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HomeMy WebLinkAboutAgenda Council Agenda 111209 anti J CITY OF PALM BEACH GARDENS 0,ok ?alm Gardens Frog COUNCIL AGENDA ay November 12, 2009 7:00 P.M. ____4! lot 'A, ;, Mayor Russo `�� Vice Mayor Levy 50`h Anniversary' Council Member Jablin Council Member Barnett Council Member Premuroso I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS,DELETIONS,MODIFICATIONS: IV. PUBLIC HEARINGS: Quasi-iudicial a. Resolution 80, 2009 — Scripps Florida Phase II DRI - A request by Mr. Ken Tuma, of Urban Design Kilday Studios, on behalf of the property owners, The Lester Family Investments, L.P., et al, and Palm Beach County, for approval of a DRI for the Briger Tract. The proposed PCD/DRI will consist of 1.6 million square feet of biotech research space for Phase II of The Scripps Research Institute's (TSRI) Florida campus, 1 million square feet of biomedical uses, 1.2 million square feet of office, 2.2 million square feet of biomedical/biotech, pharmaceutical and related ancillary uses, 300 hotel rooms, 500,000 square feet of commercial development, and 2,700 dwelling units. The subject site is approximately 681 acres, and is located south of Donald Ross Road, north of Hood Road and east and west of Interstate 95. (POC Natalie Wong) V. 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. t CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and Council THROUGH: Ronald Ferris, City Manage,���6 FROM: Natalie Wong,AICP, Planning Manager SUBJECT: Briger Development of Regional Impact (DRI) Postponement DATE: November 2, 2009 On October 26, 2009, staff received notice from the Applicant of the Scripps Phase II/Briger DRI that they intend to request a postponement of the DRI hearing scheduled for November 12, 2009. The postponement is necessary 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. At the August 20, 2009 City Council meeting the City Council passed Resolution 78, 2009, which set the DRI Public Hearing for November 12, 2009 in accordance with the notice requirements of Section 380.06(11)(d), Florida Statutes. The applicant has requested that the DRI Public Hearing be continued to a time certain of January 14, 2010 @ 7:00 p.m. Therefore, when the November 12, 2009 meeting occurs, the following procedure is recommended: • The Mayor should announce that the applicant has requested that the DRI public hearing be continued to a time certain of January 14, 2010 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 January 14, 2010. • The Mayor should then open the public hearing and ask if there is anyone from the public that wishes to make comment on the DRI. • After taking public comment from those members of the public wishing to speak, the Mayor should ask for a motion to continue the public hearing to January 14, 2010 @ 7:00 p.m. • If there is a second and an affirmative vote the Mayor should then announce that the DRI public hearing is continued. • The special meeting should then be concluded. Again, it should be noted that there will be no presentation on the DRI materials made by staff or the applicant at this meeting. These presentations will be reserved for the new public hearing date set. The related Scripps Phase II/Briger Comprehensive Plan Amendment (CPA) application, currently travelling together with the DRI, must be adopted on the same evening as the DRI in accordance with Section 380.06(6) F.S. Therefore, assuming Council approves the proposed new date requested by the applicant, the second and final reading of the CPA will also occur on January 14, 2009. Since the CPA has not been advertised however, Council does not need to postpone the CPA; only the DRI application. The other two (2) remaining applications related to the project, the Planned Community District rezoning (PCD) application and the proposed Land Development Regulations (LDR) text amendment, are currently under review with the City. Based on the current status of these applications, it is anticipated that first reading could potentially occur at the December 17, 2009 regular City Council meeting, with the second reading/adoption hearing to occur at the January 14, 2010 meeting. Under this scenario, all development applications related to the Scripps Phase II/Briger project could be adopted concurrently. However, it is important to note that the PCD and LDRs do not fall within the same statutory notice requirements of the DRI and CPA. Although it is staff's intent to work with the applicant to process the applications efficiently so that they can be adopted together, the PCD and LDR applications will not be officially scheduled by staff until they are technically compliant. Attachment: 1. Letter requesting postponement dated 10/26/09 urban design October 26, 2009 ki I dci Ms. Natalie Wong, AICP STUDIOS Current Planning Manager Growth Management Department Urban Planning and Design City of Palm Beach Gardens Landscape Architecture 10500 North Military Trail Communication Graphics Palm Beach Gardens, FL 33410 RE: HEARING POSTPONMENT FOR DRI REQUEST FOR SCRIPPS FLORIDA PHASE II/BRIGER TRACT UDS REF:#88-039.005 Dear Ms. Wong: On behalf of the applicants of the above-referenced project, the Lester Family Investments, L.P., et al, and Palm Beach County, we respectfully request that the DRI hearing (City petition PDRI-09-02-000002) scheduled to be heard before the City Council on November 12, 2009 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 January 14, 2010. Thank you for your attention to this matter. If you have any questions, or need additional information, please feel free to contact me at 366-1100. 