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HomeMy WebLinkAboutMinutes P&Z 021489CITY OF PALM BEACH GARDENS.: PLANNING AND ZONING COMMISSION FEBRUARY 14, 1989 REGULAR MEETING The Regular Meeting of the City of Palm Beach` Gardens,- Florida,` was called to order by Chairman Don Vogel, at 7:30-,P,-4M,--'- in the Assembly Room at the Municipal Complex, 10500'NorIth'.Mi1itrary Trail, Palm Beach Gardens, Florida, and openbd with the Pledge` -j-of Allegiance to the Flag. Public Hearing - Recommendation to City Coupc.il res Ordinance 30, 19889 a revamp of the City -Is Sign Code (Adv. 1/30/89 & 1/31/89) Councilman Don Kiselewski addressed the Commission stating- that he is the author of the revised sign ordinance,'which is based on two types of signs, permanent and temporary.`Permitted signage will be determined by property size- Tather'"than by zoning ` classification. Councilman Kiselewski pre -6ented 1''the following examples of signage permitted by the proposed sign,ordinance. Permanent Signs; i• 300 lineal feet of frontage on a;_plght�.y will entitle an applicant to one grtr,d�r. An cr ;a_cacional 7U0 feet will allow an additional ground sign.- 1 With 300 feet frontage, the app'- ,lic.aht,, =o -an chcose between a sign on the building or a ground sigh. If;.ther" &'is more "than one building, a ground sign and a sign on each building• '.Is.. allowed. -- A sign can be placed no higher than, the fourth'story bfla building. For buildings within a project s:ict9: stognage wial~reaallowed for tenants having an entry on this - ::- vround fl'ovr.: The City Council determined that directories at the entra._n -ce would - be appropriate for tenants on upper floors. ar A sign on the building will be a 'l�owed :f6n.'pf'do)' ty with 1 less than 300 feet frontage, down to 150 feet. Below 150 feet, all that will be allowed is space for an address. Signage facing residential property will be restricted to a distance of 500 feet. Backlit signs will be allowed. If front lighting can be achieved without being a safety hazard, it will be incorporated into the ordinance. Temporary Signs Councilman Kiselewski referenced a chart, included in the Ordi- nance, indicating the type of temporary signs allowed, maximum size and the time period allowed for erection and removal. The chart also provides for temporary signs relating to church ba- zaars, Christmas tree lots, construction entrances, etc., which is not covered in the existing sign code. Councilman Kiselewski stated directional and exit signs are allowed, but entrance signs are specifically prohibited. Mr. Robert Hamner stated developers are allowed to place large signs within PGA National and yet an individual property owner is not allowed to place a "for sale" sign in his yard. Mr. Hamner asked Councilman Kiselewski if the City has jurisdiction over this situation. Councilman Kiselewski stated that if a deed restriction is placed on the property prohibiting "for sale" signs, it cannot be violated. However, developers in PGA Nation- al have been known to erect off - premise signage, which is prohib- ited by City Code, and should be enforced. Mr. Hamner suggested exceptions be made for homeowners who cannot meet the 15' setback requirement for "for sale" signs due to hedges or other landscape materials restricting the placement of signs. Mr. Hamner also suggested real estate signs be reduced in 2 size. Councilman Kiselewski suggested that Mr. Hamner submit his • written comments for Council consideration. Councilman Kiselewski stated most of the numbers relating to height and width of signs for the proposed ordinance were taken from the existing code, with the major change being in the method of application. Mr. Hamner stated he feels the $75.00 application filing fee for a variance to the sign code is excessive. Councilman Kiselewski stated the fee applies to permanent signage only and suggested Mr. Hamner submit language applicable to exceptions for temporary signage. Councilman Kiselewski stated that Code Enforcement staff has been heavily involved in the revision of the ordinance and that he is pleased with the work they have done in enforcing the sign code during the last 60 to 90 days. Mr. Ornstein stated he agrees that the size of signs needs to be reduced and that language needs to be included to allow for front lighting of ground signs. Chairman Vogel declared the Public Hearing open. Mr. Larry Smith, Attorney, addressed the Commission stating he has submitted a letter to Mr. Orr regarding the proposed sign ordinance. Mr. Smith stated he would like to see language re- garding lighting of ground signs and suggested language such as "ground lighting shall not illuminate adjacent buildings, glare into the eyes of adjacent property owners, or eyes of pedestrians and motorists ". • Mr. Smith suggested removing the word "use" in section 155.05. 