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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 Page 3 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 Page 4 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 Page 5 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 Page 6 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 Page 7 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 ; � t Vic (fayor Russo -k-A J cc ie Holloman Administrative Secretary Councilman Aldred Councilwoman Monroe Councilman Kiselewski