HomeMy WebLinkAboutMinutes Council 1102231 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 November 2, 2023
5
6 The regular meeting was called to order at 6:01 p.m. by Mayor Reed.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor Reed, Vice Mayor Woods, Councilmember Tinsley, Councilmember
10 Premuroso, Councilmember Middleton.
11 ABSENT: None.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 None.
14 IV.ANNOUNCEMENTS AND PRESENTATIONS
15 a. PRESENTATION TO CITY COUNCIL FROM DOUG BABER, CITY MANAGER, CITY OF
16 CRYSTAL RIVER.
17 City Manager of Crystal River, Doug Baber, and Public Works Director, Troy Slattery,
18 expressed appreciation for assistance provided to Crystal River and its employees in the Sister
19 City program following the aftermath of Hurricane Ida. On behalf of Mayor Joe Meek, they
20 presented a plaque with a Key to the City of Crystal River to the Mayor and Councilmembers.
21 b. LOCAL SCHOOLS DONATION DRAWING.
22 Councilmembers recognized the importance of public education by having a $5,000.00 donation
23 designated in the City's annual budget for a local public school. So that all ten local public schools
24 could benefit, their names were drawn out of a hat and matched to a corresponding school year.
25 The schools were awarded as follows: 2023 -Marsh Pointe Elementary School; 2024 -Pierce
26 Hammock Elementary School; 2025 -Timber Trace Elementary School; 2026 -Palm Beach
27 Gardens Elementary School; 2027 -Howell L. Watkins Middle School; 2028 -Palm Beach
28 Gardens Community High School; 2029 -Allamanda Elementary School; 2030 -Dwight D.
29 Eisenhower K-8; 2031 -Watson B. Duncan Middle School; 2032 -William T. Dwyer High
30 School.
31 c. PALM TRAN UPDATE.
32 Palm Tran Executive Director, Clinton Forbes presented an overview of service routes, modes
33 of transportation, funding requirements, and its Connection Efficiency Project (CEP).
34 V. COMMENTS FROM THE PUBLIC
35 Jasmine Taylor, 3594 Florida Boulevard, Palm Beach Gardens, Florida 33410; *Lawrence
36 Milstein, 497 Capistrano Drive, Palm Beach Gardens, Florida 33410 *(for Resolution 67, 2023
37 under section IX. Resolutions).
38 VI. CITY MANAGER REPORT
39 None.
40 Mayor Reed noted the Council and staff was wearing the color teal in support of the Alzheimer's
41 Foundation of America, and City Hall was lit in teal.
42 VII. CONSENT AGENDA
43 a. APPROVE MINUTES FROM THE OCTOBER 5, 2023, CITY COUNCIL MEETING.
44 b. APPROVE MINUTES FROM THE OCTOBER 19, 2023, CITY COUNCIL WORKSHOP.
45 c. RESOLUTION 64, 2023-DEDICATION OF EASEMENTS. A RESOLUTION OF THE CITY
46 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A GRANT
47 OF EASEMENT TO SEACOAST UTILITY AUTHORITY FOR FUTURE PUBLIC WATER
48 SUPPLY WELL RECONSTRUCTION; PROVIDING AN EFFECTIVE DATE; AND FOR
49 OTHER PURPOSES .
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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1 d. RESOLUTION 66, 2023 -PGA NATIONAL COMMERCE PARK PLAT. A RESOLUTION
2 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA,
3 APPROVING THE PLAT FOR PGA NATIONAL COMMERCE PARK PLANNED UNIT
4 DEVELOPMENT (PUD) WITHIN THE PGA NATIONAL PLANNED COMMUNITY
5 DEVELOPMENT (PCD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
6 PURPOSES.
7 e. PURCHASE AWARD -ITB2023-155FR, CONSTRUCTION OF FIRE RESCUE STATION
8 NO . 6.
9 f. PURCHASE AWARD-INFORMATION TECHNOLOGY SOFTWARE.
10 g. PROCLAMATION-EPILEPSY AWARENESS MONTH .
11 h. PROCLAMATION -FAMILY COURT AWARENESS MONTH .
12 i. PROCLAMATION-LUNG CANCER AWARENESS MONTH.
13 j. PROCLAMATION-NATIONAL GIS DAY .
14 k. PROCLAMATION-NATIONAL HOSPICE AND PALLIATIVE CARE MONTH.
15 I. PROCLAMATION -NATIONAL HUNGER AND HOMELESSNESS AWARENESS WEEK.
16 m. PROCLAMATION-NATIONAL NURSE PRACTITIONER WEEK.
17 n. PROCLAMATION -SMALL BUSINESS SATURDAY.
18 o. PROCLAMATION -WORLD AIDS DAY.
19 p. PROCLAMATION -WORLD PANCREATIC CANCER DAY.
20 Councilmember Tinsley made a motion to approve the Consent Agenda.
21 Vice Mayor Woods seconded .
22 Motion passed 5-0 .
23 VIII. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
24 Those preparing to give testimony were sworn in.
25 Ordinance 20, 2023, Ordinance 21 , 2023, Ordinance 22 , 2023, Ordinance 23, 2023, and
26 Ordinance 24, 2023 were presented in a combined presentation.
27 Mayor Reed asked for ex parte communication for the combined presentation of Ordinance 20,
28 2023, Ordinance 21, 2023, Ordinance 22 , 2023, Ordinance 23, 2023, and Ordinance 24, 2023.
