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HomeMy WebLinkAboutMinutes P&Z 041399• Revised 4/27/99 after distribution CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION April 13, 1999 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. APPROVAL OF MINUTES Minutes of March 23, 1999 - Daniel Cruz made a motion to approve the minutes of the March 23, 1999, meeting with the spelling of the word "commented" corrected in line 17 on page 5. Mr. Rauch seconded the motion. Motion carried by 7 -0 vote. PLANNING AND ZONING COMMISSION is The roll was called by Jackie Holloman, Secretary for the meeting. Present Absent Joel Channing, Chair Diane Carlino John Nedvins, Vice Chair John Glidden, Chair Pro Tern (Arrived at 6:40 p.m.) Daniel Lee Cruz, Alternate Richard Masters Dennis Solomon Ted Rauch, Alternate Also present at the meeting were City Attorney Carole Wallace Post, Principal Planner Kim Glas Castro, Interim Principal Planner Jim Norquest, Planner II Ed Tombari, Planner I John Lindgren, Planner I Angela Csinsi, and Attorney Craig Williams. RE -ORDER AGENDA Mr. Cruz made a motion to re -order the agenda to hear Item VII - Public Hearing and Recommendation to City Council, Ordinance 18, 1999, Providing for Suspension of Acceptance of Applications for Development Permits. The motion was seconded by Mr. Nedvins, and carried by unanimous 7 -0 vote. 40 • Public Hearing and Recommendation to City Council, Ordinance 18, 1999, Providing for Suspension of Acceptance ofApplications for Development Permits City Attorney Post announced she would be present for this item only, and her associate, Attorney Craig Williams, would attend the remainder of the meeting. Chair Pro Tem John Glidden arrived at this point in the meeting at 6:40 p.m. City Attorney Carole Post explained the reasons for and basis of the proposed moratorium ordinance. Ordinance 18, as proposed, would suspend the acceptance of applications for development orders City- wide for a period of 6 months. Exemptions would be available. Chair Channing declared the Public Hearing open. Hearing no comments from the public, Chair Channing declared the Public Hearing closed. In response to questions from Mr. Solomon, staff explained that the main reasons for the moratorium were to allow time for code re- writes and for staff to prepare to handle the large influx of applications anticipated as a result of the sale of MacArthur properties. Subsequent phases of a project would not be affected so long as those phases had been covered within the development order. Staff explained that the six -month period would allow time to re -write zoning codes and felt they would be able to accommodate applications after the six -month moratorium; and that although the City had discretion in regard to the time allowed to process applications, they desired to handle applications in a timely manner. Mr. Glidden expressed his opinion that another avenue other than a moratorium would have been a better solution, and that not processing applications for six months would assure that a deluge of applications would occur at the end of the six -month period. Mr. Solomon also expressed a problem in supporting a moratorium. Mr. Masters suggested that a presentation of all zoning and code changes the City would like be made to all those who wanted the process accelerated, and getting from them a • willingness to abide by future changes, rather than instituting a moratorium. Mr. Glidden made a motion to recommend to the City Council denial of Ordinance 18, 1999. Mr. Solomon seconded the motion. Chair Channing expressed his opinion that this position should not be taken at this late date after so much had been done by staff and the City Council. Mr. Cruz and Mr. Masters agreed with Mr. Channing. Mr. Glidden withdrew his motion. Mr. Nedvins made a motion to approve Ordinance 18, 1999. Mr. Cruz seconded the motion. Motion carried 5 -2 with Mr. Glidden and Mr. Solomon opposed. City Council Liaison Carl Sabatello commented there had been tremendous efforts by all parties on this serious issue, and the number one concern was services for City residents; and that the moratorium would allow for growth to be controlled. Mr. Sabatello explained that other concerns besides staffing were drainage, schools, traffic, police, fire, etc. Mr. Glidden commented that the reason he voted against the motion was he believed there were better ways of doing this than a moratorium, but did not believe now was the time to re -do the ordinance.. City Attorney Post thanked the Commission for re- ordering the agenda to hear Ordinance 18, 1999, and left the meeting at 7:10 p.m. • • Planning & Zoning Commission Minutes April 13, 1999 SITE PLAN AND