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HomeMy WebLinkAboutMinutes Council 060178REGULAR MEETING CITY OF PALM BEACH GARDENS JUNE 1, 1978 The Regular Meeting of the City Council of Palm Beach Gardens was called to order by Mayor Kiedis at 8:00 P.M. in the Assembly Room, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ROLL CALL: Roll was called by the City Clerk and present were: Mayor Kiedis, Vice Mayor Laurie, Councilman Feeney, Councilman Martino, and Councilman Aldred. Attorney Brant was in attendance. MINUTES: The Minutes of the Workshop Meeting of May 25, 1978 were unanimously approved by the Council. ANNOUNCEMENTS: Mayor Kiedis announced that registration for the Summer Program for residents would be held Monday, June 12, 1978 at 10:00 A.M. at Plant Drive and that the week of June 12th has been declared "Fun In The Sun Week ". COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA: Mr. Tom Vreeland, representing the Fire Department, addressed the Council, advising that the City's first fire station located on Keating Drive, is available, and it is their wish to restore it for use as a museum; however they do not have a place to locate the building. Mr. Vreeland presented a drawing made by Tom Snyder of the proposed restored station; the building being 24' x 40' deep. The Council concurred that they would like to preserve the first fire station, and will determine where it could be placed. Mr. Vreeland will provide what will be needed in terms of a slab etc. Regular Meeting, June 1, 1978 Page 2 RESOLUTIONS: Resolution 34, 1978, by unanimous vote of the Council, was read RESOLUTION 34 in full by the City Clerk, reappointing an alternate member to 1978: the Zoning Board of Appeals and inserting the name Donald Kiselewski in Section 1. Resolution 34, 1978 was unanimously adopted by the Council. RESOLUTION 35 Resolution 35, 1978, by unanimous vote of the Council, was read 1978: in full by the City Clerk, reappointing members to the Site Plan and Appearance Review Committee and inserting the names Arthur Nelson and Hilmy Adeeb in Section 1. Resolution 35, 1978 was unanimously adopted by the Council. RESOLUTION 36_ The City Manager, John L. Orr, explained the reason for 1978: consideration of Resolution 36, 1978, opposing the approval by the County of Palm Beach of the Cinnamon Project located on the north side of PGA Blvd. between Florida Turnpike and Military Trail, was that the City would feel the total impact without receiving any benefits, and that the Council felt it should be annexed into the City to accomplish the intent of the Comprehensive Planning Act, that was mandated by the State. By unanimous vote of the Council, Resolution 36, 1978 was read in full by the City Clerk and unanimously adopted by the Council. Councilman Feeney commented that if annexation does not occur it may cause the Council to seriously consider the denial of all services or use of facilities within the City by people living in unincorporated areas who do not pay taxes or contribute to the financing of those services. CARS PARKED_ Councilman Martino remarked that he had observed cars parked ON CIRCULAR DRIVE: on the circular drive in front of the City Hall, and urged the citizens to use the several parking lots provided, to leave the circular drive free for emergency reasons. Regular Meeting, June 1, 1978 Page 3 ORDINANCES: Mayor Kiedis reconvened the Public Hearing held on May 18, 1978 ORDINANCE 7, on Ordinance 7, 1978 the creation of a Planned Unit Development 1978: within Section 10 -42 -43 on a petition from Mr. R. G. Harris. The Council confirmed that the plans were in order. No comments were heard from members of the audience. The City Cleric read into the record a letter from Howard Searcy, Engineer, recommending approval for the construction of Sandtree Blvd. Mayor Kiedis declared the Public Hearing closed. Ordinance 7, 1978 was read in full, on second reading, by the City Clerk on a unanimous vote of the Council. Ordinance 7, 1978 was unanimously adopted by the Council. Councilman Martino expressed to Mr. Harris that he has an opportunity to represent the City on that side of Northlake Blvd. and to improve the situation in that area with a quality was project, so it /up to him to maintain the quality and integrity in that project that he has deliberated here and proposed to haw. ORDINANCE 13, Ordinance 13, 1978 adopting the Southern Standard Building Code, 1978: the Plumbing Code, the Mechanical Code and the Electrical Code by reference was read on first reading, by title only, by the City Clerk by unanimous vote of the Council. Ordinance 13, 1978 will be workshopped on June 15, 1978 and second reading and a Public Hearing will be held on July 5, 1978. ORDINANCE 14, Mayor Kiedis stated that Ordinance 14, 1978 was initiated by Councilman 1978: Feeney in imposing a moratorium on the issuance of all building permits in all R -3 high density residential zoning, and asked Councilman Feeney to reiterate the reasons for same. Councilman Feeney explained that there were two ordinances for consideration: