HomeMy WebLinkAboutMinutes Council 021805CITY OF PALM BEACH GARDENS
CITY COUNCIL
SPECIAL MEETING
February 18, 2005
The February 18, 2005 Special Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:10 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor
Eric Jablin, and opened with the Pledge of Allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Russo, Councilmember Delgado,
Councilmember Levy, and Councilmember Valeche.
Mayor Jablin announced that this meeting would consist of continuation of three public
hearings for amendments to the City's comprehensive plan. He requested the audience
respect the City Council and each speaker.
PUBLIC HEARINGS:
Part I — Quasi judicial - None
Part II — Non Quasijudicial - Mayor Jablin outlined the procedures to be followed. The City
Attorney announced that all three hearings were still open from the previous night's meeting,
and that Ordinance 7, 2005 and Ordinance 9, 2005 would be considered together. Vice
Mayor Russo made a motion that all comments received as part of any of the public hearings
held last night or the continuation tonight would be part of the official record for
consideration in the vote by the City Council on any of these items. Motion was seconded by
Councilmember Levy and carried by unanimous 5 -0 vote.
Ordinance 7, 2005 — Comp Plan Future Land Use Map amendment. (First reading and
transmittal hearing). An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida, providing for a Land -Use Map Amendment to the Comprehensive Plan of the City
of Palm Beach Gardens relating to certain properties consisting of approximately 708.14
acres, generally located at the North East side of the intersection of Hood Road and the
Florida Turnpike and South of Donald Ross road, commonly referred to as `Briger Tract," to
change the land -use designation from Commercial (C) and Residential Low (RL) land -use
designation to Mixed -Use (MXD) land -use designation; and providing an effective date. The
City Clerk read Ordinance 7, 2005 by title only on first reading. Ordinance 9, 2005 — Comp
Plan Conservation Element amendment. (First reading and transmittal hearing). An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the
Conservation Element of the Comprehensive Plan of the City of Palm Beach Gardens
relating to the protection of environmentally sensitive areas and listed species; and providing
an effective date. The City Clerk read Ordinance 9, 2005 on first reading by title only.
Senior Planner Kara Irwin reviewed public notice requirements as requested by the City
Council the previous night. Ms. Irwin presented the proposed amendment for Ordinance 7,
2005. City Forester Mark Hendrickson recommended approval and answered questions from
the City Council. Joe McMann reviewed the traffic analysis and answered questions from the
City Council. Ms. Irwin presented the proposed amendment for Ordinance 7, 2005. City
Forester Hendrickson provided comments and recommended approval. Mayor Jablin called
on those present who had provided public comment cards that were filled out the previous
evening. Harvey Wittson, 4122 Venetia Way, asked if a greenbelt would be provided to
protect San Michele from Scripps. Jim Kuretski, Jupiter Councilmember, urged the Council
to vote in favor of Ordinance 7, 2005 and reported Jupiter had approved two biotech
CITY OF PALM BEACH GARDENS SPECIAL MEETING, 2/18/05 2
facilities in Abacoa. Mr. Kuretski advised he had obtained the traffic figures and reported the
numbers were consistent with those provided by the City's traffic consultant, and Jupiter felt
establishing a workplace was the best use of Abacoa and the Briger site. He had established
this position years ago before Scripps had been proposed. Mr. Kuretski explained that the
Jupiter Council's decision to have only 4 million square feet on Parcel 19 which was larger
than Briger where 8 million were proposed, was because there were not as many roadways
for traffic, with only Indiantown Road, and the Briger site would have Donald Ross Road,
Central Boulevard, I -95 and the turnpike. Jean Kulek, 4127 Venetia Way, commented that
people in other communities thought Briger was the best site because they were not on the
hot seat, and although the amendment was to change the land use, the presentation used all
the differences that were needed to create the Scripps site for which there had to be a site
plan, which was not a part of the presentation, and asked that this be turned down. Samantha
Gregory Gardner, 3154 San Michele Drive, who had worked on various projects in the city,
expressed concern about what was currently approved for mixed use, commercial, and
industrial, which she indicated was over 3 million square feet before Briger. Ms. Gardner
was in favor of the uplands change. Janet Steinger, 3146 San Michele Drive, commented San
Michele residents opposed land use and zoning changes and commented if it was changed to
