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10-30-1995 VC SP-MSPECIAL JOINT MEETING NORTH PALM BEACH VILLAGE COUNCIL AND LAKE PARK TOWN COMMISSION OCTOBER 30, 1995 7:00 P.M. PRESENT: Tom Valente, Mayor, North Palm Beach William Wagner, Mayor, Lake Park V. A. Marks, Vice Mayor, North Palm Beach John Butterly, Vice Mayor, Lake Park Larry Kelley, Pres. Pro Tem, North Palm Beach Ken P. Roetz, Commissioner, Lake Park Gail Vastola, Councilman, North Palm Beach Priscilla Vandegritt, Commissioner, Lake Park Charles O'Meilia, Councilman, North Palm Beach ABSENT: Jerry A. Krenz, Commissioner, Lake Park CALL TO ORDER AND ROLL CALL Mayor Valente called the meeting to order ai 7:00 p.m. The Village Clerk called the roll. All members of fhe North Palm Beach Council were present. All members of the Lake Park Town Commission were present except Commissioner Jerry Krenz. The following members of staff were present: Tim Monaghan, Attorney for Lake Park, George Baldwin, Attorney for North Palm Beach; Terry Leary, Lake Park Town Manager, Dennis Kelly, North Palm Beach Village Manager; Tom Hogarth, North Palm Beach Director of Public Services, Steve Kennedy, Lake Park Public Works Director; Kitty Kelly, Village Clerk. PRESENTATION OF CONCEPTUAL PLANNED UNIT DEVELOPMENT AND PHASE 1 SITE PLAN Raoul O'Campo, on behalf of Twin Cities Investors, Inc. & Developers of Northlake, Inc., presented the Planned Unit Development to the Council and Commission. Mr. O'Campo reviewed the project as approved by the joint Planning Commissions, detailing Phase 1A, Eckerd's, with Phase 16 immediately following Eckerd's with Blockbuster, Radio Shack and Offerdahl's. Mr. O'Campo also explained the drainage and water retention plan, the outparcels, signs, landscaping, entrances and color schemes. He further stated that the encroachment request and requests for other variances have been withdrawn since the last meeting of the Planning Commissions. The only variance still being requested is the size of the parking spaces and the parking overhang. During his discussion, Mr. O'Campo told the Council/Commission that some of the drainage areas would be lower than the parking area in order to accept water and retain it for the green areas. No decision has been made yet regarding a name for the P.U. D. Discussion was held concerning Page 5, ¶2 of the Minutes of the joint Planning Commissions meeting held October 11, 1995, wherein it is stated that the "developer shall provide a performance bond or surety bond to guarantee building demolition, asphalt removal, creation of a berm, and seeding the entire site and perimeter landscaping within the time frame stated above". Mr. O'Campo stated that he had read the ' Minutes, and was in agreement with them for the most part, and in agreement with ¶1 of Page 5, but the developer would offer an alternative to ¶2 on Page 5 regarding the performance bond. Mr. O'Campo said that a letter had been submitted to both cities suggesting that the cities withhold the Certificate of Occupancy on the Radio Shack site (which is the second one to be done), until the mall structure has been Minutes of Special Joint Meeting North Palm Beach Village Council ' and Lake Park Town Commission Held Monday, October 30, 1995 substantially demolished. He asked that the cities release the building (C.O.) if demolition is seen to be in progress. He further explained that Radio Shack could not be moved into the new building until the C.O. is obtained, and demolition can't be completed until Radio Shack goes into the new building. Mr. O'Campo stated that he felt that would be a guarantee to the muncipalities that they would fulfill their promise to demolish the mall site. Additionally, to ensure that, they would post a $250,000 cash bond to do the work. The staff told the Council/Commission that the developer should show either contracts or engineers' estimates on all the work that is required to be bonded, and further stated that the developer is willing to incorporate an asbestos removal program prior to the actual physical demolition, which is required prior to the C.O. for Radio Shack also. Sam Cantor, attorney for the developer, confirmed to the Council/Commission that during the construction of Eckerd's and Radio Shack, the asbestos abatement would commence, and would take from 30 to 45 days, barring any further damage from storms. He said that, as they come closer to completing construction for Radio Shack, demolition will begin from the other side of the mall, working back towards Radio Shack, and hopefully at that time, the C. O. for Radio Shack will be issued. Mr. Cantor explained that demolition is assured because the permanent sanitary sewer line must be constructed through the site that currently exists, in order to service the outparcels. In discussion with Maggie Shannon, Engineer for the site, Ms. Shannon told the Council/Commission that a temporary sewer main will tie into the existing site. She also stated that they have been working closely with Seacoast, and there won't be any undue burden on the system. She assured everyone that the system will not impinge