HomeMy WebLinkAboutMinutes Council 052892Y
CITY COUNCIL
WORKSHOP MEETING
CITY OF PALM BEACH GARDENS
MAY 28, 1992
The Workshop Meeting of the City Council of the City of Palm
Beach Gardens, Florida, was called to order by Mayor Martino at
7:35 P.M., in the Assembly Room of the Municipal Complex, 10500
North Military Trail, Palm Beach Gardens, Florida.
ROLL CALL The Administrative Secretary called the roll, and present were
Mayor Martino, Vice Mayor Russo, Councilwoman Monroe, and
Councilman Kiselewski. Councilman Aldred was not in attendance.
Councilwoman Monroe left the meeting at 9:10 p.m. because of
family illness.
ANNOUNCEMENTS: Mayor Martino announced there would be a Recreation Advisory
Board meeting on June 2 and the regular City Council meeting on
June 4.
Councilwoman Monroe asked that she be given more advance notice
of the upcoming meetings of the Code Enforcement Board and that
the Recreation Advisory Board meetings be shown on the calendar.
Mr. Ed Mitchell explained these meetings are not regularly
scheduled but because of the landscaping issues and non-
compliance on Military Trail a meeting will be scheduled in June.
He stated he will call Councilwoman Monroe when the date is
confirmed.
Concerning the Council Workshop scheduled for June 11, Mr.
CITY COUNCIL WORKSHOP MEETING - MAY 28, 1992
Page 2
Mitchell announced that he will be out of town the week of June
8 and the City Manager will be away June 11 and 12. Councilman
Kiselewski stated he will be away from June 8--21 and June 25.
After discussion, it was decided to reschedule these meetings
to the preceding Tuesdays, June 9 and June 23 at a different
location because of conflicts with the Planning and Zoning
Commission meetings scheduled for the same nights.
LDRIS: Planning and Zoning Director, Rich Walton, reviewed the previous
proceedings concerning the "zoning" portion of this item.
Regarding the Chart of Permitted Uses, Councilman Kiselewski
stated that a number of uses listed under the Professional office
District were inappropriate since this category was intended to
w be an office area separating hard commercial from residential.
He also expressed a concern about outdoor advertising being a
conditional use. Mr. Walton explained that the consultant had
been asked to suggest a current, state -of -the -art zoning code
showing possible future uses in addition to those presently in
effect, and Council can make any desired changes.
Councilwoman Monroe asked for Council's collective view
concerning the types of uses to be permitted for the Industrial
and Professional Office districts.
After further discussion, Council decided to continue reviewing
the LDR Zoning section, as follows:
Page III -20, 3.13 Variance Requests (2) (B), Councilwoman
Monroe commented it should be understood that a variance
CITY COUNCIL WORKSHOP MEETING - MAY 28, 1992
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could not be given for a condition created by the applicant.
Mr. Bristol Ellington, Planner, responded that an applicant
could not create a hardship themselves and then request a
variance.
Page III -22, 3.14 Submission Requirements (1) (D),
Councilwoman Monroe requested that the applicant be required
to provide stamped, addressed envelopes.
- Page III -23, following (H), Councilwoman Monroe questioned
if an additional item needed to be added concerning
"Concurrency Certification ". Attorney Brant responded he
did not believe it was needed here.
Concerning staff's "Comparison of Land Development Regulations
(LDR) and the City's Current Zoning Code ", I. Article IV:
District Regulations, 14, Modified PCD, Councilman Kiselewski
asked for clarification. Mr. Ellington responded this is
consistent with the Comprehensive Plan.
Councilwoman suggested that staff review the monitoring process
for affordable housing to see if it should be included in the
document or simply be an administrative process.
Concerning LDR's, Page III -27, (p) , Councilwoman Monroe asked
for clarification on the intent, and Council decided to change
the language to "primary and surrounding buildings ".
Concerning staff's comparison, Item 13, Modified PUD, Councilman
Kiselewski asked for clarification of "No Maximum /minimum lot
coverage ".
CITY COUNCIL WORKSHOP MEETING - MAY 28, 1992
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On page III- -28, LDR's, Zoning, (v) & (vii), Councilwoman Monroe
stated she believed total acreage had been included under (iv),
page III -27; and on page III -28, (x), she asked if the topic of
"wetlands" had been addressed elsewhere in the document. She
felt it should have been first on the list.
On page III -29, Councilwoman Monroe asked that an item be
inserted between (viii) and (ix) concerning "what minimum
requirements are not met" unless it had been included elsewhere.
On page III -30, (xix) (b), Councilwoman Monroe asked why this
was included and if it could be determined later whether the
units will be owner or renter - occupied. Attorney Brant responded
this would be difficult to enforce if they met all the other
criteria. Mr. Walton also responded this is simply a list of
items to be submitted and has nothing to do with regulating or
controlling compliance. After further discussion, it was decided
to leave this item intact.
On page III -33, (B) , (iii) , Councilwoman Monroe asked that
"Location of wooded areas existing or proposed water bodies" be
changed to "existing or proposed location of wooded areas or
water bodies, and other environmentally sensitive lands."
