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HomeMy WebLinkAboutMinutes Council 051701CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 17, 2001 The May 17, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Councilmember David Clark, Councilmember Lauren Furtado, and Chair Pro Tern Carl Sabatello. Mayor Joseph R. Russo and Vice Mayor Eric Jablin were absent from the meeting. PRESENTATIONS Beautification & Environmental Award - The Oaks Center - Councilman Clark, liaison to the Beautification & Environmental Committee, noted three of the members of the committee were present, and announced the Quarterly Beautification Award to The Oaks Center of the Palm Beaches. Councilman Clark described the Oaks Center project and thanked Mr. DiVosta for building a quality project and helping beautify the City. Company representative Joe Floyd accepted the award on behalf of DiVosta and Company. ITEMS AND REPORTS BY MAYOR AND COUNCIL Councilmember Furtado announced the Donald Ross Road Bridge would be on the same opening schedule as the PGA Boulevard Bridge, which would help the traffic while the PGA Boulevard Bridge was being repaired. Councilmember Furtado commented that she had been working with Commissioner Karen Marcus and Karen Golonka on establishing the Transportation Committee discussed at the Traffic Summit for alternative modes of transportation. Councilmember Furtado commented that she would announce the date and time of the first committee meeting and that Joan Elias would be a member of the committee. Councilmember Furtado commented she was thrilled that the cinema would re -open at Loehmann's Plaza, that on May 31 there would be a ribbon cutting ceremony and a feature about the City will be shown before the first full- feature film. Chair Pro Tern Sabatello noted the Pathfinder Award had been given to Suncoast student Colin Samuel Kelly. Other children had also received recognition, and Chair Pro Tern Sabatello requested all the children be brought in to be recognized at a meeting, that the Girls Softball team be recognized, and that the girl who had saved three young children also be recognized. CITY MANAGER REPORT City Manager Ferris referred to a raffle to raise money for the Fire Department, which was described by Fire Chief Bergel. A girl who was babysitting had been alert and quickly removed the children so no harm came to any of them. The owner of the home had expressed her appreciation to the Fire Department, had raised $30,000, and was to hold a raffle at Christine's in Jupiter to benefit the Fire Department. City Manager Ferris reported Mayor Russo had asked him to address the operational cost for the residential pass- through for Burns Road, he noted this issue would be placed on the June 7 agenda. City Manager Ferris commented fuel purchases for the City fleet had been impacted with the higher fuel prices and requested permission to piggyback the County's bid on that to save CITY COUNCIL REGULAR MEETING, 5/17/01 2 money. Councilmember Furtado made a motion to approve the staff recommendation. Councilman Clark seconded the motion, which carried by unanimous 3 -0 vote. COMMENTS FROM THE PUBLIC: Roger Blangey, Gardens Woods, expressed thanks to City Engineer Dan Clark for his attendance at a meeting with the residents on May 11 regarding the proposed railroad crossing. Mr. Blangey noted the residents of Garden Woods planned to come to the June 21 meeting to ask for repeal of Resolution 147. Chair Pro Tern Sabatello requested that the City Council receive all backup so they could be well informed for the meeting. Mr. Blangey clarified that the Florida East Coast Railroad (FEC) did not want a new railroad crossing. Augustin Hernandez, 269 West Edgewater Drive, commented from an article in American Planning Association Magazine. He challenged planners to change the way cities were planned, but noted this did not totally apply to the City's staff. REORDER AGENDA: Councilman Clark made a motion to move Consent Agenda item (e), Resolution 80, 2001 to follow Resolution 77, 2001. Councilmember Furtado seconded the motion, which carried by unanimous 3 -0 vote. CONSENT AGENDA: Councilman Clark made a motion to approve the Consent Agenda. Councilmember Furtado seconded the motion, which carried by unanimous 3 -0 vote. The following items were approved on the Consent Agenda: 1. Consideration of approving Minutes from the April 19, 2001 City Council Regular City Meeting. 2. Resolution 60, 2001 - Art in Public Places - PGA National Consideration of approving the Art in Public Places proposal for the PHA National Headquarters, located on the west side of the Avenue of Champions, approximately one - quarter of a mile south of its intersection with PGA Boulevard; providing for a condition of approval. 3. Resolution 72, 2001 - Award of Bid for Resurfacing Athletic Courts. Consideration of executing an agreement to resurface several athletic courts. 4. Resolution 79, 2001 - Frenchman's Reserve Golf Maintenance Facility. Consideration of approving a site Plan Application for a Golf Course Maintenance Facility located within the Frenchman's Reserve Planned Community Development, approximately one - quarter mile south of the intersection of Hood Road and Alternate AIA; providing for waivers. 6. Resolution 83, 2001 - Consideration of approving and executing an agreement for Mass Care Host Shelters with Palm Beach County Chapter of the American Red Cross. 