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HomeMy WebLinkAboutMinutes Council 051597CITY COUNCIL REGULAR MEETING MAY 15, 1997 The May 15, 1997, 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 roll was called by the Deputy City Clerk and the following elected officials were found to be in attendance, Vice Mayor Lauren Furtado, Councilwoman Linda Monroe, Councilman Eric Jablin and Councilman David Clark. Mayor Joseph Russo was not in attendance as he was out of town. ANNOUNCEMENTS Vice Mayor Furtado stated that the announcements were as posted on the City's bulletin boards and on the agenda. Vice Mayor Furtado welcomed students from the American Government Class of Palm Beach Gardens High School. Vice Mayor Furtado also welcomed Councilwoman Linda Monroe's parents to the meeting. PRESENTATIONS Impact Fee Report Henry Iler of James, Duncan and Associates, made a presentation to the Council regarding Impact Fees. Mr. Iler stated that based on data provided by the City a technical memorandum had been prepared that recommended a net cost schedule for police, fire and recreation facilities. The cost schedules represented the maximum impact fees that could be justified based on the available data and methodologies provided for the analysis. Mr. Her recommended that impact fees not be adopted or maintained at levels higher than the net costs calculated in the study. Mr. Her stated that Fire and EMS impact fees should bring in approximately 123% more revenue annually than presently realized by the City, if existing and future development remained the same. The police impact fee should double the amount of monies received annually and the park fee should represent a 50% increase over revenues and/or land presently received for park land. For Fire and EMS the single- family detached fee will increase approximately 136 %, hotel motel rises approximately 320 %, retail/commercial increases approximately 16$% and industrial decreases approximately 700NO. In response to Councilwoman Monroe, Mr. Iler stated he had not done an analysis of the surrounding municipalities' impact fees, but knew the park fee was similar to that of Palm Beach County. Mr. Her stated he would do an analysis of surrounding municipalities and present that information to the Council at the next meeting. Councilman Clark agreed that it was important to charge a fair fee. Councilman Sablin agreed with what was presented. The Council suggested no changes to the ordinance being prepared by staff. ITEMS FOR COUNCIL ACTION Klock Property Assistant City Manager Dunham explained that a change order to the Klock Property was necessary because the additional lights also required modifications to the main electrical panel. A quote was received from the electrical subcontractor through the general contractor to perform the necessary work in the amount of $19,600 00. Staff recommended approval of the change order, stating the amount would be paid out of Recreation Impact Fees. Councilman Clark made a motion to approve the change order in the amount of $19,600.00. The motion was seconded by Councilman Jablin. Councilwoman Monroe stated that she was concerned that the change order could have presented a problem if the City had been doing this project on a "shoestring" budget. Councilwoman Monroe expressed her concern with possibility of excessive change orders on the new municipal complex since the work would be done through the same general contractor. The motion unanimously carried. Amendment to ADG Contract Assistant City Manager Dunham explained that staff was seeking Council approval of an amendment to the Architects Design Group contract to include the same services for the recreational improvements at Gardens Park to provide continuity for the engineering process Staff negotiated the fee, which represented 7% of the construction costs, similar to the 6.9% fee previously negotiated for the municipal complex. Mr. Dunham pointed out that this fee was in line with state averages. Councilwoman Monroe made a motion, seconded by Councilman Clark, to approve staff's recommendation. The motion unanimously carried. Palm Beach County Land Use Amendment - Northlake Boulevard Kim Glas, Acting Planning and Zoning Director, stated the property in question was the property that fronted Northlake Boulevard, south of Menorah Gardens, immediately east of the City's golf course. With this proposal, the petitioner was also requesting to extend the county's urban service area to include this parcel. The petitioner was seeking a land use change from Institutional and Rural Residential 10 to Commercial High Intensity, Ms. Glas stated that with the Ibis commercial, it did not appear that additional nonresidential was needed in this area at this time and was, therefore, an untimely proposal. Ms. Glas pointed out that the