29 Councilmember Tinsley received emails and spoke to Peter Banting, resident of Monet
30 Gardens .
31 Councilmember Premuroso received emails.
32 Councilmember Middleton received emails .
33 Mayor Recd received emails .
34 The City Clerk read Ordinance 20, 2023 by title.
35 a. *ORDINANCE 20, 2023 -(1 5 T READING) REQUEST FOR ANNEXATION OF
36 APPROXIMATELY 1,193.58ACRES. AN ORDINANCE OF THE CITY COUNCIL OF THE
37 CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING A CONTIGUOUS AND
38 COMPACT AREA OF UNINCORPORATED REAL PROPERTY COMPRISING A TOTAL
39 OF 1193 .58 ACRES, MORE OR LESS, WHICH INCLUDES, BUT IS NOT LIMITED TO,
40 THE COMMUNITIES OF "CABANA COLONY, CRYSTAL POINTE, HIDDEN KEY,
41 FRENCHMEN'S LANDING, PLEASANT RIDGE, CAPTAIN 'S KEY, MARINER'S COVE,
42 AND THE MAHEU SUBDIVISION," IN ACCORDANCE WITH SECTION 171.0413,
43 FLORIDA STATUTES, SUCH PARCELS BEING GENERALLY LOCATED NORTH OF
44 PGA BOULEVARD, EAST OF ALTERNATE A1A, WEST OF LITTLE LAKE WORTH, AND
45 SOUTH OF DONALD ROSS ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN
46 AND AS DEPICTED ON THE MAP ATTACHED HERETO; AMENDING ARTICLE II OF
47 THE CITY CHARTER TO REDEFINE THE CORPORATE LIMITS PURSUANT TO
48 INVOLUNTARY ANNEXATION; CALLING A REFERENDUM ON THE QUESTION OF
49 ANNEXATION FOR THE REGISTERED ELECTORS WITHIN THE PROPERTY
50 PROPOSED FOR ANNEXATION ; PROVIDING FOR TRANSMITTAL TO THE FLORIDA
51 DEPARTMENT OF STATE, THE FLORIDA GOVERNOR'S OFFICE, AND PALM BEACH
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1 COUNTY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
2 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
3 PURPOSES.
4 Mayor Reed opened the Public Hearing for Ordinance 20, 2023.
5 Petitioner presentation: None.
6 Staff presentation: Planning Manager, Martin Fitts.
7 Staff recommended approval of Ordinance 20, 2023 on first reading.
8 Public comment: Charles Hollings, 1679 Pleasant Drive, North Palm Beach, Florida 33408;
9 Nicholas Gieseler, 819 S. Federal Highway, Suite 300, Stuart, Florida 34994; Holly Finch,
10 11639 Landing Place, North Palm Beach, Florida 33408; Barry Paraizo, 11758 Lake Shore
11 Place, North Palm Beach, Florida 33408; Melissa Wiegand, 2059 Pleasant Drive, North Palm
12 Beach, Florida 33408; Charles Bart Collins, 11916 Lake Shore Place, North Palm Beach,
13 Florida 33408; Shanna Walker, 3842 Dunes Road, Palm Beach Gardens, Florida 33410;
14 Aryeh Sehayik, 12300 Alternate AlA, Palm Beach Gardens, Florida 33410; Christopher
15 Wingate, 3773 Dunes Road, Palm Beach Gardens, Florida 33410; Taylor Gibbon, 2633
16 Bordeaux Court, West Palm Beach, Florida 33410; Fred Brandt, 2567 Monaco Circle, West
17 Palm Beach, Florida 33410; Mike Prece, 3603 Catalina Road, West Palm Beach, Florida
18 33410; Celeste Colliton, 11660 Landing Place, North Palm Beach, Florida 33408; Wallace
19 Woodard, 12774 S Normandy Way, Palm Beach Gardens, Florida 33410; Mike Love, 2117 N
20 Palm Circle, North Palm Beach, Florida 33408; Katharine Murray, 11597 Landing Place,
21 North Palm Beach, Florida 33408.
22 City Attorney, R. Max Lohman stated the City would enter into evidence the entirety of the
23 staff report, which is in the agenda package and includes the annexation feasibility study for
24 Ordinance 20, 2023 into the record.
25 Mayor Reed closed the Public Hearing.
26 Vice Mayor Woods made a motion to approve Ordinance 20, 2023 on first reading and based
27 upon the evidence and testimony presented, make the following findings of fact and conclusions
28 of law: that all conditions precedent necessary to hold this public hearing have been fully
29 complied with pursuant to Chapter 171, Florida Statutes; and that all requirements of Section
30 171.042, Florida Statutes have been fully satisfied and complied with; and that the character of
31 the area to be annexed fully complies with the requirements set forth at Section 171.043, Florida
