HomeMy WebLinkAboutMinutes Council 1206231 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 December 6, 2023
5
6 Th e reg ula r meeting was called to order at 6:00 p.m. by Mayor Reed .
7 I. PLEDGE OF ALLEGIANCE
8 Mayor Reed asked for a moment of silence in honor of Palm Tran Executi ve Director, Clinton
9 Forbes who passed away on November 2 , 2023.
10 II. ROLL CALL
11 PRESENT: Mayor Reed , Vice Mayor Woods , Counc ilm ember Tinsley, Councilmem ber
12 Premuroso , Councilmember Middleton.
13 ABSENT: None.
14 III. ADDITIONS, DELETIONS, MODIFICATIONS
15 None.
16 IV.ANNOUNCEMENTS AND PRESENTATIONS
17 None.
18 V. COMMENTS FROM THE PUBLIC
19 None .
20 VI. CITY MANAGER REPORT
21 City Manager, Ron Ferris reported on the City 's asset recovery program for fiscal year 2022-
22 2023 through the Public Services Fleet Department. A total of 146 sales occurred , recovering
23 over $335,000 to the City. Thirty -four of those items so ld were fleet vehicles , which resulted in
24 over $229 ,000 cred it ed to the fleet reserve fund. In ad dition, leases for 37 vehicles were
25 terminated , and these vehicles were then so ld by the vendor. Equi ty returned to the City by these
26 approximated $744 ,000. Also , a collective effort made by the Public Serv ic es Department to
27 recycle and se ll 44 tons of steel and non-ferrous metals to a scrap recycling center netted over
28 $10 ,000. Overall , a cumulative total of more than $1 million was recaptured by the City .
29 Recognition was given to Deputy Community Services Administrator, Joe Corrao ,
30 Operations Manager Fleet, Chris Denhart, Fleet Crew Chief, Alice Saroka and Fleet staff
31 for their efforts in maximizing the value of end -of-li fe assets through divestment. Continuing
32 his report, h e announced the Love Serving Auti sm (LSA) organization recognized the Palm
33 Beach Gardens Tennis & Pickleball Center as Public Tennis Center of the Year. Since 20 18 ,
34 the program has hosted over 100 families with special needs , offers pickleball classes , and is a
35 training site for the Special Olympics pickleball team. In addition , he noted the artistic bus
36 shelter on N . Military Trail , north of Ho ll y Drive , is completed and located across from Palm
3 7 Beach Gardens High Sc hoo l. There are 17 artistic bus shelt ers in the City and three others for a
3 8 total of 20 artistic bus shelters . Thi s is an ongoing program , providing shade and shelter. He
39 reported on the 17th Annual "Little Mo" Internationals Tennis Tournament held on December
40 1-7 , 2023, which had a total of700 players , ages 8-12 , participating from over 60 countries and
41 29 states . "Little Mo " tournaments are designed to provide competition at the reg ional , national ,
42 and international leve l, while also enco uraging players to deve lop new friendships, learn good
43 sportsmanship , and have fun.
44 VII. CONSENT AGENDA
45 a. APPROVE MINUTES FROM THE NOVEMBER 2 , 2023 , CITY COUNCIL MEETING .
46 b. RESOLUTION 69 , 2023 -ADDITIONAL SPECIAL EVENTS AT AL TON TOWN CENTER.
47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS ,
48 FLORIDA , APPROVING ADDITIONAL SPECIAL EVENTS FOR THE AL TON TOWN
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1 CENTER , LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF
2 DONALD ROSS ROAD AND AL TON ROAD WITHIN PARCEL C OF THE AL TON
3 PLANNED COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY
4 DESCRIBED HEREIN ; PROVIDING CONDITIONS OF APPROVAL ; PROVIDING AN
5 EFFECTIVE DATE ; AND FOR OTHER PURPOSES.
6 c. RESOLUTION 71 , 2023 -AVENIR PARCEL D PLAT. A RESOLUTION OF THE CITY
7 COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA , APPROVING THE
8 PLAT OF AVENIR PARCEL D WITHIN THE AVENIR PLANNED COMMUNITY
9 DEVELOPMENT (PCD); PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER
10 PURPOSES.
11 d . PROCLAMATION-ACTIVE PEOPLE, HEALTHY NATION MONTH .
12 Councilmember Tinsley made a motion to approve the Consent Agenda.
13 Councilmember Premuroso seconded.
14 Motion passed 5-0.
15 VIII. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
16 Those preparing to give testimony were sworn in.
17 The City Clerk read Ordinance 30, 2023 by title.
18 a. *ORDINANCE 30 , 2023-(1 5T READING) REQUEST FOR VOLUNTARY ANNEXATION.