upon Hyde Park's water and sewer service. Although they are going to replace with upgraded water line, they will maintain service to Hyde Park for the duration of the construction. She added that sanitary sewer is completely independent. Mr. Cantor said that the asbestos removal and demolition will be done under contract Mr. Cantor will provide copies of the contracts to show that the posting of $250,000 cash is more than sufficient. Tim Monaghan and George Baldwin, attorneys for the municipalities, were in agreement that an escrow agreement should be prepared to allow the use of the money in the event of default. Mr. Cantor said he had no problem with doing that, and the $250,000 would be posted and available when the Certificate of Occupancy for Radio Shack is applied for, if demolition has not begun. Mr. Baldwin clarified that if it becomes necessary to post the cash bond of $250,000, it will be done under an escrow agreement satisfactory to both the North Palm Beach Village Council and the Lake Park Town Commission. It was also clarified that the escrow agreement, if necessary when the time comes, would be separate from the P.U.D. agreement. When asked by Councilman O'Meilia if he could live with the time frame as stated on Page 4 as well as the motion beginning on Page 4 and ending at the top of page 5, and including the posting of the cash, Mr. Cantor stated that he did not have any problem with it and it could be made part of the P.U.D. agreement, however, he felt that if demolition had already been done, the $250,000 should be reduced accordingly for the seeding program. Councilman O'Meilia asked that the reduced cash that will be posted for a seeding program be done under a separate agreement. ~ 2 Minutes of Special Joint Meeting North Palm Beach Village Council and Lake Park Town Commission Held Monday, October 30, 1995 Clarification was made regarding the difference between the drawings submitted to the Planning Commissions and referred to on Page 5 of the Minutes of October 11, 1995 and the drawings given to Council for review on October 26, 1995. Mr. O'Campo explained that the drawings were revised tc reflect the changes made by the joint Planning Commissions on October 11, 1995, and that the encroachment was eliminated, planting area was added on the west side of the Eckerd's building between the sidewalk and the building itself, and two sidewalks added, one from Federal Highway and one from Northlake Blvd. The staff verified that the drawings had only been improved, with no significant discrepancies seen. Mr. O'Campo told the CounciUCommission that they had no plans to demolish the First Union building (on U. S. One), but may decide to take down the drive-thru portion at a later date. Eventually the old First American Bank facility on the Northlake 81vd. side would be demolished. Mr. O'Campo was strongly advised to look hard at the infrastructure in that area if they do decide to demolish. Mr. O'Campo responded by saying that the intent of the developer is not to demolish, because if he does demolish, he would be in anon-conforming use situation if he wanted to rebuild anything on Parcel A. STATEMENTS FROM THE PUBLIC Paul Castro, 230 East Ilex Drive, Lake Park, expressed his support of the proposed plan, but stated that the only issue he is concerned about is later on when the developer comes in with a large portion of the ' mall, that they really look at the buffering behind the mall, and hopes that it would be architecturally compatible. He also requested that they fulfill their intent to provide good pedestrian access. Public Services Director Tom Hogarth stated that all these details will be addressed when the next Phase is applied for. There were no further comments from the public Mr. O'Campo pointed out that the motion that was made by the joint Planning Commissions in the last paragraph of Page 3 of the October t 1, 1995 Minutes seemed to conflict with the clarification made at the top of Page 4. Mr. O'Campo referred the CounciUCommission to ¶ 1, Page 4 of the October 11, 1995 Minutes, which indicates clarification by the Planning Commissions whereby the modified standards approved by the Planning Commissions on October 11, 1995 for Phase I would continue to be the standards used for future phases, unless the applicant applied for additional modifications. The Council/Commission confirmed that any variances given through the P.U.D. ordinance would supersede the C-3 zoning requirements. Attorney Tim Monaghan explained that the C-3 ordinance, as adopted and on the books, would remain the same, but the municipalities would reserve their right to do their normal "give and take" that they typically do in a P.U.D. application, which is essentially an approval of multiple variances. Attorney George Baldwin recommended that a statement be included in the P.U.D. ordinances that it's the intent of the respective Council and Commission that future phases of this development should come under the P.U.D., although care should be taken in developing the language to ensure that the ability to legislate ' is not cut off. a Minutes of Special