32 Statutes.
33 Councilmember Middleton seconded.
34 Mayor Reed brought the item back for discussion. Discussion ensued .
35 Motion passed 5-0.
36 The City Clerk read Ordinance 21, 2023 by title.
37 b. *ORDINANCE 21 , 2023 -(1 5T READING) REQUEST FOR ANNEXATION OF
38 APPROXIMATELY 20.27 ACRES. AN ORDINANCE OF THE CITY COUNCIL OF THE
39 CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING A CONTIGUOUS AND
40 COMPACT AREA OF UNINCORPORATED REAL PROPERTY COMPRISING A TOTAL
41 OF 20 .27 ACRES, MORE OR LESS, COMMONLY KNOWN AS THE "ELLISON WILSON
42 PARCELS," IN ACCORDANCE WITH SECTION 171.0413, FLORIDA STATUTES, SUCH
43 PARCELS BEING GENERALLY LOCATED SOUTH OF PGA BOULEVARD, EAST OF
44 THE INTRACOASTAL WATERWAY, AND WEST OF ELLISON WILSON ROAD, AS
45 MORE PARTICULARLY DESCRIBED HEREIN AND AS DEPICTED ON THE MAP
46 ATTACHED HERETO; AMENDING ARTICLE II OF THE CITY CHARTER TO REDEFINE
47 THE CORPORATE LIMITS PURSUANT TO INVOLUNTARY ANNEXATION; CALLING A
48 REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED
49 ELECTORS WITHIN THE PROPERTY PROPOSED FOR ANNEXATION; PROVIDING
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1 FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF STATE, THE FLORIDA
2 GOVERNOR'S OFFICE, AND PALM BEACH COUNTY; PROVIDING A CONFLICTS
3 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
4 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
5 Mayor Reed opened the Public Hearing for Ordinance 21, 2023.
6 Petitioner presentation: None.
7 Staff presentation: Planning Manager, Martin Fitts.
8 Staff recommended approval of Ordinance 21, 2023 on first reading.
9 Public comment: Sara Williamson, 11855 Ellison Wilson Road, Juno Beach, Florida 33408.
10 City Attorney, R. Max Lohman stated the City would enter into evidence the entirety of the
11 staff report, which is in the agenda package and includes the annexation feasibility study for
12 Ordinance 21, 2023 into the record.
13 Mayor Reed closed the Public Hearing.
14 Vice Mayor Woods made a motion to approve Ordinance 21, 2023 on first reading and based
15 upon the evidence and testimony presented, make the following findings of fact and conclusions
16 of law: that all conditions precedent necessary to hold this public hearing have been fully
17 complied with pursuant to Chapter 171, Florida Statutes; and that all requirements of Section
18 171.042, Florida Statutes have been fully satisfied and complied with; and that the character of
19 the area to be annexed fully complies with the requirements set forth at Section 171.043, Florida
20 Statutes.
21 Councilmember Middleton seconded.
22 Mayor Reed brought the item back for discussion. No further discussion.
23 Motion passed 5-0.
24 The City Clerk read Ordinance 22, 2023 by title.
25 c. *ORDINANCE 22, 2023 -(1 8T READING) REQUEST FOR ANNEXATION OF
26 APPROXIMATELY 31.25 ACRES. AN ORDINANCE OF THE CITY COUNCIL OF THE
27 CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING A CONTIGUOUS AND
28 COMPACT AREA OF UNINCORPORATED REAL PROPERTY COMPRISING A TOTAL
29 OF 31.25 ACRES, MORE OR LESS, COMMONLY KNOWN AS "PIRATE'S COVE," IN
30 ACCORDANCE WITH SECTION 171.0413, FLORIDA STATUTES, SUCH PARCELS
31 BEING GENERALLY LOCATED SOUTH OF PGA BOULEVARD, WEST OF THE
32 INTRACOASTAL WATERWAY, AND NORTH OF CANAL ROAD, AS MORE
33 PARTICULARLY DESCRIBED HEREIN AND AS DEPICTED ON THE MAP ATTACHED
34 HERETO; AMENDING ARTICLE II OF THE CITY CHARTER TO REDEFINE THE
35 CORPORATE LIMITS PURSUANT TO INVOLUNTARY ANNEXATION; CALLING A
36 REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED
37 ELECTORS WITHIN THE PROPERTY PROPOSED FOR ANNEXATION; PROVIDING
38 FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF STATE, THE FLORIDA
39 GOVERNOR'S OFFICE, AND PALM BEACH COUNTY; PROVIDING A CONFLICTS
40 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
41 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
42 Mayor Reed opened the Public Hearing for Ordinance 22, 2023.
43 Petitioner presentation: None.
44 Staff presentation: Planning Manager, Martin Fitts.
45 Staff recommended approval of Ordinance 22, 2023 on first reading.
46 Public comment: None.
47 City Attorney, R. Max Lohman stated the City would enter into evidence the entirety of the
48 staff report, which is in the agenda package and includes the annexation feasibility study for
