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HomeMy WebLinkAboutAgenda Council Agenda 081601City of Palm Beach Gardens Council Agenda August 16, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING August 16, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: a. Representative Atwater V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: a. "Character First' Program. b. Public Information Report. C. Golf Course Maintenance and Management - Request for Proposals. 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: a. Resolution 125, 2001 — Temple Beth David Plat. Consideration of approving the Temple Beth David Plat. b. Resolution 112, 2001 — Change Orders for EDA Projects. Consideration of approving change orders and one additional purchase order for ongoing EDA Projects. C. Florida League of Cities. Consideration of appointing City Manager Ferris as the Voting Delegate at the business session of the Florida League of Cities 75`h Annual Conference. d. Truancy Interdiction Program/Field Office. Consideration of renewing the lease for the Police Department Truancy Interdiction Program/Field Office. e. Resolution 130, 2001 — Amendment to City Manager's Employment Agreement. Consideration of an amendment to the employment agreement with the City Manager. f. Proclamation — Literacy Awareness Month. IX. PUBLIC HEARINGS: a. Ordinance 25, 2001 - Excavation and Fill Text Amendment (Second Reading). Consideration of amending Article IV, "Zoning Districts," of the Land Development Regulations of the City of Palm Beach Gardens by amending Section 93, "Permitted Uses, Conditional, and Prohibited Uses," Subsection 0)(66), "Excavation and Fill, and Borrow Pit Operations" to allow excavation and fill operations as an independent development order; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. b. Ordinance 31, 2001 — School Concurrency. (First Reading) Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for amendments to the Comprehensive Plan of the City of Palm Beach Gardens based on the recommendations of the Local Planning Agency and staff, providing for transmittal; providing for codification in the Comprehensive Plan; providing for severability; providing for conflicts; and providing for an effective date. X. RESOLUTIONS: a. Resolution 85, 2001 — PGA National Office Center Sidewalk. Consideration of approving an application from PGA of America for an amendment of a previously approved Site Plan by granting a waiver from Section 256 of the City's Land Development Regulations (LDRS), in order to delete portions of the approved sidewalk on Avenue of Champions, adjacent to the PGA Office Center, as more particularly described herein, and to delete condition #6 in Resolution 145, 1999, which requires the applicant to extend its sidewalk from the northern limit of its property to PGA Boulevard; providing for a waiver. b. Resolution 123, 2001 - Mirasol Parcel 20 Site Plan Amendment. Consideration of approving a site plan application for "Parcel 20" located within the Mirasol Planned Community Development, allowing for the development of 70 semi - custom, zero -lot line, single - family dwelling units, located approximately 1 mile northwest of the intersection of PGA Boulevard and Jog Road, and as more particularly described herein; providing for waivers. XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 26, 2001 — Parcel 12.05 Small Scale Land Use Banyan Tree West (First Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Comprehensive Plan of the City of Palm Beach Gardens by changing the Land Use designation on approximately 7.43 acres of land located at the northwest corner of Northlake Boulevard and MacArthur Boulevard, from Mixed -Use to Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. b. Ordinance 27, 2001 — Parcel 12.04 Small Scale Land Use Banyan Tree West (First Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Comprehensive Plan of the City of Palm Beach Gardens by changing the Land Use designation on approximately 5.21 acres of land located at the northwest corner of Northlake Boulevard and MacArthur Boulevard, from Mixed -Use to Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. C. Ordinance 30, 2001 - Gardens Station Small Scale FLU amendment MXD to PO (First Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Comprehensive Plan of the City of Palm Beach Gardens by changing the Land Use designation on approximately 7.6 acres of land located approximately 215 feet from the intersection of RCA Boulevard, from Mixed -Use to Professional Office; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. d. Ordinance 28, 2001 — Budget Amendment (First Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens providing for an amendment o the City of Palm Beach Gardens Budget for the Fiscal Year beginning October 1, 2000, and ending September 30, 2001, inclusive; providing for the repel of ordinances in conflict herewith; providing for severability; and, providing for an effective date. Ordinance 29, 20001 — Temple Beth David Conditional Use and Site Plan Amendment (First Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a conditional use for the expansion of a temple including the construction of social hall, future sanctuary with a maximum of 275 seats, kitchen and storage facilities, lobby and restroom facilities, expansion of the educational facilities to accommodate a maximum of 102 students, and future offices, to be located on a 5 -acre site located on the north side of Hood Road, halfway between Military Trail and Central Boulevard, at 4657 Hood Road; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. f. Ordinance 22, 2001 - Parcel 4.10 Future Land Use Plan Amendment — 13 acres, MXD to C (First Reading). Consideration of amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the Land -Use Designation on approximately 13.5 acres of land, located at the southwest corner of Donald Ross Road and Central Boulevard, from Mixed Use to Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. (For Reconsideration) XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: a. Wetlands— Discussion b. Future Annexation Areas of Conflict. XIV. CITY ATTORNEY REPORT: a. Proposed Settlement Agreement with Weiss Group, Inc. b. Report and Recommendations of Charter Review Committee In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than S days prior to the proceeding at telephone number (561) 799 -4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. c+ • CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and Council DATE: August 6, 2001 APPROVED: Ron Ferris, City ManageK FROM: Sheryl Stewart, Assistant to City Manager SUBJECT: Character First Program Background At the March 1, 2001 City Council Meeting, staff was directed to research the Character First program, and present information to Council. In 1992, Tom Hill, the Chief Operating Officer of Kimray, Inc. and current President of the Board of Directors of the Character Training Institute, developed and piloted the Character First program in Oklahoma City. Kimray, Inc. is a manufacturer of oil and gas equipment and controls, servicing producers and equipment manufacturers in the petroleum industry. The mission statement of Kimray, Inc. is as follows: "Honoring the Lord in all we do by operating in a manner consistent with Biblical principles. Serving our employees and their families by establishing a work environment and company policies which build character, strengthen individuals, and nurture families. Producing a high quality, marketable product at a fair price in order to provide a return on stockholder's investment, share the Lord's blessing with our employees, and invest in our community." Information about the Character First program and the Character Training Institute is attached, including the operational structure and the most recent financial report. The Character Training Institute is a 501(c)(3). The Board of Directors represents three main aspects of the Character First program — education, business and government. According to the information provided, there are currently two Character Counties in Florida. All cities within those counties are Character Cities. The goal of the program is to build character traits and values into the culture of the different sectors of a community. The International Association of Character Cities (IACC) provides training and materials primarily for government. The program requires a commitment initially through a public declaration, such as a resolution, stating the city's goal of encouraging all citizens to develop good character. The IACC also suggests forming a steering committee to involve a broad -based • representation of the community such as education, civic groups, chambers of commerce, businesses, judicial system, government and faith -based organizations. -This committee, which IACC refers to as a "Character Council," would plan the strategy to implement character within all sectors of the community. In particular, the plan requires a city to do the following: ➢ Train department heads, managers and supervisors in character development (at minimum, a one -day seminar conducted by the Character Training Institute). ➢ Department heads to recognize and praise daily the character traits in their employees. ➢ Conduct monthly employee meetings in order to introduce monthly character qualities using Character First bulletins. Staff has been advised that an organization would measure success with this program in terms of an increase in employee productivity, increase in employee attendance and attitude, and a reduction in workers compensation claims. The cost for starting the Character First program in the City of Palm Beach Gardens based on the attached information from the IACC is estimated as follows for the first year including a discounted rate: Training • On site 7 hours for department heads and managers $ 975 Travel expenses for trainer from Oklahoma $ 565 Materials (workbooks and pocket guides): $50 /employee for 350 employees $17,500 Subtotal $19,040 Materials Monthly bulletins: $1 /month for 350 employees $ 4,200 (+ shipping) Achieving True Success Books: $12 for 350 employees $ 4,200 Subtotal $8,400 Estimated Grand Total $27,440 These costs do not reflect staff time to coordinate the program during the start up phase and the subsequent years. After the first year, the program would require the purchase of the monthly bulletins on a continual basis. Another part of the Character First program is called the "Mayor's Emergency Response Initiative Team (MERIT)." As described in the attached brochure, this is a volunteer program of young men appointed by the mayor of a city to assist with emergency response, community service projects and character initiatives. MERIT members would attend local meetings and yearly camps which train young men on spiritual, mental, • social and physical skills. r� Discussion and Recommendation Staff has met with Jay Bonner from the Church of the Nazarene, who has also provided information for discussion with the Gardens Neighborhood Association as well as other officials in Palm Beach County and the School Board. Based on staffs research, the success of the Character First program depends largely on a grassroots effort rather than an extension of the government. One of the first Character Cities, Baton Rouge, Louisiana, has indicated that this program needs to be established and created by the community in order to reflect the issues, challenges and concerns of citizens without government mandate and spending public dollars. The recommendation of IACC is to secure the support of government officials and establish a "Character Council" of citizens represented by various public and private entities throughout the community. There are increasingly limited resources and budgetary constraints. In addition, the overall focus of this program is to foster ownership by the community. Therefore, it may be appropriate for the City to endorse the Character First program as a separate initiative of a more diverse group, such as a consortium of neighborhoods, government, schools, businesses, chambers of commerce, civic organizations and faith -based groups. Conclusion Due to competing needs for City resources including funds and staff time the most mP � Y � g effective course of action would be to endorse the International Association of Character Cities' effort to establish a separate, diverse, community -based group to analyze the program further. This group could function as the local "Character Council," and serve as the Character First program conduit between the neighborhoods, schools, businesses and the City. If there is interest and support from a broad spectrum of the community, funds could be raised by those groups to support the costs such as those outlined above. Should you have any questions, please advise. Attachments is Public Information Monthly Report July 2001 Public Information Related Activities Some of the written coverage included: • Mayor Russo's Monthly PGA C.A.N. Article • For whom does the bell toll? Summer school (Jupiter Courier) • At Gardens City Hall, it's art for art's sake (Palm Beach Post) • PBG fire - rescue wins award (Neighborhood Post) • Digging best friends photo (Neighborhood Post) • Gardens teenager sets his sights on a career in medicine (Neighborhood Post) • It's something in the water, tennis dad says (Palm Beach Post) • Palm Beach Gardens Woman's Club photo (Weekday) • Ballenlsles completes final land sales to builders (Weekday) • DOT Holds Public Workshop on Northlake Turnpike Interchange (C.A.N. Newspaper) • Gardens proposes 29% tax increase (Palm Beach Post) • PBG Under -12 All Stars win district baseball title (Palm Beach Post) • Officers Robert O'Dell and Jack Schnur have been suspended for 10 days without pay (Palm Beach Post) • Catalfumo drops lawsuits against 2 residents who challenged Gardens drainage project (Weekday) • An Art Exhibition Featuring 'Reef Sculptures' photo (Weekday) • GardensArt presents'Kids for Peace Pilgrimage Traveling Art Exhibit' through Aug. 17 (Weekday) • Gardens, Juno Beach Vying to annex Captain's Key, Seminole Landing (Weekday) • Pulling the plug on Swampfest (Palm Beach Post) • Towns compete for posh communities (Jupiter Courier) • Summer, sun and - -- football (Jupiter Courier) • Williams secures place among Wimbledon greats (Palm Beach Post) • Sweet repeat for Williams (Palm Beach Post) • 3 Gardens officers face discipline for remarks (Palm Beach Post) • PGA bridge closing to detour traffic to Donald Ross Road (Jupiter Courier) • Finance Director Kent Olson announced his resignation (Palm Beach Post) • Palm Beach Gardens gets $200,000 recreation grant for new District Park (Weekday) • Gardens officials propose 29% tax increase (Weekday) • PBG reopens Lighthouse Drive /Alt. A1A intersection ahead of schedule (Weekday) • Burns Road lane closures July 18 -31 (Weekday) • Photo of State Representative Jeff Atwater with Colin Kelly and Linda Paras (Weekday) • Photo of Mayor Russo presenting Kent Olson key to the City (Weekday) • Golf testing facility plans move to PBG (Gardens Neighborhood News) • Cable U. (Palm Beach Post) • Worker kills boss, wounds co- worker (Palm Beach Post) • Witness: Worker picked targets (Palm Beach Post) • Construction site shooting victim clings to life (Palm Beach Post) • The city will be spraying for mosquitoes for about a week starting today. (Palm Beach Post) • FPL might build in Jupiter of Gardens (Palm Beach Post) • Police: Shooting was payback (Jupiter Courier) Press Releases • State Senator Ken Pruitt presented Mayor Russo $200,000 check • The Certificate for Excellence in Financial Reporting has been awarded to the City of Palm Beach Gardens • Mayor Joe Russo presented Kent Olson a key to the City of Palm Beach Gardens • Beginning Wednesday, July 18, 2001 there will be intermittent lane closures on Burns Road • The City of Palm Beach Gardens will be spraying for mosquitoes beginning Thursday, July 26, 2002 and continuing for one week • The City of Palm Beach Gardens is pleased to announce the recent hiring of Louis Allan Owens as Finance Director Special Event Permits St. Ignatius Loyola Garage Sale July 28, 2001 Public Information Special Projects • Published monthly edition of City Hall Gazette • Continued to assist Police Department with plans for Police National Night Out August 7, 2001 • Conducted monthly meeting of the Communication Team on July 11, 2001 • Attended and photographed GardensArt Reception on July 12, 2001 • Published and mailed 19,556 copies of City Line Citizen Services Related Activities COMPLAINTS / ISSUES /SERVICE REQUESTS/INQUIRIES • Received and processed 14 complaints through the "One Stop Shop" phone number 6 have been fully resolved and 8 are still outstanding. • There are now a total of 20 outstanding complaints in the Citizen Services Division, broken down as follows: • Administration -0 • Growth Management -0 • Code Enforcement -5 • Public Works -15 • Police Dept. -0 • Processed, received, collated and filed 61 new (July) complaint forms forwarded from Public Works. Entered these complaints into CivicTracker database. • Processed 84 completed complaint forms from Public Works. • Maintained both complaint databases that included data entry for 120 new and completed complaints. NEIGHBORHOOD PROGRAM • Sent out over six hundred invitations to the Neighborhood Program Meeting on August 1, 2001 • Prepared the budget summary and arranged for it to be enclosed in the City Line. BIG PROGRAM • Collected $100.00 for the BIG program and this brings the total collected to date for the BIG Program to $25,500.00. VOLUNTEER PROGRAM • Utilized 12 volunteers for a total of 182.75 hours at a savings to the City of $2,613.33. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 08/03/01 Meeting Date: 08/16/01 Subject /Agenda Item: Proposals for Management and Maintenance of the Palm Beach Gardens Municipal Golf Course. Recommendation /Motion: Staff recommends the City Council reject proposals as submitted for the Management and Maintenance of the Palm Beach Gardens Municipal Golf Course and select option 1 on the attached sheet. Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City Attorney Finance [ ] Approved Finance (� $ [ ] Approved w/ V Current FY conditions ACM [ ] Denied Other Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [X ] Not Required [ ] Other Memorandum Submitted by: 1 Holly Luzader /I Assistant Depa ent Affected parties Budget Acct. #: Director [ ] Notified Several throughout the [ ] None Approved by: Budget in each department. City Man ger [ X ] Not required CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ronald M. Ferris, City Manager DATE: August 2, 2001 FROM: Holly Luzader, Assistant Finance Director SUBJECT: Proposals for Golf Course Management BACKGROUND On July 9, staff received two proposals for Management and Maintenance of the Palm Beach Gardens Municipal Golf Course. The two proposers were the current management firm, Meadowbrook Golf Corp. and the City of Palm Beach Gardens Parks and Recreation Department. A five - member committee was formed to review the proposals. The members of the committee were: Peter Bergel, Fire Chief Hank DuFour, Human Resources Director Sheryl Stewart, Assistant to the City Manager Joseph Lo Bello, Finance Director, Juno Beach Holly Luzader, Assistant Finance Director DISCUSSION The Golf Course Management RFP Evaluation team met on August 2, 2001 and discussed the proposals as submitted. After discussion about the proposals, the committee decided a number of items were not addressed in the RFP. The committee indicated a detailed financial plan and marketing plan were not included in the proposals. These items are necessary to evaluate the proposals. Also, a three -year contract with a two -year extension was too long of a commitment. RECOMMENDATION Option 1 —The original proposals be rejected and the City enter into a short-term agreement with the current management company to extend their contract by three - months. The City would then take over management of the Golf Course as of January 1, 2002. This would allow the City sufficient time to obtain insurance coverage, coordinate staffing and develop a detailed financial and marketing plan. Option 2 - The original proposals be rejected and the City enter into a short-term agreement with the current management company to extend their contract by three - months. This will allow a new RFQ to be prepared to shorten the term of the contract and require a financial plan and marketing plan for the Golf Course. Option 3 — Accept the proposal from Meadowbrook for a three -year contract at $84,000 per year. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: August 6, 2001 Meeting Date: August 16, 2001 Subject /Agenda Item: Resolution 125, 2001 - Temple Beth David -Plat Recommendation /Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: Originating Dept.: Costs: $ 0 (Total) Council Action: City Attorney Gr wth Management k $ 0 [ ] Approved [ 1 Approved w/ Finance Current FY conditions [ ] Denied ACM Funding Source: [ ) Continued to: Advertised: Attachments: Other [ ] Operating [X ] Not Required [ ] Other S mitted by: ., C an C. Donahue, P.E. Assistant City Engineer Affected parties [ ied Budget Acct. #: [ ] None Approved by: / City Manag r [X] Not required BACKGROUND: See attached memorandum. CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax (561) 286 -3925 www.lbfh.com MEMORANDUM TO: Carol Gold 7 FROM: Sean C. Donahue, P.E. DATE: July 12, 2001 FILE NO. 96 -2111 SUBJECT: Temple Beth David Attached please find the final plat for the referenced project prepared by Lidberg Land Surveying, Inc. received on July 11, 2001. We have reviewed the plat and found it to be technically compliant with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. Therefore, we recommend its approval. SCD/ PAPROJECTSTBGM EM0\2111 \2111 zb RESOLUTION 125, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE TEMPLE BETH DAVID PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Temple Beth David Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Temple Beth David Plat consisting of two (2) sheets dated July 2001, prepared by Lidberg Land Surveying, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of , 2001. JOSEPH R. RUSSO MAYOR ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 125, 2001 Page 2of2 VOTE: AYE NAY ABSENT Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello c x ' o ' - - 1, 1 r - An 7-1 b m e _- -- - S2 _ x A �- H m - ey M d a H O x a z a t W M C Do H O x m - -_ � ! r a - - z ~ - - � o k yRy < Pq aC e,C 0 3 O y - - - CA a z c K 0 cn x O H r -C z z m 0 z =q C) Om yOm �mm N C O m �Aj o m--4 M C) 0 mm hwAd NOW - 0 0 O mp m--4 m MM =Z C-) C) o c 4 N o -n(-- d ox C),u o� D m .p N m q�lggp 11 29 5% n c - a x x K � e n -n C+7 I o�nam r �o_ _a=e. m - x m n c m r m °° �An tj ca g CA Mz > m �,� M - ClJ �-C : p - rr .30 • a n �m x ►r H ° o - �n• x - - H � 1. o �mmm < a� r m n n m < I _ m mm a m - -_ � ! r a - - z ~ - - � o k yRy < Pq aC e,C 0 3 O y - - - CA a z c K 0 cn x O H r -C z z m 0 z =q C) Om yOm �mm N C O m �Aj o m--4 M C) 0 mm hwAd NOW - 0 0 O mp m--4 m MM =Z C-) C) o c 4 N o -n(-- d ox C),u o� D m .p N m q�lggp 11 29 5% n ' vl�m�m -9 � ® o ■ CENTRAL BOULEVARD - ° z __ 1 ��� 130' MIRE RICHL- OPYRY IO. 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Funding Source: [ ] Continued to: Attachments: Other Date: [x ] Operating MEMO [ ]Other MATRIX Paper: [ ] Not Required Submitted by: Hoyt Owens, t Pubic Works Director Affected parties Budget Acct.# [ ] Notified 001 - 3040 - 541.4600 [ ] None Approved by: Ronald M. Ferris, City Ma ger [ ] Not required Background: See attached memorandum and matrix. CITY OF PALM BEACH GARDENS M. MEMORANDUM TO: Ron Ferris, City Manager DATE: August 6, 2001 a FROM: Dan Clark, City Engineer Hoyt Owens, Public Works Director SUBJECT: EDA CONSTRUCTION GRANT PROJECTS PURCHASE ORDER / CHANGE ORDERS On September 23, 2000 the United States Department of Interior — Economic Development Administration (EDA) approved a $200,000 matching Flood Mitigation Capital Improvements Grant for the City. As stipulated within the grant, all construction must be completed within one calendar year from the award date. The City has proceeded to complete the remaining four projects in a timely manner (February to July 2001) with the last project at Lighthouse Drive / Al being completed on July 10, 2001. The attached matrix provides an overview for each project with the original cost estimates verses the actual construction costs. There are several change orders that need to be applied to existing purchase orders and approval for a purchase order for the Holly Drive Ditch Closure Project. The following points are highlighted: 1. Original construction cost estimated $367,062.00 2. Construction costs without RCA Salinity Weir modifications 304,982.00 3. Actual construction costs with change orders (estimated) 361,014.63 After preliminary discussion EDA may allow the RCA Salinity Weir funds to be applied to the actual construction of the 5 completed projects. If this scenario is approved there is no net increase in the original matching grant construction project costs. If EDA does not approve the use of the entire grant fund to be used across the board for the 5 actual projects, then the City will have to pay the difference of construction dollars spent at $55,942.63 ($367,062 in construction funds minus RCA Salinity Weir at $61,990 = $305,072. Actual construction costs at $361,014.63 minus $305,072.00 = $55,942.63). Ron Ferris Memo — August 6, 2001 Page 2 The $55,942.63 is currently available in account #01- 3040 - 541.4600. $100,000 was allocated in FY01 for headwall and outfall maintenance. The majority of the change orders encompassed improvements to the headwalls or outfalls at the sites to facilitate a reduction in future maintenance. The specific change orders to existing purchase orders and a request for a purchase order are, as follows: Project Purchase Order # Grant Allocation Lighthouse Drive 2812 $122,280.00 At Al A Allamanda Spillway 2458 99,489.00 Sandlewood Estates 2457 12,873.00 Burns Road at 2779 19,730.00 canal by Rainwood Circle Change Order +$22,720.00 Estimated total at $145,000.00 None — Actual costs at $63,793.32 +$2,238.75 paid 11/30/00+ +$10,488.13 Holly Drive at P.O. 50,700.00 Total costs at High School- Requested $106.891.53 Ditch Closure Dan Clark and I will be available to answer any questions that may arise. HO /ca attachments: rA 9W W W z U a 1-. o oCd Cd a� O H +' O 00 V] O I'D cd O s 40. 1 Cd 6. 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O a N +- � = > -o o '� o o E U • - Cd 0 ' - O cd .� Cd N ' " -0 cd U W� U ' = C o U'� add -`d �Q COO 0 s, RESOLUTION 112, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING CHANGE ORDERS AND ONE ADDITIONAL PURCHASE ORDER FOR ONGOING EDA PROJECTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in September 2000, the United States Department of Interior — Economic Development Administration (EDA) approved a $200,000 matching Flood Mitigation Capital Improvements grant for the City; and WHEREAS, during the course of completing the various projects funded bythe EDA grant, City staff has initiated certain modifications, subject to City Council approval; and WHEREAS, the City Council finds that it is in the best interest of the public health, safety and welfare to approve the change orders and the additional purchase order requested by City staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby approves the request for change orders and the request for a purchase order set forth in the memorandum dated August 6, 2001 from City Engineer Dan Clark and Public Works Director Hoyt Owens, attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 3: All resolutions or parts of resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED AND ADOPTED THIS DAY OF -1- .2001. ATTESTED BY: CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK MAYOR JOSEPH R. RUSSO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT -2- D TO: IN SUBJECT: CITY OF PALM BEACH GARDENS MEMORANDUM Mayor Joseph Russo DATE: July 24, 2001 Patty Snider, Administrative Assistant to the City Manager fS Florida League of Cities Meeting Ron will be attending the Florida League of Cities 75`h Annual Conference from August 23'd through August 25'h in Lake Buena Vista. He will be the only attendee from the City of Palm Beach Gardens and will therefore need to be appointed as the voting delegate at the Annual Business Session. Attached is the designation of voting form for your signature. If you have any questions, please give me a call. /ps IF YOU HAVEN'T ALREADY DONE SO, PLEASE COMPLETE THIS FORM AND RETURN IT TO THE LEAGUE OFFICE. THANK YOU. 75th Annual Conference Florida League of Cities, Inc. August 23 -25, 2001 Lake Buena Vista, Florida It is important that each member city sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By -Laws requires that each city select one person to serve as the city's voting delegate. -Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: Ronald M_ Perris Title: Citv Manager City of: C;+_-., of na,.. Bc,,.h Cardens AUTHORIZED BY: Na se6h R.1-Russo Mawr Title �1 v� Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302 -1757 or Fax to Gail Dennard at (850) 222 -3806 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum: August 8, 2001 Meeting Date: August 16, 2001 Subject/Agenda Item: Renewal of Lease Agreement with Seymour A. Fine for Truancy Interdiction Center on Lilac Street Recommendation /Motion: Staff recommends renewal of the lease on a month -to- month basis at 4279 Lilac Street, Palm Beach Gardens, FL for the Police Department Truancy Interdiction Program facility and police field office. Reviewed y: Originating Dept.: Costs: $ 775.00 per mo. Council Action: C� rile (Total) City Att [ ] Approved $ 0 [ ] Approved w/ Current FY conditions ACM [ ] Denied Other Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ X ] Operating Original Lease [ ] Other Agreement and Renewal Paper: [ X ] Not Required Memorandum Submitted y: Department Director Affected parties [ ] Notified Budget Acct. #: 01- 1030 - 521.4430 [ ] None Approved by: City M n g r [ X] Not required I BACKGROUND: The original lease agreement was entered into in August of 1998, providing for a facility to operate the North County Truancy Center and a police field office on Lilac Street. Upon completion of fire station 4 on PGA Boulevard, the Truancy Center will relocate to the police field office at that site. DISCUSSION: The lessor, Seymour A. Fine, has agreed to allow the City of Palm Beach Gardens to renew a lease on a month -to -month basis, subject to cancellation notice of 30 days. RECOMMENDATION: Staff recommends the approval of a month -to -month lease agreement at 4279 Lilac Street, Palm Beach Gardens, FL for the Police Department Truancy Interdiction Program facility and police field office until completion of fire station 4, at which time the Truancy Center will be relocated to the police field office in the fire station. W SEYMOUR A. FINE, BUILDER 3902 BURNS ROAD PALM BEACH GARDENS, FL 33410 Mr. Ron Ferris, City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 The lease on your apartment at 4279 Lilac Street, Palm Beach Gardens, FL for the Police Department T.I.P. /Field Office will expire on July 31, 2001. We hope that you will want to continue occupancy of your apartment. We request that you sign both copies of the lease renewal below and return both copies to us. Should we receive the enclosures within fifteen (15) days prior to the date of renewal, we will execute them and return your copy to you. Thank you. RENEWAL OF APARTMENT LEASE THIS RENEWAL AGREEMENT dated August 1, 2001 is a rider to and forms a part of the original lease ( "The Lease ") dated August 1, 1998 between SEYMOUR A. FINE, BUILDER, as LANDLORD and CITY OF PALM BEACH GARDENS, FL as TENANT for the apartment located at 4279 Lilac Street, Palm Beach Gardens, FL The Lease is hereby extended for an additional term of 12 months commencing August 1, 2001 and ending July 31, 2002, and the TOTAL RENTAL during this period shall be: NINE THOUSAND THREE HUNDRED AND NO /100 - - - - - - - - ($9,300.00) DOLLARS payable in installments of $775.00 per month. ALL OTHER Covenants and Conditions of the Lease shall remain in effect, and no Covenants and Conditions of the Lease shall be deemed waived by the LANDLORD by any action or non - action in the past by LANDLORD. SEYMOUR A. FINE, BUILDER SEAL Lessor or Lessors Agent CITY OF PALM BEACH GARDENS, FL SUBJECT TO CANCELLATION UPON RET7 OF THIRTY (30 AYS NOTICE WITHOUT PENALTY. • LEASE • THIS AGREEMENT made and entered into this IV Wu day of August, 1998 by and between SEYMOUR A. FINE, BUILDER ("Lessor") and CITY OF PALM BEACH GARDENS, FL ( "Lessee "). WITNESSETH: That the Lessor hereby demises, leases and lets unto the Lessee for the term of twelve (12) months commencing on August 1, 1998 and ending on July 31, 1999 (the "Term "), the premises located at 4279 Lilac Street, Palm Beach Gardens, FL 33410 (the "Leased Premises ") to be occupied as a City of Palm Beach Gardens' Police Department Truancy Interdiction Program/Field Office by the Lessee, under the terms and conditions set forth herein. And the Lessee hereby covenants and agrees to pay to the Lessor a total annual rental of $8,700.00 which shall be payable in equal monthly installments in advance without demand on the first day of each and every month. The Lessor hereby acknowledges receipt from the Lessee of $725.00 representing rent from the effective date of the term of this Lease to the first day of the next succeeding month. Lessee agrees to pay to Lessor a late charge of forty dollars ($40.00) on any installment of rent paid or owing on or after the fifth day of the month'for which such rent is due. In addition, Lessee agrees to pay a service charge of twenty dollars ($20.00) for any rent check not honored by Lessee's bank. Late charges for late payment of rent and service charges for dishonored or returned checks of Lessee shall be considered as additional rent, and Lessee's failure to pay such fees when due may subject Lessee to an eviction proceeding and other remedies-of-the Lessor for default by Lessee. Lessee does further covenant and agree not to use, nor permit to be used, the Leased Premises for any illegal, immoral or improper purpose, not to violate the rules and regulations, not to make nor permit any disturbance, noise or annoyance whatsoever detrimental to the Leased Premises, the surrounding property or to the comfort and peace of any of the other tenants of the apartments, or their neighbors, and Lessor does hereby reserve the right to terminate this Lease, at its sole discretion, at any time any such conditions are permitted to exist. 1 - SECURITY DEPOSIT. There is no security deposit required under this Lease. Any provision relating to a security deposit in this Lease is not applicable. A. At. or prior to occupancy of the Leased Premises, Lessee has been given the right to inspect the Leased Premises and provided Lessor with a written list of any and all damages to the Leased Premises prior to Lessee's occupancy of same. Lessee acknowledges that any and all damages to the Leased Premises that were not listed on Lessee's written list to Lessor shall be and are the sole responsibility \ of Lessee. Lessee covenants and agrees to the following terms and conditions: (1) At the expiration of the Term or sooner termination of this Lease, Lessee shall, at Lessee's sole cost and expense, thoroughly clean the Leased Premises, including all kitchen appliances, bathroom fixtures, closets, storage areas, and patios, so that the Leased Premises will be in the • • same condition as on the commencement date of this Lease, normal wear and tear excepted. (2) At the expiration of the Term or sooner termination of this Lease, Lessee shall dispose of all food, trash, and garbage and shall remove all personal property of Lessee from the Leased Premises. (3) At the expiration of the Term or sooner termination of this Lease, Lessee shall deliver the Leased Premises to Lessor free of flea infestation, insects, pest or vermin, whether caused by Lessee's pets, IF ANY, or otherwise. (4) During the Term of the Lease, Lessee shall observe and follow all Rules and Regulations including, but not limited to, those pertaining to pets. (5) Lessee agrees to pay all rent required under the terms of this Lease, up to and including the last month's rent as the same comes due. B. Additional Rent. All repairs required through damage caused by Lessee, his guests or members of his family, including, but not limited to burns or stains on carpeting, damage to walls and cost of removing foreign substances from toilets and sinks, etc. shall be charged to Lessee as additional rent. It is agreed that Lessee will not make or permit to be made any alterations, additions, improvements or changes in the Leased Premises without, in each case, first obtaining the written consent of Lessor. Any consent by Lessor to a particular alteration, addition, improvement or change shall not be deemed to be a consent by Lessor or waiver of restrictions against future alterations, additions, improvements or changes. C. The Leased Premises are not to be used for residential purposes. Use of the Leased Premises shall be for governmental use by the Lessee. 2 - ALL payments shall be made at the office of the Lessor at 3902 Burns Road, Palm Beach Gardens, Florida 33410 and time of payment therefore shall be of the essence. 3 - UTILIMS. It is hereby agreed that neither electricity, water and sewer, gas, or telephone service is included in the aforesaid rent, but shall be paid for separately by the Lessee. 4 - SIGNAGE. That the Tenant shall not expose any sign, advertisement, illumination or projection in or out of the windows or exterior, or from the said building, or upon it in any place, except such as shall be approved and permitted in writing by the Lessor or the Lessor's authorized agents. 5 - DAMAGES. Lessor shall not be responsible for damage caused by any rainstorm or hurricane, and shall be under no obligation to place storm shutter or other protective material over windows or doors, and Lessor does not, in fact, possess such shutters or protective materials. Lessee shall be responsible for insuring all Lessee's property in the Leased Premises against fire, rain, flood, windstorm, theft, accidents, and other perils. 2 • E 6 - ASSIGNMENTS. Lessee shall not assign this lease or sublet any part of the Leased Premises without the prior written consent of Lessor which consent shall not be unreasonably held for any use by the Lessee for non - residential governmental purposes. 7 - EARLY TERMINATION. Providing Lessee is not in breach or default of any of the terms and conditions of this Lease, Lessee may terminate this Lease prior to the end of the Term by doing ALL of the following: a. Giving Lessor not less than thirty (30) days written notice of termination prior to the proposed termination date; and b. Paying Lessor all monies due through the date of termination, including, but not limited to, the rent through the date of termination, all late fees and returned check fees; and c. Paying Lessor an additional amount equal to three (3) months rent. 8 - QUIET ENJOYMENT. Lessor covenants that it is the lawful owner of the Leased Premises, has full rights and authority to lease the same, and that Lessee shall have quiet enjoyment of the Leased Premises and shall not be evicted or disturbed in possession of the Leased Premises by Lessor or by anyone claiming by, through or under the Lessor, as long as Lessee complies with the terms and conditions of this Lease and the rules and regulations. Lessor reserves the right to inspect such Leased Premises at reasonable times as often as it shall deem necessary, and to show the apartment at reasonable hours to prospective tenants during the thirty (30) days prior to the expiration of the Term of this Lease. 9 - PARKING. It is expressly understood and agreed that the parking spaces at said premises are limited to private passenger vehicles. Parking on the grass is prohibited and violators are subject to towing at owner's expense. Boats, trailers, rafts, campers, A.T.V.s, tractor trailers or large trucks or other similar vehicles and devices shall not be permitted on the property of the apartments. No auto or other vehicle repairs of any kind are to be made on the property, and if oil stains, transmission leakage or any other damage occurs in Lessee's parking space, the Lessee shall be responsible for having the area cleaned and/or repaired in a manner that is acceptable to Lessor. Vehicles leaking oil or gasoline shall be repaired or removed from the premises. Inoperative or unregistered vehicles shall not be parked on or in front of the property. Police vehicles shall be considered as private passenger vehicles. 10 - POOL AND OTHER RECREATIONAL FACILITIES; INDEMNIFICATION. Notwithstanding any other provision of this Lease to the contrary, Lessee and its employees and invitees shall not use the recreational facilities, which recreational facilities include the swimming pool and recreation building. a. Lessee understands and agrees that use of the Recreational Facilities may involve some potential for injury or property damage and Lessee hereby certifies that any use of the Recreational Facilities by Lessee or Lessee's family, guests or invitees shall be undertaken freely and voluntarily and solely at their 3 own risk, without any liability to Lessor or its agents or employees. Lessee further acknowledges and agrees that he has been advised that the use of the Recreational Facilities should only be undertaken by those having specific knowledge as to the operation and use of such facilities and equipment, and that Lessor specifically disclaims any warranty or agreement with respect to the condition, use, safety, operation or servicing of any of the Recreational Facilities. b. Lessee hereby agrees to indemnify, save harmless and defend Lessee, its partners, or its or their officers, directors, employees, agents, successors and assigns from and against any and all claims, suits, damages, and judgments which may be brought or asserted in connection with Lessee's use of the Recreational Facilities, including reasonable attorney's fees and court costs at all judicial levels. 11 - DAMAGE OR DESTRUCTION OF PREMISES. If the Leased Premises are damaged or destroyed other than by the wrongful or negligent acts of Lessee, so that the enjoyment thereof is substantially impaired and the premises cannot be used for residential purposes, then Lessee may terminate this Lease by written notice to Lessor and Lessee shall thereupon immediately vacate and surrender possession of the Leased Premises to Lessor. Lessee may vacate the part of the Leased Premises rendered unusable by the casualty, in which case, Lessee's liability for rent shall be reduced by the fair rental value of that part of the Leased Premises damaged or destroyed. If the Lease is terminated, Lessor shall comply with Florida Statutes with respect to the Security Deposit. 12 - ALTERATIONS AND REPAIRS. The Lessee shall make no alteration in the Leased Premises, nor deface or permit the defacing of any part of the Leased Premises, and Lessee will not do or suffer anything to be done to the Leased Premises which will increase the rate of fire insurance on the building of which the Leased Premises are a part. No shades, awnings or window guards shall be used unless the same are approved by the Lessor. The Tenant will not permit accumulation of waste or refuse matter on the demised premises. The Lessor shall retain keys to the Leased Premises. If Lessee changes locks, Lessee shall furnish keys to the Lessor by the next business day or pay cost of a locksmith to make a set of keys. 13 - MAINTENANCE OF EQUIPMENT. Taking possession of the premises by the Lessee shall be conclusive evidence against the Lessee that the premises were in good condition. The Lessor also reserves the right, to itself and its agents and employees, from time to time to enter the demised premisses for the purpose of making inspections, and the Lessor may enter the same as aforesaid, without being liable for damages therefore. The Lessee agrees that the Lessee shall exercise all due care in maintaining all of the equipment within the demised premises and with particularity, the Lessee agrees to regularly change the air conditioning filter, or filters or clean the reusable type filters. The Lessee agrees that should there be any damage to the air conditioning system on account of the Lessee's failure to properly change or clean the filters that the Lessee shall be liable to the Lessor therefore. The Lessee further agrees that should an authorized air conditioning repairman or dealer state that any damage to the air conditioning machinery occurred because of the failure to promptly change or clean the air conditioning filter, or filters, that such shall constitute a presumption that the Lessee had, in fact, failed to properly change or clean such filter or filters and that the Lessee, therefore, is responsible for any damage to said air conditioning system. 4 11 14 - ANIMALS/PETS. No animals of any kind shall be taken into or kept in or about the Leased Premises by Lessee or his family, without the prior written consent of Lessor. Such consent may be withheld or withdrawn at any time by Lessor in its sole and absolute discretion, and Lessor shall not be required to explain or justify its actions. This provision prohibits even temporary visits by said animals. 15 - MILDEW. Lessee acknowledges that Lessee has been advised by Lessor that, unless air conditioning is used in the Leased Premises, it is possible for mildew to grow and affect the Leased Premises and property therein. The decision to use or not use air conditioning and the extent of same rests with Lessee, however, Lessee agrees that Lessor shall not have any liability or responsibility whatsoever for any damage, loss, claim or court expense arising out of or resulting from mildew in the Leased Premises. Accordingly, Lessee hereby, for separate and adequate consideration, releases Lessor and its agents, employees, successors and assigns, from and against any and all claims arising out of or relating to mildew or any similar situation with respect to the Leased Premises. 16 - TENANT AT SUFFERANCE. Lessee covenants and agrees that, if he shall default in the payment of rent, additional rent or if Lessee shall violate any of the covenants of this Lease to be kept and performed by Lessee or if he should violate any of the rules or regulations and fail to remedy the same after having received notice thereof from Lessor, the Lessee shall become a tenant at sufferance and Lessor shall be entitled to retake possession of the Leased Premises and recover damages, including costs and attorney's fees, and Lessee shall be assessed the expense of reletting the Leased Premises in an amount equal to ten percent (10%) of the total amount of rent. In the event Lessee is evicted by suit at law, Lessee agrees to pay Lessor all costs of such suit, including reasonable attorney's fee for such eviction and appellate proceedings, if any, and the parties agree that the venue for any such legal action shall be exclusively in Palm Beach County, Florida. This remedy shall not be deemed to constitute a waiver of any other remedy available to Lessor hereunder or at law or in equity. 17 - HOLDING OVER BY LESSEE. In the event that Lessee holds over and continues possession of the Leased Premises, or any part thereof after the expiration or earlier termination of the Term of this Lease without the permission of Lessor, then Lessor may charge Lessee double the amount of rent for the Leased Premises, or any part thereof, during the hold -over period and Lessee shall be deemed to be a tenant at sufferance. 