HomeMy WebLinkAboutMinutes P&Z 050995CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
MAY 9, 1995
MINUTES
The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach
Gardens, Florida, was called to order by Chairman Carl Sabatello 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 Alice Everard, Secretary for the meeting:
Present
Carl Sabatello, Chairman
Diane Carlino, Vice Chair
Daniel Honig
Phillip Lyddon
Thomas Pastore
John Glidden
Christopher Jones, Alternate
Tom Paganini, Alternate
Absent
William Mignogna
. Also present at the meeting were Assistant City Manager Greg Dunham, and Assistant City
Attorney Paul Golis.
ITEMS BY PLANNING AND ZONING DIRECTOR
Planning and Zoning Director Richard Walton stated that the City Council at their last
meeting had adopted Resolution 55 regarding conflict of interest, a copy of which had been
provided to each member of the Planning and Zoning Commission.
Director Walton explained that Agenda Item 8, Public Hearing for The Bridge Center PUD,
had been advertised for this meeting at the petitioner's request, however, he was unsure
whether all items had been resolved.
Principal Planner Bristol Ellington reported that revisions had been made to the proposed
newsrack ordinance by Assistant City Attorney Golis. Chairman Sabatello requested that
item be moved to the end of tonight's agenda.
ITEMS BY CITY COUNCIL LIAISON
There were no items from the City Council Liaison.
APPROVAL OF MINUTES:
Minutes of April 25. 1995 - Ms. Diane Carlino made a motion to approve the minutes as
submitted. The motion was seconded by Mr. Thomas Pastore. The motion was
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May 9, 1995
unanimously approved by a 7 -0 vote.
SITE PLAN AND APPEARANCE REVIEW COMMITTEE
Workshop: Petition SP -94, by Timothy J. Messler, agent for John D. and Catherine T.
MacArthur Foundation, representing McPhail Properties, Inc., is requesting site plan
approval to construct three buildings, totalling 30,000 square feet, on a 3.9 -acre tract
(formerly Gardens Lanes Bowling Alley). Located on the north side of Northlake Boulevard
and immediately west of the C -17 Canal. (18- 42S -43E)
Principal Planner Bristol Ellington reviewed the staff report dated May 4, 1995, and
explained that items 1, 5, 7 and 11 would be discussed. In discussion of Item 1, the
upgrading of Shadberry Street, Mr. Ellington reported that the City Engineer's verbal report
was that the upgrade did not comply with the City's code and recommended a redesign
which would include curbing, sidewalks, grass and proposed drainage. Mr. Ellington
explained that petitioner was still requesting the awning (Item 5), however, was not
requesting that it be internally- illuminated. Mr. Ellington provided color samples to
illustrate Items 7 and 11, compatibility of colors between Pep Boys and Boston Market.
• Mr. Timothy J. Messler, agent for the petitioner, commented that his understanding from
the City Engineer's comments was that the road should be brought up to code, and
explained that since it would be temporary in that it would be used only until Congress
Avenue was extended, which was reported to be in about a year that only the structural
capacity of the roadway had been increased. Chairman Sabatello explained that
documentation must be presented to the City from the County stating that the Congress
Avenue extension would be installed and the date, that even a temporary roadway must be
made safe, and that the City Engineer and staff must be made comfortable. Mr. Tom
Pastore suggested that if agreement could not be reached with the City Engineer that credits
against road impact fees might be considered. Mr. Messler responded that the road
probably would not meet thoroughfare standards and questioned the need for sidewalks.
In discussion of aesthetics of the buildings, Mr. Messler explained that the compatible color
scheme had been developed, that the facade on the west side of the Pep Boys building had
been changed, that the building had been moved back slightly in order to increase the
landscaping, which had been softened with larger trees. Troy Holloway of George Gentile
and Associates reviewed the landscaping changes, and explained that if trees were added
under the signs that their height would come up to the sign height and therefore had not
been added to the plan. Chairman Sabatello questioned why the mansard roof had not
been added to the Pep Boys building. Disappointment was expressed by Mr. Honig and the
Northlake elevation (south) had not been architecturally softened as previously encouraged
by the Committee. Mr. Messler explained that landscaping and compatible colors and
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• May 9, 1995
materials had been used to soften the south elevation. Chairman Sabatello reminded the
petitioner that the architect had suggested that he would present slides of another Pep Boys
building which had a different design. Chairman Sabatello polled the Committee and
determined that the look of the building was not favorable, and explained to Jim Darcy of
Pep Boys that the Committee had strongly recommended a mansard roof, and that a
massive cubical building was undesirable. After further discussion, Mr. Glidden suggested
that the building was essentially a large rectangular box, that the west elevation needed to
be addressed, that a two - dimensional plan was not sufficient and needed to be supported
with a floor plan and elevation, and suggested that more landscaping could be added to the
west elevation. Mr. Ellington clarified that staff had initially advised the petitioner not to
present their prototype building since the City desired buildings that were more
architecturally pleasing; however, a prototypical plan had been submitted. Mr. Glidden
requested that a floor plan be submitted.
Mr. Ellington responded to concerns expressed regarding the signage which was not the
same as presented at the last meeting that he would verify with Building Official Hanson
that the signs as shown on the revised plan were acceptable. Mr. Honig brought up the
issue of Art in Public Places which this project would need to address if it were over a
million dollars.