49 Ordinance 22, 2023 into the record.
50 Mayor Reed closed the Public Hearing.
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1 Vice Mayor Woods made a motion to approve Ordinance 22, 2023 on first reading and based
2 upon the evidence and testimony presented, make the following findings of fact and conclusions
3 of law: that all conditions precedent necessary to hold this public hearing have been fully
4 complied with pursuant to Chapter 171, Florida Statutes; and that all requirements of Section
5 171.042, Florida Statutes have been fully satisfied and complied with; and that the character of
6 the area to be annexed fully complies with the requirements set forth at Section 171.043, Florida
7 Statutes.
8 Councilmember Middleton seconded.
9 Mayor Reed brought the item back for discussion. No further discussion.
10 Motion passed 5-0.
11 The City Clerk read Ordinance 23, 2023 by title.
12 d. *ORDINANCE 23, 2023 -(1 8 r READING) REQUEST FOR ANNEXATION OF
13 APPROXIMATELY 32.92 ACRES. AN ORDINANCE OF THE CITY COUNCIL OF THE
14 CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING A CONTIGUOUS AND
15 COMPACT AREA OF UNINCORPORATED REAL PROPERTY COMPRISING A TOTAL
16 OF 32.92 ACRES, MORE OR LESS, COMMONLY KNOWN AS "MONET ACRES," IN
17 ACCORDANCE WITH SECTION 171.0413, FLORIDA STATUTES, SUCH PARCELS
18 BEING GENERALLY LOCATED ON THE NORTHWEST CORNER OF THE
19 INTERSECTION OF PROSPERITY FARMS ROAD AND RCA BOULEVARD, AS MORE
20 PARTICULARLY DESCRIBED HEREIN AND AS DEPICTED ON THE MAP ATTACHED
21 HERETO; AMENDING ARTICLE II OF THE CITY CHARTER TO REDEFINE THE
22 CORPORATE LIMITS PURSUANT TO INVOLUNTARY ANNEXATION; CALLING A
23 REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED
24 ELECTORS WITHIN THE PROPERTY PROPOSED FOR ANNEXATION; PROVIDING
25 FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF STATE, THE FLORIDA
26 GOVERNOR'S OFFICE, AND PALM BEACH COUNTY; PROVIDING A CONFLICTS
27 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
28 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
29 Mayor Reed opened the Public Hearing for Ordinance 23, 2023.
30 Petitioner presentation: None.
31 Staff presentation: Planning Manager, Martin Fitts.
32 Staff recommended approval of Ordinance 23, 2023 on first reading.
33 Public comment: Isabel Stephenson, 11148 Monet Lane, Palm Beach Gardens, Florida 3341 O;
34 Roberto Balbis, 11130 Monet Lane, Palm Beach Gardens, Florida 33410. _
35 City Attorney, R. Max Lohman stated the City would enter into evidence the entirety of the
36 staff report, which is in the agenda package and includes the annexation feasibility study for
37 Ordinance 23, 2023 into the record.
38 Mayor Reed closed the Public Hearing.
39 Vice Mayor Woods made a motion to approve Ordinance 23, 2023 on first reading and based
40 upon the evidence and testimony presented, make the following findings of fact and conclusions
41 of law: that all conditions precedent necessary to hold this public hearing have been fully
42 complied with pursuant to Chapter 171, Florida Statutes; and that all requirements of Section
43 171.042, Florida Statutes have been fully satisfied and complied with; and that the character of
44 the area to be annexed fully complies with the requirements set forth at Section 171.043, Florida
45 Statutes.
46 Councilmember Middleton seconded.
47 Mayor Reed brought the item back for discussion. No further discussion.
48 Motion passed 5-0.
49 The City Clerk read Ordinance 24, 2023 by title.
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1 e. *ORDINANCE 24, 2023 -(1 5 T READING) REQUEST FOR ANNEXATION FOR
2 APPROXIMATELY 38.71 ACRES. AN ORDINANCE OF THE CITY COUNCIL OF THE
3 CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING A CONTIGUOUS AND
4 COMPACT AREA OF UNINCORPORATED REAL PROPERTY COMPRISING A TOTAL
5 OF 38. 71 ACRES, MORE OR LESS, COMMONLY KNOWN AS "MONET GARDENS," IN
6 ACCORDANCE WITH SECTION 171.0413, FLORIDA STATUTES, SUCH PARCELS
7 BEING GENERALLY LOCATED NORTH OF RCA BOULEVARD, SOUTH OF FAIRCHILD
8 AVENUE, AND EAST OF FAIRCHILD GARDENS AVENUE, AS MORE PARTICULARLY
9 DESCRIBED HEREIN AND AS DEPICTED ON THE MAP ATTACHED HERETO;
10 AMENDING ARTICLE II OF THE CITY CHARTER TO REDEFINE THE CORPORATE
11 LIMITS PURSUANT TO INVOLUNTARY ANNEXATION; CALLING A REFERENDUM ON
12 THE QUESTION OF ANNEXATION FOR THE REGISTERED ELECTORS WITHIN THE
13 PROPERTY PROPOSED FOR ANNEXATION; PROVIDING FOR TRANSMITTAL TO
14 THE FLORIDA DEPARTMENT OF STATE, THE FLORIDA GOVERNOR'S OFFICE, AND
15 PALM BEACH COUNTY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
16 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
17 OTHER PURPOSES.
18 Mayor Reed opened the Public Hearing for Ordinance 24, 2023.
19 Petitioner presentation: None.
20 Staff presentation: Planning Manager, Martin Fitts.
21 Staff recommended approval of Ordinance 24, 2023 on first reading.
22 Public comment: Peter Banting, 11147 Monet Ridge Road, Palm Beach Gardens, Florida
23 33410.
