HomeMy WebLinkAboutMinutes P&Z 0613950
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CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
JUNE 13, 1995
MINUTES
The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach
Gardens, Florida, was called to order by Chairman Carl Sabatello 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 Jackie Holloman, Secretary for the meeting:
Present Absent
Carl Sabatello, Chairman John Glidden
Diane Carlin, Vice Chair Daniel Honig
Phillip Lyddon
William Mignogna
Thomas Pastore
Christopher Jones, Alternate
Tom Paganini, Alternate
Also present at the meeting were Assistant City Manager Greg Dunham, Assistant City Attorney
Paul Golis, City Council Liaison David Clark, Planning and Zoning Director Richard Walton,
and Principal Planner Bristol Ellington.
ITEMS BY PLANNING AND ZONING DIRECTOR
There were no items from the Planning and Zoning Director.
ITEMS BY CITY COUNCIL LIAISON
City Council Liaison Clark reported that at a special meeting of the City Council the
Frenchmen's Creek restaurant application had been denied 4 -0.
APPROVAL OF MINUTES:
Minutes of May 23, 1995 - Mr. William Mignogna made a motion to approve the minutes as
submitted. The motion was seconded by Mr. Thomas Pastore. The motion was approved by a
4 -0 vote. Vice Chair Carlin, Mr. Phillip Lyddon, and Chairman Sabatello abstained from
voting on the minutes since they were not present at the May 23, 1995 meeting.
Planning & Zoning Commission Minutes
June 13, 1995
PLANNING AND ZONING COMMISSION
Public Hearing: Ordinance 7, 1995, an ordinance amending Chapter 159 of the code of
Ordinances, entitled "Zoning Regulations" to create Section. 159.087, entitled
"Newsrack" .
Principal Planner Bristol Ellington reviewed the staff report dated June 8, 1995, and explained
that this Public Hearing had been postponed from the May 23, 1995 meeting. --
Chairman Sabatello commented that vehicular safety was one of the biggest concerns of the
Commission. Assistant City Attorney Golis responded that had been addressed under Section
159.087(5)(E) which prohibited installation of newsracks in locations which would endanger the
safety of residents. Chairman Sabatello suggested that Section 159.087(5)(M) be standardized to
fifteen feet for any of the conditions listed, and requested that a provision be added to Section
159.087(5)(N) which would limit the number of newsracks to three at one location for any one
publication; to which the other Commission members agreed. Chairman Sabatello requested
clarification of "proper notice and hearing" in Section 159.087(9)(B); Mr. Lyddon requested
correction of typographical errors- -that (3) be changed to (30) in Section 159.087(8)
Abandonment, and "property" be changed to "properly" in Section 159.087(9)(B). Chairman
Sabatello suggested in the event of an emergency such as a hurricane that the owners of the
newsracks should be responsible for securing them rather than placing an additional burden on
staff to notify the owners to do so. Assistant City Attorney Golis stated that he would prepare
language to that effect. Mr. Mignogna questioned why screening had been eliminated, to which
Attorney Golis responded that Coral Gables' ordinance addressing aesthetics had been challenged
and this ordinance was only addressing safety so that it hopefully would not be challenged. Mr.
Lyddon inquired as to the length of time allowed in Section 159.087(10)(C) for existing
newsracks to conform. After discussion, the Commission agreed to limit the time to 3 years.
Mr. Pastore inquired about administrative fees to cover staff's time for processing applications
and code enforcement. Mr. Lyddon cautioned that there must be a record of proceedings before
the Commission showing how such fees were determined; Chairman Sabatello stated it must be
clear to the applicant what the fee was spent on, and requested that Attorney Golis add this item
to the ordinance.
Chairman Sabatello declared the Public Hearing open.
Attorney Steven Marks, Counsel for the Palm Beach Post, whose office was located at 1900
Phillips Point, 777 S. Flagler Drive, West Palm Beach, Florida, stated that he was not present in
an adversarial position but was concerned for safety. Attorney Marks explained that the Post
was willing to work with the City in specific problem locations to rectify any safety concerns,
that they had approximately 50 racks in Palm Beach Gardens which were maintained in good
condition, and voiced concerns regarding provisions within the ordinance, including concern that
is advertising future special issues of the paper might not be allowed. Another concern was that
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Planning & Zoning Commission Minutes
June 13, 1995
15 -20 racks were on gravel locations which could possibly be considered swale areas, and the
applicable language did not allow movement of the newsrack. Chairman Sabatello commented
that the ordinance was not meant to prohibit existing newsracks. Discussion of swale areas
ensued in which Chairman Sabatello explained that the Commission was concerned with damage
to the property and traffic safety, and requested that any help Attorney Marks could provide to
suggest language would be appreciated. Attorney Marks suggested a meeting with the City
Attorney and possibly representatives of other vendors to discuss language more specifically.
