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.
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Jef rey Orns i ; , Carl abatello
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Alan Strassler Vsepkl,H am
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Diane Carlino
James Leatherman
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• Marty R.A. Minor, Secretary
Dan Shalloway
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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.
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