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HomeMy WebLinkAboutMinutes Council 021199CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL REGULAR MEETING FEBRUARY 11, 1999 The February 11, 1999, Special Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 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 found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin, Councilman David Clark and Councilman Carl Sabatello. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. RE -ORDER AGENDA Councilman Clark made a motion to re -order the agenda to hear the • Consent Agenda next, then all public hearings, then the City Manager's report and items by Mayor and Council. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. CONSENT AGENDA Vice Mayor Furtado moved approval of the Consent Agenda. The motion was seconded by Councilman Clark and carried by unanimous 5 -0 vote. The following item was listed on the Consent Agenda: 1. Approval of Minutes from 1/21/99 Regular Meeting. Ordinance 7, 1999 Mayor Russo declared the Public Hearing open, duly advertised 1/29/99, and held on the intent of Ordinance 7, 1999 - Providing for Approval of the Application of Channing Corporation XXX for Rezoning of 7.3 -Acres of Land Located on the South Side of PGA Boulevard, immediately east of its Intersection with Avenue of the PGA to a Planned Unit Development, in Order to Construct 31 Townhomes, 14,212 Square Feet of General Office, 5,267 Square Feet of Medical Office, 10,667 Square Feet of General Retail, 5,900 Square Feet of Indoor Restaurant and 2,260 Square Feet of Outdoor • Restaurant Use - for Consideration of Second Reading and CITY COUNCIL SPECIAL REGULAR MEETING, 2/11/99 2 adoption. It was clarified that public comments made during presentation of Ordinance 7, 1999 would also apply to Ordinance 8, 1999, and Ordinance 9, 1999. Principal Planner Kim Glas presented the changes in conditions and in uses which had been made. Staff recommended an exhibit to Section 4. During discussion of the 20- year covenant offered by the applicant, City Attorney Post explained that the applicant would be entering into an independent agreement with adjacent property owners which could not be incorporated into the Development Order, but which could be a condition of approval if the applicant agreed. Steve Mathison, Attorney for the applicant, spoke on behalf of the applicant, indicated that the applicant agreed to the covenant being included as a condition of approval, and commented on the unprecedented hours of public participation with the neighbors. Henry Skokowski addressed the fitness facility and requested that a 3,500 square foot facility be approved for parcel 1 and parcel 2. Discussion ensued. Mayor Russo entered into the record a petition opposing the change in zoning. • Leonard Copeland, Avenue of the PGA, expressed concern regarding traffic which would be increased on Avenue of the PGA. A resident of 5350 Woodland Lakes, was not in favor of the project because of restaurants and because residents had been promised the area would remain residential Jack Levine, 5350 Woodland Lakes, expressed concern regarding traffic. Florence Mars, President of Longwood Condo, stated they remained unchanged in their position and were working with the developers. John Reynolds, 4445 Hickory Drive, reported their community had worked with the developer, who had addressed their concerns. A resident of Tamberlane, expressed concern regarding traffic and that stores would infringe on the residential area. A resident of Woodland Lakes, expressed concern that empty • buildings could make this entrance to the City ugly and that the CITY COUNCIL SPECIAL REGULAR MEETING, 2/11/99 3 reputation of the City would be damaged. Brice Sullivan, 11800 Tamberwell, expressed traffic concerns and gave an example of a broken covenant. Jay Adolph, 10690 Avenue of the PGA, indicated he was comfortable with traffic because he believed the extra exit would alleviate much of the traffic on Avenue of the PGA. A resident of 5188 Woodland Lakes, expressed concern with the fitness center use because of many others closing. Attorney Mathison expressed his opinion that there was a much greater number of people in favor of the project than opposed and addressed some of the comments made. Hearing no further comments from the public, Mayor Russo declared the Public Hearing closed. Mayor Russo expressed his own original concerns, commended the developer for working with the residents and for his covenant with the residents, and expressed • the City Council's opinion that this project would be an asset to the City. Vice Mayor Furtado stated for the record she had spoken with Mr. Channing and Mr. Mathison, which would not affect her decision, and expressed her opinion that this was one of the best projects she had seen. Councilman Sabatello commented changes had occurred since the original promise to leave this area zoned residential and that he did not believe the retail would impact the area adversely. Councilman Sabatello stated he would vote in favor of this community because he considered it an asset to the City. Councilman Jablin commented the City was changing from a small town to a City and that he believed this project would be an asset to the City. Councilman Clark