mixed use and Scripps did not come, it could open up all kinds of things. Ms. Steinger
requested notification of such changes, and requested this be delayed so that low density
would remain until Scripps did come. Ms. Steinger requested a copy of the notification to
residents, and a copy of the proposed plan site and roadway. Michael Steinger, 3146 San
Michele, commended the Councilmember from Jupiter who spoke. He noted that Jupiter had
voted on a site plan and this city did not have a site plan to vote on. He commented that the
City's crest did not represent what was now proposed, and indicated he did not understand
cash payments in lieu of preservation. Lori Limebrook, 4124 Venetia Way, reported being
stuck in traffic the previous night and commented on how much more traffic there would be
if Briger came. She felt it would be premature to change the land use at this time except for
a passive park or a dog park. Howard Rosenkranz, 25 Princewood, reported he received
many calls that a Friday meeting conflicted with some people's religious beliefs, expressed
his opinion this would be damaging to the city, and commented true detailed environmental
surveys should be done. Rick Sartory, 4134 Lakespur Circle South, asked that the City
Council not support Ordinance 7, 2005. He expressed his support for the economic
development and the addition to the comp plan, but not Ordinance 7, 2005, which he felt was
premature at this time. Troy Fee, 3144 San Michele Drive, asked the Council not to make a
decision without all the information, and felt there was not sufficient traffic information.
John Chaplik, The Isles, expressed support for Ordinance 7, 2005 to provide R &D jobs and
diversification of the tax base, and commented on traffic. Bob Kaplin,102 Windwood Drive,
asked if a change could be make in a conditional way, expressed concern with traffic on
PGA Boulevard, and asked if there was a specific set of data of what would actually happen
on PGA Boulevard comparing Mecca, Research Park, and Briger, and how that would affect
the area between the turnpike and Palm Beach Gardens. Vito DeFrancesco, Shady Lakes, felt
his rights were being taken away by only being allowed to speak to one of the issues. City
Attorney Tatum advised Mr. DeFrancesco was free to speak to either or both amendments,
and his more general comments made last night were part of the record. Mr. DeFrancesco
stated he opposed this, that forbearance property was a part of this and was being ignored.
Mr. DeFrancesco noted there were two traffic reports with different numbers. He stated that
CITY OF PALM BEACH GARDENS SPECIAL MEETING, 2/18/05 3
did not believe there could be 5 story building height under the comprehensive plan, and that
the requirement not to mitigate preserved land on a site over 40 acres was being eliminated.
Randolph Hansen, 9 Dunbar Road, reported he was a member of the PZA board and had
reviewed this ordinance, and commended staff on an excellent and professional job. Mr.
Hansen expressed his support for this ordinance, which would diversify the City's tax base,
and reminded everyone that all site plans would be reviewed in detail and there would be
public hearings for whatever went on this site. Pat Hughey, 9120 Reed Drive, asked if this
plan began before Scripps came into the picture and requested confirmation that the vote of
recommending boards was representative of all members. Ms. Hughey encouraged the public
to attend council meetings. Carol Estrada, 309 Riverside Drive, commented over the years
nobody wanted development, and people came through her neighborhood to go to various
places. She had opposed many things, but staff answered her questions. Ms. Estrada stated
that if people were going to come to complain, they should come more often to be educated
on how the city government worked. Ms. Estrada commended staff for their work. Joan
Elias, 1009 Diamond Head Way, thanked Ms. Estrada and commented newcomers did not
understand the process, and the process must be started to make this property viable for
economic development, or taxes would have to be increased in order for the City to survive.
Steve Barnes, 1011 Shady Lakes Circle, asked if staff or Council had had a conversation
with the owner of the Briger Tract. Kevin Carpenter, 5122 Isabella Drive, asked if staff
could be asked questions when they responded to the questions. Vice Mayor Russo
recommended a workshop for that purpose. Mr. Carpenter asked that all the data be
presented. Mayor Jablin declared the public hearing closed. Staff answered the questions
asked by the public during their public hearing comments, which included discussion of
traffic. Discussion and comments by the Council ensued. Vice Mayor Russo made a motion
to approve Ordinance 7, 2005. Councilmember Levy seconded the motion which carried 4 -1
with Councilmember Delgado voting against the motion.