APPEARANCE REVIEW COMMITTEE The roll was called by Jackie Holloman, Secretary for the meeting. Present Absent Joel Channing, Chair Diane Carlino John Nedvins, Vice Chair John Glidden, Chair Pro Tern Daniel Lee Cruz, Alternate Richard Masters Dennis Solomon Workshop Petition SP -98 -20 Sunny Plaza Phase 2 Howard F. Ostrout Jr. & Associates, agent for The Marquis Corporation, is seeking approval for amending the existing site plan approved on February 15, 1983, to build an additional 14,856 square feet of commercial use. The subject site is 3.44 acres and is located approximately 180 feet north of • the northwest intersection of Northlake Boulevard and Military Trail. (13- 42S -42E) Planner I Angela Csinsi presented the staff report, and reviewed the project. Howard F. Ostrout, Jr., agent for the petitioner, introduced Architect Ted Davis and Civil Engineer Timothy Messler who were present on behalf of the petitioner. Mr. Ostrout explained that the intent of the project was to accomplish buildout of Sunny Plaza, matching the existing building architecture. Mr. Ostrout noted that a variance had been requested for landscape buffers, and explained that stop bars and fencing would be installed. Mr. Ostrout clarified that access from Northlake would only be for westbound traffic, with a right turn in and out. Mr. Glidden objected that the backs of buildings would be visible, and that doors opened onto a 24 -foot drive aisle next to the building with 9' parking spaces opposite. Discussion ensued. It was determined that there was extra footage in the landscape buffer which could be used to fix the drive aisle and parking space sizes, and Mr. Glidden requested that landscaping be used as screening for the back of the building. Mr. Cruz suggested that the architecture could be made better, and stated that he saw this as a separate project from Phase I since this was not a PUD. Mr. Glidden commented that the architecture was nondescript and recommended removal of the signage boxes. Chair Channing commented he did not believe the building was so bad and considering its location, blandness might be the best course. Chair Channing suggested a berm or wall in the front buffer and adding a wall of fence added in the berm in front of the existing buildings so that parking would be screened and in the future the trees and bronze of the building would be visible. Mr. Ostrout agreed to a berm and wall in Phase II. The drive aisle width requirement was discussed, in connection with the building doors opening out. Architect Ted Davis explained that the rear driveways were mainly used by employees and that 5 feet out from the building would be striped for a fire lane. Mr. Channing pointed out that 50 of the 150 parking 40 3 • Planning & Zoning Commission Minutes April 13, 1999 spaces were in the rear, and 40 in the front; and suggested that staff deal with the problem. Chair Channing suggested pulling the door in and splaying the building sides out 45 degrees on either side so that someone exiting through the door would have a chance to see if traffic was coming. Chair Channing commented he did not see the need to set new precedents in this case. Chair Channing summarized the Committee's comments as in favor of meeting the code and do something to visually block parking from the front; Mr. Glidden commented he would be willing to reduce the size of the landscape buffer between the site and the gas station if something could be done so that the corner was not visible. PLANNING AND ZONING COMMISSION The roll was called by Jackie Holloman, Secretary for the meeting. Present Absent Joel Channing, Chair Diane Carlino John Nedvins, Vice Chair John Glidden, Chair Pro Tern Daniel Lee Cruz, Alternate • Richard Masters Dennis Solomon Ted Rauch, Alternate Public Hearing and Recommendation to City Council Petition PUD -99 -01 St Mark's Episcopal School Recreation Playflelds A request by Fanning/Hoivey Associates, agent for St. Mark's Episcopal School, for planned unit development (PUD) approval of private school playing fields and an associated structure which includes an open -air pavilion for physical education, concession booth, restrooms, custodian room, storage area, and a room for use by the physical education teacher, to be located on Burns Road, east of Alternate AIA and west of Gardens East Drive. (7- 42S -43E) Planner John Lindgren reviewed the staff report dated 4/13/99 and answered questions. Mr. Glidden requested that in future projects next to ball fields, staff focus on preventing dangerous situations and commented that although it was probably too late for this project, placing the retention area between the ball fields and the tennis courts would have been a big