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HomeMy WebLinkAboutMinutes Council 060795CITY COUNCIL SPECIAL REGULAR MEETING CITY OF PALM BEACH GARDENS JUNE 7, 1995 The Special Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Russo at 7:30 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ROLL CALL The Deputy City Clerk called the roll and present were Mayor Russo, Vice Mayor Furtado, Councilwoman Monroe, Councilman Jablin and Councilman Clark. ANNOUNCEMENT OF PRIVATE SESSION Mayor Russo announced that the City Council would go into a private Attorney— Client session which would be attended by the Mayor and Council Members, City Attorney Tom Baird, and Assistant City Manager Greg Dunham, and at the conclusion of that meeting which was expected to last approximately 15 minutes that the Council would return to continue the special meeting. Mayor Russo announced that the private session did not relate to the subject of the special meeting but was in regard to litigation on another matter. Mayor Russo requested that in the absence of the City Council that the Frenchman's Creek CITY COUNCIL SPECIAL MEETING, 6/7/95 PAGE 2 residents choose one representative to cross examine witnesses. Upon return of the City Council, Mayor Russo called the meeting to order and announced that Councilman Clark had to leave the meeting but hoped to return at approximately 9 P.M. PUBLIC HEARINGS: RESOLUTION 36, 1995 and RESOLUTION 37, 1995 (Public Hearing, Recessed from Regular Meeting of 5/18/95). Mayor Russo called for any information received since the last meeting to update the participants. Planning and Zoning Director Richard Walton stated that subsequent to the last meeting that a letter had been received from L. Martin Hodgkins, Zoning Director of Palm Beach County, dated 6/5/95, which stated that review of the tapes from the County Site Plan and Appearance Review Committee had confirmed that the approval for the Yacht Club and Marina was for private facilities for the use of the residents of the PUD and that furthermore no commercial activities were permitted; and that the agent for the petitioner, Mr. Warren Newell, had acknowledged the limitations of the approval. Director Walton commented that this was in conflict with the position of the petitioner at the last meeting, and also in conflict with Mr. Hodgkin's previous letter which had been entered into the record. Director Walton stated that the orientation of the buildings was consistent with private use. Mayor Russo stated he would turn the hearing over to Attorney Royce who had been making his presentation when the public hearing was recessed at the last meeting. Attorney Royce commented CITY COUNCIL SPECIAL MEETING, 6/7/95 PAGE 3 that the letter from Mr. Hodgkins proved only that someone in 1987 had said the intent was private, but that no one had said that in 1973 when the project was approved or since. Mr. Royce stated that if that was what the County Commission wanted they could have written a condition to that effect, since County codes did not distinguish between public and private. Mr. Royce commented that a developer's intent did not constitute a government mandate and also took exception that the buildings were oriented to be private. Sara Lockhart was sworn in by Attorney Royce, and testified that she stood by her original report, that Palm Beach County's zoning code did not restrict any underlying PUD uses, and submitted into the record the certificate of occupancy for the restaurant which made no designation of private use. Yvonne Ziel, Traffic Consultant, was sworn in by Attorney Royce, stated her background, and explained traffic was not an issue for this project since the restaurant would generate less than 1% of today's traffic on Donald Ross Road and Frenchmen's Creek had been approved for many trips in excess of the number that would be generated. Ms. Ziel explained that traffic criteria made no distinction between a public or private restaurant, and that numbers were based on square footage. After discussion and after comments by City Engineer Lindahl which verified that traffic criteria must adhere to established guidelines, Mayor Russo remarked that the criteria was what must be considered by the City Council whether or not it bore any relation to what an individual might feel was the true picture. CITY COUNCIL SPECIAL MEE'T'ING, 6/7/95 PAGE 4 Councilwoman Monroe reported she had driven to one of the residences that day in order to get the view from inside the project and no conversation had transpired that would have affected her position. Mayor Russo reported that he had had a brief discussion with Attorney Royce over the fact that he might not be able to attend this meeting, but the merits of the case were not discussed. ADOLPH LOVLER Mr. Lovler, LeBateau Drive, read a statement into the record which expressed lack of concern in the previous meetings for the citizens living