HomeMy WebLinkAboutMinutes P&Z 010500• CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
January 5, 2000
MINUTES
The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens,
Florida, was called to order by Chair Joel Channing at 6:30 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 COMNIISSION
• The roll was called by Melissa Prindiville, Secretary for the meeting.
Present Absent
Joel Channing, Chair John Nedvins, Vice Chair
John Glidden, Chair Pro Tem (Arrived at 6:34 p.m.) Dorothy Williams
Daniel Lee Cruz
Craig Kunkle, Jr.
Dennis Solomon
Ted Rauch, Alternate
Barry Present, Alternate
Also present at the meeting were Growth Management Director Roxanne Manning, and Principal Planner
Steve Cramer.
Workshop
Petition TXT- 99 -11: Land Development Regulations
A request by City staff to adopt revised land development regulations
Principal Planner Steve Cramer introduced the workshop. Marty Hodgkins of Duncan Associates
reported their firm had been working closely with staff on this matter, and discussed land use changes.
Mr. Hodgkins reviewed the chart provided, which highlighted new or changed code provisions for
• Planning & Zoning Commission Minutes
January 5, 2010
permitted, conditional, and prohibited uses. Planned development overlay districts were discussed. Mr.
Hodgkins explained that a request to rezone a property as a PUD would have some sort of underlying
straight residential zoning, making it similar to the current PGA Overlay District. Conflicts would be
resolved by retaining the underlying straight zoning and any changes to that zoning would be placed into
a Development Order. The advantages of carrying forward the underlying zoning were described by
Growth Management Director Manning, who explained that previously the original zoning had vanished
when property was rezoned as a PUD or a PCD. Mr. Solomon questioned where the concept of
underlying zoning staying in effect with an overlay was written, to which Mr. Cramer responded that
there was a separate section ofthe LDR Zoning District which would be reviewed at a separate meeting.
The Growth Management Director explained the concept further. It was explained that waiver requests
would also be discussed at a later meeting. Mr. Glidden suggested that a separate item be added in
section E reminding people that one ofthe things this was subject to was the underlying zoning district.
Chair Charming questioned whether there would be a difference in the analysis of new projects, to which
the Growth Management Director responded the base regulations would be noted and everything over
and above that base would be spelled out separately in the staff report. Ms. Manning stated that written
justification for waivers would be required, including the public benefit. Discussion ensued. Mr.
Hodgkins reviewed the land use chart provided in his report. Mr. Hodgkins reported the districts
remained unchanged. Grandfathering was discussed. Mr. Hodgkins explained that grandfathering was
also addressed somewhere else. Mr. Solomon suggested that a footnote be added to the bottom of the
• chart on page 2 to specify overlay districts.
Mr. Glidden commented that the most important thing for this Board to understand was what was being
changed, since the changes would change the right people have to use their property in certain ways.
Specific items were discussed, including home occupations permitted in group homes with up to six
residents. Growth Management Director Manning suggested limiting businesses to one or two per
address. Mr. Present questioned enforcement. The limitation of six clients for private instruction was
discussed. Exceeding the number of parking spaces allowed at a home was suggested as a way to limit
clients. Ms. Manning explained that home business problems were only a minute portion of code
enforcement activities within the City. Remaining flexible and not creating harm to neighbors were the
criteria suggested. Ms. Manning advised that religious groups operating in homes quickly became too
large to remain in the home and moved on, so they were therefore not a problem. The Board did
not favor restricting the number of clients per day, or specifically mentioning academic, musical, and
physical fitness categories. Ms. Manning suggested a category called personal services.
Mr. Hodgkins noted that further research was needed on type H community residential homes with 7 to
14 residents in regard to Health Department regulations, and after ensuing discussion, agreed to check
State law regarding the statement of 1,000 feet required between principal structures. Assisted living
facilities were reviewed. Mr. Hodgkins reported that the adult entertainment section was in accordance
with Federal Court decisions and was under review by their attorney. The only CG2 zoning area in the
City was described as the site on Northlake Boulevard which contained ABC Liquors, the gas station and
the hotel. Distance requirements and prohibiting alcohol sales in adult establishments were discussed.
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Automobile repair was reviewed. Mr. Glidden commented the only auto repair now allowed was in CG2,
which was a significant change, since it was previously allowed in CGI; and the only CG2 zoned parcel
was filled; effectively limiting auto repair businesses. It was noted that County and State regulations
protected against contamination from oil, gas, etc. Ms. Manning explained that when residential areas
were directly adjacent to commercial properties, the activities on the commercial properties could directly
affect residents, and automobile repair was better located in industrial use areas. Mr. Present pointed out
item(i) on page 19 should read "gated and locked" rather than "gated and located ".