7. Award of Bid - Electrical Conduits. Consideration of awarding the bid for installation of 17,800 feet of electrical conduits to D. S. Eakins in the amount of $91,210 per piggyback with Palm Beach County. 8. Resolution 75, 2001 - San Michele Plat. Consideration of approving the San Michele Plat. 9. Resolution 87, 2001 - BallenIsles Pod 15 Plat. Consideration of approving the BallenIsles Pod 15 Plat. PUBLIC HEARINGS: Ordinance 9, 2001 - Chair Pro Tern Sabatello declared the public hearing open, held on the intent of Ordinance 9, 2001 - An Ordinance of the City of Palm Beach Gardens, Florida, annexing into the CITY COUNCIL REGULAR MEETING, 5/17/01 K, City approximately seven - tenths of an acre of land generally located two- tenths of a mile south of the intersection of Prosperity Farms Road and PGA Boulevard, on the east side of Prosperity Farms Road; revising the boundaries of the City to include said real property; providing for conflicts; providing for severability; and providing for an effective date. Growth Management Director Charles Wu provided the staff presentation for Ordinance 9, 2001 and Ordinance 8, 2001. Hearing no comments from the public, Chair Pro Tem Sabatello declared the public hearing closed. Councilman Clark made a motion to place on second reading by title only and to approve Ordinance 9, 2001. Councilmember Furtado seconded the motion, which carried by unanimous 3 -0 vote. The City Clerk read Ordinance 9, 2001 on second reading by title only. Ordinance 8, 2001 - Chair Pro Tem Sabatello declared the public hearing open, held on the intent of Ordinance 8, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the comprehensive plan of the City of Palm Beach Gardens by changing the land -use designation on approximately seven - tenths of an acre of land located approximately two- tenths of a mile south of the intersection of Prosperity Farms Road and PGA Boulevard, on the east side of Prosperity Farms Road, from Palm Beach County low residential -3 to City of Palm Beach Gardens Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. Hearing no comments from the public, Chair Pro Tem Sabatello declared the public hearing closed. Councilman Clark made a motion to place on second reading by title only and to approve Ordinance 8, 2001. Councilmember Furtado seconded the motion, which carried by unanimous 3 -0 vote. The City Clerk read Ordinance 8, 2001 on second reading by title only. Resolution 81, 2001 - Chair Pro Tem Sabatello declared the public hearing open, held on the intent of Resolution 81, 2001 - A Resolution of the City of Palm Beach Gardens, Florida, providing for amendment of Resolution 96, 1999, the consolidated and amended development order for the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD); providing for amendment of the master development plan to reconfigure the alignment of Victoria Gardens Drive, relocate the neighborhood commercial parcel 6; redesignate the use of parcel 6 as multifamily residential, relocate parcel 4 to the east of the water management tract, redistribute the acreage of parcel 7 equally between parcel 4 and the community serving open space area around Lake Victoria, increase the square footage of commercial uses by 278,888 square feet, and amend condition #1 to establish and adopt a land -use conversion matrix; providing that the City Clerk shall transmit copies of this resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., and the Mall Properties, Ltd.; providing for repeal of resolutions in conflict; and providing for an effective date. Growth Management Director Charles Wu made the staff presentation. Dodi Glas, Urban Design Studio, spoke on behalf of the petitioner. Chair Pro Tem Sabatello indicated he was not comfortable with changing the original intent of public cultural uses to pedestrian walkways; Councilmember Furtado agreed. Councilmember Clark expressed his opinion that ensuring public access to lake frontage could be a plus for the City. Linda Monroe, 4431 Althea Way, former Councilmember, expressed her opinion that more facts were needed regarding the site before the use was changed, and suggested a task force to work on this issue. Ms. Monroe expressed concern with moving forward without agreement, that the traffic problems could be resolved from the traffic consultant, and expressed concern with making it too easy to have too CITY COUNCIL REGULAR MEETING, 5/17/01 4 much commercial/retail versus research/technical that would pay higher salaries. Councilman Clark suggested postponement until a full Council was present. Ms. Glas agreed to a postponement in order to have discussion with Ms. Monroe, to clarify neighborhood commercial uses that had not been discussed, and to have discussion regarding pending petitions. Chair Pro Tem Sabatello suggested the petitioner speak to Councilmembers individually to be sure they were aware of history and future plans. Councilman Clark made a motion to continue the public hearing for Resolution 81, 2001 to the June 7, 2001 City Council meeting. Councilmember Furtado seconded the motion, which carried by unanimous 3 -0 vote. Councilmember Furtado recognized the Boy Scouts who were present to monitor the proceedings. RESOLUTIONS: Resolution 78, 2001 - Mirasol "Parcel A" Site Plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a site plan application for "Parcel A" with a total of 208 zero -lot line single - family home lots within the Mirasol PCD, located along PGA Boulevard and as more particularly