19 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM BEACH GARDENS ,
20 FLORIDA , ANNEXING , PURSUANT TO A PETITION FOR VOLUNTARY ANNEXATION ,
21 EIGHT (8) PARCELS OF REAL PROPERTY COMPRISING A TOTAL OF 4.59 ACRES ,
22 MORE OR LESS , LOCATED APPROXIMATELY 0.21 MILES SOUTH OF THE
23 INTERSECTION OF PGA BOULEVARD AND ELLISON WILSON ROAD IN PALM
24 BEACH COUNTY , FLORIDA , AS MORE PARTICULARLY DESCRIBED HEREIN AND
25 AS DEPICTED ON THE MAP ATTACHED HERETO ; DECLARING THAT THE
26 VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURES OF THE OWNERS
27 OF THE REAL PROPERTY ANNEXED HEREBY ; AMENDING ARTICLE 11 OF THE CITY
28 CHARTER BY REDEFINING THE CORPORATE LIMITS ; PROVIDING FOR
29 TRANSMITTAL TO THE FLORIDA DEPARTMENT OF STATE , THE PALM BEACH
30 COUNTY CLERK OF COURT , AND PALM BEACH COUNTY ; PROVIDING A
31 CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY;
32 PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES .
33 Mayor Reed opened the Public Hearing for Ordinance 30 , 2023.
34 Mayor Reed asked for ex parte communication.
35 Councilmember Tinsley spoke with Cortie Rankin , owner repre se ntative ; Joey Eichner and
36 Dan Catalfumo , Catalfumo Companies .
37 Petitioner presentation: None .
38 Staff presentation: Planning Manager, Martin Fitts.
39 Staffrecommended approval of Ordinance 30 , 2023 on first reading.
40 Public Comment: None .
41 Mayor Reed closed the Public Hearing .
42 Councihnember Tinsley made a motion to approve Ordinance 30, 2023 on first reading.
43 Councilmember Middleton seconded.
44 Mayor Reed brought the item back for discussion . No discussion.
45 Motion passed 5-0.
46 Ordinance 20, 2023, Ordinance 21, 2023, Ordinance 22, 2023 , Ordinance 23, 2023 , and
47 Ordinance 24, 2023 were presented in a combined presentation.
48 Mayor Reed asked for ex parte communication for the combined pre se ntation of Ordinance 20 ,
49 2023 , Ordinance 21, 2023 , Ordinance 22 , 2023 , Ordinance 23, 2023, and Ordinance 24, 2023 .
50 No ex parte communication declared .
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1 The City Clerk read Ordinance 20 , 2023 by title.
2 b. *ORDINANCE 20 , 2023 -(2N D READING AND ADOPTION) REQUEST FOR
3 ANNEXATION OF APPROXIMATELY 1,193 .58 ACRES . AN ORDINANCE OF THE CITY
4 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING A
5 CONTIGUOUS AND COMPACT AREA OF UNINCORPORATED REAL PROPERTY
6 COMPRISING A TOTAL OF 1193 .58 ACRES , MORE OR LESS , WHICH INCLUDES , BUT
7 IS NOT LIMITED TO , THE COMMUNITIES OF "CABANA COLONY , CRYSTAL POINTE ,
8 HIDDEN KEY , FRENCHMEN 'S LANDING , PLEASANT RIDGE , CAPTAIN 'S KEY ,
9 MARINER 'S COVE , AND THE MAHEU SUBDIVISION ," IN ACCORDANCE WITH
10 SECTION 171 .0413 , FLORIDA STATUTES , SUCH PARCELS BEING GENERALLY
11 LOCATED NORTH OF PGA BOULEVARD , EAST OF ALTERNATE A1A , WEST OF
12 LITTLE LAKE WORTH , AND SOUTH OF DONALD ROSS ROAD , AS MORE
13 PARTICULARLY DESCRIBED HEREIN AND AS DEPICTED ON THE MAP ATTACHED
14 HERETO ; AMENDING ARTICLE II OF THE CITY CHARTER TO REDEFINE THE
15 CORPORATE LIMITS PURSUANT TO INVOLUNTARY ANNEXATION ; CALLING A
16 REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED
17 ELECTORS WITHIN THE PROPERTY PROPOSED FOR ANNEXATION; PROVIDING
18 FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF STATE, THE FLORIDA
19 GOVERNOR 'S OFFICE , AND PALM BEACH COUNTY ; PROVIDING A CONFLICTS
20 CLAUSE , A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY ; PROVIDING AN
2 1 EFFECTIVE DATE ; AND FOR OTHER PURPOSES.