Ordinance 14, 1978 which deals with the moratorium specifically for R-3 Regular Meeting, June 1, 1978 Page 4 and Ordinance 15, 1978 that has been prepared at the request of the City Manager, which in essence places a moratorium on all building within the City ... of Palm Beach Gardens that is in conflict with the City's Land Use Plan and General Development Plan as was adopted several years ago. He stated it was a question of whether or not the Council should consider total building moratorium in the City in those areas where there is a conflict with the General Land Use Plan, as opposed to the original offering that he made to put a moratorium on just the R -3 zoning. He reiterated that his purpose for the moratorium request on the R -3 zoning was because of the physiological, sociological and emotional impact on current residents and future residents of the City as pertains to 22 living units per acre, and to allow a period of 90 days to undertake a study to determine if we wanted to decrease the zoning to 15 units which is the maximum under the Land Use Plan. He asked that the Council examine Ordinance 15 and choose between which of the two they wanted, and at this time he preferred Ordinance 15, 1- as opposed to his initial request. Mayor Kiedis said he felt that Ordinance 15 would be more in keeping with the philosophy of the Council and would cover any further development coming within the Land Use Plan density, and that it accelerates the requirement for the developer to conform to the Land Use Plan as regards densities. City Manager John L. Orr commented that basically in effect it brings the high density, the medium density and the low density zoning categories in line with the Land Use Plan, and that the City is in the process of modifying the zoning code to comply with the Land Use Plan and the Comprehensive growth plan for the City. The 90 days moratorium will give the Council time to complete the mechanics necessary to pass the new zoning regulations. Councilman Martino expressed that he understood the intent of what the Council was trying to do but failed to see the need for the moratorium unless there was 2 functional or rational reason for it. He felt there was only one i Regular Meeting, June 1, 1978 Page 5 area in conflict which is R -3 and there was very little of that zoning in the City. He expressed concern that if any of the R -3 were rearranged, the City would have to be prepared to pay some remuneration for downgrading the zoning. Mayor Kiedis emphasized that it was not a moratorium on building per se; that it still permits building, but is a moratorium on those areas when density exceed the Land Use Plan. Attorney Brant stated that the City has taken the initial step that is necessary before the adoption of a final comprehensive land use plan and comprehensive land use map, mandated by the State with a deadline for final completion on July 1, 1979; that the City is going to have to go through the planning process with the County, the Treasure Coast Planning Council and then final approval from Tallahassee. The densities proposed are those densities set forth and collated in the Land Use Plan. The ordinance attempts to declare a moratorium for building permits whereby the structures permuted or livinq units permitted will be established by the zoning code. The Building Official is authorized, during this 90 days period, while the Council considers bringing to the table for final consideration and possible adoption, those recommendations of lesser density. The whole thrust of this ordinance is should you give your self reasonable time to make a final determination. You may decide to amend the plan and the map, but you haven't reached that stage yet in your procedure. Vice Mayor Laurie commented that the Council has deliberated on trying to bring into what will be ultimately, in ordinance form, the Land Use Plan, and even though he thought Councilman Feeney's proposed ordinance was a little extreme, he was willing to accept that in view of the 22 units per acre that is being presented on the Glenbrook Apt. project and perhaps other developers would come in with that density before the new codes are adopted. He stated he fully supported Ordinance 15, 1978, but did see Councilman Martino's position in that there are so few areas that do have 22 units Regular Meeting, June 1, 1978 Page 6 per acre in that it wouldn't tax the overall density of the City that much. Councilman Aldred stated he could not support Ordinance 14, 1978, but agreed that the Land Use Plan was adequate as the densities in the proposed land use plan and for that reason was in favor of Ordkmce 15, 1978. However he felt that this tkdinance should have been adopted simultaneously with the adoption of the Land Use Plan. It was determined that since Ordinance 14, 1978 was assigned a number for discussion purposes and no action was taken on the ordinance, Ordinance 15, 1978 was assigned Number 14, 1978. A motion was made by Vice Mayor Laurie, seconded by Councilman Feeney directing the City Clerk to read Ordinance 14, 