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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. 46 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) r • • • 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. 2 • 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. 0 4 • • • 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'. 5 • 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 0 6 must be permitted and meet all applicable Codes. 0 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 • 7 . 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. • 8 • 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. • 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. 9 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. • 10 Mr. Skokowski said there in no alternate elevation. • Chairman Ornstein asked the g P etitioner to indicate the building footprints on each lot on P 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. • Je rey rnstein Alan Strassler Diane Carlino Marty R. inor, Secretary • 11 0 — Carl 8abatello