22 Mayor Reed opened the Public Hearing for Ordinance 20 , 2023.
23 Petitioner presentation: None.
24 Staff presentation: Planning Manager, Martin Fitts.
25 Staff recommended approval of Ordinance 20 , 2023 on second readi ng and adoption.
26 Public comment: Katharine Murray, 11597 Landi ng Place , North Palm Beach, Florida 33408;
27 Dennis Matarese , 13457 William Myers Court , Palm Beach Garde ns, Flo rida 33410; Darlene
28 Jones , 2391 Country Oaks Lane , Palm Beach Gardens , Florid a 33410 ; Rocco Lodise, 1865
29 Pleasant Drive , North Palm Beach, Florida 33408 ; Nancy Lodise, 1865 Pleasant Drive , North
30 Palm Beach , Florid a 33408 ; Nicholas Gieseler, 819 S. Federal Highway , Suite 300 , Stuart,
3 1 Florida 34994; Mary Huser D' Angelo , 11830 Lake Shore Place, North Palm Beach, Florida
32 33408; Tanya Tyson , 3106 Grove Road , Palm Beach Gardens , Florida 334 1 0; Sharon
33 Kavney , 12216 Co lon y Avenue, Palm Beach Gardens , Flo ri da 33410; Sonia Gonzalez , 12241
34 Co lony Avenue , Palm Beach Gardens , Florida 334 10 ; Holly Finch , 11 639 Landing Place ,
35 North Palm Beach, Florid a 33408; Bettina Godziszewski, 19 21 Kathy Lane , North Palm
36 Beach, Florid a 33408 ; Celeste Colliton , 11660 Landing Place, North Palm Beach, Florida
37 33408; Margo Sailor, 341 1 Flori da Boulevard , Palm Beach Gardens , Florid a 33410; Michael
38 Hole, 12892 Inshore Drive, West Palm Beach , Florida 334 10 ; William Lapinsky, 2634 Lone
39 Pine Road , Palm Beach Gardens, Florida 33410; Lorraine Wofford , 2692 Lone Pine Road ,
40 West Palm Beach, Florida 3341 0; Barry Paraizo , 11758 Lake Shore Place , North Palm Beach,
41 Florid a 33408; Patricia Humphries , 22 75 North Wallen Drive, Palm Beach Gardens, Florid a
42 334 10 ; Chuck Jones , 22 75 North Wallen Drive, Palm Beach Gardens , Florid a 33 410 ; Joseph
43 D' Angelo , 118 30 Lake Shore Place , North Palm Beach, Florid a 33408; Melissa Wiegand ,
44 2059 Pleasant Drive, North Palm Beach, Florid a 33408 ; David Brady , 2106 Pleasant Drive ,
45 North Palm Beach, Florida 33408; Lynn Brady , 2106 Pleasant Drive, North Palm Beach,
46 Florida 33408; Charles Hollings , 1679 Pleasant Drive , North Palm Beach, Florida 33408 ;
47 Scott Lamberson , 2433 Hope Lane , Palm Beach Gardens , Florid a 33410; Kathleen McBride,
48 3 762 Florida Boulevard , Palm Beach Gardens , Florida 334 1 0; Daniel Sehayik, 12300 Alternate
49 Al A Highway , Palm Beach Gardens , Florida 33410 ; Barbara Gerth , 2578 Venice Drive , Palm
50 Beach Gardens , Florida 334 10 ; Sara Williamson , 11855 Elli son Wilson Road , Juno Beach,
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1 Florida 33408; Jay Williams , 1881 Kathy Lane , North Palm Beach, Florida 33408; Bob
2 Minkewicz, 1843 Kathy Lane , North Palm Beach, Florida 33408.
3 City Attorney , R. Max Lohman provided explanation and stated the City would incorporate
4 the entirety of the staff report , which is in th e agenda package and includes the annexation
5 feasib ility study for Ordinance 20 , 2023 into th e record.
6 Mayor Reed closed the Public Hearing .
7 Vice Mayor Woods made a motion to approve Ordinance 20, 2023 as presented on second and
8 final reading base d upon the fo ll owing find ings of fact and conclus ions of law : that all
9 requirements of Section 171.042 , Florida Statutes have been fully satisfied and comp li ed with
10 and that the character of the area to be annexed fully comp li es with the req ui rements set forth
11 at Section 171.043, Florida Statutes.
12 Councilmember Middleton seconded.
13 Mayor Reed brought the it em back for discussion. Discussion ensued.
14 Motion passed 5-0 .
15 The City Clerk read Ord in ance 2 1, 2023 by title .
16 c . *ORDINANCE 21 , 2023 -(2ND READING AND ADOPTION) REQUEST FOR
17 ANNEXATION OF APPROXIMATELY 20 .27 ACRES. AN ORDINANCE OF THE CITY
18 COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA , ANNEXING A
19 CONTIGUOUS AND COMPACT AREA OF UNINCORPORATED REAL PROPERTY
20 COMPRISING A TOTAL OF 20 .27 ACRES , MORE OR LESS , COMMONLY KNOWN AS
2 1 THE "ELLISON WILSON PARCELS ," IN ACCORDANCE WITH SECTION 171 .0413 ,
22 FLORIDA STATUTES , SUCH PARCELS BEING GENERALLY LOCATED SOUTH OF
23 PGA BOULEVARD , EAST OF THE INTRACOASTAL WATERWAY , AND WEST OF
24 ELLISON WILSON ROAD , AS MORE PARTICULARLY DESCRIBED HEREIN AND AS
25 DEPICTED ON THE MAP ATTACHED HERETO ; AMENDING ARTICLE II OF THE CITY
26 CHARTER TO REDEFINE THE CORPORATE LIMITS PURSUANT TO INVOLUNTARY
27 ANNEXATION; CALLING A REFERENDUM ON THE QUESTION OF ANNEXATION FOR
28 THE REGISTERED ELECTORS WITHIN THE PROPERTY PROPOSED FOR
29 ANNEXATION; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF
30 STATE , THE FLORIDA GOVERNOR 'S OFFICE , AND PALM BEACH COUNTY ;
31 PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND AUTHORITY TO
32 CODIFY ; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES .
33 Mayor Reed opened the Public Hearing for Ordinance 21 , 2023.
34 Petitioner presentation: None.
35 Staff presentation: Planning Manager, Martin Fitts.
36 Staff recommended approval of Ordinance 21, 2023 on second reading and adoption.
37 Public comment: Patricia Goff, 1901 Wheeler Road , North Palm Beach, Florida 33408 .
38 City Attorney, R . Max Lohman stated the City would enter the entirety of the staff report ,
3 9 which is in the agenda package an d includes the annexation feasibility study for Ordinance 21 ,
40 2023 into the record.
41 Mayor Reed closed the Public Hearing.
42 Vice Mayor Woods made a motion to approve Ordinance 21 , 2023 as presented on second and
43 final reading based upon the fo llo wing findings of fact and conclusions of law: that all
44 req ui rements of Section 171.042 , Florida Statutes have been fully satisfied and complied with
45 and that the character of the area to be annexed full y comp li es with the requirements set forth
46 at Section 171. 04 3, Florida Statutes .
