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HomeMy WebLinkAboutMinutes Council 0401101 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 APRIL 1, 2010 6 The regular meeting was called to order at 7:02 p.m. by Mayor Lew. 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph 10 Russo, Councilmember Eric Jablin, Councilmember Jody Barnett. 11 ABSENT: None. 12 III. ADDITIONS, DELETIONS, MODIFICATIONS 13 None. 14 IV. ANNOUNCEMENTS AND PRESENTATIONS 15 None. 16 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS 17 Councilmember Barnett had no report. Councilmember Russo thanked Palm Beach 18 County Commissioner Karen Marcus for coordinating with the State to prevent any further 19 smoke issues from interrupting the Honda Classic. Vice Mayor Premuroso announced the 20 Annual Easter Egg Hunt at the Burns Road ball fields on Saturday, April 3, 2010 and the 21 Third Annual Amanda J. Buckley Golf Tournament on Saturday, 22 April 17, 2010 at the Palm Beach Gardens Municipal Golf Course. Councilmember Jablin 23 congratulated Mayor Lew and Councilmember Russo on their reelection and congratulated 24 Mayor Levy and Vice Mayor Premuroso on their election as Mayor and Vice Mayor 25 respectively. Mayor Lew reported attending the Loxahatchee River Management 26 Coordinating Council. A Resolution was passed by the Loxahatchee River Management 27 Coordinating Council declaring May 15, 2010 Loxahatchee River Day and a copy of that 28 Resolution has been submitted to City Manager Ferris. Mayor Lew requested the City 29 adopt such a Resolution. A consensus was reached and City Manager Ferris was directed to 30 draw up a similar Resolution. Mayor Lew reported attending a League of Cities Board of 31 Directors meeting where the 2011 dues structure was adopted and 2011 budget approved. 32 Mayor Lew requested two Proclamations be drawn up, one for Water Conservation Month 33 for April and one for Water Reuse Week in May. Consensus was reached approving both 34 Proclamations. 35 VI. CITY MANAGER REPORT 36 City Manager Ron Ferris requested a joint meeting between the elected officials of the 37 Town of Jupiter, Town of Juno Beach and City of Palm Beach Gardens to discuss 38 consolidation of dispatch functions within the new Emergency Operations and 39 Communications Center (EOCC). The City Clerk will coordinate meeting. 40 VII. COMMENTS FROM THE PUBLIC 41 Donaldson Hearing, 1934 Commerce Lane, Jupiter; Alexandria Larson, 16933 W. Harlena 42 Drive, Loxahatchee; Panagioti Tsolkas, 822 N. C Street, Lake Worth. 43 VIII. CONSENT AGENDA 44 a. RESOLUTION 16, 2010 — ENVIRONMENTAL PROTECTION AGENCY'S 45 PROPOSAL. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 46 BEACH GARDENS, FLORIDA OPPOSING THE FEDERAL ENVIRONMENTAL 47 PROTECTION AGENCY'S ( "EPA ") PROPOSAL TO ENACT NEW STRINGENT 48 NUMERIC NUTRIENT WATER QUALITY STANDARDS TO BE APPLICABLE FOR CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 04.01.10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ALL LAKES, FLOWING WATERS, CLASS III WATERS, AND COASTAL WATERS THROUGHOUT AND ADJACENT TO THE STATE OF FLORIDA AS AN AMENDMENT TO 40 CFR, PART 131.43 AND THE CLEAN WATER ACT, AT SEC. 303(C); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilmember Jablin made a motion for approval of the Consent Agenda. Vice Mavor Premuroso seconded. Motion passed 5 -0. IX. RESOLUTIONS The City Clerk read Resolution 102, 2009 by title. a. RESOLUTION 102, 2009 - PROPORTIONATE SHARE AGREEMENT RELATED TO THE SCRIPPS PHASE IUBRIGER TRACT DRI. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE THE SCRIPPS FLORIDA PHASE IUBRIGER DEVELOPMENT OF REGIONAL IMPACT PROPORTIONATE SHARE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Staff Presentation: Planning Manager Natalie Wong. Public Comment: None. Councilmember Jablin made a motion for approval of Resolution 102, 2009. Vice Mayor Premuroso seconded. Motion passed 5 -0. X. PUBLIC HEARINGS: ( *Designates Ouasi- Judicial Hearing) Mavor Lew announced the procedures for tonight's proceedings. Those preparing to give testimony were sworn in. The City Clerk read Resolution 80, 2009 by title. a. RESOLUTION 80, 2009 - SCRIPPS FLORIDA PHASE II DRI — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW PERTAINING TO THE SCRIPPS FLORIDA PHASE II/ BRIGER TRACT DEVELOPMENT OF REGIONAL IMPACT (DRI) AND CONSTITUTING THIS RESOLUTION AS