Mr. John Scope reviewed the colors for Boston Market and described the softened gray with
• white and red striping as similar to the Pep Boys colors. Chairman Sabatello requested a
colored elevation as close in color to the actual paint samples as possible. All of the
Committee members were comfortable with the colors. Mr. Scope submitted pictures of
Boston Markets located in Boca Raton. The Committee discussed the awning versus awning
with mansard roof and all were in favor of the awning with mansard roof using cement tile.
Chairman Sabatello requested that a larger picture be presented at the next meeting
depicting the cement tile. Mr. Scope explained that that had only been used for one specific
case and that corporate management would prefer the awning, and that there were several
buildings with awnings along Northlake Boulevard. It was determined in discussion that of
the buildings cited by Mr. Scope that only Blockbuster Video was within the City of Palm
Beach Gardens. Mr. Honig commented on other examples where the corporate
management had been willing to change their prototype plans to the standards preferred in
Palm Beach Gardens. Chairman Sabatello advised the petitioner that they had the right to
remain with their plan and appeal to the City Council. A corporate representative with
the sole franchisee for Boston Chicken in the state of Florida stated that the Boca Raton
site had been built before standards were established and that a familiar design was desired
as a trademark for the business. After discussion, Chairman Sabatello commented that the
Committee was sensitive to the need for corporate identity and that other national
companies had made adjustments to comply with the City's standards. A poll of the
Committee revealed that Diane Carlino and Thomas Pastore would not object to the awning
as presented; the other members would vote against the awning. Specific recommendation
to the applicant was that the Committee desired a cement tile roof with an awning above
the side entry as close as possible to the picture presented.
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Further discussion ensued regarding the architecture of the Pep Boys building in relation to
the Boston Market building. The Committee was polled regarding whether a mansard roof
on the west elevation was a requirement or a suggestion. Mr. Jones stated that the mansard
was not necessarily the only option but that some architectural feature was needed to break
up planes, create shadowlines and visual interest, along with enhanced landscaping, to
provide more character along the west side of the building. Agreement was voiced by the
other Committee members, with Mr. Glidden and Ms. Carlino also requesting additional
landscaping.
Mr. Messler responded to Mr. Glidden that Shadberry Street was not within the right of
way. Mr. Messler received direction for the next meeting that there were no objections to
the proposed colors, that colored elevations were desired by the Committee, that the east
and west faces of Boston Market needed additional landscaping, and that revised plans must
be presented to staff 5 working days before the next meeting.
In summary, the Commission had the following comments, questions, and suggestions:
1. Provide documentation for the City and staff affirming the start and completion of
construction for the Congress Avenue right -of -way.
2. Provide plans to upgrade Shadberry Street that are acceptable according to the
• City's engineer and the City's staff standards.
3. Reduce the massing of the Pep Boys building.
4. Soften the elevations of the building through architectural changes and /or enhanced
landscaping.
5. Provide a floor plan and roof plan. the floor plan should demonstrate relief of the
building.
6. Regarding the Boston Market the Commission suggested the following:
• Cement tile, mansard roof similar to the Boca Raton restaurant
• Awning acceptable above the side entry
• Provide a color rendering of the building.
8. There should be more compatibility in materials, colors and style between the
buildings.
9. Consider softening the Boston Market building through landscaping.
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PLANNING AND ZONING COMMISSION
Public Hearing for Petition PUD- 94 -17, by Lawrence Smith, agent for the American
Financial -Downs Partnership, is requesting Planned Unit Development approval for the
construction of a restaurant building on a 2.947 -acre site. Located generally at the
northwest corner of PGA Boulevard and Ellison Wilson Road. (5- 42S -43E)
Chairman Sabatello stated for the record that two letters had been sent to the Commission
members at their homes by Attorney Gerald Rossow.
Principal Planner Bristol Ellington reviewed the staff report dated May 4, 1995.
Mr. Honig asked whether the Palm Beach Gardens Police had authority to issue a citation if
a resident complained that the sound was too loud. Mr. Ellington responded that he had
confirmed with the Police Chief that the Palm Beach Gardens police would enforce
regulations if they were called by a county resident, and that the performance standard was
enforceable by the Code Enforcement division. Further discussion ensued. Planning and
Zoning Director Walton stated that an existing ordinance allowed staff to measure noise,
but that allowing outdoor noise would make enforcement by Code Enforcement more
difficult.
• Mr. Ellington stated that item 4 under "Recommendations" in the staff report should be
corrected from 355 to 335 seats allowed in the first and second floors of the restaurant. Mr.
Ellington also explained that item 13 should also include a seawall to be constructed on the
north property line; number 16 should state that outdoor night -club type entertainment,
music or loud speakers shall not be permitted on the premises including within the outdoor
pavilion. Chairman Sabatello questioned whether there had been any discussion with
residents to determine who would be responsible for maintenance of the meandering wall
and requested that the petitioner address that issue. Mr. Pastore questioned the roof -
mounted sign, to which Mr. Ellington responded that the wire mesh had been removed and
options were to mount the sign either above or below the trellis. Mr. Honig addressed
condition 21 and recommended that construction of the wall to its full height be completed
prior to commencement of any site work. Mr. Honig also addressed condition 22 and
suggested that delivery time should end earlier than 9 P.M. A definition from the Police
Department regarding action they could take for excessive noise was requested by Mr.
Honig.
Larry Smith, agent for the petitioner, requested that the Chairman accept into evidence and
into the record of this meeting all materials currently in the file of the City concerning this
petition. Chairman Sabatello asked whether Mr. Smith wanted all of the items that Mr.