47 Councilmember Middleton seconded.
48 Mayor Reed brought the item back for discussion. Discussion ensued.
49 Motion passed 5-0.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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1 The City Clerk read Ordinance 22 , 2023 by t itl e.
2 d. *ORDINANCE 22 , 2023 -(2ND READING AND ADOPTION) REQUEST FOR
3 ANNEXATION OF APPROXIMATELY 31.25 ACRES . AN ORDINANCE OF THE CITY
4 COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA , ANNEXING A
5 CONTIGUOUS AND COMPACT AREA OF UNINCORPORATED REAL PROPERTY
6 COMPRISING A TOTAL OF 31 .25 ACRES, MORE OR LESS , COMMONLY KNOWN AS
7 "PIRATE'S COVE ," IN ACCORDANCE WITH SECTION 171.0413 , FLORIDA STATUTES ,
8 SUCH PARCELS BEING GENERALLY LOCATED SOUTH OF PGA BOULEVARD , WEST
9 OF THE INTRACOASTAL WATERWAY , AND NORTH OF CANAL ROAD , AS MORE
10 PARTICULARLY DESCRIBED HEREIN AND AS DEPICTED ON THE MAP ATTACHED
11 HERETO ; AMENDING ARTICLE II OF THE CITY CHARTER TO REDEFINE THE
12 CORPORATE LIMITS PURSUANT TO INVOLUNTARY ANNEXATION ; CALLING A
13 REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED
14 ELECTORS WITHIN THE PROPERTY PROPOSED FOR ANNEXATION; PROVIDING
15 FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF STATE , THE FLORIDA
16 GOVERNOR 'S OFFICE, AND PALM BEACH COUNTY ; PROVIDING A CONFLICTS
17 CLAUSE , A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY ; PROVIDING AN
18 EFFECTIVE DATE; AND FOR OTHER PURPOSES .
19 Mayor Reed opened the Public Hearing for Ordinance 22, 2023.
20 Petitioner presentation: None.
21 Staff presentation: Planning Manager, Martin Fitts .
22 Staff recommended approval of Ordinance 22 , 2023 on second reading and adoption .
23 Public comment: None .
24 City Attorney, R. Max Lohman stated the City would enter into the entirety of the staff report,
25 which is in the agenda package and includes the annexation feasibility study for Ordinance 22 ,
26 2023 into the record.
27 Mayor Reed closed the Public Hearing.
28 Vice Mayor Woods made a motion to approve Ordinance 22 , 2023 as presented on second and
29 final reading based upon the following findings of fact and conclusions of law: that all
30 requirements of Section 171.042 , Florida Statutes have been fully satisfied and complied with
31 and that the character of the area to be annexed fully complies with the requirements set forth
32 at Section 171.043 , Florida Statutes.
33 Councilmember Middleton seconded .
34 Mayor Reed brought the item back for discussion. No further discussion.
35 Motion passed 5-0 .
36 The City Clerk read Ordinance 23 , 2023 by title .
37 e . *ORDINANCE 23 , 2023 -(2ND READING AND ADOPTION) REQUEST FOR
38 ANNEXATION OF APPROXIMATELY 32 .92 ACRES . AN ORDINANCE OF THE CITY
39 COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, ANNEXING A
40 CONTIGUOUS AND COMPACT AREA OF UNINCORPORATED REAL PROPERTY
41 COMPRISING A TOTAL OF 32 .92 ACRES , MORE OR LESS , COMMONLY KNOWN AS
42 "MONET ACRES ," IN ACCORDANCE WITH SECTION 171 .0413 , FLORIDA STATUTES,
43 SUCH PARCELS BEING GENERALLY LOCATED ON THE NORTHWEST CORNER OF
44 THE INTERSECTION OF PROSPERITY FARMS ROAD AND RCA BOULEVARD , 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
50 FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF STATE, THE FLORIDA
51 GOVERNOR 'S OFFICE , AND PALM BEACH COUNTY ; PROVIDING A CONFLICTS
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1 CLAUSE , A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY ; PROVIDING AN
2 EFFECTIVE DATE ; AND FOR OTHER PURPOSES .
3 Mayor Reed opened the Public Hearing for Ordinance 23 , 2023.
4 Petitioner presentation: None.
5 Staff presentation: Planning Manager, Martin Fitts.
6 Staff recommended approval of Ordinance 23 , 2023 on second reading and adoption.
7 Public comment: None.
8 City Attorney, R. Max Lohman stated the City would enter the entirety of the staff report ,
9 which is in the agenda package and includes the annexation feasibi li ty study for Ordinance 23 ,
10 2023 into the record .
11 Mayor Reed closed the Public Hearing.
12 Vice Mayor Woods made a motion to approve Ordinance 23 , 2023 as presented on second and
13 final reading based upon the following findings of fact and conclusions of law: that all
14 requirements of Sec ti on 171.042 , Florida Statutes have been fully satisfied and comp li ed with
15 and that the character of the area to be annexed fu ll y comp li es with the requirements set forth
16 at Section 1 71 . 04 3, Florida Statutes.