3 Mr. Smith stated he feels a special provision should be consid- ered for applicants seeking a variance to the sign code. At this time, the variance request goes before the Zoning Board of Ap- peals and, if denied, the next step in the appeal process is Circuit Court. Mr. Smith suggested perhaps it would be more appropriate for the appeal to go before the Planning and Zoning Commission and the City Council rather than a Circuit Judge. Councilman Kiselewski stated the Zoning Board of Appeals is an autonomous Board, and if an applicant is experiencing a hardship, the Board will make that determination and grant the variance. He does not feel it would be appropriate for an appeal to be made to the City Council. Mr. Mike Bishop, of Bishop Signs, addressed the Commission stat- ing he feels the proposed sign ordinance is too restrictive. There being no further comments from the public, Chairman Vogel declared the Public Hearing closed. Mr. Jeffrey Ornstein made a motion to recommend approval to the City Council for the new Sign Ordinance, with two conditions: 1) It be more uniform in the reduction in the size of the "for sale" signs on real estate signs. 2) The Council consider wording which would allow direct lighting of ground signs. Mr. Rosen seconded the motion. Mr. Robert Hamner requested the conditions of approval include that the City Council consider modification of the 15' setback for temporary signage and the $75.00 application fee for & %,variance for temporary signage. Mr. • Hamner stated the wording for these conditions will be submitted to the 4 Planning and Zoning Department. Mr. Hamner's amendment to Mr. • Ornstein's motion was unanimously approved. The original motion, as amended, passed unanimously. The secretary called the roll and present were: Don Vogel, Chairman, Robert Hamner, Mike Rosen, Jeffrey Ornstein, Members. John Toshner and Domenick Lioce were not in attendance. APPROVAL OF MINUTES The minutes of January 24, 1989 were unanimously approved as submitted. ITEMS BY THE PLANNING AND ZONING DIRECTOR Mr. Rich Walton, Planning and Zoning Director, stated he was • directed by the Commission at the last meeting to schedule only the Northcorp project on the February 28th agenda. Mr. Walton advised that several petitioners have requested they be placed on that agenda, including two petitions for the School Board (High School and Middle School), which were submitted by the deadline for the 28th meeting. A request has also been received from Mr. Hank Skokowski with Urban Design Studio for an amendment to the PGA National Resort Core PUD, which did not meet the deadline. Chairman Vogel asked Mr. Walton to assess the time involved with hearing each petition and to use his judgment as to which peti- tions he feels should be on the agenda. APPOINTMENT OF TWO MEMBERS TO THE LANDSCAPE AND TREE PRESERVATION COMMITTEE ORDINANCES Mr. Walton stated that the City Council is forming a committee to 5 Planning and Zoning Commission volunteer to serve on the commit- tee. Chairman Vogel stated that Mr. Art Nelson, Landscape Architect and former member of Site Plan & Appearance Review Committee, would be an excellent committee member and suggested Mr. Walton contact him. Mr. Robert Hamner volunteered to serve. WORKSHOP - A% -89 -01 - Recommendation to City Council re: Annexation of 2.57 -acre parcel, west side of Prosperity Farms Road, approximately 700 feet south of RCA Boulevard, with PO zoning (Club Oasis, Inc.) Mr. Bristol Ellington, City Planner, addressed the Commission advising that two petitions have been received -- 1) annexation • and 2) amendment to change the land use designation from the County designation of LM - Low to Medium Residential to Commer- cial. Mr. Ellington stated the requested annexation area is a smaller part of an existing enclave and one staff concern is that the entire enclave should be included in the petition. Mr. Ellington stated the single - family home on the 2.57 -acre parcel is to be used as a meeting place for Alcoholics Anonymous, which the code does not specifically address. However the re- quested PO zoning appears to be the most appropriate category for this use. Mr. Ornstein stated he feels the entire enclave should be includ- ed in the petition and