Smith had supplied to staff to date made part of the record; Mr. Smith responded he would
like all of the items that he had supplied to date, all staff materials, and whatever else
happened to be in the City's files to be part of the record.
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• May 9, 1995
Mr. Smith distributed to each member of the Commission an item by item response which
he had prepared to facilitate his comments. Mr. Smith stated than item 28 which was added
by Mr. Ellington was no problem. Mr. Smith stated that in response to staff
recommendation number one he would prefer his language, which was that petitioner should
demonstrate that the buildings do not encroach on the existing utility or maintenance
easements of record. Mr. Smith clarified that his objection for the record was that Seacoast
was entitled to their easement and stated that he had spoken with City Engineer Lindahl
who did not want the language changed. Chairman Sabatello questioned when Mr. Smith
stated he wanted an objection for the record whether he was saying he did not accept staff
conditions as stated and wanted them changed, or whether he was saying he would like to
work towards getting them revised. Mr. Smith stated he would like to change that condition,
however, if the Commission chose to keep the language because the City Engineer did not
want it changed, that although he found it unacceptable he would work toward compromise
language with Mr. Lindahl. Chairman Sabatello clarified that petitioner needed to satisfy
department or staff and work out the language.
Mark Whitman, Architect for the project, addressed the location of the roof - mounted sign,
stated he proposed lowering it and attaching it to the grillage since the sign's constant
movement could cause roof leaks. A poll of the Commission revealed that two members,
Mr. Pastore and Mr. Glidden were opposed to the sign's location as shown on the plans.
• Mr. Smith proposed alternative language in condition 3 to allow periodic use of the outdoor
patio for additional seating for special events. Ms. Carlino questioned how this could be
monitored.
Chairman Sabatello asked whether anyone was in favor of Mr. Smith's number 3 and
received no response. Chairman Sabatello asked whether anyone was in favor of the staff's
condition 3 to which Mr. Honig responded he was not, since seats were based upon the
amount of space within the restaurant according to a formula allocating a number to each
area. Mr. Honig's statement was then clarified to apply to condition 4 and he stated he did
agree with staff's language in condition 3.
In discussion of condition 4, Director Walton suggested that instead of stating the 335 total
that a change be made to state no more than 256 on the first floor and 79 on the second
floor. Mr. Smith stated that was what had been discussed, however, the floor plans
submitted were preliminary and if during the final design development it turned out there
were 260 seats downstairs then the upstairs would have to be reduced by four seats, and
requested some flexibility. Mr. Honig agreed. Director Walton expressed his objection that
since the second floor was fairly large that they might move a number of seats upstairs. Mr.
Smith suggested a 20% swing either way. Chairman Sabatello reminded the petitioner that
capacity must be met. After further discussion plus or minus 15 seats on either level was
suggested by the architect. Mr. Pastore objected and stated he believed the seating should
remain fixed on each level.
After discussion, the Commission did not agree with Petitioner's suggested change to
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condition 5. Mr. Honig requested condition 5 be changed to include the first and second
floor dining areas and the pavilion.
Mr. Smith requested a change to condition 6 to allow seating on the small balcony on the
west side of the building. The change was agreed to by the Commission with the restriction
of a minimum height screening wall of 6'8" and no access from the second floor restaurant.
Mr. Smith agreed to the second number 6 in the staff report as well as to condition number
7. Mr. Smith stated that both condition 8 and 9 referred to the Seacoast easement discussed
earlier and that the language would be worked out with Mr. Lindahl. Mr. Smith stated that
10, 11, and 12 were o.k., that 13 was acceptable with "west" changed to "north" and explained
where the seawall would be and what the permit would entail.
In condition 14, Mr. Smith requested the words "if available" be added at the end of the
sentence. Director Walton objected, therefore, Chairman Sabatello requested the proposed
change be worked out with staff.
Mr. Smith agreed that conditions 15 through 26 were o.k. except for condition 16 which had
been changed, and requested the ability to demonstrate that the noise would not be a
problem to the neighbors since it should not be a problem if kept below the existing
• background noise of the bridge, the waterway, etc. Mr. Smith stated that condition 16 was
acceptable as stated in the staff report, before the change was made earlier in this meeting.
Discussion ensued regarding outdoor entertainment, which Mr. Ellington stated was not the
original intent of the PUD, recommended that the Commission accept staff's recommended
change, and allow the petitioner to appeal to the City Council if he desired to do so.
Mr. Honig expressed concern that the rear area between the building and the wall would
become a hangout for kitchen employees who would create excessive noise and suggested a
restriction that would not allow them to enter the area. It was suggested that would be a
management issue.
In condition 21, Mr. Smith suggested an alternative to Mr. Honig's prior suggestion by
eliminating the word "excessive" in order to be able to have surveyors working, etc. Mr.
Honig suggested the addition of "prior to utilization of earth - moving equipment ". Chairman
Sabatello requested the language be worked out to avoid conflicts.
The problem with 9 P.M. deliveries in condition 22 was agreed to be changed to 7 P.M.
Mr. Smith explained that petitioner had no problem with condition 27 and would work out
details with staff. Mr. Smith stated there was also no problem with condition 28.
Mr. Honig requested further discussion of restricting the rear area to employees. Mr. Smith
stated that the petitioner would work that out.