On page III -33, (B) , (vii) and (viii) , Councilwoman Monroe asked
for clarification as they relate to concurrency. Mayor Martino
asked staff to look further into these items.
On page III -34, (B), (xvii), Councilwoman Monroe asked how the
Planning and Zoning Department would benefit from this procedure.
CITY COUNCIL WORKSHOP MEETING - MAY 28, 1992
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Mr. Walton responded petitioners are told they will be allowed
some flexibility in their phasing plans and will not be required
to go through a lengthy process to change them. He stated this
would be done administratively. Councilman Kiselewski commented
the City should be notified immediately not annually of any
changes in phasing plans. After further discussion, Mayor
Martino asked staff to bring this particular item back to
Council.
On page IV -1, 4.1 General Provisions, Councilman Kiselewski asked
staff for confirmation that "new uses" and "changed uses" on the
Chart of Permitted Uses had been verified for omissions.
Councilwoman Monroe requested staff to "spell out" the various
names of the zoning districts instead of using abbreviations.
Councilman Kiselewski asked staff the rationale used in providing
an increase in lot coverage and reduction in height for
Residential Multiple - Family (High Density) Districts. After
discussion, Council decided to leave the building site coverage
at 35 %. Following Council and staff discussion of lot sizes in
the existing RH District and the new RH District, Councilman
Kiselewski suggested the current restrictions remain as they are
in the regulations for straight zoning except for the new RH
district which decreases building height from 22 stories to 45
feet. Council further decided that the existing RM, the new RL-
1, RL -2, and RL -3 Districts would remain intact, except for
CITY COUNCIL WORKSHOP MEETING - MAY 28, 1992
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changing the square footage requirement under the RL District
to 7,504 square foot lots. Mr. Ellington noted in the
"Comparison of LDR's and the City's Current Zoning Code" that
the LDR does not have the criteria for the percentage of lot
width or the side yard setback, that it goes with a flat side
yard setback, and asked if Council wanted it to be more
restrictive with a percentage. Mayor Martino suggested that it
remain as it is.
Councilwoman Monroe suggested "RM, Residential Multiple- Family
(Medium Density) District" be changed to "RM, Residential Medium
Density District ".
On page IV -4, (4) RL -3 Districts, (B) Building Site Area,
Councilwoman Monroe noted that some of the residential districts
have a maximum gross density while others do not.
On page IV-6, (6), RM -2 Districts, are to be deleted as noted
by Mayor Martino.
On page IV -7, (7), RH Districts, line 1, Councilwoman Monroe
stated the words "Multi Family" should be deleted to read
"Residential High Density Districts ".
On page IV -9, (8) RMH Districts, (H) General Requirements, (i),
Councilwoman Monroe asked for a definition of mobile home
"stand ". Under (I), Councilwoman Monroe asked for clarification
of the phrase "Where mobile home parks are permitted..." Mr.
Ellington responded he believed the consultant used this
phraseology since there is a state statute prohibiting
CITY COUNCIL WORKSHOP MEETING - MAY 28, 1992
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municipalities from restricting single mobile homes within
residential districts. Councilman Kiselewski asked if mobile
homes could be used as a "group home" dwelling. Attorney Brant
stated he would check the statutes further, and Mayor Martino
stated Council would prefer this not to be a permitted use.
On page IV -10, (I) , (vii) , Council decided to delete "each
dwelling, mobile home space shall provide a paved patio area of
at least 200 square feet." Vice Mayor Russo asked for
clarification regarding conformance should there be a hurricane
and the mobile home park is destroyed and rebuilt. Councilman
Kiselewski responded he did not believe they would have to
conform since they are under the jurisdiction of HUD. Under
(viii), page IV -10, Councilwoman Monroe suggested "a park and
recreational area" be changed to "a park or recreational area ".
Under this same item, she suggested "per dwelling, mobile home
space" be changed to "per dwelling or mobile home space." She
also inquired if 150 square feet per dwelling is standard.
On page IV -11, (I) , Mobile Home Park Requirements, (viii),
Councilwoman Monroe inquired why paving widths for streets are
required for mobile home parks and not for other PUD's.
On page IV -12, (9) PO Districts, Council decided to leave the
text as it is.
Under the PO Districts: Professional and Office Districts,
Council instructed staff to make the following changes to the
Chart of Permitted Uses or had comments as noted below:
CITY COUNCIL WORKSHOP MEETING -- MAY 28, 1992
Page 8
- eliminate optical goods, newsstand, restaurant, tobacco
store, barber shop or beauty shop, health club, laundry,
nursery, day care or kindergarten, tailor shop, travel
agency, hospital, fire station, police substation, post
office, branch post office, art gallery or museum, indoor
theaters;
change bank /financial institution and clinic to conditional
use;
dental and medical to remain permitted; library to remain
permitted;
schools, recreation centers, and automobile storage, and
electric substation to remain conditional;
change accessory use to conditional; and
- create a new category for accessory structures which would
be permitted through RL -3 but would change to conditional
use beginning with RM -1.