Councilmember Levy made a motion to approve Ordinance 9, 2005. Vice Mayor Russo
seconded the motion. During discussion of the motion, the City Forester confirmed that
when determining an upland viable, three components were required, and anything less was
less than viable. Motion carried 4 -1 with Councilmember Delgado voting against the motion.
Ordinance 8, 2005 — Comp Plan Capital Improvements Element Amendment. (First reading
and transmittal hearing) An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida amending the Capital Improvements Element of the City of Palm Beach
Gardens Comprehensive Plan to include projects which are necessary for the City to
continue to meet its adopted level -of- service standards; and providing an effective date. The
City Clerk read Ordinance 8, 2005 on first reading by title only. City Engineer Dan Clark
presented the staff report. Mayor Jablin announced the public hearing was still open from the
previous night. Vito DeFrancesco, Shady Lakes, commented land use could not be changed
on forbearance property, and asked about the roads in the capital improvements element.
City Engineer Clark discussed the three roads proposed. Troy Fee, San Michele, asked when
the road would be developed, to which the answer was, when it was needed. Hearing no
further comments from the public, Mayor Jablin declared the public hearing closed.
Councilmember Levy made a motion to approve Ordinance 8, 2005. The motion was
seconded and carried by unanimous 5 -0 vote.
Vice Mayor Russo asked if the time that banners were allowed to be up for Taste of the
Gardens to benefit the Honda Classic could be extended. Vice Mayor Russo made a motion
CITY OF PALM BEACH GARDENS SPECIAL MEETING, 2/18/05 4
to add five extra days to the time banners were displayed for the Taste of the Gardens event.
Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote.
RESOLUTIONS:
Resolution 10, 2005 - Borland Center for Community Enrichment. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida accepting a conservation easement from
Palm Beach Acquisitions LLC, a Florida Limited Liability Company, for a 4.6 -acre site off
the Beeline Highway, opposite the North County Regional Airport, as more particularly
described herein, as an off -site upland preserve set aside for the Borland Center Planned Unit
Development; approving the Borland Center Plat; accepting a deed for Shady Lakes Drive
consistent with the Borland Center Plat; and providing an effective date. Talal Benothman
presented the staff presentation and answered questions from Mr. Vito DeFrancesco. City
Forester Hendrickson answered questions from Council. Steve Barnes, 1011 Shady Lakes
Circle, opposed the proposed off -site mitigation and presented materials from a Planning and
Zoning Commission meeting where this had been considered. Mr. Barnes asked that the
beauty of PGA Boulevard be allowed to remain and that the minimum on -site preservation
be 4.5 acres. Vito DeFrancesco, Shady Lakes, discussed concurrency, and stated the third
condition had not been complied with. Mr. DeFrancesco discussed on -site preservation. Mr.
DeFrancesco distributed materials to the City Council and the City Clerk. Mr. DeFrancesco
expressed his position that the proposal could not be done by the comprehensive plan.
Raymond Royce, attorney for the applicant, rebutted, stating the comprehensive plan
provided for off -site mitigation and explaining choices available under the plan. Attorney
Royce indicated Mr. DeFrancesco's figures were incorrect because they were old, out of
context, and changes had been made. Mr. DeFrancesco responded the amount of land to be
purchased did not change and yet the amount to mitigate off -site did increase. Mayor Jablin
declared the public hearing closed. Discussion ensued by City Council. Vice Mayor Russo
made a motion to approve Resolution 10, 2005. Motion was seconded by Councilmember
Valeche. During discussion of the motion it was clarified the City would have the easement
and the cash, not cash in lieu of. Motion carried by unanimous 5 -0 vote.
CITY OF PALM BEACH GARDENS SPECIAL MEETING, 2/18/05
ADJOURNMENT:
There being no further business to discuss,
APPROVAL:
ATTEST:
PA CIA SZ!II?ER, CMC
CITY CLERK
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