HomeMy WebLinkAboutMinutes P&Z 102792• CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
OCTOBER 27, 1992
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: Jeffrey Ornstein, Chairman; Joseph
Hamzy, and Alan Strassler, Members; and Diane Carlino, Alternate Member. Mike Rosen,
Domenick Lioce, James Leatherman, Carl Sabatello and Dan Shalloway were not in
attendance.
PLANNING AND ZONING COMMISSION
• WORKSHOP: Recommendation to City Council re: CU -92 -01 and VAR -92 -01 -
Conditional Use in the CG -1 General Commercial 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 a variance 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 Gardens Town Square shopping center on the
south side of Northlake Boulevard, approximately 300 feet west of Interstate 95. (24 -42S-
43E)
Staff indicated this petition has been advertised for a Public Hearing for the November 10,
1992 meeting. Commission did not discuss this petition because the agent was not in
attendance.
RECOMMENDATION TO CITY COUNCIL: Zoning Code of Land Development
Regulations.
The Commission made the following recommendations:
1. On page IV -4, increase the Building Site Area for the RL -3 District from 6,500 sq.
ft. to 7,500 sq. ft. In addition, increase the Building Site Width from 65' to 75'.
• 2. On page IV -5, decrease the Maximum Gross Density for the RM District from 7
dwelling units per acre to 6 d.u.'s /acre.
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3. On page IV -7, delete the Building Height Limit of 45' for the RH District since the
0 setback requirements will control the height of structures.
4. On page IV -8, increase the Building Site Width for the RMH District from 40' to 60'.
In addition, decrease the Maximum Gross Density from 7 dwelling units per acre to
6 d.u.'s /acre.
5. On page IV -14, reduce the Building Height Limit for the M -1 District from 50' to
36'. In addition, the Building Site Area should be increased from 10,000 square feet
to .5 acres.
6. On page IV -17, correct "forth- five" to "forty- five ".
7. On page IV -18, increase the Side and Side Facing Street Minimum Building Setbacks
for the CONS District from 50' and 90', respectively, to 100'.
8. On page IV-19, the Medium Density, 9.0 dwelling unit per acre, for Residential
PUDs should be reduced to 8 d.u.'s /acre to be consistent with the recommendation
to reduce the density in the RM District from 7 d.u.'s /acre to 6 d.u.'s /acre.
9. On page V -7, rewrite subsection (6)(A)(i), Fences and Walls, to read "No fence shall
be erected forward of the front building setback line" rather than "No fence shall be
• erected forward of the established or existing front building lines in a front yard ".
10. On page V -9, delete "kindergarten" from subsection 5.9, Child Care Centers.
11. On page V -1 3, insert an additional condition under subsection 5.15, Marine Facilities,
stating, "Commercial uses of all docking facilities used for the assembly of people
must be permitted and meet all applicable Codes.
12. On page VII -2, the Commission questioned whether the footcandles proposed for
exterior lighting in subsection (4)(D) is adequate. The Commission believes it should
be higher.
13. On page V11 -3, delete last sentence in subsection (4)(F) which refers to parking
lot landscaping.
rewrite subsection (5)(A) to require 10' x 20' parking spaces
with a 24 -foot drive aisle and a 64 -foot parking lot width.
14. On page V11 -4, the Commission recommended increasing the parking calculation for
"General Business and retail establishments (not otherwise listed)" from 1 parking
space per 250 sq. ft. of gross floor area to 1 space /200 sq. ft. of g.f.a.
15. On page VI1 -6, the Commission recommended increasing parking calculation
for "Church" from 1 space per 4 seats to 1 space per 3 seats.
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• change the parking calculation for "College, Business Colleges,
and Trade School" from 1 space per 300 sq. ft. of classroom and
office space to the parking calculation proposed for "Schools,
High ", 1 space per employee plus 1 space per 3 students.
16. On page VII -7, change the parking calculation for "General Industrial' from 1
space per each employee on peak shift, plus 1 space per 1,000
sq. ft. of gross floor area to a calculation based only on square
footage, 1 space per 500 sq. ft. of g.f.a.
change the parking calculation for "Warehousing" from 1 space
per each employee on peak shift, plus 1 space per 2,000 sq. ft.
of gross floor area to a calculation based only on square
footage, 1 space per 1000 sq. ft. of g.f.a.
17. On page VII -12, add length and height limitations for boats and recreation vehicles
in subsection (5), Permitted Parking. The Commission recommended 20 feet in
length and 10 feet in height. The Commission also recommended that a clause be
added to subsection (5)(B)(iii) to grandfather those boats, boat trailers or
recreational vehicles on corner lots in existence 90 days after the adoption of the
LDR if screened and landscaped.