Mr. Hodgkins reviewed item 13, page 21, Convenience Stores with Gas Sales. Mr. Kunkle pointed out
that all auto repair sections except that for auto service stations contained a provision for aligning bay
doors away from areas, which was duly noted by Mr. Hodgkins. Aesthetic concerns with drive throughs
at auto service station ancillary operations such as Blimpies were discussed, with the conclusion that
generic language would be appropriate since each individual case would be reviewed as a conditional use.
Item (16), page 22 was discussed. It was determined that hardware, paint, glass, wallpaper, and floor
covering stores should be limited to 5,000 square feet in CN zones and open elsewhere.
It was pointed out that Item (18), page 22, Recreational Vehicle Park, was in a new category
• "Commercial Recreation" (CR). Mr. Glidden preferred CG2 zoning which could not revert, or making
the RV park a PUD. Growth Management Director Manning suggested two ways of dealing with such
a situation -- to add a condition in the development order that at the end of `Y" number of years the local
government shall examine the option of rezoning this property if requirements of the development order
are not met; or to place a requirement in the Code requiring the municipality to examine the option of
rezoning all properties after a specific number of years, which she did not recommend since it would be
too staffintensive. Mr. Cruz suggested looking at whether CG2 zoning was appropriate for an RV park.
Growth Director Manning agreed that CG2 might not be the appropriate zoning. Mr. Glidden pointed
out that fast food restaurants had the very same requirements: CG2 zoning and conditional use.
Discussion ensued regarding conditional use in CGI. Mr. Kunkle pointed out a conflict as a result of
delicatessen being included in the specialty restaurant category and also being under a separate category
where delicatessens were allowed in community neighborhoods whereas specialty restaurants were not
allowed in community neighborhoods. Consensus was that specialty restaurants should be allowed in
community neighborhoods. Mr. Hodgkins suggested taking another look at restaurant sizes, whether
beer and wine were sold, and sanitary facilities, with the intent to limit uses that would be considered
obnoxious. Growth Management Director Manning suggested looking at two categories of specialty
restaurants based on size, with larger specialty restaurants in CGI and CG2, and smaller specialty
restaurants in CN. Chair Charming preferred performance based categories rather than size based.
Parking for restaurants was discussed. Ms. Manning explained the change in the way parking was
calculated. Mr. Hodgkins explained that a specialty restaurant was a smaller than a quality restaurant,
and was defined further under definitions. Growth Management Director Manning explained that the
number of clients per hour actually determined the difference between a specialty and a quality restaurant.
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Other distinguishing items were pointed out—whether or not alcohol was served, and limited variety of
food. Mr. Kunkle commented it was easier to build a Denny's than a Ruth's Chris under present
requirements. Mr. Hodgkins commented that needed to be re- thought.
Ms. Manning received clarification that consensus was to look for a new district instead of CG2 for
recreational vehicle parks. A PUD overlay in Commercial Recreational zoning district was
recommended. Mr. Solomon suggested adding concurrent processing.
Mr. Channing commented regarding item (16) on page 22, Hardware, Glass, Wallpaper, and Floor
Covering Store, that he knew a national company beginning a new concept of an upscale hardware store
of approximately 7,500 square feet. Mr. Cramer clarified that the 5,000 square feet would only apply in
CN districts.
Thrift stores were only allowed in CG2. Mr. Present recommended looking at the uses in CG2 to see
if the intent was not to have thrift stores there, or if they were desired somewhere else to look at another
CGl use. It was pointed out that consignment stores were in another category in the chart on page 3
which allowed them in CGl. Quality of merchandise and size of the store were criteria used to
distinguish between thrift stores and consignment shops. Discussion ensued. Mr. Glidden suggested that
a small thrift and used merchandise shop of 3,000 s.f could be allowed in CGl.
• Mr. Hodgkins questioned whether it was all right to combine Adult and Child Day Care. Mr. Glidden
commented that the only difference in the two would be that an outdoor playground would be required
for a Child Day Care facility, with accompanying noise; while an Adult Day Care would have minimal
noise and no playground. It was agreed to keep the two together, making clear that the playground was
required only of the Child Day Care facilities. Mr. Hodgkins reviewed Family Day Care standards, and
noted an outdoor playground was not required. Mr. Hodgkins noted that Massage Therapists must be
licensed in accordance with Florida Statutes. Video rental and sales were reviewed. Mr. Kunkle
requested that City Council be asked whether no adult video at all could be specified for CN, but allowed
in CGl and CG2. Mr. Solomon questioned interior design sales not being allowed in PO districts (item
45), to which Mr. Hodgkins responded that an interior design studio could be located in a PO, but sales
could not take place there. Mr. Glidden suggested inventory and/or display of 15% could be allowed.
