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HomeMy WebLinkAboutMinutes Council 022102CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING FEBRUARY 21, 2002 The February 21, 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. A moment of silence was observed for the death of Daniel Pearl. 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 Tern Carl Sabatello. REORDER AGENDA: Councilmember Furtado made a motion to re -order the agenda to next hear Resolution 1, 2002. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 1, 2002 — PGA National Gates /Traffic Control Agreement Amendment. Consideration of approving an amendment to the PGA National Traffic Control Agreement in order to limit vehicular access between the hours of 6:00 PM and 6:00 AM to residents only. Principal Planner Steve Cramer presented the request, read into the record objections from Palm Beach County, and noted the following items had been received since the City Council packets were sent out: a letter from Palm Beach County dated February 7 opposing the closure; a letter dated February 14 from the applicant regarding the County's comments; a letter dated February 21 from the Regional Planning Council indicating an amendment to the DRI would be needed to effect a closure; a letter dated February 21 from the applicant regarding the Planning Council's comments; and a letter dated February 21 from County staff re- stating their objection to the closure and requesting that their letter be read into the record. The letter was received into the record. Phillip Lyddon, 51 Cayman Place, President of PGA National Property Owners Association, reported they had been working on this matter for over a year with the full knowledge of Commissioner Karen Marcus, who had assured her support if all parties involved agreed. Mr. Lyddon indicated he had an executed amendment to the agreement signed by all parties except the City. Mr. Lyddon indicated that an amendment to the DRI was not necessary, that residents of PGA National were aware of this and favored it for security reasons and understood that in the future the gates might have to be removed if Jog Road were extended. Resident Siro DeGasperis assured the City Council that all work on this matter to date had been done above board with all the parties involved. Resident Mike Martino provided an historical perspective and encouraged the City Council to enter into the proposed agreement. Resident Schuyler Metlis spoke in favor of the proposal. Council member Clark noted that traffic through neighborhoods was a problem in other parts of the City, and moved approval of Resolution 1, 2002. Councilmember Furtado seconded the motion. The other councilmembers expressed their full support. Mayor Russo requested closing times be phased in at the beginning when the new closing hours became effective in order to avoid confusion. Motion carried 5 -0. CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/21/02 2 PRESENTATION: Councilmember Furtado announced the following donations had been received by the City to help the truancy interdiction program: State funding of $350,000 had been indicated, the PGA Corridor Association had donated $1,000; Mr. Sy Fine $2,000; Mr. Carnes $2,000. Mr. Jim Harvey and Mr. Dan Catalfumo had called Councilmember Furtado to indicate they would be making donations. Councilmember Furtado announced that a countywide fundraiser was being planned in the fall. Councilmember Furtado reported this program had produced an 85% drop in crime. Police Chief FitzGerald reported letters to other municipalities requesting support had received no response, that he would send followup letters, and that Palm Beach Gardens would handle the program if no other municipalities participated. Councilmember Furtado requested thank -you letters be sent out to those who had made donations. ITEMS & REPORTS BY MAYOR AND COUNCIL: Workshop — Regional Center NOPC - Mayor Russo requested that discussion be limited to whether the City could be protected by the proposed conditions if the NOPC went forward. Mayor Russo indicated he would abstain because he was a very limited partner in a venture that had lodged an objection, even though he did not agree with them, and turned the gavel over to Vice Mayor Jablin. Principal Planner Talal Benothman introduced the project and summarized what the proposed conditions would accomplish: retail conversions would be limited to the Menin parcels; there could be no stand -alone retail buildings; there could be no outparcel separated buildings; there must be at least two uses in each building; buildings containing retail uses must be of varying heights, stories, and architectural styles, with unified architecture; all conversions would require approval of the City Council through the site plan process; all buildings and projects must substantially comply with Exhibit C and Diagrams 1 and 2; once the City Council approved a project on the Menin parcels that project would be in substantial compliance with the conditions. Proposed amendments by Mr. Forbes to the conditions were discussed. Attorney John Gary, representative for the petitioner Mr. Dan Catalfumo, expressed his opinion that the conditions as proposed without the amendments by Mr. Forbes were sufficient, and that Mr. Forbes' main concern was that the theater would be built. Growth Management Director Charles Wu indicated staff was comfortable with the conditions as presented in the staff report. Attorney Gary indicated the theater would be built in the first 100,000 square feet of development and any change would require approval