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Chairman Sabatello declared the Public Hearing open, and introduced into the record a
letter from Helen K. Haugen, 11380 Prosperity Farms Road, Suite 119, dated 5/5/95,
addressed to the City of Palm Beach Gardens Planning and Zoning Commission referenced
to the proposed Ale House at the corner of Ellison Wilson and PGA which was requested
to be made a part of the record of this meeting.
Richard Arnold questioned the outcome of the outdoor music issue. Chairman Sabatello
responded that no decision had been reached. Mr. Arnold commented he agreed with staff,
and polled the public present at the meeting - -all present raised their hands opposing the
music. Mr. Arnold begged the Commission to disallow outdoor music.
Mrs. Clara Evans, 2058 S. Waterway, explained how the original PUD restricted night time
entertainment. Mr. Ellington responded that although the original PUD had expired that
the stipulated original conditions would always apply. Mrs. Evans commented that the
pavilion was an outside room.
Mr. Darrell Evans, 2058 S. Waterway, questioned the extent and time of operation for the
parking lot lighting. Discussion ensued during which Mr. Ellington stated that the Code
restricted lighting. Mr. Evans requested that the same hours be established as for the River
House restaurant rather than until 2 A.M., especially during the week. Mr. Ellington stated
that hours of operation in the Code only applied to the serving of alcohol and that alcoholic
beverages could not be served between 3 A.M. and 8 A.M., and 5 A.M. to 8 A.M. on New
• Year's. Mr. Evans reported the restaurant owner had told the residents that he had a 24-
hour operation and there were always employees on the property.
Another resident questioned what would happen if the neighbors did not agree to the wall.
Don Colvin, 2035 S. Waterway Drive, expressed concern with the turn lane off Ellison
Wilson Road and requested drivers be restricted to the turn lane, and requested that
parking be restricted on Waterway Drive. Chairman Sabatello advised that the Commission
was concerned but the City could not help in that area since it was under the jurisdiction of
the County. Mr. Colvin replied to Mr. Honig that he believed the installation of this
restaurant might not devalue his property if it were a quality operation, without noise and
well controlled; however,
if noise were generated that would affect his property.
Glen Erzat, Smith Drive resident, questioned what would happen to Smith Drive and was
told it would be paved to a certain point as contained in condition number 10, and that
access to PGA would be more difficult. Mr. Erzat inquired as to lighting operation for the
Smith Drive parking lot and was told it would be the same as for the other parking lot. Mr.
Erzat questioned odor from the restaurant to which Chairman Sabatello responded by
reading the applicable condition and suggested Mr. Erzat communicate with staff for further
clarification.
Further discussion regarding parking on Smith Drive revealed that Smith Drive was a
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• May 9, 1995
private road, a section of which had been deeded to the County, and Mr. Honig requested
that be ascertained by staff before Planning and Zoning Commission approval of this
project. Mr. Smith stated that Alan Webb from the County had promised a letter showing
that almost all residents had deeded their interest to the County. Mr. Honig stated that
staff must receive a letter as proof. Mr. Smith concurred that a condition could be added
however since it was a prior road that petitioner had a right to use it.
Mr. Evans questioned whether the residents would be notified of the next meeting and was
told they would be notified by mail.
Henrietta Haarde, 2087 Waterway, objected to approval of a sports restaurant and bar with
television in the pavilion and late hours of operation.
Suzanne Lavac, 1941 Smith Drive, objected to the anticipated traffic problems and noise,
and stated that she could hear the noise from the Waterway Cafe. Ms. Lavac inquired
whether there would be a wall at the Smith Drive parking lot and was told there would be a
wall, and that drainage would be under the road.
Gerry Rossow stated that he was an attorney who represented private property owners who
lived in Palm Beach Gardens as well as Panama Hattie's. Mr. Rossow verified with
Chairman Sabatello that the letters he had sent were now a part of the record. Mr.
• Rossow's concerns were that restaurants had a history of closing and enforcement of
conditions by subsequent owners could be a problem. Mr. Rossow suggested that all
operations be confined to indoors, that restrictions be instituted for dockage to limit to
residential and not commercial usage, that balconies should be restricted and not used at all,
and the left turn lane should be longer for traffic safety. Mr. Rossow expressed concern that
traffic from the Target project would impact the area; that the City did not need to create
additional traffic problems by approving a high intensity project, and urged that if this
project were approved that it be approved with restrictions.
A petition was presented by a resident which is attached and made a part of the record.
Chairman Sabatello declared the Public Hearing closed.
Chairman Sabatello inquired whether there was any restriction that would prohibit a floating
dock or boat which could add more seating to the restaurant operation, and was informed
that would be outside the City's jurisdiction. Discussion ensued. Mr. Smith cited an
example at Panama Hattie's where the dock had been residential however an agreement had
allowed food service there. Mr. Smith stated that they would need to work out with staff
any environmental permitting and might be grandfathered. Director Walton commented
that the purpose of condition 14 was to require the petitioner to come to the City for
approval of a dock. Mr. Honig commented that the restriction to serving food outside
should include language such as "any vessel that docked on the intracoastal waterway ", which
was agreed to by the Commission.
