HomeMy WebLinkAboutMinutes P&Z 041399•
Revised 4/27/99
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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.
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• 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.
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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
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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
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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,
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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
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. 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
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•
•
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