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1998-46 Adopting Motion Denying Parkland Plaza Site Plan RESOLUTION NO.: 98 - ~ \0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, ADOPTING THE MOTION DENYING THE PARKLAND PLAZA SITE PLAN AS SET FORTH IN THE TRANSCRIPTION OF THE RECORDING OF THE MEETING AS SET FORTH ON PAGES 514 THROUGH 520 OF SAID TRANSCRIPTION, WHEREAS, on October 21, 1998, and October 22, 1998, the City Commission of the City of Parkland held a quasi-judicial hearing on the Parkland PI WHEREAS, a transcription of the motion the attached pages 514 through 520 WHEREAS, the City Commis . n has been advised that co applicant are desirous that the Co City's decision, NOW, THEREFORE, BE IT RESO Ian (Resolution No. 98-41) and s rovided by the applicant and has it s an accurate transcription of the motion oses of the records of the City, and at the request of both counseL does hereby adop pages 514 through 520 of the transcript as attached hereto, as an accurate transcription of the moti , the reasons for denial, and the action of the City on the Parkland Plaza site plan, " PASSED AND ADOPTED TillS DAY OF ATTEST: SUSAN ARMSTRONG, C.M.C. CITY CLERK APPROVED AS TO FORM AND LEGALITY: ANDREWS S. MAURODIS, ESQUIRE CITY ATTORNEY I 1998, CITY OF PARKLAND, FLORIDA SAL P AGLIARA, MA YOR O>ndenselt! n.t Page 5 J 3 I have a warehouse of 68.000 square feet, they have 2 units that range up to 120,000 square feel, and 3 he says and we actually have one unit that is 140 4 to 145,000 square feet and that is their current 5 footprint that they are developing for a market 6 such as Parkland. 7 I dOD't know, somebody needs to just 8 Dod their head and say that is accurate, because 9 Mr. Hopley had a couple of other iDCOnsis1eot 10 statements that were refuted by the senior I I vice-president. 12 MR. HUEBNER: 1be heariDg has been 13 closed to any discussion.. I don't thiDlc the~ 14 should be any more testimony. 15 COMMISSIONER. GORDON: Le: me just 16 state that we had taDced about perhaps modifying 17 the site plan. md they are saying thr.y can't, or 18 they are unwilliDg or they don't want to. 19 But here I am loolcing at this and they 20 are saying their biggest operation that they only 21 have one other of what they designed for this 22 site. Maybe a smaller site or shop Vlould be more 23 appropriate on this site and moving it around and 24 redesigning the site plan. 25 I also have my other concerns about Parkland Plaza . Page 5 1.5 ; I honest, I didn't see that the applicant 2 adequately answered most of those concerns, 3 Whether we have a permined use here, 4 Are we putting a warehouse on this site? Is this s a wholesaler? The compatibility issues with the 6 residential area that is adjacent to it. The out 7 parcels, are they a strip shopping center? 8 The location of the loading areas. 9 1be location of the tire center. The location of 10 the truck access. TIle architectural design. The 11 nonexistent buffer. The minimal landscaping that 12 really isn't par1clilce like. 13 The elegmt classic country that 14 doesn't exist. TIle inconsistency with our IS comprehensive plan. We have no overall plan here 16 for the development of this site. The location 17 of that building next to the residential area. 18 1be noise concerns. A couple of 19 additional items, the unwillingness of this 20 applicant to meet with our Community AppearaDce 21 Board when they offered their assistance in 22 helping to design this site, 23 And whether they have been 24 misrepresenting, what they are and who they are to 25 us or to the SEC. With that J would like to make Page 514. Page S 16 I the drainage issues that are still outstanding, 1 a motion to deny Resolution 98-41. ~~ 2 the lighting issues that are still outstanding, 2 MAYOR PAGLIARA: Is there a secoDd to 3 that we still have the issues that have been 3 the motion? 4 brought up by stMf as to the accountability, our 4 COMMISSIONER PUGLIESE: Seconded for S comprehensive plan, etcetera, and I !mow that 5 discussion. 6 each ODe of you are going to speale on those 6 MAYOR PAGLlARA: A motion made by 7 items. J just waDted to mention a CC1uple of 7 Commissioner Weissman, seconded by Commissioner 8 those things. Go ahead. 8 Pugliese for discussion. Is there any discussion 9 MAYOR PAGLIARA: Commissioner 9 on it? Commissioner Marks. 10 Weissman. 10 COMMISSIONER MAR.KS: 1 agree with most 11 COMMISSIONER WEISSMAN: First I want 11 of what Mr. Weissman, if not all of what 12 to thank the public that is still here. We have 12 Mr. Weissman, said tonight as far as my 13 been through a very long process, because tonight 13 concerns. 