17 Councilmember Middleton seconded .
18 Mayor Reed brought the item back for discussion . No fwthe r discussion.
19 Motion passed 5-0.
20 The City Clerk read Ordinance 24 , 2023 by title.
21 f . *ORDINANCE 24 , 2023 -(2ND READING AND ADOPTION) REQUEST FOR
22 ANNEXATION FOR APPROXIMATELY 38 .71 ACRES . AN ORDINANCE OF THE CITY
23 COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA , ANNEXING A
24 CONTIGUOUS AND COMPACT AREA OF UNINCORPORATED REAL PROPERTY
25 COMPRISING A TOTAL OF 38 .71 ACRES , MORE OR LESS , COMMONLY KNOWN AS
26 "MONET GARDENS ," IN ACCORDANCE WITH SECTION 171 .0413, FLORIDA
27 STATUTES , SUCH PARCELS BEING GENERALLY LOCATED NORTH OF RCA
28 BOULEVARD, SOUTH OF FAIRCHILD AVENUE , AND EAST OF FAIRCHILD GARDENS
29 AVENUE , AS MORE PARTICULARLY DESCRIBED HEREIN AND AS DEPICTED ON
30 THE MAP ATTACHED HERETO ; AMENDING ARTICLE II OF THE CITY CHARTER TO
31 REDEFINE THE CORPORATE LIMITS PURSUANT TO INVOLUNTARY ANNEXATION ;
32 CALLING A REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE
33 REGISTERED ELECTORS WITHIN THE PROPERTY PROPOSED FOR ANNEXATION ;
34 PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF STATE , THE
35 FLORIDA GOVERNOR 'S OFFICE , AND PALM BEACH COUNTY; PROVIDING A
36 CONFLICTS CLAUSE , A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
37 PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES .
38 Mayor Reed opened the Public Hearing for Ordinance 24 , 2023.
39 Petitioner presentation: None .
40 Staff presentation: Planning Manager, Martin Fitts.
41 Staff recommended approval of Ordinance 24 , 2023 on second reading and adoption.
42 Public comment: None .
43 City Attorney, R. Max Lohman stated the City would enter the entirety of the staff report ,
44 which is in the agenda package and includes the annexation feasibility study for Ordinance 24 ,
45 2023 into the record.
46 Mayor Reed closed the Public Hearing.
47 Vice Mayor Woods made a motion to approve Ordinance 24 , 2023 as presented on second and
48 final reading based upon the following findings of fact and conclusions of law: that all
49 requirements of Section 171 .042 , Florida Statutes have been fully satisfied and complied with
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1 and that the character of the ar ea to be annexed fully comp li es with the requirements set forth
2 at Section 171.04 3, Florida Statutes .
3 Co uncilmemb er Middleton seco nd ed.
4 Mayor R eed brou ght the item back for di sc ussio n. No further discussion.
5 Motion passed 5-0.
6 The City Clerk read Ordinance 5, 2023 by title .
7 g . ORDINANCE 5, 2023 -(2N° READING AND ADOPTION) CITY-INITIATED LAND
8 DEVELOPMENT TEXT AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF
9 THE CITY OF PALM BEACH GARDENS , FLORIDA , AMENDING CHAPTER 78 -LAND
10 DEVELOPMENT AT ARTICLE Ill. -DEVELOPMENT REVIEW PROCEDURES BY
11 REPEALING DIVISION 4 . -CITYWIDE IMPACT FEES AND MOBILITY FEES , AND
12 READOPTING SAME , AS REVISED , IN ORDER TO REVISE THE CITY 'S IMPACT FEE
13 SCHEDULE IN ACCORDANCE WITH THE MOST RECENT LOCALIZED DATA FOR
14 PARKS AND RECREATION , FIRE PROTECTION/EMS , POLICE PROTECTION , AND
15 PUBLIC FACILITIES ; PROVIDING FOR AND DECLARING THE EXTRAORDINARY
16 CIRCUMSTANCES THAT NECESSITATE THE ADOPTION OF THE UPDATED IMPACT
17 FEES AT THE FULLY CALCULATED RATE AS OF THE EFFECTIVE DATE OF THIS
18 ORDINANCE ; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND
19 AUTHORITY TO CODIFY ; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER
20 PURPOSES .
21 Mayor Re ed opened the Pu blic Hearing for Ordinance 5, 2023.
22 Consultant presentation: None . No changes sin ce first read in g.
23 Staff pre sentation : None.
24 Assistant Planning and Zoning Director, Joann Skaria provided a recap of Ordinance 5,
25 2023. Staff recommended approval of Ordinance 5, 2023 on seco nd reading and adoption.
26 Public comment: None .
27 Mayor Reed closed the Public Hearing.
28 Councilmember Premuroso made a motion to approve Ordinance 5, 2023 on second readin g
29 and adoption.
30 Councilmember T in sley seconded.
3 1 Mayor Re ed brou ght the item back for discussion. No di sc u ssion.
32 Motion passed 5-0.
33 Ordinance 25, 2023 and Ordinance 26 , 2023 were a combined presentation. The Clerk r ead th e
34 titl es se parately for each , and there was a separate vote for Ordinance 25, 2023 and for