24 City Attorney, R. Max Lohman stated the City would enter into evidence the entirety of the
25 staff report, which is in the agenda package and includes the annexation feasibility study for
26 Ordinance 24, 2023 into the record.
27 Mayor Reed closed the Public Hearing.
28 Vice Mayor Woods made a motion to approve Ordinance 24, 2023 on first reading and based
29 upon the evidence and testimony presented, make the following findings of fact and conclusions
30 of law: that all conditions precedent necessary to hold this public hearing have been fully
31 complied with pursuant to Chapter 171, Florida Statutes; and that all requirements of Section
32 171.042, Florida Statutes have been fully satisfied and complied with; and that the character of
33 the area to be annexed fully complies with the requirements set forth at Section 171.043, Florida
34 Statutes.
35 Councilmember Tinsley seconded.
36 Mayor Reed brought the item back for discussion. No further discussion.
37 Motion passed 5-0.
38 The City Clerk read Ordinance 5, 2023 by title.
39 f. ORDINANCE 5, 2023 -(1 5T READING) CITY-INITIATED LAND DEVELOPMENT TEXT
40 AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
41 BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78 ..: LAND DEVELOPMENT AT
42 ARTICLE Ill. -DEVELOPMENT REVIEW PROCEDURES BY REPEALING DIVISION 4. -
43 CITYWIDE IMPACT FEES AND MOBILITY FEES, AND READOPTING SAME, AS
44 REVISED, IN ORDER TO REVISE THE CITY'S IMPACT FEE SCHEDULE IN
45 ACCORDANCE WITH THE MOST RECENT LOCALIZED DATA FOR PARKS AND
46 RECREATION, FIRE PROTECTION/EMS, POLICE PROTECTION, AND PUBLIC
47 FACILITIES; PROVIDING FOR AND DECLARING THE EXTRAORDINARY
48 CIRCUMSTANCES THAT NECESSITATE THE ADOPTION OF THE UPDATED IMPACT
49 FEES AT THE FULLY CALCULATED RA TE AS OF THE EFFECTIVE DATE OF THIS
50 ORDINANCE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
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1 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
2 PURPOSES.
3 Mayor Reed opened the Public Hearing for Ordinance 5, 2023 .
4 Consultant presentation: Jonathan Paul, NUE Urban Concepts.
5 Staff presentation: Assistant Planning and Zoning Director, Joann Skaria.
6 Staff recommended approval of Ordinance 5, 2023 on first reading.
7 Public comment: None.
8 Mayor Reed closed the Public Hearing.
9 Vice Mayor Woods made a motion to approve Ordinance 5, 2023 on first reading and based
10 upon the testimony of Jonathan Paul and on his technical report and study, moved to make a
11 finding of extraordinary circumstances and approve Ordinance 5, 2023 on first reading.
12 Councilmember Middleton seconded.
13 Mayor Reed brought the item back for discussion. Discussion ensued.
14 Motion passed 5-0.
15 The City Clerk read Ordinance 12, 2023 by title.
16 g. ORDINANCE 12, 2023 -(2ND READING AND ADOPTION) CITY-INITIATED LAND
17 DEVELOPMENT REGULATIONS AMENDMENT. AN ORDINANCE OF THE CITY
18 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING
19 CHAPTER 78 -LAND DEVELOPMENT AT ARTICLE V. -SUPPLEMENTARY DISTRICT
20 REGULATIONS, DIVISION 5. -NATURAL RESOURCES AND ENVIRONMENTALLY
21 SIGNIFICANT LANDS, SECTION 78-249. -APPROVAL CRITERIA FOR PROPOSED
22 LAND ALTERATION. TO REMOVE REFERENCES TO THE URBAN GROWTH
23 BOUNDARY, AND AT SECTION 78-250. -PRESERVE AREA REQUIREMENTS. TO
24 ALLOWMINORALTERATIONS IN PRESERVES; PROVIDING THAT EACH AND EVERY
25 OTHER SECTION AND SUBSECTION OF CHAPTER 78 -LAND DEVELOPMENT SHALL
26 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
27 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
28 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
29 Mayor Reed opened the Public Hearing for Ordinance 12, 2023.
30 Petitioner presentation: None.
31 Staff presentation: None. No changes since first reading.
32 Staff recommended approval of Ordinance 12, 2023 on second reading and adoption.
33 Public comment: None.
34 Mayor Reed closed the Public Hearing .
35 Vice Mayor Woods made a motion to approve Ordinance 12, 2023 on second reading and
36 adoption.