'The one thing I do want to poiIlt out 14 is only one of five maybe that they have at1ended 14 tonight is about other entities, such as Home 15 on this matter. And I would also 1il:.e to thanlc IS Depot, Sam's Club, Costco, Office ,Depot, but I 16 the applicant for being patient with us tonight 16 have Dot heard of any of those public entities 17 Before I make a motion - 17 that fIled a statement with the SEe saying we 18 MAYOR PAGLlARA: A motioD? We have 18 were wholesale and we are a warehouse, So 1 19 not finished. 19 think: it is not applicable to consider that 20 COMMISSIONER WEISSMAN: We can discuss 20 situation. 21 after I put a motion on the floor, I want to 21 1 don't see the compatibility. It is 22 preface my remarks by saying I am torn on this 22 not there. I am looking at their statements that 23 issue. T am tom bec.'luse I have a number of 23 say.they are wholesale, that say they are 24 compelling arguments to make this motion, most of 24 warehouse. It is in the SEC statements, it is in 25 them based on Mr, Lunney's testimooy, ADd to be 2S the statements of their annual repon. And even Mary Ann Collier & Associates, loco 954-782-4300 Page 513 - Page 51': . t' ark.! an a t'la.:z..a CondenseIt! ".. Page 517 I Page 5 1 9 . I their real estate ex pen witness testified that I MAYOR PAGL!ARA: Motion to deny. 2 there was a percentage of wholesale, 2 COMMISSIONER GORDON: Ye5. 3 It is Dot permitted, So we bave their 3 MS. ARMSTRONG: Commissioner Marks. " expen wimess reinforcing the ~"tatement that has 4 COMMISSIONER MARKS: Yes. 5 been made by our counsel. and that is one of the 5 MS. ARMSTRONG: Commissioner 6 most compelling reasonS that I have for feeling 6 Pugliese, 7 that this is a oon-conforming, Don-permitted use, 7 COMMISSIONER PUGLIESE: Yes. 8 and I can't vote for it 8 MS. ARMSTRONG: Commissioner 9 MAYOR PAGLlARk Commissioner 9 Weissman. 10 Pugliese. 10 COMMISSIONER WEISSMAN: Yes. 11 COMMISSIONER PUGLIESE: According to II MS, ARMSTRONG: Mayor Pagliara. 12 all the testimony, Section 39-99.4 did not allow J2 MAYOR PAOUARA: Yes. I] for a wholesale or a warehouse, full storage with 13 MAYOR PAGLIAR.A; Mr. Huebner, based on 14 either a principal or an -ooesSOl")' use. TIle 14 that vote are the other items, two, three, four 15 signature ofthc wholesale and ~ is not 15 and five moot? 16 consistent with our comp plan. Planning &. Zoning 16 Mlt HUBBNER: I don't think we need to 17 recommended denial six. to 2erO. Staff 17 take the other items, subsequent items at this 18 recommended denial 18 t:i.me. considering that vote. 19 TIle Community Appearance Board said 19 MR. HALL: No. 20 the site does not reflect the theme of the 20 MR. MRACHBK: I agree. And on behalf 21 community development, which is elegant classic 21 of the applicant and Don and myself I would 1ilce 22 country. In my opinion it is more of a nineties 22 to thanlc you and everybody here for the time 23 Mediterranean look. 23 extcIlded to us. 24 It is not consiS1eDt with policy 1.1.2 24 MAYOR PAGLlARA: ljust didn't want to 25 which says consistency and compatibility does not ' 25 be tabling this and come back. Page 518 I meet ~ $tandards. Policy 1.3.3, cohesive 2 fonn. nus appears to be a pieoemeal 3 development. 4' We were looking for a master plan. I 5 know over the years we have talked about master 6 planning all of our developments whenever 7 possible, and I know that that is something that 8 was consistent through the years. 9 1bis development in my opin ion will 10 Dot enhance the quality of life, nor promote the 11 safety and welfare of our citi2ens, and it 12 ignores the semi-rura11iIestyle. And I also 13 feel that there is extreme intensity from the 14 truck traffic and the people that will be IS servicing the center. 16 I envisioned more of a village 17 atmosphere at our front door, and I was hoping 18 that the developer would kind of get in 19 conformance with that. But I am very 20 disappointed in what I see, and I can't in good 21 faith vote for this. 22 MAYOR PAGLlARA: AJJ.yother 23 discussion? Roll call. 24 MS. ARMSTRONG: Commissioner Gordon. 25 COMMISSIONER GORDON: Yes. Mary Ann Collier & Associates, Inc. 954-782-4300 , : i I I I I Page 520 ! This meeting bas not been adjourned. 2 MR. HUEBNER: Everybody agrees that we 3 don't want to handle further items, but there is 4 a question what has been done with them. 5 MAYOR PAGLIAR.A: Withdraw them? 6 MIl HUEBNER: Should we withdraw 7 them? 8 MIl MAURODIS: Just make a motion to 9 table them indefinitely_ 10 MAYOR. PAGLlARA: Wait a minute. ~ II is a good point, should the ordinance be read? 12 MIl MAURODIS: I don't think you have 13 to. You are going to table them indefinitely_ 14 MAYORPAGLlARA: I am talking about 1 S the first one. Did you read that ordinance? 16 MR, MAURODIS: 1be resolution? 17 MR, HALL: We will waive reading the 18 title of the resolution and will accept the 19 motion to approve the resolution as titled in the 20 agenda. 21 MR, MAUR.ODIS: Okay, Fine, No need 22 to - the denial is set, and Don waived that. 23 Tabled two ordinances indefmitely. 24 MAYOR PAGLlARA: Let's go ahead. What 25 do we have? Page 517 - Page 520