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CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JULY 2, 1992
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order at 8:00
P.M. by Mayor Martino 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 Martino, Vice Mayor Russo, Councilman Aldred,
Councilwoman Monroe and Councilman Kiselewski.
ANNOUNCEMENTS Mayor Martino stated the announcements were as posted on
the Bulletin Boards.
ITEMS BY THE
CITY MANAGER
WASTE MANAGEMENT
Per the City Manager's recommendation, the City Council
directed Attorney Brant to draft an ordinance to consider
an amendment to the Solid Waste and Recycling Collection
Agreement between the City of Palm Beach Gardens and Waste
Management, Inc. of Florida to be consistent with the
City's Charter.
BUDGET MEETINGS In response to the City Manager, Councilman Aldred stated
he would not be in attendance at the July 13, 1992 or the
July 20, 1992 Budget Meetings. The City Manager stated
the second Budget Meeting will be held July 20, 1992.
CITY COUNCIL REGULAR MEETING, 7/2/92
--x EMS BY THE
MAYOR AND COUNCIL
PAGE 2
MAYOR MARTINO Mayor Martino reported he delivered the letter to the
County as discussed at the last meeting re: Jog Road.
COUNCILWOMAN MONROE Councilwoman Monroe reported inspecting the landscaping at
the Surgicenter and felt there was a problem with the
City's procedures. Councilwoman Monroe stated the
approved landscaping plan does not indicate what plants
belong where and the hedge material noted is not the size
specified on the plan. Councilwoman Monroe recommended
staff make a recommendation for Council's consideration,
that the new Landscape Code include language re: planting
procedures.
Councilwoman Monroe reported the Board of County
Commissioners was supportive of the Council's request for
a change to the Checker's site on Northlake Blvd.,
however, there was some confusion as to what the Council
really wanted, the stucco and the style or the Wellington
site style. Councilwoman Monroe stated the BCC postponed
action on this item. Councilwoman requested staff find
out what the Wellington store looks like and then the
Council should forward a letter to the BCC indicating
their desire.
COUNCILMAN
KISELEWSKI Councilman Kiselewski reported attending the MPO meeting
last week. Councilman Kiselewski reported the MPO will be
looking for a way to coordinate the Council through an
CITY COUNCIL REGULAR MEETING, 7/2/92
PAGE 3
Executive Director and /or an outside firm to coordinate
all the MPO's throughout the state.
Councilman Kiselewski reported on his visit to Russia and
how the people are reacting to the change in government.
MUNICIPAL LEAGUE
Mayor Martino reported the municipal planners unveiled
their intergovernmental process plan and so far the
reviews have been positive. The plan will be presented to
the BCC on 7/14/92.
CONSENT AGENDA Vice Mayor Russo pulled Item #4, Resolution 56, 1992 from
the Consent Agenda.
Councilman Aldred made a motion; seconded by Councilwoman
Monroe, to approve the following items on the Consent
Agenda:
1. Approval of Minutes of 6/18/92 Regular Meeting.
2. Approval of Minutes of 6/25/92 Workshop Meeting.
3. Resolution 55, 1992 - Authorizing and directing the
City Manager to file an application requesting the
portion of the Palm Beach County Emergency Medical
Services Surcharge Award Program funds to which the
City may be entitled.
The motion was unanimously approved by the City Council.
RESOLUTIONS
RESOLUTION
bb, 199T— After clarification by Attorney Brant of the intent
Resolution 56, 1992, Vice Mayor Russo made a motion,
seconded by Councilman Kiselewski, to approve Resolution
561 1992, supporting a cooperative effort of Government
entities to amend Florida's Sunshine Law to permit
confidential and private meetings between elected
CITY COUNCIL REGULAR MEETING, 7/2/92 PAGE 4
officials and their legal advisors. The motion was
unanimously approved by the City Council.