Further discussion ensued regarding the definition of right of ways. Chairman Sabatello
commented that Swale areas would be addressed further.
Attorney Marks addressed weight restrictions which Chairman Sabatello stated the Commission
would be happy to modify according to specifications provided. Attorney Marks expressed
concern that the width restrictions would not allow double newsracks; Chairman Sabatello
suggested that the language clarify that the width was per newsrack. Attorney Marks addressed
the restriction of three newsracks at one location containing the same issue or edition and
expressed concern that different editions might not be allowed at the same location; however,
Attorney Golis commented that was allowed under the present language. Attorney Marks
addressed the liability section of the ordinance on page 5 of the draft ordinance which did not
contain a specific amount for a liability insurance policy. Attorney Golis responded that the
language had been taken from the City of Boynton Beach's ordinance, and that he could check
ordinances of other cities. Chairman Sabatello requested that the Post provide a number they
would be comfortable with for the Commission to consider, along with any other suggestions.
Mr. Jones expressed concern that a dollar figure was subject to change which would then
necessitate changing the ordinance.
Chairman Sabatello requested that suggested language be provided as quickly as possible in order
that the ordinance not be further delayed. Assistant City Manager Dunham commented that the
liability language would be reconsidered.
There being no further comments, Chairman Sabatello declared the Public Hearing closed.
Mr. Lyddon commented that he believed the language should be changed in Section 159.087(7)
relating to conditions which applied to private property locations so that it was clear as to which
conditions would apply and which would not. After discussion, Assistant City Attorney Golis
agreed to address those concerns.
Chairman Sabatello declared the public hearing continued to July 11, 1995 to allow sufficient
time for the Post to provide input and changes to be made by the City's attorney.
Workshop: Petition PUD- 95 -02, by Anthony Oliver, agent for Palm Beach Gardens
Medical Center, to amend the Palm Beach Gardens Medical Center Planned Unit
Development to clarify the current and proposed square footage calculations for the
hospital, to add a 13,000 square -foot third floor to the Medical Office Building, to add a
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June 13, 1995
new 2,000 square -foot meeting room, and to reconfigure the parking lot. Located on the
south side of Burns Road and east of Gardens East Drive. (7- 42S -43E)
Chairman Sabatello stated that a letter had been received from Oliver and Glidden requesting
postponement of this item to July 11, 1995.
Workshop: Petition CU -95 -03 by Dean Turney, agent for John D. and Catherine T.
MacArthur Foundation, for Conditional Use approval on properties owned by the
MacArthur Foundation for existing and proposed agricultural uses within the City of Palm
Beach Gardens.
Principal Planner Bristol Ellington reviewed the staff report dated June 9, 1995. Mr. Ellington
explained subsequent to the staff report information had been received from Palm Beach County
regarding the petitioners request for agricultural exemption on certain parcels within the City
which were not included in this petition. Mr. Ellington questioned why those parcels were not
included in this petition. Also, several parcels had previously been rejected by the City for
agricultural exemption, of which two were being considered for purchase by the County and the
City would need clarification of the uses for those parcels. Mr. Ellington requested that the
petitioner provide tax valuation assessment information for each of the parcels for further review,
and requested direction from the Commission whether a workshop would be needed before the
required public hearing.
Chairman Sabatello questioned how the City would be affected besides taxation. Planning and
Zoning Director Walton explained that this petition would provide a record of uses occurring on
the sites. Discussion ensued regarding possible heavy agricultural use and the necessity to buffer
a parcel from neighboring urban areas, as well as apiary areas and resulting public safety issues.
Mr. Lyddon pointed out the existence of exotics on certain parcels and questioned whether
conditional use could be approved without providing for a program to remove the exotics and
asked that this matter be addressed. Mr. Lyddon questioned whether there were burning
restrictions to which Director Walton responded that permits must be obtained from the County
Health Department and the Fire Department. Mr. Jones questioned since on Parcel 28 in
addition to an apiary there was also grazing whether there should be limitations on the number of
cattle to lessen impact on neighboring urban parcels. Chairman Sabatello commented that after
information had been collected that conditions would be established for the parcels.