of the City Council. Vice Mayor Jablin reported he had attended a meeting two weeks prior with Mr. Menin and Mr. Forbes where he was given the impression Mr. Forbes was happy with the project, but the proposed amendments had not been submitted until the last minute. Rick Warner, representative for Mr. Forbes, commented on when their amendments had been presented, to which the City Manager explained the timing process for information to be received in time for review before a Council meeting. Councilmember Furtado indicated she had had discussion with the parties. The City Attorney and staff verified they were comfortable with the conditions as proposed. Councilmember Sabatello requested the definition of specialty restaurants, clarified that the petitioner was Mall Properties, Inc. and not Mr. Catalfumo, received verification of the location of the proposed 166 residential units, stated for the record he had met with petitioner and staff. Mr. Benothman noted that if residential units were moved from the Menin parcel, a change to the NOPC would be required. Mr. Wu clarified that it was an z CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/21/02 3 option to build up to 166 residential units. The requirements for the theater were discussed. Specific square footage for the theater had not been included in the conditions. Attorney Gary indicated the applicant had represented that the theater had to be a minimum of 55,000 square feet with stadium seating. Ron Jacobi, The Menin Group, clarified that the theater must be a minimum of 55,000 square feet and a minimum of 2600 seats which would require 56,000 square feet, and the building would be slightly larger, and advised that roads and infrastructure must be done in advance of theater construction. Protections for the infrastructure were discussed. The petitioner indicated he would provide linkage and infrastructure in the first phase. The City attorney read the definition of specialty restaurants. Councilmember Clark indicated he would be comfortable with the conversion requirements as stated with the addition of square footage, number of seats, and stadium seating for the theater. There was consensus of three City Councilmembers to go forward not doing concurrent processing. The City Manager clarified that there would be changes in the language of the conditions and that the language presented tonight was a first draft. CITY MANAGER REPORT: Public Information Report — City Manager Ferris requested the City Council receive and file the public information report and that Resolution 30, 2002 be added to the agenda. Councilmember Clark made a motion to add Resolution 30, 2002 to the agenda. Councilmember Furtado seconded the motion, which carried by unanimous 4 -0 vote. Mayor Russo rejoined the Council. Resolution 30, 2002 — City Manager Ferris indicated this resolution was in regard to Florida State Reapportionment and Mr. Tom DeRita, City Lobbyist, reviewed the timetable for the redistricting, and the latest plans. As of the present time there would be three senators representing Palm Beach County and Sanderson would be the representative for the City. Mr. DeRita expressed his opinion that the map would be changed the next day, which could change things, and urged that a resolution requesting three senators be approved. Mr. DeRita explained that Senator Kline most likely would be one of the senators. Councilmember Furtado moved approval of Resolution 30, 2002. Councilmember Clark seconded the motion, which carried by 5 -0 vote. Mayor Russo commented that Mr. DeRita also represented Riviera Beach, who had been approved for construction of a new high school, and recommended sending a letter of congratulations. ITEMS AND REPORTS BY MAYOR AND COUNCIL: Mayor Russo reported he and City staff had met with Commissioner Marcus and County staff regarding concurrency issues and looking at how buildout dates of projects increased traffic. Mayor Russo reported that he and Councilmember Furtado had met with Gardens United and thanked staff for this program as well as the WOW program. Mayor Russo reported he had attended a groundbreaking at the hospital that day. Mayor Russo reported the business economic forum had been well attended. Councilmember Clark reported receipt of a letter from Jeff Atwater requesting a resolution of support for changing the windstorm policy industry by combining JUA and FWUA, and requested staff prepare a resolution. COMMENTS FROM THE PUBLIC: Sam Carsillo, 10063 Dahlia Avenue, requested permission to speak to Ron Ferris through the Chair regarding a Department of Transportation grant program that would provide CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/21/02 4 money for sidewalks and trails. Mr. Carsillo commented regarding the number of cars at Costco and the large number of police out giving traffic tickets last week. Carol Estrada, 309 Riverside Drive, thanked staff for forming the rapid response team and for a good meeting the previous night. Ms. Estrada reported that many residents felt they had been stonewalled, and asked when they could expect results regarding the traffic congestion at MacArthur Boulevard. Mayor Russo indicated it was not a political issue. Councilmember Furtado advised that the weight of trucks that could come through was being limited immediately, and the yellow school zone lights had been ordered. Ms. Estrada thanked the Chief of Police for traffic police on MacArthur Boulevard that day. Ms. Estrada asked if stop signs could be installed now and removed after the traffic study was completed if they were not warranted. Mayor Russo