RESOLUTION
b3, 1997— Attorney Brant stated the purpose of Resolution 53, 1992,
Repealing Resolution 51, 1990, re: Frenchman's Creek DRI,
was to ratify and adopt the DRI previously enacted by the
County. Attorney Brant stated Resolution 51, 1990,
adopted the Master Site Plan of Frenchman's Creek,
approved by the BCC on October 25, 1988, however, the
County did not submit the 1988 amendment to the 1973 Plan
to the DCA. Attorney Brant stated Resolution 53, 1992
will bring the City into total compliance with the minimum
administrative detail for DCA. Attorney Brant stated the
next step would be for the Council to do whatever
necessary to process the update of the Plan in
satisfaction with DCA's requirements.
Per a consensus of the City Council, Resolution 53, 1992,
was amended as follows:
1. Create a new Section 1 to read "The City Council
hereby repeals Resolution 51, 1990, which heretofore
approved the DRI of Frenchman's Creek."
2. Re- number sections accordingly.
Councilman Kiselewski made a motion, seconded by
Councilman Aldred, to approved Resolution 53, 1992, as
amended. The motion was unanimously approved by the City
Council.
CITY COUNCIL REGULAR MEETING, 712/92
PAGE 5
R-ESOLUTION
54F 1997— Bristol Ellington, Planning and Zoning Department,
addressed the City Council stating this is a request to
amend the PUD approved for Parcel M -30 within PGA
National, to allow for the redesign of the approved entry
signs at the entrances to the three (3) communities within
M -30. Mr. Ellington stated the original ground sign was
approximately 5' in height by 615" in width, with 4' x 4'
tile used for the sign face. Mr. Ellington stated an
entry wall sign was constructed at the entrance to pod "A"
which was not consistent with the plan approved by the
City Council. The sign is larger in size, dimensioned at
6' in height and 10' in width, with 816" long stepped-
down flanking walls on either side. In addition, the sign
face is constructed of coquina stone instead of the
approved tile. The petitioner is requesting approval of
the existing sign at the entrance to pod "A ", as well as,
similar designs for the entrances to pods "B" and 'C ",
which would be slightly smaller. Mr. Ellington stated
Jack Hanson, Building Official, indicated the signs are in
compliance with Code and City Forester, has reviewed the
plans and has no concerns.
Mr. Ellington stated in addition to the above request, the
Petitioner is also requesting to amend the amenity
feature approved within the traffic rotary at the
intersection of Championship Drive and Championship Trace.
The approved plans identified a fountain in this rotary,
CITY COUNCIL REGULAR MEETING, 712/92 PAGE 6
however, the petitioner is requesting to amend the PUD to
allow for this area to be landscaped. In response to
Councilman Kiselewski, Mr. Ellington stated the only pod
which has been developed is "A" (The Masters).
In response to Councilwoman Monroe, Laurie Schwab stated
approximately 45 lots have been sold in pod "A ".
The Council expressed concerned with the landowners having
purchased their lots and being told the area in question
would have a fountain and now the petitioner is requesting
an amendment without having notified the landowners. Per
a consensus of the Council, the Petitioner was directed to
forward a certified, return receipt letter to each
landowner indicating the proposed amendment to this area
and to include in the letter a ballot for each landowner
to complete stating they are "in favor" or "not in favor"
of the proposed amendment and also include a self -
addressed, stamped, return envelope to the City Clerk's
office for the landowner to return the ballot by August
15, 1992. This item will be heard by the City Council on
August 20, 1992. .
There was a consensus of the City Council to amend
Resolution 54, 1992, to approve only the signage issue and
schedule for the Consent Agenda for the July 16, 1992
Regular Meeting. The amenity feature issue will be a
separate resolution to be considered at the August 20,
1992 Regular Meeting.
CITY COUNCIL REGULAR MEETING. 7/2/92
ITEMS FOR
=USSION
PAGE 7
The City Council requested a report from staff on how the
sign got constructed without prior approval for
amendments.