expressed concern that Commercial land use may not be appropriate in that area. • Mr. Charles Jacobs, representing Cape International, addressed 0 rewrite the Tree Preservation Ordinance and also the Landscape Ordinance and is requesting that two representatives from the Planning and Zoning Commission volunteer to serve on the commit- tee. Chairman Vogel stated that Mr. Art Nelson, Landscape Architect and former member of Site Plan & Appearance Review Committee, would be an excellent committee member and suggested Mr. Walton contact him. Mr. Robert Hamner volunteered to serve. WORKSHOP - A% -89 -01 - Recommendation to City Council re: Annexation of 2.57 -acre parcel, west side of Prosperity Farms Road, approximately 700 feet south of RCA Boulevard, with PO zoning (Club Oasis, Inc.) Mr. Bristol Ellington, City Planner, addressed the Commission advising that two petitions have been received -- 1) annexation • and 2) amendment to change the land use designation from the County designation of LM - Low to Medium Residential to Commer- cial. Mr. Ellington stated the requested annexation area is a smaller part of an existing enclave and one staff concern is that the entire enclave should be included in the petition. Mr. Ellington stated the single - family home on the 2.57 -acre parcel is to be used as a meeting place for Alcoholics Anonymous, which the code does not specifically address. However the re- quested PO zoning appears to be the most appropriate category for this use. Mr. Ornstein stated he feels the entire enclave should be includ- ed in the petition and expressed concern that Commercial land use may not be appropriate in that area. • Mr. Charles Jacobs, representing Cape International, addressed 0 the Commission stating Commercial and PO zoning currently exist • immediately north of the subject property. Mr. Jacobs stated approximately 50 meetings a week will be held and that 35 parking spaces will be provided. Food will not be served. The Commission requested that Mr. Jacobs contact the owners of the balance of the property within the enclave. Mr. Jacobs stated that he has done so, but has not received a response. Mr. Ornstein and Mr. Rosen stated they have concerns with the use of the property and its compatibility with the residential area. Mr. Walton stated the application for the change of land use has not been completed since the applicant wanted Commission input prior to submitting a formal application. Also, the applicant is requesting straight PO zoning, not PUD. Mr. Walton stated staff is recommending the property be brought in as a PUD, as one major concern is that the use is not specifically allowed under PO zoning. A PUD would allow the flexibility to permit a similar use. Mr. Walton requested direction from the Commission as to whether the - annexation should go forward without a petition for the entire enclave. The Commission requested that Mr. Jacobs pursue annexation of the entire enclave. Mr. Jacobs agreed to try to do so. PUBLIC HEARING - PUD -89 -02 - Recommendation to City Council re: Amending "Gardens East Plaza" PUD (now known as "The Promenade ") providing for sale of beer and wine, for on- premise consumption, at "Moonlight Cafe ". (Adv. 1/30/89) Mr. Bristol Ellington, City Planner, addressed the Commission stating that the petitioner must amend the original PUD since 7 the sale of beer and wine is allowed only as a Conditional Use. • The petitioner is also requesting a variance to the 750' distance requirement between alcoholic beverage vendors. Mr. Ellington stated staff is recommending approval with the following conditions: 1. The selling and serving of beer and wine shall be restricted to on- premise consumption. 2. All beer and wine on the premise shall be consumed in conjunction with the sale of food, under the current trade name of Moonlight Cafe, and at least 51% of the total sales shall be from the sale of food. 3. The hours of operation of the restaurant shall be between the hours of 11:00 A.M. to 1:00 A.M. Mr. Rosen asked if the City has a means of verifying that 51% of the total sales is derived from food. Mr. Ellington stated that when liquor is sold, the State requires sales receipts be submit- . ted. However, with beer and wine there is no provision to en- force the 51% requirement. Mr. Walton stated that he believes Mr. Jack Hanson, Building Official, checks the percentage of food sales each year when occupational licenses are renewed. Mr. Rosen asked if the parking has been reviewed for sufficiency. Mr. Ellington stated parking provisions