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01-09-1997 VC PH1-MCJ • MINUTES OF PUBLIC HEARING OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JANUARY 9, 1997 Present: Larry Kelley, President Pro Tem Gail Vastola, Councilman Charles O'Meilia, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk V. A. Marks, M. D., Mayor Tom Valente, Vice Mayor ROLL CALL Mayor Marks called the meeting to order at 7:15 p.m. All members Council were present. All members of staff were present. PURPOSE OF THE PUBLIC HEARING The purpose of the Public Hearing was to hear comments from the Public concerning Bill 841, a proposed ordinance amending C-3 Zoning District to allow automobile service stations as an additional land use in C-3 Zoning District when approved in response to a specific P.U.D. application. COMMENTS FROM THE PUBLIC Thomas J. Baird, Esquire, 1841 Ascot Road, representing Dennis Koehler, Esquire, on behalf of MSS Petroleum, Inc. and Martin Steinhardt, addressed the Village Council regarding Bills 841, 842 and 840. Mr. Baird stated that he wished to incorporate into this record any of the documents, prior correspondence and information that was previously introduced into any of the Public Hearings regarding the three ordinances, and he further asked to incorporate, by reference, the Village's Zoning Code and Comprehensive Plan. Mr. Baird stated that he is also a Certified Land Planner, and was including his opinion as a Planner. Mr. Baird stated that the Village thus far has not produced any competent, substantial evidence to justify the proposed amendment to its Code to amend the distance requirements from 1,000 feet to 500 feet. Additionally, adding the use of service stations to the special P.U.D. provisions would be not be consistent with the spirit and intent of the C-3 provisions. Lastly, amending the P.U.D. at the former Twin City Mall by adding this use would not be consistent with the P.U.D. ordinance that was previously adopted. Mr. Baird said that in reviewing the documents, he did not note any planning reasons why the Village would want to reduce the distance requirements, nor did he note Minutes of Public Hearing Held Thursday, January 9, 1997 any evidence that would indicate how the addition of the use of service stations to the P.U.D. is consistent with the spirit and intent of the C-3 district. Further, he did not note any evidence from the records that failure to include the use of service stations within the P.U.D. would unduly constrain desirable reuse and redevelopment of the land within the C-3 zoning district. James L. Exline of Urban Land Consulting, 330 Clematis Street, West Palm Beach, submitted his Statement of Qualifiications to the Council, and stated that he is a member of the American Institute of Certified Planners. Mr. Exline stated that in August he had submitted a short planning report, which addressed the zoning code and development regulations, and which addressed the background of the issues, the proposed amendments, the purpose of the C-3 Regional Business District, and the provisions of the C-3 P.U.D. Mr. Exline stated that the current distance regulations of 1,000 feet is the standard separation in many municipalities, and is designed to protect the public from the impact of service stations and convenience stores. Mr. Exline said, that in reviewing the Village's Comprehensive Plan, he had determined that 3 inconsistencies would result from the separation reduction and the potential use of a service station in the C-3 district, particularly conflicting with Goal 3.2 stated in the Comprehensive Plan. He also referred to Policy 1.1, which requires compatibility to adjacent land uses. Mr. Exline reiterated that the 1,000 ft. separation as is currently used in the Village is consistent with the goals, policies and objectives currently implemented. RECESS The Public Hearing recessed at 7:30 p.m. and reconvened at 7:31 p.m. Manny Grinn, 536 Greenway Drive, stated that he is was not surprised that the current Council consistently thinks that doing what is best for the Village is to develop the Twin City Mall, and that something that impedes that development is not good for the Village, and therefore avoids laws, ordinances, the Comprehensive Plan, disregarding the rules of fair play on an individual basis. Mr. Grinn said that if there is a developer who is saying that there are problems with the development if they don't get a certain concession, then of course what's best for the Village is to "bend" a little bit, and not follow the rules of fair play towards ordinances or the comprehensive plan. Mr. Grinn further stated that he does not agree with that philosophy, because we are a country of laws, and not men. Mr. Grinn said that Council should not circumvent laws because it happens to justify a wondertul end, and that future Councils can use these things as precedence, thereby taking advantage of a very well-meaning Council. L J 2 Minutes of Public Hearing Held Thursday, January 9, 1997 ADJOURNMENT __ With no further comments to be heard from the public, the meeting adjourned at 7:34 p.m. ~~ athleen F. Kelly, CMC, Village Cle • r~ U 3