LAKE CATHERINE
STEM Bristol Ellington, Planing and Zoning Department,
addressed the City Council regarding the petition of the
Lake Catherine Property Owners Association, Inc. to amend
the Lake Catherine PUD adopted by Ordinance 20, 1989, to
permit an electronically- operated gate system east of the
intersection of Lake Catherine Drive and Silverthorne
Road. Proposed set back is approximately 50' from the
edge of the Silverthorne Road pavement. Mr. Ellington
stated Lake Catherine was approved for 298 units, 98 of
which are single- family zero lot line homes and 200 multi-
family four -plex patio homes. Mr. Ellington stated the
concern is there are non - resident vehicles using MacArthur
Blvd. as a shortcut to Silverthorne and vice -versa and
complaints have been received from the residents to that
effect. Mr. Ellington stated per staff's recommendation,
Petitioner is identifying a 21x 3' sign on the existing
wall at the entrance off Silverthorne Road, indicating
that the main entrance and access would be from MacArthur
Blvd. The Planning and Zoning Commission further
recommended that a sign be installed within the interior
of the development at the intersection of Lake Catherine
CITY COUNCIL REGULAR MEETING, 7/2/92
PAGE 8
Drive and Ridgewood Court, notifying motorists there is no
outlet and allowing them to turn around.
Councilman Kiselewski recommended placing a sign at the
entrance to the development on MacArthur Blvd. notifying
motorists there is no outlet. Mr. Ellington stated that
could be included as a condition in the ordinance.
Mr. Ellington stated the gate system will consist of two
gates, each being 6' in height and 14' wide. The picket
style gate system will be constructed of white aluminum
and per the Planning and Zoning Commission's
recommendation, the exit gate will swing out of the
development and the entrance gate will swing into the
development. The gates will be activated by a remote
control transmitter. The Petitioner also proposes a 36'
wide black chain link pedestrian gate at the sidewalk on
Lake Catherine Blvd. Each resident will be given a key
because the gate will be padlocked. Mr. Ellington stated
all Departments have reviewed the project and had no
concerns and indicated it was in compliance with the City
Codes.
In response to the City Council's concerns re: padlocking
the gates, William Shannon, agent for Petitioner, stated
the reason for the padlocked gates is there have been
complaints from the residents of children coming through
the subdivision and trash and debris being thrown
throughout the development.
CITY COUNCIL REGULAR MEETING, 712192 PAGE 9
Mr. Ellington stated the Planning and Zoning Commission
recommended the fence be screened in its entirety per Mark
Hendrickson's recommendation.
William Shannon, representing the Lake Catherine Property
Owners Association, Inc., stated there are two separate
homeowner's associations besides the property owner's
association of Lake Catherine. Mr. Shannon stated the
Sunterrace Homeowner's Association contains 200 residents
and it was at the urging of these residents this petition
was brought forward. Mr. Shannon stated in the Bedford
Homeowner's Association, 30 of the units have been closed
and transferred to the residents and 60 units are held by
the developer at this time. Mr. Shannon reviewed the plan
for the gate system and indicated they will install the
ficus hedge as recommended by the City Forester. Mr.
Shannon stated, with respect to the pedestrian gates, the
residents are concerned not only with thru traffic, but
also vandalism and debris. Mr. Shannon stated the
Sunterrace Association president's main concern is that
every morning there are bags of debris throughout the
development and believes the locked gates will prevent
this from happening.
In response to Mayor Martino, Mr. Shannon stated this will
continue to be an egress point, however, outsiders will
not be able to enter.
The City Council expressed concern with the pedestrian
CITY COUNCIL REGULAR MEETING, 7/2/92
PAGE 10
gates being padlocked and the stacking distance at the
turnaround and requested the Petitioner look at modifying
the plan to provide for a turn around area on both sides
of the gates; providing a manual override system for the
gate should the power go out or the gates being
vandalized; and keeping the gates open should they be
broken. The Council requested a sign -off from the
residents around the gate area stating they are in
agreement with this proposal.
Mr. Shannon stated the sign -off by the residents could be
accomplished by providing a certified copy of the minutes
of the Association approving the gate system.
Attorney Brant was directed to prepare an Ordinance
amending the PUD.
COMFORT INN Bristol Ellington, Planning and Zoning Department,
addressed the City Council stating there is a request for
a 800 square foot swimming pool and associated pool deck.