THE DRI DEVELOPMENT ORDER; PROVIDING FOR EXECUTION, TRANSMITTAL, AND IMPLEMENTATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE AND EXPIRATION DATE; AND FOR OTHER PURPOSES. City Attorney Lohman requested speakers state their name and address for the record and advised that comments made during Resolution 80, 2009 and Ordinance 18, 2009 will be incorporated into the record for Ordinance 33, 2009 and Ordinance 28, 2009. Mayor Lew opened the public hearing. Presented Item: Ken Tuma' Urban Design Kilday Studio. Staff Presentation: Planning Manager Natalie Wong. The City Clerk read Ordinance 18, 2009 by title. b. ORDINANCE 18, 2009 — (2ND READING AND ADOPTION) COMPREHENSIVE PLAN TEXT AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3184, ET SEQ., FLORIDA STATUTES, TO CREATE A NEW SUBCATEGORY TO THE EXISTING MIXED USE LAND USE DESIGNATION FOR BIOSCIENCE MIXED USE DEVELOPMENTS AND AN AMENDMENT TO DELINEATE THE SCRIPPS FLORIDA PHASE IU BRIGER TRACT DEVELOPMENT OF REGIONAL IMPACT (DRI) ON THE FUTURE LAND USE MAP CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 04.01.10 I AND PROVIDE A NOTATION ON THE FUTURE LAND USE MAP PERTAINING TO 2 THE PERMITTED LAND USE DENSITIES AND INTENSITIES ESTABLISHED BY 3 ORDINANCE 7, 2005 FOR APPROXIMATELY 708.14 ACRES LOCATED SOUTH OF 4 DONALD ROSS ROAD, NORTH OF HOOD ROAD, AND EAST AND WEST OF 5 INTERSTATE 95; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE 6 AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR 7 OTHER PURPOSES. 8 Public Comment: 9 City Attorney Lohman explained the guidelines for cross - examination of witnesses. 10 Palm Beach County Commissioner Karen Marcus, P.O. Box 1989, West Palm Beach; 11 Thomas DeRita, 5770 Whirlaway Road, Palm Beach Gardens; Britni M. Hiatt, 12688 12 Buckland Street, Wellington; Kaleigh McKnight, 1190 Main Street, Jupiter; Alexandria 13 Larson, 16933 W. Harlena Drive, Loxahatchee; Barry Silver, 1200 S. Congress Circle, Suite 14 8, Boca Raton; 15 George Eisman, R.D., 13155 SW 7th Court, Pembroke Pines; Nate Barksdale, 13926 157th 16 Court North, Jupiter; Adam Barksdale, 13926 157th Court North, Jupiter; Russell 17 McFadden, 822 N. C Street, Lake Worth; Hal Valache, 128 Viera Drive, Palm Beach 18 Gardens; Michael Adler, 410 NW 15th Avenue, Gainesville; Marie Zwicker, 3102 Reo 19 Lane, Lake Worth; Mara Shlackman, 2100 S. Ocean Drive, No. 8E, Fort Lauderdale; Gary 20 Serignese, 11715 Timbers Way, Boca Raton; Christian Minava, 901 N. Federal Highway, 21 Apt. A, Lake Worth; Nick Atwood, 726 Palm Street, West Palm Beach; Sean P. Conroy, 21 22 East Avenue, Thomas, West Virginia; Suki de Jong, 2076 SW 14th Avenue, Boynton Beach; 23 Nadine Murski, 5183 Pinetree Drive, Delray Beach; Jessica Brockway, 1190 Main Street, 24 Box 263, Jupiter; Ghazal Taialli, 8303 W. Sample Road, Apt. 8, Coral Springs; Gina 25 Brockway, 6440 SE Inlet Way, Stuart; Bobette Wolesensky, 17300 Boca Club Boulevard, 26 Boca Raton; Serafma Mintz, 416 Revere Road, Lake Worth; Joan Elias, 1009 Diamond 27 Head Way, Palm Beach Gardens; Panagioti Tsolkas, 822 N. C Street, Lake Worth; Forrest 28 English, 822 N. C Street, Lake Worth; Meredith Brown, Apt. 653A Jones Avenue, 29 Morgantown, West Virginia; Rachel Kiiarski, 6132 New Snook Court, Port Saint Lucie; 30 Ana Rodriguez, 416 Revere Road, West Palm Beach; Andrew Duffell, Business 31 Development Board, 310 Evernia Street, West Palm Beach; Melanie Carpenter, 131 SW 7th 32 Court, Pembroke Pines; Lawrence Bodner, 3193 NW 61st Street, Boca Raton; Carolyn 33 Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens; Pablo Del Real, 521 Southridge 34 Road, Delray Beach; John Chaplik, 715 Hudson Bay Drive; Palm Beach Gardens; Bob 35 Leonard, 1606 16th Lane, Palm Beach Gardens; Joan Altwater, 9180 Cypress Hollow 36 Drive, Palm Beach Gardens; Roma Josephs, 323 Sunset Bay Lane, Palm Beach Gardens; 37 Amir Kanel, 8332 Man-O -War Road, Palm Beach Gardens. 38 Mayor Levy closed the public hearing. 39 Councilmember Jablin made a motion for approval of Resolution 80, 2009. 40 Councilmember Russo seconded. 41 Councilmember Russo, Councilmember Barnett, and Mayor Levy commented. 42 Motion passed 5 -0. 43 Councilmember Jablin made a motion for approval and adoption of Ordinance 18, 2009 on 44 second reading. 45 Vice Mayor Premuroso seconded. 46 Motion passed 5 -0. 47 The City Clerk read Ordinance 33, 2009 by title. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 04.01.10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 c. ORDINANCE 33, 2009 — (2ND READING AND ADOPTION) BRIGER TRACT — REQUEST FOR A TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78 -157. MIXED USE PLANNED UNIT DEVELOPMENT DISTRICT. BY AMENDING THE TITLE OF SECTION 78 -157. SUCH THAT IT SHALL NOW BE ENTITLED "MXD — MIXED USE DEVELOPMENT DISTRICT ", FOR INTERNAL CONSISTENCY AND ADOPTING NEW SECTION 78 -232 ENTITLED "SCRIPPS FLORIDA PHASE II — DESIGN GUIDELINES ", IN ORDER TO ESTABLISH ZONING REGULATIONS AND DESIGN GUIDELINES FOR THE SCRIPPS FLORIDA PHASE IUBRIGER TRACT PCD, TO PROVIDE REGULATIONS FOR APPROVAL AND AMENDMENT OF FUTURE PROJECTS WITHIN THE OVERLAY ZONE, AND TO ESTABLISH CRITERIA FOR BIOSCIENCE MIXED USE PLANNED DEVELOPMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Lew opened the public hearing. Staff Presentation: Planning Manager Natalie Wong. Mayor Lew closed the public hearing. Councilmember Jablin made a motion for approval and adoption of Ordinance 33, 2009 on second reading. Vice Mayor Premuroso seconded. Motion passed 5 -0. The City Clerk read Ordinance 28, 2009 and Resolution 1, 2010 by title. d. *ORDINANCE 28, 2009 — (2ND READING AND ADOPTION) BRIGER TRACT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN PARCELS OF REAL PROPERTY CONSISTING OF 681 ACRES, MORE OR LESS, LOCATED SOUTH OF DONALD ROSS ROAD, NORTH OF HOOD ROAD, AND EAST AND WEST OF INTERSTATE 95, PROVIDING THAT THE SUBJECT PARCELS OF REAL PROPERTY, WHICH ARE MORE SPECIFICALLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED COMMUNITY DEVELOPMENT (PCD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF MIXED -USE (MXD); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED TO REFLECT THE PROPER DESIGNATION FOR THE SUBJECT PARCELS OF PROPERTY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 1, 2010 IS A COMPANION ITEM TO ORDINANCE 28, 2009 AND WILL REQUIRE COUNCIL ACTION RESOLUTION 1, 2010 - BRIGER PCD SITE PLAN. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE SCRIPPS FLORIDA PHASE IUBRIGER TRACT MIXED USE (MXD) PLANNED COMMUNITY DEVELOPMENT (PCD), COMPRISED OF 2.6 MILLION SQUARE FEET OF BIOTECH RESEARCH AND DEVELOPMENT, 1.2 MILLION SQUARE FEET OF OFFICE, 300 HOTEL ROOMS, 500,000 SQUARE FEET OF RETAIL, AND 2,700 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 04.01.10 I RESIDENTIAL UNITS ON A 681 -ACRE PARCEL, AS MORE PARTICULARLY 2 DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF 3 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 4 Mayor Lew opened the public hearing. 5 Ex parte communication was declared by Mayor Levy, Councilmember Russo, 6 Councilmember Jablin. 7 Staff Presentation: Planning Manager Natalie Wong. 8 City Attorney Lohman explained because earlier speakers left the meeting their testimony 9 will be incorporated into the official record. The applicant did not object. 10 Public Comment: 11 Panagioti Tsolkas, 822 N. C Street, Lake Worth. 12 City Attorney Lohman provided further information regarding cross - examination of 13 witnesses. 14 Mayor Levy closed the public hearing. 15 Councilmember Jablin made a motion for approval and adoption of Ordinance 28, 2009 on 16 second reading. 17 Vice Mayor Premuroso seconded. 18 Motion passed 5 -0. 19 Councilmember Jablin made a motion for approval of Resolution 1, 2010. 20 Vice Mayor Premuroso seconded. 21 Motion passed 5 -0. 22 XI. ITEMS FOR COUNCIL ACTIONIDISCUSSION 23 Councilmember Russo and Councilmember Jablin thanked everyone who worked on the 24 ScrippsBriger project. 25 XII. CITY ATTORNEY REPORT 26 None. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 04.01.10 I XIII. ADJOURNMENT 2 Councilmember Jablin made a motion to adjourn. 3 Vice Mayor Premuroso seconded. 4 Motion passed 5 -0. 5 The meeting adjourned at 9:55 p.m. 6 The next regularly scheduled City Council meeting will be held April 15, 2010. 7 8 APPROVED: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 `29 36 - .,-Taitricia Snider, CMC 37 City Clerk David Levy, Mayor Robert G. VeTurosq,/Vio Mayor Russo, Councilmember Eric Jablin, Councilmember Jody Barnett, Councilmember 38 39 40 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 41 the meeting. A verbatim audio record is available from the Office of the City Clerk. 42 All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 04.01.10 PAGE 6