along the canal, reported that Mr. Benerofe and representatives of the residents had met and reviewed revised plans, however, no agreement had been reached because the residents did not agree to outdoor seating or illuminated signage. ABRAHAM GERBER Mr. Gerber, a resident of Frenchmen's Creek, questioned why the traffic situation had been reviewed, and whether the incremental increase along with the Abacoa project had been considered. Ms. Ziel explained that traffic review was standard procedure; that the Abacoa project would have been considered only if it had been previously approved and expected to go on line before the restaurant at Frenchmen's Creek; and that the impact on traffic resulting from additional raising and lowering of the Donald Ross Bridge because of possible increased boat traffic was not considered since it was not standard procedure, but agreed there would be an impact. Ms. Lockhart responded to Mr. Gerber that representations by the developer to prospective purchasers had not been considered in her review, however, legislative records had been reviewed and no CITY COUNCIL SPECIAL MEETING, 6/7/95 PAGE 5 record of an original intent for the restaurant to be private had been found. MITCHELL BENEROFE Mr. Benerofe questioned Mr. Gerber's comment regarding possible boat traffic and suggested that boat traffic would not increase as a result of the restaurant. As a result of questions by Attorney Royce which questioned implications, Mr. Gerber clarified that his comments had been made to determine whether sufficient studies had been done and he had concluded they were not sufficient, and stated he had merely asked questions. Mayor Russo cautioned that the City Council's decision would be based upon facts rather than emotions. JULIO DUMAS Mr. Dumas, a resident of 14081 Leeward Way, clarified for the record that he was acting as a private citizen and was not representing anyone although his occupation was a professional planner employed by Palm Beach County. Mr. Dumas provided his background and credentials and explained he had acted as consultant and been involved in the Frenchmen's Creek project beginning in the fall of 1985. Mr. Dumas reviewed the history of the original project and subsequent amendments and stated representatives of the development had represented to the County that the restaurant facility would be private. Mr. Dumas requested that a letter he had received from Elizabeth Miller who had been in charge of the Administrative Process for the County be entered into the record after his presentation; and discussed impacts, including traffic, which would result from changing the original private club use to a public restaurant use. Mr. Dumas objected to the change in use which he stated he believed would CITY COUNCIL SPECIAL MEETING, 6/7/95 PAGE 6 be inconsistent with the surrounding property and would have excessive and injurious impacts. After Mr. Dumas had answered questions from City Council members and was cross examined by Attorney Royce, questions of underlying zoning were discussed. ROBERT MAAS Mr. Maas, resident of LeBateau Drive, expressed concern over the impact on the security of Frenchmen's Creek by allowing the public to enter their gated community via boat. Ms. Lockhart clarified that under the 1973 Zoning code, which was in effect until 1990, in commercial areas within PUDs uses were allowed by right, and that latitude was available under those old PUDs to go back through the review process to add commercial facilities. Ms. Lockhart further reviewed the project plan. Mr. Dumas entered into the record and also reviewed the latest right —of- way status of Prosperity Farms Road issued by Palm Beach County Engineering, Attorney Royce stated he had just seen a letter dated June 6 from Elizabeth Miller and that it contained misstatements as to the code, reached erroneous conclusions, and was hearsay, and objected to its submittal into the record. Attorney Royce stated that to the extent that additional right of way was necessary for Prosperity Farms Road, his client was agreeable to providing that right of way, and that Donald Ross Road discussions were irrelevant to this discussion. Upon advise of the City Attorney, Mayor Russo entered into the record the letter from Elizabeth Miller to Mr. Dumas dated June 6. City CITY COUNCIL SPECIAL MEETING, 6/7/95 PAGE 7 Attorney Baird clarified that the documents which had been entered into the record were: June 7, 1995 memo from Attorney Baird to City Manager Bobbie Herakovich regarding consistency of the Frenchmen's Creek proposed change in the use of the City's Comprehensive Plan; June 7 memo from Chief of Police James FitzGerald to City Manager Herakovich regarding traffic accident study; June 6, 1995 letter to Mr. Dumas from Ms. Miller; May 19, 1995 memo to Mayor and City Council from Planning & Zoning staff regarding meeting date of May 18,1995; October 12, 1994 letter