The Petitioner is also requesting to modify the former
bank. They are requesting to convert the bank into a
meeting facility ancillary to the hotel. Per Resolution
78A, 1991, the petitioner received a time extension for
the remodeling of the bank facility to be consistent
architecturally with the hotel. At the March 5, 1992 City
Council meeting, the Petitioner indicated the building
would be renovated shortly after approval by the City
Council, but did not anticipate commencing with the
CITY COUNCIL REGULAR MEETING, 7/2/92 PAGE 11
construction of the pool facility for 18 to 24 months. At
this same meeting, staff raised concern with the adequacy
of parking. The original PUD was approved with 104
parking spaces, however, to accommodate the pool, it will
require the elimination of 6 parking spaces. Code
requirements are 92 spaces for the hotel, thus staff
recommended that the meeting facility be for hotel guests
only. The City Engineer, David Getz, concurred with
staff's recommendation. Mr. Ellington stated the other
concern of the Council was whether the Unity of Title had
been recorded per the adopting Ordinance, which has been
completed. Petitioner was directed to provide the City
with an executed document prior to proceeding with further
review. Staff received the document on 6/8/92 and
submitted it to Attorney Brant for review and, if
sufficient, for recording. The Petitioner also provided a
narrative explaining their position on the adequacy of the
parking and responded to concerns that were raised earlier
by the Police Department. The Police Department has
reviewed the revised plans and signed off on them. Mark
Hendrickson noted that while it was approved with the
original PUD, there are 3 existing parking spaces along
U.S. Highway One that are within the required 15'
landscape buffer strip.
In response to Mayor Martino, Attorney Brant stated the
Unity of Title was in order.
CITY COUNCIL REGULAR MEETING, 7/2192
PAGE 12
Donaldson Hearing, agent for Devitt - Tolley Partnership,
addressed the City Council stating they wish to utilize
the bank building for a variety of different types of
meetings generally ancillary to the hotel and felt the 98
parking spaces that would be provided would be adequate.
Councilman Kiselewski expressed concern that the bank
building will be used by people who are not staying at the
hotel.
Attorney Brant stated the use of the bank building must be
an accessory use to the hotel facility.
There was a consensus of the City Council for Attorney
Brant to prepare an Ordinance for an amendment to the PUD.
PALM BEACH GARDENS
Y,SINESS PARK Bristol Ellington, Planning and Zoning Department,
addressed the City Council stating Petitioner is
requesting site plan approval for 34,240 square feet of
office /warehouse space and 105,450 square feet of self -
storage space with a 1,800 square foot security office.
This is a 9.04 acre site located on the north side of
Burns Road immediately west of Interstate 95. Mr.
Ellington stated this property is zoned M -1, Research and
Light Industrial Park and is bounded on the north by
vacant property owned by the City zoned RM, Residential
Multiple- Family, and bounded on the west by Klock
Industries, zoned M -1. Mr. Ellington stated Petitioner is
proposing two (2) buildings, each 17,120 square feet,
fronting on Burns Road and devoted to office /warehouse
CITY COUNCIL REGULAR MEETING, 7/2/92
PAGE 13
space. The site plan identifies a minimum of 15
office /warehouse bays (20' x 50' minimum) per building.
To the north of the two buildings, the Petitioner is
proposing five (5) buildings, totalling 105,450 square
feet, for self - storage and on top of Building C, they are
proposing a second story security office totalling 1,800
square feet, which would be living quarters for an on-
campus security guard. Mr. Ellington stated Building D, E
and F would be 11' in height, Building C would be 14' in
height, with the second story being 2516" and the building
adjacent to I -95 will be 16' in height. The maximum
height allowed in the M -1 District is 501. Mr. Ellington
stated the petition is in compliance with all density
control requirements. Mr. Ellington stated, per Section
159.089(A)(h) of the City's Zoning Code, the petitioner is
allowed to have retail and consumer service
establishments, accessory to the permitted use, at 5% of
the total floor area of all buildings on any lot or group
of contiguous lots in common ownership or control. The
Petitioner is proposing to provide accessory retail and
consumer business within Buildings A and B, which would
total 7,075 square feet. Mr. Ellington stated 1,485
square feet would be used as office and the balance of
25,680 square feet would be used as warehouse use. Mr.