improvement towards safety. Mr. Glidden commented that the dead end parking spaces did not allow people to back up, and recommended a curb cut on the north end. Mr. Rauch recommended placing water fountains on plans. Rene from Fanning/Howey Associates, representative for the applicant expressed willingness to move handicap spaces to the other end, discussed traffic circulation, commented that water fountains would be inside is 4 • Planning & Zoning Commission Minutes April 13, 1999 the covered pavilion, and noted landscaping changes. A second ingress/egress was discussed for the ball field area. The representative explained there would be no night games, that the school wished to control the ingress/egress by only having one access, and that activities would be parent or staff supervised. Staff agreed to check with the City Engineer regarding separating the ingress and egress. Chair Charming declared the Public Hearing open. Cliff Shrum, Vice President of the Homeowners Association of Sun Terrace, expressed concern that Sun Terrace and Oaks East would receive stormwater from St. Marks and Catalina Lakes, and recommended the size of the lake be increased to provide more water storage. Principal Planner Kim Glas Castro explained that calculations indicated that the existing drainage system would accommodate drainage; however, alternatives could be explored. Mr. Schrum recommended improving the RCA Boulevard ditch to help with drainage, although that might be difficult since it was owned half by the City and half by the County. Mr. Schrum expressed support for the St. Mark's project from Sun Terrace and the Oaks, but requested drainage be looked at again. A letter regarding the drainage situation written to the City Manager from the Sun Terrace at the Oaks Homeowners Association was referenced. Harvey Stern, member of the Board of Directors of Oaks East, expressed the same concerns addressed by Mr. Shrum and stated this was a joint presentation by the two communities. Mr. Stern commented that the entrance to Oaks East was low and flooded during heavy rains, which was a problem for emergency vehicles; and drainage was a very important concern to the residents. Mr. Stern questioned the need for a pavilion and concession stand if the ball fields were . only to be used for physical education classes; and the need for handicap parking at the ball fields if they were to be used for overflow parking from the church. Mr. Stern described traffic problems at pickup time at St. Mark's school. Hearing no further comments from the public, Chair Channing declared the Public Hearing closed. Rene Tercilla, AIA, from Fanning/Howey Associates pointed out they were not responsible for drainage from other properties, explained that the ball fields were intended to be used for physical education and for league play, and explained the need for rest rooms, a concession stand, and an office. Mr. Lindgren explained that zoning for this property was PDA. Alex Perez, a member of St. Mark's Building Committee and a Registered Engineer, commented he was not the engineer of record for this project but was very familiar with the drainage and history of the drainage. Mr. Perez explained that the original drainage permit was revised when Mr. DiVosta developed The Oaks and this was a further modification; and the intent had always been to incorporate Catalina and St. Mark's into the original drainage plan. Mr. Perez explained that St. Mark's plan had much less impervious area than another type of project might have. Mr. Perez explained that the site retention would accommodate the first inch of rainfall and additional water would flow into pipes underneath, so that some discharge from this site would enter the overall drainage system. Planner Lindgren explained that the pavilion was also intended to be used for teaching physical education classes. Mr. Rauch commented that the drainage concerns needed to be cleared. Mr. Cruz commented code required handicap spaces to be provided at convenient and proximate points, and the applicant did not have much latitude. Mr. Cruz commented in regard to drainage that this was probably the least intensive use possible for the property so that impact should be relatively small, • 5 • Planning & Zoning Commission Minutes April 13, 1999 and requested a better explanation regarding the City Engineer's statement about conceptual drainage plans being converted to detail plans, and also wanted understanding of what drainage alternatives might be. Mr. Cruz requested the truth in landscaping rule be applied to the drawing, and expressed concern that trees might be too far apart. Roofing inconsistencies in the plan were noted. Mr. Cruz requested that the