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Further discussion of condition 16 regarding outside music ensued. Director Walton
explained that the code section cited in condition 17 was limited. Mr. Lyddon stated
opposition to music or television in the pavilion. Mr. Glidden stated that the Commission
had requested information regarding testing of decibels which had not been addressed by
the petitioner. Mr. Honig stated that staff recommendation should be followed by the
Commission. Mr. Smith suggested a condition that required the petitioner to demonstrate
the noise level to staff. A poll of the Commission members as to Condition 16 as changed
by staff: Outdoor nightclub -type entertainment, music or loud speakers shall not be permitted
on the premises, including within the outdoor pavilion, resulted in Ms. Carlino, Mr. Honig, Mr.
Pastore and Mr. Lyddon in favor and Mr. Glidden, Chairman Sabatello and Mr. Jones not
in favor. Mr. Jones objected that music was included in the restriction.
During further discussion of condition #10, Mr. Honig opposed moving the project forward
until the destiny of Smith Drive was known, and commented that what the residents' rights
were to say how the road was used would be a question for the City Council. Condition 10
was further clarified to require that prior to site plan approval by the City Council that the
petitioner must demonstrate to the City that the applicant had the authority to pave Smith
Drive and that it would be paved, completed, and opened to the public prior to the issuance
of the Certificate of Occupancy for the restaurant.
Additional items discussed included the possible addition to condition 16 of no television in
• the outdoor pavilion which was favored only by Mr. Lyddon; that any construction requiring
earth - moving equipment would commence concurrent with construction of the wall between
the site and the adjacent neighborhoods; and that the pavilion must close by 11 P.M.
Motion:
Vice Chair Diane Carlino made a motion to recommend approval of the above mentioned
petition to the City Council with the following conditions:
1. Prior to final approval of this petition by the City Council, the petitioner shall
provide to the City a sign -off from Seacoast Utility Authority that they have no
objection to the proposed site plan and have resolved concerns regarding their
existing utilities.
2. Outdoor seating and /or service shall not be allowed on or adjacent to the waterway,
which shall include any vessel docked on the intracoastal waterway except the
outdoor pavilion.
3. No more than 60 seats shall be allowed in the outdoor pavilion and no more than
256 seats allowed in the first and 79 seats allowed on the second floors of the
restaurant, plus or minus 15 seats between floors.
4. The first floor and second floor dining areas shall operate in the capacity as one
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• May 9, 1995
restaurant.
5. No access from the second floor restaurant shall be provided to the west balcony. No
food service shall be provided to the west balcony. Outdoor seating or assembly shall
not be allowed on the east balcony of the restaurant building. In addition, the second
floor doorway on the east elevation of the building shall be used for emergency
purposes only.
6. The restaurant's kitchen and garbage enclosure exhaust system shall be filtered.
Pollution and odor generated from the restaurant shall comply with Section 159.078
entitled, 'Performance Standards ", Subsections (B) entitled, "Odor" and (F) entitled,
"Smoke ", of the City's Land Development Regulations.
7. The restaurant shall comply with the parking requirements as set forth in Section
159.110(F) entitled, "Number of Parking Spaces Required ", of the City's Land
Development Regulations. If the operations of the restaurant has an adverse impact
on the off - street parking in the adjacent residential neighborhoods, the City shall
monitor the seating and employee ratios of the restaurant to determine compliance
with said section.
8. Prior to the issuance of the first building permit, a signed and sealed boundary survey
• and horizontal control sheet shall be submitted identifying the envelopes of all
proposed buildings in proximity to the existing utility and maintenance easements of
record with written approval from the utility companies.
9. Prior to the issuance of the first building Certificate of Occupancy, a plat of the
subject property shall be recorded. Written approval of the Plat shall be obtained by
the utility companies prior to submission of the Plat for Council approval.
10. Prior to site plan approval by the City Council, the petitioner shall demonstrate to
the City that the applicant has the authority to pave Smith Drive from Ellison Wilson
Road to the eastern property line of the 0.307 -acre tract. Smith Drive shall be paved
(to Palm Beach County standards), completed and open to the public prior to the
issuance of the Certificate of Occupancy for the restaurant.
11. The improvements to Ellison Wilson Drive shall be completed and open to the public
prior to the issuance of the Certificate of Occupancy for the restaurant.
12. Prior to the issuance of the first building permit, a permit shall be obtained from the
Florida Department of Transportation for the proposed landscaping within the 10-
foot maintenance easement along PGA Boulevard.
13. Prior to the issuance of the first building permit, all permits shall be submitted to the
City from all applicable regulatory agencies for the construction of the seawall along
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• May 9, 1995
the north property line.
14. Prior to the issuance of the first building permit, all permits shall be submitted to the
City from all applicable regulatory agencies to utilize the docks for
public /commercial purposes.
15. Prior to the issuance of the first building permit, a definitive method with supporting
legal documents, acceptable to the City, shall be submitted for maintaining the
portions of the property lying north of the north wall.
16. Outdoor nightclub -type entertainment, music or loud speakers shall not be permitted
on the premises, including within the outdoor pavilion.
17. Sounds emanating from the restaurant site shall not exceed standards set forth in
Section 159.078 entitled, "Performance Standards ", Subsection (A)(1) entitled, "Noise ",
of the City's Land Development Regulations.
18. All windows on the second floor office as shown on the north elevation shall be of
obscure glass or glass block.
19. All roof - mounted equipment shall be screened from line of sight view.
• 20. Areas that have been allowed to have vegetation or ground cover removed pursuant
to the approved site plan, and subsequently abandoned for any reason for more than
three months, shall be seeded with a ground cover or grass immediately upon request
by the City or the City shall have the work done at the owner's expense.