properly was within the City of Palm Beach Gardens future annexation area and fell within the rural area identified by the City's "vision" and the North county Planning Forum. However, the petition proposed to extend the urban area to include this parcel and extend urban services to the site. Ms. Glas stated that staff had concerns regarding this proposal and would be CITY COUNCIL REGULAR MEETING, 5/15/97 relaying negative comments to the County. Councilwoman Monroe reported that the dialogue was still continuing with Mr. V avrus and the equestrian people. Councilwoman Monroe stated that if the County continued with the proposed petition, all hopes for the equestrian community would be gone. Councilwoman Monroe stated she spoke to the City Manager last week when she learned that there were discussions between Seacoast Utilities and the City of West Palm Beach to perhaps put water on the north side of Northlake Boulevard. Councilwoman Monroe wondered what the value of having our own utility was if deals such as this were being made. Councilwoman Monroe felt that if the City wanted to avoid being compared to West Boca, Broward County and Dade County, this petition should not go forward. Councilwoman Monroe asked that the Mayor be authorized to send a letter and to attend both the Land Use Advisory Board meeting and the County Board of Commissioners meeting to take a strong stand in recommending denial of this petition. The Council was in agreement with Councilwoman Monroe's request. Gardens Hospital Assistant City Manager Dunham stated that the development order and the approved master plan for Palm Beach Gardens Medical Center allows the City Manager to approve administrative changes to the phasing plan for the hospital. The Hospital has come into CITY COUNCIL REGULAR MEETING, 5 /15 /97 3 the City with a request for a change in the phasing. The City Engineer and staff have reviewed the request and have no objections, however, wanted to bring one concern to the City Council regarding the ICU unit that would be built by the helicopter pad. This would require that the helicopter pad be shut down during construction and would require the hospital use the area north of the condominiums during this construction period. The hospital has pointed out that they only accept 3 -4 helicopter patients a month that are usually heart patients and do not accept trauma patients. Mr. Dunham stated that the concerns outlined in the Engineer's memo of May 6, 1997, have been satisfied. Councilman Clark made a motion to approve staff s recommendation, seconded by Councilman Jablin. The motion was approved by a unanimous vote. COMMENTS FROM THE PUBLIC Jack White Jack White, member of Amara Temple, stated they would like to have the Council's approval for a small sign to be placed on their property one day a week. Mr. White stated the sign would be placed on the property on Tuesday morning and taken down CITY COUNCIL REGULAR MEETING, 5/15/97 7 Tuesday afternoon and would be for fundraising purposes. It was pointed out that the Sign Code did not allow for the requested sign on a regular basis and would only be considered for a special event. It was the consensus of the Council that they could not consider approval of the requested temporary sign. CONSENT AGENDA The minutes of 5/1/97 City Council Regular Meeting were pulled from the Consent Agenda. Councilman Clark made a motion to approve the Consent Agenda, without Item 2. Councilman Jablin seconded the motion, which unanimously carried. The following items were approved on the Consent Agenda: I . Approval of Minutes of 4/17/97 City Council Workshop Meeting 2. Resolution 54, 1997 - Approval Requesting that the United States Conference of Mayors Affirm the Authority of Local Governments Over Decisions Regarding the Placement of Personal Wireless Service Facilities. 3. Resolution 55, 1997 - Approval Providing for Support of Sidewalk Enhancement Funding to Construct a Sidewalk on the North Side of Burns Road between Prosperity Farms Road and Alternate AIA. 4. Resolution 59, 1997 - Approval of the Plat of Comfort Inn. Councilwoman Monroe left the meeting at 8:05 P.M. PUBLIC HEARINGS Ordinance 9, 1997 Vice Mayor Furtado declared the Public Hearing open, which was duly advertised 4/2/97 and postponed from the 4/17/97 Regular Council meeting and held on the intent of Ordinance 9, 1997, consideration of approval providing for the repeal of Section 70 -61 CITY COUNCIL REGULAR MEETING, 5/15/97 of the Palm Beach Gardens Code of Ordinances, entitled "Authorization of No Parking Restrictions "; Amending Section 70- 62 of the Palm Beach Gardens Code of Ordinances, entitled "Parking on City Property". Assistant City Manager Dunham outlined the history of Ordinance 9, 1997, stating that at the last meeting the Council directed staff to do a survey of damage