described herein; providing for waivers; providing for severability; and providing for an effective date. Chair Pro Tem Sabatello stated for the record regarding Resolution 78, 2001; Resolution 76, 2001; and Resolution 77, 2001 that he was a homebuilder in Mirasol but had no financial or business involvement with these parcels. Growth Management Director Charles Wu provided the staff presentation. Ann Booth, Urban Design Studio, agent for the applicant, indicated parcels A, B, and C would be developed as one community, and provided an overview of the whole community. Councilmember Clark requested more architectural detail be added to the rear elevations, with which the other members of the Council agreed. Additional midstory landscaping was requested by Chair Pro Tem Sabatello, with which the other Councilmembers concurred. Park lighting and that Jog Road would be 4 -lanes in the future were to be disclosed in the homeowners' documents. Petitioner confirmed they could not have a C.O. until the plat was recorded. Four -foot sidewalks on both sides of the road were preferred by the City Council. In response to Councilwoman Furtado's concern that all drainage should be completed before any buildings were started, City Engineer Dan Clark explained how the drainage worked and indicated that the models would have a negligible effect on the impervious area. The other members of the City Council indicated they were comfortable with the phased drainage. The petitioner agreed to add architectural quoins and stucco banding on the rear elevations. It was agreed that staff would work on language regarding additional conditions while the next two items were being presented. Resolution 76, 2001 - Mirasol "Parcel B" Site Plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a site plan application for "Parcel B" with a total of 159 zero -lot line single - family home lots within the Mirasol PCD, located along PGA Boulevard and as more particularly described herein; providing for waivers; providing for severability; and providing for an effective date. Growth Management Director Charles Wu reviewed the staff report. Resolution 77, 2001 - Mirasol "Parcel C" Site Plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a site plan application for "Parcel C" located within the Mirabella subdivision of the Mirasol Planned Community Development, allowing for the development of 125 single family zero -lot line homes, located approximately 1/4 mile west of the intersection of Hood Road and Jog Road, and as more particularly described herein; providing CITY COUNCIL REGULAR MEETING, 5/17/01 5 for conditions of approval; providing for waivers; providing for severability; and providing for an effective date. Growth Management Director Charles Wu presented the project. The Jog Road and Hood Road parkways were discussed. Marvin Sanders, Sanders Planning Group, explained that his firm had prepared the plans under approval, which contained cul -de -sacs off of loop streets designed with sidewalks on one side of the street and that one could still turn left or right and have two ways out rather than one. Ann Booth presented a chart indicating a history within Mirasol of setbacks on screen enclosures, and requested a five -foot setback waiver between the screen and adjacent zero -lot line home. Staff's position of denial of this waiver was based on the size of the lots, which were more narrow in parcel C, and which was supported by Councilman Clark and Councilwoman Furtado. The City Attorney read into the record the following additional conditions for Resolution 78, 2001: (1) The applicant acknowledges that the waiver granted from the platting requirement prior to building permits is at the applicant's risk, and that any potential construction changes to the model homes due to the eventual plat recordation is the sole responsibility of the applicant. (2) Within 30 days of site plan approval the applicant shall submit for approval by City Staff revised architectural elevations to provide for additional architectural treatments including but not limited to quoins and stucco banding to the rear elevations abutting the Jog Road and Hood Road rights -of -way. (3) Within 30 days of site plan approval the applicant shall submit a revised landscape plan which indicates additional landscaping to include mid -story infill landscaping along the Jog Road Parkway and additional palm tree clusters within the lots of the two -story units along Jog Road as approved by the City Forester. The City Attorney read into the record the following additional waiver for Resolution 78, 2001: A waiver from Section 256 that requires five -foot sidewalks on both sides of the street to permit four -foot sidewalks on both sides of the street. Councilmember Clark moved approval of Resolution 78, 2001 with the amendments as read into the record by the City Attorney. Councilmember Furtado seconded the motion, which carried by unanimous 3 -0 vote. Councilmember Clark moved approval of Resolution 76, 2001 with the changes read into the record previously for Resolution 78, 2001 being also incorporated into this Resolution. Councilmember Furtado seconded the motion, which carried by unanimous 3 -0 vote. Councilmember Clark moved approval of Resolution 77, 2001 with the following additional conditions: (1) The applicant acknowledges that the waiver granted from the platting requirement prior to building permits is at the applicant's risk, and that any potential