35 Ordinance 26 , 2023 on second reading an d adoption.
36 Mayor Reed asked for ex parte cornnmnication for th e combined presentation.
37 No ex parte communication declared .
38 The City Clerk read Ordinance 25, 2023 by title .
39 h. ORDINANCE 25 , 2023 -(2N° READING AND ADOPTION) CITY-INITIATED PETITION
40 FOR A SMALL-SCALE COMPREHENSIVE PLAN MAP AMENDMENT. AN ORDINANCE
41 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA,
42 ADOPTING A SMALL-SCALE AMENDMENT TO THE COMPREHENSIVE PLAN
4 3 FUTURE LAND USE MAP IN ACCORDANCE WITH THE MANDATES SET FORTH IN
44 CHAPTER 163 , FLORIDA STATUTES , PURSUANT TO APPLICATION NO . CPSS-23-08-
45 0001 IN ORDER TO CHANGE THE LAND-USE DESIGNATION OF 29 .59 ACRES , MORE
46 OR LESS , KNOWN AS THE SHOPS AT INDIAN TRAILS , FROM PALM BEACH COUNTY
47 COMMERCIAL LOW WITH UNDERLYING RURAL RESIDENTIAL , ONE (1) UNIT PER
48 FIVE (5) ACRES (CL/RR-5), TO PALM BEACH GARDENS COMMERCIAL (C), THE
49 SUBJECT PROPERTY BEING LOCATED ON THE SOUTHWEST CORNER OF THE
50 INTERSECTION OF NORTHLAKE BOULEVARD AND COCONUT BOULEVARD ;
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1 PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163 ,
2 FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE FLORIDA
3 DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO); PROVIDING THAT THE
4 FUTURE LAND USE MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED
5 ACCORDINGLY ; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND
6 AUTHORITY TO CODIFY ; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER
7 PURPOSES .
8 Mayor Reed opened the Public Hearing for Ordinance 25 , 2023.
9 Petitioner presentation: None.
10 Staff presentation: None. No changes since first reading.
11 Staff recommended approval of Ordinance 25 , 2023 on second reading and adoption.
12 Public comment: None.
13 Mayor Reed closed the Public Hearing.
14 Councilmember Premuroso made a motion to approve Ordinance 25, 2023 on second reading
15 and adoption.
16 Councilmember Tinsley seconded.
17 Mayor Reed brought the item back for discussion. No discussion .
18 Motion passed 5-0.
19 The City Clerk read Ordinance 26 , 2023 by title.
20 i. *ORDINANCE 26 , 2023 -(2ND READING AND ADOPTION) CITY-INITIATED PLANNED
21 UNIT DEVELOPMENT (PUD) REZONING . AN ORDINANCE OF THE CITY COUNCIL OF
22 THE CITY OF PALM BEACH GARDENS , FLORIDA , ASSIGNING A CITY ZONING
23 DESIGNATION TO CERTAIN REAL PROPERTY , SUCH PROPERTY BEING
24 COMPRISED OF 29.59 ACRES IN SIZE , MORE OR LESS , KNOWN AS THE SHOPS AT
25 INDIAN TRAILS, AND LOCATED ON THE SOUTHWEST CORNER OF THE
26 INTERSECTION OF NORTHLAKE BOULEVARD AND COCONUT BOULEVARD ;
27 PROVIDING THAT THESE PARCELS OF REAL PROPERTY , WHICH ARE MORE
28 PARTICULARLY DESCRIBED HEREIN , SHALL BE REZONED FROM PALM BEACH
29 COUNTY MULTIPLE USE PLANNED DEVELOPMENT (MUPD) TO PALM BEACH
30 GARDENS PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING
31 ZONING DESIGNATION OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE
32 ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED
33 ACCORDINGLY ; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE , AND
34 AUTHORITY TO CODIFY ; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER
35 PURPOSES.
36 Mayor Reed opened the Public Hearing for Ordinance 26 , 2023.
37 Petitioner presentation: None.
38 Staff presentation : None . No changes since first reading.
39 Staff recommended approval of Ordinance 26 , 2023 on second reading and adoption.
40 Public comment: None.
41 Mayor Reed closed the Public Hearing.
42 Councilmember Premuroso made a motion to approve Ordinance 26 , 2023 on second reading
43 and adoption.
44 Councilmember Tinsley seconded.
45 Mayor Reed brought the item back for discussion . No discussion.
46 Motion passed 5-0.
47 The City Clerk read Ordinance 27, 2023 by title.
48 j . ORDINANCE 27 , 2023 -(2ND READING AND ADOPTION) A LAND DEVELOPMENT
49 REGULATIONS (LOR) TEXT AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL
50 OF THE CITY OF PALM BEACH GARDENS , FLORIDA , AMENDING CHAPTER 78 -
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1 LAND DEVELOPMENT AT SECTION 78-221. -PGA BOULEVARD CORRIDOR
2 OVERLAY . BY REPEALING SUBSECTION (d)(1)b.1.(iii) AND READOPTING SAME , AS
3 REVISED , TO PERMIT "HEAL TH , PHYSICAL FITNESS , WEIGHT REDUCTION , AND
4 SPA" AS A MAJOR CONDITIONAL USE IN THE PGA BOULEVARD CORRIDOR
5 OVERLAY ; PROVIDING EACH AND EVERY OTHER SECTION AND SUBSECTION OF
6 CHAPTER 78 -LAND DEVELOPMENT SHALL REMAIN IN FULL FORCE AND EFFECT
7 AS PREVIOUSLY ADOPTED ; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY
8 CLAUSE, AND AUTHORITY TO CODIFY ; PROVIDING AN EFFECTIVE DATE ; AND FOR
9 OTHER PURPOSES .
10 Ordinance 27, 2023 and Resolution 63 , 2023 were a combined presentation. The Clerk read th e
11 titl es separate ly for each , and there was a separate vote for Ordinance 2 7, 2023 on second
12 read ing and adoption and for Resolution 63 , 2023.