40 ADJOURNMENT
There being no further business to come before the Commission, the meeting was adjourned
at 9:45 P.M. The next meeting of the Planning and Zoning Commission is scheduled for
GISELE FOSTER, Secretary
•
n AL STRASSLER
DIANE CARLINO
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• CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
OCTOBER 13, 1992
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, Alan
Strassler, Domenick Lioce, James Leatherman, Joseph Hamzy, Members; Diane Carlino,
Alternate Member. Vice Chairman Mike Rosen and Carl Sabatello, Members; and Dan
Shalloway, Alternate Member; were not in attendance.
APPROVAL OF MINUTES OF MEETING OF SEPTEMBER 8, 1992
Mr. James Leatherman made a motion to approve the minutes of the September 8, 1992
Planning and Zoning Commission meeting.
Mr. Joseph Hamzy seconded the motion.
The motion was approved by a 4 -0 vote, with Mr. Alan Strassler abstaining.
WORKSHOP: TXT -92 -01 - Text Amendment to the City of Palm Beach Gardens'
Zoning Code, Section 159.082 RM, Residential Multiple - Family (Medium Density), to allow
for Residential Treatment Centers as a conditional use.
Mr. Bristol S. Ellington, City Planner, reviewed the October 8, 1992 staff report. He also
reviewed the petitioner's narrative submitted on October 13, 1992. In the October 13, 1992
narrative, the petitioner described the use as a halfway house. Originally, the petitioner
described the proposed use as a residential treatment center, Mr. Ellington said.
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• Chairman Jeffrey Ornstein said the Commission was looking at two questions: Should we
allow it in a multi - family district? If so, should it be a permitted use or a conditional use?
Chairman Ornstein said he did not believe the use should be a permitted use. He added
that it might be appropriate as a conditional use in a Commercial zoning district and not
Residential zoning districts.
Mr. Domenick Lioce said he would like to hear from the petitioner.
Petitioner Jack DeMarco introduced his partner, David Schwab.
Mr. Schwab said he was not sure what was the difference between a permitted use and a
conditional use. Chairman Ornstein explained the difference between the uses.
Mr. Schwab said he is proposing a halfway house for substance abusers who have completed
primary treatments. The clients needs a structured environment to live in during the three
months to one year aftercare. There will be 24 men in six apartments within three duplexes,
he said. Mr. Schwab said that it will be a structured environment with rules and regulations,
where the clients will work during the day and attend Alcoholics and Narcotics Anonymous
meetings at night.
Mr. Schwab said that the Recovery Corner which has just opened in the Admiralty office
building has its clients live in the Tanglewood apartments.
Ms. Diane Carlino asked if there were therapists on staff in Tanglewood.
Mr. Ellington said the treatment center is licensed for the office building in the Commercial
zoning district. He added there is no license for therapy to be conducted in the Tanglewood
apartments.
Mr. Lioce said that this center has rented apartments for its clients. He then asked Mr.
0 Schwab how this was different from what he is proposing.
Mr. Schwab said there will be no treatment or counseling at the site. He said there will be
a structure, such as a curfew.
Mr. Lioce asked if there will be a manager that lives on site. Mr. Schwab said there will
not be a manager living on site.
Mr. Strassler asked who are the "professionals" referenced in their narrative.
Mr. Schwab said there will be a staff member on site, who will not be living there. He said
there will probably be two staff members during the day and one during the evening.
In response to a question by Mr. Lioce, Mr. Schwab said the clients will pay a weekly rent.
Mr. Lioce said that this sounds like a regular apartment and does not require special
approval.
• Mr. DeMarco asked if a sign would be permitted. Chairman Ornstein said it would not.
Mr. Ellington said the petitioner had originally requested for an extended care treatment
facility, which would provide extensive treatment and counseling. Staff indicated to the
petitioner that he would have to amend the zoning code to permit such as use, Mr. Ellington
said. He added that it wasn't until the day of the meeting that it was referenced as a
•
halfway house.
Mr. Ellington said that if the petitioners need an HRS license, then staff could not sign off
on the license because the halfway house would not have the appropriate zoning. He said
if the people are just residing in the units, then special approval is not needed.
Chairman Ornstein asked if the petitioner needs an HRS license. Mr. Schwab said they will
not need a license for the halfway house site.
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Mr. Lioce suggested that the petitioner provide a letter to the City describing the proposed
use, so the City can make a determination.
WORKSHOP: Consideration of Recommendation to City Council RE: Zoning Code
of Land Development Regulation.
Mr. Ellington suggested that the Commission go page -by -page through the proposed Zoning
Code.
Mr. Lioce asked if anyone had any concerns with Section I. Chairman Ornstein said he had
no questions about Section I.
Mr. Strassler said he would like to ask about several of the definitions.
Mr. Hamzy asked if the last sentence in the Agriculture definition is part of a standard
definition. Chairman Ornstein asked if the raising of "fur- bearing animals" is not agriculture.
Mr. Hamzy stated that on page II -2, the last sentence from the Agriculture definition does
• not fit. Chairman Ornstein recommended that the last sentence from the Agriculture
•
definition be removed.