Prior to leaving the meeting at 9:10 p.m., Councilwoman Monroe
asked for clarification on the location of commercial and
industrial uses under a PCD (Planned Community Development).
On page IV -12, (10) , CN Districts: Neighborhood Commercial, after
discussion Council decided to eliminate from the Chart of
Permitted Uses the following: amusement parlor, antique store,
appliance store, hardware store, automobile filling station,
cemetery and mausoleum, dry cleaning /self - service (with dry
cleaning to be permitted) , fire station, post office, and indoor
CITY COUNCIL WORKSHOP MEETING - MAY 28, 1992
Page 9
theater. Further, Council decided bank /financial institution
is to be a conditional use. At Councilman Kiselewski's
suggestion, Council agreed to eliminate outdoor advertising from
all districts.
At the suggestion of staff and Mayor Martino, Council decided
to review independently the remainder of the Chart of Permitted
Uses and give their comments individually to Mr. Walton. Mayor
Martino noted that by proceeding in this manner the review of
Section IV, District Regulations, would be complete.
LANDSCAPE
CODE: Mr. Mark Hendrickson, City Forester, asked Council for direction
regarding the proposed landscape code proposing buffering between
uses which are different than the setbacks proposed between uses
within the Zoning Code of the LDR's. Mayor Martino commented
transitional zoning should be provided between residential and
industrial wherever possible. Councilman Kiselewski stated he
liked the idea of additional buffering, but did not like the
idea of arbitrarily establishing what the distances should be.
Mayor Martino stated Council would need to study the matter
further.
PARKING: Under Article VII, Off - Street Parking & Loading, Mr. Bristol
Ellington and Mr. David Getz of Lindahl, Browning, Ferrari &
Hellstrom Engineers addressed the Council concerning the
differences in the number of parking spaces required in the
proposed land development regulations as compared to the existing
Zoning Code. In addition, Council, Mr. Getz and staff discussed
CITY COUNCIL WORKSHOP MEETING - MAY 28, 1992
Page 10
the subjects of shared parking and handicapped parking.
Regarding shared parking, it was noted by Mayor Martino and Vice
Mayor Russo that restaurants and health clubs in shopping centers
create parking problems which have not been addressed in the
calculation of shared parking requirements. Mayor Martino
directed staff to come up with a percentage calculation for
retail space and restaurants in shopping centers which would
allow a certain percentage of space for restaurants. Councilman
Kiselewski suggested there be no shared parking on straight
zoning. Mayor Martino stated there should be a computer program
which can track the parking spaces versus the occupational
licenses being issued. Councilman Kiselewski stated if a
I— shopping center had been built without being given consideration
for shared parking then there would have been more parking
available for future needs. Following a discussion by Council,
staff, and the City Attorney concerning the feasibility of not
allowing shared parking in straight zoning, Council decided there
would be no shared parking in straight zoning.
Mr. Getz and Council discussed the memorandum entitled PBG Zoning
Regulations, Article VII, Off- Street Parking & Loading, 7.1(6),
dated May 27, 1992. Concerning parking spaces required for
theaters, Mayor Martino suggested using the same calculations
used for the number of people in a household. Councilman
Kiselewski stated he believed one parking space per 4 seats was
not adequate, and he also stated he felt the parking requirements
CITY COUNCIL WORKSHOP MEETING - MAY 28. 1992
Page 11
should be different in shopping centers such as the Gardens Mall
and the Shoppes on the Green. Following further discussion,
Council asked staff to come up with a solution to the problem
of parking associated with businesses such as video stores, gyms,
and health clubs.
On page VII -3, (5) Parking Stall and Bay Dimensions, Mr. Getz
stated the size of the parking stalls is being reduced to 18-
1/2 feet x 10 feet to recognize cars have become smaller.
Responding to an inquiry from Councilman Kiselewski, Mr. Getz
and Council discussed the size of the parking stalls as related
to the size buildings and green space.
FACILITIES: Mr. Ed Mitchell stated Council would receive updated appraisals
on the Foundation site and the DiVosta site. He also stated Mr.
Orr has recommended hiring an engineering firm to investigate
the cost of renovating the DiVosta Building.
Following Council discussion, Mayor Martino stated Council needs
a report to refresh their memories on "everything we've looked
at in the last several years ". Mr. Mitchell stated he had
already prepared such a document. Following a review of past
considerations, Mayor Martino stated Council needed to decide
on one facility proposal to present to the residents.
Mr. Mitchell commented the dates for possible referendums this
fall are September 1st, October 1st, and November 3rd. Mayor
Martino stated he would not be in favor of a March referendum.
CITY COUNCIL WORKSHOP MEETING - MAY 28, 1992
Page 1.2
ADJOURNMENT: There being no further business, the meeting was adjourned at
11:05 p.m.
APPROVAL: "1 t
Mayor Martino ;
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Vic (fayor Russo
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J cc ie Holloman
Administrative Secretary
Councilman Aldred
Councilwoman Monroe
Councilman Kiselewski