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
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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
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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
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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:
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