agreed with the other members of the City Council and stated he was excited regarding how residents had worked with the developer in this project. At the request of Councilman Sabatello, changes to Avenue of the PGA were reviewed. It was the consensus of the City Council to provide no fitness center on parcel 1, a 2,500 square foot fitness facility on parcel 2, and 3,500 square foot fitness facility on parcel 3. City Attorney Post stated the amendment to Ordinance 7, 1999, would be modified by addition of the following condition: Prior to . issuance of the first building permit for this parcel the applicant shall duly record in the public record a covenant which has been CITY COUNCIL SPECIAL REGULAR MEETING, 2/11/99 4 submitted to and approved by the City. Said covenant shall bind the subject parcel to the specifications of the Development Order at the time of adoption for a period of twenty years. Growth Management Director Roxanne Manning read into the record an amendment to section 3 number 9 on all three ordinances updating publication requirements for the lighting fixture schedule. Councilmember Sabatello requested any additional lighting be approved by the City Council on all petitions from this day forward. Petitioner proposed lighting changes be made a part of the signage package which was required to be brought to the City Council. It was pointed out that condition 17 regarding lighting would need to be reviewed. Councilman Clark made a motion to approve Amendment 1 to Ordinance 7, 1999 with the additional changes to Section 3, the addition of Item 9 as read into the record by Growth Management Director Roxanne Manning and addition of condition G as read into the record by the City Attorney. Motion was seconded by Vice Mayor Furtado and carried by unanimous 5 -0 vote. • Councilman Clark made a motion to approve Ordinance 7, 1999 upon second reading by title only. Motion was seconded by Vice Mayor Furtado and carried by unanimous 5 -0 vote. The City Clerk read Ordinance 7, 1999 on Second Reading by title only. Ordinance 8, 1999 Mayor Russo declared the Public Hearing open, duly advertised 1/29/99, and held on the intent of Ordinance 8, 1999 - Providing for Approval of the Application of Charming Corporation XXX for Rezoning of 8.997 -Acres of Land Located on the South Side of PGA Boulevard, immediately west of its Intersection with Hickory Drive to a Planned Unit Development, in Order to Construct 17 Townhomes, 6,606 Square Feet of General Office, 7,150 Square Feet of Medical Office, 12,654 Square Feet of General Retail, 3,300 Square Feet of Indoor Restaurant and 1,675 Square Feet of Outdoor Restaurant Use with 8 Apartments located Above the Commercial Uses- for consideration of Second Reading and approval. Mayor Russo requested that all comments made under Ordinance 7, 1999 be transferred to Ordinance 8, 1999. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. The City Attorney read into the record the following change to Amendment One: One of the permitted uses shall be a fitness studio CITY COUNCIL SPECIAL REGULAR MEETING, 2/11/99 5 Is not to exceed 2,500 square feet. The City Attorney stated the condition regarding the covenant as read into the record for Amendment One to Ordinance 7, 1999 would also be incorporated. Lighting would be incorporated into the signage package. Amendment to Section 3, Item 15 lighting fixture schedule was read into the record by Growth Management Director Roxanne Manning. Councilman Clark made a motion to approve Amendment 1 to Ordinance 8, 1999 with the following changes: In paragraph A, the permitted uses within the Planned Unit Development where the line out gymnasium and fitness center had been inserted, reinsert the words fitness center and add the words not to exceed 2500 square feet. In addition, add amendment to Section 3, item 15 as read into the record by Growth Management Director Roxanne Manning and add the condition on the covenant as previously read into the record for Ordinance 7, 1999 by the City Attorney. Motion was seconded by Vice Mayor Furtado and carried by unanimous 5 -0 vote. Councilman Clark made a motion to approve Ordinance 8, 1999 • upon second reading by title only. Motion was seconded by Vice Mayor Furtado and carried by unanimous 5 -0 vote. The City Clerk read Ordinance 8, 1999 on Second Reading by title only. Ordinance 9, 1999 Mayor Russo declared the Public Hearing open, duly advertised 1/29/99, and held on the intent of Ordinance 9, 1999 - Providing for Approval of the Application of Channing Corporation XXX for Rezoning of 12.266 -Acres of Land Located on the South Side of PGA Boulevard, east of its Intersection with Hickory Drive, in Order to Construct 21 Townhomes, 22,609 Square Feet of General Office, 5,420 Square Feet of Medical Office, 32,861 Square Feet of General Retail, 8,200 Square Feet of Indoor Restaurant and 3,360 Square Feet of Outdoor Restaurant Use with 32 Apartments located Above the Commercial Uses - for consideration of Second Reading and approval. Mayor Russo requested that all comments made under Ordinance 7, 1999 be transferred to Ordinance 9, 1999. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Amendment to Section 3, Item 16 lighting fixture schedule was read into the record by Growth Management Director Roxanne Manning. Ms. Manning stated an addition to Condition 1 at the end . of the last sentence: and fitness studio not to exceed 3,500 square CITY COUNCIL SPECIAL REGULAR MEETING, 2/11/99 A feet. Also to be added was language pertaining to the covenant which was previously read into the record by the City Attorney. Councilman Clark made a motion to approve Amendment 1 to Ordinance 9, 1999 with the amendments read into the record by Growth Management Director Roxanne Manning. Motion was seconded by Councilman Jablin and carried by unanimous 5 -0 vote. Councilman Clark made a motion to approve Ordinance 9, 1999 upon second reading by title only. Motion was seconded by Councilman Jablin and carried by unanimous 5 -0 vote. The City Clerk read Ordinance 9, 1999 on Second Reading by title only. COMMENTS FROM THE PUBLIC David Stein, representing a builder, reported he had purchased final phase of Westwood Lakes on Hood Road and planned 4 buildings of affordable housing, 3 with 12 units, one with 11 units, and requested signage for his project for specific hours on weekends. It was the consensus of the City Council that they did not wish to make any changes to the existing sign code. Growth Management Director Manning noted there were other equally effective advertising methods such as newspapers. RE -ORDER AGENDA Councilman Clark made a motion to re -order the agenda to next hold discussion of the Composition of the Education Advisory Committee. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR DISCUSSION Composition of Education Advisory Committee CITY MANAGER REPORT City Manager Herakovich reported it had been a staff recommendation to limit all advisory boards to 9 members; however, the Education Advisory Board wished to have more members. Councilman Jablin suggested 11 members and 4 alternates plus a student, to solve the problem of getting a quorum and provide enough people to attend SAC meetings. City Manager Herakovich reported the city had been ranked CITY COUNCIL SPECIAL REGULAR MEETING, 2/11/99 7 number 17 out of 33 in projects for legislative appropriation for the District Park and requested that the City Council members call Representative Marchant and Doc Myers before February 15 for their support and sponsorship. The City Manager reported the EMS department had passed a surprise State of Florida inspection. City Manager Herakovich reported Gardens East homeowners had provided a guard shack after 5 p.m. for the police to make calls. The City Manager reported that a containment assessment plan had been submitted to DEP for the Klock property. City Manager Herakovich reported that as a result of a session presented by WIC Communities and hosted by the City, staff would be developing a schedule of expectations for petitions. The City Manager reported negotiations with several independent consultants for contractual relationships for Growth Management, in both Code Enforcement and Site Plan Review. Principal Planner positions had been advertised. City Manager Herakovich reported how other departments were planning to better handle their site plan review responsibilities and how dollars could be shifted within the budget to possibly accommodate additional personnel. Mayor Russo expressed concern regarding the need for legal opinions on zoning • in progress. The City Manager indicated staff reports would be provided. Mayor Russo reported he referred phone calls regarding prospective development to Growth Management. CITY ATTORNEY REPORT City Attorney Post reported their firm was adding an attorney to advise on technical issues. ITEMS FOR DISCUSSION Mayor Russo Mayor Russo requested research regarding what the County planned to add to their Comprehensive regarding education. Councilman Jablin Councilman Jablin reported there was a group called Coalition for Black Student Achievement who was currently working with the School District of Palm Beach County to do away with bussing for integration so that everyone would keep their neighborhood schools, and the whole idea was to focus on student achievement rather than racial balance. Discussion ensued. Councilman Jablin recommended Leo Noble be contacted to provide information to the City Council. Mayor Russo The Mayor reported a new road realignment plan was going to be • submitted by Golf Digest. • CITY COUNCIL SPECIAL REGULAR MEETING, 2/11/99 8 Vice Mayor Furtado Vice Mayor Furtado repeated her request to have lighting installed at the temporary entrance to City Hall. Vice Mayor Furtado reported the grant for the TIPS program would be prorated among the sites within the County. The Vice Mayor expressed frustration that light poles had not been reinstalled on the ball field and that under the current plan one -third of the season would be gone before the lighting was reinstalled, and requested that Department Heads think ahead in the future in similar situations. Councilman Jablin Councilman Jablin commented on the new tennis facility. The City Manager thanked those who had worked on this project. ADJOURNMENT There being no further business to discuss, upon motion by Vice Mayor Furtado, seconded by Councilman Clark, carried 5 -0, the meeting was adjourne at e:45 p.m. APPROVAL: F/Apr ORA N W4 ffal COUNCILMAN �D CLARK COUNCIL •A' • ATTEST: l IND V. KOSIER, CMC, CITY CLERK