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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 Pastore that the previously requested on -site security trailer had been withdrawn from the application, a sanitary facility had been approved by the City Engineer, and the sign was permanently located at the corner of Hood Road and Military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 • 2 0 Planning & Zoning Commission Minutes 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 40 3 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. • 4 Planning & Zoning Commission Minutes 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 0 ;;4*,/ —�A Thomas Pastore (Absent) Thomas Paganini (Absent) Christopher Jones ns, Alternate Joel Channing, Alternate J ie Holloman, - ecretary • 5