Dean Turney, agent for the petitioner, commented that he had checked with the Code
Enforcement Department and found no record of complaints regarding these parcels other than
vandalism. Mr. Turney stated that one head of cattle per ten acres would be the norm, so that
the concern of too many cattle being placed on a parcel was not an issue. Mr. Turney addressed
comments made by the Commission members, explained that he did not believe the conditional
use would affect the City, verified that the same amount of taxes would be received by the City,
and that new services would not be required. Mr. Turney commented that the petitioner was
asking that what was on the property be allowed to remain.
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Chairman Sabatello stated he did not see a need for a workshop. This petition will be advertised
for Public Hearing 7/11/95.
OLD BUSINESS
Assistant City Attorney Golis reported that his research had revealed no time limitation for
advisory board member to be off the board before coming back on the board.
Mr. Jones questioned whether further discussion had been held regarding Resolution 55, 1995.
Assistant City Manager Dunham responded that discussion was scheduled for the first City
Council meeting in July, and that the curfew had not allowed sufficient time for this discussion at
the last meeting.
NEW BUSINESS
Chairman Sabatello expressed concern that the PGA Boulevard landscaping west of Military to
the Turnpike would never have been approved for a petitioner, described a problem on the south
side of PGA where weeds were allowed to remain, and questioned how funds could be
appropriated so that area could be sodded. Planning and Zoning Director Walton reminded the
Commission that this improvement had been provided in conjunction with a development at no
cost to the City, and that such areas would be addressed as development progressed, through the
streetscape program as funds were available, and through grants. Chairman Sabatello suggested
that since the City was developing at a rapid rate that possibly sufficient funds were not being
collected through building permits and approvals for allocation for beautification of the City, and
impact fees might be necessary which could be collected on each individual new dwelling to
apply for beautification of the entire City. Director Walton explained that at a previous
workshop staff had suggested that NPBWCD manage and fund parkways and current direction
was to work toward a special benefit district. Since the MacArthur Foundation had objected to
providing funding and expressed the need for a parkway taxing district, and because the
excessive amount of time which would be required had never been available, this controversial
matter had not been pursued by staff. Planning and Zoning Director Walton explained that
maintenance of streetscape landscaping was very costly. Chairman Sabatello stated that he did
not believe taxes could be imposed to pay for beautification of the City, and appreciated that staff
was working on various plans, however funds were not available. Mr. Mignogna quiestioned
whether the City had any say in the widening of Northlake Boulevard to which Director Walton
responded that the City had provided $500,000 towards the project, however, the City's appeal
to the County to help with lighting had not found support. Assistant City Manager Dunham
verified that the City had received no help with landscape along the street but did get a
meandering sidewalk on the south side of Northlake. Chairman Sabatello commented that he
appreciated the efforts that had accomplished additional streetscape landscaping, however,
believed that if development was taking place that it was necessary to have a program to continue
beautification of the areas that were being impacted, and that such a program could not be kept
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June 13, 1995
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on track without a projected stream of dollars. Director Walton explained that at present staff
was pursuing grants and trying to get contributions from others, that the City had been very
successful in obtaining grants and the resulting projects would be visible in the near future, and
that the Streetscape Plan developed by Team Plan was an excellent plan which had won various
awards, however, funding was just not available and at present projects were not required to
provide fees for beautification except on PGA Boulevard.
Mr. Mignogna questioned whether there would be a sidewalk on the north side of Northlake
Boulevard, however that was unknown. Mr. Mignogna inquired whether there would be a
traffic light in front of Steeplechase, to which Director Walton responded that since that would
become a four way intersection in alignment with BallenIsles there probably would be a light.
Assistant City Attorney Dunham responded to Mr. Mignogna's question regarding the timetable
for widening Northlake that he believed the present lull in work was due to the bids being let for
actual construction. The severe traffic problem of turning onto Northlake from Cypress Hollow
was discussed.
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Planning & Zonin g Commission Minutes
June 13, 1995
ADJOURNMENT
There being no further business, upon motion by Ms. Diane Carlino, seconded by Mr. William
Mignogna, and unanimously carried by a 7 -0 vote, the meeting was adjourned at 9:30 P.M.
The next meeting will be held June 27, 1995.
APPRO
Carl Sa6atello, Chairman
Absent)
John Glidden
Diane Carlino, Vice Chair
(Absent)
Daniel Honig
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Phillip Lyddonf U William Mignogna
Thomas Pastore
Yom Paganini, temate
J c 'e Holloman, Secretary
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Christopher ones, Aertiate