to swales from parking. Bob Patty, Public Works Director, reported that 25% of repairs are due to rutting from vehicles, either passing through the swale or parking in the swale. Of the swales which had been repaired, approximately 20% of those swales had to be reworked due to rutting from vehicular traffic or parking. City Attomey Acton stated that included in the Council package were two amendments to Ordinance 9, 1997, that would have to be adopted separately by the City Council, if they so chose. Vice Mayor Furtado stated that after she read the report from Public Works regarding the cost of repairing swales because of parking, she could not support Ordinance 9, 1997. Councilman Clark stated he, too, could not support Ordinance 9, 1997. Councilman Jablin stated that he could not support Ordinance 9, 1997. Vice Mayor Furtado made a motion to close the Public Hearing. CITY COUNCIL REGULAR MEETING, 5115197 9 RESOLUTIONS Resolution 56, 1997 Councilman Clark made a motion to approve Resolution 56, 1997, approval providing for a request to the Insurance Commission of the State of Florida to review and amend policies and procedures for insurance coverage, including rates, for all types of insurances for residents of the State of Florida. The motion was seconded by Councilman Jablin and unanimously carried. Resolution 57, 1997 Assistant City Manager Dunham stated that the City Councils of North Palm Beach, Lake Park and Palm Beach Gardens have formed a task force to study the renovation and the redevelopment of the Northlake Boulevard corridor. This group has proposed an Interlocal Agreement, however, staff would prefer a discussion with the Council and not an adoption this evening. Marty Minor, Planner, stated the Councils from North Palm Beach and Lake Park are also reviewing the Interlocal Agreement to determine if it is going in the direction they desired, and pointed out that there would be a meeting of the task force on 5/19197 at Palm Beach Gardens City Hall to discuss concerns of each municipality and to set a cost for doing a study on the Northlake Boulevard corridor. It was the consensus of the Council to continue with the task force, however, Councilman Clark felt that it was important to have a budget for the City's contribution toward studies done by the task CITY COUNCIL REGULAR MEETING, 5/15197 10 force. Councilman Clark stated that if the task force went over the budgeted amount, they would have to come back before the appropriate Councils for approval of additional monies. It was pointed out that while Karen Marcus has attended all the meetings of the task force and supports the project, the County could not financially support the project. Attorney Acton pointed out that Section 4 of the Interlocal Agreement, the authority of the task force, whereby the task force would assign responsibility of assigning professional assistance in accordance with purchasing policies. Attorney Acton did not feel the Council would want to give the task force or the City Manager the authority to dictate to this Council how it will spend the money or allocate services. The City Council agreed, stating that there was a need for a budget item for the task force. ORDINANCES Ordinance 22, 1997 It was suggested that the Ordinance be amended to provide for 4 alternates to the Education Advisory Board instead of 4 additional Regular members. Attorney Acton stated that alternates, as well as members of the public, could be appointed to sub- committees of the Board, however, would not have a vote. Councilman Clark made a motion to place Ordinance 22, 1997, on first reading, by title only, with the following change in Section 1: CITY COUNCIL REGULAR MEETING, 5/15/97 11 The board shall be composed of 15 regular members and 4 alternates." Attorney Acton stated that the title of the ordinance also had to be changed accordingly, to read "APPOINTMENT OF MEMBERS 1TO THE EDUCATION ADVISORY BOARD TO INCLUDE 4 ALTERNATES ". Councilman Clark amended his motion to include Attorney Acton's amendment. Councilman Jablin seconded the motion, which passed by a vote of 3 ayes and 0 nays. The Deputy City Clerk read Ordinance 22, 1997, on first reading by title only. Ordinance 9, 1997 Councilwoman Monroe returned to the meeting at 8:25 p.m. and was given the opportunity to put her comments regarding Ordinance 9, 1997, on the record. Councilwoman Monroe preferred that the Ordinance be passed and then notify the residents through the CityLine that this parking would be allowed on a one year basis and if the swales were torn up extensively a change would be made. Vice Mayor Furtado stated that she liked the new letter now being used to notify residents of a violation and asked that this notice be given to residents to advise them of the ordinance that did not allow cars to be parked in the