21. Construction walls between the site and the adjacent residential neighborhoods shall
commence concurrently with the commencement of construction requiring earth
moving equipment other than for the construction of the wall of any other portion of
the development. Construction of the wall to its full height shall be complete prior
to the commencement of any site work which generates excessive dust and noise.
22. No deliveries to the restaurant shall occur prior to 7:00 A.M. or after 7:00 P.M.
23. Prior to clearing or construction, trees or native areas designated for preservation
shall be tagged or roped -off. Prior to land clearing, the developer shall erect and
maintain protective barriers around the drip line of the trees to be protected. All
work shall be inspected and approved by the Landscape Architect of Record and the
City Forester prior to the issuance of any Building Department permit requiring land
clearing. Section 153.20 shall also be enforced during construction.
24. All tree protection /relocation and landscape work shall be performed using current
professional landscaping standards. The Landscape Architect of Record shall
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• May 9, 1995
monitor all tree protection efforts, all tree relocation work, all landscaping work, and
any work that affects the outcome of the approved landscape plans. The Landscape
Architect of Record shall notify the City prior to any modifications to the approved
landscape plan.
25. All trees or plants designed for preservation /relocation that die during construction
or because of construction practices shall replaced using the following schedule: For
every inch of tree caliper lost, three inches of new tree caliper shall be replaced with
like specie. The minimum replacement tree shall be three inches in diameter. Palms
shall be replaced with like specie one for one with a minimum 10' height. Shrubs
shall be replaced with like specie one for one with a minimum 30" height. If the site
can not support the total number of replacement trees as required above, City
Council may permit the developer to donate excess trees to the City for planting on
public lands.
26. Prior to the issuance of the Certificate of Occupancy the Landscape Architect of
record shall certify in writing to the City that the landscaping has been completed per
the approved landscape plans. Any major changes to the approved landscape plans
shall be approved by the City Council. Once the City has the certified letter from the
Landscape Architect, the City Forester shall inspect the site for compliance. Once
compliance has been confirmed by the City Forester, the City Building Department
• shall be notified.
27. Project shall abide by Resolution 2, 1993, which requires, prior to filing of the plat,
the petitioner shall post a bond for the installation of the infrastructure including the
common and project landscaping /buffer and entry feature.
28. Prior to being scheduled before the City Council the site plan shall be revised to
reflect the deletion of the east /west portion of the second sidewalk south of the
entrance from the parking lot to the sidewalk along Ellison Wilson Road.
29. Hours of operation within all areas other than the main building shall cease
operation by 2:00 A.M., except the outdoor pavilion which shall cease operation by
11:00 P.M.
The motion was seconded by Mr. Thomas Pastore and was approved by a 7 -1 vote. Mr.
Daniel Honig voted against the motion because he believed that the project was
inappropriate for a residental district.
OLD BUSINESS
Newsrack Ordinance
is 13
Planning & Zoning Commission Minutes
May 9, 1995
Assistant City Attorney Paul Golis explained that he had reviewed the newsrack ordinances
from Coral Gables, Boynton Beach, and Boca Raton, and stated that he had prepared an
ordinance which was identical to that of Boynton Beach except that he had also added a
section to deal with grandfathering in existing newsracks. Attorney Golis commented that
the Coral Gables newsrack ordinance was too expansive and also was still in litigation and
that Boca Raton's ordinance did not contain enough information. The proposed ordinance
would allow right of ways and screening walls to be addressed.
NEW BUSINESS
Mr. John Glidden stated that under this ordinance he would be considered to have a conflict
of interest and his firm would not be able to do any business within the City of Palm Beach
Gardens as long as he remained on the Commission. It was the consensus of the Planning
and Zoning Commission to convey this Commission's disapproval of this ordinance and how
it should be modified.
• 14
Planning & Zoning Commission Minutes
May 9, 1995
ADJOURNMENT
There being no further business, upon motion by Ms. Diane Carlino, seconded by Mr. John
Glidden, and unanimously carried, the meeting was adjourned at 11:38 P.M. The next
meeting will be held May 9, 1995.
APPROVED:
-0.
Carl Sabatello, Chairman
�* rq�'�-
Jo n G dden
Thomas Pastore
Tom Paganini, ternate
�14)L- �
Alice Ever rd, Secretary
0 15
Diane Carlino, Vice Chair
Daniel Honig
(Absent)
William Mignogna
ristophe Jones/Alternate
APPLICANT'S ITEM BY ITEM RESPONSE
TO RECOMMENDED CONDiTIONS OF APPROVAL
• THE BR(DGE CENTER PUD
(GARDENS ALE HOUSE)
STAFF REPORT OF MAY 4, 1995
1. Prior to final approval of this petition by the City Council, the petitioner shall
demonstrate to the City that the proposed buildings do not encroach on the existing
utility or maintenance casements of record.
2. Object. We prefer signage as shown.
3. Seating for food or beverage setvic;c shall not exceed 395 seats.
4. O.K.
5. The first and second floor dining areas shall operate under a unified management.
6. Outdoor seating car assembly shall not he allowed on the east balcony tit the building.
In addition, the second floor doorway can the east elevation of the building shall be
used for emergency purposes only.
6. U.K.
7. O.K.
if+. Prior to the issuance; of the first building permit, a signed and scaled houndary survey
and horizontal control sheet shall be submitted identifying the envelopes of all
proposed buildings in proximity to the existing utility and maintenance casements of
record demonstrating; that the buildings de) not encroach on the easements.