18 - SUBORDINATION OF LESSEE'S INTEREST. Lessee hereby agrees that his interest in this Lease is and shall be subordinate to the interest of any present or future mortgagees holding a mortgage or other lien on all or any portion of the fee interest of the real property of which the Leased Premises are a part. This subordination is intended to be fully self - operating, without the need for Lessee to execute any additional documents whatsoever. However, Lessee agrees to promptly execute any and all documents requested by Lessor from time to time to evidence and confirm such subordination, and Lessee is hereby deemed to have irrevocably appointed Lessor, as Lessee's attorney -in -fact, for the purpose of executing any such documents, which appointment shall be deemed to be irrevocable during the Term of this Lease and any extensions or renewal thereof. 19 - RADON GAS. Florida Statute 404.056 requires the following statement. Radon gas is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 20 - COMPLETE AGREEMENT. This Lease represents the entire understanding and agreement between the parties with respect to this subject matter, and supersedes all other negotiations, understandings, and representations made by and between such parties. The provisions of this Lease may not be amended, modified, supplemented, waived or changed orally, but can only be done so by a written instrument signed by both parties. 21- NRADINGS. The headings contained in this Lease are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Lease. All words used herein in the singular number shall extend to and include the plural. All words in the plural number shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 22 - SEVERABiLTI Y. If any part of this Leased, or any other document entered into pursuant hereto, is held to be contrary to, prohibited by, or deemed invalid or unenforceable under applicable law or regulation, for any reason, such provision shall be inapplicable and deemed omitted from this Lease, but shall not affect the remainder of this Lease, which shall be given full force and effect, so far as possible. 23 - SURVIVAL. All covenants, agreements, representations and warranties made herein or otherwise made in writing by any party pursuant hereto shall survive the execution and delivery of this Lease and the consummation of the transactions contemplated hereby. 24 - NOTICES. All notices necessary or proper shall be made to the Lessor by letter in writing, return receipt requested, to the Lessor's offices and to the Lessee by depositing a letter in the United States mails addressed to the Lessee at the premises described in this Lease, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. 25 - JURISDICTION AND VENUE. The parties acknowledge that a substantial portion of negotiations, anticipated performance and execution of this Agreement occurred or shall occur in Palm Beach County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and unconditionally a. agrees that any suit, action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States Southern District of Florida; b. consents to the jurisdiction of each such court in any suit, action or proceeding; c. waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts; and d. agrees that service of any court paper may be effected on such party as may be provided under applicable laws or court rules in said state. 26 - ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, including allocated costs of in -house attorneys, court costs, and all 0 expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 27 - PUBLIC HEARING REQUIREMENT. Lessor acknowledges that this Lease shall be given full force and effect upon that date on which the Lease is fully executed by both parties; however, Lessee's authority to be bound by the terms of this Lease is contingent upon approval of the use contemplated by this Lease by the City Council of the City of Palm Beach Gardens following a duly noticed public hearing in connection with said use. In the event said use is not approved following a duly noticed public hearing, Lessor shall immediately release Lessee from its obligations and responsibilities hereunder, in consideration for which Lessee shall surrender to Lessor a sum equal to one month's rent ($725.00) plus such other costs which may be reasonably associated with Lessee's surrender of the premises including damage repair and/or cleaning costs. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Signed; sealed and delivered in the presence of As to Both parties (SEAL) i r or Les s LESSEE Agent LESSEE CTTY OF P E G ENS, FL i ✓ ` v ` (SEAL) 7 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: August 7, 2001 Meeting Date: August 16, 2001 Subject/Agenda Item: Consideration of Resolution 130, 2001 authorizing the Mayor and City Clerk to execute an Addendum to the Employment Agreement with the City Manager. Recommendation: Approval of Resolution 130, 2001 Reviewed by: Originating Dept: Costs: Council Action: City Attorney City Attorney Not Applicable [ ] Approved [ ] Approved with conditions [ ] Denied Submitted by: City Attorney/" " (C Advertised: Date: Funding Source: [ ] Operating [ ] Continued to: Paper: [ X] Not Required [ ] Other Approved by: Attachments: City Manager Affected parties: Resolution 130, 2001 First Amendment to [ ] Notified Employment Agreement [ X] Not Required Explanation: This amendment to the City Manager's Employment Agreement requires the City to pay for costs and expenses in an amount not to exceed $20,000.00, in lieu of a lump sum payment of $20,000.00 as additional compensation, upon the City Manager's relocation into the City. According to the Finance Department, this amendment would represent a cost savings to the City. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 130, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as authorized by Resolution 34, 2001, the Employment Agreement between the City and the City Manager dated February 15, 2001 ( "Employment Agreement ") provides for a lump sum payment of $20,000.00 to the City Manager if he moves into the City's jurisdictional boundaries within twelve months of his Anniversary Date; and WHEREAS, the City Council has determined that it is in the best interests of the residents and citizens of the City of Palm Beach Gardens to amend the Employment Agreement to provide that the City shall pay relocation costs and expenses up to $20,000.00, in lieu of a lump sum payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the Mayor and City Clerk to execute the First Amendment to the Employment Agreement attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2001 -1- ATTEST: CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK MAYOR JOSEPH R. RUSSO AYE NAY ABSENT PACPWin \HIST0RY\010801A \43F.A8 (319.062) -2- FIRST AMENDMENT TO EMPLOYMENT AGREEMENT THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement "), is by and between the CITY OF PALM BEACH GARDENS, FLORIDA, a Florida municipal corporation (hereinafter referred to as "City "), and RONALD M. FERRIS (hereinafter referred by name or as "City Manager "). WITNESSETH: WHEREAS, as authorized by Resolution 34, 2001, the City executed an employment agreement with the City Manager dated February 15, 2001 ( "Employment Agreement "); and WHEREAS, the parties seek to amend the provision of the Employment Agreement pertaining to the additional payment to the City Manager should the City Manager move his residence into the City. NOW, THEREFORE, in consideration of the sum of $10.00, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 6.13.9 of the Employment Agreement is hereby amended to read as follows: Should the City Manager move his residence into the City's jurisdictional boundaries within twelve (12) months of his Anniversary date in accordance with Section 4 of this Agreement, the City shall pay his costs and expenses associated with such relocation, including, but not limited to, closing costs and moving costs, in an amount not to exceed $20,000.00. 2. All remaining provisions of the Employment Agreement shall remain in full force and effect. EXECUTED by this City on this day of August, 2001. ATTEST: Carol Gold, MMC, City Clerk CITY OF PALM BEACH GARDENS By: Joseph R. Russo, Mayor Page 1 of 2 EXECUTED by the City Manager this day of August, 2001. Witnesses: PACPWin \HISTORY\010131 A \47D. E3(319.000) Ronald M. Ferris Page 2 of 2 PRI I.I -.I' I I.1 111 I -1 1'.1° I I- I I I- I I 1 I I I I I I I i I I I I I I I I I I" I I. 11' I I I- I I- I d.1 1 1' I, I I <I I" I- I- 1 - -I' 1.11= k FT I I I' 1 1'1 1: 1' G HA-- P I I'r" I -1=1 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, adult illiteracy costs society an estimated .$225 billion a year in lost industrial productivity, unrealized tax revenues, crime, poverty and related social ills; and WHEREAS, in Palm Beach County it is estimated that as many as 22% of the adults function at the lowest level of literacy; and WHEREAS, the Palm Beach County Literacy Coalition serves to promote the learning of basic reading, writing and English to engage in programs to further literacy within our county; and WHEREAS, businesses are invited to begin workplace literacy programs at their business site; and WHEREAS, hundreds of volunteers are needed to become literacy tutors with adults and children; and WHEREAS, elementary school children and staff all over Palm Beach County will be celebrating International Literacy Day on September 7 wearing "READ WITH ME" stickers; and WHEREAS, many businesses will be competing in the Coalition's "Great Grown -Up Spelling Bee" on September 22 to raise literacy awareness; and WHEREAS, the Literacy Coalition is asking each individual in Palm Beach County to "Celebrate Reading" in September by initiating or renewing the reading habit. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of September 2001 LITERACY AWARENESS MONTH in the City of Palm Beach Gardens and urge all citizens in acquiring services or information regarding literacy to contact the Palm Beach County Literacy Coalition. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 16th day of August, Two Thousand and one. Attest: Mayor Joseph R. Russo Carol Gold, MMC, City Clerk IkIN III'ITITI 11`111. 1111.1' 1 �I'I I I I, 111.1 1 11.11 1111111111 1 1 1 11 11 1111111'.1 -111 II'11 P1 1 .1 1.1 f-rI 1'-111 I1'f- .II -11'r CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: August 16, 2001 Date Prepared: July 31, 2001 SUBJECT /AGENDA ITEM TXT- 01 -02— Excavation and Fill Public Hearing & Second Reading of Ordinance 25, 2001: A City initiated request to amend Section 93 Q) (66) b 1, entitled "Operations allowed ", to allow excavation and fill operations as an independent development order. RECOMMENDATION Staff recommends approval of Ordinance 25, 2001. Reviewed by: b / Originating Dept.: Growth Management: FINANCE: NA Land Development Regulations Principal Planner / Costs: $ Committee Action: Karen Craver, AICP Project , L Total [ X ] Approved City Attorney Manager ] APP. w/ conditions Mark Hendrickson $ [ ] Denied Finance NA Current FY [ ] Rec. approval [ ] Rec. app. w/ conds. Human Res. NA [ ] Rec. Denial Funding Source: [ ] Operating [ ] Continued to: Submitted by: Advertised: Attachments: Growth Date: May 7, 2001 [ ] Other NA Copy of Article IV, Manage t k-tu, Section 93 (j) (66) Director _ Paper: PB Post . Ordinance 25, Charles K. Wu, AICP 2001 [ ] Not Required Budget Acct. #: [ ] None Approved by: City Manager NA Affected parties: [ ] Notified 'x] Not Required REQUE T Petition TXT -01 -02 is a City initiated request to amend the Land Development Regulations to provide a revision to Article IV, Section 93 Q) (66) b 1, entitled "Excavation and Fill, and City Council Meeting Date: August 16, 2001 Date Prepared: July 31, 2001 Petition TXT -01 -02 Borrow Pit Operations" and subtitled "Operations allowed," to allow excavation and fill operations as an independent development order. BACKGROUND The DiVosta Company was previously approved for "The Isles" Planned Unit Development, which included 58 acres of lakes. Constructing the drainage system for "The Isles" as soon as possible will help alleviate drainage problems in other areas of the City as well. There may be several vacant properties located in close proximity to "The Isles" project site that will require future grade changes and could utilize the fill that will be excavated; however, some of the vacant sites have not received any development order approvals. Currently, a development application would need to be acquired prior to stockpiling fill on a site, even if fill or excavation were the only activity proposed, because independent development orders specifically for excavation and fill operations are now prohibited. PROCEDURE The Land Development Regulations Committee (LDRC) reviews the text change and provides comments and recommendations to City Council. The City Council considers the recommendations of the LDR Committee and makes a final determination of approval or denial. Public hearings are required. DISCUSSION Article IV, Section 93 (j) (66) b 1, subtitled "Operations allowed," requires excavation and fill operations to be part of a development order issued in accordance with Article III, Division 1, or more typically, a site plan. This text amendment eliminates the following language "but not as an independent development order only for excavation and fill operations." This would allow petitions specifically for excavation and /or fill. Applicants will need to demonstrate as part of their petition that the excavation and /or fill operation will not violate the code policy stated in Section 93 (j) (66) a, entitled "Policy." This protects property and residents by providing a site plan to address potential nuisances and dangers, such as unsightly earthen mounds and irregular holes in the ground. If a petition meets or exceeds all code criteria and conditions of approval that may be placed on an operation of this nature, City staff's position is that the text amendment could be helpful to reduce truck traffic on the roads and to expedite drainage improvements. Lands receiving fill or requesting excavation and fill as an independent development order will require a conditional use in Planned Development Areas (PDA). Conditional uses require public hearings, therefore City staff believes surrounding property owners are protected and has input to these types of operations. City Council Meeting Date: August 16, 2001 Date Prepared: July 31, 2001 Petition TXT -01 -02 PROPOSED TEXT CHANGE [The bold and strike - through indicates deleted language.] (66) b. Operations allowed. Excavation and fill operations and borrow pit operations may be allowed as provided below. 1.Excavation and fill operations may be allowed upon approval by the City Council as part of a development order issued in accordance with Division I of Article III but nr�� �c �n inrin nnnrlent rininlnnrr.nn4 nrrinr �"I­ f ^r �"A fill @"rations. LAND DEVELOPMENT REGULATIONS COMMITTEE On April 24, 2001, the Land Development Regulations Committee reviewed this text amendment, and on May 22, 2001, recommended approval of the proposed text amendment ( 7 -0 ). CITY COUNCIL City Council approved first reading of TXT- 01 -02, Ordinance 25, 2001 on June 21, 2001. GROWTH MANAGEMENT RECOMMENDATION Staff recommends APPROVAL of text amendment petition TXT -01 -02 to allow excavation and fill operations as an independent development order. \ \FILE G:Shor TXT- 01- 02.doc 3 Article N. Zoning Districts Sec. 93. Permitted uses, Conditional, and Prohibited Uses prior to the expiration of such insurance, a renewed certificate of insurance evidencing equal and like coverage for the balance of the period. rr. Penalties. A violation of any provision of these requirements shall be subject to enforcement as provided in chapter 2 of the city's code or as otherwise provided within this chapter. (65) Agriculture. Agriculture does not include the following: commercial feed lots, raising or sale of fur - bearing animals, riding academies, livery or boarding stables, or dog kennels. (66) Excavation and Fill, and Borrow Pit Operations. Excavation and Fill, and Borrow Pit Operations shall comply with the standards provided below. a. Policy. It is the policy of the city to protect the property and residents of the city from the dangers and public nuisances created by improperly planned, poorly executed, or inadequately supervised mining operations, excavation and fill operations, and borrow pit operations, including the following: 1. irregular holes in the land which are unsightly and collect water that becomes or may become stagnant and contributes to the breeding of mosquitoes; 2. uncovered mounds of excavated earth which are unsightly and contribute to the erosion of surrounding land, hasten the sedimentation of drainage canals and facilities, and produce windblown irritants and contamination; 3. artificial lakes, drainage ditches, and canals which have been created or excavated without the proper planning, design, or supervision needed to avoid overburdening existing public drainage canals and/or drainage facilities, thereby creating flooding and unsanitary conditions in various parts of the city; and 4. land left in unsightly condition which makes it impossible or difficult to develop for any other useful purpose or makes it impossible or difficult for the city to plan and provide for proper and sufficient overall public drainage through its public drainage canals and other public drainage facilities. Ordinances and resolutions hereafter adopted by the city concerning excavation and fill operations and borrow pit operations shall be consistent with the preservation of those lands now being used for residential, business, and recreational purposes and with fostering the creation of new, suitable, and desirable locations to be used for residential business, and recreational purposes. b. Operations allowed. Excavation and fill operations and borrow pit operations may be allowed as provided below. 1. Excavation and fill operations may be allowed upon approval by the city council as part of a development order issued in accordance with division I of article 111, but not as an independent development order only for excavation and fill operations. Palm Beach Gardens/Land Development Regulations Adopted July 20, 2000 155 Article IV. Zoning Districts Sec. 93. Permitted uses, Conditionat, and Prohibited Uses 2. Borrow pit operations may be allowed upon application to the city and approval by the city council as a conditional use, in accordance with the provisions of division I of article III of this chapter. C. Permits, plans and specifications, surety, and permit fees for excavation and fill operations. Excavation and fill operations may be allowed, subject to the requirements listed below. 1. Before excavation and fill operations are commenced and after the overall development order has been approved by the city council, the owner, lessee, or authorized agent of the property owner or lessee of the affected property shall obtain a permit from the city, as well as any and all other applicable county, district, state, or federal permits. 2. The plans and specifications of the proposed excavation and fill operations, showing the manner in which the land will be left after the excavation and fill operations are completed shall include all dimensions of every lake, drainage canal, or drainage ditch created, including minimum slope dimensions required herein, together with all necessary information concerning where and how such waterways shall be connected to the existing public drainage facilities, if applicable. All such plans and specifications shall be submitted by the applicant to the city prior to the commencement of any excavation and fill operations. The plans and specifications shall be prepared by an engineer registered and licensed in the State of Florida. 3. All fill material from approved excavation and fill operations shall remain on the subject property, provided that removal of any fill material may be permitted as an accessory use specified in the development order approved by the city council. As an accessory use, fill material created by excavation may be removed from the subject property and relocated to another site. 4. Upon approval of the plans and specifications for excavation and fill operations, the applicant, before receiving a permit to commence the operations, shall provide surety in the form of a completion bond or irrevocable letter of credit to the city in an amount and in such for as is acceptable to the city. The surety shall secure and guarantee the carrying out of the approved plans and specifications. 5. The applicant shall pay such excavation and fill permit fees as may be established by the city. Anyone receiving the fill material shall be responsible for the payment of the permit fees to the city with the excavation site designated in the permit application is not located in the city; otherwise the excavator identified in the fill permit application shall be responsible for payment of the fees. 6. Prior to any permit being granted for excavation and fill operations, the applicant shall provide a letter to the city certifying the applicant's familiarity and intent to comply specifically with the regulations and standards found in Palm Beach Gardens/Land Development Regulations 156 Adopted July 20, 2000 Article IV. Zoning Districts Sec. 93. Permitted uses, C=onditional, and Prohibited Uses divisions IV and VII of article V regarding environmental preservation, landscaping, and vegetation protection. 7. Upon completion of an excavation and fill operation, an engineer registered in the State of Florida shall provide the city with a certified plan indicating the work has been performed in accordance with the approved plans. 8. Canal maintenance shall not be considered excavation and fill, and permits are not required. d. Permits, plans and specifications, surety, and permit fees for borrow pit operations. Borrow pit operations may be allowed, subject to the requirements listed below. 1. Before borrow pit operations begin, the owner, the lessee, or an authorized agent of the owner or lessee of the affected property shall obtain approval and a permit for a conditional use, as well as all applicable counties, water management districts, state, or federal permits. 2. The plans and specifications of the proposed borrow pit operations shall meet the same requirements as set forth in this subsection for excavation and fill operations. The plans and specifications shall be prepared by an engineer registered and licensed in the State of Florida. 3. The applicant shall pay such borrow pit permit fees to develop a borrowed pit as may be established by the city. 4. Prior to any permit being granted for excavation and fill operations, the applicant shall provide a letter to the city certifying the applicant's familiarity and intent to comply specifically with the regulations and standards found in divisions IV and VII of article V, regarding environmental preservation, landscaping, and vegetation protection. 5. The grading and construction of slopes in a borrowed pit shall comply with the minimum standards adopted by the South Florida Water Management District. Grades and slopes shall be constructed in such a manner as to minimize soil erosion and to make the land surface suitable for revegetation. The slopes shall be adequately vegetating with appropriate ground cover from the top of a back to edge of water within 30 days of final grading and thereafter maintain to prevent wind and water erosion. 6. Upon completion of a borrowed pit operation, an engineer registered in the State of Florida shall provide the city with a certified plan indicating the work has been performed in accordance with the approved plans. 7. A borrowed pit which was lawfully in use prior to the effective date of this section may continue to be used, provided that any enlargements of such borrow pits shall require a permit from the city and shall be subject to the standards and regulations in effect at the time the enlargement is proposed. e. Mining operations prohibited. Mining operations shall not be permitted or commenced on any lands within the city, unless approved by a development order Palm Beach Gardens/Land Development Regulations Adopted July 10, 2000 157 Last Revised Original: June 8, 2001 Revision 1: July 17, 2001 ORDINANCE 25, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ARTICLE IV, "ZONING DISTRICTS," OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF PALM BEACH GARDENS BY AMENDING SECTION 93, "PERMITTED USES, CONDITIONAL, AND PROHIBITED USES," SUBSECTION (j)(66), "EXCAVATION AND FILL, AND BORROW PIT OPERATIONS" TO ALLOW EXCAVATION AND FILL OPERATIONS AS AN INDEPENDENT DEVELOPMENT ORDER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has initiated a request to amend the Land Development Regulations in accordance with section 166.041, Florida Statutes; and WHEREAS, the subject amendment is internally consistent with the City's Comprehensive Plan; and WHEREAS, on May 22, 2001, the Land Development Regulations Committee, as the duly constituted Local Planning Agency for the City, recommended approval of the subject amendment to the Land Development Regulations of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Article IV, entitled "Zoning Districts," of the Land Development Regulations of the City of Palm Beach Gardens, Florida, Section 93, entitled "Permitted uses, Conditional, and Prohibited Uses," Subsection (j )(66), entitled "Excavation and Fill, and Borrow Pit Operations" is hereby amended to read as follows, where text to be deleted is struck through: (66) Excavation and Fill, and Borrow Pit Operations. Excavation and Fill, and Borrow Pit Operations shall comply with the standards provided below. b. Operations allowed. Excavation and fill operations and borrow pit operations may be allowed as provided below. 1. Excavation and fill operations may be allowed upon approval by the City Council as part of a development order issued in accordance with Division I of Article III, but not Ms an ;rnA^m^ni-lonf Al %tolnnmont ^Mr r r�nl�i fr r fill �nor�4ir�n� Last Revised: Original: June 8, 2001 Revision 1: July 17, 2001 SECTION 2. The City Clerk is hereby directed to ensure that this ordinance is codified in the City's Land Development Regulations. SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS THE DAY OF 2001. PLACED ON SECOND READING THIS THE DAY OF 2001. PASSED AND ADOPTED THIS THE DAY OF 2001. MAYOR JOSEPH R. RUSSO COUNCILMAN DAVID CLARK ATTEST BY: CAROL GOLD, MMC CITY CLERK VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY 2 Last Revised: Original: June 8, 2001 Revision 1: July 17, 2001 VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO COUNCILWOMAN FURTADO A:Mark/TXT- 01 -02.or CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 16, 2001 Date Prepared: July 31, 2001 SUBJECT /AGENDA ITEM Public Hearing and First Reading Ordinance 31, 2001: A request by staff to adopt text amendments to the City's Comprehensive Plan in order to incorporate a Public School Facilities Element into the comprehensive plan and to add associated objectives and policies to the Capital Improvements Element. The proposed amendments are required to be adopted into the City's Comprehensive Plan prior to January 25, 2002, per the Interlocal Agreement adopted by the City on December 21, 2000, establishing a countywide school concurrency program. RECOMMENDATION Staff recommends approval of Ordinance 31, 2001. Reviewed by: City Attorne4 ) Finance NA Human Res. NA Other NA Vr w Ti" aZm genie" nt Director Approve y: City Ma r Originating Dept.: Growth Mana ement ---�5 Advertised: Date: 8/3/2001 Paper: Palm Beach Post [x] Required Affected parties [] Notified p Not Required Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other_ Budget Acct. #:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: • Ordinance 31, 2001 • Exhibit A • Interlocal Agreement [ ] None City council Meeting Date: August 16, 2001 Date Prepared: July 31, 2001 Petition: TXT -01 -03 REQUEST The amendments are proposed to comply with the Interlocal Agreement signed by the School District, Palm Beach County, and various municipalities in County. The agreement requires the adoption of a Public Schools Facilities Element into the City's Comprehensive Plan as well as incorporating objectives and policies into the Capital Improvements Element to formally establish countywide concurrency procedures for public schools. BACKGROUND The Local Planning Agency (LPA) considered the Interlocal Agreement during the workshop held on November 14, 2000, and subsequently recommended approval and adoption of the agreement to the City Council during the LPA meeting held on November 28, 2000. The vote was 3 -2. On December 21, 2000, the City Council approved the Interlocal Agreement, with a vote of 5 -0, to establish a countywide concurrency system for public schools within Palm Beach County (Resolution 126, 2000). The agreement requires all parties (26 local governments, including the County) to adopt a public schools element into their respective comprehensive plans. The parties are also required to incorporate associated objectives and policies into the Capital Improvements Element requiring residential developments to meet the established Level Of Service (LOS) standards adopted by the School District of Palm Beach County for public schools. Staff requests the City Council's approval of the proposed amendments to the City's Comprehensive Plan, which are proposed to comply with the provisions of the Interlocal Agreement. The proposed amendments are consistent with Chapter 9J- 5.025, Florida Administrative Code, and the Interlocal Agreement. They are identical (boilerplate) to those adopted by the County on March 26, 2001, and were found to be "In Compliance" by the Florida Department of Community Affairs (DCA). PROCEDURE This is a request initiated by staff to formally amend the City's Comprehensive Plan. The Planning and Zoning staff has forwarded comments and recommendations to the LPA. Acting in an advisory role, the LPA considers the recommendations of City staff and makes a recommendation to the City Council. The City Council reviews the request for approval, and makes a final determination of approval, approval with conditions, or denial. DCA reviews the amendments for consistency with the State Comprehensive Plan and State statutes and administrative code regarding comprehensive planning and land development regulations. 2 City Council Meeting Date: August 16, 2001 Date Prepared: July 31, 2001 Petition: TXT -01 -03 Once the review is completed, DCA issues a "Notice of Intent" to find the amendments "In Compliance" or "Not In Compliance." If a finding of "In Compliance" is issued, the amendments become effective twenty -one days after issuance of such finding. Legislation exempting plan amendments for the purposes of establishing school concurrency from the twice per year limitation on comprehensive plan amendments has allowed local governments to establish school concurrency through special amendment rounds at any time. INTENT OF PROPOSED AMENDMENTS The 1998 Florida Legislature enacted legislation amending s.163.3180, F.S., establishing requirements for the optional implementation of public school concurrency. The proposed amendments incorporate a required Public School Facilities Element (PSFE) consistent with s.163.3177(12)F.S., and provide associated amendments to the Map Series. The PSFE provides coordinated planning among the County, local governments, and the School District to ensure that school capacity at the adopted level of service standard is available at the time of impact of residential development. Based on the requirements of Rule 9J- 5.025, F.A.C., the PSFE addresses related land development issues which impact education, including levels of service for schools, school utilization, residential neighborhood proximity and compatibility, supporting public infrastructure and collocation of facilities, and financial feasibility. To implement school concurrency countywide, consistent Public School Facilities Elements are required to be adopted by each affected local government. OBJECTIVES OF PROPOSED AMENDMENTS As a basis for school concurrency, the PSFE contains Goals, Objectives and Policies to ensure that space is planned for students and existing deficiencies are corrected, as well as ensure that financially feasible capital improvements are adequately planned to achieve and maintain the adopted LOS. The element directs public schools siting to be coordinated with public facilities and infrastructure through a coordinated review of development proposals. The proposed PSFE and corresponding Map Series are intended to address the criteria for establishing school concurrency set forth in Rule 9J- 5.025, F.A.C. These requirements include: Providing adequate school capacity through a graduated (tiered) Level of Service for each type of public school, which includes elementary, middle, and high schools, until such time as a standard LOS of 110% is achieved and maintained; Establishing school Concurrency Service Areas (CSA) and /or ensuring adequate capacity in adjoining CSAs; 3 City council Meeting Date: August 16, 2001 Date Prepared: July 31, 2001 Petition: TXT -01 -03 • Assuring school facility requirements are met through a financially feasible 5 -Year Work Plan; • Establishing mitigation measures for development proposals in order to ensure the adopted Level of Service is maintained; • Providing intergovernmental coordination for siting schools to serve as focal points of residential development; the collocation of schools with other public facilities; and planning population projections; • Coordinating emergency preparedness issues; • Establishing future conditions of maps depicting existing school sites, areas of anticipated future school sites, ancillary facilities and Concurrency Service Areas (CSAs); and • Providing definitions of public school terms. Section 163.3177, F.S., requires that all local governments include policies in their Comprehensive Plans to address public facility collocation and school siting in the Future Land Use Element (FLUE), as well collaborative planning in the Intergovernmental Coordination Element (ICE). These policies were adopted by the City of Palm Beach Gardens on November 4, 1999 (Ordinance 27, 1999), as part of Amendment Round 99 -1. Additionally, to establish school concurrency, amendments to the Capital Improvements Element (CIE) setting forth a financially feasible public schools capital facilities program are required. These amendments, which are being processed concurrently in this special amendment round, ensure that the adopted levels of service will be achieved and maintained. The proposed CIE amendment establishes a level of service for school concurrency; incorporates school concurrency into the development order /permit application; requires that the level of service for public school facilities be met prior to issuance of development orders /permits; and provides a table detailing costs and revenues. LOCAL PLANNING AGENCY RECOMMENDATION On July 10, 2001, the LPA held a workshop to consider and discuss this petition and raised no major concerns or issues with respect to the agreement or the proposed amendments. On July 24, 2001, the Local Planning Agency (LPA) recommended approval of the proposed amendments by a vote of 7 -0. 2 City Council Meeting Date: August 16, 2001 Date Prepared: July 31, 2001 Petition: TXT -01 -03 STAFF RECOMMENDATION In compliance and fulfillment of the City's obligations under the Interlocal Agreement establishing a countywide school concurrency, approved by the City Council on December 21, 2000, staff recommends approval of the proposed amendments (Ordinance 31, 2001) to the City's Comprehensive Plan. G:Talal/TXT- 01- 03- cc -strl Date Prepared: July 30, 2001 Ordinance 31, 2000 ORDINANCE 31, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BASED ON THE RECOMMENDATIONS OF THE LOCAL PLANNING AGENCY AND STAFF; PROVIDING FOR ADOPTION; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CODIFICATION IN THE COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 21, 2000, the City Council approved the Interlocal Agreement establishing a countywide public schools concurrency for Palm Beach County; and WHEREAS, Paragraphs II B and IV of said agreement requires all parties, including the City of Palm Beach Gardens, to initiate and adopt the proposed comprehensive plan amendments by January 25, 2001; and WHEREAS, proposed text amendments to the Capital Improvements Element and incorporation of a Public School Facilities Element to the City's Comprehensive Plan have been prepared and reviewed by City Staff, who has determined that they meet all criteria set forth in Section 163.3184, Florida Statutes and Rule 9J- 5.025, Florida Administrative Code; and WHEREAS, on July 24, 2001, the Planning and Zoning Commission, the duly constituted Local Planning Agency for the City, conducted a public hearing and recommended approval and adoption of the subject amendments to the City's Comprehensive Plan; and WHEREAS, the City has received public input and participation through public hearings before both the Local Planning Agency and the City Council, in accordance with Section 163.3181, Florida Statutes; and WHEREAS, the City Council determines that the adoption of the amendments to the City's Comprehensive Plan is in the best interests of the residents and citizens of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The Comprehensive Plan of the City is hereby amended as set forth in Exhibit A (as attached hereto and adopted by reference). Date Prepared: July 30, 2001 Ordinance 31, 2000 Section 2. The City Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are transmitted to the Florida Department of Community Affairs and other government agencies or departments in accordance with Section 163.3184, Florida Statutes and, together with the City Clerk, to ensure that this ordinance is codified as part of the Comprehensive Plan of the City. Section 3. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or work thereof be declared by any court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. Section 4. All ordinances or parts thereof in conflict herewith are hereby repealed. Section 5. This ordinance shall become effective in accordance with Chapter 163, Florida Statutes. PLACED ON FIRST READING THIS 16th DAY OF August , 2001. PLACED ON SECOND READING THIS DAY OF , 2001. PASSED AND ADOPTED THIS DAY OF , 2001. JOSEPH R. RUSSO, MAYOR ERIC JABLIN, VICE MAYOR LAUREN FURTADO, COUNCIL MEMBER DAVID CLARK, COUNCIL MEMBER ATTEST: 2 CARL SABATELLO, COUNCIL MEMBER APPROVED AS TO LEGAL FORM CAROL GOLD, MMC, CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO G: Talal/Txt -01 -03 - ord -31- 2001 -trans 3 Date Prepared: July 30, 2001 Ordinance 31, 2000 AND SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT Date Prepared: July 30, 2001 Ordinance 31, 2000 EXHIBIT "A" AMENDMENTS TO COMPREHENSIVE PLAN CHANGES TO TEXT AND MAPS Amendments to the Comprehensive Plan of the City of Palm Beach Gardens are depicted on the following pages in strike thfough and underline format. All maps have been revised/updated with best available data. M Ordinance 31, 2001 Exhibit A CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN TABLE OF CONTENTS ELEMENT SECTION FUTURE LAND USE ONE Future Land Use Categories 1 -1 Goals, Objectives and Policies 1 -9 TRANSPORTATION TWO HOUSING THREE INFRASTRUCTURE FOUR Sanitary Sewer 4 -1 Solid Waste 4 -2 Stormwater Management 4 -4 Potable Water 4 -7 Aquifer Recharge 4 -10 COASTAL MANAGEMENT FIVE CONSERVATION SIX RECREATION AND OPEN SPACE SEVEN TABLE OF CONTENTS 8101 i -2 Ordinance 31, 2001 Exhibit A INTERGOVERNMENTAL COORDINATION EIGHT CAPITAL IMPROVEMENTS NINE Goals, Objectives and Policies 9 -1 Capital Improvements Implementation 9 -8 Monitoring and Evaluation 9 -17 PUBLIC SAFETY TEN PROCEDURES FOR ACCOMPLISHING MONITORING AND EVALUATION REQUIREMENTS ELEVEN PUBLIC SCHOOL FACILITIES ELEMENT TWELVE TABLE OF CONTENTS 8101 i -3 Ordinance 31, 2001 Exhibit A LIST OF TABLES TABLE PAGE 2A Traffic Circulation - Level of Service Standards 2 -3 2B Generalized Peak Hour Directional Volumes 2 -4 2C Generalized Two -Way Peak Hour Volumes 2 -5 2D Maximum Volumes for non -FIRS County Thoroughfare Roads 2 -6 2E Maximum Volume for City Roads 2 -7 2F Radius of Development Influence 2 -8 9A Five -Year Schedule of Capital Improvements 9 -12 9B School District of Palm Beach County 9 -13 Six Year Capital Improvement Schedule 12A Proposed Thoroughfare Roads Following Map O TABLE OF CONTENTS 8101 i -4 MAP Ordinance 31, 2001 Exhibit A FUTURE LAND USE AND TRANSPORTATION MAP SERIES FOLLOWING PAGE A Future Land Use Map 2015 11 -2 B Waterwells and Cones of Influence C Analysis of Land for Development Suitability D Emergent Wetlands E Flood Zones F Coastal Areas G General Ecological Communities H Wildlife Observations I Conceptual Linkage Plan J Potential Future Annexation K Projected 2015 Traffic, LOS & Proposed Laneage L Existing Traffic Circulation M Regional Roadway Network N Mass Transit with Trip Generators & Attractors O Conceptual Thoroughfare Plan P City Center Linkages `Existing and Planned Vehicular Traffic Connections" Q City Center Linkages "Vehicular Traffic Connections" R City Center Linkages "Pedestrian/Bicycle Connections" S1.1 Concurrency Service Areas S2.1 School Facility Locations S3.1 Planned Additional Capacity S3.2 Planned Additional Capacity S3.3 Projected Additional Facility Demand S3.4 Projected Additional Facility Demand 2009/10 to 2019/20 TABLE OF CONTENTS 8101 i -S Ordinance 31, 2001 Exhibit A CAPITAL IMPROVEMENTS ELEMENT Goals, Objectives and Policies GOAL 9.1.: PALM BEACH GARDENS SHALL UNDERTAKE ACTIONS NECESSARY TO ADEQUATELY PROVIDE NEEDED PUBLIC FACILITIES TO ALL RESIDENTS WITHIN ITS JURISDICTION SO AS TO PROTECT INVESTMENTS IN EXISTING FACILITIES, MAXIMIZE THE USE OF EXISTING FACILITIES, AND PROMOTE ORDERLY, COMPACT DEVELOPMENT. Objective 9.1.1.: The City of Palm Beach Gardens shall use the Capital Improvements Element of this Comprehensive Plan as a means to ensure the construction of Capital Facilities, necessarily to accommodate desired growth with the Future Land Use Element, and to replace obsolete or worn out Facilities. Policy 9.1.1.1.: The City shall include in Five -Year Schedule of Capital Improvements all capital facility projects(renewal and replacement) needed for level of service maintenance which are over $50,000 in estimated costs and the City shall review said Schedule during the preparation of the annual budget. Policy 9.1.1.2.: Proposed capital improvement projects shall be evaluated and ranked in order of priority according to the following guidelines: 1) Whether the project is financially feasible and is needed to protect public health and safety, to fulfill the city's legal commitment to provide facilities and services, or to preserve or achieve full use of existing facilities or to eliminate existing capacity deficits; 2) Whether the project increases efficiency of use of existing facilities, prevents or reduces future improvement cost, provides service to developed areas lacking full service, or promotes infill development; and 3) Whether the project represents a logical extension of facilities and services. 4) Whether the project is consistent with the location needs based on the projected growth patterns, the accommodation of new development and redevelopment facility needs, and the plans of state agencies and South Florida Water Management District (SFWMD) that provide public facilities within the City's jurisdiction. 5) Whether the project is consistent with the Urban Growth Boundary philosophy of urban vs. rural characteristics and service provision. Objective 9.1.2.: Future development shall bear a proportionate cost of facility improvements necessitated by the development in order to maintain adopted LOS standards. CAPITAL IMPROVEMENTS 9 -1 Ordinance 31, 2001 Exhibit A Policy 9.1.2.1.: The City shall continue to collect a countywide transportation impact fee to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development and shall consider adopting a city road impact fee for neighborhood collectors and local roads of City responsibility. The roadways within the City Center Linkages Plan shall be constructed and financed by individual landowners whose developments will have a direct benefit by having access onto these roadways. The timing and construction of the Linkages Plan roadways are to coincide with the development of individual sites. The development approval for the affected parcels will be conditioned on the construction of the roadways coinciding with the development of these parcels. Policy 9.1.2.2.: The City shall continue its program of mandatory dedications or fees in lieu of as a condition of development approval for the provision of recreation and open space. Policy 9.1.2.3.: The City shall periodically review the adequacy of impact fees levied to fund the following capital facilities needed to support new growth: 1) Park and recreation sites and facilities; and 2) Law enforcement and emergency services. Objective 9.1.3.: The city shall manage its fiscal resources to ensure the provision of needed capital improvements for previously issued development orders and for future development and redevelopment. Policy 9.1.3.1.: The City's Capital Improvements Program shall include funding for those capital facilities and programs which do not exceed the city's fiscal capacity. Policy 9.1.3.2: The City will adopt a Capital Improvements Program covering at least 5 fiscal years and annual capital budget as a part of the City's budgeting process. Policy 9.1.3.3.: The City will make efforts to secure grants or private funds whenever available to finance the provision of capital improvements. Policy 9.1.3.4 The City budget process shall include the planning, development and review of projects which provide for the replacement and renewal of capital facilities. Policy 9.1.3.5: Through capital improvement programming, the City shall use its fiscal policies to direct expenditures for capital improvements which are consistent with the goals, objectives, and policies of other elements of the City's Comprehensive Plan. Policy 9.1.3.6: Should the bond referendum, identified as the funding source for needed capital improvements, Table 9A, fail the City shall amend the comprehensive plan to identify alternative funding sources or to take other actions. Objective 9.1.4.: The City of Palm Beach Gardens maintains a minimum level of service for transportation, potable water and sanitary sewer, recreation and open space, and public safety as CAPITAL IMPROVEMENTS 9 -2 Ordinance 31, 2001 Exhibit A defined in the applicable elements. Decisions regarding the issuance of development orders and permits shall be based upon coordination of the development requirements included in this Plan, the land development regulations, and the availability of necessary public facilities concurrent with the impact of developments. The School District of Palm Beach County shall maintain minimum level of service standards for public school facilities, as defined in the Public School Facilities Element. In the case of public school facilities, the issuance of Development Orders, Development Permits or development approvals shall be based upon the School District of Palm Beach County's ability to maintain the minimum level of service standards. Policy 9.1.4.1(a): The City of Palm Beach Gardens ::ill maintains, c.,..��ste .t :: itl: Sectio : 163.322 1 > C or o. o ,* s ,stem + �1, � * *110 +;.,,o uo„ol ,,.,,,o„� ,,, 4- ��,, .v., u co..cu.-c.-c. . anag,,.. ono .�y �Iv... to a sur- �iiu�, u� �iav �ii.av ax v.v.vraaavai� -- t,.11t ; c „f4 cicrt Lu ;';+y ----;+ ; ;1 111e ;11 1.0 ,;l l.lo 0.14 «,;t11 t1 e....., ,u .�, s� .....� �� --p--y ., , w. �..�., v. :..,, . µ..ms..,., .,on µ. cnt , ith tho aiiippacts. of'the de e1wF- -,1* uv��, vi � v,vN,,,va,1. v.v vvuv iva.�a.aai v,aav,iw .. �,a ui� vu., a.aiv uau uuval ua..