Swale. Ordinance 9, 1997, failed for lack of a motion. Ordinance 23, 1997 Finance Director Kent Olson detailed the justification for raising CITY COUNCIL REGULAR MEETING, 5115197 12 some of the rates for occupational licenses. Mr. Olson stated that in 1994 the City Council appointed an Equity Study Commission consisting of business community members to examine and revise the City's occupational license fees. Based on those recommendations the City passed Ordinance 23, 1994, which implemented the new fee schedule. State Statute permits the City to increase occupational license fees up to 5% every two years. In a survey of area communities and Palm Beach County, all other government entities have at least some fee for a home occupational license, Councilman Clark made a motion to place Ordinance 23, 1997, on first reading, by title only, with the amendment to the locksmith occupational license, Councilman Jablin seconded the motion, which unanimously carried. The Deputy City Clerk read Ordinance 23, 1997, by title only, on first reading. Ordinance 25, 1997 Marty Minor, Planner, stated that Temple Beth David was seeking approval for the expansion and renovation of the existing temple. This petition would amend the existing conditional use in an RL -1 residential low density district, Mr. Minor reviewed the details of the proposed project. The petitioner was requesting no variances. Building Official Jack Hanson has reviewed the petition and signed off on same, voicing no objections. The Planning and Zoning CITY COUNCIL REGULAR MEETING, 5/15/97 13 Commission unanimously recommended approval with seven conditions. One of the conditions was that the turn out radii be a 40 foot medium, however, since the writing of the staff report, the petitioner has revised the site plan to reflect this amendment. Staff recommended approval with a condition that the lighting plan be approved before the issuance of a building permit. Mr. Minor reviewed all conditions approved by the Planning and Zoning Commission. City Attorney Acton pointed out that the Council had two Ordinance 2 5 s in their package and suggested that the Council not consider the ordinance dated May 15, 1997. Phil $luckner, architect for the proposed project, addressed the Council stating that concerning the drainage issue, the petitioner is involved with the MacArthur Foundation as to where the easement is placed. It was expected that this issue would be solved before second reading of the Ordinance. Councilwoman Monroe made a motion to place Ordinance 25, 1997, on first reading, by title only. Councilman Jablin seconded the motion, which unanimously carried. The Deputy City Clerk read Ordinance 25, 1997, by title only on first reading. Ordinance 26, 1997 Marty Minor, Planner, stated Ordinance 26, 1997, was for consideration of approval for a comprehensive signage package for CITY COUNCIL REGULAR MEETING, 5115197 14 the City Centre Planned Unit Development located at the southwest corner of PGA Boulevard and U.S. L The petitioner proposed ground signs at the following locations: one sign at the Ellison Wilson Road entrance, one sign at the southeast corner of Ellison Wilson Road and PGA Boulevard, two signs at the PGA Boulevard site entrance, and two signs at the southwest corner of PGA Boulevard and U.S. 1. The previously proposed sign at the future east -west road at the southern boundary of the site had been eliminated. While the petitioner proposed six ground signs, only four were allowed by Code, and is seeking a waiver from the Code as well as from the side setback requirement. Grounds signs will have a masonry wall with a fabricated aluminum sign painted with a Yacht Blue finish. Tenant signage will be aluminum channel letters with white acrylic faces with Yacht Blue trim Hank Skokowski of Urban Design Studios stated that the design was as requested by the City Council. Councilman Clark made a motion to place Ordinance 16, 1997, on first reading, by title only. The motion was seconded by Councilman Jablin and approved by a vote of 3 ayes and 1 nay. Councilwoman Monroe cast the nay vote stating that she was opposed to the number of ground signs. The Deputy City Clerk read Ordinance 26, 1997, by tide only on first reading. CITY COUNCIL REGULAR MEETING, 5115197 ORDINANCE (WORKSHOP) Ordinance 20, 1997 Kim Glas stated that there were 3 unresolved issues regarding Ordinance 20, 1997, for the approval of a Planned Unit Development for Christ Fellowship Church. Those issues were: the landscaping of the road right -of -way on Gibson Road and Northlake Boulevard, the use of the Gibson Road access and a 15 concern that the site would be used in a manner incomparable with the surrounding area (such as a theater or performing arts center). Since that meeting staff has considered Council concerns. To address the landscaping, the