from Richard Walton to Mr. J. Thomas Beck, Chief of Bureau of State Planning, Department of Community Affairs; June 6, 1995 letter from L. Martin Hodgkins to Richard Walton; Palm Beach County Interoffice Communication dated May 6, 1995 to Commissioner Marcus through George T. Webb through Edmund Jack and through Ronald Krone from Emilio Fernandez regarding Prosperity Farms Road from PGA Boulevard to Donald Ross Road; staff report dated June 6, 1995 to which the letter from L. Martin Hodgkins was attached; DRI assessment report; and ADA for Frenchmen's Creek. Mr. Royce requested time to review certain documents that he had not seen before the meeting. Mr. Mitchell Benerofe, owner of the restaurant property, submitted the following items to be entered into the record: food inspection report dated August 21, 1990, signed by Palm Beach County Public Health Unit which approved opening a 165 -seat restaurant; certificate of occupancy issued on January 24, 1991 by the City of Palm Beach Gardens for CITY COUNCIL SPECIAL MEETING, 6/7195 PAGE 8 a restaurant /commercial building at the subject location; stipulation settlement between Frenchmen's Creek and Haft — Gaines Associates which provided for Haft — Gaines Associates to pay a significant sum of money for the yacht club property and to operate that property in accordance with covenants and restrictions which clearly contemplated a public restaurant facility; letter from Frenchmen's Creek POA dated July 30, 1993 approving the restaurant use on behalf of the POA; letter from Attorney Paul Bradshaw dated 9/15/94; letter dated 11/21/94 from Michael Busha of TCRPC; letter from Marty Hodgkins, staff memo to Mayor and City Council dated 3/6/95; two newspaper articles dated 4/7/95 and 3/29/95. Mr. Benerofe stated that he had diligently tried to reach a compromise with the Frenchmen's Creek residents which would address their concerns and that his efforts had failed. Attorney Royce reviewed Ms. Lockhart's expert testimony from the prior meeting which had been that the proposed land use change was consistent with the City's comprehensive plan; and stated that to his knowledge the City Council had not previously taken away a property owner's right to operate a restaurant in a commercial category; summarized other testimony; requested that this be treated similar to PGA National; and urged the City Council to vote to approve this Resolution. LINDA HUGHEY Ms. Hughey, Reed Drive, stated processes were in place for security and traffic, and questioned whether the residents would agree to Mr. Benerofe having a private restaurant with him controlling the membership. CITY COUNCIL SPECIAL MEETING, 6/7/95 PAGE 9 ADOLPH LOVLER Adolph Lovler requested that Mr. Benerofe answer additional questions, however, Mayor Russo objected. Mayor Russo declared the Public Hearing closed, and stated that the City Council's decision must be based upon the facts and issues that were presented to them, which he believed to be a policy decision and compatibility issue. Vice Mayor Furtado commented that her focus was basically the public health, safety, and welfare aspect of the issue and did not believed approval would be in the best interest of the Frenchmen's Creek Community. Councilwoman Monroe described her Planning and Zoning experience which she used in dealing with those types of issues in regard to this matter, disagreed that a restaurant was compatible with surrounding use, commented on various other issues which had been raised, and stated that she did not favor approval of this Resolution. Councilman Jablin stated that he was not in favor of this Resolution and that he did not believe a public restaurant use was consistent with the Comprehensive Plan. Mayor Russo commented that he had not relied on any of the petitions presented or upon the stipulation agreement between the property owner's association and Mr. Benerofe, that he believed that the intent had always been for a private facility, and that the issue was compatibility of use. Mayor Russo stated he did not believe the use was compatible. Motion was made by Councilwoman Monroe to deny Resolution 36, 1995, Consideration of Amendment to the Frenchmen's Creek DRI Development Order. Motion was CITY COUNCIL SPECIAL MEETING, 6/7/95 PAGE 10 seconded by Vice Mayor Furtado. Motion passed 4 -0. Motion was made by Councilman Jablin to deny Resolution 37, 1995, Consideration of Amendment to the Frenchmen's Creek PCD to Allow a Public Restaurant Instead of a Private Club. Motion was seconded by Vice Mayor Furtado. Motion passed 4 -0. ADJOURNMENT There being no further business to discuss, motion was made by Councilwoman Monroe, seconded by Councilman Jablin, and unanimously approved to adjourn the meeting at 10:31 P.M. APPROVAL MAYOR JOE RUSSO C-W' C) I:Z�fK VICE MAYOR LAUREN FURTADO COrfJNCI OMA A MONROE COeIL�MAN ERIC J IN COUNCILMAN DAVID CLARK ATTEST: CINDY HARVEY, DEPUTY CITY Y CILLERK