�v ruviav ia..viia ay., 'lab t, de. °l 11o„t� «,; , ue<o1111olt ,,ao s ;ss„01 Ytion „a„ of the Comprehensive Plan. a minimum level of service for transportation, potable water and sanitary sewer, recreation and open space, and public safety. The School District of Palm Beach County shall maintain minimum level of service standards for public school facilities, in accordance with the adopted Interlocal Agreement. To ensure that the minimum levels of service for these public facilities and services are maintained as new development occurs, the City of Palm Beach Gardens follows a concurrency management system. The concurrency management system requires all new development applications, subject to concurrency certification, to submit an application which indicates impacts on the Level of Service for the concurrency item. The application identifies the impacts that the proposed development would have on the City's ability, or in the instance of public school facilities, the School District of Palm Beach County's ability, to maintain the adopted minimum levels of service. The concurrency management system shall be consistent with Section 163.3202 (1), F.S. Policy 9.1.4.1(b): The City shall require, through the concurrency management system, that the burden of showing compliance with the level of service requirements be upon the applicant for a development permit. Where capacity cannot be shown, the following methods may be used to maintain the adopted level of service: The developer may provide the necessary improvements to maintain the level of service. 2. The proposed project may be altered such that the projected level of service complies with the adopted level of service standard. 3. The proposed project may be phased such that the projected level of service at the conclusion of each phase complies with the adopted level of service. 4. The construction of the facilities or provision of services is the subject of a binding and guaranteed contract with the City of Palm Beach Gardens or in the case of public school facilities, the School District of Palm Beach County, that is executed and guaranteed for the time the Development Order is issued. CAPITAL IMPROVEMENTS 9 -3 Ordinance 31, 2001 Exhibit A 5. The necessary facilities and services are included in the City of Palm Beach Gardens' Five - Year Schedule of Capital Improvements; or, in the case of public school facilities, construction appropriations are specified within the first three years of the most recently approved School District of Palm Beach County Six Year Capital Improvement Schedule, as reflected in Table 9B of this element, which shall reflect the addition of FISH capacity for each school as shown in Appendix A, of the Public Schools Facility Element, Concurrency Service Area Table. 6. In accordance with Policy 11.1.1.8, and upholding the exceptions detailed therein, prior to issuance of a Development Order/Permit, the School District of Palm Beach County shall determine that the level of service for public school facilities can be achieved and maintained. The necessary public school facilities shall be considered to be in place when sufficient capacity exists in the concurrency service area (CSA) in which the proposed development is located, or an immediately_ adjacent CSA. Policy 9.1.4.2.(al: The City hereby adopts the following Level of Service Standards (LOS) and will use them in reviewing the impacts of new development upon facility provision. For public school facilities, the applicant for a Development Order or Development Permit which includes any residential component shall provide a determination of capacity by the School District of Palm Beach County that the proposed development will meet the public school facilities level of service. A determination by the School District is not required for existing single family legal lots of record, in accordance with the Public School Facilities Policy 11.1.1.8. The Dual Level of Service Standards shall be applied in the respective urban and rural areas, consistent with the Urban Growth Boundary philosophy established in the Future Land Use Element: CAPITAL IMPROVEMENTS 9 -4 Ordinance 31, 2001 Exhibit A LEVEL OF SERVICE STANDARDS RECREATION AND OPEN SPACE PUBLIC SAFETY Fire/EMS Police: PUBLIC SCHOOLS 3.7 acres of improved neighborhood and URBAN AREA RURAL AREA TRAFFIC CIRCULATION per 1,000 permanent to serve the entire city Facility Type LOS for Peak Period in Peak Season Neighborhood Collector D D City Collector D D County Minor Arterial D D State Minor Arterial E E State Principal Arterial D D FIHS Roads D - Beeline Highway D C Excepted Links per Table 2A SEWAGE SERVICE SANITARY SEWER SEPTIC TANKS 107 gallons per day Per DEP and Public per capita Health Department Regulations SOLID WASTE Generation per capita: 7.13 lbs per day 7.13 lbs per day Collection: Twice per week Once per week DRAINAGE 3 day, 25 year event 3 day, 25 year event WATER SERVICE POTABLE WATER WATER WELLS 191 gallons per day Per DEP and Public per capita Health Department Regulations RECREATION AND OPEN SPACE PUBLIC SAFETY Fire/EMS Police: PUBLIC SCHOOLS 3.7 acres of improved neighborhood and Park and recreation community parks facilities will be located per 1,000 permanent to serve the entire city residents population, and in most cases will be in the urban area. 5 minute response Require well -based time to 90% of all sprinklers for all calls, on a district basis structures; fire service with tanker trucks; 8 minute average response time. 1150 service calls per officer Zone patrol based on rural per year; crime control strategies Community Policing Philosophy 110% utilization rate or up to 120 %, per Policies 11.1.1.1 and 11.1.1.4 of the PSF Element CAPITAL IMPROVEMENTS 9 -5 Ordinance 31, 2001 Exhibit A Policy 9.1.4.2.(b): Public safety level of service standards are not a formal component of the concurrency management system required by Rule 9J- 5.0055, FAC, however, the City will monitor the standards during the development review process. Any project that necessitates expansion of public safety services beyond those provided in any given fiscal year, shall be required to participate in the burden of expanding police and fire /ems services to serve the subject property, or shall be phased consistent with City plans to expand such services. Public safety facilities and/or capital equipment that will provide the proposed development sufficient services based on the LOS for police and fire /ems facilities may be required pursuant to a Developer's Agreement. Public safety facilities and /or capital equipment dedicated to the City pursuant to a Developer's Agreement shall be credited against impact fees. Policy 9.1.4.2.(c): In 2000, the City shall evaluate and consider adopting the ideal facility standards as a component of the parks and recreation level of service standard and concurrency management system. Policy 9.1.4.2.(d): With a super- majority vote of the City Council, alternative service mechanisms or provision of services at urban levels may be approved in the rural service area. Policy 9.1.4.3.: The City shall, consistent with Section 163.3202 (1), F.S., maintain regulations that will allow phasing of a development and issuing of a development order for projects that are phased to ensure that the necessary public facilities and services are available prior to the completion of the proposed development. Policy 9.1.4.4.: Certificates of occupancy will be issued only after all required public facilities needed to meet the adopted level of service standards are in place. Policy 9.1.4.5.: As a result of the annual capital improvement programming process in which a previously scheduled improvement project drops in priority and was the basis for the approval of a development order, affected developments may proceed subject to the requirement established in Policy 9.1.4.4 above. No such previously scheduled improvement project shall be removed from this element's Schedule of Improvements or delayed more than once unless it can be proved the need no longer exists. Any delay in the funding of any scheduled improvement shall not exceed one program year. Policy 9.1.4.6: The City shall limit its total debt service expenditures to no more than 20% of total revenue and limit total outstanding indebtedness to no more than 10% of its property tax base. Policy 9.1.4.7.: The City shall evaluate proposed plan amendments and requests for new development or redevelopment according to the following guidelines as to whether the proposed action would: 1) Contribute to a condition of public hazard as may be described in the Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge (Infrastructure) Element, and Coastal Management Element of this Comprehensive Plan; 2) Exacerbate any existing or projected condition of public facility capacity deficits, as may be described in the support documents of the Transportation Element; Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge (Infrastructure) Element; Public Safety Element; and Recreation and Open Space Element of this Comprehensive Plan; CAPITAL IMPROVEMENTS 9 -6 Ordinance 31, 2001 Exhibit A 3) Generate public facility demands that may be accommodated by capacity increases planned in the 5 -Year Schedule of Improvements; and 4) Conform with future land uses as shown on the Future Land Use Map of the Future Land Use Element of this Comprehensive Plan. CAPITAL IMPROVEMENTS IMPLEMENTATION This section addresses public facility deficiencies for which the city has financial responsibility in accordance with Rule 9J- 5.005(1)(c) and 9J- 5.016(4), Florida Administrative Code. As discussed in the other elements of this Comprehensive Plan, there are only limited facilities for which the city has financial responsibility. These include all local roads and two collectors, a limited drainage network, police, fire /ems, and recreational facilities. Major transportation links and potable water, sanitary sewer, solid waste, and drainage systems are under the jurisdiction of other public agencies. Thus, while some of these systems have existing and projected deficiencies, they are the financial responsibility of other agencies. As a result, these system deficiencies will not be addressed in this section. Transportation All arterial roads within the city belong to either the county or the state. The city is responsible for only the local streets and two collectors. Only one of these city facilities has either an existing deficiency or a deficiency projected within the next five years. As is discussed further in the Transportation Element, Burns Road cannot be expanded to its planned cross - section until I -95 is widened and the Burns Road underpass is of a width appropriate for a 4 -lane collector. This I -95 improvement will not occur within the next five years, therefore Burns Road is a temporarily constrained facility. The only expenditures necessary for the city -owned street system are ongoing maintenance. The maintenance costs are covered under the operations portion of the city budget and do not meet the cost threshold ($50,000), established by this Comprehensive Plan to be classified as capital improvements. The City's traffic standards, concurrency management system and the Countywide Traffic Performance Standards require deficiencies and needs to be met prior to additional impact. Should project - generated roadway needs occur in the future, the City shall require as a condition of approval, all improvements to be programmed for completion or be carried out by the specific development(s). Sanitary Sewer and Potable Water The potable water and sanitary sewer systems within the city are owned by the Seacoast Utility Authority (Utility Authority). The Utility Authority was previously under private ownership but was purchased by a consortium of cities, including Palm Beach Gardens, and the county. However, the Utility Authority is a separate entity with its own revenues, expenditures, and staff. Therefore, the City of Palm Beach Gardens has no fiscal responsibility concerning the operation, maintenance or expansion of the potable water or sewer systems. Solid Waste Through the use of an independent contractor, the City of Palm Beach Gardens provides residential solid waste pick -up. However, under statutory agreement, all solid waste generated in the city must be taken to facilities owned and operated by the Solid Waste Authority of Palm Beach County CAPITAL IMPROVEMENTS 9 -7 Ordinance 31, 2001 Exhibit A (SWA). Thus, the city has no financial responsibilities for any solid waste disposal facilities. Surface Water Management The city owns portions of a small drainage system located in the oldest portions of the city. No existing deficiencies have been identified, as the existing development meets the established level of service standards. While the areas served by the facilities are almost builtout, any redevelopment or new development will conform with the level of service standards established for new development. Therefore, no deficiencies are projected. Sub -basin drainage studies and post- October 1995 flood system assessments may identify improvements needed to maintain level of service. A few of these improvements may be needed in the City's limited portion of the surface water management system. At this time, the only expenditures necessary for the system are ongoing maintenance. The maintenance costs are covered under the operations portion of the city budget and do not meet the cost threshold ($50,000), established by this Comprehensive Plan to be classified as capital improvements. The remainder of the drainage system in the city is under the jurisdiction of the Northern Palm Beach County Improvement District ( NPBCID) who is responsible for the system operation, maintenance, and expansion. Existing development conforms with the established level of service standards, therefore, no deficiencies have been identified. All future development areas of the city are expected to be serviced by NPBCID systems. These systems shall meet the level of service standards for new development. Recreation The City of Palm Beach Gardens is entirely responsible for providing recreation facilities to residents of the city. The county provides some regional facilities in areas near the city; however, the recreation level of service standard established by this plan includes only city -owned neighborhood and community facilities. Therefore, the city is solely responsible for insuring the level of service standard is. met. Table 7 -45 in the Recreation and Open Space Element Support Document of this Comprehensive Plan indicates the city will have needs for additional improved park land during the next five years. As discussed in that element, this deficit is to be made -up through new development dedications and fees collected through the recently enacted recreation impact fee. The recreation impact fee is to be designed such that all new development will contribute land and/or funds at a level necessary to maintain the adopted level of service of 3.7 acres of park land improved with recreation facilities per 1,000 permanent residents. Table 9A indicates the amount of acreage and expenditures needed to address the projected parks and recreation deficit. As the table shows, there are some land needs beginning in the year 2000. This deficit may be eliminated through the improvement of an 8 -acre parcel on Howell Lane that was dedicated to the City for recreation purposes, yet remains vacant. The City also has a 9 -acre parcel which it just purchased on Lilac Street which is being planned for recreation facilities. Improvement of this site will eliminate the projected deficiency in 2001, and reduce the need in 2002. The acreage needs are calculated by multiplying the projected population for each year by the adopted level of service and then subtracting the inventory from the previous year. The population projections are for the permanent population as shown in Table 1 -Iof the Future Land Use Element. The precise CAPITAL IMPROVEMENTS 9 -8 Ordinance 31, 2001 Exhibit A location of the proposed park improvements cannot be shown at this time since the park sites will be acquired and developed as the vacant land is developed. Almost all of the park improvements shown in Table 9A are expected to be located east of the Florida's Turnpike with a majority located east of I -95. All of the recreational improvements as shown in Table 9A, are consistent with other elements of the Comprehensive Plan. The cost per acre presented Table 9A is calculated by adding the projected land costs plus improvement costs. For the purposes of this calculation, land is estimated to average $60,000 per acre and improvements at $95,000 per acre for a total of $155,000 per acre improved recreation facilities. The land costs used herein are based on the average value of an acre of land within the City. The facility improvements costs are based on the estimated development costs of an acre of park land according to calculations derived for the parks and recreation impact fee. Depending on the amount of land and number of facilities obtained and improved at any one time, economies of scale are expected that may either reduce or exceed these projected costs. Larger -sized parks are more in keeping with the city's current desire to develop more large- scale, fall service community centers. The City is currently working on a parks and recreation master plan which will identify future park sites and desired facilities. The loss of the municipal complex park and recreational facilities contributes to the ongoing capital need. Table 9 -4 identifies the ideal level of improvements that the City would like to offer to its residents. These are objectives which are used for facility planning and annual budgeting purposes. The City would like to be in a situation where it can adopt these objectives as formal level of service standards in the comprehensive plan. Until the facilities that are eliminated due to the municipal complex are replaced, the City is not prepared to formally adopt these objectives. Public Safety The Future Conditions section of the Public Safety Element Support Document identifies fire stations, police facilities and equipment that will be required as capital projects to maintain the adopted levels of service as Palm Beach Gardens develops (Tables 10 -4 and 10 -8). These level of service standards will not be a formal requirement of the concurrency management program, but will be evaluated during development review. Approximately 61% of the City is currently vacant or undeveloped. The development of these areas, with the inclusion of parcels through annexation, will necessitate additional public safety services and facilities. The City shall undertake measures to ensure that adequate land and equipment is available for police, fire and emergency assistance facilities to serve its current and future residents. The Police and Fire Departments are funded primarily through ad valorem taxes. The use of impact fees is the preferred method to ensure that new development offset the need for public services created by such development. Additional capital expenditures will be necessary to maintain the adopted levels of service (Table 9A). These have been projected based upon the adopted urban level of service standards of 1150 service calls /responding officer and a 5 minute response time to 90% of all calls. Response time is measured as the time from receipt of a dispatched call until the first due unit arrives at the scene. Police and Fire capital costs have most recently been estimated for Palm Beach Gardens in a AFire /EMS, Police and Park Impact Fee Study prepared by James Duncan And Associates, May., CAPITAL IMPROVEMENTS 9 -9 Ordinance 31, 2001 Exhibit A 1997. These costs are expected to be met by fees collected through police and fire /ems impact fees. The new station needed to serve District 3 is expected to be funded via a bond issue. Should the bond issue fail, the City will need to fund this capital project with general revenues which will most likely necessitate a tax increase. A Distrct 5 station will also be needed in the near future. At this time, a need for this station is not foreseen in the next five years. Development proposals may impact level of service and necessitate the need for Station #5 sooner than the City's capital program budgets it. In this case, a developer will need to contribute the needed fire station. CAPITAL IMPROVEMENTS 9 -10 O Q O N .— L �— X M W a> U C N C L M U 0 �i -r-I 44 U a � o r-i w H U U w w v � �o \�o 0 0 Lr) Ln rn rn b � w w b b In c b b C o-' I V 0 0 z z x � w w � � a o U) U w R M ti rn b w~ -d cl b S a� a� 0 0 z W N O fA 'ri 4-) O (N •rl �A N w q N N � w O o rj]pP4 w � N rNHP4 a rd L7 � •'� ri U 0 a) c0 NU•r- O O aaoww (N PA 0 U �ar0i [14 w b rn O A •,� U U rn ,>1 41 ul (D r-I .ri U p 4-) N � U 00 •rj 3 °1 w� r I 0 w U a � o r-i w H U U w w v � �o \�o 0 0 Lr) Ln rn rn b � w w b b In c b b C o-' I V 0 0 z z x � w w � � a o U) U w R M ti rn b w~ -d cl b S a� a� 0 0 z W w � w Q w � o Q a oQ o •- N L X M W O U C (B C L Al � y C 0 o H O v. 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O n f N of . e N st1 r� o n O� ft O O ^ a � A b N A ^ n ' ^ ^ u n A n O m 0 O � � G U �C O h � N P e n N e C e W d m � O e1 m r O ' a J i i a" a � O� 3 ' e K oi a 1 oI Ordinance 31, 2001 Exhibit A Implementation Programs The most obvious tool to implement the Capital Improvement Element is the capital improvements program which the City will update on a regular basis. Additionally, in accordance with the goals, objectives, and policies of the elements of this Comprehensive Plan, the city will maintain or adopt new land development regulations and procedures to insure the levels of service standards adopted by this plan are met or exceeded. These regulations and procedures will require that all public facilities necessary to service new development at the adopted levels of service standards are available prior to or concurrent with the impacts of the new development. Furthermore, the regulations will be designed to simplify and streamline the existing regulatory programs. The regulations and procedures to be maintained or newly adopted include, but are not limited to: X traffic (city road impact fees yet to be adopted) and recreation impact fee ordinances; o revised development application procedures which require an assessment of the ability of existing facilities to accommodate proposed development; X regulations which permit the phasing of development in concert with the provision of necessary public facilities; o the preparation of a capital improvements budget as part of the city's annual budget to insure all facility deficiencies are identified and addressed; X an annual monitoring and evaluation process to update the capital improvements element and any deficiencies addressed therein; o the prioritizing of capital expenditures to insure facility deficiencies take priority over non - health and safety capital projects; X an assessment of the city's fiscal capabilities to schedule and implement capital improvement projects; and o an annual review of the Comprehensive Plan for significant changes in growth projections and /or facility requirements. These regulations and procedures are identified in more detail in the goals, objectives, and policies section of each element of this plan plus other sections of the text of this element. In all cases, the city will not approve development which would cause the public facilities addressed by this Comprehensive Plan to operate below their adopted levels of service standards. CAPITAL IMPROVEMENTS 9 -16 Ordinance 31, 2001 Exhibit A IV. MONITORING AND EVALUATION Chapter 163 of the Florida Statutes requires the Capital Improvement Element to be continuously monitored and evaluated. Therefore, this element will be reviewed on an annual basis to ensure that required fiscal resources will be available to provide the public facilities needed to support the adopted level of service standards. The annual review will be the responsibility of the City Manager, the City Finance Director, the Local Planning Agency, with assistance by the Growth Management Department. This group's findings and recommendations will be presented to the Mayor and City Council at a public meeting. The City Council will then direct staff to take appropriate actions based upon the review committee's findings and recommendations. The City, in conducting its annual review of the Capital Improvements Element, will consider the following factors and will amend the element accordingly: 1. Any corrections, updates, and modifications concerning costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the element; or the date of construction of any facility enumerated in the Element; 2. The Capital Improvement Element's consistency with other elements of the Comprehensive Plan and its support of the Future Land Use Map; 3. The priority assignment of existing public facility deficiencies; 4. The City's progress in meeting those needs determined to be existing deficiencies; >. The criteria used to evaluate capital improvement projects in order to ensure that projects are being ranked in their appropriate order of priority; 6. The City's effectiveness in maintaining the adopted LOS standards; 7. The City's effectiveness in reviewing the impacts of plans and programs of state agencies and water management districts that provide public facilities within the city's jurisdiction; 8. The effectiveness of impact fees for assessing new development a pro rata share of the improvement costs which they generate; 9. The impacts of special districts and any regional facility (DRI) and service provision upon the City's ability to maintain its adopted LOS standards; 10. Efforts made to secure grants of private funds, whenever available, to finance the provision of capital improvements; 11. The transfer of any unexpected account balance; 12. The criteria used to evaluate proposed plan amendments and requests for new development of redevelopment; and CAPITAL IMPROVEMENTS 9 -17 Ordinance 31, 2001 Exhibit A 13. Capital improvements needed for the latter part of the planning period, for inclusion in the 5 -year Schedule of Improvements. Iii an effort to make the annual Comprehensive Plan review efficient and effective, the Council will require it to be completed prior to the beginning of the annual budgeting process. All departments within the city will be directed to provide up -to -date information and to make staff available to assist in the review. Formal recommendations for Comprehensive Plan amendments will be made in conjunction with the submittal of the annual budget. CAPITAL IMPROVEMENTS 9 -18 Ordinance 31, 2001 Exhibit A PROPOSED PUBLIC SCHOOL FACILITIES ELEMENT PUBLIC SCHOOL FACILITIES ELEMENT I. GOALS, OBJECTIVES AND POLICIES GOAL 11.1.:IT IS A GOAL OF THE CITY OF PALM BEACH GARDENS TO ASSIST IN PROVIDING FOR FUTURE AVAILABILITY OF PUBLIC SCHOOL FACILITIES CONSISTENT WITH THE ADOPTED LEVEL OF SERVICE STANDARDS. THIS GOAL SHALL BE ACCOMPLISHED RECOGNIZING THE CONSTITUTIONAL OBLIGATION OF THE SCHOOL DISTRICT TO PROVIDE A UNIFROM SYSTEM OF FREE PUBLIC SCHOOLS ON A COUNTYWIDE BASIS. Objective 11.1.1.:To ensure that the capacity of schools is sufficient to support student growth at the adopted level of service standard for each year of the five -,year planning period and through the long term planning period. Policy 11.1.1.1: The LOS standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the School District as 110 percent utilization, measured as the average for all schools of each. tyie within each Con.curren.cy Service Area No individual school shall be allowed to operate in excess of 110% utilization, unless the school is the subject of a School Capacity Study (5C_SLnndertaken by the School District, working with the Technical Advisory Group (TAG) which detenni les that the school can o erate in excess of 110% utilization. The SCS shall be required if a school in the first student count of the second semester reaches 108 % or higher capacity. As a result of an. SCS, an individual school may operate at up to 1.20% utilization. Policy 11.1.1.2: If, as a result of a School Capacity Study (SCS), a determination is made that a school will exceed 120% utilization or cannot operate in excess of 110% utilization, then the School District shall correct the failure of that school to be operating within the adopted LOS through 1) program adjustments 2) attendance boundary adjustments or 3) modifications to the Capital Facilities Program to add additional. capacity. If, as a result of the SCS a determination is made that the school will exceed 110% and can operate within adopted guidelines, the identified school may overate at a -o to 120% .utilization.. If as a result of one or more School Capacity - -- — Studies that demonstrate that the schools of a particular type can operate at a higher standard than the 110% utilization standard of the CSA, the Comprehensive Plan will be amended to reflect the new LOS for that school type in that CSA. Policy 11.1.1.3: The School Capacity Study (SCS) shall determine if the growth rate within an area, causing the enrollment to exceed 110 percent of capacity, is temporary or reflects an Public School Facilities 12 -1 Ordinance 31, 2001 Exhibit A ongoing trend affecting the LOS for the 5 year planning period. The study shall include data which shows the extent of the exceedance attributable to both existing and new development. Notification shall be provided to the local government within whose jurisdiction the study takes place. At a minimum, the study shall consider: 1. Demographics in the school's Concurrency Service Area (CSA); 2. Student population trends; 3. Real estate trends (e.g. development and redevelopment); 4. Teacher /student ratios; and 5. Core facility capacity; Policy 11.1.1.4: The adopted LOS standard shall become applicable to the entire County at the hgginning of the 2004 -05 school year, by which time the School District has achieved the countywide adopted level of service for all schools of each school type. In the interim, Table 11A establishes the tiered level of service standards for each CSA by school type. Individual schools of each type may exceed the Tiered LOS standards during the period in which Tiered LOS are in effect. Each individual school exceeding the Tiered LOS during that time shall not be allowed to exceed the utilization standards for that school type as shown in the Maximum Utilization Table of this element (Table 1113). Table 11A Standards for Tiered Level of Service CSA F cifity Tv e 2000 -01 2001 -02 2002 -03 2003 -04 2004 -05 2005 -06 1 Elementary 120 110 Middle 130 125 110 High 110 2 Elementary 110 Middle 130 130 110 High 115 115 115 110 3 Elementary 110 Middle 130 130 110 High 115 115 115 110 4 Elementary 115 110 Middle 130 130 110 High 115 115 115 110 5 Elementary 110 Middle 130 130 115 110 Public School Facilities 12 -2 Ordinance 31, 2001 Exhibit A Public School Facilities 12 -3 High 135 135 130 130 110 6 Elementary 110 Middle 130 130 120 110 High 120 120 120 110 8 Elementary 110 Middle 130 130 125 115 110 High 125 125 120 115 110 9 Elementary 110 Middle 125 125 125 115 110 High 120 120 120 110 10 Elementary 135 120 110 Middle 125 125 125 125 110 High 120 120 120 110 11 Elementary 135 135 110 Middle 125 125 125 110 High 125 125 125 110 12 Elementary 140 130 120 115 110 Middle 135 135 135 115 110 High 135 135 135 120 110 14 Elementary 125 125 115 110 Middle 135 135 135 115 110 High 135 130 130 115 110 15 Elementary 135 135 115 115 110 Middle 125 125 125 110 High 135 135 135 110 16 Elementary 130 115 110 Middle 120 120 120 115 110 High 135 135 135 120 110 17 Elementary 130 125 110 Middle 135 130 130 110 Public School Facilities 12 -3 Ordinance 31, 2001 Exhibit A 18 19 20 21 22 23 High 145 120 120 110 Elementary 120 115 115 115 110 Middle 120 120 120 120 110 High 145 120 120 115 110 Elementary 110 Middle 110 High 165 130 130 130 110 Elementary 110 Middle 125 110 High 165 130 130 130 1110 Elementary 115 110 Middle 125 125 125 110 High 125 125 125 115 110 Elementary 110 Middle 110 High 110 Elementary 110 Middle 110 High 110 Alternative Schools 110 County wide Source: Based on data depicted in the School District of Palm Beach County FY2001- FY2005 Five Year Plan and FY 2001 Capital Budget, June 2000, and the actual count of students in the second semester of the 2000 -01 school year. Public School Facilities 12 -4 Ordinance 31, 2001 Exhibit A Table 11B MAXIMUM UTILIZATION TABLE: Standards for Utilization of Capacity CSA Facility Type 2000 -01 2001 -02 2002 -03 2003 -04 2004 -05 2005 -06 1 Elementary 165 125 125 120 120 120 Middle 130 125 120 120 120 120 High 120 120 120 120 120 120 2 Elementary 120 120 120 120 120 120 Middle 130 130 120 120 120 120 High 120 120 120 120 120 120 3 Elementary 120 120 120 120 120 120 Middle 130 130 120 120 120 120 High 120 120 120 120 120 120 4 Elementary 155 150 120 120 120 120 Middle 135 135 120 120 120 120 High 135 135 130 130 120 120 5 Elementary 155 150 120 120 120 120 Middle 140 135 120 120 120 120 High 135 135 130 130 120 120 Elementary 155 145 120 120 120 120 Middle 135 135 120 120 120 120 High 120 120 120 120 120 120 8 Elementary 160 160 160 145 120 120 Middle 135 135 135 130 120 120 High 120 120 120 120 120 120 9 Elementary 120 120 120 120 120 120 Middle 135 135 135 130 120 120 High 120 120 120 120 120 120 10 Elementary 205 165 120 120 120 120 Public School Facilities 12 -5 Ordinance 31, 2001 Exhibit A Middle 135 135 135 135 120 120 High High 120 120 120 120 120 120 11 Elementary 245 245 120 120 120 120 130 Middle 125 125 120 120 120 120 120 High 125 125 120 120 120 1 120 12 Elementary 150 150 , 125 120 120 120 � 120 Middle 145 145 145 125 120 120 Hieh 135 135 135 120 120 120 14 Elementary 140 135 135 130 120 120 12 -6 Middle 145 145 145 125 120 120 High 165 120 120 120 120 120 15 Elementary 180 180 165 140 120 120 Middle 130 130 125 120 120 120 High 135 135 135 120 120 120 16 Elementary 200 120 120 120 120 120 Middle 140 125 125 125 120 120 „ High 135 135 135 120 120 120 17 Elementary 205 205 125 125 120 120 Middle 175 175 175 120 120 120 High 145 120 120 120 120 120 18 Elementary 130 120 120 120 120 120 Middle 130 130 130 1130 120 120 Middle High 160 120 120 120 120 120 19 Elementary 120 120 120 120 120 120 Middle 120 120 120 120 120 120 High 170 135 135 135 120 120 20 Elementary 140 140 140 135 120 120 Middle 130 120 120 120 120 120 High 170 145 145 130 120 120 I21 1 Elementary 1 165 145 1120 L 0 120 120 Public School Facilities 12 -6 Ordinance 31, 2001 Exhibit A Source: Based on data depicted in the School District of Palm Beach County FY2001- FY2005 Five Year Plan and FY 2001 Capital Budget, June 2000 Policy 11.1.1.5: Concurrency Service Areas (CSA) shall be established on a less than district - wide basis, as depicted on Map S 1.1 and described in the Concurrency Service Area Boundary Descriptions in the Implementation Section of this element. 1. The criteria for Concurrency Service Areas shall be: Palm Beach County is divided into twenty -one CSAs. Each CSA boundary shall be delineated considering the following criteria and shall be consistent with provisions in the Interlocal A- reement: a. School locations, student transporting times, and future land uses in the area. b. Section lines, major traffic -ways, natural barriers and county boundaries. 2. Each CSA shall demonstrate that: a. Adopted level of service standards will be achieved and maintained for each year of the five -year planning period; and b. Utilization of school capacity is maximized to the greatest extent possible, taking into account transportation costs, court approved desegregation plans and other relevant factors. 3. Consistent with s.163.3180(13)(c)2.,F.S., changes to the CSA boundaries shall be made only by amendment to the PSFE and shall be exempt from the limitation on the frequency of plan amendments, Any proposed change to CSA boundaries shall require a demonstration by the School District that the requirements of 2(a) and (b), above, are met. Public School Facilities 12 -7 Middle 155 155 155 120 120 120 High 145 145 145 120 120 20 22 Elementary 120 120 120 120 120 120 Middle 120 120 120 120 120 120 High 120 120 120 120 120 120 23 Elementary 300 120 120 120 120 120 Middle 120 120 120 120 120 120 High 120 120 120 120 120 120 County Wide Alternative Schools 120 120 120 120 120 120 Source: Based on data depicted in the School District of Palm Beach County FY2001- FY2005 Five Year Plan and FY 2001 Capital Budget, June 2000 Policy 11.1.1.5: Concurrency Service Areas (CSA) shall be established on a less than district - wide basis, as depicted on Map S 1.1 and described in the Concurrency Service Area Boundary Descriptions in the Implementation Section of this element. 1. The criteria for Concurrency Service Areas shall be: Palm Beach County is divided into twenty -one CSAs. Each CSA boundary shall be delineated considering the following criteria and shall be consistent with provisions in the Interlocal A- reement: a. School locations, student transporting times, and future land uses in the area. b. Section lines, major traffic -ways, natural barriers and county boundaries. 2. Each CSA shall demonstrate that: a. Adopted level of service standards will be achieved and maintained for each year of the five -year planning period; and b. Utilization of school capacity is maximized to the greatest extent possible, taking into account transportation costs, court approved desegregation plans and other relevant factors. 3. Consistent with s.163.3180(13)(c)2.,F.S., changes to the CSA boundaries shall be made only by amendment to the PSFE and shall be exempt from the limitation on the frequency of plan amendments, Any proposed change to CSA boundaries shall require a demonstration by the School District that the requirements of 2(a) and (b), above, are met. Public School Facilities 12 -7 Ordinance 31, 2001 Exhibit A Policy 11.1.1.6 : The City of Palm Beach Gardens shall consider as committed and existing the public school capacity which is projected to be in place or under construction_in the first three years of the School District's most recently adopted Five Year Plan, as reflected in Table 9B (Six Year Capital Improvement Schedule) of the Capital Improvement Element of the City of Palm Beach Gardens' Comprehensive Plan, when analyzing the availability of school capacity and making level of service compliance determinations. Policy 11.1.1.7: The City of Palm Beach Gardens shall amend Table 9B (Six Year Capital Improvement Schedule) of the Capital Improvement Element when committed facility capacity is eliminated, deferred or delayed, to ensure consistency with the School District Five Year Plan. Policy 11.1.1.8: For purposes of urban infill and in recognition of the entitlement density provisions of the City of Palm Beach Gardens' Future Land Use Element, the impact of a home on an existing single family lot of record shall not be subject to school concurrency. Policy 11.1.1.9: The City of Palm Beach Gardens shall suspend or terminate its application of School concurrency upon the occurrence and for the duration of the following conditions: School concurrency shall be suspended in all CSAs upon the occurrence and for the duration of the following conditions: • The occurrence of an "Act of God "; or • The School Board does not adopt an update to its Capital Facilities Plan by September 15th of each year; or • The School District's adopted update to its Capital Facilities Program Plan does not add enough FISH capacity to meet projected growth in demand for permanent student stations at the adopted level of service standard for each CSA and ensures that no school of any type exceeds the maximum. utilization standard in any ^CSA; or • The School District Capital Facilities Plan is determined to be financially infeasible as determined by the State Department of Education, or as defined by the — issuance of a Notice of Intent to Find an Amendment to a Capital Improvement Element not in compliance as not being financially feasible, by the Department of Community Affairs; or by a court action or final administrative action; or • If concurrency is suspended in one -third or more of the CSAs pursuant to Policy 11.1.1.9 below. 2. School Concurrency shall be suspended within a particular CSA upon the occurrence and for the duration for the following conditions: • Where an individual school in a particular CSA is twelve or more months behind the schedule set forth in the School District Capital Facilities Plan, concurrency will be suspended within that CSA and the adjacent CSAs for that type of school; or Public School Facilities 12 -8 Ordinance 31, 2001 Exhibit A • The School District does not maximize utilization of school capacity by allowing a particular CSA or an individual school to exceed the adopted Level of Service (LOS) standard; or • Where the School Board materially amends the first 3 years of the Capital Facilities Plan and that amendment causes the Level of Service to be exceeded for that type of school within a CSA, concurrency will be suspended within that CSA and the adjacent CSAs only for that type of school. 3. The County shall maintain records identifying all Concurrency Service Areas in which the School District has notified the County that the application of concurrency has been suspended. 4. Once suspended, for any of the above reasons, concurrency shall be reinstated once the Technical Advisory Group (TAG) determines the condition that caused the suspension has been remedied or the Level of Service for that year for the affected CSAs have been achieved. 5. If a Program Evaluation Report, as defined in the Interlocal Agreement, recommends that concurrency be suspended because the program is not working as planned, concurrency may be suspended upon the concurrence of 33% of the PARTIES signatories of the "Palm Beach County Interlocal Agreement with Municipalities of Palm Beach County and the School District of Palm Beach County to establish Public School Concurrency". 6. Upon termination of the Interlocal Agreement the County shall initiate a Comprehensive Plan Amendment to terminate school concurrency. Objective 11.1.2: To allow for Palm Beach County School District to provide for mitigation alternatives which are financially feasible and will achieve and maintain the adopted level of service standard in each year of the five -year planning period. Policy 11.1.2.1: Mitigation shall be allowed for those development proposals that cannot meet adopted level of service standard. Mitigation options shall include options listed below for which the School District assumes the operational responsibility and which will maintain the adopted level of service standards for each year of the five -year planning period. 