Loading...
HomeMy WebLinkAboutAgenda Council Agenda 011410 CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 14, 2010 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: IX. RESOLUTIONS: a. Resolution 102, 2009 - Proportionate Share agreement related to the Scripps Phase II/Briger Tract DRI A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the mayor to execute the Scripps Florida Phase II/Briger Development of Regional Impact Proportionate Share Agreement; providing an effective date; and for other purposes. X. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. Resolution 80, 2009 - Scripps Florida Phase II DRI – A Resolution of the City Council of the City of Palm Beach Gardens, Florida making findings of fact and conclusions of law pertaining to the Scripps Florida Phase II/ Briger Tract Development of Regional Impact (DRI) and constituting this Resolution as the DRI development order; providing for execution, transmittal, and implementation; providing for severability; providing an effective date and expiration date; and for other purposes. Mayor Russo Vice Mayor Levy Council Member Jablin Council Member Barnett Council Member Premuroso b. Ordinance 18, 2009 – (2nd reading and adoption) Text amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting an amendment to its Comprehensive Development Plan in accordance with the mandates set forth in Section 163.3184, et seq., Florida Statutes, to create a new subcategory to the existing Mixed Use Land Use Designation for Bioscience Mixed Use Developments and an amendment to delineate the Scripps Florida Phase II/ Briger Tract Development of Regional Impact (DRI) on the future land use map and provide a notation on the future land use map pertaining to the permitted land use densities and intensities established by Ordinance 7, 2005 for approximately 708.14 acres located South of Donald Ross road, North of Hood Road, and East and West of Interstate 95; providing a conflicts clause, a severability clause and authority to codify; providing an effective date; and for other purposes. c. Ordinance 33, 2009 – (2nd Reading and Adoption) Briger Tract – Request for a text amendment to the Land Development Regulations. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78. Land Development. at Section 78-157. Mixed Use Planned Unit Development District. by amending the title of Section 78-157. such that it shall now be entitled “MXD – Mixed Use Development District”, for internal consistency and adopting new Section 78-232 entitled “Scripps Florida Phase II – Design Guidelines”, in order to establish zoning regulations and design guidelines for the Scripps Florida Phase II/Briger Tract PCD, to provide regulations for approval and amendment of future projects within the overlay zone, and to establish criteria for Bioscience Mixed Use Planned Developments; providing that each and every other Section and Subsection of Chapter 78. Land Development. shall remain in full force and effect as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. d. *Ordinance 28, 2009 – (2nd reading and adoption) Briger Tract – Request for a Planned Community Development within the Briger Tract DRI. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning certain parcels of real property consisting of 681 acres, more or less, located South of Donald Ross Road, North of Hood Road, and East and West of Interstate 95, providing that the subject parcels of real property, which are more specifically described herein, shall be assigned the city zoning designation of Planned Community Development (PCD) overlay with an underlying zoning designation of Mixed-Use (MXD); providing that the zoning map of the City of Palm Beach Gardens be amended to reflect the proper designation for the subject parcels of property; providing a conflicts clause and a severability clause and authority to codify; providing an effective date; and for other purposes. Resolution 1, 2010 is a companion item to Ordinance 28, 2009 and will require Council action Resolution 1, 2010 - Briger PCD site plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Scripps Florida Phase II/Briger Tract Mixed Use (MXD) Planned Community Development (PCD), comprised of 2.6 million square feet of biotech research and development, 1.2 million square feet of office, 300 hotel rooms, 500,000 square feet of retail, and 2,700 residential units on a 681-acre parcel, as more particularly described herein; providing waivers; providing conditions of approval; providing an effective date; and for other purposes. XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 14,2010 7:OO P.M. Mayor Russo Vice Mayor Levy Council Member Jablin Council Member Barnett Council Member Premuroso L IL In Iv V. VL VII. M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS. MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: ITEMS OF RESIDENT INTEREST AND BOARDKOMMITI'EE REPORTS: CITYMANAGERREPORT COMMENTS FROM TEE PUBLIC (For llctu Not on the APenda. Dlease submit reauest form to tbe Ci Clerk ~rior to tib CONSENT AGENDA RESOLUTIONS: solution 1 )-Proportionate Share agreement related to the Scripps mase II/Bnger iract DRI. A Rasalutwm * of the City Council of the City of Palm Beach Gadens, Florida authorizing the mayor to execute the Scripps Florida prc snlzpre limo m - && date; and fi~ d- pnrposes X PUBLIC HEARINGS: f" Dcsieartcs has &Judicial Hearin& ordintnce l8,2;00$ - (2" reading and ad0pt.b) Text amendment. An Ordinance amendment to its Comprehensive Development Plan in accordance with the mandates set forth in Section 1633184, et sq., Florida Stat\Etes to create a new subcategory to the existing Mixed Use Land Use Designath fbr Bioscience Mixed Use Developments and an amendment to delinhte the Scripps Florida Phase II/ Brigex Tract Development of Regional Impact (DIU) on the fkture land use map and provide a notrtioa am the future land ust map pertaining to the permi#edlaodwe~alld~ - - estrblisbed by Ordinance 7,2005 for approximately 708.14 acres located South of Donald Ross road, North of Hood Road, ad East and West of Memtate 95; providing a conflicts clause, a severability clsuse and adnnity to oodify; _. providing ~ w effective date; and for of the city camcil ofthe city OfPdm Beach Gar- Florida adopting an other-. bp - (2" Reading and Adoption) Brigex Tract - Request for a texT amenamenr ro the Land Development Regulations. &*ur&~o~$T5%y Council of the City of Palm Beach Gadens, Florida amending Chapter 78. Land Derelapmert. at Sectioa 78-157. Mixed Use PW UOit Development District. by amending the title of Section 78-157. such that it SUI now be entitled "MXD - Mixed Use Dewlopment Distrid", fbr intemai consistency and adopting new Section 78-232 entitled "Scripps Florida Phase II - Design Guidelines", in order to establish Urming regulatiorrr md designgvidelines tbrthe Scripps Florida Phase IuBriger Tract PQ), to providerqphtbs for approval and amendment of hture projects within the overlay zone, and to establish criteria for Bioscience Mixed Use Plarmed bdopnm& providing that each and every ather Section and Subssction of Chepter 78. Laad Ihdqmmt. sld remain in tidl force and effect as previously adoqted; providing a ConfIiCts clause, a severability clause, a *&+@py? 28,2009 - (2" reading and adoption) Briger Tract - Reauest for a An Ordinance of rezoning certain ofreal propertycmsistingof681 acres, more or iess, located South of ROSS Road, North of Hood Road, and East and West of Interstate 95, that the subject parcels of real property, which are more specifically herein, shall be assigd &e city zoning designation of Planned Ikw@mmt (PCD) owday with an underlying zoning designation (MXD); providing that the Zoning map of the City of Palm Beach be amended to dht tk! proper designatioa €4~ the subject parcels of a cxmfkts Wand a severability clause and authority to effective date; and fbr other purpose - Resolution 1,2010 is a emapmhm item to Ordinance 28,2009 and will rcqmircComd action Rcsalutrm 1,2010 - Briger PCD Site plan. A- of the City Council of tfre C&y of Palin M Gsrderns, Flarida aQpaving the Saipps Florida Phase II/Br& Tract Mixed Use (MXD) Planned Community Development (PCD), comprised of 2.6 sdbn quam fix!& of M resear& and development, 1.2 million square fa ofof€ice, 300 hatel moms, uK),ooo square feet of re!tail, and 2,700 residential units on a 68I-acxe parcel, as more partidarly described herein; providingwaiven; providing ConditioIlS of approval; jxoviding an effective date; XI. ORDINANCES (For Consideration on First Reading) XIL ITEMS FOR COUNCIL ACTIONDISCUSSION: XIL CITYATTORNEYREPORT XIV. ADJOURNMENT PLEQSE TA&E NOTICE AND BE ADVZSED tkrrt if any hfemstd Pmty wishes to !#?Peal any &&wn made by the C& Gnmcil wifh respect to any rnotter wwidered at this public hearing, such interestedpersorrs wdl llced a “cordaft$eprouerbngs andmayneedtoensure tkat a verbatim recordis ma&, inchding &? testhay andcvidence upon whkh the appeal is to be based In accordance with the Amaicons with Dkbilik Ad and Saction 284 26, FIorida Stabrtes, inudkrtopcrrticipateinthis persons with msabJltrcs proceectingmeentitledtothepnnisionofcacein~ M’s office at 561-799-4122 no lcda thn 5 ltps prior to the kerning if this assistance is required For kcming inqmimd prwsC call tk moirida Relay service Numbers: 800-955-8771 (TOO) or 80@-955-8770 (POICE). atnowst €Yl?aseccauthecity --- . ... NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 14,2010 7:OO P.M. Mayor Russo Vice Mayor Levy Council Member Jablin Council Member Barnett Council Member Premuroso v PI--; 3:q mo : 7:3y %T I. /PLEDGE OF ALLEGIANCE 11. /ROLLCALL 111.. - ADDITIONS. DELETIONS. MODIFICATIONS: IV * ANNOUNCEMENTS / PRESENTATIONS: uwlf 9c/arJlf V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: PN4 VI. CITY MANAGER REPORT: VII. 4OMMENTS FROM THE PUBLIC: (For Items Not on the Agenda. please submit P0pf reauest form to the Citv Clerk prior to this Item) Resolution 102, 2009 - Proportionate Share agreement related to the Scripps Phase WBriger Tract DRI A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the mayor to execute the Scripps Florida Phase WBriger Development of Regional Impact Proportionate Share Agreement; providing an effective date; and for other purposes. 