extent of berming and fencing around the ball field area be better established, and received clarification that the property to the west was unplatted. Chair Channing questioned whether berming would be established between parking and the street, to which the applicant responded that landscaping had been planned to allow police to view the parking area from the street. Chair Channing expressed his opinion there were sufficient trees since they were against the building and therefore not used for screening; and commented the asphalt shingle roofing material matched the existing church roof. Chair Channing requested thorough review of the drainage basin by the City Engineer. Mr. Cruz made a motion to recommend approval to the City Council of PUD -99 -01 with conditions 2 -8 as listed in the staff report. The motion was seconded by Mr. Nedvins. During discussion of the motion, Mr. Masters requested an amendment to the condition regarding exploring drainage alternatives that it was the obligation of the City and the City Engineer to investigate drainage alternatives since the applicant could only tie into what he was told to tie into. Mr. Cruz agreed to the amendment and Mr. Nedvins agreed second the amendment. Mr. Glidden recommended an additional ingress /egress curb cut to be located north of the existing dead -end • parking lot, subject to approval of the City Engineer. Mr. Cruz agreed to the amendment and Mr. Nedvins seconded the amended motion. Approval was therefore subject to the following conditions: 1. Prior to the issuance of the final certificate of occupancy, the applicant shall add two (2) Live Oak trees with a clear trunk of eight (8) feet to the Burns Road median. (City Forester) 2. Prior to the issuance of the final certificate of occupancy, the applicant shall add a 24 -inch wide Bahia sod strip around the outside of the proposed Ilex shrub. (City Forester) 3. The applicant, and its successors and /or assigns shall maintain the medians and road shoulders to the east and south of the recreation area as approved. (City Forester) 4. Prior to the issuance of the final certificate of occupancy, the applicant shall complete all landscaping. (City Forester) 5. Prior to the issuance of the final certificate of occupancy, the applicant shall relocate 15 of the existing Sabal Palms on site or along the Gardens East Drive road shoulder in addition to the proposed landscaping. (City Forester) 6. Prior to construction plan approval, lighting and photometric plans shall be submitted for • 6 Planning & Zoning Commission Minutes April 13, 1999 all exterior lighting elements including, but not limited to, building security lighting, landscape highlighting, parking garage lighting, porte cochere or canopy lighting, signage backlighting or uplighting, etc., as well as parking lot lighting. No exterior lighting shall be permitted unless it is approved herein or is subsequently approved administratively. (Planning and Zoning) 7. The applicant and its successors and /or assigns shall be allowed to fence the entire playfields, if walls are not constructed on adjacent properties. (Planning & Zoning). 8. The City Engineer shall explore alternative drainage and provide options for drainage. (City Engineer) 9. An additional ingress /egress curb cut shall be located north of the existing dead -end parking lot, subject to approval of the City Engineer. (City Engineer) The motion carried by unanimous 7 -0 vote. Public Hearing and Recommendation to City Council • Petition TXT -99 -01 MacArthur Banyan Tree Historic Overlay Protection Zone Staff is initiating an amendment to the City's Land Development Regulations to allow City Council to designate historic and archeologically significant sites, and to establish a protective historic overlay zone for the MacArthur Banyan Tree. The proposed historic overlay district is located just north of the intersection of MacArthur Boulevard and Northlake Boulevard (9- 43E -42S) Planner John Lindgren reviewed the staff report. Mr. Nedvins suggested widening the median and moving the roadway farther from the tree. Mr. Glidden received clarification that 200 feet into the corner of each adjacent property would contain protections for the tree.. Principal Planner Kim Glas Castro explained this concept would be a benchmark to protect the tree and provide an entry way into the City and the gateway historic feature would fulfil that concept. Mr. Glidden suggested condemning the land so that the City could control the area. Chair Channing declared the public hearing open. Ken Blair expressed concern regarding specific adoption of the Team Plan landscape plan and indicated as currently proposed this plan had substantial financial, land