petitioner has proposed to move 1000 points of landscaping from their site to the right -of -way area and staff was in agreement with the concept, however, needed to review the plans to determine if the proposal was viable. Regarding the Gibson Road access, it was pointed out that the City Engineer required the Gibson Road access, however, the church was agreeable to deleting that access from the plan. Staff prepared a condition of approval regarding the uses allowed by the church that should address the Council's concerns. However, the church felt that while they did not sell tickets to any of their functions, there may be a time in the future when they would want to have a fund raiser and need the freedom to sell tickets to an event. The church provided alternate language, however, staff did not feel it CITY COUNCIL REGULAR MEETING, 5/15/97 16 provided the assurances that the Council wanted. Councilwoman Monroe suggested that the condition be worded to stated that the sale of tickets would be limited to four times a year. It was the consensus of the Council that the only control the Council would have would be the frequency of events. The architect for the church addressed the City Council, stated that the language proposed by the church would be that the church would not be used for non- religious performances and that the church sanctuary would not be leased or rented for non - religious performances or be used as an auditorium for non - religious theatrical or non - religious performances that involved the sale of tickets to non - members of the church congregation or for sale to the general public in exchange for payment or contribution to the church. Vice Mayor Furtado stated she did not want to restrict the church to a specific number of events per year since there were other churches in the area that were unrestricted. Staff was requested to survey area churches to determine how many events a year they had and what problems were experienced. Councilman Jablin stated that he was concerned with the number and types of events at the church because he wanted the church to be a good neighbor to the community. Roy Allen, a resident of Hunt Club and a Board member of their CITY COUNCIL REGULAR MEETING, 5115197 Association, stated that the association put in an official position statement on May 11, 1997, and added that they did not oppose a church but did not support the current site plan as proposed. The association was concerned with potential traffic problems and delays on Northlake Boulevard. The residents of the Hunt Club were concerned with the size and height of the proposed church 17 and felt the architectural design should be amended to conform to a residential community. Future expansion plans were a concern to the residents of the Hunt Club. Mr. Allen stated that there was currently a debt on Gibson Road that residents of the Hunt Club were paying off and felt that the church should pay their share of the debt if they should ever use the exit on Gibson Road. Mr. Allen estimated that the church's share of this debt would be $2800 per acre, or $56,000 for the church. Mr. Allen also raised the issue of possible ground water contamination from the JDM golf course site because the church would be using ground water for irrigation purposes. Diane Carlino, a member of the City's Planning and Zoning Commission, and a resident of Cypress Hollow, clarified the Planning and Zoning Commission position regarding the church petition. Ms. Carlino asked that the Council consider the recommendations of the Commission. The Commission CITY COUNCIL REGULAR MEETING, 5/15197 recommended denial of the petition based on the intensity of the petition Ms. Carlino asked that the Council review this petition very carefully and take into consideration the surrounding neighborhoods. Councilwoman Monroe asked staff to provide more information regarding the well issue. Councilman Jablin stated that he was a member of the Dump Committee and felt that the issue of contamination had been put to rest, however, pointed out that the church would have to be permitted for use of well water. Councilman Clark stated that he spoke with Diane Carlin regarding the Council going against the Commission recommendation, however, stated that he would like to go on record in stating that this was not a petition that was being 18 considered lightly by the Council. Councilman Clark pointed out that the number of times that the Council did not follow the Commission recommendations were very few and only do so after painful examination of all the evidence. Councilman Clark that sets this issue apart from the kinds of issues on which the Council follows the Commission recommendations was because this involved a question of policy beyond the nuts and bolts that apply to planning and zoning laws and