37 Councilmember Tinsley seconded.
38 Mayor Reed brought the item back for discussion. No discussion.
39 Motion passed 5-0.
40 Ordinance 18, 2023 and Ordinance 19, 2023 was a combined presentation on October 5, 2023,
41 on first reading. The Clerk read the titles separately for each, and there was a separate vote for
42 Ordinance 18, 2023 and for Ordinance 19, 2023 on second reading and adoption.
43 The City Clerk read Ordinance 18, 2023 by title.
44 h. ORDINANCE 18, 2023 -(2No READING AND ADOPTION) CITY-INITIATED PETITION
45 FOR A SMALL-SCALE COMPREHENSIVE PLAN MAP AMENDMENT. AN ORDINANCE
46 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA,
47 ADOPTING A SMALL-SCALE AMENDMENT TO ITS COMPREHENSIVE PLAN FUTURE
48 LAND USE MAP IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER
49 163, FLORIDA STATUTES, PURSUANT TO APPLICATION NO . CPSS-23-08-0000 IN
50 ORDER TO CHANGE THE LAND-USE DESIGNATION OF 13.45 ACRES, MORE OR
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1 LESS, FROM PALM BEACH COUNTY COMMERCIAL HIGH WITH UNDERLYING HIGH
2 RESIDENTIAL, 12 UNITS PER ACRE (CH-12), HIGH RESIDENTIAL, 12 UNITS PER
3 ACRE (HR-12), AND RESIDENTIAL LOW, 3 UNITS PER ACRE (RL-3) TO PALM BEACH
4 GARDENS RESIDENTIAL HIGH (RH) WITH A MARINA DISTRICT OVERLAY, THE
5 SUBJECT PROPERTY BEING LOCATED ON THE SOUTHWEST CORNER OF THE
6 INTERSECTION OF PGA BOULEVARD AND ELLISON WILSON ROAD; PROVIDING
7 FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA
8 STATUTES; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF
9 ECONOMIC OPPORTUNITY (DEO); PROVIDING THAT THE FUTURE LAND USE MAP
10 OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY;
11 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
12 CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
13 Mayor Reed opened the Public Hearing for Ordinance 18, 2023.
14 Mayor Reed asked for ex parte communication for both Ordinance 18, 2023 and Ordinance 19,
15 2023.
16 Councilmember Tinsley spoke to Dan Catalfumo, Catalfumo Companies.
17 Petitioner presentation: None.
18 Staff presentation: None. No changes since first reading.
19 Staff recommended approval of Ordinance 18, 2023 on second reading and adoption.
20 Public comment: None.
21 Mayor Reed closed the Public Hearing.
22 Councilmember Premuroso made a motion to approve Ordinance 18, 2023 on second reading
23 and adoption.
24 Councilmember Tinsley seconded.
25 Mayor Reed brought the item back for discussion. No discussion.
26 Motion passed 5-0.
27 The City Clerk read Ordinance 19, 2023 by title.
28 i. *ORDINANCE 19, 2023 -(2No READING AND ADOPTION) CITY-INITIATED PETITION
29 TO REZONE 13.45 ACRES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
30 PALM BEACH GARDENS, FLORIDA, REZONING CERTAIN REAL PROPERTY, SUCH
31 PROPERTY BEING COMPRISED OF 13.45 ACRES IN SIZE, MORE OR LESS, AND
32 LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF PGA
33 BOULEVARD AND ELLISON WILSON ROAD; PROVIDING THAT THESE PARCELS OF
34 REAL PROPERTY, WHICH ARE MORE PARTICULARLY DESCRIBED HEREIN, SHALL
35 BE REZONED FROM PALM BEACH COUNTY RESIDENTIAL PLANNED UNIT
36 DEVELOPMENT (PUD) AND MULTI-FAMILY RESIDENTIAL MEDIUM DENSITY (RM)
37 TO PALM BEACH GARDENS PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH
38 AN UNDERLYING ZONING DESIGNATION OF RESIDENTIAL HIGH (RH); PROVIDING
39 THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED
40 ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
41 AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
42 PURPOSES.
43 Mayor Reed opened the Public Hearing for Ordinance 19, 2023.
44 Petitioner presentation: None.
45 Staff presentation: None. No changes since first reading.
46 Staff recommended approval of Ordinance 19, 2023 on second reading and adoption.
47 Public comment: None.
48 Mayor Reed closed the Public Hearing.
49 Councilmember Premuroso made a motion to approve Ordinance 19, 2023 on second reading
50 and adoption.
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1 Councilmember Tinsley seconded.