usage, operations and liability concerns. Mr. Blair requested consideration of modification of language in two areas: the purpose and intent area and in subparagraph seven. Ms. Glas Castro stated staff objected to any specific site plans to be shown at this point since they had not been considered by the Development Review Board. Henry Skokowski commented the documents were a matter of public record and were on file with the City. It was pointed out the plan was not approved but did depict the site and concept. Mr. Skokowski distributed a handout for parcels 12.04 (east) and 12.05 (west) and • 7 Planning & Zoning Commission Minutes April 13, 1999 removed the display board showing these parcels. Mr. Skokowski explained how today's landscape code would affect the two properties and their percentages of landscape coverage. Discussion ensued regarding a landscape plan not being included within the ordinance, and the minutes of the last meeting were referenced. Mr. Skokowski stated he would like to make two statements: (1) that in 1988 Team Plan put together a very elaborate plan for development of streetscapes which was not adopted because it was too expensive and stated that plan should not be included here and it was inappropriate and too grandiose; and (2) the following change was requested in the purpose and intent area: To change the last sentence to read as follows: "The intent of this section is to implement protective measures that preserve and enhance the MacArthur Banyan Tree for residents and future generations, and maintain the MacArthur Banyan Tree as part of an historic entrance to the City of Palm Beach Gardens. " The following change to (7) was requested: "Development which occurs within the MacArthur Banyan Tree Historic Overlay Protection Zone shall be responsive to the historic significance of the MacArthur Banyan Tree and shall provide setbacks and landscape features adequate for establishing a landmark entrance to the City of Palm Beach Gardens. " Chair Channing called for any further comments from the public; hearing none, the public hearing was closed. Mr. Nedvins received clarification from Mr. Skokowski that his proposal would preserve 14% and 11% green space on the two corners at MacArthur Boulevard and Northlake Boulevard. Mr. Cruz stated he had no problem with the language in the purpose and intent section but felt the language • proposed by Mr. Skokowski for paragraph 7 could be considered. Mr. Nedvins was not in favor of changing the existing language. Mr. Glidden questioned whether it was the City's goal to have the developer protect, improve and maintain these areas as opposed to conveying the land to the City, to which Ms. Glas Castro responded that specific question had not arisen, and that reference to the Team Plan was intended only to show that a plan had been done in the past showing these were special areas requiring special treatments in the future and not that the specific size or massiveness shown on the plan must be met in the future. Mr. Glidden suggested the City get together with the Developer and carve out the specific areas the City wished for this purpose instead of being so vague, and require some money from the developer for the City to develop the gateway as they desired. Mr. Solomon recalled that the Team Plan plan would not be attached but had only been discussed to emphasize the concept of more significant landscaping and roadway treatment than normal, and suggested language in the purpose and intent section following the statement "The intent of this section is to implement protective measures that preserve and enhance the MacArthur Banyan Tree for residents and future generations, to then delete reference to the specific plan and make a general statement that the City will look at a particular plan when submitted for the area but will expect it to be something more than just the tree and road right - of -way and to treat the surrounding area as well. Mr. Solomon requested deleting any specific reference to the Team Plan plan in paragraph 7 and to go with Mr. Skokowski's suggestion to treat the surrounding area by way of concept. Mr. Masters recommended the City should own the property for the gateway and be responsible for its design, construction, and maintenance; and expressed his opinion that to place on an outside party the obligation to maintain forever and a day the integrity of the tree was onerous legislation. Chair Channing commented he had voted for this at the last meeting with the understanding that the Team Plan sketch would not be a part of the ordinance, stated his belief that all future plans • 8 • Planning & Zoning Commission Minutes April 13, 1999 would be compared with the