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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 is Planning & Zoning Commission Minutes 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 2 Planning & Zoning Commission Minutes • 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. 3 Planning & Zoning Commission Minutes May 9, 1995 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. 4 Planning & Zoning Commission Minutes . May 9, 1995 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. is 5 Planning & Zoning Commission Minutes • 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 0 6 Planning & Zoning Commission Minutes • May 9, 1995 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. • 7 Planning & Zoning Commission Minutes • May 9, 1995 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 • 8 Planning & Zoning Commission Minutes • 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. 0 9 Planning & Zoning Commission Minutes • May 9, 1995 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 • 10 Planning & Zoning Commission Minutes • 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 • 11 Planning & Zoning Commission Minutes • 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 • 12 Planning & Zoning Commission Minutes • 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