Loading...
HomeMy WebLinkAboutMinutes P&Z 102693CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION OCTOBER 26, 1993 MEETING MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Vice Chairman Joseph Hamzy at 7:30 P.M., in the Assembly Room at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida and opened with the Pledge of Allegiance to the Flag. The roll was called by the secretary and present were: Vice Chairman Joseph Hamzy, Alan Strassler, Phillip Lyddon, Carl Sabatello, and Diane Carlino Members; and William Mignogna, Alternate Member. Chairman Jeffrey Ornstein and Daniel Honig, Members, were absent. ITEMS BY PLANNING AND ZONING DIRECTOR Richard F. Walton, Planning and Zoning Director, said the information for the two petitions • on tonight's agenda was not submitted within eight days of the Planning and Zoning Commission meeting. The time frame did not allow for a full review by staff. Mr. Walton said that after discussing the issue with Chairman Ornstein, the petitions were placed on the agenda for workshops. He said the petitions were inadvertently listed under "Recommendation to City Council." Mr. Walton said that the Commission meeting for November 9, 1993 may be moved to another location because the City Council has scheduled a meeting for the same night. APPROVAL OF THE MINUTES FOR THE OCTOBER 12, 1993 COMMISSION MEETING Ms. Carlino made a motion to approve the minutes of the October 12, 1993 Planning and Zoning Commission meeting. • Mr. Lyddon seconded the motion. 1 Mr. Strassler said the vote was missing from one of the petitions in the minutes. The secretary said the vote was added later to the minutes. • The motion was approved by a 6 -0 vote. PLANNING AND ZONING COMMISSION WORKSHOP: Petition PUD- 93 -10, by Stephen Mathison, agent for Gardens East Plaza, LTD., to reinstate the expired Promenade Shopping Center Planned Unit Development. The Promenade shopping center is located east of Alternate A -1 -A and north of Lighthouse Drive. (18- 42S -43E) Bristol S. Ellington, City Planner, reviewed the October 21, 1993 staff report on the above- referenced petition. Mr. Hamzy said the resolution approving the shopping center calls for the installation of the promenade. He said it is a code enforcement question on why the promenade is not open. Mr. Walton said there is no approved PUD for this site. He said this is the creation of a new PUD. • Mr. Sabatello asked if what is planted on the site is what was originally approved. Mr. Walton said it wasn't as the project has been to the Code Enforcement Board on landscaping issues several times. Mr. Ellington said that staff is recommending that the median of Alternate A1A be landscaped and maintained. Mr. Stephen Mathison, agent for the petitioner, said he would like to receive a recommendation at the next Commission meeting. He said he would like the option to have an eastern entrance for Outparcel #7. Mr. Walton said that the City Engineer has recommended that the entrance be closed. He said he would like the reference to the eastern entrance to Outparcel #7 be removed from the plan before the Commission makes a recommendation on the project. • Mr. Mathison said he would like his traffic consultant to review the necessity of the closure Pa of the entrance. Mr. Sabatello said this is an issue to be worked out by staff. • Jeff Blakely, landscape architect for the petitioner, said that the median landscaping can be installed by December 31, 1993 and the remaining landscaping by March 31, 1994. He said he would like to wait until after the winter for the planting of some of the landscaping. He said the removal of exotics, the clean -up and the rear landscaping could be done almost immediately. Mr. Mathison said he believes this timetable is justified. Mr. Mathison said he has reviewed all the documents pertaining to the PUD and the Gardens East PCD approvals. He said there is no requirement for the maintenance of the landscaping. He said it provides for voluntary median landscaping for Gardens East Apartments. He said it would be fair to treat the shopping center the same as Gardens East Apartments. Mr. Blakely said he has discussed the landscape plan with City Forester Mark Hendrickson is and the petitioner has agreed to place four Sabal Palms along the rear of the theater building. Mr. Mathison said the petitioner has a liability problem associated with the promenade. He said there has been a long history of vandalism and problems with the promenade. He said he hopes to bring in applications for buildings in the outparcels along the promenade. He said this will make the question of an opened promenade mute. Mr. Walton asked how erecting buildings in this area and blocking the visibility of the promenade from the rest of the center will lessen the safety liability. Mr. Mathison said there will be people, security officials and lighting in the area. Mr. Walton asked why they could not accomplish this now. Mr. Sabatello said the closed promenade has been a sore point with the City. If it needs • security or lighting, then the petitioner needs to address that issue, he added. Mr. Sabatello 3 said he does not want to wait any longer for the opening of the promenade. Mr. Mignogna asked that when Outparcels # 1, 2 and 3 are developed, will the total square • footage for the project be under 244,000 square feet. Mr. Mathison said it would. Mr. Hamzy asked if City Attorney George Baldwin had any comments on increased liability to the City if the promenade was opened now. Mr. Baldwin said he would need time to study the issue. Mr. Sabatello suggested completing the 25 -foot buffer all along Alternate AlA. Mr. Blakely said the outparcels are not controlled by the petitioner. He added that Outparcel #5 has the landscaping strip and Outparcel #7 does not because an existing building was there at the time of the shopping center approval. Mr. Sabatello said that landscaping along Alternate A1A should be completed as soon