the Council wanted to encourage churches in residential neighborhoods. CITY COUNCIL REGULAR MEETING, 5115197 19 Doug Brookbank, resident of Cypress Hollow and a member of the homeowners association, addressed the Council stating that association sent a letter to the City stating similar concerns to that of the Hunt Club. Mr. Brookbank objected to the intensity of the project and the height of the church. Paul Aleskovsky, 10266 Hunt Club Lane, expressed his concern with the long term intent of the church. Mr. Aleskovsky stated that the church had first option for the purchase of the rest of the acreage adjacent to their proposed building and heard that the 10 acres on the other side of the Senior Center would be brought back to the Council for approval of another senior center. Richard Barry of Cypress Hollow stated he purchased his home and the lot next to his home, which faces the pasture. Mr. Barry stated he purchased the additional lot so that he could continue to have a clear view of the pasture, however, now he would have a view of a building. Mr. Barry was concerned with the height of the proposed church. Joan Waltwater, resident of Cypress Hollow, expressed her concern with the size of the project, feeling that it was a commercial venture and the potential traffic problems. Councilwoman Monroe felt staff should look more at the size of the church and stated that the ultimate goal of the church should be CITY COUNCIL REGULAR MEETING, 5115197 20 considered. Councilwoman Monroe stated it would behoove residents to know what the Council did in terms of zoning of vacant lots in their area. Councilman Clark felt that it would be helpful to have comparative drawings to determine the height of the building, as well as the steeple, in relation to the neighborhood. It was the consensus of the City Council to schedule Ordinance 20, 1997, for another workshop so that additional information could be gathered for their consideration.. Councilwoman Monroe stated that she did not like the proposed green roof, pointing out that the City prefers to have neutral colors . The architect for the project pointed out that the property had 10% ground coverage with the building and felt that the church had taken great pride in providing a building that was not as intense as it could have been. Vice Mayor Furtado stated that the church met all code requirements and pointed out that the only issues that had not been resolved were the Gibson Road access (which the City required), the right -of -way landscaping and activities that would be allowed at the facility. Councilman Jablin stated that if the church remains with the intensity and density as proposed, he would not be happy with the project. Councilman Clark stated he was not sure he objected to the size until he saw a comparison of other churches in the area. CITY COUNCIL REGULAR MEETING, 5115197 ITEMS FOR DISCUSSION 21 Councilwoman Monroe agreed with Councilman Clark, however, was wrestling with the issue of the kinds of events that would be held at the church. Councilwoman Monroe stated that she knows other churches are not restricted, however, felt that just because the City did not restrict them in the past, if a better way was found for the future, it should be considered. In response to Assistant City Manager Dunham, staff was directed to advertise a public hearing for the 6119/97 meeting of the City Council, and to schedule Ordinance 20, 1997, for a workshop on 615197. Space Station Alpha Kim Glas, Acting Planning and Zoning Director, stated that this item came before the City Council at the previous meeting, however, it was felt that it should come back before the Council when Councilman Clark and Councilwoman Monroe were in attendance. Space Station Alpha, located in the Gardens Towne Square Shopping Center, has petitioned the City for an amendment to a conditional use approval in the CG -1 General Commercial zoning district to allow 50 skill game -type machines and video games Vice Mayor Furtado stated she objected to the proposed petition because she was opposed to violence of any kind. Councilman CITY COUNCIL REGULAR MEETING, 5115197 Jablin agreed with Vice Mayor purtado. Rob Walsh, owner of Space Station Alpha, addressed the City Council stating that the goal of the establishment was not to become an arcade, but to meet the requirements needed to give tickets for redemption of prizes. The requirement for the redemption of tickets was 50 skill type games. 