requested finding out whether there had been a warrant study for the stop sign at Dahlia Drive, finding out when the study would be completed, and going ahead with setting a date for a meeting. Councilmember Furtado expressed hope that this as well as other incomplete projects could be finished. Ms. Estrada thanked the City for completing the work in the yards on her street and commended the work crew. CONSENT AGENDA: Councilmember Clark moved approval of the consent agenda as submitted. Vice Mayor Jablin seconded the motion, which carried by vote of 5 -0. The following items were approved: a. Consideration of approving Minutes from the January 17, 2002 Regular City Council Meeting. b. Resolution 188, 2001 — La Posada -Plat. Consideration of approving La Posada -Plat. C. Resolution 28, 2002 — Appointing The Election Officials. Consideration of appointing the election officials for the general election to be held in the City on Tuesday, March 12, 2002. d. Resolution 29, 2002 — Seacoast Utility Easement and Bill of Sale. Consideration of authorizing an easement in favor of Seacoast Utility Authority for the operation and maintenance of water and sewer lines and a bill of sale conveying the water system to Seacoast. PUBLIC HEARINGS: Ordinance 7, 2002 — Mayor Russo declared the public hearing open, held on the intent of Ordinance 7, 2002 - Comprehensive Plan Amendment for Northlake Corridor (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, approving a text amendment to the Future Land Use Element in the City of Palm Beach Gardens Comprehensive Plan regarding a proposed Northlake Boulevard Overlay Zoning District; providing for codification in the Comprehensive Plan; providing for severability; providing for conflicts; and providing for an effective date, for consideration of first reading. Principal Planner Steve Cramer reviewed the staff - initiated request. Councilmember Furtado, liaison to this task force, complimented Mr. Cramer for his work on this matter. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Furtado made a motion to place Ordinance 7, 2002 on first reading. Councilmember Clark seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 7, 2002 on first reading by title only. CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/21/02 5 Ordinance 41, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 41, 2002 - Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from South Florida Blood Banks for rezoning of 12.64 acres of land located on both sides of MacArthur Boulevard, on the north side of Northlake Boulevard (Parcels 12.04 and 12.05), as more particularly described herein, to a Planned Unit Development (PUD), and the approval of the "Banyan Tree" Master PUD Plan for Phase 1 of the PUD to construct an approximately 40,900 square -foot office building (Blood Bank); providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date, for consideration of second reading and approval. Growth Management Director Charles Wu presented the project. Attorney Steve Mathison spoke on behalf of the petitioner, and proposed conditions of approval for traffic monitoring on MacArthur Boulevard to trigger changes in traffic flow if needed, and that all construction trucks enter from Northlake Boulevard. Mr. Mathison requested consideration for an entrance at the westernmost portion of the property. Comments by Councilmembers included a request for solid color awnings, to require traffic studies of subsequent phases to reflect the revised traffic movements from the exit off MacArthur, and to request the developer to provide MacArthur Boulevard traffic - calming improvements. Mike Martino, 320 Balsam, expressed concern that the exit onto MacArthur Boulevard would increase traffic into the neighborhoods to the north. Carol Estrada, 309 Riverside Drive, requested clarification regarding whether impact fees could be used to provide traffic improvements to her neighborhood, to which the City Attorney responded those fees had not been set up for that purpose and if it were determined they could be used then a study would be needed to prioritize the neighborhoods where improvements were to be made. Ms. Estrada then requested that the developer be required to provide a traffic - calming circle north of the Banyan tree. Ms. Estrada expressed concern that monitoring of the Banyan Tree must be done during construction to assure that the taproots of the tree were not disturbed. Linda Hughey, Reed Drive, requested a condition that the single lane access be changed to two lanes to allow more room for the bloodmobile and that no new access be allowed when the middle parcel was developed. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. It was clarified for Councilmember Sabatello that the MacArthur Boulevard access could be changed and traffic improvements on MacArthur Boulevard could be required if the traffic studies for phases 2 and 3 showed they were warranted. Mr. Wu indicated the Banyan Tree plan would be looked at during phases 2 and 3. Mayor Russo indicated he had expected a site plan showing phases 2 and 3 and did not understand why a multiuse project was not being done all at one time. Uses were discussed. Councilmember Clark requested time to edit the use of conditionally permitted uses. The applicant agreed to a solid awning and to eliminate the westernmost access on Northlake Boulevard and to change the other Northlake access to two lanes in and two lanes out. RESOLUTIONS Resolution 166, 2001 — A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving an application from Gardens East Plaza for approval of a 14,090 square