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 CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDKstudios.com LCC35 eth CITY OF PALM BEACH GARDENS COUNCIL AGENDA November 12, 2009 r. ! 7:00 P.M. .„..1 Mayor Russo ,A 1.. - , Vice Mayor Levy 50*Anolversant ' -- Council Member Jablin 114° Council Member Barnett Council Member Premuroso I. PLEDGE OF ALLEGIANCE H. ROLL CALL M. ADDITIONS, DELETIONS, MODIFICATIONS: IV. PUBLIC HEARINGS: Quasi-iudicial a. Resolution 80, 2009 — Scripps Florida Phase II DRI - A request by Mr. Ken Tuma, of Urban Design Kilday Studios, on behalf of the property owners, The Lester Family Investments, L.P., et al, and Palm Beach County, for approval of a DRI for the Briger Tract. The proposed PCD/DRI will consist of 1.6 million square feet of biotech research space for Phase II of The Scripps Research Institute's (TSRI) Florida campus, 1 million square feet of biomedical uses, 1.2 million square feet of office, 2.2 million square feet of biomedical/biotech, pharmaceutical and related ancillary uses, 300 hotel rooms, 500,000 square feet of commercial development, and 2,700 dwelling units. The subject site is approximately 681 acres, and is located south of Donald Ross Road, north of Hood Road and east and west of Interstate 95. (POC Natalie Wong) V. 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 1 COUNCIL AGENDA November 12, 2009 �[ '1 7:00 P.M. -4400111 Mayor Russo ry Vice Mayor Levy Council Member Jablin Sir . ov Council Member Barnett Km) 7 • t 5 Council Member Premuroso I. ✓PLEDGE OF ALLEGIANCE II. ;/ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: iL/ONU IV. "PUBLIC HEARINGS: Quasi-judicial a. Resolution 80, 2009 — Scripps Florida Phase II DRI - A request by Mr. Ken Tuma, of Urban Design Kilday Studios, on behalf of the property owners, The Lester Family Investments, L.P., et al, and Palm Beach County, for approval of a -'19Clp DRI for the Briger Tract. The proposed PCD/DRI will consist of 1.6 million e051 010 square feet of biotech research space for Phase II of The Scripps Research I Id Institute's (TSRI) Florida campus, 1 million square feet of biomedical uses, 1.2 J million square feet of office, 2.2 million square feet of biomedical/biotech, U pharmaceutical and related ancillary uses, 300 hotel rooms, 500,000 square feet of commercial development, and 2,700 dwelling units. The subject site is approximately 681 acres, and is located south of Donald Ross Road, north of Hood Road and east and west of Interstate 95. (POC Natalie Wong) V. 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. Comments From The Public Request to Address City Council Please Print Name: P4/10)16 f t TI d ( 4 s co _c G. r C Eh VI"',�y�-{` 6 s Address: 2 Z [�la ,��•, c4 �- ' City: 14-Ice t.,./vp$ � Subject: �' g•k( f / r #r h S�c*ti °° `s rf Tkd cl 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: C -tVY'V C R-A P t 1 K C Address: 71 5 1-t v O O)1) BOY 0 City: ? 06 Subject: ¶ 3OL- QT 1 DO ' 0i 900 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: Aw■ gt:fa`f' Address: 1 (9 ' .v eXt- City: We ratl m St A CIf% '3 O Subject: SC( S f o 4-ovc yvvavtitA i 0 e. Gin i 0 4k S GaN)� r f r I v � . Afr. 4kr, 6 lr : L ,e a S'ci ;, i S ' f oti, 49, 4_0 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: ,, f ' 0 Address: 4f001 ! J ' City: S(Lci Subject: C ri s Jjfi1aTJei O 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. Pit '-/O 9 Stu-Z Ci ,w,e, 1 Re-a,.k kro 1212.444..( 8 M Tonight we are holding quasi-judicial hearings • J gs on the following cases •Resolution 80, 2009 — Scripps Florida Phase II DRI This means that the City Council is required by law to base its decision on the evidence contained record of this proceeding, which consists of the testimony at the hearing, the materials which ar n the i official City file on this application and any documents presented during this hearing. n the The Council is also required by law to allow cross-examination of any witnesses who testify Cross-examination may occur after the staff, the applicant and other artici ants ha a tonight. presentations and will be permitted in the order of the witnesses' appearance. It s necessary made their who testifies at the hearing remain until the conclusion of the hearing in order to be able t that anyone any questions. to respond to If you plan to testify this evening, or wish to offer written comments, please fill out a car the City Clerk, card and give it to The City Clerk will now swear in all persons who intend to offer testimony this evening cases. Y g on any of these 1/ lA L/u c c;y C�✓NCZ 71)7( R t-a-d ,wro CITY OF PALM BEACH GARDENS CITY COUNCIL NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the City Council of the City of Palm Beach Gardens, Florida will conduct a Public Hearing on November 12, 2009, at 7:00 p.m., or as soon thereafter as can be heard, at the Municipal Complex Building located at 10500 North Military Trail, Palm Beach Gardens, Florida regarding: RESOLUTION 80, 2009 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. A request by Urban Design Kilday Studios, agent for The Lester Family Investments, L.P. et al. and Palm Beach County, for approval of the below request on a 681-acre site located south of Donald Ross Road, north of Hood Road, and east and west of Interstate 95 in Palm Beach Gardens, and is commonly known as Scripps Florida Phase II/Briger Tract DRI.