22 Councilman Clark stated that he attended Space Station Alpha two weeks ago and did not feel the Laser Tag was a violent game and felt the establishment was family oriented. Councilwoman Monroe questioned the food service, and was informed that it would be pizza, hot dogs, etc., and would not be a major food service. Councilwoman Monroe stated that the first thought that came to her mind when she heard "redemption" was gambling. It was explained that the tickets were given for skill on a machine that could be turned in for prizes. Councilman Jablin stated that he did not have a problem with the additional games, but did have a problem with the teenagers hanging out in front of the store and smoking. Mr. Walsh stated that as more and more birthday parties for younger children are scheduled and the pool tables are removed from the establishment, the less attraction there will be for teenagers. Mr. Walsh pointed out that 80% of their business are CITY COUNCIL REGULAR MEETING, 5/15/97 23 from children under 15 years old and felt that the police department patrols would be able to control teenagers smoking throughout the shopping center. Councilwoman Monroe stated that she could reluctantly support the request, however, what was worrying her was that she was not hearing a commitment to eliminate the loitering. Councilwoman Monroe stated she would like to see a condition that the owner and staff of Space Station Alpha would prevent loitering by smoking teenagers in front of the store. Attorney Acton stated that if anyone is standing on a sidewalk and obstructing pedestrian traffic they could be in violation of provisions, whether they are smoking or not smoking. However, if people are smoking, but not obstructing traffic, there is no violation. Loitering laws have always been difficult to enforce because the purpose of those standing or sitting is extremely difficult to surmise. Attorney Acton stated an additional problem with the proposed condition was whether the owner of this establishment's obligation extends beyond his front door, and stated that he felt that the owner of the shopping center had more of an obligation to the City. It was the consensus of the City Council to move this petition forward and have staff prepare the necessary documentation for the Council's consideration. CITY COUNCIL REGULAR MEETING, 5/15/97 24 PGA Marina PLTD Marty Minor reviewed the petition for a request to rezone 2.92 acres from CG -1 General Commercial to a Planned Unit Development and for site plan approval for an existing boat sales operation on 7 47 acres north of PGA Boulevard west of the Intracoastal Waterway. Mr. Minor stated that the site plan was for the existing 36,335 square foot boat warehouse, 2,244 square foot boat sales center, a 1,250 square foot commercial building and a 600 square foot marine store. Currently there are 264 dry and 20 wet boat slips on the site. The petitioner proposed to gain approval for the following uses- Boat Sales and Brokerage, Boat Storage and Repair, Ship's Store, Fuel Sales, Jet Ski and Boat Rentals. Mr. Minor stated these uses are non - conforming uses on the site. The City has no record of approvals for on -site boat sales on this site. There is an access easement through the subject site which leads to the adjacent Riverhouse restaurant. The Planning and Zoning Commission recommended approval of this petition, with conditions. One of the conditions was the requirement for landscaping along the north of the boathouse building be installed, which has been done, however, the petitioner is still requesting 3 waivers from the landscape code. A waiver from the 15 -foot landscape buffer requirement along PGA Boulevard at the southeast corner of their site, a waiver from the requirement of a CITY COUNCIL REGULAR MEETING, 5115197 25 tree within 44 feet of each parking space, and a waiver from the required eight -foot landscape buffer on the north side of the existing boat warehouse. The petitioner did not meet the parking requirements, even though some of the parking was inconvenient. Staff recommended that the site meet all landscape code requirements. Councilman Clark stated he was in favor of maximizing landscaping and coming as close as possible to the code requirements. Vice Mayor Furtado agreed with Councilman Clark. Councilwoman Monroe stated that there was a belief in the past that there should be recognition for the difference between appropriate landscaping near the water versus landscaping west of Prosperity Farms Road before getting into the pine flatwoods section; whereas along the Intracoastal those pines and palmettos did not look as appropriate as having palm trees and shade trees. Now that the existing landscaping is beginning to mature, Councilwoman Monroe felt that this area should be left alone, as long as they continue to put in the annuals, etc. Councilman Clark stated he would like to see more trees along the waterside and agreed with Councilwoman Monroe regarding the 50 foot gap and the landscaping along PGA Boulevard, but would like CITY COUNCIL REGULAR MEETING, 5115197 26 to see the landscaping increased along the back side of the project. David Carpenter, representing PGA