HomeMy WebLinkAboutMinutes P&Z 112492CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
NOVEMBER 24, 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, Vice
Chairman Joseph Hamzy, Alan Strassler, Carl Sabatello, Members; Diane Carlino, Alternate
Member. Domenick Lioce and James Leatherman, Members; and Dan Shalloway,
Alternate Member; were not in attendance. Chairman Ornstein announced that former
M Mike Rosen has submitted his resignation from the Planning and Zoning Commission.
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APPROVAL OF MINUTES OF MEETINGS OF OCTOBER 27,E 1992
AND NOVEMBER 10, 1992
Vice Chairman Joseph Hamzy made a motion to approve the minutes of the October 27,
1992 and November 10, 1992 Planning and Zoning Commission meetings.
Mr. Alan Strassler seconded the motion.
The motion was approved by a 4 -0 vote, with Mr. Carl Sabatello absent from the voting.
PUBLIC HEARING: Recommendation to City Council re: CU- 92 -01 and VAR -92 -02 -
Conditional Use in the CG -1 General Commerc'._. -. zoning district to allow fo:- a 22".-
alcoholic licenx which allcAs to. the sale /aervice of bc?r and wine for on- ";re,wse
consumption and a vaAa. - ^e tc the requirerm -�,t of Chapter 112, Section 12.21 of the Palm
Beach Gardens Code of Ordinances relaa?d ' ° dista..c�: restrictio-� of ;50 :cct be *-vE 3n
alcoholic leverage ven .ors. Located in Th,,: HarbDur Shops which is gen, , atny :c cn`.c'1 north
of PGA Boulevai-' an -.1. easy c4 F.rosperity Farms Rc�d. (5 - -* - S -43L) !Adv. 11/(11/92)
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Mr. Bristol S. Ellington, City Planner, reviewed the November 19, 1992 staff for the above -
referenced petitions. He stated that the City does not regulate the requirement that 51
percent of the establishment's gross revenue must be from the sale of food and non-
alcoholic beverages.
Chairman Ornstein asked if the petitioner has had a restaurant at the subject site.
Petitioner Carmine Giardini said that he has not run a restaurant out of his market, but he
does have a few tables. He added that he has a restaurant license.
Chairman Ornstein opened the Public Hearing on the above - referenced petitions.
Hearing no public comment, Chairman Ornstein closed the Public Hearing.
Mr. Alan Strassler made a motion to approve Petition CU -92 -02 with no conditions and
Petition VAR -92 -02 with the following condition:
1. Per Section 122.22 of the City Code, at least 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 approved by a 4 -1 vote, with Chairman Jeffrey Ornstein opposing.
PUBLIC HEARING: Recommendation to City Council re: Zoning Code of Land
Development Regulations. (Adv. 11/9/92)
Chairman Ornstein said that he assumes that all of the Commission members have read the
proposed Zoning Code and the Commission's recommended changes to the proposed code.
He asked if the Commission had any comments concerning its recommended changes to the
draft code. The Commission had no additional comments.
Mr. Ellington stated that the Commission's recommendations will be passed on to City
Council.
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• Chairman Ornstein opened the Public Hearing on the above - referenced draft code.
Upon hearing no public comment, Chairman Ornstein closed the Public Hearing.
Ms. Carlino made a motion to recommend the following Planning and Zoning Commission's
comments and recommendations on the Zoning Code of the Land Development Regulations
to the City Council:
Chart of Permitted Uses
1. On page 2, define Building Specialty Store.
2. On page 4, delete "Kindergarten" from the Nursery, Day Care or Kindergarten
definition and move it under the School definition.
delete "Mirror Silvering" from the Picture Framing and ./or Mirror
Silvering definition. Add "Picture Framing" use to the CN, M -1, M1 -A
• and M -2 Districts, possibly as a Conditional Use.
add Business. Trade, Vocational School as a Conditional Use to the
M -1, M1 -A and M -2 Districts as a Conditional Use.
3. On page 5, the Commission questioned why the Church use is not allowed as a
Conditional Use in the PO District. The Commission questioned
whether cemetery and mausoleums should be added as accessory uses
to churches. The Commission also recommended to remove the
church use from the CONS District.
add Radio & Television Store & Repair Shop to the M1 -A District as
a Permitted Use.
add Veterinary Clinic to the PO, M -1, M1 -A and M -2 Districts as a
• Conditional Use.
delete the Correctional. Detention, or Penal Institution from the CG -2
and M1 -A Districts and add to the P/I District as a Conditional Use.
4. On page 6, the Commission indicated that "Art Gallery" usually include picture
framing and suggested that a definition be added to Article II of the
Zoning Code which would include framing.
remove Zoo from the M1 -A District.
add Golf Course to the M -1, M1 -A and M -2 Districts as a Conditional
Use.
remove Boat Building from the M1 -A District.
5. On page 7, add Orthopaedic Brace or Artificial Limb Manufacture to the M -2
• District as a Permitted Use.
add Printing, Publishing & Allied Industries to the M -2 District as a
Permitted Use.
add Electric Substation to the PO and PDA Districts as a Conditional
Use and delete from the CONS District.
add Radio & Television Broadcasting Transmitter or Relay Tower to
the M -1 District as a Conditional Use and delete from the CG -2
District. The Commission recommended to delete the exclusion of
towers or satellite dishes from Radio & Television Broadcasting
Transmitter or Relay Tower since the towers /dishes are necessary for
a studio to operate.
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6. On page 8, delete Accessory Use and Home Occupation from the chart.
add a "Passenger Depot" use to the chart and allow it in the CG -1,
CG -2, M -1, M1 -A, M -2, P /I, PDA and CONS Districts as a
Conditional Use.