Team Plan plan, and that the sketch should not be a part of the ordinance. Planner Norquest cautioned against weakening the ordinance since the developer was unknown. Chair Channing agreed. Planner Lindgren clarified that the last vote was made by the Commission sitting as the LDRC and the vote was that the application was consistent with the Comprehensive Plan. Chair Charming stated that in expressing his opinion he was speaking only for himself. Mr. Cruz made a motion to recommend approval to the City Council of Petition TXT -99 -01 with the proviso that "we not marry ourselves to the Team Plan plan'. Mr. Masters seconded the motion. During discussion of the motion, Mr. Nedvins expressed his opinion that the language should not be weakened or deleted at this point since it would be easier to negotiate down than back up and recommended approval as presented and letting staff deal with the proposals. Mr. Glidden expressed his opinion it was a mistake to include the Team Plan plan. Mr. Solomon expressed his opinion that neither the Team Plan plan or a specific number of acres should be tied to the approval at this time. Mr. Cruz clarified that the motion was to approve the petition as written, with a comment from the Commission that they not marry themselves to the Team Plan plan. Discussion ensued. Planner Lindgren recommended a change to the language in paragraph 7 to accomplish the desires of the Commission. Chair Channing agreed that would be one way to do it but another way would be to say that the plan was attached as a reference to show one design that had been done which was not necessarily the only design to be considered. Other changes were suggested. Planner Glas Castro commented that if consensus could be achieved on a motion she • believed staff could work out the language. Mr. Glidden clarified that everyone agreed to protect the banyan tree, to create a gateway, and that it should be an impressive statement encompassing land on both sides of the entry way, and that exactly how much land and the design were unknown and suggested quantifying the amount of land. Chair Channing disagreed with quantifying the amount of land. It was suggested that staff be allowed to draft language and bring it back to the Commission. Mr. Cruz withdrew his motion. Mr. Glidden made a motion to recommend approval to the City Council of Petition TXT -99 -01 with the following provision: that Item 7 be reworded to read as follows: Development which occurs within the MacArthur Banyan Tree Historic Overlay Protection District shall provide for a substantial gateway design to the entrance of the City at that location including the use of fountains, pools, and intense landscaping vegetation and of an overall area sufficient to complete the statement in the opinion of the City staff and City Council. Mr. Masters seconded the motion. The motion carried 6 -1, with Mr. Nedvins opposed. Public Hearing and Request to Continue Petition TXT -99 -02 Valet Parking Ordinance Staff is initiating an amendment to the City's Land Development Regulations to include the definition for the tern: "valet parking" in Chapter 78, and to include the definition, applicability, and the permitting process for valet parking in Chapter 118 of the City Code. • 9 • Planning & Zoning Commission Minutes April 13, 1999 Chair Charming opened the public hearing for Petition TXT -99 -02 Valet Parking Ordinance. Planner John Lindgren presented a staff request for more time to prepare the valet parking ordinance petition. Mr. Nedvins made a motion to continue the Public Hearing for Petition TXT -99 -02 to the next meeting. Mr. Masters seconded the motion, which carried by unanimous 7 -0 vote. Public Hearing - Request to Postpone Petition 7XT -99 -03 Outdoor Seating Ordinance Staff is initiating an amendment to the City's Land Development Regulations by revising the definition "Outdoor seating" in Chapter 78 and revising Chapter 118 - 311(x) of the City Code. Currently, these revisions will remove the phrases "or other commercial business, establishment ", and "or to any other commercial business or other use within the same building'; from the City Code. Planner John Lindgren presented a staff request an indefinite postponement of the outdoor seating • ordinance petition. Mr. Nedvins made a motion to postpone the Public Hearing for Petition TXT -99 -03 indefinitely until staff chooses to place this item back on the agenda . Mr. Solomon seconded the motion, which carried by unanimous 7 -0 vote Public Hearing - Request to Postpone Petition TXT -99 -05 Automobile Dealerships Staff is initiating an amendment to the City's Land Development Regulations to include "Automobile Dealerships" in Chapter 118 