9. Prior to the issuance of the first Building; Certificate of Occupancy, a plat of the
subject property shall be recorded. Written confirmation from the utility companies
that the buildings do, not encro,ueh on the easements shall be obtained prior to
submission ol' the flat for Council approval. .
10. - 12. O.K.
13. Change "west" to "north ".
14. Add "if available ".
i5- 26.O.K.
27. Add "with the City engineer determining the extent of infrastructure requiring; ,uch
a bond ".
1]
•
�J
PETITION
TO THE CITY OF PAIM BEACH GARDENS
ON THE BRIDGE CENTER PUD
I, the undersigned, own or reside at property-situated near the
proposed Bridge Center PUD at the northwest corner of PGA
Boulevard and Ellison Wilson Road.
I understand a petition has been filed to develope the property
by adding a 17,360 sq. ft. building to contain 13,320 sq. ft.
restaurant with seating for over 330 patrons and 4,000 sq. ft. of
space for a corporate office.
Public safety and traffic congestion already are year -long
problems at and around the intersection of PGA Blvd. and Ellison
Wilson Road.
Traffic generated by an Ale Souse restaurant, combined with 5,000
extra cars per day from the Target project will severely impact
existing safety and traffic problems at this intersection.
I further believe that enjoyment of my property will be
restricted and its value decreased by this PUD.
I respectfully request that the Bridge Center PUD be rejected.
Dated: A//Z/c 1. , 1995.
Executed by:
print name
i
Address:
0-
L'
PETITION
TO THE CITY OF PALM BEACH GARDENS
ON THE BRIDGE CENTER PUD
I, the undersigned, own or reside at property situated near the
proposed Bridge Center PUD at the northwest corner of PGA
Boulevard and Ellison Wilson Road.
I understand a petition has been filed to develope the property
by adding a 17,360 sq. ft. building to contain 13,320 sq. ft.
restaurant with seating for over 330 patrons and 4,000 sq. ft. of
space for a corporate office.
Public safety and traffic congestion already are year -long
problems at and around the intersection of PGA Blvd. and Ellison
Wilson Road.
Traffic generated by an Ale House restaurant, combined with 5,000
extra cars per day from the Target project will severely impact
existing safety and traffic problems at this intersection.
I further believe that enjoyment of my property will be
restricted and its value decreased by this PUD.
I respectfully request that the Bridge Center PUD be rejected.
Dated: /'1' a.
, 1995.
print nama i r
Address: �f
/Z
9
•
•
PETITION
TO THE CITY OF PALM BEACH GARDENS
ON THE BRIDGE CENTER PUD
I, the undersigned, own or reside at property situated near. the
proposed Bridge Center PUD at the northwest corner of PGA
Boulevard and Ellison Wilson Road.
I understand a petition has been filed to develope the property
by adding a 17,360 sq. ft. building to contain 13,320 sq. ft.
restaurant with seating for over 330 patrons and 4,000 sq. ft. of
space for a corporate office.
Public safety and traffic congestion already are year -long
problems at and around the intersection of PGA Blvd. and Ellison
Wilson Road.
Traffic generated by an Ale House restaurant, combined with 5,000
extra cars per day from the Target project will severely impact
existing safety and traffic problems at this intersection.
I further believe that enjoyment of my property will be
restricted and its value decreased by this PUD.
I respectfully request that the Bridge Center PUD be rejected.
Dated: � d 7 , 1995.
ed by:
print nameih -D �i i171/
Address:
-71 �.
U]
•
PETITION
TO THE CITY OF PALM BEACH GARDENS
I, the undersigned, own or reside at property situated near the
proposed Bridge Center PUD at the northwest corner of PGA
Boulevard and Ellison Wilson Road.
I understand a petition has been filed to develope the property
by adding a 17,360 sq. ft. building to contain 13,320 sq. ft.
restaurant with seating for over 330 patrons and 4,000 sq. ft. of
space for a corporate office.
Public safety and traffic congestion already are year -long
problems at and around the intersection of PGA Blvd. and Ellison
Wilson Road.
Traffic generated by an Ale House restaurant, combined with 5,000
extra cars per day from the Target project will severely impact
existing safety and traffic problems at this intersection.
I further believe that enjoyment of my property will be
restricted and its value decreased by this PUD.
I respectfully request that the Bridge Center PUD be rejected.
Dated: , 1995.
Executed by:
print name ob�,e/ � 2elq
Address:
U]
•
PETITION
TO THE CITY OF PALM BEACH GARDENS
ON THE BRIDGE CENTER PUD
I, the undersigned, own or reside at property situated near the
proposed Bridge Center PUD at the northwest corner of PGA
Boulevard and Ellison Wilson Road.
I understand a petition has been filed to develope the property
by adding a 17,360 sq. ft. building to contain 13,320 sq. ft.
restaurant with seating for over 330 patrons and 4,000 sq. ft. of
space for a corporate office.
Public safety and traffic congestion already are year -long
problems at and around the intersection of PGA Blvd. and Ellison
Wilson Road.
Traffic generated by an Ale House restaurant, combined with 5,000
extra cars per day from the Target pVoject will severely impact
existing safety and traffic problems at this intersection.
I further believe that enjoyment of my property will be
restricted and its value decreased by this PUD.
I respectfully request that the Bridge Center PUD be rejected.
Dated: 1995.