were addressed within the original approval and are enforced through the Building Official. Mr. Al Andrzejewski, Owner of Moonlight Cafe, addressed the Commis- sion stating he also has a Moonlight Cafe on Forest Hill and Jog • Road, and currently approximately 80% of his total sales is E.: derived from the sale of food. Mr. Andrzejewski stated the concept for the cafe is that of a 50's - 60's diner, with full- course meals available at all times. Mr. Ornstein asked if Mr. Andrzejewski would still sell food if he did not sell beer and wine. Mr. Andrzejewski stated he would. Chairman Vogel declared the Public Hearing open. There being no comments from the public, the Hearing was closed. Mr. Robert Hamner made a motion to recommend approval to the City Council for amending "Gardens East Plaza" PUD providing for sale of beer and wine at "Moonlight Cafe ". Mr. Mike Rosen seconded the motion. Mr. Rosen moved to amend the motion to include the Staff Report dated February 81 1989. The motion to amend passed with a 3 -1 vote, with Mr. Ornstein • voting nay. The original motion, as amended, passed with a 3-1 vote, with Mr. Ornstein voting nay. Chairman Vogel complimented Mr. Walton and his staff on the work they have been doing. PUBLIC HEARING - Recommendation to City Council re: creation of "Golf Estates Villas" High Density Residential PUD, proposed to consist of 16 townhouse units and to be located on 1.5 acres contiguous to north of tri -plea existing on northwest corner of Holly Drive and N. Military Trail, per application of Mr. Len Kirschke (Public Hearing recessed from meeting of 12/27/88) Mr. Bristol Ellington, City Planner, addressed the Commission stating the petitioner has revised the site plan. The building and the parking lot have been reoriented on the site to accommo- date the ultimate right -of -way on Military Trail. The number of • units has been reduced from 16 to 14 and the landscaping materi- 9 als, initially proposed along the right -of -way, have been relo- cated back to the ultimate right -of -way. The pool has been added to the south of the six -plex and sidewalks have been provided in the rear of the project leading to the pool area. A shower facility has also been provided. Mr. Ellington advised that the reduction in units has negated the need to amend the land use plan. Mr. Ellington stated that staff recommends approval of this project with the following condi- tions: 1. The dumpster be reoriented to improve driving maneuvering. 2. The applicant will pay all recreation impact fees to the City prior to issuance of a building permit. 3. The applicant will comply with LBF &H stipulations. 4. The applicant will establish a homeowner's association •for all common areas and improvements. 5. The development must comply with the approved site plan which exhibits the future ROW for the western side of Military Trail. 6. In the event the petitioner abandons or deviates from the approved development plan or if the petitioner fails to file the first plat within 12 months, when required, after the date of the final City Council approval, or within any authorized time expansion period, the planned unit develop- ment shall become null and void and the land shall revert to the zoning district existing immediately prior to the filing for the creation of a PUD pursuant to Section 159.118, Abandonment of PUD. 7. Approval from Palm Beach County Health Department (as per chapter 10 D.5 of the Florida State Statutes) must be ob- tained prior to issuance of a bulding permit. Mr. Ellington stated that if a pool area is more than 200 ft. from any of the units, which it is in this case, public bathroom facilities and showers are required. The petitioner will need to either redesign the site to comply with this requirement or obtain approval from the Health Dept. • 8. If the petitioner chooses to plat the 14 units into indivi- 10 • dual lots, a replat must be approved by the City Council. Mr. Hamner expressed concern that the project is too close to the pool enlcosure of the residence to the south, and front and rear elevations have not been provided. Mr. Rosen expressed concern with the commercial sidewalk, and resulting foot traffic, impacting on the residential property to the rear. Mr. Rosen stated a decision needs to be made as to where the bathroom will be located. Mr. Len Kirschke addressed the Commission stating he was asked to provide the sidewalk and he does not anticipate heavy traffic to the pool. Mr. Kirschke stated if a bathroom is required it will be provided. A discussion ensued