Ms. Carlino said on page II -4, a definition should be added for Building Specialty Store.
She added that on page II -5, the definition for Child Care Center should include the
sentence, "This term excludes Nursery Schools and Kindergartens."
Ms. Carlino questioned whether a Kindergarten definition is needed. Chairman Ornstein
suggested that a definition may be needed. Mr. Lioce asked if there is a definition of
Schools. Chairman Ornstein said there is no definition for schools.
Mr. Lioce asked if everyone knew what a kindergarten is. He then suggested that on page
II -10, the Kindergarten definition should be deleted.
Mr. Strassler asked if a definition of loading space is needed since there is a definition for
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a parking space. Chairman Ornstein said a loading space is just a type of parking space.
Mr. Strassler said it is not clear what needs to be defined and what does not.
After a discussion on parcels divided by public roadways, Mr. Lioce said in Article III,
Section 3.3 (1), the word "contiguous" should be changed to "abutting."
Mr. Lioce asked if there is a definition for Public Hearing and public meeting. Mr.
Ellington said there is a definition for the Public Hearing. Mr. Lioce suggest a definition
should be added for Public Meeting.
Mr. Lioce questioned whether there is a definition of Variance. If not, he said then one
should be created. The Commission agreed that on page III -21, Section 3.13, add a
definition for Variance.
Mr. Lioce asked why the City Manager makes the determination of a Major Development
• in Section 3.6 (2) (D) on page III -2. Mr. Ellington said the Planning Department will
consult with the City Manager on controversial issues which may surround a proposed
development.
Mr. Lioce asked for an explanation of the new development review process. Mr. Ellington
described the proposed review process, including the conceptual plan, preliminary plan and
final development plan.
Mr. Lioce said it looks like the process is not streamlined, but more complicated.
Chairman Ornstein asked if Mr. Ellington had skipped the workshop before the Planning
and Zoning Commission. Mr. Ellington said rezoning petitions will go directly to a Public
Hearing before the Commission. Chairman Ornstein said that this procedure does not make
sense.
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5,
Mr. Lioce said that this is a more lengthy and time - consuming procedure. He added that
this review, procedure is opposite of the direction of the City's review process. Mr. Lioce
said that the technical aspects of a project should be reviewed by the Commission.
Mr. Lioce said the regulations exacerbates the development review process which is not
needed. He said the regulation reduces the review by the Commission, which should be
doing the most technical review other than staff. Mr. Lioce said the regulation increases
the City's exposure to liability. The whole process should be revised to reflect the correct
review process, he added.
Chairman Ornstein said he does not believe that scheduling a Public Hearing first before
the Commission will streamline the process. He said he does not believe a project will
receive a recommendation after just a Public Hearing.
• Mr. Lioce said the Preliminary Development Plan slows the development review process.
Mr. Ellington said the Preliminary Development Plan requires the same information that
•
development plans now require.
Chairman Ornstein said a workshop before the Commission should be added to the review
process.
Mr. Hamzy stated that the submittal of the final development plan is an extra step.
Mr. Lioce asked why the PCD procedure was so simplified. He said he has never seen a
PCD than is as simple as a rezoning. It is the PCD where the time should be allowed for
review, he added.
Chairman Ornstein said more time should be devoted to review for the PCD.
Mr. Lioce said the PCD process should be rewritten so it is not the same as a rezoning.
G
Chairman Ornstein asked Mr. Hank Skokowski of Urban Design Studio if he had any
comments.
Mr. Skokowski said the proposed zoning code was hard to follow. He suggested footers be
included to identify the sections of the code. Mr. Skokowski asked if there would be an
appropriate time for comments. Chairman Ornstein said there will be a Public Hearing on
the Zoning Code.
Mr. Lioce and Mr. Hamzy said they would like to see Mr. Skokowski's comments prior to
the Public Hearing.
The Commission agreed to review Sections IV, V and VII at the October 27, 1992 Planning
and Zoning Commission meeting.
ADJOURNMENT
• There being nothing further to come before the Commission, the meeting was adjourned
at 9:00 P.M. The next meeting will be held on October 27, 1992.
•
Fi
•
•
Alan Strassler
61(4�- Lt,)-4�
Diane Carlino
Marty R.A. inor, Secretary
8
ames Leatherman
TO:
FROM:
DATE:
RE:
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698
I1J up) Ti CORO 11ii13�
Planning and Zoning Commission
Planning and Zoning Staff
September 17, 1992
Cancellation of the September 22, 1992 meeting
The Planning and Zoning Commission meeting of September 22, 1992 has been cancelled.
The only item scheduled for the September meeting was Articles 1, 2 and 3 of the draft land
Development Regulations. Please be prepared to discuss the Zoning Code in its entirety
at your October 13, 1992 meeting.
If you. are unable to attend the October meeting, please provide your written comments
prior to the meeting.
Thank you for your cooperation.