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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 tin as journed at 11:27 p.m. VICE OR J BLIN COUbieILMEMBER LEVY r rim'W2V WAWFj - • ►1 ' VALECIft 1/ COUNCILMENiPt Y' KARNETT