2 Mayor Reed brought the item back for discussion. No discussion.
3 Motion passed 5-0.
4 Ordinance 25, 2023 and Ordinance 26, 2023 was a combined presentation. The Clerk read the
5 titles separately for each, and there was a separate vote for Ordinance 25, 2023 and for
6 Ordinance 26, 2023 on first reading.
7 The City Clerk read Ordinance 25, 2023 by title.
8 j. ORDINANCE 25, 2023 -(1 5T READING) CITY-INITIATED PETITION FOR A SMALL-
9 SCALE COMPREHENSIVE PLAN MAP AMENDMENT . AN ORDINANCE OF THE CITY
10 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING A SMALL-
11 SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP IN
12 ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA
13 STATUTES, PURSUANT TO APPLICATION NO. CPSS-23-08-0001 IN ORDER TO
14 CHANGE THE LAND-USE DESIGNATION OF 29.59 ACRES, MORE OR LESS, KNOWN
15 AS THE SHOPS AT INDIAN TRAILS, FROM PALM BEACH COUNTY COMMERCIAL
16 LOW WITH UNDERLYING RURAL RESIDENTIAL, ONE (1) UNIT PER FIVE (5) ACRES
17 (CL/RR-5), TO PALM BEACH GARDENS COMMERCIAL (C), THE SUBJECT
18 PROPERTY BEING LOCATED ON THE SOUTHWEST CORNER OF THE
19 INTERSECTION OF NORTHLAKE BOULEVARD AND COCONUT BOULEVARD;
20 PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163,
21 FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE FLORIDA
22 DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO); PROVIDING THAT THE
23 FUTURE LAND USE MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED
24 ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
25 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
26 PURPOSES.
27 Mayor Reed opened the Public Hearing for Ordinance 25, 2023.
28 Mayor Reed asked for ex parte communication for the combined presentation.
29 No ex parte communication declared.
30 Petitioner presentation: None.
31 Staff presentation: Director of Planning and Zoning, Natalie Crowley.
32 Staff recommended approval of Ordinance 25, 2023 on first reading.
33 Public comment: None.
34 Mayor Reed closed the Public Hearing .
35 Councilmember Tinsley made a motion to approve Ordinance 25, 2023 on first reading.
36 Councilmember Middleton seconded.
37 Mayor Reed brought the item back for discussion. No discussion.
38 Motion passed 5-0.
39 The City Clerk read Ordinance 26, 2023 by title.
40 k. *ORDINANCE 26, 2023 -(1 sr READING) CITY-INITIATED PLANNED UNIT
41 DEVELOPMENT (PUD) REZONING. AN ORDINANCE OF THE CITY COUNCIL OF THE
42 CITY OF PALM BEACH GARDENS, FLORIDA, ASSIGNING A CITY ZONING
43 DESIGNATION TO CERTAIN REAL PROPERTY, SUCH PROPERTY BEING
44 COMPRISED OF 29.59 ACRES IN SIZE, MORE OR LESS, KNOWN AS THE SHOPS AT
45 INDIAN TRAILS, AND LOCATED ON THE SOUTHWEST CORNER OF THE
46 INTERSECTION OF NORTHLAKE BOULEVARD AND COCONUT BOULEVARD;
47 PROVIDING THAT THESE PARCELS OF REAL PROPERTY, WHICH ARE MORE
48 PARTICULARLY DESCRIBED HEREIN, SHALL BE REZONED FROM PALM BEACH
49 COUNTY MULTIPLE USE PLANNED DEVELOPMENT (MUPD) TO PALM BEACH
50 GARDENS PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
11-02-23
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1 ZONING DESIGNATION OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE
2 ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED
3 ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
4 AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
5 PURPOSES.
6 Mayor Reed opened the Public Hearing for Ordinance 26, 2023.
7 Mayor Reed asked for ex parte communication.
8 No ex parte communication declared.
9 Petitioner presentation: None.
10 Staff presentation: Director of Planning and Zoning, Natalie Crowley.
11 Staff recommended approval of Ordinance 26, 2023 on first reading.
12 Public comment: None.
13 Mayor Reed closed the Public Hearing.
14 Councilmember Tinsley made a motion to approve Ordinance 26, 2023 on first reading.
15 Councilmember Middleton seconded.
16 Mayor Reed brought the item back for discussion. No discussion.
17 Motion passed 5-0.
18 The City Clerk read Ordinance 27, 2023 by title.
19 I. ORDINANCE 27, 2023-(1 5 T READING) A LAND DEVELOPMENT REGULATIONS (LOR)
20 TEXT AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
21 BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78 -LAND DEVELOPMENT AT
22 SECTION 78-221 . -PGA BOULEVARD CORRIDOR OVERLAY. BY REPEALING
23 SUBSECTION (d)(1)b.1.(iii) AND READOPTING SAME, AS REVISED, TO PERMIT
24 "HEAL TH, PHYSICAL FITNESS, WEIGHT REDUCTION, AND SPA" AS A MAJOR
25 CONDITIONAL USE IN THE PGA BOULEVARD CORRIDOR OVERLAY; PROVIDING
26 EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78 -LAND
27 DEVELOPMENT SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
28 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
29 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
30 PURPOSES.
31 Mayor Reed opened the Public Hearing for Ordinance 27, 2023.
32 Petitioner presentation: None.
33 Staff presentation: Principal Planner, Olivia Ellison.
34 Staff recommended approval of Ordinance 27, 2023 on first reading.
35 Public comment: None.
36 Mayor Reed closed the Public Hearing.
37 Councilmember Tinsley made a motion to approve Ordinance 27, 2023 on first reading.
38 Councilmember Premuroso seconded.
39 Mayor Reed brought the item back for discussion. No discussion.
40 Motion passed 5-0.
41 The City Clerk read Ordinance 28, 2023 by title.
42 m. ORDINANCE 28, 2023 -(2N° READING AND ADOPTION) AMENDING CHAPTER 62,
43 STREETS, SIDEWALKS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
44 PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 62 -STREETS,
45 SIDEWALKS, AND CERTAIN OTHER PUBLIC PLACES BY ADOPTING NEW SECTION
46 62-33. ENTITLED "STREETLIGHTS IN NON-CITY-OWNED RIGHTS-OF-WAY";
47 PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
48 CHAPTER 62 -STREETS, SIDEWALKS, AND CERTAIN OTHER PUBLIC PLACES
49 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
11-02-23
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1 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
2 CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES .
3 Mayor Reed opened the Public Hearing for Ordinance 28, 2023.
4 Petitioner presentation: None .
5 City Attorney, R Max Lohman stated no changes since first reading.
6 Staff recommended approval of Ordinance 28, 2023 on second reading and adoption.
7 Public comment: None.
8 Mayor Reed closed the Public Hearing.
9 Councilmember Premuroso made a motion to approve Ordinance 28, 2023 on second reading
10 and adoption.
11 Councilmember Tinsley seconded.
12 Mayor Reed brought the item back for discussion. No discussion .
13 Motion passed 5-0.
14 The City Clerk read Ordinance 29, 2023 by title.
15 n. ORDINANCE 29, 2023 -(1 8T READING) PROHIBITION OF VIDEO AND SOUND
16 RECORDING IN PUBLIC, NONPUBLIC, AND LIMITED PUBLIC FORUMS. AN
17 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
18 FLORIDA, AMENDING CHAPTER 42 -OFFENSES AT ARTICLE I. -GENERAL
19 OFFENSES BY ADOPTING NEW SECTION 42-4. ENTITLED "CONTROL OF ACCESS
20 TO CITY-OWNED, CONTROLLED, AND LEASED PROPERTY" IN ORDER TO
21 IMPLEMENT REGULATIONS RELATED TO PUBLIC ACCESS TO SUCH PROPERTIES ,
22 PERMIT AND PROHIBIT CONDUCT WITHIN SAME, AND AUTHORIZE THE CITY
23 MANAGER TO MANAGE SUCH PROPERTIES; PROVIDING THAT EACH AND EVERY
24 OTHER SECTION AND SUBSECTION OF CHAPTER 42 -OFFENSES SHALL REMAIN
25 IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
26 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
27 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
28 Mayor Reed opened the Public Hearing for Ordinance 29 , 2023.
29 Petitioner presentation: None.
30 City Attorney, R. Max Lohman provided explanation.
31 Staff recommended approval of Ordinance 29, 2023 on first reading.
32 Public Comment: None .
33 Mayor Reed closed the Public Hearing.
34 Vice Mayor Woods made a motion to approve Ordinance 29, 2023 on first reading .
35 Councilmember Middleton seconded.
36 Mayor Reed brought the item back for discussion. Discussion ensued.
37 Motion passed 5-0.
38 IX. RESOLUTIONS
39 The City Clerk read Resolution 67, 2023 by title.
40 a. RESOLUTION 67, 2023-EXPRESSING THE CITY'S SUPPORT FOR THE STATE OF
41 ISRAEL. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
42 GARDENS, FLORIDA, EXPRESSING THE CITY'S SUPPORT FOR THE STATE OF
43 ISRAEL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
44 Petitioner presentation: None.
45 Staff presentation: None.
46 Public comment: *Lawrence Milstein, 497 Capistrano Drive, Palm Beach Gardens, Florida
47 33410 *(made under section V. Comments from the Public).
48 Councilmember Tinsley made a motion to approve Resolution 67, 2023.
49 Councilmember Middleton seconded.
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1 Mayor Reed brought the item back for discussion. Discussion ensued.
2 Motion passed 5-0.
3 X. ITEMS FOR COUNCIL ACTION/DISCUSSION AND ITEMS OF INTEREST:
4 Councilmember Tinsley thanked staff for Resolution 67, 2023 and wished everyone a Happy
5 Thanksgiving.
6 Councilmember Premuroso concurred.
7 Mayor Reed thanked the Recreation Department for their work coordinating the Fall Festival
8 and the Public Relations Department for broadcasting it. Approximately 11,000 people attended
9 the event.
10 XI. CITY ATTORNEY REPORT
11 None.
12
l 3 (J'he remainder of this page intentionally left blank.)
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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XII. ADJOURNMENT
The meeting adjourned at 9:35 p.m.
The next regularly scheduled City Council meeting will be held on December 6, 2023.
APPROVED:
ATTEST:
Patricia Snider, CMC
City Clerk
Carl W. Woods, Vice Mayor
~
Marcie Tinsley, Councilmember
Robert G. Premuroso, Councilmember
8~W9 SC::
Dana P. Middleton, Councilmember
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of
the meeting. A verbatim audio record is available from the Office of the City Clerk.
All referenced attachments are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
11-02-23
PAGE 13