Joint Meeting North Palm Beach Village Council and Lake Park Town Commission Held Monday, October 30, 1995 Mr. Monaghan agreed with Mr. Baldwin that the P.U.D. ordinance should say that it is our intent that the variations from C-3 approved in the P.U.D. ordinance would continue unless changes are requested by the applicant. For the Village of North Palm Beach, Vice Mayor Marks moved to approve the site plan in accordance with those plans approved by the joint Planning Commissions and as modified by the joint Planning Commissions during the meetings of September 26, 1995 and October 11, 1995, with any discrepancies being resolved by the actions taken during the October 11, 1995 meeting; considering the plans as reviewed by the joint Planning Commissions, with subsequent modifications that staff has approved. Councilman O'Meilia seconded the motion, which passed 5-0. For the Town of Lake Park, Commissioner Roetz moved to approve the site plan in accordance with those plans approved by the joint Planning Commissions and as modified by the joint Planning Commissions during the meetings of September 26, 1995 and October 11, 1995, with any discrepancies being resolved by the actions taken during the October 11, 1995 meeting; considering the plans as reviewed by the joint Planning Commissions, with subsequent modifications that staff has approved. Vice Mayor Butterly seconded the motion, which passed 4-0. Tim Monaghan clarified for the record that the intent of the motion was that the site plan is specific to Phase I. Far the Village of North Palm Beach, Councilman Vastola moved to direct staff to prepare the P.U.D. ordinance for Public Hearing and first and second readings. Councilman O'Meilia seconded the motion, which passed 5-0. For the Town of Lake Park, Vice Mayor Butterly moved to direct staff to set the Public Hearings and draft the P.U.D. ordinance for first and second readings for the site plan. Commissioner Roetz seconded the motion, which passed 4-0. For the Village of North Palm Beach, Councilman Vastola moved that if demolition is not commenced by the time the second Certificate of Occupancy is requested, the developer will put up an amount as specified by the respective staffs sufficient to complete the demolition with the law firm of Strawn and Monaghan and under an agreement acceptable to both municipalities. Councilman O'Meilia seconded the motion, which passed 5-0. For the Town of Lake Park, Commissioner Vandegrift moved that if demolition is not commenced by the time the second Certificate of Occupancy is requested, the developer will put up an amount as specified by the respective staffs sufficient to complete the demolition with the law firm of Strawn and Monaghan and under an agreement acceptable to both municipalities. Vice Mayor Butterly seconded the motion, which passed 4-0. For the Village of North Palm Beach, Vice Mayor Marks moved that if demolition has been done but construction has not started within eight months, the developer will puY up a cash deposit with the law firm of Strawn and Monaghan in an amount specified by the respective staffs as sufficient to seed the property where buildings have been demolished, under an agreement acceptable to both municipalities. d Minutes of Special Joint Meeting North Palm Beach Village Council and Lake Park Town Commission Held Monday, October 30, 1995 President Pro Tem Kelley seconded the motion, which passed 5-0. For the Town of Lake Park, Vice Mayor Butterly moved that if demolition has been done but construction has not started within eight months, the developer will put up a cash deposit with the law firm of Strawn and Monaghan In an amount specified by the respective staffs as sufficient to seed the property where buildings have been demolished, under an agreement acceptable to both municipalities. Commissioner Roetz seconded the motion, which passed 4-0. Village Manager Dennis Kelly, on behalfi of the North Palm Beach Village Council, asked Village Attorney George Baldwin to verify that "no other codes apply outside of the C-3 code, relative to this P.U.D". Mr. Baldwin said that he had already issued a letter in this regard, saying that in a couple of places in the C-3, it refers to other codes applying, but the C-3 will overrule if there is any conflict. For further clarification and for the record, Village Manager Dennis Kelly stated that any changes during the two hearings and readings would have to come back to the joint group for revision. Although everyone was in agreement that independent changes could not be allowed, Mr. Monaghan recommended that if a minor issue comes up it could be mutually worked out by staff prior to the second readings. It was announced that Lake Park would have its first and second readings on November 1, 1995 and November 15, 1995, respectively. North Palm Beach will have its first and second readings on November 9, 1995 and November 20, 1995, respectively. ADJOURNMENT There being no further business to come before the Council and Commission, the meeting adjourned at 8:40 p.m. athleen F. Kelly, CMC, Village CI ~~~ Village of North Palm Beach l