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
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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
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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
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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
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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
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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
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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
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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
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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
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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