1. Donation of buildings for use as a primary or alternative learning_ facility_ ; and /nr 2. Renovation of existing buildings for use as public school facilities; or 3. Construction of permanent student stations or core capacity. The site plan for buildings being renovated pursuant to number 2 above, that are fifty years of age or older, shall demonstrate that there are no adverse impacts on sites listed in the National Register of Historic Places or otherwise designated in accordance with appropriate State guidelines as locally significant historic or archaeological resources. Public School Facilities 12 -9 Ordinance 31, 2001 Exhibit A Policy 11.1.2.2: Level of Service (LOS) standards shall be met within the CSA for which a development is proposed, or by using capacity from adjacent CSAs; otherwise mitigation measures shall be required for development order approval. Objective 11.1.3.: To ensure existing deficiencies and future needs are addressed consistent with the adopted level of service standard. Policy 11.1.3.1: The City of Palm Beach Gardens, in coordination with the School District and other local governments, shall annually amend Table 9B of the Capital Improvement Element (School District of Palm Beach County Six -Year Capital Improvement Schedule), to maintain consistency with the School Board's adopted Five Year Plan and to maintain a financially feasible capital improvements program and ensure that level of service standards will continue to be achieved and maintained in each year of the five year planning period. Objective 11.1.4.: To establish a process of coordination and collaboration between the County, local governments, and the School District in the planning and siting of public school facilities in coordination with planned infrastructure and public facilities. Policy 11.1.4.1: The City of Palm Beach Gardens shall coordinate and provide for expedited review of development proposals with the School District during the development review process to ensure integration of public school facilities with surrounding land uses and the compatibility of uses with schools. Policy 11.1.4.2: There shall be no significant environmental conditions and significant historical resources on a proposed site that can not be mitigated or otherwise preclude development of the site for a public educational facility. Policy 11.1.4.3: The proposed site shall be suitable or adaptable for development in accordance with applicable water management standards, and shall not be in conflict with the adopted or officially accepted plans of the South Florida Water Management District, or any applicable Stormwater Utility or Drainage District. Policy 11.1.4.4: The proposed location shall comply with the provisions of the Coastal Management Element of the comprehensive plan, if applicable to the site. Policy 11.1.4.5: The City of Palm Beach Gardens shall encourage the location of schools proximate to urban residential areas by: • Assisting the School District in identifying funding and/or construction opportunities (including developer participation or City capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements; • Providing for the review for all school sites as indicated in Policy 11.1.4.1 above; and, • Allowing schools as a permitted use within all urban residential land use categories. Public School Facilities 12 -10 Ordinance 31, 2001 Exhibit A Policy 11.1.4.6: The City of Palm Beach Gardens shall coordinate with the School District for the collocation of public facilities, such as parks, libraries, and community centers with schools, to the extent possible, as sites for these public facilities and schools are chosen and development plans prepared. Objective 11.1.5.: To establish and maintain a cooperative relationship with the School District and municipalities in coordinating land use planning with development of public school facilities which are proximate to existing or proposed residential areas they will serve and which serve as community focal points. Policy 11.1.5.1: The City of Palm Beach Gardens shall abide by the "Palm Beach County Interlocal Agreement with Municipalities of Palm Beach County and the School District of Palm Beach County to establish Public School Concurrency", which was fully executed by the parties involved and recorded with the Clerk of the Circuit Court of Palm Beach County January 2001, consistent with ss.163.3177(6)(h)l.and 2. F.S. and 163.3180 F.S. Policy 11.1.5.2: The Technical Advisory Group (TAG) shall be established by the County, participating local governments, and the School District. The five member TAG will be comprised of a Certified Public Accountant, a General Contractor, a Demographer, a Business Person, and a Planner, nominated by their respective associations as indicated in the Interlocal Agreement to establish Public School Concurrency mentioned in Policy 11.1.5.1 above. The Technical Advisory Group shall review and make recommendations including but not limited to the following: 1. The Capital Facilities Plan; 2. The Ten and Twenty Year work programs; 3. Schools that trigger a School Capacity Study; 4. Concurrency Service Areas boundaries; 5. School District Management Reports; and 6. Operation and effectiveness of the Concurrency Program; 7. Program Evaluation Reports. Policy 11.1.5.3: The City of Palm Beach Gardens shall provide the School District with annual information needed to maintain school concurrency, including information required for the School District to establish: 1.School siting criteria; 2.Level of service update and maintenance; 3.Joint approval of the public school capital facilities program; 4.Concurrency service area criteria and standards; and 5.School utilization. Public School Facilities 12 -11 Ordinance 31, 2001 Exhibit A Policy 11.1.5.4: The City of Palm Beach Gardens shall coordinate its comprehensive plan and the Future Land Use Map with the School District's long range facilities maps (S 3.1, S 3.2, S 3.3, and S 3.4), to ensure consistency and compatibility with the provisions of this Element. Policy 11.1.5.5: The City of Palm Beach Gardens shall advise the School District of a proposed public school site's consistency with the City of Palm Beach Gardens' Comprehensive Plan and land development regulations, including the availability of necessary public infrastructure to support the development of the site. Policy 11.1.5.6: The City of Palm Beach Gardens shall provide opportunity for the School District to comment on comprehensive plan amendments, rezonings, and other land -use decisions which maybe projected to impact on the public schools facilities plan. Policy 11.1.5.7: The City of Palm Beach Gardens shall coordinate with local governments and the School District on emergency preparedness issues which may include consideration of: 1. Design and /or retrofit of public schools as emergency shelters; 2. Enhancing public awareness of evacuation zones, shelter locations, and evacuation routes; 3. Designation of sites other than public schools as long term shelters, to allow schools to resume normal operations following emergency events. Objective 11.1.6.: To establish a joint process of coordination and collaboration between the City of Palm Beach Gardens, Palm Beach County, and the School District in the planning and decision making on population projections. Policy 11.1.6.1: The City of Palm Beach Gardens provide updated future land use maps to the County for the conversion of the BEBR projections into both existing and new residential units and disaggregate these units throughout incorporated and unincorporated Palm Beach County into each CSA, using BEBR's annual estimates by municipality, persons - per - household figures, historic growth rates and development potential. These projections are shown in Exhibit E of the Interlocal Agreement as "Projected Units Table" which shall be amended annually and provided to the School District. Policy 11.1.6.2: The City of Palm Beach Gardens commits to working with the School District and Palm Beach County to improve this methodology and enhance coordination with the plans of the School District and local governments. Population and student enrollment projections shall be revised annually to ensure that new residential development and redevelopment information provided by the municipalities and the County as well as changing demographic conditions are reflected in the updated projections. The revised projections and the variables utilized in making the projections shall be reviewed by all signatories through the Intergovernmental Plan Amendment Review Committee (IPARC). Projections shall be especially revisited and refined with the results of the 2000 Census. The responsibilities of local governments and the School District on population projections are described in Section VIII -B of the Interlocal Agreement. Public School Facilities 12 -12 Ordinance 31, 2001 Exhibit A II. IMPLEMENTATION SECTION Concurrency Service Area (CSA) Boundary Description The Palm Beach County School District is divided into twenty one CSAs for school concurrency. The Palm Beach County School CSA boundaries are described in the following pages as bounded by Section lines, major traffic -ways, natural barriers and county boundaries consistent with s. 163.3180(13)(c)2.,F.S. Changes to the CSA boundaries shall be made by plan amendment and exempt from the limitation on the frequency of plan amendments. CONCURRENCY SERVICE AREA DESCRIPTIONS DESCRIBED AS BOUNDED BY: #1 NORTH -The Martin / Palm Beach County Border SOUTH - Donald Ross Rd EAST -The Atlantic Ocean WEST - Florida's Turnpike #2 NORTH -The Martin / Palm Beach County Border SOUTH - Donald Ross Rd and the South Section Line of Sections (using T -R -S) 41- 42 -21, 41- 42 -20, 41- 42 -19, 41- 41 -24, and 41- 41 -23, then Southwest along the centerline of the C -18 canal to the Bee Line Hwy EAST - Florida's Turnpike WEST -Bee Line Hwy #3 NORTH - Donald Ross Rd SOUTH -The South Section Line of Sections (using T -R -S) 42- 43 -10, 42- 43 -09, 42- 43 -08, 42- 43 -07, and 42- 42 -12, East of Military Trl, then South along Military Trl to Northlake Blvd, then West along Northlake Blvd to Florida's Turnpike EAST -The Atlantic Ocean WEST - Florida's Turnpike #4 NORTH -The South Section Line of Sections (using T -R -S) 41- 42 -21, 41- 42 -20, 41- 42 -19, 41- 41 -24, and 41- 41 -23, then Southwest along the C -18 Canal to the Bee Line Hwy, then Northwest along the Bee Line Hwy until the intersection of Bee Line Hwy and the West Section Line of Section 41 -41 -18 SOUTH - Northlake Blvd West to Grapeview Blvd, North along Public School Facilities 12 -13 Ordinance 31, 2001 Exhibit A Grapeview Blvd to the South Section Line of Section (using T -R -S) 42- 41 -08, then West along the South Section Line of Sections 42 -41 -08 and 42 -41 -07 EAST - Florida's Turnpike WEST -The West Section Line of (using T -R -S) 41 -41 -18 South of the Bee Line Hwy, and the West Section Lines of Sections 41- 41 -19, 41- 41 -30, 41- 41 -31, 42- 41 -06, and 42 -41 -07 #5 NORTH -The South Section Line of Sections (using_ T -R -S) 42 -43- 10,42 -43- 09,42 -43- 08,42- 43 -07, and 42 -42 -12 West to Military Trl SOUTH -The South Section Line of Sections (using_ T -R -S) 42- 43 -34, 42- 43 -33, 42- 43 -32, 42- 43 -31, and 42 -42 -36 West to Military Trl EAST -The Atlantic Ocean WEST - Military Trl #6 NORTH - Northlake Blvd SOUTH -The South Section Line of Sections (using_ T -R -S) 42 -42 -36 West of Military Trl, 42- 42 -35, 42- 42 -34, 42- 42 -33, 42-42-32, and 42 -42 -31 EAST - Military Trl WEST -The West Section Line of Sections (using_ T -R -S) 42- 42 -18, 42- 42 -19, 42- 42 -30, and 42 -42 -31 #8 NORTH -The South Section Line of Sections (using T -R -S) 42- 43 -34, 42- 43 -33, 42- 43 -32, 42- 43 -31, and 42 -42 -36 West to Military Trl SOUTH -The North Line of the South Half of Sections (using TRS) 43- 43 -23, 43- 43 -22, 43- 43 -21, 43- 43 -20, 43- 43 -19, and 43 -42 -24 East of Military Trl EAST -The Atlantic Ocean WEST - Military Trl #9 NORTH -The South Section Line of Sections (using_ T -R -S) 42 -42 -36 (West of Military Trl), 42- 42 -35, 42- 42 -34, 42- 42 -33, 42-42-32, and 42 -42 -31 SOUTH -The North Section Line of Sections (using TRS) 43 -42 -24 West of Military Trl, 43- 42 -23, 43- 42 -22, 43- 42 -21, 43- 42 -20, Public School Facilities 12 -14 Ordinance 31, 2001 Exhibit A and 43 -42 -19 EAST - Military Trl WEST -The West Section Line of Sections (using_ T -R -S) 43- 42 -06, 43- 42 -07, 43- 42 -18, and 43 -42 -19 North of the South Line of the North Half #10 NORTH - Northlake Blvd West to Grapeview Blvd, North along_ Grapeview Blvd, then West along the South Section Line of Sections (using T -R -S) 42- 41 -08, and 42- 41 -07, then South along the West Section Line of 42 -41 -18 until intersecting with the Canal generally delimiting the Northern extent of The Acreage and the Southern extent of the J. W. Corbett preserve, West along the centerline of the Canal through the center of Sections 42- 40 -13, 42- 40 -14, 42- 40 -15, 42- 40 -17, and 42- 40 -18, then North along the East Section Line of Section 42 -39 -13 to the North Line of the South Half of Section 42- 39 -13, then West along_ the North Line of the South Half of Section 42 -39 -13 to the West Section Line of Section 42 -39 -13 SOUTH - Southern Blvd West of 441, West to the West Section Line of Section (using_ T -R -S) 43 -40 -33 EAST -The East Section Line of Sections (using T -R -S) 43- 41 -01, 43- 41 -12, 43- 41 -13, 43- 41 -24, 43- 41 -25, and 43 -41 -36 South to Southern Blvd WEST -The L -8 Canal South of the South Section Line of Section (using T -R -S) 42 -40 -31 and West of the West Section Line of Section 43- 40 -08, the West Section Line of Section 43 -40 -08 South of the L -8 Canal, the West Section Line of Sections 43- 40 -16, 43- 40 -21, 43- 40 -28, and 43 -40 -33 South to Southern Blvd #11 NORTH -The North Line of the South Half of Sections (using TRS) 43- 43 -23, 43- 43 -22, 43- 43 -21, 43- 43 -20, 43- 43 -19, and 43 -42 -24 East of Military Trl SOUTH -The South Section Line of Sections (using_ T -R -S) 44- 43 -02, 44- 43 -03, 44- 43 -04, 44- 43 -05, 44- 43 -06, and 44 -42 -01 East of Military Trl EAST -The Atlantic Ocean WEST - Military Trl Public School Facilities 12 -15 Ordinance 31, 2001 Exhibit A #12 NORTH -The North Section Line of Sections (using TRS) 43 -42 -24 West of Military Trl, 43- 42 -23, 43- 42 -22, 43- 42 -21, 43- 42 -20, and 43 -42 -19 SOUTH -The South Section Line of Sections (using_ T -R -S) 44 -42 -01 West of Military Trl, 44- 42 -02, 44 -42- 03,44- 42 -04, 44-42-05, and 44 -42 -06 EAST - Military Trl WEST -The West Section Line of Section (using T -R -S) 43 -42 -19 South of the North Line of the South Half, and State Rd 7 #14 NORTH -The South Section Line of Sections (using_ T -R -S) 44 -43- 02,44 -43- 03,44 -43- 04,44- 43 -05, 44- 43 -06, and 44 -42 -01 East of Military Trl SOUTH -The South Section Line of Sections (using T -R -S) 44- 43 -26, 44- 43 -27, 44- 43 -28, 44- 43 -29, 44- 43 -30, and 44 -42 -25 East of Military Trl EAST -The--Atlantic Ocean WEST - Military Trl #15 NORTH -The South Section Line of Sections (using_ T -R -S) 44 -42 -01 West of Military Trl, 44- 42 -02, 44-42-03, 44-42-04, 44-42-05, and 44 -42 -06 SOUTH -The L -14 Canal EAST - Military Trl WEST -State Rd 7 #16 NORTH - Southern Blvd West of 441, West to the West Section Line of Section (using T -R -S) 43 -40 -33 SOUTH -The South Section Line of Sections (using_ T -R -S) 44 -41- 25,44 -41- 26,44 -41- 27,44- 41 -28, 44- 41 -29, and 44 -41 -30 East of the L -40 Canal EAST -U.S. Hwy 441 / State Rd 7 WEST -The L -40 Canal and the West Section Line of Section 43 -40 -33 South of Southern Blvd #17 NORTH -The South Section Line of Sections (using T -R -S) 44- 43 -26, 44- 43 -27, 44- 43 -28, 44- 43 -29, 44- 43 -30, 44- 42 -25, 44- 42 -26, and 44 -42 -27 East of Jog Rd SOUTH -The Boynton Canal Public School Facilities 12 -16 Ordinance 31, 2001 Exhibit A EAST -The Atlantic Ocean WEST -Jog Rd #18 NORTH -The L -14 Canal West to the Florida Turnpike, then North along the Turnpike to the South Section Line of Section (using T -R -S) 44- 41 -29, then West along the South Section Line of Sections 44- 42 -30, 44- 41 -25, 44- 41 -26, 44- 41 -27, 44- 41 -28, 44 -41 -29 and 44 -41 -30 East of the L -40 Canal SOUTH -The Boynton Canal EAST -Jog Rd WEST -The L -40 Canal #19 NORTH -The Boynton Canal SOUTH -The South Section Line of Sections (using_ T -R -S) 46- 43- 03,46- 43 -04, 46- 43- 05,46- 43 -06, 46 -42- 01,46- 42 -02, 46- 42 -03, 46- 42 -04, 46- 42 -05, 46- 42 -06, State Rd 7 South to the South Section Line of Section 46- 41 -01, West along the South Section Line of Section 46 -41 -01 extended to the L -40 Canal EAST -The Atlantic Ocean WEST -The L -40 Canal #20 NORTH -The South Section Line of Sections (using_ T -R -S) 46 -43- 03,46- 43 -04, 46- 43 -05, 46- 43 -06, 46- 42 -01, 46- 42 -02, 46 -42- 03,46- 42 -04, 46- 42 -05, 46- 42 -06, State Rd 7 South to the South Section Line of Section 46- 41 -01, West along the South Section Line of Section 46 -41 -01 extended to the L -40 Canal SOUTH -The South Section Line of Sections (using_ T -R -S) 46- 43 -28, 46- 43 -29, 46- 43 -30, 46- 42 -25, 46- 42 -26, 46- 42 -27, 46- 42 -28, 46- 42 -29, 46- 42 -30, 46- 41 -25, and 46 -42 -26 East of the L -40 Canal, the portion of the line formed by these Section Lines West of I -95 generally approximates the C -15 Canal EAST -The Atlantic Ocean WEST -The L -40 Canal #21 Public School Facilities 12 -17 Ordinance 31, 2001 Exhibit A NORTH -The South Section Line of Sections (using_ T -R -S) 46- 43 -28, 46- 43 -29, 46- 43 -30, 46- 42 -25, 46- 42 -26, 46- 42 -27, 46- 42 -28, 46- 42 -29, 46- 42 -30, 46- 41 -25, and 46 -42 -26 East of the L -40 Canal, the portion of the line formed by these Section Lines West of I -95 generally approximates the C -15 Canal SOUTH -The Palm Beach / Broward County Border EAST -The Atlantic Ocean WEST -The L -40 and L -36 Canals #22 NORTH -The Martin / Palm Beach County Border SOUTH -The Palm Beach / Broward County Border EAST -From the Martin / Palm Beach County Border, the Bee Line Hwy South to the West Section Line (using T -R -S) of 41- 41 -18, the West Section Lines of Sections 41- 41 -18, 41- 41 -19, 41- 41 -30, 41- 41 -31, 42- 41 -06, 42- 41 -07, and 42 -41 -18 until intersecting with the Canal generally delimiting the Northern extent of The Acreage and the Southern extent of the J. W. Corbett preserve, West along.the centerline of the Canal through the center of Sections 42- 40 -13, 42- 40 -14, 42- 40 -15, 42- 40 -17, and 42- 40 -18, then North along the East Section Line of Section 42 -39 -13 to the North Line of the South Half of Section 42- 39 -13, then West along the North Line of the South Half of Section 42 -39 -13 to the West Section Line of Section 42- 39 -13, then South along The West Section Line of South Half of Section 42- 39 -13, The West Section Line of Sections 42- 39 -24, 42- 39 -25, and 42 -39 -36 North of the L -8 Canal, the L -8 Canal South to the West Section Line of Section 43- 40 -08, then South along The West Section Lines of Sections 43 -40 -08 South of the L -8 Canal, 43- 40 -16, 43- 40 -21, 443- 40 -28, and 43- 40 -33, then South along the L -40 Canal and the L -36 Canal to the Palm Beach / Broward County Border. WEST -The Shoreline of Lake Okeechobee South to the South Section Line of Section (using T -R -S) 41- 37 -22, East along_ the South Section Line of Sections Public School Facilities 12 -18 Ordinance 31, 2001 Exhibit A 43- 37 -22, and 41- 37 -23, then South along the East Section Line of Sections 41- 37 -26, 41- 37 -35, 42- 37 -02, 42- 37 -11, 42- 37 -14, 42- 37 -23, 42- 37 -26, and 42- 37 -35, then West along the South Section Line of Section 42 -37 -35 to the East Section Line of Section 43- 37 -02, then South along the East Section Line of Sections 43- 37 -02, 43- 37 -11, 43- 37 -14, 43- 37 -23, 43- 37 -26, and 43- 37 -35, then in a Southerly_ direction to the East Section Line of Section 44- 37 -02, then South along the East Section Line of Sections 44- 37 -02, 44- 37 -11, 44- 37 -14, and 44 -37 -23 to the L -16 Canal, then West along the L -16 Canal and the L -21 Canals, also referenced as the Bolles Canal, to the West Section Line of Section 44- 35 -34, then North along the West Section Line of Sections 44- 35 -34, 44- 35 -27, 44- 35 -22, 44- 35 -15, 44- 35 -10, 44- 35 -03, 43- 35 -34, and 43 -35 -27 to the Shoreline of Lake Okeechobee, then Westerly along the Shoreline of Lake Okeechobee to the Palm Beach / Hendry County Border, South along_ the Palm Beach / Hendry County Border to the Palm Beach / Broward County Border #23 NORTH -The South Section Line of Sections (using T -R -S) 43 -37 -22 East of Lake Okeechobee, and 41 -37 -23 SOUTH -The L -16 and L -21 Canals, also referenced as the Bolles Canal EAST -The East Section Line of Sections (using_ T -R -S) 41- 37 -26, 41- 37 -35, 42- 37 -02, 42- 37 -11, 42- 37 -14, 42- 37 -23, 42- 37 -26, and 42- 37 -35, then West along the South Section Line of Section 42 -37 -35 to the East Section Line of Section 43- 37 -02, then South along the East Section Lines of Sections 43- 37 -02, 43- 37 -11, 43- 37 -14, 43- 37 -23, 43- 37 -26, and 43- 37 -35, then in a Southerly to the East Section Line of Section 44 -37 -02 then South along the East Section Line of Sections 44- 37 -02, 44- 37 -11, 44- 37 -14, and Public School Facilities 12 -19 Ordinance 31, 2001 Exhibit A 44 -37 -23 to the L -16 Canal WEST -The West Section Line of Sections (using_ T -R -S) 43 -35 -27 South of the Shoreline of Lake Okeechobee, 43- 35 -34, 44- 35 -03, 44- 35 -10, 44- 35 -15, 44- 35 -22, 44- 35 -27, and 44 -35 -34 South to the L -21 or Bolles Canal Public School Facilities 12 -20 Ordinance 31, 2001 Exhibit A PROPOSED DEFINITIONS TO BE ADDED TO THE PUBLIC SCHOOLS FACILITIES ELEMENT The following definitions have been added to the element to comply with the minimum criteria for the Public School Facilities Element for school concurrency and are consistent with Rule 9J- 5.025(1), F.A.C. DEFINITIONS ANCILLARY PLANT - Facilities to support the educational program, such as warehouses, vehicle maintenance, garages, and administrative buildings. CORE FACILITY - Those facilities which include the media center, cafeteria, toilet facilities, and circulation space of an educational plant. DISTRICT SCHOOLS - All District owned regular, elementary, middle, high schools, magnet and special educational facilities. EDUCATIONAL PLANT SURVEY - A study of present educational and ancillary plants and the determination of future needs to provide an appropriate educational program and services for each student. FLORIDA INVENTORY OF SCHOOL HOUSES (FISH) - The report of permanent school capacity. The FISH capacity is the number of students that may be housed in a facility (school) at any given time based on using a percentage of the number of existing satisfactory student stations and a designated size for each program according to s. 235.15, Florida Statutes. In Palm Beach County, permanent capacity does not include the use of relocatable classrooms (portables). PUBLIC SCHOOL CONCURRENCY SERVICE AREA OR " CONCURRENCY SERVICE AREA" - The specific geographic area adopted by local governments, within a school district, in which school concurrency is applied and determined when concurrency is applied on a less than district -wide basis. Public School Facilities 12 -21 Ordinance 31, 2001 Exhibit A MAP SERIES AMENDMENT The following maps have been incorporated into the City's Comprehensive Plan and are part of the Comprehensive Plan Map Series. S 1.1 The Concurrency Service Areas (CSA). S2.1 Existing location of public school facilities by type and existing location of ancillary plants. - School Facility Locations S3.1 Future conditions map depicting the planned and confirmed sites of public school facilities by type and ancillary plants by year for the five -year planning period - Planned Additional Capacity (Confirmed Sites) S3.2 Future conditions map depicting the general location of planned schools facilities without confirmed sites and ancillary plants by year for the five - year planning period - Planned Additional Capacity (Unconfirmed Sites) S 3.3 and S3.4 Future conditions maps depicting the general location of planned school facilities for the end of the long range planning period based on projected Additional Facility Demand. Public School Facilities 12 -22 i ie z o O Hill �o u ui i i Fo-- Cu7d W � J o� N o O Hill �o u ui i i z �Mpm $ ^ \ \� ♦ J t j� 4 1 z m 'u w ci .8 03 Cl) ul § z # f ! \ : � LL. 0 2 z 0 / | &ji z �Mpm $ ^ \ \� ♦ 0 t 3 o $ $ $ x� z ° U. g • ► ♦ Alt a w I� UL z z 0- ox, E0 .0 0 LL z 1, r4. 1 : 1 "*4 .04, 1.04 104 999990999 a0 ft " 0 I� w r ■ ■.+rili/iliililiiilriP P AP 00 iF Hoo�naww� +nw�ngwognreo n .J ■M ',wwr�0MdO0o O.i3OOb OM Heil wiM ,e Q N zoo � o' d. riliil... rrrrirrPS P 0 �.A �.. f1 {I NwOMw Nwwgr♦le ♦ONg1�0AP ee O o � P _^ � ► \Kn MenleOq •.1000M MAwngel e S Yi1 poi�riri�irirPriiiwrrir r Z i_R'CS i ■• awwwwe+.wti eeq.�a•wvw.. +wq�e i Nu .�ow♦.�wweo:�we.+w.�w♦wwi.w♦�w vr. ......... . r. � rw� w..we ne....�nq •w.. u a...��..w.a..wgw'ww imp nunq i� I� e � � r..+r+►�rirrrsawrawrra w wr o'o AM Now.�.rw ♦Mr�wvwwo �nw�wo O J Y�. gwn.iiwooY./.iowonNANww,o. .� 1RRR ry �y f.4 cif.+ wi N Nw O O � N��� � w '� � � Ntaoioarrrsairrrria+a+�r r+ r An ca �. '•o � a c � ,� ,� g,+ Y wNewi. +w�Kw�OwOwnwnww�w r J ',t 7i�" �►*.1{w w..we w.�ilw ew aww www wN .� p 1. .+.'rir+�rrrrrrrrrar+Mr r Q O OK.An W�o ,r, {C N ` I ■4- Nwri�ie Pw N�►v O.I �Iw w�ior wY.�o•• W o .� 6 { NVOaM.+oe.wwNwwaww w�tOnwo�i w'�� ' wow V M.i'w NHN ww.iw ANA l� +.Y Fi all, .11(911 1 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: August 16, 2001 Date Prepared: August 6, 2001 SUBJECT /AGENDA ITEM MISC -00 -23 — PGA Office Center Sidewalk Consideration for Approval: Resolution 85, 2001, a request by Henry Skokowski of Urban Design Studio, on behalf of E. Llwyd Ecclestone, Jr., for approval of a waiver from Section 256 of the City's Land Development Regulations (LDRs), in order to delete portions of the approved sidewalk on Avenue of Champions, adjacent to the PGA Office Center, at 300 Avenue of Champions. The applicant also seeks to delete condition #6 in Resolution 145, 1999, which requires the applicant to extend the sidewalk from its approved northern limit across the frontage of the adjacent property to PGA Boulevard. RECOMMENDATION Staff recommends Denial of Resolution 85, 2001. Reviewed by: Originating Dept.: FINANCE: NA P&Z Action: L, rowth Management: [ ] Approved Principal Planner Karen M. Cra Project Costs: $ Total [ ] App. w/ conditions [ ]Denied City Attorn Y_4;? Manager, [X] Rec. approval: 4_2 Leonard R John Linticjt/en, AICP $ [ ] Rec. app. w/ conds. Finance NA Current FY [ ] Rec. Denial [ ] Continued to: Human Res. NA Funding Source: [ ] Operating Submitted by: Advertised: Attachments: Growth Manage /� Date: [X] Other NA • Table 1 • Resolution 85, 2001 Director f'rt�! �,(,�(„ Paper: • Resolution 145, 1999 Charles K. Wu, AICP • Project narrative [X] Not Required Budget Acct. #: NA • PGA POA letters Approved by: • Police memorandum Affected parties: City Manager • Engineering memo. Ronald M. Ferris Notified • Fax from P &Z [X] Not Required Commissioner • Aerial Map [ ] None i City Council Meeting Date: August 16, 2001 Date Prepared: August 6, 2001 Petition MISC -00 -23 REQUEST Henry Skokowski of Urban Design Studio, agent for E. Llwyd Ecclestone, Jr., is requesting approval of a waiver from Section 256 of the City's LDRs that requires sidewalks to be located on both sides of roadways. Granting of this waiver request will allow the applicant to delete portions of the approved sidewalk on Avenue of Champions, adjacent to the PGA Office Center. The applicant also seeks to delete condition #6 in Resolution 145, 1999, which requires the applicant to extend the sidewalk from its northern limit to PGA Boulevard. The 10.1 -acre site is located on the west side of Avenue of Champions, approximately' /4 mile south of PGA Boulevard. (10- 42S -42E) BACKGROUND The site was originally approved with the adoption of Resolution 93, 1979, and subsequently amended with the approval of Resolution 145, 1999 on December 2, 1999. The approved 60,000 square -foot PGA Office Center building on site has been constructed and received its final certificate of occupancy on February 5, 2001. LAND USE & ZONING The subject site is zoned Professional Office (PO) with a Planned Community District (PCD) overlay, and a future land -use designation of Professional Office (PO). CONCURRENCY The site is part of the PGA National PCD, and is therefore vested in terms of concurrency PETITION DETAILS The applicant would like to delete most of the sidewalk along the western side of Avenue of Champions, adjacent to the PGA Office Center site and extending to PGA Boulevard. The applicant proposes to meet the requirements of the Americans with Disabilities Act (ADA) by keeping a portion of the sidewalk, and connecting it with a crosswalk to the sidewalk on the eastern side of Avenue of Champions. The applicant does not believe this sidewalk will be of any realistic use to the public, and has the written support of the PGA Property Owners Association (POA) for the removal of the sidewalk (see attached). COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) Planninq & Zonin,q Division Based on the City's continued effort to encourage pedestrian and bicycle usage, thereby reducing the number of vehicular trips within the City, the Planning and Zoning Division 2 City Council Meeting Date: August 16, 2001 Date Prepared: August 6, 2001 Petition MISC -00 -23 strongly opposes the deletion of the sidewalk along the western side of Avenue of Champions. Sidewalks on both sides of streets are necessary to promote safe pedestrian movement. Furthermore, the applicant's proposed crosswalk across Avenue of Champions, just south of the roundabout, threatens pedestrian safety. It would be very difficult for a pedestrian to safely cross four lanes of traffic at the south end of the roundabout, especially since there is no traffic signal or stop sign. This statement is supported by the PGA Property Owners Association, Inc. when it states that pedestrian movement near the traffic circle or roundabout would be dangerous (see attached letter dated November 6, 2000). Finally, City Forester Mark Hendrickson also does not support the applicant's request of removing the sidewalk (see attachment dated May 23, 2001). If the sidewalk on the western side of Avenue of Champions remains, it will connect to an existing sidewalk to the south of the site (which continues into PGA National), and will connect to the future sidewalk to the north along PGA Boulevard, which will be built when PGA Boulevard is widened from two lanes to four lanes. Police Department In a memorandum dated May 8, 2001 (see attached), Lt. Jay Spencer states that the Police Department opposes the elimination of the sidewalk, because removal of the sidewalk would reduce pedestrian safety. City Engineerin.q In a memorandum dated May 9, 2001 (see attached), City Engineer Sean Donahue states that City Engineering does not support the removal of the sidewalk. To date, no objections have been received from the following departments and agencies: Building Division, Fire Department, Parks & Recreation Department, City Legal, Seacoast Utility Authority, Palm Beach County School District, Northern Palm Beach County Improvement District, South Florida Water Management District, Waste Management, and Florida Power & Light. GROWTH MANAGEMENT RECOMMENDATION It is the position of staff that the applicant has not provided adequate justification for the waiver. Staff is concerned that granting such a waiver will set a very undesirable precedent for other developments, and endanger pedestrian safety. Therefore, staff recommends DENIAL of the applicant's request for approval of a waiver from Section 256 of the City's LDRs, which would allow the applicant to remove a majority of the sidewalk along the western side of Avenue of Champions, where it abuts the PGA Office Center site, and extends to PGA Boulevard. Kj City Council Meeting Date: August 16, 2001 Date Prepared: August 6, 2001 Petition MISC -00 -23 PLANNING & ZONING RECOMMENDATION At their June 12, 2001 meeting, the Planning and Zoning Commission reviewed this petition to remove a majority of the approved sidewalk abutting the site and extending north to PGA Boulevard. The Commission voted 4 — 2 to recommend approval of the applicant's request to not provide most of the approved sidewalk. Commissioner John Glidden was unable to attend the meeting, but faxed his comments regarding the applicant's request (see attachment). CITY COUNCIL At the August 2, 2001 City Council meeting, the applicant requested and was granted a continuance of this request to the August 16, 2001 City Council meeting. g /john: misc0023 =2 4 City Council Meeting Date: August 16, 2001 Date Prepared: August 6, 2001 Petition MISC -00 -23 EXISTING-"USE ZONING Subject Property Professional Office (PO) Professional Office (PO) PGA National Office with a Planned Community Center District (PCD) overlay North Golf (G) with a Planned Golf (G) Golf Course /Lake Community District (PCD) overlay South Golf (G) with a Planned Golf (G) Golf Course /Lake Community District (PCD) overlay West Golf (G) with a Planned Golf (G) Golf Course Community District (PCD) overlay East General Commercial Commercial (C) Shoppes on the Green (CG -1) with a Planned Community District (PCD) overlay Residential Medium (RM) Glenwood in PGA National Residential — Medium Density (RM) with a Planned Community District (PCD) overlay 41 August 6, 2001 RESOLUTION 85, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM PGA OF AMERICA FOR AN AMENDMENT OF A PREVIOUSLY - APPROVED SITE PLAN BY GRANTING A WAIVER FROM SECTION 256 OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDRS), IN ORDER TO DELETE PORTIONS OF THE APPROVED SIDEWALK ON AVENUE OF CHAMPIONS, ADJACENT TO THE PGA OFFICE CENTER, AS MORE PARTICULARLY DESCRIBED HEREIN, AND TO DELETE CONDITION #6 IN RESOLUTION 145, 1999, WHICH REQUIRES THE APPLICANT TO EXTEND ITS SIDEWALK FROM THE NORTHERN LIMIT OF ITS PROPERTY TO PGA BOULEVARD; PROVIDING FOR A WAIVER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (MISC -00- 23) from PGA of America for approval of an amendment to the previously- approved "PGA Office Center" site plan, located on the west side of Avenue of Champions, approximately' /4 mile south of PGA Boulevard, as more particularly described in Exhibit "A "; and WHEREAS, said amendment will grant a waiver from Section 256 of the City's Land Development Regulations, to delete portions of the approved sidewalk adjacent to the "PGA Office Center" site; and WHEREAS, said amendment will delete condition #6 in Resolution 145, 1999, which requires the extension of the sidewalk from the northern limit of the "PGA Office Center" site, located at 300 Avenue of Champions, to PGA Boulevard; and WHEREAS, the 10.11 -acre "PGA Office Center" site is currently zoned Professional Office (PO) with a Planned Community District (PCD) overlay, and a future land use of Professional Office (PO); and WHEREAS, the Growth Management Department has reviewed said application and forwarded its recommendation the Planning and Zoning Commission; and WHEREAS, on June 12, 2001, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waiver. Resolution 85, 2001 Meeting Date: August 16, 2001 Date Prepared: August 6, 2001 Petition MISC -00 -23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to the "PGA Office Center" site plan, located on the west side of Avenue of Champions, approximately '/4 mile south of PGA Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, thereby granting a waiver from Section 256 of the City's Land Development Regulations, to delete portions of the approved sidewalk adjacent to the "PGA Office Center" site. SECTION 2. Condition #6 in Resolution 145, 1999, which requires the extension of the sidewalk from the northern limit of the "PGA Office Center" site, located at 300 Avenue of Champions, to PGA Boulevard, is hereby deleted. SECTION 3. The following waiver is hereby granted with this approval: 1. Sidewalks — Section 256, which requires sidewalks on both sides of streets, to allow for the removal of portions of the sidewalk on the west side of Avenue of Champions. SECTION 4. Construction of the site shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Site Plan by Alan Strassler Architects, Inc. and date stamped (April 3, 2001) into the Planning and Zoning Division, sheet 2.1. 2. Tree Plan by Cotleur Hearing and date stamped (December 26, 2000) into the Planning and Zoning Division, sheet 1 of 3. 3 Ground Cover /Shrub Plan by Cotleur Hearing and date stamped (December 26, 2000) into the Planning and Zoning Division, sheet 2 of 3. 4. Contour Plan by Cotleur Hearing and date stamped (December 26, 2000) into the Planning and Zoning Division, sheet 3 of 3. SECTION 5. All resolutions or parts of resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this resolution are hereby repealed. SECTION 6. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS 16th DAY OF AUGUST 2001. MAYOR JOSEPH R. RUSSO ATTEST BY: CAROL GOLD CITY CLERK VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g /john: misc0023.res2 3 Resolution 85, 2001 Meeting Date: August 16, 2001 Date Prepared: August 6, 2001 Petition MISC -00 -23 APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY NAY ABSENT Resolution 85, 2001 Meeting Date: August 16, 2001 Date Prepared: August 6, 2001 Petition MISC -00 -23 EXHIBIT "A" NORTH PARCEL DESCRIPTION: (P.GA. OF AMERICA) A PARCEL OF LAND LYING IN SECTION 10. TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE POINT OF CURVATURE OF THE WESTERLY RIGHT -OF -WAY OF AVENUE OF THE CHAMPIONS LYING 418 FEET, MORE OR LESS, SOUTH OF THE NORTH LINE OF SAID SECTION 10 (ALSO THE CENTERLINE OF PGA BOULEVARD) AS SHOWN ON P.G.A. RESORT COMMUNITY PLAT NO. 1 AS RECORDED IN PUT BOOK 36, PAGES 198 -200 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N01'30'41 "E ALONG SAID WESTERLY RIGHT -OF -WAY FOR 107.34 FEET; THENCE 524'58'38 W FOR 51.42 FEET; THENCE S63'36'09'W FOR 39.79 FEET; THENCE N44'51'58 W FOR 66.61 FELT; THENCE N0624'18 "E FOR 33.14 FEET; THENCE N67'31'35"W FOR 18.23 FEET; THENCE S87'28'10'W FOR 159.86 FEET; THENCE S40'19'21"W FOR 144.92 FEET; THENCE S64'53'27'W FOR 120.32 FEET; THENCE N72'00'05'W FOR 33.53 FEET; THENCE S7613'20'W FOR 29.01 FEET; THENCE S25'12'06"W FOR 136.19 FEET; THENCE S1757'201W FOR 83.89 FEET THENCE S3T37'40" FOR 66.27 FEET; THENCE S1 i'29'32'E FOR 39.79 FEET TO A LINE 767.12 FEET SOUTH OF AND PARALLEL WITH THE SAID NORTH LINE OF SECTION 10; THENCE S8827'03'E ALONG SAID LINE FOR 518.82 FEET TO ;A POINT ON A NON- TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 362.00 FEET, WHERE THE RADIAL LINE BEARS 57523'17 "E; THENCE NORTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 2633'31" FOR 180.44 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 116.00 FEET: THENCE NORTHEASTERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 19'52'50" FOR 40.25 FEET TO THE SAID WESTERLY RIGHT-OF -WAY OF AVENUE OF THE CHAMPIONS, BEING A NON- TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 2640.00 FEET, WHERE THE RADIAL LINE BEARS N84'53'53"W, THE UST TWO DESCRIBED COURSES BEING COINCIDENT WITH THE WESTERLY BOUNDARY OF A PARCEL QUIT CLAIMED BY OFFICIAL RECORDS BOOK 5027, PAGE 1497 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 03'35'26' FOR 165.44 FEET TO THE POINT OF BEGINNING. CONTAINING 5.000 ACRES. MORE OR LESS. SOUTH PARCEL DESCRIPTION: (PGA SALES CENTER) A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 42 SOUTH. RANGE 42 FAST. CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT A -1 AS SHOWN ON -P-GA. RESORT COMMUNITY PLAT NO. 1', AS RECORDED IN PLAT BOOK 36, PAGES 198 THROUGH 200 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT ALSO BEING COINCIDENT WITH THE WESTERLY RIGHT -OF -WAY LINE OF AVENUE OF THE CHAMPIONS AS SHOWN ON SAID PLAT; THENCE S01'30'41'W ALONG SAID RIGHT-OF -WAY FOR 91.98 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 2640.00 FEET; THENCE SOUTHERLY, ALONG SAID WESTERLY RIGHT-OF -WAY, TO THE RIGHT THROUGH A CENTRAL ANGLE OF 1621'58" FOR 846.25 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT A -1 AND THE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF SAID TRACT A -1 FOR THE FOLLOWING COURSES: N8T43'55'W FOR 94.84 FEET; THENCE S8748'24 W FOR 103.82 FEET; THENCE N4SOO'00'W FOR 53.74 FEET; THENCE S7656'41'W FOR 80.38 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING RADIUS OF 59.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 97 10' 11" FOR 94.91 FEET TO A POINT OF TANGENCY; THENCE N1O 53' WIN FOR 83.09 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 29.00 FEET; THENCE WESTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 8330'36' FOR 42.27 FEET; THENCE NW23 -44'W FOR 334.65 FEET TO A LINE LYING 767.12 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 10; THENCE ALONG SAID PARALLEL UNE, AND DEPARTING SAID BOUNDARY OF TRACT A -1, S8627'03'E FOR 486.08 FEET TO A NON- TANGENT CURVE CONCAVE TO THE EAST. HAVING A RADIUS OF 362.00 FEET WHERE THE RADIAL LINE BEARS S75'23'17'E; THENCE SOUTHERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 4'34'30" FOR 28.90 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 346.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 16 11' 42' FOR 109.88 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 146.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 34'21'01' FOR 87.53 FEET TO THE POINT OF REVERSE CURVATURE HAVING A RADIUS OF 50.00 FEET, SAID POINT BEING ON THE WESTERLY BOUNDARY OF A PARCEL OUIT CLAIMED PER OFFICIAL RECORDS BOOK 5027, PAGE 1497 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTHERLY, ALONG SAID CURVE AND SAID WESTERLY BOUNDARY, THROUGH A CENTRAL ANGLE OF 5T22'28" FOR 50.07 FEET TO A POINT ON THE ARC OF A CURVE CONCAVE TO THE WEST, WHOSE RADIUS BEARS N75'08'02V FROM SAID POINT, BEING ON THE EASTERLY BOUNDARY OF SAID TRACT A -1, THE LAST THREE DESCRIBED COURSES BEING COINCIDENT WITH THE WESTERLY BOUNDARY OF A PARCEL OUIT CLAIMED PER OFFICIAL RECORDS BOO( 5027, PAGE 1497 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTHERLY ALONG SAID CURVE AND SAID EASTERLY BOUNDARY, THROUGH A CENTRAL ANGLE OF 5'00'41', FOR 230.91 FEET TO THE POINT OF BEGINNING. (CONTAINING 5.107 ACRES, MORE OR LESS.) SAID LANDS SITUATE, LYING AND BEING IN PAM BEACH COUNTY, FLORIDA. SUBJECT TO ALL PERTINENT MATTERS OF PUBLIC RECORD. TOTAL ACREAGE: 10.107 ACRES, MORE OR LESS. 11/12/99 RESOLUTION 145, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO RESOLUTION 93, 1979 BY AMENDING THE SITE PLAN TO ALLOW FOR THE ADDITION OF A 60,000 SQUARE FOOT OFFICE BUILDING AND THE DEMOLITION OF THE 5,495 SQUARE FOOT SALES CENTER, GENERALLY LOCATED WITHIN PGA NATIONAL ON THE WEST SIDE OF AVENUE OF THE CHAMPIONS, APPROXIMATELY 1/4 MILE SOUTH OF ITS INTERSECTION WITH PGA BOULEVARD; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, PGA Headquarters was originally approved pursuant to Resolution 93, 1979 as a Planned Unit Development; and WHEREAS, PGA Headquarters was subsequently amended by Resolution 67, 1989 and Resolution 33, 1986 which approved the sales center and abandoned the requirement for a PGA Hall of Fame; and WHEREAS, the City has received a petition from PGA of America to approve a site plan amendment to allow for the addition of a 60,000 square foot office building and the demolition of the existing sales center; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Land Development Regulations and consistent with the City's Comprehensive Plan; and WHEREAS, the City's Site Plan Appearance and Review Committee has recommended approval of the PGA Headquarters site plan amendment with several conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach hereby approves an amendment to Resolution 93, 1979 amending addition of a 60,000 square foot office building at the PGA of Amei Resolution 145, 1999 Page 2 of 5 located within PGA National on the west side of Avenue of the Champions, approximately ' /< mile south of its intersection with PGA Boulevard. SECTION 2. Approval of the site plan amendment is based upon compliance with the following conditions of approval: 1. Prior to construction plan approval, the applicant shall submit a letter of authorization from the utility owner allowing landscaping and paving over existing utility easements. (City Engineer, City Forester) 2. Prior to construction plan approval, the applicant shall revise the site plan to include 8 (eight) handicapped parking spaces. (Development Compliance Officer) 3. Prior to issuance of first building permit, the berm and buffer landscaping associated with the western and southwestern perimeters shall be installed. (City Forester) 4. The applicant shall submit a parking phasing schedule for staff approval, to ensure that adequate parking will be available for all employees during construction of the proposed office building. (Code Enforcement) 5. All roof -top mounted equipment shall be fully screened from the view of all public rights -of -way. (Code Enforcement) 6. The sidewalk along the west side of the Avenue of the Champions shall be extended to PGA Boulevard in conformance with engineering and FDOT standards. (City Engineer) 7. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 8. No medical uses shall be permitted on this site (Planning & Zoning, Code Enforcement) 9. No exterior building lighting shall be used on the west side of oposg ' ding. (Code Enforcement) r jp CNI �, ^ - jaViy� Resolution 145, 1999 Page 3 of 5 10. The applicant shall utilize Sherwin - Williams `Orange Blossom' (SW 2324) or equal as the exterior color on that portion of the building which is not white. (Development Compliance Officer) 11. The berm on the west side of the building shall be built at a minimum height of 22' NGVD ans shall be continuous. (City Forester) 12. The berm on the west side of the building shall be inspected by City staff both upon installation and planting. (City Forester) 13. The applicant shall provide to the PGA Property Owners Association a separate grading plan, shrub planting plan, and tree planting plan prior to the issuance of a building permit. (City Forester) 14. Additional buffer plants a minimum of 24" high at planting shall be added to the area between the berms near the southeast corner of the site. (City Forester) 15. If required by the property owners association, the applicant shall reduce the patio size by up to 20' to allow for an increase in the height of the berm on the west. (City Forester) 16. Any gaps in the shrub plantings near the southwest corner of the site shall be blocked by additional shrub plantings. (City Forester) 17. The applicant's landscape plans shall be modified to reflect the changes referenced herein and to increase the spacing on the crotons to 2' o.c. and on the ilex to 18" o.c. (City Forester) SECTION 3. The following waivers are approved: 1. Waiver from Section 118 -569 "Number of loading spaces required ", which requires 3 loading spaces for businesses between 50,000 s.f. and 100,000, to allow 2 loading spaces for the proposed 60,000 s.f. building. 2. Waiver from Section 110 -2 "General regulations and restrictions and prohibitions ", which limits the number of flags and flag poles to three per site, to allow a total of seven flags. 3. Waiver from Section 98-66 "Non - residential districts" amount of sod in nonresidential districts to no mor an 40 010,1 landscape area, to permit 66% of the landscape area e se �' l6''ec *Zj Resolution 145, 1999 Page 4 of 5 SECTION 4. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. November 1, 1999 Site Plan by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 2.1. 2. November 1, 1999 Site Lighting Plan by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 2.2. 3. November 1, 1999 Phasing Plan by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 2.3. 4. November 1, 1999 First and Second Floor Plan by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 3.1, 3.2. 5. November 1, 1999 Exterior Elevations by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 4.1. 6. November 1, 1999 Roof Plan by by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 3.1, 3.2. 7. May 25, 1999 Boundary Survey by Messier & Associates, Sheet 1. 8. November 22, 1999 Landscape Plan by Cotleur & Hearing, Sheets 1 & 2. SECTION 5. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTI ATTESTED BY: I,INDA KOSIER, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK gAshort rangelsp9910.re2.doc awl Resolution 145, 1999 Page 5 of 5 ), MAYOR 1999. APPROVED AS TO LEGAL FORM AND SUFFICIENCY: ANDREW PINEIRO, CITY ATTORNEY AYE NAY ABSENT v OED 16pec. �rh,N X99 jaN�NC PROJECT NARRATIVE PGA NATIONAL OFFICE CENTER December 22, 2000 Request This is a request for approval of a Miscellaneous petition to grant a waiver from Section 256 of the City Code which requires a five -foot sidewalk on both sides of a subdivided street. This site is a 10.11 acre tract located on the west side of the Avenue of Champions, at the entrance into the PGA National Resort. The site plan was approved on December 2, 1999 by Resolution 145, 1999 and is near its construction completion. The petitioner requests to delete a portion of the approved sidewalk location and to provide connectivity to the south of the office center with the adjacent office and commercial uses, by proposing a sidewalk crossing on Avenue of Champions south of the rotary. As a result of this modificaion, there are no modifications to the buildings, landscape design, parking areas, or internal circulation on this site. The developer is in compliance will all conditions of the approval of the PGA National Resort PCD and the proposed modification is in compliance with all environmental ordinances of the City of Palm Beach Gardens. In addition, development of this parcel is in conformance with the approved Master Plan and this site is in full compliance with the existing Drainage Management System in place within the PCD. '- EMONE 51) 627_2800 PGA PROPERTY OWNERS ASSOCIATION, INC_ Shoppes On Tlu Green 7100 Fairway Drive, Suite 29 Palm Beach Gardens, Nrodda 33418 FACSIMILE (561) 622 -6324 November S. 2000 Mr. Andrew Deitz VIA FACSIMILE: 686 -5553 RE: PGA OF AMERICA SIDEWALK ON THE WEST SIDE OF AVENUE OF THE CHAMPIONS Dear Andrew: As we discussed previously, PGA Property Owners Associations objects to the sidewalk being placed in front of the PGA of America Headquarters building_ The Architectural Review Committee noted this objection when the plans were reviewed in September, 1999. The ARC's September 23, 1999 letter (Item #8) states, "POA ARC Is opposed to sidewalks along Avenue of the Champions, both north and south of the entry to PGA Headquarters '. The objediona are a result of the following conceme: ➢ The sidewalk does not tie in to a sidewalk south of PGA of America's property, nor does it tie into a sidewalk along PGA Boulevard. Y A sidewalk already exists on the east aide of Avenue of the Champions (which does tie into they PGA Blvd sidewalk). The POA feels that another sidewalk an the opposite side of Ave. of the Champions is not necessary. 3- A sidewalk exists w&H south of the PGA of America property and south of the Communications Center ('guardhouse') on the west side of Ave_ of the Champions, this Sidewalk allows pedestrians to cross Ave. of the Champions in an area where it Is safe to do so. It allows pedestrians to continue up Avenue of the Champions or down Fairway Drive on existing sidewalks. > A storm sewer (catch basin) exists In the path of the proposed sidewalk just past the south and of the PGA of America property. The catch basin Is between the street and the stone wall bridge, leaving inadequate spade to bring the sidewalk through that area. D The proposed sidewalk abuts the street, and the POA is concerned that walkers could be In danger from vehicles traveling into PGA National and trying to merge with traffic around the rotary (traffic circle), These drivers may not be paying adequate attention to pedestrians in this area. 1 > The Irrigation main line for the common tare" runs along the west side of Avenue of the Championed and the sidewalk would cause the relocation of the mainline in an area which is not wide enough to Accommodate k. D There are no destination porno: north of PGA of America's building which are n already being served by an existing sidewalk. G Rf CD 1 DO NOT REMOVF FILE COPY 8 PLANNING & ZONING DMSION L � W Y Q � .7 Z a A Businesses am located to the east, across Ave. of the Champions, where ample sidewafics aftedy esdst. IF the concern is for possible future business access on the opposite side of PGA Blvd, the existing sidewalk on the east aide of Ave, of the Champions would better serve pedestrians. > Finally, nowhere mine in PGA National were sidewalks required on both sides of the street. As stated over a year ago. PGA Property Owners Association is strongly opposed to a sidewalk on the west aide of Avenue of the Champions. 