9 a. wd@ 4/11' 5-0 X. PUB]LICGS: (* Desimates Ouasi-Judicial Hearing) a. 9 Resolution 80, 2009 - Scripps Florida Phase I1 DRI - A Resolution of the City Council of the City of Palm Beach Gardens, Florida making findings of fact and conclusions of law pertaining to the Scripps Florida Phase II/ Briger Tract Development of Regional Impact (DRI) and constituting this Resolution as the DRI development order; providing for execution, transmittal, and implementation; providing for severability; providing an effective date and expiration date; and for other purposes. 607;: Y I' b. Ordinance 18, 2009 - (2nd reading and adoption) Text amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting an amendment to its Comprehensive Development Plan in accordance with the mandates set forth in Section 163.3184, et seq., Florida Statutes, to create a new subcategory to the existing Mixed Use Land Use Designation for Bioscience Mixed Use Developments and an amendment to delineate the Scripps Florida Phase IL/ Briger Tract Development of Regional Impact (DRI) on the future land use map and provide a notation on the fkture land use map pertaining to the Sy0 permitted land use densities and intensities established by Ordinance 7, 2005 for approximately 708.14 acres located South of Donald Ross road, North of Hood Road, and East and West of Interstate 95; providing a conflicts clause, a severability clause and authority to codify; providing an effective date; and for other purposes. /10 q\, 1 (0 C. Ordinance 33, 2009 - (2nd Reading and Adoption) Briger Tract - Request for a text amendment to the Land Development Regulations. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78. Land Development. at Section 78-157. Mixed Use Planned Unit Development District. by amending the title of Section 78-157. such that it shall now be entitled “MXD - Mixed Use Development District”, for internal consistency and adopting new Section 78-232 entitled “Scripps Florida Phase I1 - Design Guidelines”, in order to establish zoning regulations and design guidelines for the Scripps Florida Phase WBriger Tract PCD, to provide regulations for approval and amendment of future projects within the overlay zone, and to establish criteria for Bioscience Mixed Use Planned Developments; providing that each and every other Section and Subsection of Chapter 78. Land Development. shall remain in full force and effect as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. +d@ Cd” CJU q/’ Po 5-0 d. *Ordinance 28, 2009 - (Znd reading and adoption) Briger Tract - Request for a Planned Community Development within the Briger Tract DRI. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning certain parcels of real property consisting of 681 acres, more or less, located South of Donald Ross Road, North of Hood Road, and East and West of Interstate 95, providing that the subject parcels of real property, which are more specifically described herein, shall be assigned the city zoning designation of Planned Community Development (PCD) overlay with an underlying zoning designation of Mixed-Use (MXD); providing that the zoning map of the City of Palm Beach Gardens be amended to reflect the proper designation for the subject parcels of property; providing a conflicts clause and a severability clause and authority to codify; providing an effective date; and for other purposes. 1 I I 1’ ,o c Resolution 1,2010 is a companion item to Ordinance 28,2009 and will require Council action Resolution 1, 2010 - Briger PCD site plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Scripps Florida Phase IVBriger Tract Mixed Use (MXD) Planned Community Development (PCD), comprised of 2.6 million square feet of biotech research and development, 1.2 million square feet of office, 300 hotel rooms, 500,000 square feet of retail, and 2,700 residential units on a 68 1 -acre parcel, as more particularly described herein; providing waivers; providing conditions of approval; providing an effective date; and for other purposes. XI. XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT ORDINANCES: (For Consideration on First Reading) w t4n4 c/ rn PLEASE TAKE NOTICE AND BE ADWSED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8 771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. Comments From The Public Request to Address City Council Please Print Name: Members of the public may address the City Council during the “Comments by the Public” Portion of the agenda and during ”Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Name: COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: @h&t;oy\ M iney cc/ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the cammencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” Portion of the agenda and during ”Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council ‘7 1 La L ? Members of the public may address the City Council during the “Comments by the Public” Portion of the agenda and during ”Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the cammencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” Portion of the agenda and during ”Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. x 1 andEaStdWe!%tof a sevedility clause ve date; and for other I ~ i I I Vats: i j NON-OUAS I-ordigance 33, 2009 - (2" Reading and Adoption) Brigex Tract - Request for a text amendment to the Land Dewdopent Regulations. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78. Land lkdqmmt. at Won 78-157. Mixed Use Planned Unit Ikdoptnent District. by amending the title of Section 78-157. such that it shall now be entitled "MXD - Mixed Use Development District", fbr intend consistency and adopting new Section 78-232 &Id "Saipps Florida Phase II - Design Guidelii", in order to establish zoning regulations and design guideliines Eor the Saipps Florida Phase Iysriger Tract PCD, to provide regulations fir approval and amendment of future Projects within the overlay zone, and to establish criteria for BW Mixed Use Planned Developments; providing that each and ewry oaher Section and Subsedion of Chapter 78. Land I)evelapmed dd rerrmin inW fibrce and effect as previously sdopted; piwidkg a dcts clause, a sewerability clause, and authority to w; providing an effective date; and for other PUP=- 2 Title Read: HeariagOpened: Ex-Parte:JB DL JR HV EJ Petitioner prdon: Staffpresentatio n: Hearingclosed: Bring back for &cussion: Motion: Vote: a, 2009 - (P reading and adoption) within the Briger Trad DIU. An ordinance of the City Council of the City of Palm Beach Gsrdens, Florida rezoning certain parcels of real property amsisting of 681 acres, more or less, located SouthofDonaM Ross Rad, NorthofHood Road, and East and West of Wemtate 95, pavhling that the subject parcels of real pmpty, which are more spediadly described herein, shall be (FCD) overlay with an underlying zoning desigoation ofMixed-Use (MXD); providing that the zoning map ~theCityofpahnBeschGardensbeamendedtor~ectthe paper ik the subject parroels of prom, providing a adicts chsc ad a dlity dause and authority to codifjl; pvidiug an eflE;ective date; and fbr other purposes. assigned the city zoning desigimticm of Planned community Resosltioo 1,2010 is a companion item to 0rdinam;e 28,2009 and will require Council action Resolution 1, 2010 - Brim PCD site plan. A Resob of the City Council of the Ci of Palm FIorida Phase IJ/Briger Tract Mixed Use (MXD) Planned Cormnuaity Development (PCD), comprised of 2.6 million square feet of biotech research and development, 1.2 million square feet of office, 300 hotel mms, 500,000 square feet of retail, and 2,700 residentid units on a 681-acre pawel, as more parhhly described herein; proding wtivas; providing conditions of Beach Gardem, Florida approving the scripps approval', providing ai effective c epaposes- e; and for 3 BQ) *e E *d E 3 2 0 W E 0 . . e E 0 crt c, Fn a 1 w I 2 c) $ € e crt & d n crt a m 9 a c, .r( VI1 k a 'E? p? I rl 0 . 0 r! Q) Ll a I a 4 .r( c, 'C 0 m 3 '3 d h rl a 0 1 'r( c, m 0 c, a a B a 0 a * - E ANR~ AMERICANS FOR NONSMOKERS' RIGHfS 0 0 As ofMarch 1996, Dr. Lerna was an af€iWe of PMs Molecular Sciences Research lnsrtitur PI1 warkillgoroup, working Parly List? - I - r- ai-- ----- --- B - l- Y httD://www.vdtoday. o~ubblication/article.cfin?article id=3 0 89 TBc CCRt 0fTobocco --)Add Comment “I woslld aboolw dvise ruly institutiondrslt is ierested in serving the true needs of young people to never accept hding fiom a tobacco company,” Sneegas said. “The intent of- coru@es is to make money from generations ofsmokers. And the next generation of dem is today’s teenagers.” CITY OF PALM BEACH GARDENS MEMORANDUM ~ I [TO: Mayor and Council THROUGH: FROM: SUBJECT: Ronald Ferris, City Manager Natalie Wong, AICP, Planning Manager Briger Oevelopment of Regional Impact (DRI) Continuance -_ ___ -_ DATE: January 7,2010 On January 7, 2010, staff received a request from the Applicant of the Scripps Phase \I/Briger DRI