Meeting No. 2004-12
Time: 7:00 p.m.
| City of Coconut Creek City Commission Minutes Meeting No. 2004-12 |
| Date: March 25, 2004 Time: 7:00 p.m. | |
| Kind: Regular | |
| 4800 West Copans Road, Coconut Creek, Florida, 33063 |
1. The meeting was called to order by Mayor Sarbone at 7:02 p.m.
2. Mayor Sarbone led the Pledge of Allegiance.
3. Present upon roll call:
Mayor Lou Sarbone
Vice Mayor Marilyn Gerber
Commissioner Becky Tooley
Commissioner Jim Waldman
City Manager John Kelly
Assistant City Attorney Nancy Cousins
City Clerk Barbara Price
Absent: City Attorney Paul Stuart
4. Approval of Minutes: Workshop Meeting No. 2004-09 - March 3, 2004
Regular Meeting No. 2004-10 - March 11, 2004
MOTION: Waldman/Gerber - To approve the Minutes as listed above.
For the record, Vice Mayor Gerber noted that the Addendum Item on the Minutes of Regular Meeting No. 2004-07 should have denoted a 3-1 vote.
Upon roll call, the motion was passed on a 4-0 vote.
Mayor Sarbone requested that Item No. 14, the Special Land Use Ordinance pertaining to God's Little Acres be moved forward.
14. MOTION TO ADOPT an ordinance approving the Special Land Use Application submitted by Bob and Joan Nast for the operation and expansion of God’s Little Acres, pursuant to Section 13-35 of the Land Development Code. (ORDINANCE NO. 2004-008 - FIRST READING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2004-008 was read by title by Assistant City Attorney Nancy Cousins.
MOTION: Waldman/Tooley - To adopt Ordinance No. 2004-008.
Mayor Sarbone noted that the Applicant had requested a continuance to work with the community relating to issues of concern.
MOTION: Gerber/Waldman - To table Ordinance No. 2004-008 to the regular meeting on April 8, 2004.
Upon roll call, the motion was passed on a 4-0 vote.
5. PROCLAMATIONS
None.
6. COMMISSION COMMUNICATIONS
Commissioner Waldman welcomed the students receiving certificates and their parents.
Commissioner Tooley announced that she and Vice Mayor Gerber had attended the recently-held Senior Swing Dance at the Recreation Center and was pleased to note the involvement of the Teen Club. She also added that she had received many compliments for the Parks and Recreation Department and Teen Club from Wynmoor residents after a meeting at Wynmoor last week.
Vice Mayor Gerber advised of a letter she had received from a resident on Heron Place (Regency Lakes) complaining about the appearance of State Road 7. Also, recalling discussion regarding Comcast at the last meeting, the Vice Mayor stated that there were six areas where Comcast has not completed.
Recognizing that John Albert of Waste Management was in the audience, Commissioner Waldman noted trash from the landfill had blown into Tradewinds Park and the City. Mr. Albert indicated that his company was aware of the situation and plans were underway to clean up the debris quickly.
7. PRESENTATION OF CERTIFICATES OF ACHIEVEMENT IN ART WORK TO STUDENTS OF COCONUT CREEK, TRADEWINDS, AND WINSTON PARK ELEMENTARY SCHOOLS.
The Mayor and Commission presented certificates to the students for their artwork.
8. INPUT FROM RESIDENTS OF COCONUT CREEK: Three (3) minutes per resident on non-agenda items.
As a point of personal privilege Mayor Sarbone allowed John Albert of Waste Management to speak.
Mr. Albert wanted the Commission to be aware that within 45 to 60 days a beautification program would be started along the Sample Road side of the landfill. The landfill is to be masked with a grass berm, as well as plants and trees, to accomplish a much more pleasant appearance. He indicated that a sketch of the plan would be provided to the Commission so they can see the work in progress.
9. CITY MANAGER REPORT
Mr. Kelly had several announcements: (1) a meeting will be held on March 31st at 7:00 p.m., in the Rowe Community Center to discuss the Lake Julie dredging project; (2) the Environmental Board was completing an application for the City to be certified as a Wildlife Habitat and he indicated that currently there are only approximately five other cities in the country that are certified; and (3) he would hold his annual Town Hall Budget Meetings on Thursday, April 8th at 10:00 a.m., and on Wednesday, April 21st at 7:00 p.m.
10. CITY ATTORNEY REPORT
REQUEST FOR SETTLEMENT NEGOTIATION OR LITIGATION STRATEGY MEETING PURSUANT TO SECTION 286.011(8)
None.