8inoerely. Ralph Infant, Director, on behaff of PGA Property Owners Association Board of Governors DO NOT REMOVE FILE COPY PLANNING & ZONING DMSION R �. r? ' PGA PROPERTY OWNERS ASSOCIATION, INC. PHONE. (56 1) 627 -2840 7100 FAIRWAY DRIVE„ SUrM 29 FAX: (561) 622 -6324 PALM BEACH GARDENS. FL 33418 MEMORANDUM DATE: October 11, 2000 FROM: Dawn Levinsteln, CAM an Behalf of the PGA POA Board of Governors and Arahftectu-ai Revlaw Committea RE: PGA PGA — PGA OF AMERICA SIDEWALK J. Hanson — City of Palm Beach Gardens Via Fax 799 -4282 The Board and ARC of PGA Property Owners Assocletion have s8ked me to contact you. When PGA of America submitted their application for a new bulkding to the POA Architectural Review Committee, the ARC requested that they &d construct the sidewalk in front of the site. it is our understanding that the City required the sidewalk: rim"Wer, it would be a sidewalk to and from nowhere where there are already sidewalks an the opposites side of the atraet. Throughout PGA, sidewalks typically occur on one side of the street only. There is presently a walk along with west side of Avenue of the Champion* but it is quite a ways south of the PGA of America property and it crosses to the east side Just south of the Comm Center (where pedestftns aria safe firm tr al is at the rotary ). The aidewaik continues an the east side of Avenue of the Champions then goes easterly along the south side of Fairway Drive. The POA's lirigation main runs parallel to Avenue of the Champbns in the area where the sidewalk is being required. Moving the sidewalk or the main One would be difficult due to the berms and extensim landscaping in the area. There Is also a stone bridge and catch basin aloe® the very narrow section opposite the Comm Center where it would be difficult to 'tie in' the sidewalk from the and of PGA of AmertcWs property to the locetiorl where the present walk ends and crosses Ave. of the Champions. Because the sidewalk an the west side of Champions ends south of the Comm Center, anyone wishing to continue straight would have to walk along the glass or in the street to continue north to the walk being required in froth of PGA of America. There is a sidewalk on the teat side of Avenue of the Champions north of Fairway Drive which tics into the sidewalk on PGA Blvd (seat of Ave of the Champione) the owners of Fairway Ofi'ice Paris were required to construct.. Since there is no sidewalk on PGA Blvd west of Ave of the Champions, the walk In front of PGA of America would go nowhere. While we understand the City's requirement based an reviewing only the plans, we believe that the Reid conditions do not justify a sidewalk in front of PGA of America. We therefore respectfully request that the City negate the requirement for a sidewalk an the west side of Avenue of the Champions_ If this matter is now out of your jurisdiction, would you please forward this memorandum to the proper psAy or department? Thank you for your consideration. /dl cc, A. DeltZ, PGA POA ARC & Board DO NOT P tAQ E FILE COPY pLANNING & ZONING DP/ISION Mark Hendrickson, City Forester Sean Donahue, City Engineer Tracy Robb, NPBCID Paul Vandenberge, Waste Management Jeanne Mills, PBC School Board Bruce Gregg, Seacoast Utilities James Schnelle, City Environmental Consultant Jon Iles, Public Works Jack Doughney, Asst. to the City Manager Sheryl Stewart, Asst. to the City Manager Kelvin Wise, Code Enforcement Leonard Rubin, City Attorney Richard Huff, Florida Power & Light cc: Charles Wu, Growth Management Director Steve Cramer, Principal Planner Karen Craver, Principal Planner James FitzGerald, Police Chief Carol Gold, City Clerk Hoyt Owens, Public Works Director g/john: misc00&&dre.note.nomeet Page 2 of 2 Interoffice Memorandum To: Planner John Lindgren From: Lieutenant Spencer Date: 5 -8 -01 Subject: PGA Office Center Sidewalk: Waiver From the Sidewalk Requirement To provide maximum pedestrian safety, the police department recommends that the approved site plan for the PGA Office Center Sidewalk adhere to city code. cc Chief FitzGerald CPD L bf hINC C cONSUL1iNG QVIL ENGINEERS, SURVEYORS &MAPPERS ( VIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax (561) 286.3925 wwwJbfh com MEMORANDUM TO: John Lindgren FROM: Sean C. Donahue, P.E. DATE: May 9, 2001 FILE NO. 99 -4074 SUBJECT: PGA National Headquarters Office Building- Sidewalk We have reviewed the miscellaneous approval application for the referenced project prepared by Urban Design Studio received on May 4, 2001. The applicant has proposed to delete a portion of a sidewalk from the project. The sidewalk originally was proposed to start from the northwest corner of the intersection of the project driveway and Avenue of the Champions and continue north along the west side of Avenue of the Champions. Section 256 of the City's Land Development Regulations (LDRs) requires 5 -feet wide sidewalks to be provided on both sides of all streets in a subdivision. We support the City's LDRs. SCD/ cc: Steve Cramer Karen Craver PAPR0JECTS\PBGMEM0\407414074u Jun.12.01 09:21a Lisa 561- 684 -6890 p.1 atY of pg GaP anning &Zoning Commission Mceting rr 1%,12, 2001 JU ' 12 .- .11 D AREM NT two miles west of the Florida Tur. MENT Project Manager — Talal Benothm, Email Tbenothman@ci.pahn -beac Post -it" Fax Note 7671 IT °Chart I n man 6c_:c [ u(� [Co. /Dept. C., f Phone H Lax N Recommendation to City Council Petition SP- 01 -12: Mirasol Parcel 8. IDa2lf3�{J� Ipages� 1 IFrom < illn GI i('de n Phone a Anne Booth, of Urban Design Studio and as agent for Taylor - Woodrow Communities Inc., is requesting site plan approval for 35 custom single - family dwelling units in Parcel 8 of the Mirasol Planned Community District, with a proposed density of 3.08 dwelling units per acre. The 16.5 -acre site is located on the western edge of Mirasol, approximately one mile northwest of the intersection of Jog Road and PGA Boulevard. (4-41S-42E) Project Manager - Ed Tombari (799 -4299) Email Etombarin@,ci.palm- beach- gardens.fl.us 9. Recommendation to City Council Petition MISC- 00 -23: PGA National Office Center Sidewalk Waiver Henry Skokowski, of Urban Design Studio and as agent for E. Llwyd Ecclestone, Jr., is requesting approval of a waiver from Section 256 of the City's LDRs that requires sidewalks to be located on both sides of roadways. The requested waiver is to delete portions of the approved sidewalk on Avenue of Champions, adjacent to the PGA Office Center. The 10.1 -acre site is on the west side of Avenue of Champions, approximately' /4 mile south of PGA Boulevard. (10- 42S42E) Project Manager - John Lindgren (799 -4235) Email Jlindnrenpci.palm- beach- gardens.fl.us 10. Workshop Petition CU- 00-03: Temple Beth David Larry Winker, agent for Northern Palm Beach County Jewish Community Center, Inc., is requesting Conditional Use Amendment (CU) approval for Temple Beth David. The 5.0 -acre site contains an 8,308 square -foot facility. The applicant proposes to increase the square footage by 21,787 square feet. The proposed building is 1,991 square feet smaller than what was previously approved by the City Council in July 1997. The site is located on the north side of Hood Road, halfway between Military Trail and Central Boulevard (36-41S-42E). Project Manager — Kara Irwin (799 -4236) _ Email Kirwin(@,ci.pahn- beach- gardens.fl.us - As l k, we" -tv )VI *AA- s +C) lot 66MA& -� F&11� tOLArA (ak$7 +WA4j Pao VeA-W 04VI-tw D I 10" ~ H'Q ,; prz)e -o , V-5-1 d'Vk4/-' �Lr"'N�T >` N�T�y:y�.N'r..'.y�P['21�'� ` 1�'0' �+•...+'�r� � }e«+�� a `]: • h.. s� :. `7 ACT � _ ., } •J`4Y •� `"� Z J S�9�jj: T e RM 3 a •. �,3 �q•`.. tf �� qt��' a• �.' �- t F �-'~'� :� ♦s �i y _.�►e'"'�.. a 5r++� ' iit ,rsF -ii ryKy- r t -''°� *f`• :. 1 ' yF- J. � L _ ..�:SJ .. � �_.s =.. .w.• : -'.. •„mss'` � �i � "''- ���' 'F i fit. °J { � 1 (� 'r� �'� y'a e ' �' ' ' ��_ .l t`. t i 4,;a....sl. i t-°-° , � dr. I •� „Y"�Yrf q -e�'� r • € 1 x .„�} 7 �•, 8�ft � y.-#� vx,ME--& »M ♦.- tr. - , � . +..+•,.'� s ' '�.,�,•,`. �r�� �• ' ?✓-. =r --6. t - ■ z� 1 1 � , '� t ,,.. -+ tw°^ =.31 ai.,`YS, +St�i�. � �Ef uro'W9g�'ry��%' ; :• 3 - c ■ :te`' _ j : �, ! + � •'+�+�^''^_- '•'•._;�:. a �, ��• ,,.:may. tx � t • f - r - -• N. td J n E ■ ti c'.'r �T _c-y `` .,.,� �, i . 4 e _ - i � t 'l .'i !' "' j'"� ' J t � +•t Y - e �' _ � � � _ ' ¢. -may" • � '.q t y t�N �, Ed t_k,C t3� fr -` S -� - • • ; r i ) ■ ■.� ■ , j � y i j 'rs' Y' S erty AR surrounding prop .t `c rt is � -c _ +:��'�; � ;i• � � 4 �� r+ #fit : . within the PGA Nat'l Reso 'k" • � ,te;{0'; • i s -, 1 " - 1 ; r 4 1 I i �tM. :i i 4qf k wt �. .a `L i; � f -`3- L ,� ,y„�• ,kt - Rl" - t Z sL w�•'? ryas 4 :S I 7 (. -'. -rt uu,av wow �. tun.wn F4 DoR��d �DPY�N BVMN�S '0 alVNOU 1l3lSS�iLLS NVIV Jbj NY-14 3115 r - U30wo varw m r smog m ro arnav A rain" N*WA§O ivwuvm:tlOd :WJ wS.W.M "save WOWS W msoeoad J i ._ .. 0 M I ark 3 oil S 5is5a �a5 a d �5 a a5 if g1 � 1 t ESE 5 '1 �:�� Z CLQ J En D- D- .17 W F I > { 0 I; I� 1 W N J i sa 1 I Qv 0 1 o i 1 i Q x J I I 1 1 Y i a i 3 N 1 � 1 U_ I Y O W / 0 Q i o �� Q CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: August 16, 2001 Date Prepared: July 30, 2001 SUBJECT /AGENDA ITEM Petition SP -01 -18 — Mirasol Parcel 20. Consideration of Approval: A request by Anne Booth of Urban Design Studio, on behalf of Taylor- Woodrow Communities, Inc., for site plan approval of Parcel 20 within the Mirasol Planned Community Development (PCD), for 70 semi - custom, zero -lot line, single family lots. RECOMMENDATION Staff recommends approval of Resolution 123, 2001 with a condition of approval. Reviewed by: lI Originating Dept.: Growth Management: FINANCE: NA P&Z Commission Action: Principal Planner Costs: $ [ ]Approved Karen M. Craver, AICPJ Project Manager Total [ ] App. w/ conditions Denied City Attorney /2 [ ] Edward Tomtari $ [ ] Rec. approval Finance NA Current FY X a w/ [ ] Rec. app. conds. Human Res. NA [ ] Rec. Denial Funding Source: N/A [ ] Continued to: [ ] Operating [ ] Other Budget Acct. #: N/A Submitted by: Advertised: Attachments: Growth Date: • Resolution 123, Manag t �14 Paper: 2001 Directo_ • Legal Description Charles K. Wu, AICP [X] Not Required • Project Narrative • Code Comparison Approved City Man • Zoning and Land Use Affected parties: _ • PCD Master Plan [ ] Notified • Site /Landscape Plan [ x ] Not Required • Building Elevations • Floor Plans [ ] None City Council Meeting Date: August 16, 2001 Date Prepared: July 30, 2001 Petition SP -01 -18 Waivers The petitioner is requesting waivers from the following code requirements: Code Section Required Provided Waiver staff P &z Recommendation Recommendation 6/26/01 Section 78 -141 — 10 feet 3 feet 7 feet Support Support Rear Setback, Screen Enclosure. Section 78 -141 — 7.5 feet 0 feet (zero 7.5 feet Support Support Side Setback side Section 78 -141 — 7.5 feet 5 feet (non- 2.5 feet Support Support Side Setback, zero) 7.5 feet Screen Enclosures 0 feet (zero side Section 78 -141 — 65 feet 48 feet 17 feet Support Support Minimum Lot Width Section 78 -141 — 6,500 square feet 5,760 740 Support Support Minimum Lot Area square feet Section 78 -141 — Maximum lot Maximum lot 15% Support Support Lot Coverage coverage of 35% coverage of 50% The petitioner has provided sufficient justification for all waivers. The justification is in the attached project narrative. STAFF RECOMMENDATION Staff recommends approval of petition SP -01 -18 with the following condition of approval: (1) All conditions of approval, waivers, and exhibits listed within Resolution 72, 2000 shall remain in effect for Phase 1 (Planning and Zoning). PLANNING AND ZONING COMMISSION On June 26, 2001, the Planning and Zoning Commission unanimously recommended approval of this application to the City Council. G: \Short Range \sp0118st.doc 4 Last Revised: Original: July 11, 2001 July 23, 2001 July 26, 2001 July 30, 2001 August 1, 2001 RESOLUTION 123, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "PARCEL 20" LOCATED WITHIN THE MIRASOL PLANNED COMMUNITY DEVELOPMENT, ALLOWING FOR THE DEVELOPMENT OF 70 SEMI - CUSTOM, ZERO -LOT LINE, SINGLE - FAMILY DWELLING UNITS, LOCATED APPROXIMATELY 1 MILE NORTHWEST OF THE INTERSECTION OF PGA BOULEVARD AND JOG ROAD, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A CONDITION OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (SP- 01 -18) from Urban Design Studio, agent for Taylor- Woodrow Communities, Inc., for site plan approval of "Parcel 20" within the Mirasol PCD, allowing for the development of 70 semi - custom, zero -lot line, single - family homes, located approximately 1 mile north of the intersection of PGA Boulevard and Jog Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks six waivers as part of site plan approval; and WHEREAS, the 11.06 -acre site is currently zoned Planned Community Development (PCD) with underlying zoning of RL -3, and a future land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City's Comprehensive Plan and Land Development Regulations and has recommended approval; and WHEREAS, on June 26, 2001, the Planning and Zoning Commission recommended approval of the site plan for "Parcel 20 ". 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AS FOLLOWS; Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for "Parcel 20" within the Mirasol PCD, allowing for the development of 70 semi - custom, zero -lot line, single - family homes, as more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said site plan approval shall comply with the following condition which shall be binding upon the applicant, its successors, assigns, and /or grantees: (1) All conditions of approval, waivers, and exhibits listed within Resolution 72, 2000 shall remain in effect for Phase 1 only (Planning and Zoning). Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following six waivers with this approval: (1) Section 78 -141, Maximum Lot Coverage, to allow for 50% lot coverage. The Land Development Regulations (LDRs) require a maximum of 35% lot coverage. (2) Section 78 -141, Rear Setback, to allow for a three -foot rear setback for screen enclosures. The LDRs require a minimum rear setback of 10 feet. (3) Section 78 -141, Side Setback, to allow for a side setback of zero feet on designated zero lot lines. The LDRs require a minimum side setback of 7.5 feet. (4) Section 78 -141, Side Setback, to allow for a side setback of 5 feet for screen enclosures. The Land Development Regulations require a minimum 7.5 -foot side setback for structures, including screen enclosures. (5) Section 78 -141, Minimum Lot Width, to allow for lot widths of 48 feet. The LDRs require a minimum lot width of 65 feet. (6) Section 78 -141, Minimum Lot Area, to allow for minimum lot area to equal 5,760 square feet. The LDRs require a minimum lot area of 6,500 square feet. Section 4. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 5. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: (1) June 25, 2001 Site Plan, Sanders Planning Group, Sheet SP -1 2 (2) June 25, 2001 North Buffer Landscape Plan, Urban Design Studio, Sheet LA -1 (3) April 27, 2001 Detail Sheet, Urban Design Studio, Sheet LA -2 (4) April 12, 2001 Prototypical Landscape Plan, Krent Wieland, Sheet P -1 (5) August 26, 1999 Protoypical Model Roof Plan, Affiniiti Architects, Sheet A3.1 (6) July 13, 2001 Architectural Elevations, Affiniti Architects, Sheet A4 (7) April 11, 2001 Conceptual Drainage Layout, Mock -Roos, 1 Sheet (8) April 24, 2001 Specific Purpose Survey, Mock -Roos, 2 Sheets Section 6. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 7. All resolutions, or parts of resolution, in conflict herewith are hereby repealed to the extent of such conflict. Section 8. This Resolution shall be effective upon adoption. PASSED AND APPROVED THIS THE DAY OF 2001. ATTESTED BY: CAROL GOLD, CMC,City Clerk VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO, JOE RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY \ \FILE_SRV \COMPROG \Short Range \sp0118re.doc 9 AYE NAY ABSENT EXHIBIT A PAGE ONE ,.. __ ______�_ _. �. .,.__�......MV`�:xt¢•.ZCyM _: t �2°rfMeW.ry�..:view.wKy(.r =x.u_ _ _.e�.fi LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN SECTION 3, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT X, MIRASOL PLAT ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 89, PAGES 14 THROUGH 23, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE NORTH LINE OF SAID SECTION 3; THENCE ALONG THE SOUTH LINE OF SAID TRACT X AND SAID NORTH LINE OF SECTION 3, SOUTH 88'10'53" EAST, A DISTANCE OF 410.17 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88'10'53" EAST, A DISTANCE OF 345.66 FEET; THENCE DEPARTING SAID SOUTH AND NORTH LINES, SOUTH 01'49'08" WEST, A DISTANCE OF 517.96 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 365.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70'42'58 ", AN ARC DISTANCE OF 450.49 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 72'32'05" WEST, A DISTANCE OF 219.21 FEET; THENCE SOUTH 17'27'55" EAST, A DISTANCE OF 77.32 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 150.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37'00'05 ", AN ARC DISTANCE OF 96.87 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 19'32'10" WEST, A DISTANCE OF 92.85 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55'18'12 ", AN ARC DISTANCE OF 28.96 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 100.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67'16'32 ", AN ARC DISTANCE OF 117.42 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 30.00 FEET FROM WHICH A RADIAL LINE BEARS NORTH 13'02'34" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57'25'16 ", AN ARC DISTANCE OF 30.07 FEET TO THE POINT OF TANGENCY; THENCE NORTH 19'32'10" EAST, A DISTANCE OF 110.16 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 200.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 'OF 31'26'24 ", AN ARC DISTANCE OF 109.75 FEET; THENCE SOUTH 72'32'05" WEST, A DISTANCE OF 25.84 FEET; THENCE SOUTH 31'00'29" WEST, A DISTANCE OF 32.18 FEET TO A POINT ON THE ARC OF A NON- TANGENT -URVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 58.00 FEET FROM WHICH A ?ADIAL LINE BEARS SOUTH 33'19'27" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50'47122 ", AN ARC DISTANCE DF 51.41 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 72'32'05" WEST, A DISTANCE OF 26.55 FEET; THENCE NORTH,14'55'14" WEST, A DISTANCE OF 53.16 FEET; THENCE NORTH 17'27'55" WEST, A DISTANCE OF 361.77 FEET TO HE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS JF 640.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A : ENTRAL ANGLE OF 19'17'02 ", AN ARC DISTANCE OF 215.40 FEET TO THE POINT )F TANGENCY; THENCE NORTH 01'49'08" EAST, A DISTANCE OF 60.07 FEET TO HE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS )F 280.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A = ENTRAL ANGLE OF 36'52'12 ", AN ARC DISTANCE OF 180.18 FEET TO THE POINT ,F REVERSE CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 0.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A ENTRAL ANGLE OF 37'04'00 ", AN ARC DISTANCE OF 32.35 FEET TO THE POINT REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A. 4DIUS OF 78.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE- HROUGH A CENTRAL ANGLE OF 55'50'16 ", AN ARC DISTANCE OF 76.02 FEET; `-FENCE NORTH 69'59'23" EAST, A DISTANCE OF 36.60 FEET; THENCE SOUTH 3'10'53" EAST, A DISTANCE OF 347.09 FEET TO A POINT ON THE ARC OF A EXHIBIT A PAGE TWO NON - TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 56.00 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 76'51'11" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11'19'41 ", AN ARC DISTANCE OF 11.07 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01'49'08" WEST, A DISTANCE OF 317.94 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 360.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19'17'02 ", AN ARC DISTANCE OF 121.16 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 17'27'55" EAST, A DISTANCE OF 49.31 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 78.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 118'19'33 ", AN ARC DISTANCE OF 161.08 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 200.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42'23'25 ", AN ARC DISTANCE OF 147.97 FEET TO THE POINT OF TANGENCY; THENCE NORTH 01'49'08" EAST, A DISTANCE OF 146.86 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 200.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34'36'29 ", AN.ARC DISTANCE OF 120.80 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 173.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34'36'29 ", AN ARC DISTANCE OF 104.50 FEET; THENCE NORTH 02'04'20" EAST, A DISTANCE OF 77.66 FEET TO THE POINT OF BEGINNING. CONTAINING 557,447.543 SQUARE FEET OR 12.80 ACRES, MORE OR LESS. k FLORIDA LB. NO. 48 I 17 ,, „ I RFLD: - PROJECT NARRATIVE City of P.B. Gardens MIRASOL PCD PARCEL 20 (f/k/a Parcels E, F & G) April 27, 2001 Request/location This is a request for Site Plan and Appearance approval of Parcel 20 within the Mirasol PCD. This site plan is an amended site plan which includes the previously approved Parcel F together with a re- configured area of land to the west and which will supercede and replace the previously approved site plan. The portion of the site plan which was previously Parcel F remains as it was originally approved and platted. The proposed lots on the re- configured land are the same size and product type as were previously approved for Parcel F. There are 39 lots within the previously approved Phase 1 (Parcel F) and 31 lots within the re- configured area for a total of 70 single family zero lot line lots. The previously approved site plans for Parcels E, F and G were approved for 141 single family zero lot line lots. The proposed density of the parcel is consistent with the Medium density designation on the Master Plan. The developer of this parcel will be Taylor Woodrow Communities. The models previously approved will be the same models proposed. The Mirasol Architectural Review Board has reviewed and approved the proposed plans for development. The parcel is generally surrounded by lakes with the exception of the northern edges which abut Parcel D (Portofino). History On September 19, 2000, the City Council approved Resolution 72,2000, which approved the Site Plan for Parcels E, F, &G. Since that time the developer has requested, and the City is currently reviewing, an amendment to the approved Master Plan (approved under Ordinance 8,2000) which modified the parcel configuration. An application for concurrent processing of these amended plans while the PCD Master Plan amendment application is being reviewed has been submitted for approval by the City Council. The use and density proposed on this parcel is consistent with the Master Plan currently under review. The applicant understands that the PCD amendment application must be approved prior to this application being approved. Compliance/Land Use The proposed development is in compliance with all environmental ordinances of the City of Palm Beach Gardens. All surrounding property is zoned PCD and also has a Land Use Plan designation of PCD with the exception of the Seacoast Utility Authority property which is zoned P/I - Public Institutional, and has a Land Use Plan designation of P- Public. No operational traffic improvements are required as a result of the development of this parcel. Development of this parcel is in conformance with the Master Plan currently under review by the City Council. The master Golf Digest POA has reviewed and approved the attached plans. Phasing Development of these parcels will be in a two phases. The first phase will be the 39 lots previously approved on Parcel F. Roadway and lake construction will be occurring simultaneously with the construction of the parcels. DO NOT REMOVE FILE COPY PLANNING & ZONING DIVISION i Project Narrative Mirasol Parcel 20 (F/K/A Golf Digest - Parcels E, F and G) April 27, 2001 Page 2 Access Roadway access to the site, via the collector road, will be completed simultaneously with the parcel construction. A stabilized road base will be completed prior to the start of home construction as required by Ordinance 8,2000. Both internal parcel cul -de -sacs are less than 1500 feet in length. The proposed recreation center will be submitted for review and approval at a later date. Existing Zoning and Land Use Designations & Site Analysis EXISTING USE ZONING FUTURE LAND USE SUBJECT PROPERTY Vacant PCD (MP designation Med) PCD TO THE NORTH SUA Treatment Facility and P/I - Public Institutional and P- Public and PCD Parcel D - High Density PCD Residential TO THE SOUTH Recreation Center PCD PCD TO THE EAST Lake and N/S Parkway PCD PCD TO THE WEST Lake and Parcel 21 PCD PCD Project Narrative Mirasol Parcel 20 (F/K/A Golf Digest - Parcels E, F and G) April 27, 2001 Page 3 W.. x� x � Rz'�,� . �r..,x' -" ''� �, � � } a v� �✓. °�.- �i,£i,��`�'�3 "�y� P�`' �t c �' Y x� � N F r' Comparison Proposed Consistent Maximum Building Lot 35% 50% waiver previously Coverage (Required by approved LDRs) Maximum Height Limit 36 feet 36 feet max. yes (Limits allowed in PCD) RM r Rs 3 w✓r`3`i4 ; >. ^. Front Entry Garage/ Straight zoning varies yes Side Entry Garage from 35' to 25', Subdivision code allow Front Entry Garage -20' Planned Developments to Side Entry Garage -15' reduce to 10' for side loaded garage & 20' for front loaded garage Side Street 20' 15' waiver previously approved Side Interior Code varies from 15' to 0' /10' yes 7.5' or 10% of lot which ever is greater. There are no code provisions for ZLL. Rear Code varies from 25' to 10' 10' yes • L vv s ., re _ x �,� sxrt# , z j�L�i�..��dEsi�.�€" � �'1+P��-0 n .xA, ff,Y Mr A > ✓Ni, i .N �2 R 3. '`^ �n Number (required Two spaces per du plus Each unit will have a yes by LDRs) one space for each minimum of a 2 car garage bedroom over two with a two car apron ;. �. H UM Buffers (Regd. By 25' PCD buffer on South 25' PCD buffer with Yes the PCD) side of SUA facility additional open space Points (Required by yes LDR 's) Project Narrative Mirasol Parcel 20 (F/K/A Golf Digest - Parcels E, F and G) April 27, 2001 Page 4 Architectural Style and Special Features These parcels are proposed to be developed as single family zero lot line homes. The model plans previously approved for phase 1 will be the same homes for phase 2. Included in this application are copies of the Proto - Typical elevation which represents the style and character of the homes as well as Design Guidelines for the homes in this parcel that were previously approved. All home plans will be reviewed and approved by the Golf Digest POA/Architectural Review Committee prior to submission to the City. Design Guidelines The following design guidelines are being submitted to provide for consistency in the design and character of the homes within these parcels. • Unifying architectural treatments shall include: • Concrete Block construction with textured or sand stucco finish • S -tile or flat tile concrete roofs • Minimum 2 -car garages • Multi -pane front elevation windows • Roof styles shall be either gable, hip, or Boston hip • Paneled garage doors • Band treatments at windows and doors on the street side of homes Building heights are not to exceed 36 feet Decorative pavement shall be used on driveways and entry walks Minimum quantities of plant materials required for each lot are: • 3 canopy trees or large palms ( "required" trees planted @ 12' o. a. height and "required" palms species will provide a spread of 15'@ maturity) • 4 small trees /accent plants • 200 shrubs and groundcover plants Note: The number of plants listed are minimum numbers only. Shrubs are planted @ 3 gal minimum, groundcover's are planted at 1 gal minimum. Adjacent homes shall not have the same front elevation and/or wall and trim color palette. Building lot coverage shall be limited to a maximum of 50% Color Selections for Parcels E, F and G shall be as follows: • Roof Tiles - Addison Blend Pavers/Drives/Walkways - Paver Module E -16 Exterior Wall Color - - Porter Paints (light earth tones) - Antique Ivory #6842 -1, Sand Beige #6759 -2, Almond #6699 -1 - Sherwin- Williams (light earth tones) - Echelon Ecru #1122 Exterior Trim Color - Porter Paints - White Umber #6841 -1 Project Narrative Mirasol Parcel 20 (F/K/A Golf Digest - Parcels E, F and G) April 27, 2001 Page 5 Lighting Sternberg Acorn lighting will be provided throughout all parcels with the locations of light poles indicated on the site plan. Lighting details have been included on the site plan. Street lights will be field located to. avoid conflicts with trees and utilities. Landscape Plans This application includes a Common Area Planting plan for the parcel as well as a planting plan for the PCD buffer and the adjacent common area open space. The parcel planting's include Oaks, Pines, flowering trees, shrubs and groundcovers. It is the intent of the developer to submit the detailed entry features /signage and landscaping at a future date for City Council approval. Street light locations are shown on the site plans. Street lights will be field located to avoid conflicts with utilities. Maintenance of all common area landscaping will be by the Property Owners Association. Parking Required parking is calculated at one space per bedroom. Each unit will provide a minimum of a two -car garage with two spaces on the driveway apron. Signage The location of the entrance sign has been noted on both the site plans and the landscape plans. Detailed sign design in accordance with the approved Master Signage program will be submitted at a later date for review and approval by the City staff. Drainage Drainage outfall from this site will be accomplished by drainage into inlets and culverts, outfalling into adjacent lakes which are part of the surface water management system for the project. (See attached preliminary plan from Mock -Roos and Associates.) CPTED Compliance In accordance with the approved development order, CPTED criteria was established for the overall PCD. These parcels comply with the CPTED guidelines. Project Narrative N irasol Parcel 20 (F/K/A Golf Digest - Parcels E, F and G) April 27, 2001 Page 6 Waiver Request and Justification Statement for Mirasol Parcel 20 Waiver Request Resolution 72, 2000 previously approved 5 waivers. The applicant is requesting that those waivers stand and continue to be applicable. The approved waivers included the following: Lot Coverage A waiver to allow 50% lot coverage Side Interior Setbacks for Screens and Accessory Structures A 2.5' and 7.5' 'ver to allow screen enclosures and accessory structures within the side interior setbacks to all w 5 of and 0 foot setbacks from the property line. Rear Setbacks A 7' waiver to allow screen enclosures and accessory structures within the rear setback. Lot width A 17 foot waiver to allow 48 foot lot widths Side Interior Setback to allow Zero Lot Line Structure A 7.5' waiver to allow a 0' setback on the zero lot side Justification Statement While the City Council has approved numerous Zero Lot Line development plans, the current Land Development Regulations do not have setback provisions for zero lot line homes. Approval of Zero Lot Line development plans have been facilitated through the site plan approval process allowed as part of the Planned Community Development District site plan approval process. The current code allows and encourages ingenuity, flexibility and imagination in the design of development parcels within a Planned Community District. The consolidation of open space within the PCD creates the need for flexibility in the application of setbacks and other standard Land Development Regulations within the development parcels. In that the Planned Community District regulations were created with this concept in mind, specific land development regulations were not included in the PCD- Planned Community District regulations. The proposed development plan for Parcel 20 is consistent with other previously approved Zero Lot Line development plans within the City as well as the intent of the Planned Development District regulations. Project Narrative Mirasol Parcel 20 (F/K/A Golf Digest - Parcels E, F and G) April 27, 2001 Page 7 SIDE SETBACK The applicant would like to request a waiver from Section 70- RL -3 Residential Low Density District, subsection (c), Table II, Property Development Regulations - Side Setback, which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater. The typical/minimum width of lots within this parcel are 48 feet. Under standard zoning regulations the side setback requirement would be 7.5 feet on each side of the lot. The proposed plan of development for this parcel is to allow Zero Lot Line homes. The proposed Zero Lot Line homes will maintain a minimum setback of 10 feet from one side of the lot and a zero setback on the alternate side of the lot. The screen enclosures and accessory structures will maintain a 5 foot and 0 foot setback. REAR SETBACK The applicant would like to request a waiver from Section 70- RL -3 Residential Low Density District, subsection (c), Table II, Property Development Regulations - Rear Setback, which requires a setback of 10 feet. The required setbacks for pools, spas, and screen enclosures is the same as for the primary structure on the lot. The applicant is proposing that pools, spas and screens be allowed to be constructed 3 feet from the from the rear lot line (T waiver). MINIMUM LOT WIDTH The applicant is requesting a waiver from Section 70- RL -3 Residential Low Density District, subsection (c), Table II, Property Development Regulations - Minimum Lot Width, which requires a minimum lot width of 65 feet. The typical/minimum width of lots within this parcel are 48 feet. The proposed plan of development for this parcel is to allow Zero Lot Line homes which typically have smaller lot widths. This waiver request would allow a reduction of 17 feet in the minimum lot width. LOT COVERAGE The applicant is requesting a waiver from Section 70- RL -3 Residential Low Density District, subsection (c), Table II, Property Development Regulations - Maximum Lot Coverage, which allows a maximum lot coverage of 35 %. This applicant is requesting approval for 50% lot coverage. The proposed 50% maximum lot coverage is consistent with the lot coverage standards for other high -end single family custom residential projects. For example, all of the recent approvals for zero lot line lots within the Mirasol PCD have a lot coverage of 50 %. BallenIsles PCD has lot coverage standards of 45% to 60 %. Approval of comparable parcels in PGA National have also allowed lot coverages from 46% to 67 %. With the provision of additional landscaping on the lot as well as the open space and landscaping surrounding the lots, the effect of increased lot coverage is minimized. a "EXISTI�NG�ZO`NING AND LAND USE D�ES1GNi� S� �._�. , d Recreation Center EXISTING USE ZONING LAND USE (PCD) ti .� Subject Property Planned Community , Vacant /Undeveloped Development Residential — Low (RL) Planned Community (PCD) Jog Road Parkway Development Master Plan Designation Low North Planned Community District Lake /Seacoast Water Plant (PCD) Residential — Low Density (RL) Parkway Public /Institutional Public (P) South Planned Community Recreation Center Development Residential — Low (RL) (PCD) Master Plan Designation Recreation Center East Planned Community Jog Road Parkway Development Residential — Low (RL) (PCD) Master Plan Designation Parkway West Planned Community Residential — Low (RL) Mirasol Parcel 21 Development (unapproved) (PCD) Master Plan Designation Medium �CO:NSISTENCY AM WITHTHCCIDE ... Code Requirement ,k ProposedPlan,; cons�stent�? : ,Waiver A r, p Requested M Maximum Density for RL -3 + 6.7 Yes du /acre 5.6 du /acre Minimum Site Area for RL -3: No Waiver 6,500 SF 5,760 SF requested Minimum Site Width for: RL -3 = No Waiver 65 feet 48' requested Maximum Building Lot No Waiver Coverage for RL -3: 35% 45% requested Maximum Building Height for 36' Yes RL -3: 36 feet Front Setback for RL -3: 25 feet minimum Yes 25 feet Building Side Setback for 5 feet for screen enclosures No Waiver screen enclosures: (non -zero side) requested RL -3 = 7.5 feet or 10% lot width 0 feet (zero side) Building Side Setback: 0 feet (zero side) No Waiver RL -3 = 7.5 feet or 10% lot width requested Side Setback Facing a Street N/A N/A for: RL -3 = 20 feet Rear Setback for: 3 feet for screen enclosures No Waiver RL -3 = 10 feet requested Required Parking: 2 car garage and 2 spaces in Yes = >2 /dwelling unit or 1 /bedroom driveway If 1 P I pill �KEl"i ME poll lfrt a So ip � P. so �� " \' ►fir. Il \'` \�a� 10, " I I I �Ii INN 'FL4 01 F r I I Asivor 10 IF - '11�fli r1mV0;Wpf44"'!-.. JP C-A fc; cm m ■IMMI \� c c Oct c in In R sit !6 —s Ig o i I j in i L j / CD !� o d t; F i J -17 &7. ;7 a5 a li ri ® � Iii I - - - -- - - - - - -- - - - - -- i ----- -- - - - - - -- -- - - - - - -- -_ - - - - -- - - - - - ----------- 009 R ad) ' I�wII T- 1-0 r t` Ind 1 lip r I`IPI [ Golf Digest PCD Paroe120M Taylor Woodrow Communities/ Golf Digest D. Parcel 20(f) 48' x 120' Lots 11ao WurseryLane Site Plan Palm Beach Gardens, Fl- 33418 (561) 822 -1730 Sanders Planning Group, p.a. 2425 E. Commercial Blvd., #407 Ft Lauderdale, FL 33308 (954) 491 -8890 „ „ „ „ tR„ a „ „ „ II I �r it I� I nd IIn x a z Lake Goff Coume and Lakes m not Included in Parcel. Golf Digest PCD Parcel 200► Taylor Woodrow Communities/ Golf Digest LTD. € Parcel 2O cfl 48' x 120' Lots 1140 Nursery Lane § Site Plan Palm Beach Gardens, FL 33418 IN (561) 622 -1730 Sanders Planning Group, P.al, 2425 E. Commerdal Blvd., #407 Ft. I at,derdale, FL 33308 (954) 491 -8890 Xm Jlm S 2t336 NOf • • wMPn wd WAI • ' • • • • m I I ' o ' i o I s I � �I 6 I �g 3 " -4 Dm a0 mm nc�1 M m D f If IN 1 .13 lit Pill' 11 11 pill I psi lip i i IQ n as cap A n ('$ A l 4�pp a �t6 i1 :.l� � �j@t ��f �$7 g }�� ICap�k11y T9� eg IF Y`3 i5�• s1 Y 4 i��> h��t;t' �;sa,e �; j-11 5a �a as � g e�� a s 4lda d i�e�� i9 r i i pit It a�t $e�E Ike$ ag i6 & a F m trasd Parcel io GOLF DIGEST PCD AdAdAdA Landscape Plan TAYLOR YNOODRM PALM BEACH GARDENS, FLORIDA COMM -Mms r � s i B HOW j D ! IIJ B I 9 u 0 ' 0 7 S L z ° FLORIDA COMMUNMES p n r� Co m z 6 n m r 0 n c r m D n R ml wirasnc Pwca w Landscape Plan 6 PALM BEACH QARDMS , 0 kiffi �\- ffil ME r rtt 9 $�rlt �m P Z A 11M pill GOLF OK3 W FWD HOW j J My ! IIJ B I z TAYLOR WOODROW S z ° FLORIDA COMMUNMES p ll[s [1 Is E� ti 1 E � i I 1t t° 1� � ii '� a � 11 4t 1011PI 1 oil full IfIllm + � i n , li�.i PARCEL 20 f48' Lpj ; C TAYLOR WQC CWJOW COMAUNMES GOLF DIGEST. PCD l P" BEAQ i QAMEN3 , . 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Blair, on behalf of Catalfumo Construction & Development, Inc., for approval of two (2) small - scale land use map amendments to the City's Comprehensive Plan for a 7.43 -acre parcel and a 5.21 -acre parcel, respectively, from Mixed -use to Commercial. The subject parcels are located at the northwest and northeast corners of Northlake Boulevard and MacArthur Boulevard, respectively. RECOMMENDATION Staff recommends DENIAL of Ordinance 26, 2001 and Ordinance 27, 2001. Reviewed by: Originating Dept.: FINANCE: NA LPA Action: G owth Management: [ ] Approved Principal Planner Costs: $ [ ] App. w/ conditions Karen M. Craver, Project Total [ ] Denied City Attorney Leonard Rubin Manager [X] Rec. approval: 5 -1 John Lin�gren, AICP $ [ ] Rec. app. w/ conds. Finance NA Current FY [ ] Rec. Denial [ ] Continued to: Human Res. NA Funding Source: [ ]Operating Submitted by: Advertised: Attachments: Growth Date: [ ] Other • Ordinance 26, 2001 Manag�.,m�n�t *Ordinance 27, 2001 Direct ��,�((���� , , � Paper: • Location Maps Charles K. Wu, AICP *Applicant [X] Not Required Budget Acct. #: Justification Statements Approved by: Affected parties: City Manager Ronald M. Ferris [ ] Notified [ ] None [X] Not Required City Council Meeting Date: August 16, 2001 Date Prepared: July 25, 2001 Petitions LU -01 -01 & LU -01 -02 REQUEST Kenneth A. Blair, agent for Catalfumo Construction & Development, Inc., is proposing small -scale land use map amendments to the City's Comprehensive Plan. The amendments change the current land use designation of a 7.43 -acre parcel and a 5.21 -acre parcel from Mixed -Use to Commercial. The subject parcels, known as Parcels 12.05 and 12.04, are located at the northwest and northeast corners of Northlake Boulevard and MacArthur Boulevard, respectively. BACKGROUND The subject parcels are currently undeveloped. The petitioner is requesting the land use changes to Commercial so that the sites will not have to be developed with three or more general types of uses in place. Currently, only 1.2% of the area in the City has a land use designation of Mixed -Use. HISTORICAL AND ARCHEOLOGICAL RESOURCES The MacArthur Banyan Tree is located in between the two sites, and is a significant historical resource to the City of Palm Beach Gardens. Policy 6.1.5.4. of the City's Comprehensive Plan requires that the City protect "[s]ites of historical or archaeological significance." The existing Mixed - Use designation would enable the City to have greater control over development of the sites, thereby increasing the level of protection of the tree. The City's Land Development Regulations also require protection of the tree (MacArthur Banyan Tree Overlay District), and as a result, the applicant will have to comply with all of the overlay district requirements at the site planning stage. LAND USE COMPATIBILITY WITH SURROUNDING AREA The subject parcels are surrounded by properties designated Commercial to the south and west, Commercial to the east, and Residential Medium (Lake Catherine) and Recreation Open Space (Hal Watkins Middle School) to the north. Because of the residential, school, and recreation open space areas that are immediately adjacent to the sites, it is the Staff's professional opinion that the proposed land use of Commercial is not compatible with the adjacent land uses (a requirement in Policy 1.1.1.1.b. in the City's Comprehensive Plan). A Commercial land use designation would enable a wide variety of intense commercial uses that are not compatible with neighboring school and residential development. A Mixed -Use land use designation would enable greater control of the types of commercial uses permitted on the sites, thereby making the development of the site more compatible to the nearby school and single - family homes. CONSISTENCY WITH THE VISION PLAN The City's Vision Plan serves as a land use guide for all land use designation changes in the City. The Vision Plan designates the subject sites as Mixed Overlay /Residential; therefore, the requested land use changes to Commercial are not consistent with the intent and objective of the Vision Plan. It should be noted, however, that on August 19, 1999, City Council approved waivers from the residential requirements (found under the Mixed -use land use designation) for these sites. 2 City Council Meeting Date: August 16, 2001 Date Prepared: July 25, 2001 Petitions LU -01 -01 & LU -01 -02 CONSISTENCY WITH THE FLORIDA ADMINISTRATIVE CODE (CH. 9J -5) Section 9J- 5.006(4)(c) of the Florida Administrative Code (F.A.C.), states that "[m]ixed use categories of land use are encouraged." Changing the land use designation of the parcels from Mixed -Use to Commercial is not consistent with this section. Section 9J- 5.006(3)(b)4., F.A.C., states that the goals, objectives and policies of a future land use should "[e]nsure the protection of ... historical resources." It is Staff's professional opinion that the proposed change of the land use is not consistent with this section of 9J -5, F.A.C. DEVELOPMENT POTENTIAL ANALYSES The maximum development potential for Parcel 12.05 allowed under the existing land use designation of Mixed -use is outlined in the following table. The analysis is based on the total acreage of the site, which is 7.43 acres, various percentage maximums for land allocation and lot coverage (found in Policy 1.1.1.3. of the City's Comprehensive Plan), and a height restriction of four (4) floors (also in Policy 1.1.1.3.). MAXIMUM DEVELOPMENT POTENTIAL FOR PARCEL 12.05 UNDER EXISTING LAND USE OF MIXED -USE (NON- RESIDENTIAL) Max. Max. Density/ External Recreation Sanitary Potable Solid Development Intensity Trip /Parks Sewer Water Waste Potential 388,380 sq. ft. 60% Land 10,106 N/A Adequate Adequate Adequate of allocation Daily capacity capacity capacity commercial 50% Lot trips use coverage 4 -floor height 543,733 sq. ft. 60% Land 4,315 N/A Adequate Adequate Adequate of allocation Daily capacity capacity capacity professional 70% Lot trips office use coverage 4 -floor height 168,298 sq. ft. 60% Land 1,003 N/A Adequate Adequate Adequate of industrial allocation Daily capacity capacity capacity use 50% Lot trips coverage 4 -floor height TOTAL = -- 15,424 -- -- -- -- 1,100,411 Daily square feet trips kA City Council Meeting Date: August 16, 2001 Date Prepared: July 25, 2001 Petitions LU -01 -01 & LU -01 -02 The maximum development potential for Parcel 12.05 allowed under the proposed land use designation of Commercial is outlined in the following table. MAXIMUM DEVELOPMENT POTENTIAL FOR PARCEL 12.05 UNDER PROPOSED LAND USE OF COMMERCIAL Max. Max. Density/ External Recreation Sanitary Potable Solid Development Intensity Trip /Parks Sewer Water Waste Potential 226,555 sq. 35% Lot 7,069 N/A Adequate Adequate Adequate ft. of retail coverage Daily capacity capacity capacity commercial 50% Lot trips The trip generation analysis reflects that there will be 8,355 less external trips generated by the proposed land use designation than by the existing designation. The maximum development potential for Parcel 12.04 allowed under the existing land use designation of Mixed -use is outlined in the following table. The analysis is based on the total acreage of the site, which is 5.21 acres, various percentage maximums for land allocation and lot coverage (found in Policy 1.1.1.3. of the City's Comprehensive Plan), and a height restriction of four (4) floors (also in Policy 1.1.1.3.). MAXIMUM DEVELOPMENT POTENTIAL FOR PARCEL 12.04 UNDER EXISTING LAND USE OF MIXED -USE (NON- RESIDENTIAL) Max. Max. Density/ External Recreation Sanitary Potable Solid Development Intensity Trip /Parks Sewer Water Waste Potential 272,337 sq. ft. 60% Land 7,782 N/A Adequate Adequate Adequate of allocation Daily capacity capacity capacity commercial 50% Lot trips use coverage 4 -floor height 381,271 sq. ft. 60% Land 3,300 N/A Adequate Adequate Adequate of allocation Daily capacity capacity capacity professional 70% Lot trips office use coverage 4 -floor height 118,012 sq. ft. 60% Land 704 N/A Adequate Adequate Adequate of industrial allocation Daily capacity capacity capacity use 50% Lot trips coverage 4 -floor height TOTAL = -- 11,786 -- -- -- -- 771,620 Daily square feet trips 4 City Council Meeting Date: August 16, 2001 Date Prepared: July 25, 2001 Petitions LU -01 -01 & LU -01 -02 The maximum development potential for Parcel 12.04 allowed under the proposed land use designation of Commercial is outlined in the following table. MAXIMUM DEVELOPMENT POTENTIAL FOR PARCEL 12.04 UNDER PROPOSED LAND USE OF COMMERCIAL Max. Max. External Recreation Sanitary Potable Solid Development Density/ Trip /Parks Sewer Water Waste Potential Intensity 158,863 sq. 35% Lot 5,519 Daily N/A Adequate Adequate Adequate ft. of retail coverage trips capacity capacity capacity The trip generation analysis reflects that there will be 6,267 less external trips generated by the proposed land use designation than by the existing designation. Although the comparison of the maximum development potentials, as required by Chapter 9J -5, F.A.C., indicates that the development potential under the existing Mixed -Use designations is far greater than under the proposed, the City's Land Development Regulations will significantly reduce the intensity of development that will actually occur under the Mixed -Use designation. LEVEL OF SERVICE STANDARDS The petitioner's analyses demonstrate that there will be no direct, adverse impacts on the adopted Level of Service (LOS) standards for water, sewer, solid waste, police and fire services, and traffic. The City's traffic engineer has indicated that the proposed amendments will not degrade the LOS of any roadway segment within the zone of potential impact. NEARBY LOCAL GOVERNMENT COMMENTS /OBJECTIONS The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has reviewed the proposed amendments and has raised no objections. Furthermore, staff has also not received objections or adverse comments regarding these proposed amendments from City residents. GROWTH MANAGEMENT RECOMMENDATION Staff recommends DENIAL of the proposed small -scale amendments to the City's Comprehensive Plan to change the land use designations of the subject parcels from Mixed -Use to Commercial. Staff supports maintaining the Mixed -Use land use designation for several reasons. 1. The proposed land use map designation of Commercial is not compatible with the adjacent residential, school, and recreation /open space land uses to the north because a Commercial land use designation would enable a wide variety of intense commercial uses on the sites. 