Ellington stated that Traffic Consultant, Yvonne Ziel,
indicated the petitioner is consistent with the ITE manual
CITY COUNCIL REGULAR MEETING, 7/2/92
PAGE 14
for business park category and indicates that the project
meets both the City's and County's Traffic Performance
Standards Ordinances. Ms. Ziel noted that in order to
control the square footage and the limits of the mix of
uses within the building, they should be delineated on the
site plan. Mr. Ellington stated the Site Plan and
Appearance Review Committee recommended the square footage
for each use be depicted on the site plan, however, the
committee raised a concern with the difficulty of
monitoring the mix of uses on the site. Mr. Ellington
stated in order to secure the self - storage area, the
petitioner is proposing to install an S' chain -link fence
with barbed wire along the top of the fence. Building
Official, Jack Hanson, indicated that while barbed wire is
not prohibited in the Zoning District, he recommends the
Petitioner justify why barbed wire is necessary. Mr.
Ellington stated the required parking is 212 spaces, with
100 spaces being required for the office /warehouse and
accessory retail uses, and 105 spaces for the self -
storage use and 7 spaces for the security office. The
parking calculations were based on the security office,
accessory retail and office uses based on the City's
Business Office calculations of one parking space for each
300 square feet of gross floor area, plus one space for
each occupant or employee. The Petitioners indicated they
would be providing 119 parking spaces for the
CITY COUNCIL REGULAR MEETING, 7/2/92 PAGE 15
office /warehouse and accessory retail uses and the balance
of 99 spaces would be provided with the gated storage
area. Of the 99 spaces, 86 spaces are proposed as
parallel spaces. The Petitioner would be providing a
drive aisle as required by Fire Code. The parking spaces
are dimensioned at 10' x 201, except for the spaces which
front on Burns Road and in the back of Building B, which
will be 10' x 181. The Petitioner is proposing to provide
2 loading spaces as required by Code. Mr. Ellington
stated the Petitioner is identifying the sign location at
the most western entrance and the elevations identified
the location for signs over each doorway for the bays for
Buildings A and B. The Petitioner indicated they will
return to the City for approval of the sign package. The
Site Plan Appearance and Review Committee required that
the sign package be approved prior to the issuance of the
initial building permit. Mr. Ellington stated City
Forester Mark Hendrickson, has reviewed the proposed
landscape plan and indicated the plan exceeded the minimum
Landscape Code requirements for the interior and
perimeter, however, he notes that the required 20 square
feet of landscape area for each parking space is not
provided in the parking areas between the self - storage
buildings. As provided in Section 153.21(C)of the
Landscape Code, landscaping for units of 12 parking spaces
may be reduced by 100 square feet providing the reduced
CITY COUNCIL REGULAR MEETING, 7/2/92
PAGE 16
-- square footage is relocated so as to emphasize entrance
corridors or special landscaped areas within the general
parking area. The Petitioner is proposing to heavily
landscape the south side of Building C and exceed the Code
requirement for perimeter landscaping along Burns Road and
the east property line by 200. Mr. Ellington stated the
City Engineer, David Getz, indicated the property owned by
the city to the north needs to have legal positive outfall
to Burns Road. The Petitioner has revised the site plan
to reflect a 15' drainage easement along the western
property line. Mr. Getz is recommending that prior to
final approval, the proper legal instrument be prepared
and recorded. Mr. Ellington stated at its June 9, 1992
meeting, the Site Plan and Appearance Review Committee
recommended approval of the petition with 17 conditions
and there are 2 additional conditions recommended by
staff. Mr. Ellington stated the plan identifies a
security office that was changed and the Petitioner wishes
to discuss this tonight.
Councilwoman Monroe stated if the Code does not allow on
site security at this time, she felt it should be amended
to allow it.
Attorney Brant stated such use is permitted on a mobile
basis. If there are sleeping facilities in the security
office, the city's codes do not technically prohibit it.
In response to Councilman Kiselewski, Mr. Ellington stated
CITY COUNCIL REGULAR MEETING, 7/2/92
lot coverage is based only on buildings.
PAGE 17
Steve Mathison, agent for Petitioner, addressed the City
Council and reviewed the proposed site plan.