11. MOTION TO ADOPT a resolution authorizing the City Manager to execute the Second Amendment to a Water and Wastewater Agreement between the City and Lyons Land Holding, Ltd., for the “Lyons Corporate Park Plat.” (RESOLUTION NO. 2004-31) (Utilities and Engineering)
12. MOTION TO ADOPT a resolution authorizing the City Manager to execute a Water and Wastewater Agreement between the City and Eddie Accardi Subaru of Coconut Creek, Inc., for a portion of Tract “E”, “Wiles/Butler Plat One.” (RESOLUTION NO. 2004-32) (Utilities & Engineering)
13. MOTION TO ADOPT a resolution opposing House Bill 1237, Senate Bill 2322, and House Bill 1495, and urging State Legislators and the Governor to oppose said bills. (RESOLUTION NO. 2004-33)
MOTION: Tooley/Gerber - To adopt Resolution No. 2004-33.
Upon roll call, the motion was passed on a 4-0 vote.
15. MOTION TO ADOPT an ordinance approving the rezoning request for the property known as Tract 88, Block 86, of the Palm Beach Farms Company Plat No. 3 from A-1 (Agriculture) to RC-5 (Residential Cluster 5 CU/AC). (ORDINANCE NO. 2004-009 - FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2004-009 was read by title by Nancy Cousins.
MOTION: Gerber/Waldman - To adopt Ordinance No. 2004-009.
Director of Development Services Sheila Rose noted that this was a rezoning request for the property located east of Hilton Road Estates. She added that the site plan had not been approved and that the ultimate density for this property would be resolved through the site plan process.
Mayor Sarbone opened the public hearing. There were no questions or comments, and the hearing was closed.
Referring to the staff report contained in the back-up material, Vice Mayor Gerber questioned the determination that 25 single-family units would result in only 8 students. Ms. Rose noted that the Broward County School Board had developed the formula for the projections and the Applicant was required to use those projections. The Mayor indicated he would like to see a projection for five years ahead so the figures could be more accurate. Ms. Rose noted the School Board's position that the current projections are adequate for five years ahead.
Upon roll call, the motion passed on a 4-0 vote.
RESOLUTIONS/MOTIONS
16. MOTION TO ADOPT a resolution granting a waiver from the terms of the Moratorium as established by Ordinance No. 2002-036, for the property described as Catalina Square. (RESOLUTION NO. 2003-140) (Development Services)
MOTION: Tooley/Waldman - To adopt Resolution No. 2003-140.
Ms. Rose noted the location of the property on Lyons Road north of Sample Road and that the Applicant would make a presentation. Ms. Cousins noted that the proceeding was quasi-judicial and those intending to provide testimony were sworn in by the court reporter.
Attorney Barbara Hall of Greenberg Traurig introduced the property's principals: John Hoover, Jim Amaroso, and Mel Rappaport. She also introduced Planner Sarah Stewart, Architect Jeff Smith, and David Brown, who was now affiliated with the project.
Ms. Hall noted that, at the time the Moratorium was adopted, this project had been through all of its approvals except for the issuance of a building permit. She displayed an aerial photograph of the property noting that it was 2.4 acres, and a very small portion of the Main Street study area. Ms. Hall indicated that a permit extension had been applied for on September 3rd prior to the expiration of the permit, and it had been granted. She noted that the Moratorium ordinance would not allow the extension, although the South Florida Building Code allows for one extension. The principals in the project felt that the permit extension had been wrongfully revoked and, therefore, the waiver was requested. Ms. Hall noted that, by requesting this waiver, the principals were not conceding that the permit revocation was proper and her position was that this case met all of the standards for granting a waiver, which she reviewed for the Commission. Ms. Hall submitted several exhibits for the record, which were accepted. Ms. Cousins noted that all the documents were matters of public record and included letters written by Ms. Hall to City staff, various aerials, copies of the plat, copies of the rezoning, and both Moratorium ordinances.
Sarah Stewart of S& S Consulting noted that, in reviewing the MainStreet Master Plan, it would allow for this project to be continued. She described the subject property as a complementary project for MainStreet and added that delaying this project for four to five years due to the MainStreet project would be very costly to the owners.
John W. Hoover, Jr. one of the principals of the property indicated he had discussed with the building permit extension with Building Department officials. Mr. Hoover indicated the project was ready to proceed and confirmed that, if the waiver were granted, the building permit to allow for the extension. Ms. Hall stated that the City staff would be consulted to work out the details to connect the project from a pedestrian perspective and that the landscaping could be delayed until the end of the project so that it would be consistent with the MainStreet design. She displayed a graphic of the building.
Commissioner Tooley asked if the architecture of the building could be changed to see a green roof or a tree canopy and if a pitched roof could be accommodated. Ms. Hall stated that the architectural design for the MainStreet project had not yet been selected and possibly the detail could be decided later.