2. The proposed land use map designation of Commercial is not consistent with the City's Vision Plan of Mixed Overlay /Residential use for the sites. 5 City Council Meeting Date: August 16, 2001 Date Prepared: July 25, 2001 Petitions LU -01 -01 & LU -01 -02 3. The proposed change of the land use from Mixed -use to Commercial for Parcels 12.05 and 12.04 is not consistent with Section 9J- 5.006(4)(c) of the Florida Administrative Code (F.A.C.) regarding the encouragement of mixed -use, and the protection of historical resources. 4. A mixed -use project would provide a great deal of internal capture of traffic trips, thereby relieving the traffic burden on Northlake Boulevard. 5. The sites are part of the City's southern entrance, and are adjacent to the historically significant MacArthur Banyan Tree. Mixed -use projects would enable greater control of development, thereby helping to ensure that the sites are developed in a manner that is befitting their importance to the City as a historical site and an entry to the City. 6. Mixed -use sites are unique and represent a demand by society to return to a more traditional city design, or at least have some neo- traditional aspects within a city. Very few mixed -use designated sites exist in the City (only 1.2% of the total land area); therefore, those that do exist should be maintained as mixed -use sites that promote the ideals of neo - traditional development, including the mix of residential, office, and retail uses. LOCAL PLANNING AGENCY RECOMMENDATION At their June 12, 2001 meeting, the Local Planning Agency (LPA) held an advertised public hearing on this petition. The LPA voted 5 — 1 to recommend approval of this petition to City Council. It should be noted that Staff had recommended approval at the LPA public hearing for these small - scale land use changes from Mixed -Use to Commercial. Recent Council decisions on land use changes concerning Mixed -Use parcels required Staff to further assess the importance of mixed -use development within the City. After careful consideration of the Vision intended by the City's adopted Future Land Use Map and further research of the City's Policies, Land Development Regulations, and Comprehensive Plan Staff was prompted to re- evaluate the previous recommendation. g /john: Iu0101 &lu0102.cc 11 July 25, 2001 ORDINANCE 27, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BY CHANGING THE LAND USE DESIGNATION ON APPROXIMATELY 5.21 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD AND MACARTHUR BOULEVARD, FROM MIXED -USE TO COMMERCIAL; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (LU- 01 -02) from Catalfumo Construction & Development, Inc. to amend the land use designation for approximately 5.21 acres of land located at the northeast corner of Northlake Boulevard and MacArthur Boulevard, as more particularly described in Exhibit "A" attached hereto, from Mixed -Use to Commercial; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, on June 12, 2001, the Local Planning Agency for the City recommended approval of the future land use map amendment to the Comprehensive Plan of the City; and WHEREAS, the City Council has found that the future land use map amendment is consistent with Section 163.3187(1)(c), Florida Statutes, pertaining to small -scale comprehensive plan amendments; and WHEREAS, the City Council acknowledges that this future land use map amendment is subject to the provisions of Section 163.3187(3)(c), Florida Statutes, and that the City shall maintain compliance with all provisions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Future Land Use Map of the Comprehensive Plan of the City is hereby amended to change the future land use designation for approximately 5.21 acres of land located at the northeast corner of Northlake Boulevard and MacArthur Boulevard, more particularly described in Exhibit "A," from Mixed -Use to Commercial. Ordinance 27, 2001 Petition LU -01 -02 SECTION 2. The City's Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are forwarded to the Florida Department of Community Affairs and other agencies, in accordance with Section 163.3187(2), Florida Statutes. SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. This ordinance shall become effective in accordance with Section 163.3187(3)(c), Florida Statutes. PLACED ON FIRST READING THIS THE 16t' DAY OF AUGUST 2001. PLACED ON SECOND READING THIS THE DAY OF 2001. PASSED AND ADOPTED THIS THE DAY OF MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN 2001. COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO 2 ATTEST BY: CAROL GOLD, CMC CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO COUNCILWOMAN FURTADO g /john: I0102.or Ordinance 27, 2001 Petition LU -01 -02 APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY AYE NAY ABSENT 3 EXIHIBIT "A" Parcel 12.04 Ordinance 27, 2001 Petition LU -01-02 A parcel of land situate in Section 18, Township 42 South, Range 43 East; within the City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly described as follows: That part of the Southeast Quarter (SE 1/4) of said Section 18, lying Westerly of the West right -of -way line of the C -17 Canal, lying Southerly of the South line of that certain parcel of land described in Official Records Book 6377, at page 310; lying Easterly of the East right -of -way line of MacArthur Boulevard, formerly Gardens Boulevard, as described in Official Records Book 1332, page 6 and Official Records Book 4418, page 788, and lying Northerly of the North right -of -way line of Northlake Boulevard. 4 July 25, 2001 ORDINANCE 26, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BY CHANGING THE LAND USE DESIGNATION ON APPROXIMATELY 7.43 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND MACARTHUR BOULEVARD, FROM MIXED -USE TO COMMERCIAL; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (LU- 01 -01) from Catalfumo Construction & Development, Inc. to amend the land use designation for approximately 7.43 acres of land located at the northwest corner of Northlake Boulevard and MacArthur Boulevard, as more particularly described in Exhibit "A" attached hereto, from Mixed -Use to Commercial; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, on June 12, 2001, the Local Planning Agency for the City recommended approval of the future land use map amendment to the Comprehensive Plan of the City; and WHEREAS, the City Council has found that the future land use map amendment is consistent with Section 163.3187(1)(c), Florida Statutes, pertaining to small -scale comprehensive plan amendments; and WHEREAS, the City Council acknowledges that this future land use map amendment is subject to the provisions of Section 163.3187(3)(c), Florida Statutes, and that the City shall maintain compliance with all provisions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Future Land Use Map of the Comprehensive Plan of the City is hereby amended to change the future land use designation for approximately 7.43 acres of land located at the northwest corner of Northlake Boulevard and MacArthur Boulevard, more particularly described in Exhibit "A," from Mixed -Use to Commercial. Ordinance 26, 2001 Petition LU -01 -01 SECTION 2. The City's Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are forwarded to the Florida Department of Community Affairs and other agencies, in accordance with Section 163.3187(2), Florida Statutes. SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. This ordinance shall become effective in accordance with Section 163.3187(3)(c), Florida Statutes. PLACED ON FIRST READING THIS THE 16th DAY OF AUGUST 2001. PLACED ON SECOND READING THIS THE DAY OF 2001. PASSED AND ADOPTED THIS THE DAY OF 2001. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO FA ATTEST BY: Ordinance 26, 2001 Petition LU -01-01 APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD, CMC CITY ATTORNEY CITY CLERK VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO COUNCILWOMAN FURTADO g /john. IU0101.or 3 EXHIBIT "A" Parcel 12.05 Ordinance 26, 2001 Petition LU -01 -01 A parcel of land situate in Section 18, Township 42 South, Range 43 East; within the City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly described as follows: That part of the Southeast Quarter (SE 1/4) of said Section 18, lying Westerly of the West right -of -way line of MacArthur Boulevard, formerly Gardens Boulevard as described in Official Records Book 1332, page 6 and Official Records Book 6738, page 43; lying Southerly of the South line of that certain parcel of land described in Official Record Book 6356, at page 1768; and lying Northerly of the North right -of -way line of Northlake Boulevard. 4 �' ! 4` wr µat 0 ?/ (!, ,. • , d �,r��� ;, ! )l, ! am, ,ti A•�f • .1� _ _��ya!�M"-�M I ,'r,.:rh,.dw,�Ry.!"�'-'r°'" • c lit op ;i .. a ..s� ?,,�i:r,'. ^�� � � `�,e• I. � a�.�r��4tit!L �.. ate `!� c.,: r' i, t!p gyp. '� .}:, - r ._ • • '�. dC II r • ' . ` F (�9ir - - ' c As U. 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Ail r �xi� 1 I 1 • , P; a .rl'� y t t 1'* (� ...t .e.�`i� _ ,.. r � i r j}Y,l� 1. �1� 1 y , � �'.�� { �`�`It- y '.1.,. '� {t • ,+'F•:., tr 1 X31 ' .xa ' c �Y. T {: 'ty' i C •+•:. •' I}� . .r" 1�'. tad i� i• - :- �+YYwVV_K7"'�E• a4 r`z' ,. L JO}' - •� ' tr'•'ti`$ wi ly �fs!Zt ��E�'Yirf.!.►l.'}'4? ��` •`l.' y ! ' rim., � i�:'% rtl�fr j�'r 1� t�1 t�. � � • � t � °� (y Y tN. ,t ♦ ty���k {4y 4 `A'�,�.da �1 tit ti't 6� I�A'w:.� ' a�� r � \��,.`'`�,,� .. PARCEL 12.05 FLUA APPLICATION SUBMITTAL The following are our responses to the items on the application checklist. Please note that our responses to each item of the checklist are bolded. APPLICATION FEES: 1. Base Sum of $1,500 for Small Scale Future Land Use Amendment. 2. Engineering escrow deposit of $1,500. Total Fees (attached) $3,000.00 MAPS 1. An 81/2" x 11" map of the subject area drawn to scale in miles, shading in the subject property. An 11" x 17" map is attached (See Attachment "A "). 2. An 81/2" x 11" map of the area, indicating the boundary of the subject property, its location in relation to the thoroughfare network, and the proposed Future Land Use Map designation. An 11" x 17" map is attached (See Attachment "A "). 3. An 81/2" x 11" section of the City's Future Land Use Map, indicating the subject property, its current land use designation and the land use designation of abutting properties. An 11" x 17" map is attached (See Attachment "B "). 4. Indicate the comprehensive plan maps, other than the Future Land Use Map, which will need to be modified to include the proposed amendment. No comprehensive plan maps, other than the Future Land Use Map, will need to be modified to include the proposed amendment. 5. If the subject property was recently annexed, or for other reasons has not been included in the Palm Beach Gardens Comprehensive Plan data and analysis, the following information must also be supplied to update all applicable maps. a. soil /mineral maps b. wellfield zones /zones of influence c. historic resources d. flood prone areas T:\Ryan\MYDOCS\P1205 \1205FLUA .submittal- rev6- l3 -0Ldoc Page 1 e. drainage basins and features f. major topographical features g. ecological communities /wetlands The subject property has not been recently annexed and has been included in the Palm Beach Gardens Comprehensive Plan data and analysis. REPORTS 1. Size of the site in acres or fraction thereof. Parcel 12.05 is comprised of approximately 7.43 acres (See attached survey, Attachment "C"). 2. Description of existing land uses (not designation) of subject property and surrounding properties. Existing use of subject property: • Vacant Existing use of surrounding properties: • North: Sun Terrace Residential Development • East: Across MacArthur Boulevard, there is a vacant parcel (Parcel 12.04) • South: Across Northlake Boulevard, there is existing commercial retail development (Sports Authority) • West: Existing Commercial Development 3. A narrative which summarizes: a. The maximum allowable development under the existing designation for the site: The existing Future Land Use Plan designation for the 7.43 -acre site is Mixed Use (MXD). The site currently has a non - residential MXD waiver (Resolution 71, 1999) and, under the MXD designation, must have at least two (2) uses. For retail uses, the maximum allowable amount of development is calculated by multiplying the site acreage by 60% to determine the use coverage and then multiplying the use coverage by 50% to determine the maximum building coverage. The maximum amount of retail development that would be permitted on the site, assuming the City LDR's maximum 4 -story height, is 388,380 square feet. T:\ Ryan\ MYDOCS\ P1205\ 1205FLUA.submittal- rev6- 13 -0Ldoc Page 2 (7.43 acres x 43,560 sf x .60 x .50 x 4 = 388,380.96 sf) For office uses, the maximum allowable amount of development is calculated by multiplying the site acreage by 60% to determine the use coverage and then multiplying the use coverage by 70% to determine the maximum building coverage. The maximum amount of office development that would be permitted on the site, assuming the City LDR's maximum 4 -story height, is 543,733 square feet. (7.43 acres x 43,560 sf x .60 x .70 x 4 = 543,733.32 sf) For industrial uses, the maximum allowable development is limited by the amount of remaining site acreage after commercial retail, professional office and 15% open space is calculated. Combined; commercial retail, professional office and open space totals 87 %, leaving 13% of the lot area to be dedicated to industrial use. The maximum amount of industrial development that would be permitted on the site, assuming the City Comprehensive Plan maximum 4 -story height, is 168,298 square feet. (7.43 acres x 43,560 sf x .35 x 4 = 168,298.41 sf) The total maximum amount of development that would be permitted on the site is 1,100,411 square feet. b. The maximum allowable development under the proposed designation for the site: The proposed Future Land Use designation for the 7.43 -acre site is Commercial (C). Under the proposed designation, the maximum amount of retail building coverage permitted on the site is calculated by multiplying the site acreage by 35 %. The maximum amount of retail development that would be permitted, assuming the City LDR's 4 -story maximum height, is 226,555 square feet. (7.43 acres x 43,560 sf x .35 x 2 = 226,555.56) c. A description of the proposed use and information on its compatibility with the surrounding area. The applicant intends to develop the subject property as a small retail center. The proposed retail use is consistent with the commercial retail character of the Northlake Boulevard corridor. The Northlake corridor has evolved into a thriving retail area where residents of Palm Beach Gardens and adjacent municipalities are able to obtain a wide variety of goods and services. The proposed use is compatible T:\Ryan\MYDOCS\P1205 \1205FLUA .submittal- rev6- 13 -0Ldoe Page 3 with the surrounding high - density retail uses and, as can be seen in the market study prepared by Land Research Management (Attachment "J "), is supported by a high market demand in the area. The subject 7.43 acres is bounded on the south, across Northlake Boulevard by property with a Commercial (C) Future Land Use designation. The property to the south is located within the municipal boundaries of the City of Palm Beach Gardens and is occupied by a Sports Authority sporting equipment store. The subject property is bounded on the east, across MacArthur Boulevard, by a vacant 5.21 - acre tract with a Non - Residential Mixed Use (MXD) Future Land Use designation. (This 5.21 -acre tract is also in the process of being considered for a Future Land Use Amendment from Mixed Use to Commercial). The subject site is bounded to the north by the Sun Terrace residential development. The site is bounded by non- residential property on three sides, which are clearly commercial in character. The proposed Commercial (C) designation will bring the subject property into consistency with the uses and Future Land Use designations of the adjacent properties. 4. A statement of justification or reason for the proposed land use amendment, which is based on the physical characteristics of the site, the impact on public facilities and services, and the policies of the City. Physical and Site Characteristics This site has an MXD Future Land Use designation and is zoned Planned Development Area (PDA) district. The Future Land Use Element of the City's Comprehensive Plan states that "land development regulations adopted to implement this Comprehensive Plan shall maintain mixed -use supplemental regulations to provide further criteria for the development of sites with MXD Future Land Use designations, including parking requirements, permitted uses, setbacks and other considerations" (FLU Element, Page 1 -4). However, the subject property barely meets the absolute minimum MXD lot size requirement of 5 acres and is not large enough to support a mix of uses under the MXD requirements of the City's LDR's. Through a cursory review of the MXD requirements, it is apparent that the MXD requirements are intended for projects on larger sites than the subject property. The LDR's (in Article IV, Section 91(h)) require that the site be designed with such items as the following: • An overall Thoroughfare Plan indicating applicable primary, secondary, tertiary and main street roadways throughout the proposed project... special emphasis should be placed on a roadway system that establishes a grid or related pattern that allows for pedestrian linkages and visual enhancements. T:\Ryan\MYDOCS\P1205 \1205FLUA .submittal- rev6 -13- Ol.doc Page 4 • A Thoroughfare Enhancement Plan indicating the nature of the various roadways, and how the roadways will be enhanced through creation of the following: a. vistas for pedestrians and drivers; b. focal points such as lakes, parks, open spaces, and vegetation preserves; C. art in public places; d. median and parkway landscaping; and e. use of public buildings or facilities. • A Pedestrian Linkage plan including the following: a. a conceptual linkage plan and parkway system; b. an overall plan of connecting internal pedestrian pathways and linkages with those pedestrian resources that exist or are planned for the periphery of the project; and C. the creation of "gathering places" such as active or passive parks, public squares, or public performance venues. • An Overall Design Theme with illustrations and details of project -wide shared elements, including: a. common hardscape theme (bricks, pavers, crosswalks, curbing, etc.); b. overall area or street landscape themes; C. street furniture and lighting standards; d. minimum sidewalk width of eight feet; e. pedestrian thoroughfares on private property or easements connecting major properties or projects; f. connections between buildings, g. inclusion of plazas, fountains, landscaped areas, etc.; h. clearly defined connections to entry ways and parking areas; L strong use of canopy or shade materials; and I creation of 5 -10 feet wide parkway areas between streets and sidewalks These standards and requirements are arguably applicable to projects of greater magnitude than that which is proposed for the subject property. The application of most of these standards to the subject property would be impossible, considering its small size. In addition to the constraints placed on this small site by the MXD design guidelines, the property is subject to the Historical Overlay of the MacArthur Banyan tree. The City requires that this historical banyan, T:\Ryan\MYDOCS\P1205 \1205FLUA .submittal- rev6- 13 -0Ldoc Page 5 which is situated in the median of the MacArthur Boulevard right of way, be buffered extensively, including increased setbacks along part of the MacArthur Boulevard frontage. This has the effect of further reducing the usable site area, realistically creating a site that would be even closer in size to the 5 -acre minimum. Furthermore, under the MXD requirements of the Comprehensive Plan, the site is required to have a minimum of two (2) uses (FLU Element, Page 1 -4). This, combined with the MXD and historical overlay design requirements outlined above, would render development of the site infeasible. The most intensive uses that would be permitted on the site are commercial retail and office. However, neither of these uses would be sufficiently large enough, combined with the onerous MXD and historical overlay design requirements, to make the development of the 7.43 -acre site viable. Impacts on Public Facilities Due to the fact that the maximum amount of development that would be allowed under the proposed Future Land Use designation is less than what would currently be permitted, the overall impacts on public facilities and services will be less than what was anticipated under the City's Comprehensive Plan. 5. A description of the availability of and demand on public facilities, indicating the proposal's impact on established level of service standards: traffic circulation, sanitary sewer, potable water, solid waste, drainage, recreation and open space. (NOTE: The most dense or intensive use allowed under the land use category should be analyzed for its impact on facilities and services.) The availability of and demand on public facilities has been analyzed based on the "maximum allowable development" as referenced in question number 3.b) above. Traffic Circulation: Traffic circulation has been analyzed by Yvonne Ziel Traffic Consultants. A copy of this analysis is attached (See Attachment "D "). Sanitary Sewer: Sanitary sewer services are available by the Seacoast Utility Authority. A copy of a letter indicating Seacoast's ability to service the subject site is attached (See Attachment "E "). The City's Comprehensive Plan provides for the following standards: Sanitary Sewer — LOS (107 gallons per day per capita) T:\Ryan\MYDOCS\P1205 \1205FLUA .submittal- rev6- l3 -0Ldoc Page 6 2000 = 4.03 (City peak daily flow — mgd) 8.16 (Utility average daily flow — mgd) 2005 = 5.5 (City peak daily flow — mgd) 9.98 (Utility average daily flow — mgd) Existing Land Use Designation — Mixed Use (MXD) 110,041 gallons per day for 388,380 square feet of retail commercial use, 543,733 square feet of office use and 168,298 square feet of industrial use, based on SUA estimate of gallons of sewer discharge per day per square foot. (1,100,411 sf x.10) Proposed Land Use Designation — General Commercial (CGl) 22,655.50 gallons per day for 226,555 square feet of retail commercial use, based on SUA estimate of gallons of sewer discharge per day per square foot. (226,555 sf x.10) Potable Water: Potable water service will be provided by Seacoast Utility Authority. A copy of a letter indicating Seacoast's ability to service the subject site is attached (See Attachment "E "). The City's Comprehensive Plan provides for the following standards: Potable Water — LOS (191 gallons per day per capita) 2000 = 7.71 (MGD) 2005 = 9.73 (MGD) Existing Land Use Designation — Mixed Use (MAD) 110,041 gallons per day for 388,380 square feet of retail commercial use, 543,733 square feet of office use and 168,298 square feet of industrial use, based on SUA estimate of gallons of potable water used per day per square foot. (1,100,411 sf x.10) Proposed Land Use Designation — General Commercial (CGI) 22,655.50 gallons per day for 226,555 square feet of retail commercial use, based on SUA estimate of gallons of potable water used per day per square foot. (226,555 sf x.10) Drainage: Drainage has been analyzed by Schaefer Fagan Consulting Engineers, Inc. A copy of the drainage statement is attached (See Attachment "F ") The City's Comprehensive Plan provides for the following standards: Drainage LOS — Comprehensive Plan Existing Development —1- day /100 -year storm T:\ Ryan\ MYDOCS\ P1205\ 1205FLUA.submittal- rev6- 13 -01.dor- Page 7 New Development greater than 10 acres — 3- day /25 -year storm New Development less than 10 acres —1- day /25 -year storm Parking areas will be protected from flooding from a 3 year — 1 day storm event and finished floors will be protected from a 100 year — 3 day, zero discharge storm event. Solid Waste: Solid waste collection will be provided by the Solid Waste Authority. A copy of a letter indicating their ability to service the subject site is attached (See Attachment "G "). The City's Comprehensive Plan provides for the following standards: Solid Waste — LOS NOTE: Comprehensive Plan assumes 7.13 lbs. per day per capita. 2000 — garbage 52,520 tons per year 2005 — garbage 66,290 tons per year Existing Land Use Designation — Mixed Use (MXD) 16,581 pounds per day for 388,380 square feet of retail commercial use, 543,733 square feet of office use and 168,298 square feet of industrial use, based on SWA estimate of 5.5 lbs. per square foot per year. (1,100,411 sf /365 days x 5.5 pounds) Proposed Land Use Designation — General Commercial (CGl) 3,413.84 pounds per day for 453,111 square feet of retail commercial use, based on SWA estimate of 5.5 lbs. per square foot per year. (226,555 sf /365 days x 5.5 pounds) Recreation and Open Space: The City's Comprehensive Plan provides for the following standards: Recreation of Open Space LOS — 3.5 acres per 1000 residents Comprehensive Plan Projected — 2000 2000 — 149.4 acres required/166.9 acres available The site is a Non - residential MXD and is not required to have a residential component. The proposed FLU designation would not permit residential uses and thus, the proposed amendment will not increase the number of residents within the City. Therefore, there is no impact to Recreation and Open Space. 6. Analysis of the character of any vacant lands in order to determine suitability of use, including: T:\Ryan\MYDOCS\P1205 \1205FLUA .submittal- rev6- 13 -0Ldoc Page 8 Soils: Soil information is identified in the Environmental Assessment statement prepared by Environmental Services, Inc. and is noted on the attached Topographic /Soils Map (See Appendices "H" and "I"). Topography, including flood prone areas: A Topographic /Soils Map is attached (See Attachment "H"). Natural Resources: An Environmental Assessment indicating the existing character of the land has been prepared by Environmental Services, Inc. and is attached (See Attachment "I "). Historic Resources: There are no known historic resources on the subject property. 7. Analysis of the relationship of the amendment to the population projections: • Population projections (indicated year) • Relationship of amendment to analysis (including in the Rule 9J- 5.006(2)(C)) of the amount of land needed to accommodate projected population. • Revised population projections (if applicable). The relationship of the amendment to the population projections has been analyzed by Land Research Management (See Attachment "J ", Market Analysis). The market analysis indicates that the population projections substantiate a demand for additional commercial retail in the area. 8. Whether the development (if it provides housing) is proposed to meet the housing needs of the anticipated population. Not applicable. This development will not provide housing. 9. Hurricane evacuation re- analysis based on the proposed amendment, considering the number of persons requiring evacuation, availability of hurricane shelter spaces, and evacuation routes and times. Not applicable. This development will not provide housing and therefore, will not have any residents requiring evacuation. T: \Ryan\MYDOCS\P1205 \1205FLUA .submittal- rev6- l3 -0Ldoc Page 9 10 Whether the proposed amendment affects beach accessibility. The proposed amendment will not affect beach accessibility. 11. Whether the site contains habitat for species listed by federal, state or local agencies as endangered, threatened or species or special concern. (Identify the species and show habitat location on a map). The Environmental Assessment prepared by Environmental Services, Inc. (Attachment "I ") notes that there are no species on the site that are listed by federal, state or local agencies as endangered, threatened or species of special concern. 12. Whether the proposed amendment affects adjacent local governments. The proposed amendment is located within the City of Palm Beach Gardens and will not affect adjacent local governments. 13. Whether the amendment is based on the annual monitoring review of the Capital Improvement Element. The proposed amendment is based on the annual monitoring and review of the Capital Improvement Element. 14. Capital improvements re- analysis, if the amendment relates to the schedule of Capital improvements, including: • Public facility needs, as identified in the other plan elements, and relative priority of needs. • Ability to finance the proposed capital improvements, including forecasting of revenues and expenditures, and projections of debt service obligations, tax bases, assessment ratio, millage rate, other revenue sources, operating cost considerations and debt capacity. The proposed amendment does not relate to the schedule of capital improvements. 15. If the proposal is for commercial, industrial or mixed -use land use, a market study demonstrating the economic feasibility of the development and the locational advantage over existing non - residential lands is required consistent with Policy 1.1.6.2. (NOTE: See Policy 1.1.6.4 also). A market study has been prepared by Land Research Management (See Attachment "J "). T:\Ryan\MYDOCS\P1205 \1205FLUA .submittal- rev6- 13 -0Ldoc Page 10 16. Information regarding the compatibility of the proposed land use amendment with the future land use element goals, objectives and policies, and those of other affected elements. (NOTE: This should include a list of all goals, objectives and policies which are consistent with and furthered by this proposed amendment.) All of the goals, objectives and policies, which are consistent with and furthered by the proposed amendment are listed below. Goals, objectives or policies are not listed if they do not apply to the plan amendment. FUTURE LAND USE ELEMENT: Goal 1.1, Objective 1.1.1, Policies 1.1.1.1 through 1.1.1.8 require maintenance, where necessary, of the City's land development regulations in order to implement the Comprehensive Plan. The site will be designed in compliance with the City's adopted land development regulations Goal 1.1, Objective 1.1.3, Policies 1.1.3.1 through 1.1.3.2 require development and redevelopment permits to be issued only in area where suitable topography and soil conditions exist to support such development. Documentation will be provided through the regulatory planning process, which demonstrates that the soil and the topography are capable of supporting the proposed project. Goal 1.1, Objective 1.1.4, Policies 1.1.4.1 through 1.1.4.5 require adequate public facilities are available to service the proposed development. The impact of the proposed development on public facilities is less than under the existing FLU designation. Therefore, the development will be in compliance with the adopted level of service standards for public facilities in the area. No changes to the Capital Improvements Element are required in order to service this development. Goal 1.1, Objective 1.1.5, Policy 1.1.5.5 requires future growth to be directed to areas depicted on the Future Land Use map, consistent with: sound planning principals; natural limitations; the Comprehensive Plan; and desired community character. The proposed Future Land Use designation is appropriate for the site in relation to the existing commercial character of the adjacent properties and of the Northlake Boulevard corridor at large. T:\ Ryan\ MYDOCS\ P1205\ 1205FLUA.submittal- rev6- 13 -Ol.dce Page 11 TRAFFIC CIRCULATION ELEMENT: Goal 2.1, Objective 2.1.1, Policy 2.1.1.3 requires the City to review all proposed developments for consistency with the Goals, Objectives and Policies of this Plan, including consistency with the traffic circulation plans and the level of service standards. The impact of traffic generated by a proposed project on the roadway network within and servicing the City shall be measured based on project build out by phases and on the radius of development influence shown on Table 2F. Please refer to the attached traffic statement prepared by Yvonne Ziel Traffic Consultants, which analyzes the effect that traffic from this project will have on the road network. (See Attachment "D ") INFRASTRUCTURE ELEMENT: Goal 4.A.1, Objective 4.A.1.1, Policies 4.A.1.1 through 4.A.1.1.5 requires all submittals for development to obtain a statement of available capacity from Seacoast Utility Authority prior to site plan approval. The issuance of building permits will require an executed developer agreement with Seacoast Utility Authority and a certificate of occupancy will not be issued prior to acceptance by Seacoast Utility Authority of the sanitary sewer facilities which service the buildings. A statement of available capacity has been obtained from Seacoast Utility Authority and is attached hereto. This project will enter into a developer agreement with Seacoast and will obtain all necessary Seacoast approvals relating to sanitary sewer services (See Attachment "E ") Goal 4.D.11 Objective 4.D.1.1, Policy 4.D.1.1.6 states "The City shall not approve development permits, which approved, would cause potable water facilities servicing the City to operate at levels below the levels of service standards established in Policies 4.D.1.1.1 through 4.D.1.1.5." Approval of the FLUA for this project and subsequent approvals will not cause a reduction in the specified levels of service standards. Please refer to the attached letter provided by Seacoast Utility Authority relating to potable water. (See Attachment "E') Goal 4.D.1, Objective 4.D.1.5, Policies 4.D.1.5.1 through 4.D.1.5.3 require all submittals for development to obtain a statement of available capacity from Seacoast Utility Authority prior to site plan approval, an executed agreement for service prior to issuance of a building permit, and written acceptance of water facilities prior to issuance of a certificate of occupancy. T:\Ryan\MYDOCS\P1205 \1205FLUA .submittal- rev6- 13 -0 Ldoc Page 12 The applicant acknowledges these regulatory sign -offs are required during the review process and will comply during the review process as appropriate. Goal 4.D.2, Objective 4.D.2.1, Policies 4.D.2.1.1 and 4.D.2.1.2 require conserving plumbing fixtures in new construction and discourage the use of potable water for irrigation in new developments. The petitioner will demonstrate compliance with these requirements during the land development approval process. Goal 5.1, Objective 5.1.6, Policies 5.1.63 require that the City review, and revise, where necessary, land development regulations in order to ensure that building and development activities are carried out in a way to protect life and property from hurricanes and floods. The site will be designed and maintained in compliance with the City's adopted land development regulations Goal 5.1, Objective 5.1.7, Policies 5.1.7.1 and 5.1.7.2 require that the City coordinates and cooperates with the County in order to maintain the hurricane evacuation time as established in the Palm Beach County Peacetime Emergency Plan. The proposed development will be consistent with these goals, objectives and policies. CONSERVATION ELEMENT: Goal 6.1, Objective 6.2.5, Policies 6.1.5.1, 6.1.5.2, 6.2.5.4 and 6.1.5.5 specify the maintenance of the City's land development regulations to ensure that all ecological communities, wildlife and marine life especially endangered and rare species, are identified, managed and protected. An inspection of the property was performed to determine if endangered, rare of threatened species of concern were present on the site. Please see the attached statement prepared by Environmental Services, Inc. (Attachment "F9 for further information. Based on the existing site conditions, development orders consistent with the City's policies for conservation and protection of wildlife, marine life and natural systems can ultimately be issued for the project. Goal 6.1, Objective 6.1.7 requires that the City maintain any land development regulations and development policies in order to provide conservation measures on newly annexed lands to comply with the goals, objectives and policies of the Comprehensive Plan. T: \Ryan\MYDOCS\P1205 \1205FLUA .submittal- rev6- 13 -0Ldoc Page 13 The proposed development will be reviewed in accordance with the City's land development regulation& Goal 6.1, Objective 6.1.9, Policies 6.1.9.1 through 6.1.9.4 require the City, in conjunction with other regulatory agencies having jurisdiction, shall ensure the protection and preservation of native habitats and maximize the provision of open space for this purpose. The City, through its site plan and subdivision review process shall endeavor to connect open space and conservation /preservation areas with pedestrian /nature trailways wherever possible. Preservation and open space will be incorporated into the project's design in order to achieve the City's minimum open space requirements as specified in the land development regulations INTERGOVERNMENTAL COORDINATION ELEMENT: Goal 8.1, Objective 8.1.1, Policy 8.1.1.2 requires that the City notify Palm Beach County in writing (prior to the application being considered by the City's Planning and Zoning Commission) of all development applications requiring review by the Development Review Committee (DRC) for land which is contiguous with the County. The proposed development is contiguous to land located within unincorporated Palm Beach County. This project will, at some future date, require review by the Development Review Committee during the site plan approval process At that time, the City will be required to notify Palm Beach County in writing of the development application. CAPITAL IMPROVEMENTS ELEMENT: Goal 9.11 Objective 9.1.1, Policies 9.1.1.1 through 9.1.1.4 require the City to use its Capital Improvements Element to ensure construction of capital facilities in a timely manner in order to meet the public safety needs of the residents, maximize the use of existing facilities and promote orderly, compact development. The proposed development is located within the Urban Services Boundary and represents infill development within an already highly developed area. The site will draw upon public facilities and services, which are presently available in the area. Goal 9.1, Objective 9.1.2, Policies 9.1.2.1 through 9.1.2.3 specify future development shall bear a proportionate cost of facility improvements necessitated by the development in order to maintain adopted LOS standards. T:\ Ryan\ MYDUCS\ P1205\1 205FLUA.submittal- rev6- 13- 01.doc Page 14 Impact fees for this project will be collected by the City at the time of building permit issuance. These impact fees will assist the City in maintaining the adopted LOS standards Goal 9.1, Objective 9.1.4, Policies 9.1.4.1 through 9.1.4.7 define the City's level of service (LOS) standards and how those standards will be applied. This project shall comply with the City's adequate public facilities ordinance to ensure that at the time a development order or permit is issued, sufficient facility capacity is available or will be available concurrent with the impacts of the development. The proposed plan amendment will not exacerbate any existing condition of public facility capacity deficits, or generate public facility demands that may be accommodated by as planned in the S Year Schedule of Improvements The request is consistent with existing land uses surrounding the site. Additionally, this site has an existing traffic concurrency approval and the applicant is, through a separate petition, requesting the approval of a traffic equivalency to convert to the uses covered by this application. PUBLIC SAFETY ELEMENT: Goal 10.1, Objective 10,1, Policy 10.1.11 states that the City shall continue to provide adequate facilities to ensure the provision of an effective public safety program, that the City shall develop alternative funding methods, to ensure that new development pay its proportionate share of the cost of providing public safety facilities, equipment, etc., and that the City prefers the use of police and fire impact fees as a method to more equitably distribute the cost for public safety services. The proposed development will pay its proportionate share of the cost of providing public safety services through the payment of police and fire impact fees that will be collected by the City at the time of building permit issuance. 17. A description of the effect of the Comprehensive Plan elements, indicating specific changes or modifications that will be needed for internal consistency. The map change requested will not require any text changes to the Comprehensive Plan elements. 18. Copies of prior development approvals, including development order conditions. There are no prior development approvals, which exist for the subject property. T: \Ryan\MYDOCS\P1205 \1205FLUA .submittal- rev6- 13 -0Ldoc Page 15 19. Relationship of the proposal to the Evaluation and Appraisal Report, if applicable. There is no relationship between the proposed development and the EAR. 20. A listing entitled "Consistency of the Local Comprehensive Plan with the State Comprehensive Plan" prepared pursuant to Rule 9J- 5.021(4), F.A.C. Not applicable. MISCELLANEOUS Two copies of a certified legal survey made by a surveyor registered in the State of Florida and drawn to scale appropriate to the size of the subject property, including an accurate legal description and computation of the total area of the subject property, computed in square footage and to the nearest one -tenth (1 /10th) of an acre. Two copies of a certified legal survey prepared by Lidberg Land Surveying, Inc. are attached. (See Attachment "C ") 2. If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has delegated authority to represent the corporation or other business entity and that he /she is in fact an officer of the corporation or other business entity. This application has been prepared by a corporation, which is the fee simple title holder of the property. Attached is a notarized statement of ownership form and the latest warranty deed for the property. (See Attachment "K") 3. Certified list of all property owners, mailing address and legal description of all property within 300 feet of the subject parcel, as recorded in the latest official tax roll in the County Courthouse, accompanied by a Notarized Affidavit that to the best of the applicant's knowledge, said list is complete and accurate. If the applicant is required to notify property owners, the applicant will be responsible for notification and must coordinate with the City Clerk's office. A certified list of all property owners within 500 feet of the subject parcel, and a notarized affidavit are attached. (See Attachment "L ") 4. Stake or flag the parcel requested for a land use plan amendment revealing its exact location and boundaries. This is required to be installed at the time of application submittal. The subject site will be staked prior to the public hearing. T:\ RyanW YDOCS\ P1205 \1205FLUA.submittal- rev6- l3 -0 Ldoc Page 16 5. A Title Certification or an updated Title Policy by an attorney, current within thirty (30) days of the application submittal date. Attached please find a copy of an updated Title Certification. (See Attachment "M ") 6. Place a 3' x 3' sign on the property, readily visible to vehicular and pedestrian traffic, stating "THIS SITE IS BEING CONSIDERED FOR LAND USE PLAN AMENDMENT — CITY OF PALM BEACH GARDENS ". This sign is to be removed from the site within 10 days after final action of the City Council. In accordance with this requirement, a sign displaying the language referenced above will be placed on the site prior to a public hearing and consideration by the City's Planning and Zoning Commission at the direction of the City's Growth Management Department. T:\Ryan\MYDOCS\P1205 \1205FLUA .submittal- rev6- 13 -0Ldoc Page 17 PARCEL 12.04 FLUA APPLICATION SUBMITTAL The following are our responses to the items on the application checklist. Please note that our responses to each item of the checklist are bolded. APPLICATION FEES: 1. Base Sum of $1,500 for Small Scale Future Land Use Amendment. 2. Engineering escrow deposit of $1,500. Total Fees (attached) $3,000.00 MAPS 1. An 81/2" x 11" map of the subject area drawn to scale in miles, shading in the subject property. An 11" x 17" map is attached (See Attachment "A "). 2. An 81/2" x 11" map of the area, indicating the boundary of the subject property, its location in relation to the thoroughfare network, and the proposed Future Land Use Map designation. An 11" x 17" map is attached (See Attachment "A "). 3. An 81/2" x 11" section of the City's Future Land Use Map, indicating the subject property, its current land use designation and the land use designation of abutting properties. An 11" x 17" map is attached (See Attachment "B"). 4. Indicate the comprehensive plan maps, other than the Future Land Use Map, which will need to be modified to include the proposed amendment. No comprehensive plan maps, other than the Future Land Use Map, will need to be modified to include the proposed amendment. 5. If the subject property was recently annexed, or for other reasons has not been included in the Palm Beach Gardens Comprehensive Plan data and analysis, the following information must also be supplied to update all applicable maps. a. soil /mineral maps b. wellfield zones /zones of influence c. historic resources d. flood prone areas T:\Ryan\MYDOCS\P1 204 \1204FLUA .submittal- rev6- 13 -0Ldoc Page 1 e. drainage basins and features f. major topographical features g. ecological communities /wetlands The subject property has not been recently annexed and has been included in the Palm Beach Gardens Comprehensive Plan data and analysis. REPORTS 1. Size of the site in acres or fraction thereof. Parcel 12.04 is comprised of approximately 5.21 acres (See attached survey, Attachment "C "). 