Articles I, II and III
1. On page II -2, the last sentence should be removed from the Agriculture definition.
2. On page II -4, a definition should be added for Building_ Specialty Store.
3. On page II -5, the definition for Child Care Center should include the sentence, "This
term excludes Nursery Schools and Kindergartens.
4. On page II -10, the Kindergarten definition should be deleted.
5. A definition should be added for Public Meeting.
6. In Article III, Section 3.3 (1), the word "contiguous" should be changed to "abutting."
7. On page II -21, Section 3.13, add a definition for Variance.
8. The Preliminary Development Plan and the Final Development Plan process outlined
in Article III should be simplified.
9. A workshop before the Planning and Zoning Commission should be added to the
development review process.
10. The review for Planned Community Developments should be expanded.
Articles IV, V,VII VIII and IX
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'.
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• 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.
3. On page IV -7, delete the Building Height Limit of 45' for the RH District since the
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 -13, insert an additional condition under subsection 5.15, Marine Facilities,
stating, "Commercial uses of all docking facilities used for the assembly of people
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must be permitted and meet all applicable Codes.
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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 VII -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 VII -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 per 200 sq. ft. of g.f.a.
• 15. On page VII -6, the Commission recommended increasing parking calculation
for "Church" from 1 space per 4 seats to 1 space per 3 seats.
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
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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)(13)(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.
Vice Chairman Hamzy seconded the motion.
• The motion was unanimously approved by a 5 -0 vote.
PREAPPLICATION REVIEW: Recommendation to City Council re: PUD -92 -22 - Amending
the BallenIsles Parcel 18 Planned Unit Development from 52 single - family detached custom
homes to 106 single - family attached homes (duplex units). (11- 42S -43E)
Mr. Ellington reviewed the November 19, 1992 staff report for the above - referenced
petition.
Chairman Ornstein asked if the City had approved any projects with a two foot rear setback
for screen enclosures. Mr. Ellington said some projects have been approved with a two foot
rear setback.
Mr. Rich Walton, Planning and Zoning Director, said the City Council have improved some
project with a zero rear setback.
Chairman Ornstein asked why the petitioner is not proposing a zero -foot rear setback.
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• Petitioner Nader Salour said the minimum setbacks will not usually be met. He added that
the internal setbacks established by BallenIsles exceed the City standards.
Chairman Ornstein asked if BallenIsles will be the builder of this project. Mr. Salour said
that they will be the builder.
Mr. Hank Skokowski, agent for the petitioner, said this development will be geared toward
the seasonal market. The project will have relatively small units - all two bedrooms and two
bathrooms. He said a computer has determined that the average width of the lots is 42 feet.
Mr. Hamzy asked how many units will have a side - loaded garage. Mr. Skokowski said he
would guess that 20 to 30 percent of the lots will have a side - loaded garage.
Mr. Hamzy expressed his concern with the number of duplexes with double front - loaded
garages. Mr. Walton said most of the units will have a front - loaded garage.
• Mr. Salour said they will conduct a study on the number of front and side- loaded garages
proposed for the projects.
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Mr. Hamzy questioned where guest parking will be located. Mr. Skokowski said the cars
will probably park along the street. He said the right -of -way is wide enough to allow for
traffic to pass a parked car.
Chairman Ornstein asked if the petitioner has considered combining the duplex's driveways
and garages. Mr. Skokowski said there is a customer preference for separate garages.
Mr. Hamzy also expressed his concern about the separation between the garages and its
affect on the units' landscaping.
Chairman Ornstein requested that the petitioner submit a floor plan for the duplex. Mr.
Salour agreed that he would submit the floor plans.
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Mr. Carl Sabatello said he has a problem with the proposed setbacks. He said there will
• be four feet between screen enclosures.
Mr. Skokowski said the petitioner decided to go with the minimum standards that the City
has approved recently.
Mr. Walton said the City has approved all types of setbacks within PUDs.
Mr. Sabatello expressed his concern with the duplexes' rear elevations. He said there may
not be enough room for landscaping.
Mr. Skokowski said there will be enough room for rear landscaping. He added that the
petitioner has no problem with revisiting a larger rear elevations. He added that they would
like some flexibility concerning the setbacks.
Mr. Sabatello added that the petitioner should identify which lots will require smaller
• setbacks. He expressed a concern with windows facing each other between units. Mr.
Sabatello suggested additional landscaping between units to address this concern. He also
said the petitioner should remove the side - loaded garage alternative because there will not
be enough room for one on any of the lots.
Mr. Sabatello stated that there is landscaping located on the water lines. Mr. Salour said
they will have to move some landscaping.
Chairman Ornstein suggested staggering the front building setbacks to provide elevation
relief. Mr. Salour said he planned to do that.
Chairman Ornstein suggested a condition of approval that no two adjacent buildings will
have the same front setback. Mr. Salour said he will consider it.
Mr. Sabatello asked if the double front - loaded garage units will have alternate elevations.
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Mr. Skokowski said there in no alternate elevation.
• Chairman Ornstein asked the g P etitioner to indicate the building footprints on each lot on
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the project's site plan.
Mr. Sabatello suggested that landscaped garbage collection area should be indicated.
Mr. Hamzy said he disagrees with a designated area for garbage cans.
Mr. Sabatello questioned whether there will be individual mail boxes. Mr. Skokowski said
there will be individual mail boxes.
The Commission agreed to schedule this petition for the next Commission meeting.
ADJOURNMENT
There being nothing further to come before the Commission, the meeting was adjourned
at 8:25 P.M. The next meeting will be held on December 8, 1992.
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Je rey rnstein
Alan Strassler
Diane Carlino
Marty R. inor, Secretary
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Carl 8abatello