HomeMy WebLinkAboutMinutes P&Z 052797• CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
May 27, 1997
MINUTES
The Regular Meeting of the Planning and Zoning Commission of the City
of Palm Beach Gardens, Florida, was called to order by Chair Diane
Carlino at 7 :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.
The roll was called by Secretary Jackie Holloman:
Present Absent
Diane Carlino John Glidden
William Mignogna Christopher Jones
John Nedvins Jeffrey Ornstein
Thomas Pastore Thomas Paganini
Joel Channing
Also present at the meeting were Assistant City Manager Greg Dunham,
City Council Liaison David Clark, City Attorney Carol Wallace,
Planning and Zoning Director Kim Glas Castro, Principal Planner Marty
Minor, and Planner Bahareh Keshavarz.
ITEMS BY PLANNING AND ZONING DIRECTOR
There were no items by the Planning and zoning Director.
ITEMS BY CITY COUNCIL LIAISON
There were no items by the City Council Liaison.
Minutes of May 13.1997 - Mr. Mignogna made a motion to approve the
minutes as submitted. Mr. Pastore seconded the motion, which carried
by unanimous 5 -0 vote.
PLANNING AND ZONING COMMISSION
Workshop Petition CU-96-0 6, by Joseph J. verdone, agent for Mecca
Farms, Inc., is requesting a conditional use approval to amend table
1 and table 2 of Resolution 125, 1995 which approved a conditional use
Planning & Zoning Commission Minutes
for the existing and proposed agricultural uses. (36- 41S -42B)
Principal Planner Marty Minor reviewed the staff report dated May 22,
1997.
Joseph J. Verdone, agent for the petitioner, stated that all
conditions of approval were acceptable; and explained in response to
a question from Mr. Pastore that the previously requested on -site
security trailer had been withdrawn from the application, a sanitary
facility had been approved by the City Engineer, and the sign was
permanently located at the corner of Hood Road and Military Trail with
landscaping around it, and that hours and months of operation would
be added. The entrance would be gated during months the business was
not in operation. No members of the Commission expressed any problems
with the sign.
The Public Hearing for Petition CU -96 -06 was announced for the next
meeting.
workshop: outdoor Seating Ordinance, by City of Palm Beach Gardens
staff, to amend the City's Land Development Regulations to allow for
outdoor seating and dining areas within nonresidential and residential
districts, excluding single family homes.
Principal Planner Marty Minor reviewed the staff report dated May 27,
1997, a memorandum from City Attorney Carole Wallace, and a memorandum
from Scott A. Fetterman, Assistant Chief /Fire Marshall regarding the
proposed ordinance. Mr. Minor commented that with the addition of
outdoor seating, in effect a restaurant was being expanded without
walls. Chair Elect Mignogna commented that the kitchen's cooking
capacity would restrict the number of patrons. Mr. Minor explained
that the City Engineer's comments had been incorporated into the
ordinance. Mr. Minor explained that one restaurant had been cited and
numerous others warned, and if this ordinance should be adopted then
it would be used in those cases. Mr. Nedvins commented that a good
set of guidelines was in place in Boca Raton where he had a shopping
center. Mr. Minor advised that staff had consulted Boca Raton and
that they treated outdoor seating similar to site plan approvals. Mr.
Nedvins recommended that the landlord be made a part of the process.
Chair Carlino brought up hours of operation in shopping centers.
Chair Elect Mignogna questioned whether the hot dog vendor request
made previously would be allowed under this ordinance, to which Mr.
Minor responded that would still fall under outdoor sales. Discussion
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ensued regarding the outdoor seating at Publix.
Mr. Minor advised that revisions would be made in accordance with
comments from this meeting and then the ordinance would be brought
back for Public Hearing.
Mr. Nedvins asked whether specific restaurants had been reviewed to
determine their present situation and how that situation would change
under this ordinance. Mr. Minor responded that had been done for the
shopping centers, and that analyses could be provided at the public
hearing for individual restaurants. Planning and Zoning Director Kim
Glas Castro commented there were restaurants that currently had
outdoor seating illegally that would not meet parking requirements
under the proposed ordinance and would need City Council approval.
Mr. Minor explained that Manhattan Bagel in Promenade Plaza had been
cited in response to a complaint made because their outdoor seating
had extended in front of other businesses.
Mr. Nedvins questioned whether the City had created an unenforceable
situation by allowing outdoor seating to exist for a period without
enforcement. Attorney Wallace responded that business owners could
not rely on a defense that they had had some sort of waiver because
of lack of enforcement, and that adequate staff was needed for
enforcement. Mr. Minor explained that restaurants would be notified
of the Public Hearing and the meeting where adoption of the ordinance
would be considered.
Mr. Nedvins questioned whether outdoor seating with a roof overhead
should have sprinklers, to which Mr. Minor responded that the Fire
Department would be consulted. Attorney Wallace explained that these
situations would defer to ADA, Building, and Fire Codes. Mr.
Channing expressed the opinion that outdoor seating should be
encouraged and that rather than granting variances, overlapping use
of parking could be considered when one restaurant in a shopping
center might only be open in daytime and another only at night.
Discussion ensued regarding reserving the right to request a traffic
study if warranted, and whether it was the consensus of the Commission
that outdoor seating should be considered on a case -by -case basis
rather than placing special waivers into the ordinance. Mr. Channing
commented from his own experience as a petitioner that approval was
sometimes difficult when the petitioner was asking for something a
little different. Attorney Wallace advised that certain conditions
for waivers could be built into the ordinance which would address
concerns of the Commission. Mr. Minor explained how parking spaces
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Planning & Zoning Commission Minutes
within a shopping center were divided up among the different
businesses. Mr. Mignogna expressed his opinion that the parking
should not be over regulated, and that the parking would seek its own
level.
Discussion ensued regarding whether the landlord should be involved.
Mr. Nedvins stated that regulations were necessary so that outdoor
seating would not be abused. How to be liberal but make people
accountable was discussed. Mr. Minor expressed hope that a lot of
restaurants would fall under administrative approval so they would not
have to go through a process before the Planning and Zoning Commission
if they only wished to add a small number of tables. Mr. Minor
explained that a request in a shopping center such as Crossroads,
which had the exact number of parking spaces required, could be
handled administratively if the restaurant moved four inside tables
outdoors to create four tables of outdoor seating.
Mr. Minor explained that if the proposed ordinance was not approved
that restaurants would either have to be cited or would have to go
through a site plan approval process and seek waivers from the
existing regulations. Chair Elect Mignogna suggested tieing outdoor
seating to linear footage of a restaurant rather than parking, such
as one outdoor table for each ten linear feet. Chair Carlino
suggested tieing to the legal capacity. Discussion ensued.
Commission members expressed the hope that some control could be
established without overregulation. Mr. Pastore expressed the opinion
that public safety and accessibility should be emphasized rather than
parking.
The Public Hearing was announced for the next meeting.
OLD BUSINESS
There was no old business to come before the Planning and Zoning
Commission.
NM BUSINESS
There was no old business to come before the Planning and Zoning
Commission.
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There being no further business, upon motion by Mr. Pastore, seconded
by Chair Elect Mignogna, and unanimously carried, the meeting was
adjourned at 8:30 P.M. The next meeting will be held June 10, 1997.
APPROVED:
Diane Carlino, Chair
t
WilITam Mignogna, Chair Elect
(Absent)
John Glidden
(Absent)
Jeffrey Ornstein
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Thomas Pastore
(Absent)
Thomas Paganini
(Absent)
Christopher Jones
ns, Alternate
Joel Channing, Alternate
J ie Holloman, - ecretary
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