition of a new item on page 6 item (bx8): `NVhere
the applicant does not have or cannot reasonably obtain the legal right to use an existing tower ";
however, Mr. Hodgkins indicated that was indirectly covered in item (bx5). Correction of a
typographical error in item (dx2), page 7, was requested: that "bend" be changed to "blend ". Safety and
engineering requirements were discussed, which were covered by the requirement of an engineering
certification as well as City building requirements. Setbacks were discussed, and Mr. Hodgkins indicated
the County regulations would be researched. Mr. Solomon commented that item (i) on page 8 which
indicated the number of users for maximum heights of towers raised the question of when those users
would sublease. Discussion regarding this item included the points that this encouraged larger towers
and co- location. Mr. Solomon requested addition in item 0) on page 8 of "at the time ofthe application"
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Planning & Zoning Commission Minutes
January 19, 2000
following "current standards ". Mr. Solomon requested item (bx 1), page 11 be changed to "It is the
same or substantially similar tower type as the original tower." It was decided that item (7) Tenant rental
fees, on page 11 should be deleted. Mr. Solomon requested that on page 13 (c), the word "lease" be
clarified as some sort of agreement allowing someone to use the property in order to avoid the question
of whether their use is allowed by a lease, a license, or something else, and that wording should also be
changed in items (cxl) and (2). In (c) (3), Mr. Solomon requested addition of "or temporary right to
use" and that the last sentence be re- worked. Mr. Solomon commented that he had been unable to locate
subsection "d" which was referred to in item (10)) (ax 1) on page 13 and in item (11 xa) on page 14; and
the amount in item (1 Oxax2) should be changed to $1,500.00. Mr. Solomon pointed out a typographical
error in item 4, page 14: "fnally" should be changed to `Ting." Mr. Solomon commented on item (13)
security find for abandoned antennas and towers, on page 17 that in (13xb) the fund could be cash, a
letter of credit, or a corporate guarantee, and requested "Security fund" be changed to either "Surety"
or "Security"; and that item (13)(c) be expanded to identify the different types of funds. Mr. Cruz
questioned the permitted land use in item (b), page 14, to which Mr. Cramer responded that towers were
permitted uses in commercial and industrial land use categories, which was not reflected in the table, and
the table needed to reflect new language.
It was decided to review the revised land development regulations at the next regular meeting of the
Commission, on Tuesday, January 25, 2000.
• OLD BUSINESS
There was no old business to come before the Commission.
NEW BUSMigS
There was no new business to come before the Commission.
ITEMS BY CM COUNCIL LIAISON
There were no items by the City Council Liaison.
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Planning & Zoning Commission Minutes
January 5, 2000
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:50 p.m. The next meeting will be held
January 25, 2000. �--�
APPROVED:
•
(Absent)
John Glidden, Chair Pro Tem
(Absent)
Dorothy Williams
_(Absent)
Ted Rauch, Alternate
Rey ��.sJ� RLT£Rrr�
Melissa Prindiville
Secretary for the Meeting
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