of the City Code. The language of this section shall include the details of where and how automobile dealerships shall be permitted to operate in the City, and what requirements and restrictions shall accompany this use. Planner John Lindgren presented a staff request an indefinite postponment of the automobile dealerships ordinance petition. Mr. Solomon made a motion to postpone the Public Hearing for Petition TXT -99 -05 indefinitely.. Mr. Masters seconded the motion. During discussion of the motion, Mr. Nedvins expressed his opinion that the original petition should be resubmitted Motion carried by 6 -1 vote, with Mr. Nedvins opposed • 10 • Planning & Zoning Commission Minutes April 13, 1999 Public Hearing Petition TXT -99 -07 Sign Code Revisions Staff is initiating an amendment to the City's Land Development Regulations to provide minor revisions to Chapter 110 entitled "SIGNS". Planner II Ed Tombari presented the staff report, answered questions, and explained that code did not allow an amortization period or deal with future nonconformities created by sign code revisions, and those changes would be presented by staff to the Planning & Zoning Commission and to City Council to see if code changes were desired. Chair Channing questioned backlighting signage at a housing development entry, to which Mr. Tombari responded by clarifying that lettering on entry feature walls was not considered to be ground signs, and that the wording in the proposed amendment would not prevent wall signage near an entry being lit. Mr. Glidden suggested changing the wording ground floor line to 36" above the second floor line. A development sign was defined as a temporary sign. A project supplier sign was defined as a sign on a construction site requesting suppliers or tradesmen. Mr. Solomon requested that in the next revision that a subdivision entry sign be excluded from the definition in paragraph D on page 2, that wording be added: and may be lit by other than ground back lighting, and • that the grandfathering concept be added that anything previously approved will be permitted to exist indefinitely. Principal Planner Kim Glas Castro clarified that shopping center signs which became non- conforming as a result of adoption of a maximum letter height would be grandfathered in indefinitely; all other nonconformities would be amortized out. Chair Channing declared the Public Hearing open. Tom Bills commented that his family owned a strip shopping center located at the southeast corner of PGA and U.S. One and questioned whether the signage there would be grandfathered indefinitely. Planner Tombari clarified that this was technically a commercial building and the proposed language amendments would bring this building's signage into the exempt category. Planner Tombari clarified that in the event of a hurricane in which more than 50% of the signs were destroyed, a property owner would be held to some criteria regarding construction, relocation, and alteration. Chair Channing declared the Public Hearing closed. Mr. Solomon made a motion to recommend approval of TXT -99 -07 to the City Council with the clarifications that were discussed to be made concerning various signs and changing the floor level to be 36" above the second floor level, consistent with the discussion. Mr. Masters seconded the motion. The motion carried by unanimous 7 -0 vote. Public Hearing Petition TXT -99 -08 Non - Conformities Staff is initiating an amendment to the City's Land Development Regulations to prov ide revisions to • 11 • Planning & Zoning Commission Minutes April 13, 1999 • Article VIII entitled "NONCONFORMITIES': Planner II Ed Tombari presented the staff report dated April 13, 1999. Chair Channing declared the Public Hearing open. Hearing no comments from the public, Chair Channing declared the Public Hearing closed. Mr. Nedvins made a motion to approve Petition 7XT- 99 -08. Mr. Cruz seconded the motion, which carried by unanimous 7 -0 vote. Public Hearing - Request to Postpone Petition TXT -99 -09 City Landscaping Maintenance Standards Staff is initiating an amendment to the City's Land Development Regulations to provide minor revisions to Chapter 98 entitled `Landscaping and Vegetation Protection': Mr. Nedvins made a motion to approve posq)onement of Petition TXT -99 -09 to the next meeting. Mr. Solomon seconded the motion, which carried by unanimous 7 -0 vote. Workshop TXT -99 -06 Development Review Process Test Amendment Staff is initiating an amendment to the City's Land Development Regulations to r� revisions to Chapter 114 entitled `:SUBDIVISIONS ", and Chapter 118 entitled "ZONING': Chair Channing requested petition TX -99 -06 be postponed to the next meeting since the information