2. Description of existing land uses (not designation) of subject property and surrounding properties. Existing use of subject property: • Vacant Existing use of surrounding properties: • North: Baseball park (Lake Catherine Sports Complex) • East: Across the C -17 Canal, there is existing commercial retail development (Pep Boys auto parts store and Applebee's restaurant) • South: Across Northlake Boulevard, there is existing commercial retail development (Costco price club) • West: Across MacArthur Boulevard, there is a vacant parcel (Parcel 12.05) 3. A narrative which summarizes: a. The maximum allowable development under the existing designation for the site: The existing Future Land Use Plan designation for the 5.21 -acre site is Mixed Use (MXD). The site currently has a non - residential MXD waiver (Resolution 70, 1999) and, under the MXD designation, must have at least two (2) uses. For retail uses, the maximum allowable amount of development is calculated by multiplying the site acreage by 60% to determine the use coverage and then multiplying the use coverage by 50% to determine the maximum building coverage. The maximum amount of retail development that would be permitted on the site, assuming the maximum 4 -story height per the City LDR's, is 272,337 square feet. T:\Ryan\MYDOCS\PI204\1204FLUA.submittal-rev6-13-Ol.doe Page 2 (5.21 acres x 43,560 sf x .60 x .50 x 4 = 272,337.12 sf) For office uses, the maximum allowable amount of development is calculated by multiplying the site acreage by 60% to determine the use coverage and then multiplying the use coverage by 70% to determine the maximum building coverage. The maximum amount of office development that would be permitted on the site, assuming the maximum 4 -story height per the City LDR's, is 381,271 square feet. (5.21 acres x 43,560 sf x .60 x .70 x 4 = 381,271.96 sf) For industrial uses, the maximum allowable development is limited by the amount of remaining site acreage after commercial retail, professional office and 15% open space is calculated. Combined, commercial retail, professional office and open space totals 87 %, leaving 13% of the lot area to be dedicated to industrial use. The maximum amount of industrial development that would be permitted on the site, assuming the City Comprehensive Plan maximum 4 -story height, is 118,012 square feet. (5.21 acres x 43,560 sf x .13 x 4 = 118,012.75 sf) The total maximum amount of development that would be permitted on the site is 771,620 square feet. b. The maximum allowable development under the proposed designation for the site: The proposed Future Land Use designation for the 5.21 -acre site is Commercial (C). Under the proposed designation, the maximum amount of retail building coverage permitted on the site is calculated by multiplying the site acreage by 35 %. The maximum amount of retail development that would be permitted, assuming the City LDR's maximum 2 -story height, is 158,863 square feet. (5.21 acres x 43,560 sf x .35 x 2 = 158,863.32 sf) c. A description of the proposed use and information on its compatibility with the surrounding area. The applicant intends to develop the subject property as a small retail center. The proposed retail use is consistent with the commercial retail character of the Northlake Boulevard corridor. The Northlake corridor has evolved into a thriving retail area where residents of Palm Beach Gardens and adjacent municipalities are able to obtain a T: \Ryan\MYDOCS\P1204 \1204FLUA .submittal- rev6- l3 -0Ldoc Page 3 wide variety of goods and services. As can be seen in the market study prepared by Land Research Management (Attachment "J "), the retail use is supported by a high market demand in the area. The subject 5.21 -acre site is bounded on the south, across Northlake Boulevard by property with a Commercial (C) Future Land Use designation. The property to the south is located within the municipal boundaries of the City of Palm Beach Gardens and is occupied by a Costco price club store. The subject property is bounded on the east, across the South Florida Water Management District C -17 canal, by commercial retail development (Pep Boys) on land with a Future Land Use designation of Commercial (C). To the west, Across MacArthur Boulevard, the site is adjacent to a vacant 7.43 -acre tract with a Non - Residential Mixed Use (MXD) Future Land Use designation. (This 7.43 -acre tract is also in the process of being considered for a Future Land Use Amendment from Mixed Use to Commercial). The subject site is bounded to the north by the Lake Catherine sports complex. All of the surrounding uses and Future Land Use designations are non - residential and are clearly commercial in character. The proposed Commercial (C) designation will bring the subject property into consistency with the uses and Future Land Use designations of the adjacent properties. 4. A statement of justification or reason for the proposed land use amendment, which is based on the physical characteristics of the site, the impact on public facilities and services, and the policies of the City. Physical and Site Characteristics This site has an MXD Future Land Use designation and is zoned Planned Development Area (PDA) district. The Future Land Use Element of the City's Comprehensive Plan states that "land development regulations adopted to implement this Comprehensive Plan shall maintain mixed -use supplemental regulations to provide further criteria for the development of sites with MXD Future Land Use designations, including parking requirements, permitted uses, setbacks and other considerations" (FLU Element, Page 1 -4). However, the subject property barely meets the absolute minimum MXD lot size requirement of 5 acres and is not large enough to support a mix of uses under the MXD requirements of the City's LDR's. Through a cursory review of the MXD requirements, it is apparent that the MXD requirements are intended for projects on larger sites than the subject property. The LDR's (in Article IV, Section 91(h)) require that the site be designed with such items as the following: • An overall Thoroughfare Plan indicating applicable primary, secondary, tertiary and main street roadways throughout the proposed T:\Ryan\MYDOCS\P1204 \1204FLUA .submittal- rev6- 13 -0Ldoc Page 4 project—special emphasis should be placed on a roadway system that establishes a grid or related pattern that allows for pedestrian linkages and visual enhancements • A Thoroughfare Enhancement Plan indicating the nature of the various roadways, and how the roadways will be enhanced through creation of the following: a. vistas for pedestrians and drivers; b. focal points such as lakes, parks, open spaces, and vegetation preserves; C. art in public places; d. median and parkway landscaping; and e. use of public buildings or facilities. • A Pedestrian Linkage plan including the following: a. a conceptual linkage plan and parkway system; b. an overall plan of connecting internal pedestrian pathways and linkages with those pedestrian resources that exist or are planned for the periphery of the project; and C. the creation of "gathering places" such as active or passive parks, public squares, or public performance venues. • An Overall Design Theme with illustrations and details of project -wide shared elements, including. a. common hardscape theme (bricks, pavers, crosswalks, curbing, etc.); b. overall area or street landscape themes; C. street furniture and lighting standards; d minimum sidewalk width of eight feet; e. pedestrian thoroughfares on private property or easements connecting major properties or projects; f. connections between buildings; g. inclusion of plazas, fountains, landscaped areas, etc.; h. clearly defined connections to entry ways and parking areas; L strong use of canopy or shade materials; and I creation of 5 -10 feet wide parkway areas between streets and sidewalks. These standards and requirements are arguably applicable to projects of greater magnitude than that which is proposed for the subject property. The application of most of these standards to the subject property would be impossible, considering its small size. T:\Ryan\MYDOCS\P 1204\1 204FLUA.submittal-rev6-13-0 Ldoe Page 5 In addition to the constraints placed on this small site by the MXD design guidelines, the property is subject to the Historical Overlay of the MacArthur Banyan tree. The City requires that this historical banyan, which is situated in the median of the MacArthur Boulevard right of way, be buffered extensively, including increased setbacks along part of the MacArthur Boulevard frontage. This has the effect of further reducing the usable site area, realistically creating a site that would fall below the 5 -acre minimum. Furthermore, under the MXD requirements of the Comprehensive Plan, the site is required to have a minimum of two (2) uses (FLU Element, Page 1 -4). This, combined with the MXD and historical overlay design requirements outlined above, would render development of the site infeasible. The most intensive uses that would be permitted on the site are commercial retail and office. However, neither of these uses would be sufficiently large enough, combined with the onerous MXD and historical overlay design requirements, to make the development of the 5.21 -acre site viable. Impacts on Public Facilities Due to the fact that the maximum amount of development that would be allowed under the proposed Future Land Use designation is less than what would currently be permitted, the overall impacts on public facilities and services will be less than what was anticipated under the City's Comprehensive Plan. 5. A description of the availability of and demand on public facilities, indicating the proposal's impact on established level of service standards: traffic circulation, sanitary sewer, potable water, solid waste, drainage, recreation and open space. (NOTE: The most dense or intensive use allowed under the land use category should be analyzed for its impact on facilities and services.) The availability of and demand on public facilities has been analyzed based on the "maximum allowable development" as referenced in question number 3.b) above. Traffic Circulation: Traffic circulation has been analyzed by Yvonne Ziel Traffic Consultants. A copy of this analysis is attached (See Attachment "D "). T:\Ryan\MYDOCS\P1204 \1204FLUA .submittal- rev6- 13 -0Ldoc Page 6 Sanitary Sewer: Sanitary sewer services are available by the Seacoast Utility Authority. A copy of a letter indicating Seacoast's ability to service the subject site is attached (See Attachment "E "). The City's Comprehensive Plan provides for the following standards: Sanitary Sewer — LOS (107 gallons per day per capita) 2000 = 4.03 (City peak daily flow — mgd) 8.16 (Utility average daily flow — mgd) 2005 = 5.5 (City peak daily flow — mgd) 9.98 (Utility average daily flow — mgd) Existing Land Use Designation — Mixed Use (MXD) 77,162 gallons per day for 272,337 square feet of retail commercial use, 381,271 square feet of office use and 118,012 square feet of industrial use, based on SUA estimate of gallons of sewer discharge per day per square foot. (771,620 sf x.10 = 77,162) Proposed Land Use Designation — General Commercial (CGI) 15,886.30 gallons per day for 158,863 square feet of retail commercial use, based, on SUA estimate of gallons of sewer discharge per day per square foot. (158,863 sf x.10 = 15,886.30) Potable Water: Potable water service will be provided by Seacoast Utility Authority. A copy of a letter indicating Seacoast's ability to service the subject site is attached (See Attachment "E "). The City's Comprehensive Plan provides for the following standards: Potable Water — LOS (191 gallons per day per capita) 2000 = 7.71 (MGD) 2005 = 9.73 (MGD) Existing Land Use Designation — Mixed Use (MXD) 77,162 gallons per day for 272,337 square feet of retail commercial use, 381,271 square feet of office use and 118,012 square feet of industrial use, based on SUA estimate of gallons of water used per day per square foot. (771,620 sf x.10 = 77,162) Proposed Land Use Designation — General Commercial (CGI) 15,886.30 gallons per day for 158,863 square feet of retail commercial use, based on SUA estimate of gallons of water used per day per square foot. (158,863 sf x.10 = 15,886.30) T:\Ryan\MYDOCS\P1204 \1204FLUA .submittal- rev6- 13- Ol.doc Page 7 Drainage: Drainage has been analyzed by Schaefer Fagan Consulting Engineers, Inc. A copy of the drainage statement is attached (See Attachment "F ") The City's Comprehensive Plan provides for the following standards: Drainage LOS — Comprehensive Plan Existing Development — 1- day /100 -year storm New Development greater than 10 acres — 3- day /25 -year storm New Development less than 10 acres — 1- day /25 -year storm Parking areas will be protected from flooding from a 3 year — 1 day storm event and finished floors will be protected from a 100 year — 3 day, zero discharge storm event. Solid Waste: Solid waste collection will be provided by the Solid Waste Authority. A copy of a letter indicating their ability to service the subject site is attached (See Attachment "G "). The City's Comprehensive Plan provides for the following standards: Solid Waste — LOS NOTE: Comprehensive Plan assumes 7.13 lbs. per day per capita. 2000 — garbage 52,520 tons per year 2005 — garbage 66,290 tons per year Existing Land Use Designation — Mixed Use (MAD) 11,627 pounds per day for 272,337 square feet of retail commercial use, 381,271 square feet of office use and 118,012 square feet of industrial use, based on SWA estimate of 5.5 lbs. per square foot per year. (771,620 sf/365 days x 5.5 pounds) Proposed Land Use Designation — General Commercial (CGI) 2,393.83 pounds per day for 158,863 square feet of retail commercial use, based on SWA estimate of 5.5 lbs. per square foot per year. (158,863 sf /365 days x 5.5 pounds) Recreation and Open Space: The City's Comprehensive Plan provides for the following standards: Recreation of Open Space LOS — 3.5 acres per 1000 residents Comprehensive Plan Projected — 2000 2000 — 149.4 acres required/166.9 acres available T :\ Ryan\ MYDOCS\ P1204 \1204FLUA.submittal- rev6- 13 -0Ldoc Page 8 The site is a Non - residential MXD and is not required to have a residential component. The proposed FLU designation would not permit residential uses and thus, the proposed amendment will not increase the number of residents within the City. Therefore, there is no impact to Recreation and Open Space. 6. Analysis of the character of any vacant lands in order to determine suitability of use, including: Soils: Soil information is identified in the Environmental Assessment statement prepared by Environmental Services, Inc. and is noted on the attached Topographic /Soils Map (See Appendices "H" and "I"). Topography, including flood prone areas: A Topographic /Soils Map is attached (See Attachment "H "). Natural Resources: An Environmental Assessment indicating the existing character of the land has been prepared by Environmental Services, Inc. and is attached (See Attachment "I "). Historic Resources: There are no known historic resources on the subject property. 7. Analysis of the relationship of the amendment to the population projections: • Population projections (indicated year) • Relationship of amendment to analysis (including in the Rule 9J- 5.006(2)(C)) of the amount of land needed to accommodate projected population. • Revised population projections (if applicable). The relationship of the amendment to the population projections has been analyzed by Land Research Management (See Attachment "J ", Market Analysis). The market analysis indicates that the population projections substantiate a demand for additional commercial retail in the area. 8. Whether the development (if it provides housing) is proposed to meet the housing needs of the anticipated population. Not applicable. This development will not provide housing. T: \Ryan\MYDOCS\P 1204\ 1204FLUA .submittal- rev6 -13 -0 Ldoc Page 9 9. Hurricane evacuation re- analysis based on the proposed amendment, considering the number of persons requiring evacuation, availability of hurricane shelter spaces, and evacuation routes and times. Not applicable. This development will not provide housing and therefore, will not have any residents requiring evacuation. 10. Whether the proposed amendment affects beach accessibility. The proposed amendment will not affect beach accessibility. 11. Whether the site contains habitat for species listed by federal, state or local agencies as endangered, threatened or species or special concern. (Identify the species and show habitat location on a map). The Environmental Assessment prepared by Environmental Services, Inc. (Attachment "I ") notes that there are no species on the site that are listed by federal, state or local agencies as endangered, threatened or species of special concern. 12. Whether the proposed amendment affects adjacent local governments. The proposed amendment is located within the City of Palm Beach Gardens and will not affect adjacent local governments. 13. Whether the amendment is based on the annual monitoring review of the Capital Improvement Element. The proposed amendment is based on the annual monitoring and review of the Capital Improvement Element. 14. Capital improvements re- analysis, if the amendment relates to the schedule of Capital improvements, including: • Public facility needs, as identified in the other plan elements, and relative priority of needs. • Ability to finance the proposed capital improvements, including forecasting of revenues and expenditures, and projections of debt service obligations, tax bases, assessment ratio, millage rate, other revenue sources, operating cost considerations and debt capacity. The proposed amendment does not relate to the schedule of capital improvements. T:\Ryan\MYDOCS\P1204 \1204FLUA .submittal- rev6 -13- Ol.doc Page 10 15. If the proposal is for commercial, industrial or mixed -use land use, a market study demonstrating the economic feasibility of the development and the locational advantage over existing non - residential lands is required consistent with Policy 1.1.6.2. (NOTE: See Policy 1.1.6.4 also). A market study has been prepared by Land Research Management (See Attachment "J "). 16. Information regarding the compatibility of the proposed land use amendment with the future land use element goals, objectives and policies, and those of other affected elements. (NOTE: This should include a list of all goals, objectives and policies which are consistent with and furthered by this proposed amendment.) All of the goals, objectives and policies, which are consistent with and furthered by the proposed amendment are listed below. Goals, objectives or policies are not listed if they do not apply to the plan amendment. FUTURE LAND USE ELEMENT: Goal 1.1, Objective 1.1.1, Policies 1.1.1.1 through 1.1.1.8 require maintenance, where necessary, of the City's land development regulations in order to implement the Comprehensive Plan. The site will be designed in compliance with the City's adopted land development regulations Goal 1.1, Objective 1.1.3, Policies 1.1.3.1 through 1.1.3.2 require development and redevelopment permits to be issued only in area where suitable topography and soil conditions exist to support such development. Documentation will be provided through the regulatory planning process, which demonstrates that the soil and the topography are capable of supporting the proposed project: Goal 1.1, Objective 1.1.4, Policies 1.1.4.1 through 1.1.4.5 require adequate public facilities are available to service the proposed development. The impact of the proposed development on public facilities is less than under the existing FLU designation. Therefore, the development will be in compliance with the adopted level of service standards for public facilities in the area. No changes to the Capital Improvements Element are required in order to service this development Goal 1.1, Objective 1.1.5, Policy 1.1.5.5 requires future growth to be directed to areas depicted on the Future Land Use map, consistent with: sound T:\Ryan\MYDOCS\P1204 \1204FLUA .submittal- rev6- l3 -0Ldoc Page 1 I planning principals; natural limitations; the Comprehensive Plan; and desired community character. The proposed Future Land Use designation is appropriate for the site in relation to the existing commercial character of the adjacent properties and of the Northlake Boulevard corridor at large. TRAFFIC CIRCULATION ELEMENT: Goal 2.1, Objective 2.1.1, Policy 2.1.1.3 requires the City to review all proposed developments for consistency with the Goals, Objectives and Policies of this Plan, including consistency with the traffic circulation plans and the level of service standards. The impact of traffic generated by a proposed project on the roadway network within and servicing the City shall be measured based on project build out by phases and on the radius of development influence shown on Table 2F. Please refer to the attached traffic statement prepared by Yvonne Ziel Traffic Consultants, which analyzes the effect that traffic from this project will have on the road network. (See Attachment "D'9 INFRASTRUCTURE ELEMENT: Goal 4.A.1, Objective 4.A.1.1, Policies 4.A.1.1 through 4.A.1.1.5 requires all submittals for development to obtain a statement of available capacity from Seacoast Utility Authority prior to site plan approval. The issuance of building permits will require an executed developer agreement with Seacoast Utility Authority and a certificate of occupancy will not be issued prior to acceptance by Seacoast Utility Authority of the sanitary sewer facilities which service the buildings. A statement of available capacity has been obtained from Seacoast Utility Authority and is attached hereto. This project will enter into a developer agreement with Seacoast and will obtain all necessary Seacoast approvals relating to sanitary sewer services. (See Attachment "E ") Goal 4.D.1, Objective 4.D.1.1, Policy 4.D.1.1.6 states "The City shall not approve development permits, which approved, would cause potable water facilities servicing the City to operate at levels below the levels of service standards established in Policies 4.D.1.1.1 through 4.D.1.1.5." Approval of the FLUA for this project and subsequent approvals will not cause a reduction in the specified levels of service standards. Please refer to the attached letter provided by Seacoast Utility Authority relating to potable water. (See Attachment "E ") T:\ Ryan\ MYDOCS\ P1204 \1204FLUA.submittal- rev6- 13 -0 Ldoc Page 12 Goal 4.D.1, Objective 4.D.1.5, Policies 4.D.1.5.1 through 4.D.1.5.3 require all submittals for development to obtain a statement of available capacity from Seacoast Utility Authority prior to site plan approval, an executed agreement for service prior to issuance of a building permit, and written acceptance of water facilities prior to issuance of a certificate of occupancy. The applicant acknowledges these regulatory sign -offs are required during the review process and will comply during the review process as appropriate. Goal 4.D.2, Objective 4.D.2.1, Policies 4.D.2.1.1 and 4.D.2.1.2 require conserving plumbing fixtures in new construction and discourage the use of potable water for irrigation in new developments. The petitioner will demonstrate compliance with these requirements during the land development approval process. Goal 5.111 Objective 5.1.6, Policies 5.1.63 require that the City review, and revise, where necessary, land development regulations in order to ensure that building and development activities are carried out in a way to protect life and property from hurricanes and floods. The site will be designed and maintained in compliance with the City's adopted land development regulations. Goal 5.1, Objective 5.1.7, Policies 5.1.7.1 and 5.1.7.2 require that the City coordinates and cooperates with the County in order to maintain the hurricane evacuation time as established in the Palm Beach County Peacetime Emergency Plan. The proposed development will be consistent with these goals, objectives and policies. CONSERVATION ELEMENT: Goal 6.1, Objective 6.2.5, Policies 6.1.5.1, 6.1.5.2, 6.2.5.4 and 6.1.5.5 specify the maintenance of the City's land development regulations to ensure that all ecological communities, wildlife and marine life especially endangered and rare species, are identified, managed and protected. An inspection of the property was performed to determine if endangered, rare of threatened species of concern were present on the site. Please see the attached statement prepared by Environmental Services, Inc. (Attachment `F) for further information. Based on the existing site conditions, development orders consistent with the City's policies for conservation and protection of wildlife, marine life and natural systems can ultimately be issued for the project. T: \Ryan\MYDOCS\P1204 \1204FLUA .submittal- rev6- 13 -0Ldoc Page 13 Goal 6.11 Objective 6.1.7 requires that the City maintain any land development regulations and development policies in order to provide conservation measures on newly annexed lands to comply with the goals, objectives and policies of the Comprehensive Plan. The proposed development will be reviewed in accordance with the City's land development regulations Goal 6.1, Objective 6.1.9, Policies 6.1.9.1 through 6.1.9.4 require the City, in conjunction with other regulatory agencies having jurisdiction, shall ensure the protection and preservation of native habitats and maximize the provision of open space for this purpose. The City, through its site plan and subdivision review process shall endeavor to connect open space and conservation /preservation areas with pedestrian/nature trailways wherever possible. Preservation and open space will be incorporated into the project's design in order to achieve the City's minimum open space requirements as specified in the land development regulations INTERGOVERNMENTAL COORDINATION ELEMENT: Goal 8.1, Objective 8.1.1, Policy 8.1.1.2 requires that the City notify Palm Beach County in writing (prior to the application being considered by the City's Planning and Zoning Commission) of all development applications requiring review by the Development Review Committee (DRC) for land which is contiguous with the County. The proposed development is not contiguous to unincorporated Palm Beach County. CAPITAL IMPROVEMENTS ELEMENT: Goal 9.1, Objective 9.1.1, Policies 9.1.1.1 through 9.1.1.4 require the City to use its Capital Improvements Element to ensure construction of capital facilities in a timely manner in order to meet the public safety needs of the residents, maximize the use of existing facilities and promote orderly, compact development. The proposed development is located within the Urban Services Boundary and represents infill development within an already highly developed area. The site will draw upon public facilities and services, which are presently available in the area. Goal 9.1, Objective 9.1.2, Policies 9.1.2.1 through 9.1.2.3 specify future development shall bear a proportionate cost of facility improvements T: \Ryan\MYDOCS\P1 204 \1204FLUA .submittal- rev6- 13 -0Ldoc Page 14 necessitated by the development in order to maintain adopted LOS standards. Impact fees for this project will be collected by the City at the time of building permit issuance. These impact fees will assist the City in maintaining the adopted LOS standards Goal 9.11 Objective 9.1.4, Policies 9.1.4.1 through 9.1.4.7 define the City's level of service (LOS) standards and how those standards will be applied. This project shall comply with the City's adequate public facilities ordinance to ensure that at the time a development order or permit is issued, sufficient facility capacity is available or will be available concurrent with the impacts of the development. The proposed plan amendment will not exacerbate any existing condition of public facility capacity deficits, or generate public facility demands that may be accommodated by as planned in the 5 Year Schedule of Improvements. The request is consistent with existing land uses surrounding the site. Additionally, this site has an existing traffic concurrency approval and the applicant is, through a separate petition, requesting the approval of a traffic equivalency to convert to the uses covered by this application. PUBLIC SAFETY ELEMENT: Goal 10.1, Objective 10,1, Policy 10.1.11 states that the City shall continue to provide adequate facilities to ensure the provision of an effective public safety program, that the City shall develop alternative funding methods, to ensure that new development pay its proportionate share of the cost of providing public safety facilities, equipment, etc., and that the City prefers the use of police and fire impact fees as a method to more equitably distribute the cost for public safety services. The proposed development will pay its proportionate share of the cost of providing public safety services through the payment of police and fire impact fees that will be collected by the City at the time of building permit issuance. 17. A description of the effect of the Comprehensive Plan elements, indicating specific changes or modifications that will be needed for internal consistency. The map change requested will not require any text changes to the Comprehensive Plan elements. T:\Ryan\MYDOCS\P1204 \1204FLUA .submittal- rev6- l3 -0Ldoc Page 15 18. Copies of prior development approvals, including development order conditions. There are no prior development approvals, which exist for the subject property. 19. Relationship of the proposal to the Evaluation and Appraisal Report, if applicable. There is no relationship between the proposed development and the EAR. 20. A listing entitled "Consistency of the Local Comprehensive Plan with the State Comprehensive Plan" prepared pursuant to Rule 9J- 5.021(4), F.A.C. Not applicable. MISCELLANEOUS 1. Two copies of a certified legal survey made by a surveyor registered in the State of Florida and drawn to scale appropriate to the size of the subject property, including an accurate legal description and computation of the total area of the subject property, computed in square footage and to the nearest one -tenth (1/10 ") of an acre. Two copies of a certified legal survey prepared by Lidberg Land Surveying, Inc. are attached. (See Attachment "C ") 2. If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has delegated authority to represent the corporation or other business entity and that he /she is in fact an officer of the corporation or other business entity. This application has been prepared by a corporation, which is the fee simple title holder of the property. Attached is a notarized statement of ownership form and the latest warranty deed for the property. (See Attachment "K ") 3. Certified list of all property owners, mailing address and legal description of all property within 300 feet of the subject parcel, as recorded in the latest official tax roll in the County Courthouse, accompanied by a Notarized Affidavit that to the best of the applicant's knowledge, said list is complete and accurate. If the applicant is required to notify property owners, the applicant will be responsible for notification and must coordinate with the City Clerk's office. A certified list of all property owners within 500 feet of the subject parcel, and a notarized affidavit are attached. (See Attachment "L ") T: \Ryan\MYDOCS\P1204 \1204FLUA .submittal- rev6- 13 -0Ldoc Page 16 4. Stake or flag the parcel requested for a land use plan amendment revealing its exact location and boundaries. This is required to be installed at the time of application submittal. The subject site will be staked prior to the public hearing. 5. A Title Certification or an updated Title Policy by an attorney, current within thirty (30) days of the application submittal date. Attached please find a copy of an updated Title Certification. (See Attachment "M ") 6. Place a 3' x 3' sign on the property, readily visible to vehicular and pedestrian traffic, stating "THIS SITE IS BEING CONSIDERED FOR LAND USE PLAN AMENDMENT — CITY OF PALM BEACH GARDENS ". This sign is to be removed from the site within 10 days after final action of the City Council. In accordance with this requirement, a sign displaying the language referenced above will be placed on the site prior to a public hearing and consideration by the City's Planning and Zoning Commission at the direction of the City's Growth Management Department. T:\Ryan\MYDOCS\P1204 \1204FLUA .submittal- rev6- 13- 01.doc Page 17 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: August 16, 2001 Date Prepared: July 25, 2001 SUBJECT /AGENDA ITEMS LU -01 -01 & LU -01 -02 — Land Use Changes for Parcels 12.05 & 12.04 First Reading Ordinance 26, 2001 and Ordinance 27, 2001: A request by Kenneth A. Blair, on behalf of Catalfumo Construction & Development, Inc., for approval of two (2) small - scale land use map amendments to the City's Comprehensive Plan for a 7.43 -acre parcel and a 5.21 -acre parcel, respectively, from Mixed -use to Commercial. The subject parcels are located at the northwest and northeast corners of Northlake Boulevard and MacArthur Boulevard, respectively. RECOMMENDATION Staff recommends DENIAL of Ordinance 26, 2001 and Ordinance 27, 2001. Reviewed by: VV Principal Planner Originating Dept.: G owth Management: FINANCE: NA LPA Action: [ ] Approved _ Karen M. Craver, 7 Project Costs: $ Total [ ] App. w/ conditions [ ] Denied City Attorney Leonard Rubin Manager John Lin [X] Rec. approval: 5 -1 n, AICP $ [ ] Rec. app. w/ conds. Finance NA Current FY [ ] Rec. Denial [ ] Continued to: Human Res. NA Funding Source: [ ] Operating Submitted by: Advertised: Attachments: Growth Manag nt Date: [ ] Other • Ordinance 26, 2001 J • Ordinance 27, 2001 Direct , , m Paper: • Location Maps Charles K. Wu, AICP •Applicant [X] Not Required Budget Acct. #: Justification Approved by: Statements City Manager Affected parties: Ronald M. Ferris [ ] Notified [ ] None [X] Not Required City Council Meeting Date: August 16, 2001 Date Prepared: July 25, 2001 Petitions LU -01 -01 & LU -01 -02 REQUEST Kenneth A. Blair, agent for Catalfumo Construction & Development, Inc., is proposing small -scale land use map amendments to the City's Comprehensive Plan. The amendments change the current land use designation of a 7.43 -acre parcel and a 5.21 -acre parcel from Mixed -Use to Commercial. The subject parcels, known as Parcels 12.05 and 12.04, are located at the northwest and northeast corners of Northlake Boulevard and MacArthur Boulevard, respectively. BACKGROUND The subject parcels are currently undeveloped. The petitioner is requesting the land use changes to Commercial so that the sites will not have to be developed with three or more general types of uses in place. Currently, only 1.2% of the area in the City has a land use designation of Mixed -Use. HISTORICAL AND ARCHEOLOGICAL RESOURCES The MacArthur Banyan Tree is located in between the two sites, and is a significant historical resource to the City of Palm Beach Gardens. Policy 6.1.5.4. of the City's Comprehensive Plan requires that the City protect "[s]ites of historical or archaeological significance." The existing Mixed - Use designation would enable the City to have greater control over development of the sites, thereby increasing the level of protection of the tree. The City's Land Development Regulations also require protection of the tree (MacArthur Banyan Tree Overlay District), and as a result, the applicant will have to comply with all of the overlay district requirements at the site planning stage. LAND USE COMPATIBILITY WITH SURROUNDING AREA The subject parcels are surrounded by properties designated Commercial to the south and west, Commercial to the east, and Residential Medium (Lake Catherine) and Recreation Open Space (Hal Watkins Middle School) to the north. Because of the residential, school, and recreation open space areas that are immediately adjacent to the sites, it is the Staff's professional opinion that the proposed land use of Commercial is not compatible with the adjacent land uses (a requirement in Policy 1.1.1.1.b. in the City's Comprehensive Plan). A Commercial land use designation would enable a wide variety of intense commercial uses that are not compatible with neighboring school and residential development. A Mixed -Use land use designation would enable greater control of the types of commercial uses permitted on the sites, thereby making the development of the site more compatible to the nearby school and single - family homes. CONSISTENCY WITH THE VISION PLAN The City's Vision Plan serves as a land use guide for all land use designation changes in the City. The Vision Plan designates the subject sites as Mixed Overlay /Residential; therefore, the requested land use changes to Commercial are not consistent with the intent and objective of the Vision Plan. It should be noted, however, that on August 19, 1999, City Council approved waivers from the residential requirements (found under the Mixed -use land use designation) for these sites. 2 City Council Meeting Date: August 16, 2001 Date Prepared: July 25, 2001 Petitions LU -01 -01 & LU -01 -02 CONSISTENCY WITH THE FLORIDA ADMINISTRATIVE CODE (CH. 9J -5) Section 9J- 5.006(4)(c) of the Florida Administrative Code (F.A.C.), states that "[m]ixed use categories of land use are encouraged." Changing the land use designation of the parcels from Mixed -Use to Commercial is not consistent with this section. Section 9J- 5.006(3)(b)4., F.A.C., states that the goals, objectives and policies of a future land use should "[e]nsure the protection of ... historical resources." It is Staffs professional opinion that the proposed change of the land use is not consistent with this section of 9J -5, F.A.C. DEVELOPMENT POTENTIAL ANALYSES The maximum development potential for Parcel 12.05 allowed under the existing land use designation of Mixed -use is outlined in the following table. The analysis is based on the total acreage of the site, which is 7.43 acres, various percentage maximums for land allocation and lot coverage (found in Policy 1.1.1.3. of the City's Comprehensive Plan), and a height restriction of four (4) floors (also in Policy 1.1.1.3.). MAXIMUM DEVELOPMENT POTENTIAL FOR PARCEL 12.05 UNDER EXISTING LAND USE OF MIXED -USE (NON- RESIDENTIAL) Max. Max. Density/ External Recreation Sanitary Potable Solid Development Intensity Trip /Parks Sewer Water Waste Potential 388,380 sq. ft. 60% Land 10,106 N/A Adequate Adequate Adequate of allocation Daily capacity capacity capacity commercial 50% Lot trips use coverage 4 -floor height 543,733 sq. ft. 60% Land 4,315 N/A Adequate Adequate Adequate of allocation Daily capacity capacity capacity professional 70% Lot trips office use coverage 4 -floor height 168,298 sq. ft. 60% Land 1,003 N/A Adequate Adequate Adequate of industrial allocation Daily capacity capacity capacity use 50% Lot trips coverage 4 -floor height TOTAL = -- 15,424 -- -- -- -- 1,100,411 Daily square feet trips City Council Meeting Date: August 16, 2001 Date Prepared: July 25, 2001 Petitions LU -01 -01 & LU -01 -02 The maximum development potential for Parcel 12.05 allowed under the proposed land use designation of Commercial is outlined in the following table. MAXIMUM DEVELOPMENT POTENTIAL FOR PARCEL 12.05 UNDER PROPOSED LAND USF OF COMMFRCIAI Max. Max. Density/ External Recreation Sanitary Potable Solid Development Intensity Trip /Parks Sewer Water Waste Potential 226,555 sq. 35% Lot 7,069 N/A Adequate Adequate Adequate ft. of retail coverage Daily capacity capacity capacity commercial 50% Lot trips The trip generation analysis reflects that there will be 8,355 less external trips generated by the proposed land use designation than by the existing designation. The maximum development potential for Parcel 12.04 allowed under the existing land use designation of Mixed -use is outlined in the following table. The analysis is based on the total acreage of the site, which is 5.21 acres, various percentage maximums for land allocation and lot coverage (found in Policy 1.1.1.3. of the City's Comprehensive Plan), and a height restriction of four (4) floors (also in Policy 1.1.1.3.). MAXIMUM DEVELOPMENT POTENTIAL FOR PARCEL 12.04 UNDER EXISTING LAND USE OF MIXED -USE (NON - RESIDENTIAL) Max. Max. Density/ External Recreation Sanitary Potable Solid Development Intensity Trip /Parks Sewer Water Waste Potential 272,337 sq. ft. 60% Land 7,782 N/A Adequate Adequate Adequate of allocation Daily capacity capacity capacity commercial 50% Lot trips use coverage 4 -floor height 381,271 sq. ft. 60% Land 3,300 N/A Adequate Adequate Adequate of allocation Daily capacity capacity capacity professional 70% Lot trips office use coverage 4 -floor height 118,012 sq. ft. 60% Land 704 N/A Adequate Adequate Adequate of industrial allocation Daily capacity capacity capacity use 50% Lot trips coverage 4 -floor height TOTAL = -- 11,786 -- -- -- -- 771,620 Daily square feet trips City Council Meeting Date: August 16, 2001 Date Prepared: July 25, 2001 Petitions LU -01 -01 & LU -01 -02 The maximum development potential for Parcel 12.04 allowed under the proposed land use designation of Commercial is outlined in the following table. MAXIMUM DEVELOPMENT POTENTIAL FOR PARCEL 12.04 UNDER PROPOSED LAND USE OF COMMERCIAL Max. Max. External Recreation Sanitary Potable Solid Development Density/ Trip /Parks Sewer Water Waste Potential Intensity 158,863 sq. 35% Lot 5,519 Daily N/A Adequate Adequate Adequate ft. of retail coverage trips capacity capacity capacity The trip generation analysis reflects that there will be 6,267 less external trips generated by the proposed land use designation than by the existing designation. Although the comparison of the maximum development potentials, as required by Chapter 9J -5, F.A.C., indicates that the development potential under the existing Mixed -Use designations is far greater than under the proposed, the City's Land Development Regulations will significantly reduce the intensity of development that will actually occur under the Mixed -Use designation. LEVEL OF SERVICE STANDARDS The petitioner's analyses demonstrate that there will be no direct, adverse impacts on the adopted Level of Service (LOS) standards for water, sewer, solid waste, police and fire services, and traffic. The City's traffic engineer has indicated that the proposed amendments will not degrade the LOS of any roadway segment within the zone of potential impact. NEARBY LOCAL GOVERNMENT COMMENTS /OBJECTIONS The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has reviewed the proposed amendments and has raised no objections. Furthermore, staff has also not received objections or adverse comments regarding these proposed amendments from City residents. GROWTH MANAGEMENT RECOMMENDATION Staff recommends DENIAL of the proposed small -scale amendments to the City's Comprehensive Plan to change the land use designations of the subject parcels from Mixed -Use to Commercial. Staff supports maintaining the Mixed -Use land use designation for several reasons. 1. The proposed land use map designation of Commercial is not compatible with the adjacent residential, school, and recreation /open space land uses to the north because a Commercial land use designation would enable a wide variety of intense commercial uses on the sites. 2. The proposed land use map designation of Commercial is not consistent with the City's Vision Plan of Mixed Overlay /Residential use for the sites. 5 City Council Meeting Date: August 16, 2001 Date Prepared: July 25, 2001 Petitions LU -01 -01 & LU -01 -02 3. The proposed change of the land use from Mixed -use to Commercial for Parcels 12.05 and 12.04 is not consistent with Section 9J- 5.006(4)(c) of the Florida Administrative Code (F.A.C.) regarding the encouragement of mixed -use, and the protection of historical resources. 4. A mixed -use project would provide a great deal of internal capture of traffic trips, thereby relieving the traffic burden on Northlake Boulevard. 5. The sites are part of the City's southern entrance, and are adjacent to the historically significant MacArthur Banyan Tree. Mixed -use projects would enable greater control of development, thereby helping to ensure that the sites are developed in a manner that is befitting their importance to the City as a historical site and an entry to the City. 6. Mixed -use sites are unique and represent a demand by society to return to a more traditional city design, or at least have some neo- traditional aspects within a city. Very few mixed -use designated sites exist in the City (only 1.2% of the total land area); therefore, those that do exist should be maintained as mixed -use sites that promote the ideals of neo - traditional development, including the mix of residential, office, and retail uses. LOCAL PLANNING AGENCY RECOMMENDATION At their June 12, 2001 meeting, the Local Planning Agency (LPA) held an advertised public hearing on this petition. The LPA voted 5 — 1 to recommend approval of this petition to City Council. It should be noted that Staff had recommended approval at the LPA public hearing for these small - scale land use changes from Mixed -Use to Commercial. Recent Council decisions on land use changes concerning Mixed -Use parcels required Staff to further assess the importance of mixed -use development within the City. After careful consideration of the Vision intended by the City's adopted Future Land Use Map and further research of the City's Policies, Land Development Regulations, and Comprehensive Plan Staff was prompted to re- evaluate the previous recommendation. g /john: Iu0101 &Iu0102.cc 0 July 25, 2001 ORDINANCE 27, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BY CHANGING THE LAND USE DESIGNATION ON APPROXIMATELY 5.21 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD AND MACARTHUR BOULEVARD, FROM MIXED -USE TO COMMERCIAL; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (LU- 01 -02) from Catalfumo Construction & Development, Inc. to amend the land use designation for approximately 5.21 acres of land located at the northeast corner of Northlake Boulevard and MacArthur Boulevard, as more particularly described in Exhibit "A" attached hereto, from Mixed -Use to Commercial; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, on June 12, 2001, the Local Planning Agency for the City recommended approval of the future land use map amendment to the Comprehensive Plan of the City; and WHEREAS, the City Council has found that the future land use map amendment is consistent with Section 163.3187(1)(c), Florida Statutes, pertaining to small -scale comprehensive plan amendments; and WHEREAS, the City Council acknowledges that this future land use map amendment is subject to the provisions of Section 163.3187(3)(c), Florida Statutes, and that the City shall maintain compliance with all provisions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Future Land Use Map of the Comprehensive Plan of the City is hereby amended to change the future land use designation for approximately 5.21 acres of land located at the northeast corner of Northlake Boulevard and MacArthur Boulevard, more particularly described in Exhibit "A," from Mixed -Use to Commercial. Ordinance 27, 2001 Petition LU -01 -02 SECTION 2. The City's Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are forwarded to the Florida Depaitment of Community Affairs and other agencies, in accordance with Section 163.3187(2), Florida Statutes. SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. This ordinance shall become effective in accordance with Section 163.3187(3)(c), Florida Statutes. PLACED ON FIRST READING THIS THE 16th DAY OF AUGUST 2001. PLACED ON SECOND READING THIS THE DAY OF 2001. PASSED AND ADOPTED THIS THE DAY OF 0401111 MAYOR JOSEPH R. RUSSO COUNCILMAN DAVID CLARK VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO 6 ATTEST BY: Ordinance 27, 2001 Petition LU -0 1 -02 APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD, CMC CITY ATTORNEY CITY CLERK VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO COUNCILWOMAN FURTADO gljohn: Iu0102.or 3 EXIHIBIT "A" Parcel 12.04 Ordinance 27, 2001 Petition LU -01 -02 A parcel of land situate in Section 18, Township 42 South, Range 43 East; within the City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly described as follows: That part of the Southeast Quarter (SE 1/4) of said Section 18, lying Westerly of the West right -of -way line of the C -17 Canal, lying Southerly of the South line of that certain parcel of land described in Official Records Book 6377, at page 310; lying Easterly of the East right -of -way line of MacArthur Boulevard, formerly Gardens Boulevard, as described in Official Records Book 1332, page 6 and Official Records Book 4418, page 788, and lying Northerly of the North right -of -way line of Northlake Boulevard. EI CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: August 16, 2001 Date Prepared: August 1, 2001 SUBJECT /AGENDA ITEM LU- 01 -03- GARDEN STATION First Reading for Ordinance 30, 2001: A request by Henry Skokowski of Urban Design Studio, on behalf of NorthCorp Development Inc., for a small -scale land use map amendment to change the current land use designation of a 7.6 -acre parcel from Mixed -use (MXD) to Professional Office (PO). The subject parcel, known as Garden Station, is located approximately 215 feet from the intersection of RCA Blvd. and NorthCorp Parkway, on the east side of RCA Blvd. RECOMMENDATION Staff recommends DENIAL of Ordinance 30, 2001. Reviewed by: Originating Dept.: FINANCE: NA LPA Commission Principal Planner owth Action: Management: Costs: [ ] Approved Karen M. Craver, ` Project $ Total [ ] App. w/ conditions [ ] Denied City Attorney Manager [X] Rec. approval 6 -1 . Finance NA Kara Irwin $ [ ] Rec. app. w/ conds. Human Res. NA Current FY [ ] Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth Date: • Ordinance 30, 2001 Manage /n�; t [ ] Operating • Location Map Director(, K, Paper: [X] Other NA • Justification Charles K. Wu, AICP Statement [X ]Not Required Approved by: City Manager Budget Acct. #: [ ] None Affected parties: [ ] Notified NA [X ] Not Required City Council Meeting Date: August 16, 2001 Date Prepared: August 1, 2001 Petition LU -01 -03 REQUEST: Urban Design Studio, agent, is proposing a small -scale land use map amendment to the City's Comprehensive Plan. The amendment would change the current land use designation of a 7.6- acre parcel from Mixed -use (MXD) to Professional Office (PO). The subject parcel, known as Garden Station, is located approximately 215 feet from the intersection of RCA Blvd. and NorthCorp Parkway, on the east side of RCA Blvd. BACKGROUND: The applicant previously applied for a waiver from the residential requirement for Mixed -use development that was approved by City Council on April 8, 1999, and then submitted an application (petition PUD- 99 -09) that went only as far as a Planning & Zoning Commission workshop. A market analysis for the project was conducted that indicated that the Mixed -use project was not viable at the Garden Station location because the location could not provide the connectivity fundamental to a successful Mixed -use development, which resulted in the applicant withdrawing the petition PUD- 99 -09. The subject parcel is undeveloped, and the petitioner is now requesting the land use change from Mixed -use to Professional Office so that the site will not have to be developed with three or more general types of uses and the strict design guidelines required for Mixed -use development. ENVIRONMENTAL ISSUE There is environmentally significant land on the site and 25% (1.3 acres) of the significant land is required to be set aside for preservation, but the applicant is proposing off -site mitigation and has an Environmental Assessment petition submitted to the City for review. LAND USE COMPATIBILITY WITH SURROUNDING AREA: The applicant intends to develop a professional office development, which is consistent with the business center atmosphere of this section of the City. To the south of the subject site is the NorthCorp Business Park, which has a future land use designation of Industrial (1); to the west is Loehman's Plaza, which has a future land use designation of Commercial; to the north is Parcel 5B, which has a future land use designation of Mixed -use and has received a waiver from the residential use requirement of a Mixed -use development; to the east are the Florida East Coast Railway (FEC), Alternate Al and the proposed Legacy Place Mixed -use development. The current designation of Mixed -use is the most appropriate land use for this particular site in that it provides a logical continuation of the adjacent areas and supports the development of Parcel 5B to the north and Legacy Place to the east as Mixed -use developments. Although the adjacent parcels to the south have a land use designation of Industrial, the area has been developed as a Planned Community Development with a mix of uses typically found in a Mixed - use development. The adjacent parcels to the north (Parcel 5B) and to the east (Legacy Place) are located at a highly visible intersection of the City and are meant to establish a City Center. With the existing designation of Mixed -use, it is assured that the City has more control over the development of these parcels into development representative of the City's high standards. 