Loading...
HomeMy WebLinkAboutMinutes Council 011002CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JANUARY 10, 2002 The January 10, 2002 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: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren Furtado, Councilmember David Clark, and Chair Pro Tem Carl Sabatello. ITEMS AND REPORTS BY MAYOR AND COUNCIL: Councilmember Furtado reported the PGA Business Corridor Association was seeking funds from the private sector for the TIPS program throughout the county. Police Chief FitzGerald reported on his efforts to locate funding and about a letter that will be sent to other Police Chiefs. Councilmember Furtado indicated $17,000 was needed now and Doctor Winston had already contributed $5,000. Council member Furtado recalled that the City was going to recognize Gary Carter; however, Mayor Russo indicated he did not want to be recognized until he made the Hall of Fame. Councilmember Furtado suggested using private meeting rooms for summer school classes if the schools were closed. Vice Mayor Jablin indicated he would consult Dr. Orr on that subject. Councilmember Furtado requested the status of the canal report, to which City Manager Ferris responded the report should be finished a week from tomorrow and meetings would be held to review the report. Mayor Russo reported he and the City Manager had met with Congressman Shaw, who planned to work on the City's problems of State funding being cut, and efforts to get a quiet zone. CITY MANAGER REPORT: Discussion of Policy on Development Review: Mayor Russo thanked the members of the Planning and Zoning Board who were in attendance. He explained that individual PUD's within the Evergrene PCD had not been approved at the last meeting because of concern regarding setbacks, large homes on small lots, etc. Mayor Russo indicated he did not agree that this community reflected the new urbanism concept. Growth Management Director Charles Wu explained that zero lot line design standards were needed to avoid the need for so many waivers in these types of communities. Mr. Wu reported that based on the last meeting, staff was looking closely at justification for waivers, and urged the City Council to support staff when they required developers to provide this justification. Mayor Russo expressed that the standards set for Frenchman's Reserve and for Mirasol were the minimum setbacks that should be allowed. Councilmember Sabatello recommended charting projects approved in the past to compare setbacks and densities. He said the burden should be on the petitioner to show that their unique project meets all the criteria and basic approvals granted in the past, that there must be good reasons for waivers. Councilmember Clark CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/10/02 2 commented that homeowners must understand that the 10 -foot separation between homes is available for accessing back yards of their neighbors and must be told when the home is purchased. He recommended banning fences in these areas and establishing standards for front porch homes. City Attorney Rubin clarified that he reviewed the declarations for all new PCD's and that there was language in them allowing easements to access to the rear yards. Councilmember Sabatello recommended talking to the Abacoa planner and to the developer, DiVosta Homes, regarding front porch homes. Mr. Wu asked that the Councilmembers advise staff of any items developers might mention to them during informal discussions so staff could address those items during the review process. Vice Mayor Jablin also suggested that developers of new types of projects arrange to meet with Councilmembers individually at the very beginning; Mayor Russo favored an initial workshop. Mr. Steve Tarr, Planning and Zoning Commission, requested joint workshops between staff, City Council, and the Commission so that the Commission would know what the Council wanted. Dick Ansay, Planning and Zoning Commission, also requested joint workshops, and explained he had been impressed with the new concept in Evergrene. Mayor Russo requested that criteria be developed quickly and a joint workshop scheduled so that the developer could move forward. Councilmember Sabatello requested an open dialog before the next Planning and Zoning Commission meeting to discuss this issue. Attorney John Gary, representing the Evergrene developer, WCI, reported that since the last City Council meeting there had been a lot of changes made in the two site plans, and he believed that most of the problems had been addressed, and requested that this project not be held up while standards were being developed. Mr. Gary requested the opportunity to meet with the Councilmembers to show them the revised plans. Mayor Russo indicated if the setbacks had been changed and other concerns had been addressed, he would be comfortable moving the Evergrene project forward. Crime Report — Police Chief FitzGerald reported a dramatic increase in residential burglaries. Officer Bobby Wummer reported on how the gypsy burglars operated within the City and throughout the state and country, and his efforts to apprehend them. Police Chief FitzGerald thanked Officer Wummer for his outstanding efforts and for the work done by all the police officers. COMMENTS FROM THE PUBLIC: Paula Magnuson, 3167D Gardens East Drive in Sandalwood, asked if Christ Fellowship was on the agenda. Mr. Wu indicated it would be continued to March 7. Mayor Russo reported he had met with Pastor Mullins, who requested a 30 -day delay to discuss issues with residents. Ms. Magnuson reported speeding on Gardens East Drive. Police Chief FitzGerald indicated that would be addressed. Ms. Magnuson requested that parking in the Swale also be addressed. Carol Estrada, 309 Riverside Drive, reported 22 residents had met with Attorney Steve Mathison on December 18 pertaining to the Banyan Tree PUD project, and they had been very concerned regarding traffic. Ms. Estrada reported that 4,758 vehicles came through MacArthur Boulevard at Riverside Drive within a 24 -hour period and requested adoption of traffic calming resolutions for this and other neighborhoods. Lowering tonnage on the bridge on MacArthur Boulevard was CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/10/02 also suggested. Discussion ensued regarding the sidewalk plan and traffic problems of vehicles cutting through this neighborhood. Police Chief FitzGerald indicated traffic calming measures would be instituted. CONSENT AGENDA: Item (b) Resolution 179, 2002, and Item (c) Resolution 3, 2002, were requested to be pulled from the Consent Agenda. Councilmember Clark moved approval of the Consent Agenda with the exception of items (b) and (c). Vice Mayor Jablin seconded the motion. The motion carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: a. Consideration of approving Minutes from the December 6, 2001 Regular City Council Meeting. d. Arbor Day Proclamation. e. Consideration of purchasing a Toro 