as possible. He added that the median needs to be landscaped and maintained. Mr. Walton added that the City has previously required the landscaping of medians and • assumed that the landscaping requirement included maintenance. Mr. Sabatello said the petitioner should meet with the City Attorney to discuss the liability issues concerning the promenade. He added that the promenade should be opened immediately. Ms. Carlino said Section 6 of Resolution 44, 1987, which approved the shopping center, calls for "community serving open space" to be maintained. She asked if the promenade is considered "community serving open space." Mr. Mathison said it does. Mr. Hamzy said the architectural conceptual plans adopted with the original PUD should be included the PUD reinstatement. He said the drawings are what the Commission has been calling for in the development of the outparcels. He said the purchasers of the outparcels should be made aware of the architectural concepts. Mr. Hamzy added that • outparcels do not have to match the architectural drawing, but the outparcel buildings must 4 be consistent. Concerning the reinstatement of 244,000 square feet of approved area and the increase of • square footage for Outparcel #7, Mr. Hamzy said he would like to hear the comments of the Commission and staff. Mr. Walton said he is concerned with trying to squeeze the extra 3,000 square feet in the northern outparcels. Responding to Mr. Hamzy, Mr. Walton said he does not have a particular problem with increase the square footage for Outparcel #7 if the project meets all City standards. Mr. Strassler said he was concerned with "loading up" square footage on the northern outparcels along the promenade. He said the City should be careful in its review of the buildings on the northern outparcels. He added that he did not have a problem with increasing the square footage of Outparcel #7. Mr. Lyddon and Mr. Mignogna agreed. Mr. Ted Davis, architect for the project, said the extra 3,000 square feet would allow for • flexibility in a difficult retail space. Mr. Sabatello said he does not have a problem with the "floating" square footage. However, he added that the square footage is not guaranteed. Mr. Hamzy said he is uncomfortable with the increase of square footage for Outparcel #7. He said he will reserve judgement until he sees the building elevations for the site. He said it was a poor decision to allow outparcel development along Alternate A1A. He said he did not believe the solution is increasing the size of an outparcel building. Mr. Hamzy said the landscaping on the north side of the theater should be formalized. He added that the promenade should be accessible. Mr. Lyddon said the promenade should be accessible, but also it is an eyesore and it shouldn't be. • Mr. Strassler questioned who will use the promenade. Mr. Mathison suggested that users 5 0 • 0 of the theater would use the promenade. Mr. Mathison said he was concerned with liability. Mr. Strassler said the addition of lights may help the liability concerns. Concerning the timing for the landscaping, Mr. Ellington recommended that all of the landscaping be installed prior to the issuance of the next Certificate of Occupancy for the project. Several Commissioners agreed with the recommendation. Mr. Sabatello he cannot wait that long for the issuance of the Certificate of Occupancy. The Commission discussed the timing of the landscape installation. Mr. Walton said staff would recommend a condition that the landscaping be installed prior to March 31, 1994 or the issuance of the first Certificate of Occupancy, whichever occurs first. Mr. Strassler said he would like the median landscaping installed within the first several weeks after approval. Mr. Hamzy said the was glad that the suggested closure of the southern rim road of the shopping center was rejected by the City Engineer. He said the minutes should reflect that the proposed lane closure was a Commissioner's request and not a Commission request. Mr. Mathison said he will meet with City Attorney Baldwin about possible liability problems. He added that he would like the petitioner's engineer to talk to the City Engineer concerning access to Outparcel #7. WORKSHOP: Petition PUD- 93 -06, by Paul Gershen, agent for Gardens East Plaza, Ltd., representing K.R. Chicken Associates, for Planned Unit Development site plan approval to construct a 3,530 square foot restaurant (Kenny Rogers Roasters restaurant) in an outparcel of the Gardens East (The Promenade) Shopping Center. Located east of Alternate A -1 -A and north of Lighthouse Drive. (18- 42S -43E) Mr. Ellington, City Planner, reviewed the October 21, 1993 staff report for the above- referenced project. Mr. Mathison, attorney for the petitioner, said the one outstanding issue is the building elevation. T Mr. Paul Gershen, agent for the petitioner, said he did not see the approved conceptual building elevations for this outparcel until yesterday. He said he will take a look at how to • incorporate Kenny Rogers franchise building features into the approved conceptual elevations. He added that he would like a copy of the building elevations. Mr. Strassler said the conceptual architectural plans is what the Commission has been trying to describe. Mr. Sabatello asked if there was an odor problem with the cooking of chicken. Mr. Gershen said he has never seen that problem with other Kenny Rogers restaurants. Mr. Sabatello said he would like to know the colors "of the proposed outdoor furniture. Mr. Strassler asked if City Forester Mark Hendrickson is happy with the landscaping on the north and south boundaries of the site. Mr. Hamzy said he will like to see building material and color samples at the next meeting. ADJOURNMENT • There being no other business to appear before the Commission, the meeting was adjourned at 8:55 p.m. LI 7 • Alan Strassler 0; Kito, fj: I !I Marty R. . inor, Secretary 0, Carf Sabatello Diane Carlino illiam Mignogna