1978 in full on first reading. Vote on motion: Mayor Kaedis, Vice Mayor Laurie, Councilman Feeney and Councilman Aldred voted aye; Councilman Martino voted nay. Ordinance 14, 1978 imposing a moratorium on the issuance of building permits for construction of buildings in all residential zoning districts was read in full on first reading by the City Clerk. Motion was made by Vice Mayor Laurie, seconded by Councilman Feeney to read Ordinance 14, 1978 on second and final reading on an emergency basis. Councilman Martino pointed out that the addendum was not in order, and that he basically had no objection as to what the Council was trying to do, but felt that it was the wrong way, and the right way would be to continue deliberating at workshops to get the job done. He added there was some very important data just inserted and he was challenging whether it was legal to put in any ordinance, because it was based on policy. He stated in has opinion the four gentlemen who voted to put this ordinance on first reading have not established an emergency reading for this ordinance. Councilman M= grtino made a motion to table any further discussion on Ordinance 14, 1978 and schedule it for a workshop meeting on June 15, 1978, seconded by Councilman Aldred. Vote on motion: Mayor Kiedis, Councilman Martino and Councilman Aldred voted aye; Councilman Feeney and Vice Mayor Regular Meeting, ,June 1, 1978 Page 7 Laurie voted nay. Motion carried by a 3 -2 vote. Ordinance 14, 1978 will be placed on the agenda of the June 15th meeting for consideration. Mr. Jack Potrekas, Architect for the Glenbrook Apts. to be located on Lilac Street, adjacent to Plant Drive Park, on behalf of his client Nicholas Raich, asked that the Council consider making his property exempt from any ordinance dealing with a moratorium that would effect the zoning. He asked for directioi as to his next step and was advised by the Council he could go back to the Site Plan Review Committee and follow the procedures as outlined in the Code or gait until after the June 15th meeting when the Council would determine the outcome of Ordinance 14, 1978. ORDINANCE 10, Ordinance 10, 1978 rezoning lands located in Section 5 -42 -43 from A -1 to R -5 1V78 was workshopped by the Council. It was determined that the item to be provided by the petitioner, prior to the Public Hearing, is proof of ingress and egress from the project to Prosperity Farms Road. Second reading of the Ordinance and a public hearing will be held on June 15, 1978. ORDINANCE 11, Ordinance 11, 1978 rezoning lands located in Section 5 -42 -43 from R -5 to R -3C and C -2 was workshopped by the Council. Councilman Feeney suggested a clause be added to the ordinance that the zoning conforms to the Comprehensive Land Use Plan, and it was determined that the C -2 did not. The City Attorney advised that since the Comprehensive Land Use Plan has not been officially adopted, changes can be made at this time, if the Council predicates a basis for the change. Councilman Martino asked that the petitioner address the suggestion by the Council to ask for a PUD zoning or a C -lA zoning prior to the Public Hearing on June 15, 1978 so that a new draft of the ordinance may be prepared. ORDINANCE 12 Ordinance 12, 1978 creation of "Vision One" multiple family Planned Unit Development within Section 12 -42 -42 was workshopped by the Council. Two items were lacking before final reading and a public hearing of the Ordinance on June 15, 1978: the drawing or plan dividing the PUD into phases and a letter of approval from Howard Searcy, Engineer, relative to the drainage. ITEMS FOR DISCUSSION: WINCHESTER Robert Slater, Architect and Robert Cook, Attorney for the "Winchester Courts" multiple family Planned Unit Development proposed by Mr. Walter Longman, Project Manager, to be located on Tracts #1 - V, inclusive, Replat #1, Plat 4 presented a colored rendering of the proposed development Regular Meeting, June 1, 1978 Page 8 together with a revised site plan. To solve the objections of the residents of Plat 4, another parking areafor 60 units has been connected, into the new .� access road to Military Trail, which was accomplished by the purchase of 1.3 acres or a 40 foot strip along the lake. By the purchase of this property the density was reduced to 9.1 per acre. Mr. Slater advised that a right and left turn deceletation lane will be provided on Military Trail since in time it will be 4- laned. The units will be sold in fee simple title and a Homeowners Association agreement will be provided. Mr. Slater proposed to place a 6' solid concrete wall along Military Trail, broken with l,rhs of fence for security, and using living landscape; however he expressed willingness to work with the Planning and Zoning Commission to provide the best solution for all. Councilman Feeney questioned if there was any recreational area proposed from the standpoint of lake usage, and Mr. Slater related that a jogging path, a bicycle path, fishing docks, etc. have been provided along the lake, and he would not be adverse to the residents living