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HomeMy WebLinkAboutMinutes P&Z 032393CITY OF PALM BEACH GARDENS, FLA. PLANNING AND ZONING COMMISSION MARCH 23, 1993 MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chairman Jeffrey Ornstein 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 the secretary and present were: Chairman Jeffrey Ornstein, Vice Chairman Joseph Hamzy, Alan Strassler, Carl Sabatello, James Leatherman, Members; and, Diane Carlino and Dan Shalloway, Alternate Members. Domenick Lioce, Member, was not in attendance. REPORT FROM THE MAYOR • Mayor Joseph Russo said the City has new Council members and the City is going to try to come together and push ahead. He said the Council will be looking toward the Commission to become more actively involved. Mayor Russo said the Council will act as the "business managers" and not redesign every project after the Commission had redesigned the project. Mayor Russo said that the new City Council liaison will probably be selected on Thursday. He encouraged the Commission to provide the Council with input on what can be done better in the City. He said he is also the interim City Manager while the City searches for a permanent City Manager. Chairman Ornstein asked if the Commission could have the City Attorney at the Commission meeting. • Mayor Russo said that he thinks that would be a great idea. He said he will bring that back to the City Council. • APPROVAL OF MINUTES OF MEETING OF MARCH 9,1993 Mr. Joseph Hamzy made a motion to approve the minutes of the March 9, 1993 Planning and Zoning Commission meeting. Ms. Sabatello seconded the motion. The minutes were approved by a 7 -0 vote. PUBLIC HEARING: Petition CU -93 -02 ( Ebisu Japanese Restaurant), by Akemi Sokal of Ebisu Japanese Restaurant, agent for Shoppes on the Green Associates, Ltd., for a conditional use in the Planned Community District /Planned Unit Development zoning district to allow for a 2COP alcoholic beverage license which allows for the sale /service of beer and wine for on- premise consumption; and, Petition VAR- 93 -01, a petition for an exemption to the requirement of Chapter 112, Section 112.21 of the Palm Beach Gardens Code of Ordinances relative to the distance restriction of 750 feet between alcoholic beverage vendors. Located in the Shoppes on the Green shopping center, located south of PGA Boulevard and east of Fairway Drive in the PGA National residential development. (10- 42S -42E) • Mr. Bristol S. Ellington, City Planner, reviewed the March 18, 1993 staff report for the above - referenced petition. Mr. Ellington said the petitioner, Ms. Akemi Sokal, was here if there was any questions by the Commission. The Commission had no questions of the petitioner. Chairman Jeffrey Ornstein opened the Public Hearing. Upon hearing no public comments on this petition, Chairman Ornstein closed the Public Hearing. Motion Mr. Joseph Hamzy made a motion to recommend to the City Council approval with no conditions for Petition CU -93 -02 and the following condition for Petition VAR- 93 -01: Per Section 112.22 of the City Code, at lease 51 percent of its gross revenue shall • derive from the sale of food and nonalcoholic beverages. Ms. Diane Carlino seconded the motion. • The motion was a pp roved by a 6 -1 vote with Chairman Je ffr ey Ornstein abstaining. OLD BUSINESS Mr. Dan Shalloway suggested that the Commission recommend in its annual report that the 750 foot distance requirement for a 2COP alcohol license be eliminated. Chairman Ornstein said that change could be added to the revisions to the City's proposed Land Development Regulations. He said the City Council will be sending the regulations back to the Commission for more revisions. Chairman Ornstein said the City Council will be placing more emphasis on staff and the Commission on planning issues. Mr. Rich Walton, Planning and Zoning Director, said the Council will focus its attention on the big policy issues. • Chairman Ornstein said in the recent weeks, there have been discussion concerning ethics and conflict of interest. He said City Attorney Bill Brant determined that it is illegal for Mr. Domenick Lioce to sit on the Commission and represent M/I Homes. Mr. Lioce has since resigned from representing M/I Homes, Chairman Ornstein added. Chairman Ornstein said that Mr. Dan Shalloway asked staff for a determination on whether he has a conflict of interest with M/I Homes because he has done some work with the MacArthur Foundation, which is the landowner for the M/I Homes project. Chairman Ornstein and Mr. Shalloway said Mr. Brant's letter on the subject was vague. Mr. Shalloway said he does not know whether anyone who has contact with the petitioner's mortgage holder would have a conflict of interest. A general discussion on this issue ensued. Chairman Ornstein said he believes this issue requires additional legal review. • • Mr. Walton suggested that the Commission authorize Chairman Ornstein to research this issue with the City Council and whoever else is needed. Chairman Ornstein said he is looking for authorization to do the research. Mr. Carl Sabatello made a motion to authorize Chairman Ornstein to research this issue. Mr. James Leatherman seconded the motion. The motion was approved by a 6 -0 vote, with Mr. Shalloway abstaining. Mr. Alan Strassler said this issue should be resolved fairly quickly. ADJOURNMENT There being nothing further to come before the Commission, the meeting was adjourned at 7:55 P.M. The next meeting will be held on April 13, 1993. i - Jef rey Orns i ; , Carl abatello ` 4 i Alan Strassler Vsepkl,H am / _ Cr /'" Diane Carlino James Leatherman � X4-� • Marty R.A. Minor, Secretary Dan Shalloway r, - - - - - -- -CITY OF--------------------------------------------------------------------------------------------------- PALM BEACH GARDENS April 8, 1992 TO: Planning and Zoning Commission FROM: Planning and Zoning Staff MEETING: April 13, 1993 SUBJECT: Minutes of the March 9, 1993 Planning and Zoning Commission meeting Discussion Due to an error in the operation of the new recording equipment, the March 9, 1993 Planning and Zoning Commission meeting tapes did not record. The meeting minutes are the sole record of that meeting. In order for the official record to be clear, the Commission is asked to carefully review the March 9, 1993 minutes and consider its adoption with a note that reflects that no tape exists. Therefore, in the future, the record will be clear that there is no recording of this meeting. .•