had only been received that evening. Principal Planner Kim Glas Castro requested that this petition be first on the next agenda. Mr. Masters expressed his opinion that regarding comments by Building Official Jack Hansen regarding increasing the space between residential units from 10 feet to 12 feet that instead an acoustical performance standard should be in place and used rather than erecting a solid wall in front of an air conditioning unit, which could destroy the effectiveness of the unit. The need for platting was questioned, to which Principal Planner Kim Glas Castro responded it was the goal of the City Engineer to have every piece of property platted. It was suggested that proposed time periods in Chapter 118 were too short, that increasing space between residential units was not necessary, and that Section 114 -4 was unduly restrictive. Replatting was discussed. • 12 • Planning & Zoning Commission Minutes April 13, 1999 LAND DEVELOPMENT REGULATIONS COMMISSION (LDRC) The roll was called by Jackie Holloman, Secretary for the meeting. Present Absent Joel Channing, Chair Diane Carlino John Nedvins, Vice Chair John Glidden, Chair Pro Tern Daniel Lee Cruz, Alternate Richard Masters Dennis Solomon Ted Rauch, Alternate • Recommendation to City Council Petition TXT -99 -06 Development Review Process Text Amendments Staff is initiating an amendment to the City's Land Development Regulations to provide revisions to Chapter 114 entitled "SUBDIVISIONS ", and Chapter 118 entitled "ZONING': It was clarified that voting to approve Petition TXT -99 -06 as being consistent with the Comprehensive Plan did not adopt the text. Mr. Nedvins made a motion to approve Petition TX- 99 -06. Mr. Glidden seconded the motion. Mr. Masters stated he would be more comfortable dealing with this issue after the workshop had been held at the next meeting. Chair Channing called for public comments; there were no comments from the public. Motion carried 6 -1, with Mr. Masters opposed. • 13 • Planning & Zoning Commission Minutes April 13, 1999 LOCAL PLANNING AGENCY The roll was called by Jackie Holloman, Secretary for the meeting. Present Absent Joel Channing, Chair Diane Carlino John Nedvins, Vice Chair John Glidden, Chair Pro Tern Daniel Lee Cruz, Alternate Richard Masters Dennis Solomon Ted Rauch, Alternate Workshop Comprehensive Plan Amendments: • a. Western Northlake Corridor Planning Area b. Intergovernmental Coordination Element c. MacArthur Banyan Tree Historic Protection Overlay Zone d Assisted Living Facilities Principal Planner Kim Glas Castro reviewed the staff report and explained these were all staff - initiated amendments. Mr. Solomon questioned whether he should step down because he was affiliated with the Devonshire ALF. Ms. Glas Castro responded that Mr. Solomon did not need to step down since this did not deal with that specific project, and this was a workshop. a. Western Northlake Corridor Planning Area In response to a question regarding whether all three government agencies must participate, Ms. Glas Castro clarified that all three government agencies were involved but each was not to required to comment. b. Intergovernmental Coordination Element Ms. Glas Castro explained that this amendment was statutorily required and the intent to provide better coordination between agencies and municipalities. c. MacArthur Banyan Tree Historic Protection Overlay Zone • 14 . Planning & Zoning Commission Minutes April 13, 1999 Ms. Glas Castro explained this would add a policy to the Comprehensive Plan dealing with the historic overlay zone at MacArthur Boulevard. Ms. Glas explained the rationale behind making these amendments to the Comprehensive Plan was to add to the policies of the City. The attorney explained it was always better legally to have policies in the Comprehensive Plan. d. Assisted Living Facilities Ms. Glas Castro explained that this item had been a deficiency in the EAR. Mr. Tombari provided an overview regarding what was currently in the Comprehensive Plan and the amendment proposed to be added, and explained that developers were interested in these types of projects. OLD BUSINESS There was no old business to come before the Commission. NEW BUSINESS • There was no new business to come before the Commission. • 15 • • • Planning & Zoning Commission Minutes April 13, 1999 ADJOURNMENT There being no further business, upon motion by Mr. Solomon, seconded by Mr. Nedvins, and unanimously carried, the meeting was adjourned at 11:00 p.m. The next meeting will be held April 27, 1999. APPR( Absent Diane Carlino Den is Solon Richard Masters Dame ruz, Alternate Tedlauc ; Alternate kA, A"/ (-AJ- N-4 '�&- C" Ja oman, Planning Technician R o ding Secretary 16