foot drugstore and 3,867 square feet of in -line retail with a tower feature on Tracts 1, 2, and 3 (1.67 acres) in the Promenade Shopping Center (fka Gardens East CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/21/02 6 Plaza), located within the Gardens East Planned Community District (PCD), on the east side Alternate AIA, approximately 500 feet north of Lighthouse Drive. Senior Planner John Lindgren presented the project. Dodi Glas, agent for the petitioner, spoke on behalf of the petitioner. Traffic circulation was discussed. Since three members of the City Council did not agree with the access, applicant agreed to postpone this petition to the next regular City Council meeting. Ordinance 41, 2001 — Ordinance 41, 2001 was re- presented at this point in the meeting. Councilmember Clark reviewed the revised proposed list of permitted and conditional permitted uses. Petitioners stressed the importance of the westernmost Northlake Boulevard access for entrance and exit of the bloodmobiles. Consensus of City Council was to allow the westernmost access. Mr. Wu recommended uses be allowed at staff's discretion rather than making a specific list. Consensus of City Council was to allow staff to approve the uses. Councilmember Clark verified that Section 3 of the ordinance would read: Section 78- 508(b) of the City's Land Development Regulations governing minimum distance between a proposed and an existing intersection to allow for a 110' separation between the westernmost exit from the property and the next westernmost entry point on Northlake Boulevard. Councilmember Clark made a motion to approve Ordinance 41, 2001 on second reading by title only with the amendments as read into the record. Councilmember Furtado seconded the motion. City Attorney Rubin requested and received clarification that the motion included updated traffic studies for each subsequent phase as discussed earlier. Councilmember Clark withdrew his motion and made a new motion to approve Ordinance 41, 2001 on second reading by title only with the amendments as read into the record and to require updated traffic studies for each subsequent phase of this project. Councilmember Furtado withdrew her second and seconded the new motion. Mayor Russo stated he would not vote for this project because this ordinance would approve all three phases without knowing what would be constructed in subsequent phases. Councilmember Sabatello indicated the Mayor's position was his position also. Motion carried 3 -2. The City Clerk read Ordinance 41, 2001 on second reading by title only. Resolution 27, 2002 — A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving an amendment to a previously approved site plan for Parcel 27.05/.06 to allow the replacement of a hotel building with three single -story office buildings totaling approximately 27,000 square feet; extending condition #9 of Resolution 26, 2000 to the newly added office buildings; and authorizing minor modifications to the exterior buildings of approved structures. Principal Planner Talal Benothman presented the project. Kenneth Blair, Mall Properties Limited, was present on behalf of the petitioner. Councilmember Clark made a motion to approve Resolution 27, 2002. Councilmember Furtado seconded the motion, which carried by unanimous 5- 0 vote. ORDINANCES: Ordinance 3, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Gables East Construction, Inc. for approval of a rezoning of an approximately 240.65 acre parcel of land to Planned Community District (PCD) Overlay Zoning with underlying zoning of RL -3 (Residential Low) to allow for 450 multifamily dwelling units, 200 single family units, and 146 assisted living facility units and accessory structures located on the west CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/21/02 7 side of the Ronald Reagan Turnpike, south of Northlake Boulevard and north of the Beeline Highway, as more particularly described herein; 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. Planner Kara Irwin presented the project. Steve Bozak, developer, spoke on behalf of the petitioner. All councilmembers except Mayor Russo indicated they had spoken with the petitioner. Fred Schwartz, Kimley -Horn Associates, explained how traffic signals were warranted. Henry Skokowski, agent, indicated that the applicant agreed that an ALF would only be allowed if Jog Road were constructed; otherwise that site would become single family residential. Council member Clark moved that Ordinance 3, 2002 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 3, 2002 on first reading by title only. Ordinance 11, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for amendment to Land Development Regulations of the City of Palm Beach Gardens, Florida, amending Section 78 -261, "Definitions," of Division 5, "Public Places," of Article V, "Supplemental District Regulations," of Chapter 78, "Land Development" of the City Code of Ordinances by amending the definition of "development;" providing for codification; providing for severability; providing for conflicts; and providing for an effective date - for consideration of first reading. Councilmember Clark moved that Ordinance 11, 2002 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Cleric read Ordinance 11, 2002 on first reading by title only. ADJOURNMENT: There being no further business to discuss, upon motion by Councilmember Clark, seconded b or lin, carried 5 -0, the meeting was adjourned at 11:30 p.m. - APPROVAL: MAYOR-o' ZS 14'8 U. 3StE N r — ;, , YOR SIPS ds-A It t Tux Z BL 1'C S o �a -�> o�!`'l C CIL MEMBER ATTEST' CAROL - Q- zd," 'I Y'CQP,K 11,