regarding the requirement for bathroom facil- ities for condominiums, apartments, homeowners. Mr. Bob Sondberg, Architect, addressed the Commission stating he has checked with the Palm Beach County Health Department and has been informed that bathroom facilities are required if the project proposes to have in excess of 32 units in a condominium situation. Mr. Rosen suggested a berm be placed in the rear of the project to lessen the intensity of the foot traffic visible to the resi- dential homes. Mr. Sonberg stated berming along the rear property line would cause problems with drainage, maintenance and access. Chairman Vogel declared the Public Hearing open. • Mr. Richard Gaunt, 4598 Juniper Lane, addressed the Commission 11 stating he would like the project appearance to be consistent with the Garden Trail project to the north and would be in favor of a berm along the property line. Mr. Gaunt stated he would strongly object to rear second story windows. Ms. Jacqueline Simms, property owner closest to the proposed project, addressed the Commission to confirm that there will be no second story windows. Ms. Simms stated the pool backing up to her yard is not a problem. Mr. John Aman, 4588 Juniper Lane, stated he is in agreement with Mr. Gaunt and Ms. Simms. Mr. John Gunn, 4567 Holly Dr., addressed the Commission express- ing concern with the foot traffic to the pool and drainage into his yard. Mr. Gunn stated he does not believe the easement behind the property is wide enough for service vehicle access. • Mr. Ornstein pointed out that a fence is running through the center of the easement and asked how service vehicles will ac- cess. Mr. Walton stated he will research and advise. Mr. Gunn expressed concern with the possibility of having to remove trees on his property to provide access to the easement. Mrs. Kathy Aman addressed the Commission expressing concern with the sidewalk and asked that it be screened with plant materials. There being no further comments from the public, Chairman Vogel closed the Public Hearing. . Mr. Jeffrey Ornstein made a motion to recommend denial of this petition to the City Council, as he does not believe it to be is compatible with the residences in the area. 12 -19 Chairman Vogel stated that in the past the Commission has tried to avoid negative motions, and would prefer to have someone state the motion in the positive, and then vote on that motion. Mr. Ornstein stated he would not make a positive motion on the project. Mr. Ornstein's motion died for lack of a second. Mr. Rosen stated he could make a positive recommendation and moved to recommend approval to the City Council with the following proviso: 1) All staff comments are included in the proposal. 2) Staff, prior to submission to City Council, investi- gate the easement situation of the canal to ensure the easement is maintained. 3) The sidewalk is deleted. 4) A berm be installed along the rear property line to buffer the residential units to the south, with the height to be 3' to the top of the berm with vegeta- tion, as shown on the plans, to be acceptable. 5) If a bathroom is required by the Health Dept., the location be reviewed by the City Council for compatibility with the single - family residences on adjacent property. 6) Landscaping and maintenance extend toward the canal and maintained. 7) The developers look into an on -site drainage system, once the sidewalk is removed, to ensure that proper drainage leave the site and does not impede any of the single - family residences adjacent to it, nor the property to the north. Mr. Hamner seconded the motion, which passed with a 3 -1 vote, with Mr. Ornstein voting nay. NEW BUSINESS 13 • • 140 Mr. Rich Walton advised that Commission packets will be available for pick up by the end of the day on Thursday prior to a meeting. If it is not convenient to pick up the packets at that time, they will be left at the Police Department for pick up. Chairman Vogel advised that Mr. John Toshner, Vice Chairman of the Commission will be submitting his resignation due to in- creased workload and travel schedule. Chairman Vogel stated he would hope that Domenick Lioce, Alter- nate Member, would be elevated to regular member. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:30 P.M. The next Regular Meeting of the Planning and Zoning Commission will be held on Tuesday, J- aa4a.r -y -28, 1989. APPROVALS i j% CHAIRMA OGEL ------------------- - - - --� JEFFREY ORNSTEIN MI R EN JEAN LONG , S aTARY IC C iAN TOSHNER -- - - - - -- - - - -- RO ER HAMNER DOMENICK LIOCE 14