construction changes to the model homes due to the eventual plat recordation is the sole responsibility of the applicant. (2) Within 30 days of site plan approval the applicant shall submit for approval by City Staff revised architectural elevations to provide for additional architectural treatments including but not limited to quoins and stucco banding to the rear elevations abutting the Hood Road right -of -way. The City Attorney read into the record the following two additional waivers for Resolution 77, 2001: (1) A waiver from Section 256 which requires five -foot sidewalks on both sides of the street to permit four -foot sidewalks on both sides of the street. (2) A waiver from Section 75 of the City Code, which requires a minimum side interior setback of 7.5 feet. The applicant proposes to locate pools /screens and accessory structures within the side interior setbacks at seven feet from the property line. The waiver is approved for zero and seven feet from the property line. Councilmember Furtado seconded the motion, which carried by unanimous 3 -0 vote. It was clarified there was no restriction on the ability to pulling dry model permits at this time. CITY COUNCIL REGULAR MEETING, 5/17/01 6 Resolution 80, 2001 - A resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a site plan application for "Pod G" located within the Frenchman's Reserve Planned Community Development, allowing for the development of 36 single - family homes, located approximately 1/4 mile east of the intersection of Hood Road and Alternate AIA, and as more particularly described herein; providing for conditions of approval; providing for waivers; and providing for an effective date. Growth Manager Charles Wu presented the project and explained that this item had been pulled from the consent agenda because after preparation of the staff report the applicant had requested a waiver for the dry models. Mr. Wu explained that in this case staff supported all of the waivers with the exception of the dry models being constructed prior to platting. Mr. Wu explained the only difference in these waivers and the other three resolutions was that in the third one staff did not have a cost estimate so in the interest of time had inserted language indicating 1/3 of the construction cost per model and amounts would be determined when permits were pulled. Ray Royce, attorney on behalf of the petitioner, indicated he was present to answer questions. Drainage issues were discussed. Councilman Clark made a motion to approve Resolution 80, 2001 with the following additional condition: The applicant acknowledges that the waiver granted from the platting requirement prior to building permits is at the applicant's risk, and that any potential construction changes to the model homes due to the eventual plat recordation is the sole responsibility of the applicant Councilman Clark withdrew the motion and moved approval of Resolution 80, 2001 with the amendments read into the record by the City Attorney and the additional waiver presented from Land Development Regulations (LDR) Section 217 on platting. Motion was seconded by Councilmember Furtado and carried by unanimous 3 -0 vote. ORDINANCES: Ordinance 12, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from the PGA Marriott for an amendment to a planned unit development that would permit a ground sign at the entrance to the PGA Marriott Hotel, located at 4000 RCA Boulevard, as more particularly described herein; providing for a waiver; and providing for an effective date. Growth Management Director Charles Wu presented the request. Councilman Clark made a motion to place Ordinance 12, 2001 on first reading by title only. Motion was seconded by Councilmember Furtado and carried by unanimous 3 -0 vote. The City Clerk read Ordinance 12, 2001 on first reading by title only. ITEMS FOR DISCUSSION: Fathoms Restaurant (formerly Hibiscus) Outdoor Seating - It was announced that this item would be delayed until the next meeting. CITY COUNCIL REGULAR MEETING, 5/17/01 7 Unit 2 Drainage - Growth Management Director Charles Wu discussed items that could be implemented prior to further development of San Michele and The Isles. Tom Frankel, developer for San Michele, indicated he would like to start clearing, construction of the lakes, and eventually vertical construction. City Engineer Dan Clark requested that vertical construction be delayed until infrastructure was in place, now estimated to be June 27, explained if Northern Palm Beach Improvement District did not form the unit of development there would be no framing mechanism to implement the drainage plan, and then all of the landowners would have to construct the improvements identified on the plan in each of their individual parcels, although there was no requirement for this to be done. Mr. Clark clarified that Northern had proposed having a plan adopted on June 27 and reasonable assurance had been provided that would occur, so that in delaying vertical construction that should not be a real impediment because the projects could not get very far by June 27. Mr. Wu clarified the conditions as presented in the ordinance were satisfied. ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Clark, seconded by Councilmember Furtado, carried 3 -0, the meeting was adjourned at 10:05 p.m. APPROVAL: ATTEST: CAk0r-GOI.15 CITY CLERK fiRsa wr MAYORrJ61L4 W J CHAIRMAI�PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK Aeswo r COUNCILWOMAN LAUREN FURTADO