within the area using the facilities, however, the homeowners association would have control over the usage. Mr. Cook advised that the lake is owned by Royal American and has been used for fishing along the southerly side for many years. The City Attorney was directed to prepare an by the Council creating the Winchester Court resident of Plat 4 complained that they were was being made an Winchester Courts, and was this was not a public hearing and they would future to give their input. ordinance for consideration PUD. Mr. Gordon Hunter, a not aware that a presentation informed by the Council that have ample time in the RELEASE OF LOTS Mayor Kiedis read into the record a letter from Howard Searcy, Engineer, plat 4: dated May 22, 1978 recommending that the City release the balance of the lots in Plat 4 for building permits. At the recommendation of the City Manager, John L. Orr, after explaining that the Northern Palm Beach County Water Control District has executed a Regular Meeting, June 1, 1978 Page 9 contract to guarantee construction of the off -site drainage improvements for this area, a motion was made, seconded and unanimously adopted accepting the recommendation that the balance of the lots in Plat 4 be released for building permits. Mr. Orr was directed to advise Mr. Climer, Vice President of Royal American Realty, Inc. PETITIONS AND COMMUNICATIONS: AREA PLANNING Mayor Kiedis acknowledged receipt of a communication from the Area Planning Board relative to a meeting on June 2, 1978 at Boca Raton relative to the Comprehensive Land Use Plan and other elements as mandated by 1975 Legislative Act. LEE GROW: Councilman Feeney acknowledged receipt of a communication from Lee Grow, 334 Riverside Drive, copies of which will be given to the Council. REPORTS: Vice Mayor Laurie reported he had attended the Tri -City Meeting with the Mayor Kiedis, City Manager and Councilman Martino on May 31, 1978, and the main topic of discussion was the potential purchase of the water and sewer plant, and a go ahead to prepare an application for a grant to make a study of the potential benefits of the purchase. ITEMS BY THE CITY MANAGER: 701 COMPREHENSIVE At the recommendation of the City Manager, a motion was made, seconded and unanimously adopted authorizing the City Manager to continue to pursue the matching funds from the 701 Comprehensive Planning Assistance Act. Mr. Orr, City Manager advised he will be attending a meeting relative to the elements of matching funds at Lauderdale lakes on June 6, 1978. REIMBURSEMENT John L. Orr, City Manager, referenced a letter from Howard Searcy, Engines, U[ V -b11 L DRAINAGE Mr. DiVosta had ASE II: relative to reimbursement for the off -site drainage/ constructed in the development of Sandalwood Phase II PUD, from other developers at a rate of $337.91 per acre. The Council unanimously agreed to advise Mr. DiVosta that they do not wish to be involved in any collection of monies for this purpose. Regular Meeting, June 1, 1978 Page 10 STREET MARKING The City Manager advised that the street marking program would commence on -- Friday, June 2, 1978. `- ITEMS BY MAYOR AND COUNCIL: MAYOR KIEDIS: Mayor Kiedis thanked the City Manager for having the street signs refurbished. Mayor Kiedis asked the City Manager to investigate the possibility of providing water to the picnic area. COUNCILMAN Councilman Martino asked for consideration of providing a parking section RTINO: reserved for the Senior citizens on Johnson Dairy Road. The Council agreed to the suggestion of Councilman Martino to discuss at the next meeting on June 15, 1978 the purchase of the Glenbrook property adjacent to Plant Drive. VICE MAYOR Vice Mayor Laurie suggested that the Council hold an informal session to LA�I E discuss the priority list items. Mr. Orr advised Vice Mayor Laurie in answer to his questions, that the Cinnamon project would come before the Site Plan Committee in the County on June 14th and he was planning a City Budget revision the latter part of June. COUNCILMAN Councilman Feeney suggested that the City Manager advise the administrative L E departments and Boards that the Council is considering lowering the density on R -3 zoning so that the contractors and developers will be alerted. Councilman Feeney requested that a Resolution be prepared by the City Attorney recommending that Circuit Court Judge Smith , due to the fact that he was found guilty of a felony, not receive a pension. The Council concurred to this request and directed the City Attorney to prepare the resolution. As the suggestion of Councilman Feeney, the City Manager was instructed to U write a letter to the DOT to determine the outcome of I -95, and also to con- tact the Turnpike Authority relative to the traffic tie up problem at peak Regular Meeting, June 1, 1978 hours at the PGA exit. Page 11 Councilman Feeney requested that the Holly Drive median be cut and trimmed. ADJOURNMENT: No further business, the meeting adjourned at 11:15 P.M. Mayor Kiedis Vice Mayor Iaurie City , Jerk " f i Councilman Martino Counci an-Feeney Councilman Aldred