6500D 95" Reel Mower and Verticutter at a cost not to exceed $40,685.75. f. Extension of existing Towing Contract. Consideration of extending existing vehicle towing services contract for 60 days. g. Resolution 5, 2002 — BellSouth Easement. Consideration of executing an easement to BellSouth Telecommunications, Inc. for the installation of buried cable. Consideration of items pulled from the Consent Agenda: b. Resolution 179, 2001 - Nextel 125' Communication Tower at Lilac Street. Consideration of approving a site plan application from Nextel Communications to allow for construction of a 125 foot high wireless telecommunication tower, to be located on property leased from the City of Palm Beach Gardens at 10245 Lilac Street, 525 feet north of the intersection of Lilac Street and Plant Drive. City Attorney Rubin reported the lease agreement approved by City Council requested an amendment so that Nextel could provide $9,000 in cash for the City to purchase their own phones instead of Nextel providing the phones, since the City could get the phones at cheaper prices. Councilmember Clark moved approval of Resolution 179, 2001. Councilmember Furtado seconded the motion, which carried by unanimous 5 -0 vote. c. Resolution 3, 2002 - McDonald's within Promenade Plaza. Consideration of approving a site plan to provide for the renovation of a commercial out - parcel located within the Promenade Plaza Shopping Center, as more particularly described herein; providing for an approximately 3,658 square -foot drive - through restaurant. Mayor Russo requested review of waivers to be sure waivers were not being granted that others could not receive. Mr. Wu presented the project. Councilmember Clark pointed out a mistake in the legal description, which staff clarified. Councilmember Clark moved approval of Resolution 3, 2002 with amendment of the legal description changing Dade County to Palm Beach County. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. PUBLIC HEARINGS: Ordinance 2, 2002 -. Mayor Russo declared the public hearing open, held on the intent of Ordinance 2, 2002 - Consideration of an ordinance of the City Council of CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/10/02 4 the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church South Campus (located at 5312 Northlake Boulevard, approximately 3/4 miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Ordinance 34, 1999; providing for a condition of approval; providing for severability; providing for conflict; and providing for an effective date - for consideration of first reading. Councilmember Clark made a motion to continue Ordinance 2, 2002 to March 7, 2002. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 4, 2002 - Mayor Russo declared the public hearing open, held on the intent of Resolution 4, 2002 - Consideration of approving an application from Palm Beach Gardens Christ Fellowship by amending a condition of approval for a previously approved site plan for the Christ Fellowship Church South Campus (located at 5312 Northlake Boulevard, approximately 3/4 miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Resolution 5, 2000. Councilmember Furtado made a motion to continue Resolution 4, 2002 to March 7, 2002. Councilmember Clark seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 44, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 44, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church North Campus by amending conditions of approval for the site, located on the north side of Northlake Boulevard, approximately 1 '/2 mile west of Military Trail as more particularly described herein, amending Ordinance 20, 1997, and Ordinance 23, 1999; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date - for consideration of First Reading continued from December 6, 2001. Vice Mayor Jablin made a motion to continue Ordinance 44, 2002 to March 7, 2002. Councilmember Clark seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR DISCUSSION: NOPC Concurrent Processing Discussion — Growth Management Director Charles Wu pointed out the issue tonight was to see if City Council approved of the NOPC moving forward ahead of the Menin site plan. Mayor Russo asked if the NOPC change could be tied into criteria for the Menin project. The City Council indicated they were in favor of this project. Attorney John Gary, representing Developer Dan Catalfumo, said Menin was hesitant to spend money without an NOPC already approved, and requested this item be on the February 7 agenda. Mr. Jacobi with Menin Development reported this was an $86 million project. Mayor Russo favored moving both items forward together. The appeal period for the NOPC was discussed. Mr. Gary advised that Treasure Coast had indicated they had no traffic issues. Mr. Jacobi indicated concurrent processing could delay the project because plans had to be changed, such as had already CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/10/02 5 occurred from PGA Boulevard, and also that he had been advised by an attorney that interested property owners within the DRI could bring an appeal. Principal Planner Talal Benothman indicated only state agencies or the local government could appeal, and that even the State could not appeal after City Council's approval unless they had previously objected. The City Attorney advised that would be researched. Discussion ensued. Mr. Wu indicated some broad items could be tied to the approval, but not specific site plan issues. Dan Catalfumo commented there was a PGA Boulevard Overlay with strict criteria and the mall also had very strict criteria regarding roads, architectural features, and landscaping. Mr. Wu clarified that the site plan process had been stalled waiting for the applicant to respond to DRC comments. It was announced that a solution to parking issues was ready to be presented. Relocation of the cultural use site was discussed. Councilmember Furtado indicated she was comfortable if the boardwalk around the lake remained, and was assured it had not been changed. Mayor Russo clarified that on February 7 the applicant needed to know the NOPC that the City Council would ultimately approve. Mr. Catalfumo indicated as soon as the applicant knew the NOPC that would be approved they could finish the site plan. The applicant indicated they would have the finalized site plan submitted within a week or so following direction from the City Council regarding the NOPC. Mr. Wu clarified that on February 7 the City Council expected to see the NOPC with safeguard conditions to try to address their concerns. Councilmember Sabatello requested the applicant work with the City Attorney and Mr. Benothman regarding who could appeal the NOPC. ADJOURNMENT: There being no further business to discuss, upon motion by Councilmemb r Clark, s conded by Vice Mayor Jablin, carried 5 -0, the meeting was adj ourn a :40 m. APPROV R.'RUSSO IC JABLIN PRO TEM KARL SABATELLO ZOUNCILMAN DAVID CLARK �c -..�,. CO CILWOMAN LAUREN URTADO ATTESi� ��� �4