01-09-1997 VC PH1-MCJ
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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.
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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.
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athleen F. Kelly, CMC, Village Cle
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