Jeff Blakley, Landscape Architect, addressed the City
Council and reviewed the proposed landscape plan.
Councilwoman Monroe requested staff have the City Engineer
confirm that the water retention areas on Petitioner's
property is going to be similar to that of the MacArthur
Foundation and the City Recreation Department.
Jeff Irvani, Project Engineer, addressed the City Council
stating the area being discussed is not a dry retention
area, but a dry detention area.
Mr. Mathison stated, based upon the City Engineer's
request, the Petitioner has agreed to dedicate to the City
a 12' strip along the western perimeter of the property.
In response to Mayor Martino, Mr. Mathison stated there
will not be any outside storage of boats, trailers, RV's,
etc.
George Kelly, representing Burns Road Associates, Inc.,
addressed the City Council stating re: the self- storage
area, they prohibit any uses whatsoever other than dead
storage. Mr. Kelly stated the facilities are not equipped
with electricity or water and no automotive uses are
allowed.
There was a consensus of the City Council to have a
condition stating there will be no work performed outside
CITY COUNCIL REGULAR MEETING, 7/2/92
of the units.
PAGE 18
There was a consensus of the City Council to not allow
barbed wire along the fence.
The City Council expressed concern regarding the need for
3 curb cuts along Burns Road, and requested Petitioner
confer with Mr. Getz re: traffic impact if the middle
entrance was eliminated and the eastern entrance was
expanded to provide a left -hand and right -hand exit.
The City Council requested staff provide an aerial of the
site at the next meeting.
In response to Councilman Kiselewski, Mr. Kelly submitted
a sample of the architectural block proposed to be used on
the building. Mr. Kelly stated the block would be used on
the southerly elevations of Buildings A and B and on all
of the easterly and westerly elevations, as well as some
of the interior elevations.
Councilwoman Monroe requested a rendering of the
elevations of Buildings A and B showing the height and
location of the trees before the next meeting.
Councilwoman Monroe expressed her preference for an earth
tone color for the roof, instead of the proposed blue.
Mayor Martino stated the Site Plan needed to reference the
color chips and numbers and approximate location, before
this project is approved.
In response to Mr. Mathison, Councilman Kiselewski stated
the sign package does not have to be reviewed by the
CITY COUNCIL REGULAR MEETING, 7/2%92 PAGE 19
-� Council, but needs to be in compliance with the Code.
Mayor Martino stated he wanted to know what the color
scheme of the sign package would be before consideration
of approval.
The Council requested Petitioner look into moving the
eastern building back in line with the other building and
provide more green space in front.
Vice Mayor Russo expressed concern with allowing 5% retail
in this project.
The Council requested Attorney Brant's interpretation of
Section 159.089 of the Code.
Attorney Brant stated Mr. Mathison has agreed to a
condition requiring a Unity of Title.
In response to Mr. Ellington, the Council requested the
Petitioner revise the Site Plan to reflect the concerns
raised and conditions recommended by the Committee.
The Council directed staff to consult with the City
Engineer regarding the proposed drainage easement as it
relates to Condition #3.
Mr. Mathison requested further discussion regarding the
apartment issue.
In response to Councilwoman Monroe, Mr. Kelly thought they
would be able to submit the plans for permitting within 4
- 6 weeks after approval and the construction of Phase I
would be 4 - 6 months.
In response to Councilwoman Monroe, Mr. Kelly stated they
CITY COUNCIL REGULAR MEETING. 7/2/92
PAGE 20
are anticipating constructing the rear portion first and
filling in the front after that.
Councilwoman Monroe expressed concern with the rear
portion first and if that is done, she would like to see a
Phase I landscaping plan that could be supplemented later
with Phase II.
Council directed staff to prepare a resolution for
workshop and consideration for approval for the next City
Council meeting.
Councilwoman Monroe requested elevations of the first long
building.
ADJOURNMENT There being no further business to discuss, the meeting
was adjourned at 10:55.
CITY COUNCIL REGULAR MEETING, 712192 PAGE 21
APPROVAL
MAYOR MARTINO
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DEPUTY CITY CLERK
COUNCILMAN ALDRED v
COUNCILWOMAN MONROE
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