Mr. Solomon commented that item (45) was not written clearly. Mr. Cramer commented staff would
work on the language. Mr. Glidden questioned why emergency health care was not allowed in a PO
district. Following discussion, Mr. Cramer indicated he would add emergency health care as a conditional
use in a PO district. Mr. Hodgkins reviewed Churches and Places of Worship (item 47). Mr. Solomon
suggested changing the 1,000 seats in item 47 (a) and (b) to 1,000 seats more or less. Discussion ensued
regarding specific churches and how expansion would be handled. Item 32 (f), Temporary Uses, was
discussed, and a request was made to change `4may" to "shall". It was noted that special event permits
were needed for events such as the pumpkin patch at a local church and for sidewalk art shows.
Mr. Hodgkins explained that the City Council could limit hours of operation for indoor and outdoor
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January 5, 2000
commercial recreation (items 54 and 55). Mr. Glidden referred to item (52) Schools, Public and Private,
and questioned whether the School Board did what they wanted in regard to landscaping, etc., to which
Mr. Hodgkins responded that although the School Board considered themselves not subject to zoning that
when push came to shove they had always complied., Discussion ensued regarding schools. Ms. Manning
reported it was becoming more common for School Boards to direct their staff to work with local
governments, and the City was being proactive on this issue. Mr. Hodgkins reviewed item (57) Auto, RV,
and Boat Storage, Commercial and stated it was recognized as a conditional use. Ms. Manning explained
that the RI categoryhad been included to accommodate City -owned storage lots. Mr. Present questioned
the broad language used in item (55)(a) regarding outdoor commercial recreation, to which the response
was it was better to leave it broad to accommodate different uses and narrow the use during project
review.
Mr. Solomon questioned whether the Bell South switching station on RCA Boulevard would meet the
requirements of item (60) Utilities, Minor, to which the response was it would fall under item (61)
Utilities, Minor on the next page. It was noted that these utilities should be allowed as conditional uses
in all districts; as well as (62) Wireless Telecommunications Facilities, which Mr. Hodgkins stated he
would check. Discussion ensued regarding the appropriate section for the Bell South switching station.
It was noted that the station had a regular staff Growth Management Director Manning explained the
impact was minimal, with a staff of only four, so that item (6 1) was appropriate. Mr. Hodgkins stated he
would check to be sure of the definition.
Mr. Hodgkins noted that (64) Excavation and Full and Borrow Pit Operations had been adopted this year
and that (67) Satellite Dishes (d) Exemption was in accordance with the FCC Telecommunications Act,
and although the City allowed them an HOA might not.
Mr. Glidden commented that under "Other" in the chart there was no definition of "Accessory Uses '
although they were permitted in all districts, to which the response was that the definition was in the larger
document. Mr. Glidden questioned whether a loophole existed to have a small business not allowed in
a specific district in back of a primary business, to which Ms. Manning's response was that would not
happen because the accessory business must be customarily associated with the primary use.
Mr. Present questioned (62) Wireless Telecommunications Facilities (h) on page 39, Additional Standards
and questioned if it was possible to meet the requirements. Response was that if a tower was not wanted
then the requirements could not be met; if it was wanted then staff could determine the Tine of sight
analysis, etc. Requirements for communication towers and clustering towers were discussed. Ms.
Manning noted that tower technology was coming more into line with planning and zoning regulations and
that a benefit was being able to place clock towers and flag poles unobtrusively.
Mr. Glidden questioned how rooftop equipment 15 feet above a roof could be minimized. Mr. Hodgkins
explained it could be placed in the middle of the roof Mr. Glidden questioned whether that should be in
a PO district and the language regarding 15 feet might need reconsideration so as not to be ambiguous.
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January 5, 2000
Chair Channing thanked Mr. Hodgkins and stated he had been very impressed with the presentation.
OLD BUSINESS
Chair Channing was assured that a followup was in process for the Hampton Inn roof Mr. Glidden noted
that the exhibits presented at the Hampton Inn review did not show what had been done.
Chair Channing requested that an index be included in the LDR's. The next review was scheduled to be
in two weeks.
Mr. Solomon requested the By -Laws for the Planning and Zoning Commission be amended not to have
mandatory term limits of six years but to allow the City Council to decide whether to continue the term
of an individual who had been on the Commission for six years and had acquired a great level of expertise.
Consensus of the Board was to make that request to the City Council-
ITEMS BY CITY COUNCIL LIAISON
• There were no items by the City Council Liaison.
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January 5, 2000
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:35 p.m. The next meeting will be held
January 11, 2000.
APPROVED:
(Absent)
John Ne *ns, Vice Chair
Joh,nod7den, Chair Pro Tem
• Dennis
Craig Kunkle,
(Absent)
Dorothy Williams
Ted au&, Alternate
10s ,® i �trzn/A7i
Melissa Prindiville
Secretary for the Meeting
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