for a continuance of the DRI public hearing scheduled for January 14, 2010. The requested continuance is necessary in order to provide additional time for Palm Beach County, the Florida Department of Transportation, and the Turnpike Enterprise to finalize the Proportionate Share Agreement, which is required to be executed by all parties prior to the adoption of the DRI Development Order in accordance with the mandates set forth in Chapter 380, F.S. and the PBC Traffic Performance Standards Ordinance. The continuance is also necessary in order to provide sufficient time to address certain outstanding issues related to the DRI conversion matrix and to finalize the Conditions of Approval for the DRI Development Order. Accordingly, the Applicant has requested that the DRt Public Hearing be continued to a time certain of April 1, 2010 Q 7:OO p.m. Therefore, when the January 14, 2010 meeting occurs, the fol\owing procedure is recommended: m m The Mayor should announce that the applicant has requested that the DRI public hearing be continued to a time certain of April I, 2010 @ 7:OO p.m. and that no presentations will be made by the applicant or city staff. However, public comment will be heard and made part of the record in order to accommodate those members of the public who are unable or unwilling to return on April 1,2010. The Mayor should then open the public hearing for Resolution 80, 2009 (DRI Development Order) and Ordinance 18, 2009 and ask if there is anyone from the public that wishes to make comment. After taking public comment from those members of the public wishhing to speak, the Mayor should ask for a motion to continue the pubtic hearing to April 1,2010 @ 7:OO p.m. If there is a second and an affirmative vote the Mayor should then announce that the DRI public hearing is continued. The public hearings for the following Ordinances will also need to be continued by the Council to a time certain of April 1,2010 @ 7:OO p.m. due to the fact that they have all been advertised for January 14, 2010. The public hearings for each of these items must be individually opened, public comment taken for those members of the public wishing to speak and then followed by separate motions and separate votes to continue each hearing until April 1,2030 @ 7100 p.m. - - Ordinance 18, 2009 (Comprehensive Plan amendment) Ordinance 33,2009 (Text amendment to the LDRs) - Ordinance 28,209 and Resolution 1,2010 (Rezoning and Master Pian approval) o Ordinance 28, 2009 is auasi-iudicial and anvone wishing to make comment must be sworn in. 1 The special meeting should then be concluded. Again, it should be noted that there will be no presentations for any of the items related to the project made by staff or the applicant at this meeting. All presentations will be reserved for the April 1, 2010 public heating. Attachment: 1. Letter requesting continuance dated 1/7/10. January 7,2010 Ms. Natalie Wong, AlCP Current Planning Manager Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 urban STUDIOS~ Urban Planning and Design Landscape Architecture Communication Graphics RE: HEARING POSTPONMENT REQUEST FOR SCRIPPS FLORIDA PHASE WBRIGER TRACT UDS REF:# 88-039.005 Dear Ms. Wong: On behalf of the applicants of the above-referenced project, the Lester Famiiy Investments, L.P., et al, and Palm Beach County, we respectfully request that the hearings for the Comprehensive Plan Text and Future Land Use Map Amendment (City petition CPTA-09-02-000016), the Text Amendment to the Land Development Regulations (City petition LDRA-09-02-000020), the Rezoning to a Planned Community Development and Master Plan approval (City petition PPC0-09-02-000002), the DRI approval (City petition PORI-09-02-000002) and the Proportionate Share Agreement scheduled to be heard before the City Council on January 14, 2010 be postponed. As you are aware, the applicants, the City, the Town of Jupiter, the County, FDOT and the Turnpike Enterprise have been working diligently on the Proportionate Share Agreement over the past several months. The requested postponement will allow time for the Agreement to be finalized and allow time for the Board of County Commissioners to adopt the Agreement at a public hearing. We respectfully request that the hearing be postponed to April 1 , 201 0. Thank you for your attention to this matter. If you have any questions, or need additional information, please feel free to contact me at 366-1 7 00. Sincerely, Urban Design Kilday Studios Kenneth Tuma Managing Partner cc: Howard Lester, The Lester Family Investments, L.P. Shannon LaRocque, Palm Beach County Chuck Lubitz, Casey, Lubitz, Ciklin, Martens & O'Connell ____-_ 477 S. Rosemary Avenue Suite 225 - The Lofts at CiAace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax wrrmr.UDKstudios.com LCC35