Ms. Rose noted that the reason for the permit revocation was due to staff's understanding that they did not have the authority to extend the permit on this project because of the provisions of the Moratorium Ordinance.
Mayor Sarbone requested clarification on the harmony issue regarding the project. Ms. Rose explained that the harmony would change when the urban design plans were being developed. The more important issues would be providing for the greenway along Lyons Road, the overhead power lines, and providing pedestrian connection.
Commissioner Waldman noted that another property had been granted a waiver without a plan and questioned why the waiver for this property could not be granted without a plan if the Green property had been granted a waiver without a plan. Further, he stated that, if the City's position was because of MainStreet issues and since no plan yet exists, then no one could receive a waiver. Ms. Cousins explained that the original Moratorium ordinance stated that a permit could not be extended once it had lapsed and, additionally, that the provision for an extension came from the Florida Building Code. Mr. Hoover interjected that he was prepared to begin construction when he was told the permit was not being extended. Ms. Cousins clarified that this project was the only one that did not start construction as an exception and the current Moratorium does not have a provision for any exceptions. Ms. Rose noted that by applying for a waiver, there was clear intent as to what would be done with the project.
City Manager John Kelly exited the meeting and Assistant City Manager Mary Blasi took his place on the dais at 7:55 p.m.
In an attempt at being equitable regarding the project, Commissioner Waldman questioned if there were any problems with the proposed product and Ms. Rose indicated that, as a single-story warehouse flex space, it was acceptable product and all Codes had been complied with throughout the project. Ms. Cousins, however, cautioned that, if a waiver were granted, it should be done on the basis of agreement to modify the landscaping and adjusting the architecture to be consistent with the MainStreet project.
The Vice Mayor questioned the feasibility of putting the utility lines underground. Ms. Rose said that it was possible to put the lines underground. Ms. Hall and Mr. Hoover confirmed the project would be contributing their share to the underground lines.
Commissioner Waldman felt that a strong case had been made for this project and he requested assurance that the landscaping modifications would be in harmony with MainStreet. He also requested agreement to revisit the project within the next four years to review the elevation, colors, etc. For the record, Commissioner Waldman disclosed that a project team member, David Brown, had worked as a campaign manager for him previously.
Commissioner Tooley requested the time frame for the completion of the MainStreet design standards. Ms. Rose stated that the goal is have the new design regulations in place by October 1st.
Jeff Smith of JMS Design noted that the building was sufficiently flexible to add elements that would achieve harmony with the MainStreet design.
Following discussion on conditions of approval, Ms. Cousins noted that the Resolution should be amended to include the conditions of the waiver.
MOTION: Waldman/Tooley - To amend the Resolution to include the following conditions of approval: (1) that if in the future the power distribution lines on Lyons Road are required to be placed underground, the property owners agree to pay their share of the cost; (2) that the property owner agrees to modify the landscaping in accordance with the City’s requirements as determined upon completion of the Main Street study; (3) The property owner agrees to add reasonable (decorative not structural) enhancements at such time in the future to be consistent with the MainStreet project study; and (4) That the property owner agrees to provide pedestrian connectivity from Lyons Road to the MainStreet project area.
Upon roll call, the amendment was passed on a 4-0 vote.
Upon roll, the motion, as amended, was passed on a 4-0 vote.
17. MOTION TO AUTHORIZE the City Manager to approve a Change Order for the 29th Year Community Development Block Grant Program (CDGB). (Development Services)
MOTION: Tooley/Waldman - To approve authorization for the Change Order.
Ms. Rose explained that for approximately two years the City had work toward securing the approvals to install ten additional elevator lifts in Wynmoor and that ultimately the lifts had been rejected by Wynmoor, which would allow for the monies to be used for the Cougar Trail sidewalk improvement project. Vice Mayor Gerber asked if the lifts in Wynmoor would continue to be pursued; however,. Ms. Rose noted because an agreement could not be reached as to where the elevators would be located, it was her recommendation to use the monies for other projects.
Upon roll call, the motion was passed on a 4-0 vote.
18. MOTION TO AUTHORIZE the City Attorney to file foreclosure proceedings against Coral Lake MHC LTD Partnership relating to property located at 4701 Lyons Road. (City Attorney)
MOTION: Waldman/Tooley - To file foreclosure proceedings against Coral Lake MHC.
Ms. Cousins requested that this item be tabled until the April 8th meeting as the property owner has advised that he is close to having a contract signed with Centex homes, which should be in place by April 8th.
MOTION: Tooley/Waldman - To table this item until the April 8th meeting.
Upon roll call, the motion was passed on a 4-0 vote.
19. ADJOURNMENT
The meeting was adjourned at 8:32 p.m.
_________________________
Barbara S. Price, CMC
City Clerk