13 Mayor Reed opened the P ubli c Hearing for Ordinance 27, 2023.
14 Mayor Reed ask ed for ex parte communication for the combined presentation.
15 No ex parte communication declared.
16 Petitioner presentatio n: None. No change s sinc e :first r eading.
17 Staff presentation: None .
18 Staff recommended approval of Ordinance 27, 2023 on second reading and adoption.
19 Public comment: None.
20 Mayor Reed clo sed the Public Hearing .
2 1 Councilmember Middleton made a motion to approve Ordinance 27, 2023 on second reading
22 and adoption.
23 Councilmember Tin s ley seco nded.
24 Mayor Reed brought the item back for discussion. No discussion .
25 Motion passed 5-0.
26 The City Clerk read Resolution 63 , 2023 b y title.
27 k. *RESOLUTION 63 , 2023 -REQUEST FOR A MAJOR CONDITIONAL USE IN LEGACY
28 PLACE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
29 GARDENS , FLORIDA , APPROVING A MAJOR CONDITIONAL USE TO ALLOW A
30 HEAL TH , PHYSICAL FITNESS , WEIGHT REDUCTION, AND SPA USE WITHIN THE
31 LEGACY PLACE PLANNED COMMUNITY DEVELOPMENT (PCD), LOCATED
32 SOUTHWEST OF THE INTERSECTION OF PGA BOULEVARD AND FAIRCHILD
33 GARDENS AVENUE , AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
34 CONDITIONS OF APPROVAL ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
35 PURPOSES .
36 Mayor Reed opened the Public Hearing for Resolution 63 , 2023 .
37 Petitioner presentation: None.
38 Staff presentation: None.
39 Staff recommend ed approval of Reso lution 63, 2023.
40 Public comment: None.
41 Mayor Reed closed the Public Hearing .
42 Councilmember Middleton m ade a motion to approve R eso lution 63 , 2023 .
43 Councilmember Tinsley seconded.
44 Mayor Reed brought the item back for discussion. No di scuss ion.
45 Motion passed 5-0.
46 The City Clerk read Ordinance 29, 2023 by title.
47 I. ORDINANCE 29 , 2023-(2N° READING AND ADOPTION) PROHIBITION OF VIDEO AND
48 SOUND RECORDING IN PUBLIC , NONPUBLIC , AND LIMITED PUBLIC FORUMS . AN
49 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS ,
50 FLORIDA , AMENDING CHAPTER 42 -OFFENSES AT ARTICLE I. -GENERAL
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1 OFFENSES BY ADOPTING NEW SECTION 42-4. ENTITLED "CONTROL OF ACCESS
2 TO CITY-OWNED , CONTROLLED , AND LEASED PROPERTY " IN ORDER TO
3 IMPLEMENT REGULATIONS RELATED TO PUBLIC ACCESS TO SUCH PROPERTIES ,
4 PERMIT AND PROHIBIT CONDUCT WITHIN SAME , AND AUTHORIZE THE CITY
5 MANAGER TO MANAGE SUCH PROPERTIES ; PROVIDING THAT EACH AND EVERY
6 OTHER SECTION AND SUBSECTION OF CHAPTER 42 -OFFENSES SHALL REMAIN
7 IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED ; PROVIDING A
8 CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY ;
9 PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES .
10 Mayor Reed opened the Publi c Hearing for Ordinance 29 , 2023.
1 l Petitioner presentation: None.
12 City Attorney, R. Max Lo hman stated no changes since first reading.
13 Staffrecommended approval of Ordinance 29 , 2023 on second reading and adoption.
14 Public Comment: None .
15 Mayor Reed closed the Public Hearing.
16 Councilmember Middleton made a motion to approve Ordinance 29 , 2023 on second reading
17 and adoption .
18 Councilmember Tinsley seconded.
19 Mayor Reed brought the item back for discussion. No further discussion.
20 Motion passed 5-0 .
21 The City Clerk read Resolution 65 , 2023 by title .
22 m. *RESOLUTION 65 , 2023 -REQUEST FOR A SITE PLAN AND MAJOR CONDITIONAL
23 USE APPROVAL OF THE AVENIR PLANNED COMMUNITY DEVELOPMENT (PCD). A
24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
25 FLORIDA , APPROVING A SITE PLAN AND MAJOR CONDITIONAL USE FOR A 29-BED
26 NEIGHBORHOOD HOSPITAL AND TWO (2) MEDICAL OFFICE BUILDINGS TOTALING
27 72 ,750 SQUARE FEET ON A 13 .09-ACRE PARCEL WITHIN THE WORKPLACE
28 DISTRICT (PARCEL D) OF THE AVENIR PLANNED COMMUNITY DEVELOPMENT
29 (PCD), LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD ,
30 APPROXIMATELY 0.35 MILES WEST OF COCONUT BOULEVARD , AS MORE
31 PARTICULARLY DESCRIBED HEREIN ; PROVIDING CONDITIONS OF APPROVAL ;
32 PROVIDING WAIVERS ; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER
33 PURPOSES .
34 Mayor Reed opened the Pub lic Hearing for Resolution 65, 2023.
3 5 Mayor Reed asked for ex parte communication.
36 Councilmember Tinsley spoke with Rosa Schechter of Avenir.
37 Petitioner presentation: George Missimer, Cotleur & Hearing; Malcolm S ina , Sina Companies
38 Real Estate Development.
3 9 Staff presentation: None.
