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HomeMy WebLinkAboutMinutes P&Z 112393• CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION NOVEMBER 23, 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 Chairman Jeffrey Ornstein at 7:30 P.M., in the Assembly Room at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida and opened with the Pledge of Allegiance to the Flag. The roll was called by the secretary and present were: Chairman Jeffrey Ornstein, Phillip Lyddon, Carl Sabatello, and Diane Carlino, Members. Daniel Honig, Joseph Hamzy and Alan Strassler, Members, and William Mignogna, Alternate Member, were absent. ITEMS BY PLANNING AND ZONING DIRECTOR Bristol S. Ellington, City Planner, distributed to the Commission information concerning a • proposed ordinance regulating covered parking within the City. Chairman Ornstein asked if the Harbour Shops meet the new proposed regulations. Mr. Ellington said he believed they did. Chairman Ornstein asked what City Council thought about covered parking within the City. City Councilman David Clark, liaison to the Commission, said the Council was particularly concerned with awnings. Mr. Ellington asked if the Commission wanted to meet at the scheduled December 28, 1993 Commission meeting. Chairman Ornstein said the Commission traditionally does not meet during the week between Christmas and New Year's. He added that the meeting should be cancelled. The Commission agreed. Mr. Ellington said he would inform the petitioners. PLANNING AND ZONING COMMISSION is PUBLIC HEARING: Petition PUD- 93 -13, by Lawrence Smith, agent for American • Financial -Downs Partnership, to amend the Bridge Center Planned Unit Development, created by Ordinance 12, 1986 and subsequently amended by Ordinance 27, 1991 and Resolution 85, 1992, for a one -year time extension for the development of a 14,400 square - foot restaurant and a 13,946 square -foot office development on 2.678 acres. Located on the northwest corner of PGA Boulevard and Ellison Wilson Road. (5- 42S -43E) (Postponed from the 11/9/93 P & Z meeting) Chairman Ornstein said he has received a telephone call and a letter from the agent for the petition asking for a postponement of the above - referenced Public Hearing. He added that he was against granting another postponement at the next meeting. Chairman Ornstein opened the Public Hearing. Carl Sabatello made a motion to postpone the discussion on the above - referenced petition until the December 14, 1993 Planning and Zoning Commission meeting. Diane Carlino seconded the motion. Upon hearing no public comment, Chairman Ornstein closed the Public Hearing. • The motion was approved by a 4 -0 vote. RECOMMENDATION TO CITY COUNCIL: 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 November 23, 1993 staff report for the above- referenced petition. Chairman Ornstein suggested that the conditions of approval for this petition tie in with the applicable conditions for the reinstatement for the Gardens East Shopping Center PUD. Mr. Ellington agreed. Stephen Mathison, attorney for the petitioner, said the petitioner does not have any problems with the proposed conditions of approval. • Paul Gershen, agent for the petition, asked that the Commission reconsider the building • elevations previously submitted to the City. Mr. Gershen reviewed the elevations. Chairman Ornstein said he found those building elevations offensive. He said he preferred the last submitted building elevations. Mr. Gershen said he was looking for a more corporate image for the building. He added that other restaurants, such as Burger King and McDonald's, have elevations that reflect a corporate style. Chairman Ornstein said he would consider a corporate style of elevations when the corporations designed better buildings. Mr. Sabatello said the last submitted elevations work well within the shopping center. He asked what color will the window frames be. Mr. Gershen said the window frames will be bronze to match the shopping center's window frames. Mr. Sabatello said the building elevations will have to be revised to show the bronze color. • Mr. Sabatello made a motion to recommend approval to City Council of the above - referenced petition with the following conditions: 1. 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 153.50 (Tree Protection) paragraphs B,C, and D shall also be enforced during construction. 2. All tree protection and landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all tree • protection efforts, and all landscaping work, and any work that affects the outcome is of the approved landscape plans. The Landscape Architect of Record shall notify the City prior to any modifications to the approved landscape plan. 3. All trees or plants designed for preservation 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. 4. 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 Planning and Zoning Commission and /or 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. 5. There shall be no outdoor umbrellas allowed. 6. Landscaping shall be extended on the south elevation to screen the outdoor seating area from Alternate A -1 -A. The site plan and landscape plan shall be revised accordingly and submitted to the City prior to the petition being scheduled before the City Council. • 7. All applicable conditions from the approval of the Gardens East Shopping Center • PUD Reinstatement (Petition PUD- 93 -10) shall be included with the conditions of approval for this petition. 8. The window frames shall be bronze in color in order to match the Gardens East Shopping Center. 9. The restaurant elevations are approved as submitted. Ms. Carlino seconded the motion. The motion was approved by a 4 -0 vote. ADJOURNMENT There being no other business to appear before the Commission, the meeting was adjourned at 8:00 p.m. • • • Marty R. . Minor, Secretary (0, Carl Sab tello Diane Carlino