Marina, addressed the Council stating they are asking for what is already at the marina. Mr. Carpenter reviewed the petition and the waivers being requested. The Council requested the petitioner discuss remaining landscaping issues with staff to determine if there were viable solutions. Mr. Carpenter stated that the only remaining issue was the requirement for the building to be sprinkled, stating it was built when it was not required. The Council pointed out that it was a requirement and they wanted the building to be sprinkled. Mr. Straub, President of the company, addressed the City Council stating that the company got involved in this project 3 years ago when they purchased the property. Mr. Straub stated he was opposed to being required to sprinkling the building, feeling that it was not required for what they were petitioning the City for with the Planned Unit Development. Mr. Straub did not feel the City could require him to sprinkle the building. Mr. Straub stated that a third party should have to make this decision and not the Council, and stated that he felt the requirement was blackmail. In response to Councilwoman Monroe, Kim Glas stated that the Fire Marshal stated that they have been trying for several years to get the CITY COUNCIL REGULAR MEETING, 5115197 27 building sprinkled and because they were told it was just a temporary use they did not want to spend the money to sprinkle the building. Councilwoman Monroe stated she did not like the term temporary use and stated that there were many uses that were built as temporary and became permanent. Councilwoman Monroe felt that if the code required a building to be sprinkled then it should meet code. City Attorney Acton stated that the City may have a need to look at this project as to whether the fire code applied regardless of whether there was a PUD application. Attorney Acton stated that if the PUD application was withdrawn, Council needed to determine the permitted use of this site and whether the current uses were allowed to continue. CITY MANAGER REPORT Assistant City Manager Dunham stated that the Mayor asked him To express his concern with what happened at the park yesterday and asked that the coaches be handled appropriately. The Mayor was also concerned about the way the coaches are chosen and how much control the City had in choosing the coaches. The Mayor requested staff research this and staff would be reporting back to the City Council in the near future. Mr. Dunham stated staff met today regarding the telecommunications ordinance and are now in the process of amending the proposed ordinance and will meet one more time CITY COUNCIL REGULAR MEETING, 5115197 28 with industry representatives before coming back before the City Council with a proposed document. CITY ATTORNEY REPORT Attorney Acton stated that legal staff was in attendance at the telecommunications ordinance meeting and is now trying to get the draft from the consultant into the form used by the City. Councilwoman Monroe, referencing Ordinance 9, 1997, stated that since that ordinance did not get approval, the City was now in conflict with the Police Department. Councilwoman Monroe felt that parking on the streets should be prohibited altogether and asked Council members to consider this for a near future discussion. ITEMS FOR DISCUSSION PGA Shell Station Kim Glas, Acting Planning and Zoning Director, stated this petition was a request to rezone a 0.52 acre site from CG -1 General Commercial District, to a Planned Unit Development, with an underlying zoning of CG -1, to convert the existing gasoline station with two service bays into a "foodmart" and install four (4) new gas dispensers under a new canopy. The site is located on the northeast corner of Military Trail and PGA Boulevard. Ms. Glas stated that the petition had been reviewed by the City Council at a previous meeting, at which time the Council CITY COUNCIL REGULAR MEETING, 5/15/97 29 requested the petitioner to either meet code requirements or see what could be done to lessen the waiver. As a result the floor plan has been modified to increase the size of the office and utility storage, thereby reducing the convenience store area to 784 square feet. Ms. Glas stated that size was still in excess of the code requirement, which would allow 500 square feet, and the petition would still require a waiver. The Council stated no objections to the revised size of the proposed project. Staff was directed to prepare the necessary documentation for the Council's consideration. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:30 P. r' r� APPROVAL Way WJo§eph `R. Russo r % -- , Vice ,�J , ll c J��d_ c t?^ e Mayor Lauren Furtado �uncilwoffyft`ii tkui da Monroe co an -Eric Jablin Councilman David Clark CITY COUNCIL REGULAR MEETING, 5115197 Attest: Cindy Harvey,`beputy City Clerk 30