Executed
� it � � • �
PETITION
• ON THE BRIDGE CENTER PUD
I, the undersigned, own or reside at property situated near the
proposed Bridge Center PUD at the northwest corner of PGA
Boulevard and Ellison Wilson Road.
I understand a petition has been filed to develope the property
by adding a 17,360 sq. ft. building to contain 13,320 sq. ft.
restaurant with seating for over 330 patrons and 4,000 sq. ft. of
space for a corporate office.
Public safety and traffic congestion already are year -long
problems at and around the intersection of PGA Blvd. and Ellison
Wilson Road.
•
Traffic generated by an Ale House restaurant, combined with 5,000
extra cars per day from the Target project will severely impact
existing safety and traffic problems at this intersection.
I further believe that enjoyment of my property will be
restricted and its value decreased by this PUD.
I respectfully request that the Bridge Center PUD be rejected.
Dated: , 1995.
ted b Address:
r� 3.5
print name C—J
•
0
•
PETITION
TO THE CITY OF PALM BEACH GARDENS
ON THE BRIDGE CENTER PUD
I, the undersigned, own or reside at property situated near the
proposed Bridge Center PUD at the northwest corner of PGA
Boulevard and Ellison Wilson Road.
I understand a petition has been filed to develope the property
by adding a 17,360 sq. ft. building to contain 13,320 sq. ft.
restaurant with seating for over 330 patrons and 4,000 sq. ft. of
space for a corporate office.
Public safety and traffic congestion already are year -long
problems at and around the intersection of PGA Blvd. and Ellison
Wilson Road.
Traffic generated by an Ale House restaurant, combined with 5,000
extra cars per day from the Target project will severely impact
existing safety and traffic problems at this intersection.
I further believe that enjoyment of my property will be
restricted and its value decreased by this PUD.
I respectfully request that the Bridge Center PUD be rejected.
A 7-Z 2
Dated: 3 , 1995.
Executed by:
print name
Address:
33c(
RESOLUTION 55, 1995
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, ESTABLISHING
A NEW POLICY PERTAINING TO A CONFLICT OF INTEREST
INVOLVING MEMBERS OF THE CITY COUNCIL AND MEMBERS
OF APPOINTED BOARDS.
WHEREAS, the City Council of the City of Palm Beach Gardens,
Florida, previously adopted a Resolution pertaining to voting
conflicts of members of the City Council and its appointed boards
and commissions; and
WHEREAS, the City Council recognizes that the deliberation and
votes of its members and those of individuals who have been
appointed to the various standing boards and Commissions of the
City should be subject to City policies regarding actual or
perceived conflicts of interest; and
WHEREAS, the City Council has previously established standards
pursuant to Resolution 104, 1993, based upon law and common sense
to avoid actual or perceived conflicts of interest so as to
maintain a proper community image and compliance with Florida law;
WHEREAS, the City Council_ has determined that some
clarification of Resolution 104, 1993, is necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. Each member of the City Council who is present at
a regular or special meeting of the City Council and each appointed
member of a standing Board or Commission of the City who is present
at a meeting of that standing Board or Commission shall vote on all
official matters which come before the City Council or that
Is
standing Board or Commission and may only abstain from voting where
• a conflict of interest under the provisions of Sections 112.311,
112.313 and 112.3143, Florida Statutes exists.
SECTION 2. City Council members and each member appointed to
a standing Board or Commission of the City is hereby declared to be
a public officer as defined in Section 112.3143(1) (a), F.S., and
shall be subject to the requirements set forth in Section 1 hereof.
SECTION 3. Each member of a standing Board or Commission, or
any partner or member of their business entity, shall not appear or
present any case, issue or matter before the Board or Commission of
which he or she or his or her partner or member of their business
entity is a member. Further, no member of a standing Board or
Commission of the City , or any partner or member of their business
entity, shall appear before or present to the City Council any
issue or matter, individually or as an agent, which was heard or
considered by the Board or Commission of which such person is a
member.
SECTION 4. The requirements of Section 1. of this Resolution
shall be applied to voting conflicts for individuals who have been
appointed to committees or task forces which have been created by
the City Council for a limited duration to address a specific
subject. However, the provisions of Section 3 shall not be applied
as it relates to an individual who has been appointed to a
committee or task force of a limited duration to address a specific
subject.
SECTION 5. No person shall appear before and present any
case, issue or matter, individually or as agent, to any standing
•
Board or Commission of the City of which he or she was a member for
• a period of one (1) year following his /her departure from that
Board or Commission. Further, no member of a standing Board or
Commission of the City or any partner or member of their business
entity shall appear before or present to the City Council any case,
issue or matter, individually or as an agent for a period of (1)
one year following his /her departure from that standing Board or
Commission.
SECTION 6. In the event a conflict of interest shall exist on
any issue, then pending before the City Council or standing Board
or Commission, then the public official having such conflict, shall
announce at the meeting the nature of the conflict, and shall not
participate in the discussion or vote. In addition thereto, such
person shall within fifteen (15) days of such recusal execute and
• file with the City Clerk the prescribed Florida required Conflict
of Interest Form.
SECTION 7. All portions of Resolutions in conflict herewith
are hereby repealed.
SECTION 8. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS THE DAYY/O AMA ; 1 5.
R. RUSSO, MAYOR
•
•
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN MONROE
COUNCILMAN JABLIN
COUNCILWOMAN CLARK
•
i f
THOMAS J. BAIRD, CITY ATTORNEY
AYE NM ABSENT