40 Staff recommended approval of Resolution 65 , 2023.
41 Public comment: None .
42 Mayor Reed closed the Public Hearing.
43 Councilmember Tinsley made a motion to approve Resolution 65 , 2023.
44 Vice Mayor Woods seconded .
45 Mayor Reed brought the item back for discussion. Discussion ensued.
46 Motion passed 5-0.
4 7 The City Clerk read Resolution 68 , 2023 by title.
48 n. *RESOLUTION 68 , 2023 -AVENIR PLANNED COMMUNITY DEVELOPMENT (PCD)
49 POD 20 -REQUESTING APPROVAL FOR MODEL HOMES. A RESOLUTION OF THE
50 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA , APPROVING A
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1 SITE PLAN AMENDMENT FOR SINGLE-FAMILY HOME FLOOR PLANS ,
2 ARCHITECTURAL ELEVATIONS, TYPICAL LOT LANDSCAPING, RESIDENTIAL
3 ENTRY FEATURES , AND A SALES CENTER WITH MODEL HOMES FOR POD 20
4 WITHIN THE RESIDENTIAL DISTRICT (PARCEL A) OF THE AVENIR PLANNED
5 COMMUNITY DEVELOPMENT (PCD), LOCATED SOUTHEAST OF THE
6 INTERSECTION OF AVENIR DRIVE AND PANTHER NATIONAL BOULEVARD, THE
7 AVENIR PCD BEING GENERALLY LOCATED ON THE NORTH SIDE OF NORTHLAKE
8 BOULEVARD , EAST OF GRAPEVIEW BOULEVARD, WEST OF BAY HILL DRIVE, AND
9 SOUTH OF BEELINE HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN ;
10 PROVIDING CONDITIONS OF APPROVAL ; PROVIDING AN EFFECTIVE DATE ; AND
11 FOR OTHER PURPOSES .
12 Mayor Reed opened the Public Hearing for Resolution 68 , 2023 .
13 Mayor Reed asked for ex parte comm uni cation.
14 Councilmember Tinsley spoke with Rosa Schechter of Avenir.
15 Petitioner presentation : Marty Minor , Urban Design Studio; Scott Morton , Kolter Homes.
16 Staff presentation: None.
17 Staff recommended approval of Resolution 68 , 2023.
18 Public comment: None.
19 Mayor Reed closed the Public Hearing.
20 Councilmember Tinsley made a motion to approve Resolution 68 , 2023.
21 Councilmember Premuroso seconde d .
22 Mayor Reed brought the item back for discussion. Discussion ensued.
23 Motion passed 5-0.
24 IX. RESOLUTIONS
25 The City Clerk read Resolution 70 , 2023 by title.
26 a. RESOLUTION 70 , 2023 -CONVEYANCE OF ENVIRONMENTAL PRESERVE AT
27 AVENIR. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
28 GARDENS, FLORIDA , APPROVING THE CONVEYANCE OF THE AVENIR
29 CONSERVATION AREA TO THE CITY OF PALM BEACH GARDENS ; APPROVING TWO
30 (2) GRANTS OF EASEMENT FOR THE AVENIR CONSERVATION AREA ; PROVIDING
31 AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES .
32 Petitioner presentation: None.
33 City Manager, Ron Ferris provided exp lanation.
34 Public comment: None.
35 Councilmember Tinsley made a motion to approve Resolution 70 , 2023.
36 Councilmember Premuroso seconded.
3 7 Mayor Reed brought the item back for discussion. Discussion ensued.
38 Motion passed 5-0.
39 X. ITEMS FOR COUNCIL ACTION/DISCUSSION AND ITEMS OF INTEREST:
40 Councilmember Premuroso thanked staff for the tree li ghting on Saturday , December 2, 2023 ,
41 and wished everyone Happy Holidays and Happy New Year.
42 Councilmember Tinsley wished everyone a happy, hea lth y, and safe holiday season and
43 extended an invitation to a planned Hanukkah event on Sunday evening at 5:00 p.m.
44 Mayor Reed thanked Deputy City Manager, Lori Laverriere for putting together "Pie It
45 Forward" in supp ort of Meals on Wheels that provides nutritious meals for local, homebound
46 seniors and for her vo lunteering at the Gardens GreenMarket. The Holiday Joy Drive wi ll be
4 7 collecting toys for children through December 22 , 2023 . Drop-off loc ations can be found at the
48 Police Station, City Hall , Fire Station, and more sites can be found online. She appreciated the
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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1 honor of speaking about the City's Transit Oriented Development (TOD) and sustainability
2 efforts at the National League of Cities.
3 XI. CITY ATTORNEY REPORT
4 City Attorney, R. Max Lohman wished everyone a Merry Christmas , Happy Hanukkah, and
5 Happy Holidays.
6
7 (The remainder of this page intentionally lefl blank.)
8
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
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i
1 XII. ADJOURNMENT
2 The meeting adjourned at 9:37 p.m.
3 The next regularly scheduled City Council meeting will be held on January 11 , 2024.
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5 APPROVED:
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ATTEST:
Patricia Snider, CMC
City Clerk
Carl W. Woods, Vice Mayor
Marcie Tinsley, Councilmember
C---_____
:::::muroso , Co~cilmember
~,Ch;&_
Dana P. Middleton, Councilmember
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Note: These minutes are prepared in comp li ance with 286.011 F.S. and are not verbatim transcripts of
the meeting. A verbatim a udio record is avai labl e from the Office of the City C lerk.
All referenced attachme nts are on file in the Office of the C ity C lerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
12-06-23
PAGE 13