2 City Council Meeting Date: August 16, 2001 Date Prepared: August 1, 2001 Petition LU -01 -03 CONSISTENCY WITH THE VISION PLAN: The City's Vision Plan serves as a land use guide for all land use designation changes in the City. The Vision Plan designates the subject site as Commerce and Trade (CT). The requested land use change to Professional Office (PO) is not consistent with the Vision Plan future land use designation. Commerce and Trade would be consistent with commercial types of uses, which are allowable in Mixed -use development. CONSISTENCY WITH THE FLORIDA ADMINISTRATIVE CODE: Section 9J- 5.006(4)(c) of the Florida Administrative Code (F.A.C.), states that "mixed use categories of land use are encouraged." In staffs professional opinion, changing the land use designation of the parcel from Mixed -use to Professional Office is not consistent with this section. CONSISTENCY WITH THE COMPREHENSIVE PLAN: Policy 1.1.1.1 of the City of Palm Beach Gardens Comprehensive Plan states that the City shall continue to maintain land development regulations to ensure that they contain specific and detailed provisions intended to implement the adopted Comprehensive Plan, and which at a minimum discourage urban sprawl through Mixed -use and clustering requirements. In staff's professional opinion eliminating the two Mixed -use sites is not consistent with this policy of the City's Comprehensive Plan. The Mixed -use Land Use comprises 1.20% of the City's total area and is located at key sites within the City east of 1 -95. The benefits of Mixed -use development in these areas include: creating a functioning, multi- faceted type of development; allowing the City more control in the development of areas within highly visible parts of the City; lessening the need for additional vehicular trips through the internalization of trips within a project; and benefiting development from close immediate proximity of complementary uses. Policy 2.1.2 of the City of Palm Beach Gardens Comprehensive Plan encourages development that establishes multiple routes for intra- community trips. A requirement of Mixed -use is to provide an integration of distinct uses on a single site so that the impacts from differing uses are mitigated through site design techniques and the close proximity of complementary uses. The few parcels within the City designated with a Future Land Use of Mixed -use (1.2% of the City) are in locations of importance to the City. The Mixed -use sites on the north and south ends of the City.are intended to create entry features to the City. The higher design standards required for Mixed -use development are important in the development of these sites. The more centralized Mixed -use sites in the City are areas of high visibility in the City and are intended to be developed as city centers of major importance to the character intended in the Vision of Palm Beach Gardens. The Mixed -use development regulations encourage development intended to mitigate the impacts of traffic in the central areas of the City. 3 City Council Meeting Date: August 16, 2001 Date Prepared: August 1, 2001 Petition LU -01 -03 DEVELOPMENT POTENTIAL ANALYSIS: The maximum development potential that is allowed under the existing land use designation of Mixed -use is outlined in the table below. The analysis is based on the total acreage of the site, which is 7.6 acres, various percentage maximums for land allocation and lot coverage (found in Policy 1.1.1.3. of the City's Comprehensive Plan), and a height restriction of four (4) floors (also in Policy 1.1.1.3.). DEVELOPMENT POTENTIAL UNDER CURRENT LAND USE OF MIXED -USE (NON- RESIDENTIAL) Max. Max. External Recreation Sanitary Potable Solid Development Density /Intensity Trip /Parks Sewer Water Waste Potential 278,087 sq. ft. 30% Land allocation 13,392 N/A Adequate Adequate Adequate of commercial 70% Lot coverage Daily trips capacity capacity capacity use 4 -floor height 278,087 sq. ft. 30% Land allocation 3,040 N/A Adequate Adequate Adequate of professional 70% lot coverage Daily trips capacity capacity capacity office use 4 -floor height 28 units of 25% Land allocation 196 Daily N/A Adequate Adequate Adequate residential 15 dwelling units per trips capacity capacity capacity high use acre TOTAL = -- 16,628 -- -- -- -- 556,174 Daily square feet trips and 28 du The maximum development potential allowed under the proposed land use designation of Professional Office is outlined in the table below. DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE OF PROFESSIONAL OFFICE Max. Max. External Recreation Sanitary Potable Solid Development Density /Intensity Trip /Parks Sewer Water Waste Potential 231,739 sq. ft. 35% Lot coverage 2,649 Daily N/A Adequate Adequate Adequate of office trips capacity capacity capacity space The trip generation analysis reflects that there will be 13,979 less external trips generated by the proposed land use designation. Although the comparison of the maximum development potentials, as required by Section 9J -5, F.A.C., indicates that the development potential under the existing Mixed -use designation is far greater than under the proposed land use designation, the City's Land Development Regulations will significantly reduce the intensity of development that will actually occur under the Mixed -use designation. In addition, the daily trips calculated for the existing land use IH City Council Meeting Date: August 16, 2001 Date Prepared: August 1, 2001 Petition LU -01 -03 designation do not take into account the internal capture of trips generated by a Mixed -use development. LEVEL OF SERVICE STANDARDS: The petitioner's analysis demonstrates that there will be no direct, adverse impacts on the adopted Level of Service (LOS) standards for water, sewer, solid waste, police and fire services, and traffic. NEARBY LOCAL GOVERNMENT COMMENTS /OBJECTIONS: The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has reviewed the proposed amendment and has raised no objections to date. LOCAL PLANNING AGENCY RECOMMENDATION: On June 26, 2001, the Local Planning Agency held an advertised public hearing on this petition. The Local Planning Agency voted 6 -1 to recommend approval of this petition to City Council. It should be noted that staff had recommended approval at the Local Planning Agency Public Hearing for the small -scale land use change from Mixed -use to Professional Office. Recent Council decisions on land use changes concerning Mixed -use parcels required staff to further assess the importance of Mixed -use development within the City. After careful consideration of the Vision intended by the City's adopted Future Land Use Map and further research of the City's Policies, Land Development Regulations, and Comprehensive Plan, staff was prompted to re- evaluate the previous recommendation. GROWTH MANAGEMENT RECOMMENDATION: Staff recommends DENIAL of the proposed small -scale amendment to the City's Comprehensive Plan to change the land use designation of the subject parcel from Mixed -use to Professional Office. Staff supports maintaining the Mixed -use land use designation because: 1. In staff's professional opinion, the land use change is not consistent with the City's Comprehensive Plan Policy 1.1.1.1 concerning the discouragement of urban sprawl through Mixed -use development, and Policy 2.1.2 concerning the encouragement of development that establishes multiple routes for intra- community trips. 2. In staff's professional opinion, the land use change from Mixed -use (MXD) to Professional Office (PO) is not consistent with the City's Vision Plan, which designates the parcel as Commerce and Trade. 3. In staff's professional opinion, the land use change is not consistent with Section 9J- 5.006(4)(c) of the Florida Administrative Code (F.A.C.) regarding the encouragement of mixed -use development. 4. The Mixed -use designation has a greater compatibility with the adjacent land uses and approved development of the surrounding areas, particularly the Mixed -use development to the North and East of the subject property. 5. A Mixed -use project would provide a great deal of internal capture of traffic trips, thereby relieving the traffic burden on RCA Boulevard, Alternate A1A, and PGA Boulevard. The City E City Council Meeting Date: August 16, 2001 Date Prepared: August 1, 2001 Petition LU -01 -03 must consider all efforts to decrease traffic on our roadways, which is an objective required for Mixed -use development through pedestrian linkages and the successful integration of distinct uses. 6. A Mixed -use project would enable greater control of the development of the site, thereby ensuring that the site is developed in a manner that is befitting the site's location. The adjacent site to the north is a Mixed -use parcel (Parcel 5B), which is a highly visible site within the City of Palm Beach Gardens. The proposed change could start an undesirable trend to amend the land use of other Mixed -use sites, which while they are not plentiful, are very important to the development of the City's Vision Plan. 7. Mixed -use sites are unique and represent a demand by society to return to a more traditional city design with neo- traditional aspects of development. Very few Mixed -use sites exist in the City; therefore, those that do exist should be maintained to promote the ideals of neo - traditional development, including the mix of residential, office, and retail uses. 31 August 1, 2001 ORDINANCE 30, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BY CHANGING THE LAND USE DESIGNATION ON APPROXIMATELY 7.6 ACRES OF LAND LOCATED APPROXIMATELY 215 FEET FROM THE INTERSECTION OF RCA BLVD. AND NORTHCORP PARKWAY, ON THE EAST SIDE OF RCA BLVD, FROM MIXED -USE TO PROFESSIONAL OFFICE; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (LU- 01 -03) from Henry Skokowski of Urban Design Studio, on behalf of NorthCorp Development Inc., for a small -scale land use map amendment to change the current land use designation of a 7.6 -acre parcel located approximately 215 feet from the intersection of RCA Blvd. and NorthCorp Parkway, on the east side of RCA Blvd., as more particularly described in Exhibit "A" attached hereto, from Mixed -Use to Professional Office; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, on June 26, 2001, the Planning and Zoning Commission, as the duly constituted Local Planning Agency for the City, recommended approval of the future land use map amendment to the Comprehensive Plan of the City; and WHEREAS, the City Council finds that the future land -use map amendment is consistent with Section 163.3187(1)(c), Florida Statutes, pertaining to small -scale comprehensive plan amendments; and WHEREAS, the City Council acknowledges that this future land use map amendment is subject to the provisions of Section 163.3187(3)(c), Florida Statutes, and that the City shall maintain compliance with all provisions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Future Land Use Map of the Comprehensive Plan of the City is hereby amended to change the future land use designation for approximately 7.6 acres of land located approximately 215 feet from the intersection of RCA Blvd. and NorthCorp Parkway, on the east side of RCA Boulevard, more particularly described in Exhibit 'A" from Mixed -Use to Professional Office. SECTION 2. The City's Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are forwarded to the Florida Department of Community Affairs and other agencies, in accordance with Section 163.3187(2), Florida Statutes. SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. This ordinance shall become effective in accordance with Section 163.3187(3)(c), Florida Statutes. PLACED ON FIRST READING THIS THE 16th DAY OF AUGUST 2001. PLACED ON SECOND READING THIS THE DAY OF 2001. PASSED AND ADOPTED THIS THE DAY OF MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN 2001. COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO K ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD, MMC CITY ATTORNEY CITY CLERK VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO COUNCILWOMAN FURTADO 3 EXHIBIT "A" Exhibit A i X7'32 Pg 737 The Land Tract A Being a parcel of land lying in Section 6, Township 42 South, Range 43 East, Palm Beach County, Florida and being more particularly described as follows: BEGINNING at the Northeast corner of the plat of RCA PARK, as recorded in Plat Book 83, pages 63.through 64 of the public records of Palm Beach County, Florida; Thence North 88° 08' 18" West, along the North line of said plat of RCA PARK, a dis- tance of 506.30 feet; thence North 010 50' 34" East a distance of 356.19 feet; thence South 880 08' 18" East a distance of 407.81 feet to a point in the West line of the F.E.C. Railroad right of way; thence South 130 36' 46" East, along said West line a distance of 369.59 feet to the POINT OF BEGINNING. Tract B Being a parcel of land lying in Section 6, Township 42 South, Range 43 East and Sec- tion 1, Township 42 South, Range 42 East, Palm Beach County, Florida and being more particularly described as follows: COMMENCING at the Northeast corner of the plat of RCA PARK, as recorded in Plat Book 83, pages 63 through 64 of the public records of Palm Beach County, Florida; thence North 880 08' 18" West, along the North line of said plat of RCA PARK a dis- tance of 586.30 feet to the POINT OF BEGINNING; Thence along the said North line of the plat of RCA PARK the following two (2) courses and distances: 1. North 880 08' 18" West a distance of 308.47 feet; 2. North 880 10' 56" West a distance of 217.18 feet to a point in the East line of RCA Boulevard; Thence North 100 13' 44" West, along said East line a distance of 194:30 feet; thence South 880 08' 18" East a distance of 178.00 feet; thence North 01* 50' 34" East a dis- tance of 166.36 feet; thence South 880 08' 18" East a distance of 388.29 feet; thence South 010 50'34" West a distance of 356.19 feet to the POINT OF BEGINNING. 4 t I �1 - ,r c ;. ,. u IN 12 M t Zr ea r e a. May 29, 2001 Ms. Kara Irwin City Planner Growth Management Department CITY OF PALM BEACH GARDENS 10500 N. Military Trail Palm Beach Gardens, Florida 33410 RE: GARDENS STATION SMALL SCALE FUTURE LAND USE PLAN AMENDMENT OUR REF: # Dear Ms. Irwin: urban ian Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Attached for your information and review are the revised Trip Generation Analysis, prepared by Kimley -Horn and Associates, and the Future Land Use Map Amendment Analysis, prepared by Urban Design Studio. These revised studies indicate the modified maximum allowable development intensity allowed under the current Future Land Use Designation for the subject site, as requested by staff. Should you have any questions, please feel free to contact me. Sincerely, Urban Design Studio Marty R.A. Minor, AICP Project Planner Attachments cc: James Griffin 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax GACOMMONVoWGardem StationTLUP Amendment \CompP1anAmend2.wpd LCC35 Irvine, CA 714.489.81?' City of P.B. Gardens KAY 29 2001 ' - GRuWIM MANAGEMENT 'I DEPARTMENT \ 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax GACOMMONVoWGardem StationTLUP Amendment \CompP1anAmend2.wpd LCC35 Irvine, CA 714.489.81?' GARDENS STATION FUTURE LAND USE PLAN AMENDMENT Please note that our responses to each item of the checklist are bolded. For your convenience, the following is a listing of the other consultants who have been retained for the preparation of this application: The following are our responses to the items on the application checklists: APPLICATION FEES: 1. Base Sum of $1,500 for Comprehensive Plan Land Use Map Amendment. 2. Engineering escrow deposit $1,500.00. Total Fees (attached) $3,000.00 GACOMMONUoWGardens StationTLUP AmendmentlCompP1anAmend2.wpd LCC 35 Page 1 FUTURE LAND USE PLAN MAP AMENDMENT MAPS An 8 1/2" X 11" map of the subject area drawn to scale in miles, shading in the subject property. Attached 2. An 8 1/2" X 11" map of the area, indicating the boundary of the subject property, its location in relation to the thoroughfare network, and the proposed Future Land Use Map designation. Attached 3. An 8 1/2" X 11" section of the City's Future Land Use Map, indicating the subject property, its current land use designation and the land use designation of abutting properties. Attached REPORTS 1. Size of the site in acres or fractions thereof. Approximately 7.6 acres 2. Description of existing land uses (not designations) of subject property and surrounding properties. ti Existing Use of Subject Property: • Vacant Existing Use of Surrounding Properties: • North: Vacant lands (Parcel 5B) (Palm Beach Gardens) • South: The Hampton Inn hotel and Hilda Flack interior design office within the NorthCorp Planned Community Development. (Palm Beach Gardens) • East: Florida East Coast railway, Alternate AlA and vacant lands (Parcel 28.01) (Palm Beach Gardens) • West: Loehman's Shopping Center) (Palm Beach Gardens) GACOMMONUobs \Gardens StationTLUP Amendment \CompP1anAmend2.wpd LCC 35 Page 2 3. A narrative which summarizes: a) The maximum allowable development under the existing designation for the site: The existing Future Land Use Plan designation for the 7.6 acre site is Mixed Use. Assuming a land allocation of 15% Open Space, 30% Neighborhood Commercial, 30% Employment Center and 25% Residential High and a .35 FAR, the maximum development that could be allowed is 34,760 square feet of neighborhood commercial, 69,20 square feet of employment center and 28 residential units. b) The maximum allowable development under the proposed designation for the site: The proposed Land Use Plan designation for the 7.6 acres is Professional Office. Assuming a 35% lot coverage and a two story building height, the maximum allowable development would be 231,739 square feet of office area. C) A description of the proposed use and information on its compatibility with the surrounding area. The applicant intends to develop a professional office development which is consistent with the business center atmosphere of this section of the City. In addition, the proposed professional office development is adjacent, or in close proximity, to other office complexes and services which cater to a business community, such as hotels. It is also conveniently located to access the PGA Boulevard corridor, Interstate 95 and Alternate AIA. To the south of the subject site is the NorthCorp business park. Within the NorthCorp PCD, the site is directly adjacent to the Hampton Inn hotel and the Hilda Flack interior design office. To the west is the Loehman's Plaza shopping center, which includes restaurants, a credit union and services which would be used by clients and employees in such a professional office development. It should be noted that the Marriott hotel is southwest of the subject site. To the north is Parcel 5B, which has a MXD future land use designation. To the east is the Florida East Coast Railway, Alternate AlA and the proposed Legacy Place Mixed Use development. The requested Professional Office Future Land Use Designation is consistent with the business center environment of this section of the City. 4. A statement of justification or reason for the proposed land use amendment, which is based on the physical characteristics of the site, the impact on public facilities and services, and the policies of the City. The 7.6 acres requested to be redesignated from MXD to the Professional Office Future Land Use category is adjacent to business and business - related uses. To the south, the subject site is adjacent to the NorthCorp PCD. Although the NorthCorp PCD has an Industrial Future Land Use designation, the primary use is professional GACOMMONUoWGardens StationTLUP Amendment \CompP1anAmend2.wpd LCC 35 Page 3 office. The Wackenhut office complex and the NorthCorp office campus are in close proximity to the site. The subject site is also adjacent to business - related uses, such as restaurants, hotels and services. For example, directly south and southeast of the subject site are the Hampton Inn and Marriott hotels. To the west is Loehman's Plaza which includes restaurants, a credit union and other services. The requested Professional Office Future Land Use designation will act as a proper transition to from the NorthCorp business park to the more retail - oriented, proposed Mixed Use projects to the north (Parcel 5B) and to the east (Legacy Place). This location creates an atmosphere which is more conducive to Professional Office uses instead of a mixed use project. The relatively small size of the project is also better suited for a single use rather than a mixed use with three distinct uses. The requested land use change will not adversely affect the City's public facilities, services and policies. 5. A description of the ability of and demand on public facilities, indicating the proposal's impact on established level of service standards: traffic circulation, sanitary sewer, potable water, solid waste, drainage, recreation and open space. (NOTE: The most dense or intensive use allowed under the land use category should be analyzed for its impact on facilities and services.) The availability of and demand on public facilities has been analyzed based on the "maximum allowable development" as referenced in question number 3.b) above. Traffic Circulation: Traffic circulation has been analyzed by Kimley -Horn and Associates. A copy of this analysis is attached. Sanitary Sanitary sewer services are available by the Seacoast Utility Authority. The City's Comprehensive Plan provides for the following standards: Sanitary Sewer - LOS (107 gallons per day per capita) 2000 = 4.03 (City peak daily flow - mgd) 8.16 (Utility average daily flow - mgd) 2005 = 5.5 (City peak daily flow - mgd) 9.98 (Utility average daily flow - mgd) Existing Land Use Designation - Mixed Use (MXD)- 7.6 acres 37.54 gallons per day based on equivalent residential connection for the maximum of 34,760 square feet of neighborhood commercial use and 69,520 square feet of employment center use. 7,190 gallons per day based on a maximum of 28 residential units (28 units x 2.4 persons per unit x 107 gallons per day per capita) Proposed Land Use Designation - Professional Office (PO) - 7.6 acres 69.52 gallons per day based on equivalent residential connection for the GACOMMONVoWGardens StationTLUP Amendment \CompP1anAmend2.wpd LCC 35 Page 4 maximum of 231,739 square feet of professional office use. Potable Water: Potable water services will be provided by the Seacoast Utility Authority. A copy of a letter indicating their ability to service this site is attached. The City's Comprehensive Plan provides for the following standards: Potable Water - LOS (191 gallons per day per capita) 2000 = 7.71 (MGD) 2005 = 9.73 (MGD) Existing Land Use Designation - Mixed Use (MXD) - 7.6 acres 37.54 gallons per day based on equivalent residential connection for the maximum of 34,760 square feet of neighborhood commercial use and 69,520 square feet of employment center use. 12,835 gallons per day based on a maximum of 28 residential units (28 units x 2.4 persons per unit x 191 gallons per day per capita) Proposed Land Use Designation - Professional Office (PO) - 7.6 acres 69.52 gallons per day based on equivalent residential connection for the maximum of 231,739 square feet of professional office use. Drainage: The City's Comprehensive Plan provides for the following standards: Drainage LOS - Comprehensive Plan Existing Development -1- day /100 -year storm New Development greater than 10 acres - 3- day /25 -year storm New Development less than 10 acres - 1 day /25 -year storm The subject site will meet the new development standard of a 3- day /25 -year storm event. See attached drainage statement. Solid Waste: Solid waste collection will be provided by Solid Waste Authority. Solid Waster - LOS NOTE: COMPREHENSIVE PLAN assumes 7.13 lbs. Per day per capita The City's Comprehensive Plan provides for the following standards: 2000 - garbage 52,520 tons per year 2005 - garbage 66,290 tons per year Existing Land Use Designation - Mixed Use (MXD) - 7.6 acres 1,571 pounds per day for 34,760 square feet of neighborhood commercial use GACOMMONVoWGardens StationTLUP Amendment \CompPlanAmend2.wpd LCC 35 Page 5 and 69,520 square feet of office use, based on SWA estimate of 5.51bs. per square foot per year x 104,280 s.f./365 days = 1,571 pounds per day 479.1 pounds per day for 2850 dwelling units (50 units x 2.4 persons per unit x 7.13 1bs per day per capita). Proposed Land Use Designation - Professional Office (PO) - 7.6 acres 3,492 pounds per day for 231,739 square feet of commercial use, based on SWA estimate of 5.5 lbs. per square foot per year x 231,739 s.f. /365 days = 1,247 pounds per day Recreation and Open Space: The City's Comprehensive Plan provides for the following standards: Recreation and Open Space LOS - 3.5 acres per 1000 residents Comprehensive Plan Projected - 2000 2000 -149.4 acres required/166.9 acres available Existing Land Use Designation - Mixed Use (MXD) - 7.6 acres 0.23 acres needed to meet the City's LOS of 3.5 acres per 1000 residents for the estimated 2.4 persons per unit per 28 dwelling units. Proposed Future Land Use Designation - Professional Office (PO) - 7.6 acres No impact. 6. Analysis of the character of any vacant lands in order to determine suitability of use, including: Soils: Soil information is noted on the attached Topographic /Soil Map. Topography, including flood prone areas: A Topographic /Soil Map and Floodprone Areas Map are attached. Natural Resources: An Environmental Assessment is attached. Historic Resources: There are no known historic resources on the subject property. 7. Analysis of the relationship of the amendment to the population projections: • Population projections (indicated year) • Relationship of amendment to analysis (including in the Rule 9J- 5.006(2)(c)) of the amount of land needed to accommodate the projected population G:\COMMON\Jobs \Gardens StationTLUP Amendment \CompPIanAmend2.wpd LCC 35 Page 6 • Revised population projections (if applicable) The City's Comprehensive Plan estimates that the population of Palm Beach Gardens will reach 40,369 by the year 2000 and 50,944 by 2005. The Plan also estimates that 555 acres of additional residential land will be needed to accommodate the anticipated population increase in the year 2000 and 2,054 acres of additional residential land will be needed to serve the 2005 population. The current Future Land Use Plan designation of MXD would allow for a maximum of 28 dwelling units, which would result an estimated population increase of 67 persons for the subject site. The proposed Future Land Use Plan designation of Professional Office would not provide any additional housing units. 8. Whether the development (if it provides housing) is proposed to meet the housing needs of the anticipated populations. The requested Future Land Use Designation is Professional Office, and, therefore, no housing will be provided with this request. 9. Hurricane evacuation re- analysis based on the proposed amendment, considering the number of persons requiring evacuation, availability of hurricane shelter spaces, and evacuation routes and times. No new housing units will be created with this request. 10. Whether the proposed amendment affects beach accessibility. The proposed amendment will not affect beach accessibility. 11. Whether the site contains habitat for species listed by federal, state or local agencies as endangered, threatened or species of special concern. (Identify the species and show the habitat location of a map). The species will be identified as part of a future development application for this site. 12. Whether the proposed amendment affects adjacent local governments. The proposed amendment is located within the City of Palm Beach Gardens and will not affect adjacent local governments. 13. Whether the amendment is based on the annual monitoring and review of the Capital Improvement Element. The proposed amendment is not based on the annual monitoring and review of the Capital Improvements Element. GACOMMONVoWGardens Station\FLUP Amendment \CompP1anAmend2.wpd LCC 35 Page 7 14. Capital Improvements re- analysis, if the amendment relates to the schedule of capital improvements, including: Public facility needs, as identified in he other plan elements, and relative priority of needs. Ability to finance the proposed capital improvements, including forecasting of revenues and expenditures, and projections of debt service obligations, tax bases, assessment ratio, millage rate, other revenue sources, operating cost considerations and debt capacity. The proposed amendment does not relate to the schedule of capital improvements. 15. If the proposal is for commercial, industrial or mixed -use land use, a market study demonstrating the economic feasibility of the development and the locational advantage over existing non - residential lands is required consistent with Policy 1.1.6.2. (NOTE: See Policy 1.1.6.4 also) The proposal is for a change from Mixed Use to Professional Office, and, therefore a market study is not required. 16. Information regarding the compatibility of the proposed land use amendment with the future land use element goals, objectives and policies, and those of other affected elements. (NOTE: This should include a list of all goals, objectives and policies which are consistent with and furthered by this proposed amendment.) All the goals, objectives and policies which are consistent with and furthered by the proposed amendment are listed below. Goals, objectives or policies are not listed if they do not apply to the plan amendment, e.g. where time certain action was required by the City. FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 1.1, Objective 1.1.1, Policies 1.1.1.1 through 1.1.1.8 require maintenance, where necessary, of the City's land development regulations in order to implement the Comprehensive Plan. The site will be designed in compliance with the City's adopted land development regulations. Goal 1.1, Objective 1.1.3, Policies 1.1.3.1 through 1.1.3.2 require development and redevelopment permits to be issued only in areas where suitable topography and soil conditions exist to support such development. Documentation will be provided through the regulatory permitting process which demonstrates that the soil and the topography are capable of supporting the proposed project. Goal 1.1, Objective 1.1.4., Policies 1.1.4.1 through 1.1.4.5 require adequate public facilities are available to service the proposed development. No significant changes to GACOMMONUobAGardens StationTLUP Amendment \CompP1anAmend2.wpd LCC 35 Page 8 the adopted levels of services are projected to occur as a result of the development of this project. No changes to the Capital Improvements Element are required in order to service this development TRAFFIC CIRCULATION ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 2.1, Objective 2.1.1, Policy 2.1.1.3 require the City to review all proposed developments for consistency with the Goals, Objectives and Policies of this plan, including consistency with the traffic circulation plans and the level of service standards. The impact of traffic generated by a proposed project on the roadway network within and serving the City shall be measured based on project build out by phases and on the radius of development influence shown on Table 2F. Please refer to the attached traffic analysis prepared by Kimley Horn and Associates, which analyzes the effect the traffic from this project will have on the road network INFRASTRUCTURE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 4.A.1, Objective 4.A.1.1, Policies 4.A.1.1 through 4.A.1.1.5 requires all submittals for development to obtain a statement of available capacity from Seacoast Utility Authority prior to site -plan approval. The issuance of building permits will require an executed developer agreement with Seacoast Utility Authority and a certificate of occupancy will not be issued prior to acceptance by Seacoast Utility Authority of the sanitary sewer facilities which service the buildings. This project will obtain the appropriate approvals from Seacoast Utility Authority for sanitary sewer at the prescribed time during the review process. Goal 4.D.1, Objective 4.13.1.1, Policy 4.D.1.1.6 states "The City shall not approve development permits, which approved, would cause potable water facilities servicing the City to operate at levels below the levels of service standards established in Policies 4.D.1.1.1 through 4.D.1.1.5." Approval of the plan amendment for this project and subsequent approvals will not cause a reduction in the specified levels of service standard Goal 4.13.1, Objective 4.D.1.5, Policies 4.D.1.5.1 through 4.D.1.5.3 require all submittals for development to obtain a statement of available capacity from Seacoast Utility Authority prior to site plan approval, an executed agreement for service prior to issuance of a building permit, and written acceptance of water facilities prior to issuance of a Certificate of Occupancy. The applicant acknowledges these regulatory sign -offs are required during the review process and will comply at the appropriate time. Goal 4.13.2, Objective 4.13.2.1, Policies 4.D.2.1.1 and 4.13.2.1.2 require water conserving plumbing fixtures in new construction and discourage the use of potable water for irrigation in new developments. The petitioner will demonstrate compliance with these requirements during the land development approval process. Goal 5.1, Objective 5.1.6, Policies 5.1.6.1 and 5.1.6.3 require that the City review, and revise, where necessary, land development regulations in order to ensure that building GACOMMONUoWGardens StationTLUP Amendment\CompP1anAmend2.wpd LCC 35 Page 9 and development activities are carried out in a way to protect life and property from hurricanes and floods. The site will be designed and maintained in compliance with the City's adopted land development regulations. Goal 5.11 Objective 5.1.7, Policies 5.1.7.1 and 5.1.7.2 require that the City coordinates and cooperates with the County in order to maintain the hurricane evacuation time as established in the Palm Beach County Peacetime Emergency Plan. The proposed development will be consistent with these goals, objectives and policies. CONSERVATION ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 6.1., Objective 6.1.5, Policies 6.1.5.1, 6.1.5.2, 6.1.5.4 and 6.1.5.5 specify the maintenance of the City's land development regulations to ensure that all ecological communities, wildlife and marine life especially endangered and rare species, are identified, managed and protected. An environmental assessment has been provided Please note than any future development on the subject site will have to meet all environmental regulations through preservation or mitigation. Goal 6.1, Objective 6.1.7 require that the City maintain any land development regulations and development policies in order to provide conservation measures on newly annexed lands to comply with the goals, objectives and policies of the Comprehensive Plan. The proposed development will be reviewed in accordance with the City's land development regulations. Goal 6.1, Objective 6.1.9, Policies 6.1.9.1 through 6.1.9.4 requires the City, in conjunction with other regulatory agencies having jurisdiction, shall ensure the protection and preservation of native habitats and maximize the provision of open space for this purpose. The City, through its site plan and subdivision review process shall endeavor to connect open space and conservation/preservation areas with pedestrian/nature trailways wherever possible. The subject site will be designed in order to achieve the City's minimum open space requirements as specified in the land development regulations. RECREATION AND OPEN SPACE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 7.1, Objective 7.1.1, Policies 7.1.1.1 through 7.1.1.3 require the City to provide active and passive recreation facilities for a broad range of activities. Demand for those facilities shall be managed through level of service standards (3.5 acres of improved neighborhood and community parks for each 1,000 permanent City residents.) The proposed plan amendment will reduce the demand for additional recreation facility by amending the existing Future Land Use designation from MXD to Professional Office. INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES: GACOMMONUobs \Gardens StationTLUP Amendment \CompP1anAmend2.wpd LCC 35 Page 10 Goal 8.1, Objective 8.1.1, Policy 8.1.1.2 requires that the City notify Palm Beach County in writing (prior to the application being considered by the City's Planning and Zoning Commission) of all applications for rezoning land which is contiguous with the County. The subject property is not contiguous to unincorporated Palm Beach County. CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 9.1, Objective 9.1.1, Policies 9.1.1.1 through 9.1.1.4 require the City to use its Capital Improvements Element to ensure construction of capital facilities in a timely manner in order to meet the public safety needs of the residents, maximize the use of existing facilities and promote orderly, compact development. The proposed development is located within the Urban Service Boundary and represents infill development. Goal 9.1, Objective 9.1.2, Policies 9.1.2.1 through 9.1.2.3 specify future development shall bear a proportionate cost of facility improvements necessitated by the development in order to maintain adopted LOS standards. The petitioner will participate in the impact fee collection system adopted by the City in order to assist the City in maintaining the adopted LOS standards. Goal 9.1, Objective 9.1.4, Policies 9.1.4.1 through 9.1.4.7 define the City's Level of Service (LOS) Standards and how those standards will be applied. This project shall comply with the City's adequate public facilities ordinance to ensure that at the time a development order or permit is issued, sufficient facility capacity is available or will be available concurrent with the impacts of the development. The proposed plan amendment will not exacerbate any existing condition of public facility capacity deficits, or generate public facility demands that may be accommodated by as planned in the 5 Year Schedule of Improvements. The request is consistent with existing land uses surrounding the site PUBLIC SAFETY ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 10.1, Objective 10.1, Policy 10.1.11 state that the City shall continue to provide adequate facilities to ensure the provision of an effective public safety program, that the City shall develop alternative funding methods to ensure that new development pay its proportionate share of the cost of providing public safety facilities, equipment, etc., and that the City prefers the use of police and fire impact fees as a method to more equitably distribute the cost for public safety services. The development shall pay its fair share impact fee for police and f re protection as specified in the City's land development regulations. 17. A description of the effect of the Comprehensive Plan elements, indicating specific changes or modifications that will be needed for internal consistency. The map change requested will not require any text changes to the Comprehensive Plan elements. G:\COMMONUobs \Gardens Station\FLUP Amendment \CompP1anAmend2.wpd LCC 35 Page 11 18. Copies of prior development approvals, including development order conditions. There are no prior development approvals which exist for the subject property. 19. Relationship of the proposal to the Evaluation and Appraisal Report, if applicable. There is no relationship between the proposed development and the EAR. 20. A listing entitled "Consistency of the Local Comprehensive Plan with the State Comprehensive Plan" prepared pursuant to Rule 9J- 5.021(4), F.A.C. Not applicable. MISCELLANEOUS b) Two copies of a certified legal survey made by a surveyor registered in the State of Florida and drawn to scale appropriate to the size of the subject property, including an accurate legal description and computation of the total area of the subject property, computed in square footage and to the nearest one -tenth (1 /10th) of an acre. Copies of certified legal surveys are attached. 2. A statement of the applicant's interest in the property to have a land use amendment, including a copy of the last recorded Warranty Deed: C) If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corporation or other business entity and that he /she in fact an officer of the corporation or other business entity. Attached is an agent's authorization form from PGA Development Associates. Also attached is a copy of the last Warranty Deed. Certified list of all property owners, mailing address and legal description of all property within 300 feet of the subject parcel, as recorded in the latest official tax roll in the County Courthouse, accompanied by a Notarized Affidavit that to the best of the applicant's knowledge, said list is complete and accurate. If the applicant is required to notify property owners, the applicant will be responsible for notification and must coordinate with the City Clerk's office. A certified list of all Property Owner's within 500 feet of the subject parcel, and a notarized affidavit are attached. 4. Stake or flag the parcel requested for a land use plan amendment revealing its exact location and boundaries. This is required to be installed at the time of application submittal. GACOMMONVobs \Gardens Station\FLUP Amendment \CompP1anAmend2.wpd LCC 35 Page 12 The subject site will be staked prior to the Public Hearing 5. A Title Certification or an updated Title Policy by an attorney, current within thirty (30) days of the application submittal date. Attached please an affidavit certifying ownership of the subject site. 6. Place a 3' X 3' sign on the property, readily visible to vehicular and pedestrian traffic, stating "THIS SITE IS BEING CONSIDERED FOR LAND USE PLAN AMENDMENT - CITY OF PALM BEACH GARDENS." This sign is to be removed from the site within ten (10) days after final action of the City Council. Such a sign shall be placed on the site prior to a public hearing and consideration by the City's Planning and Zoning Commission at the direction of the City's Planning Department. GACOMMOMobs \Gardens StationTLUP Amendment \CompP1anAmend2.wpd LCC 35 Page 13 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 08/02/01 Meeting Date: 08/16/01 Subject/Agenda Item Ordinance 28, 2001, Providing for Amendments to the Fiscal Year 2000 -2001 Budget. Recommendation /Motion: Consider a motion to approve Ordinance 28, 2001 on first reading. Reviewed by City Attorney Originating Dept.: Finance Costs: $ 0 (Total) Council Action: [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: [ ] Not Required [ ] Other Memorandum Submitted by: Holly Luzader Assistant Finance Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City a ager [ X ] Not required BACKGROUND: See attached memorandum. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ronald M. Ferris, City Manager DATE: August 3, 2001 FROM: Holly Luzader, Assistant Finance Director SUBJECT: Ordinance 28, 2001 — Budget Amendment BACKGROUND The City needs to revise the Fiscal Year 2000 -2001 Budget to more accurately reflect expected revenues and expenditures. DISCUSSION Ordinance 28, 2001, includes exhibits which detail the amendments for the Fiscal Year 2000 -2001 Budget. These exhibits reflect the changes. The changes were reviewed by each Department Head and reflect changes necessary for accurate reporting of revenues and expenditures. Items include: • An additional $90,000 expenditure for environmental remediation costs associated with the Klock property. • An additional $60,000 expenditure for the employer contribution to the Police Pension Fund. • An additional $150,000 expenditure for the employer contribution to the Fire Pension retirement. • An additional $40,000 expenditure for engineering services. • An additional $60,000 expenditure for attorney fees. • Additional $80,000 in revenue from telephone franchise fees. • Additional $80,000 in revenue from cable franchise fees. • Additional $35,000 in revenue from occupational license fees. • Additional $80,000 in revenue from building permit fees. • Additional $350,000 in revenue from miscellaneous sources. RECOMMENDATION Staff recommends approval of Ordinance 28, 2001 on first reading, providing for amendments to the Fiscal Year 2000 -2001 Budget. ORDINANCE 28, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT OF THE CITY OF PALM BEACH GARDENS BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001, INCLUSIVE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted a Budget for the 2000/2001 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously amended Fiscal Year 2000/2001 Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Items and amounts listed in the Attached Exhibit "1" are hereby amended as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2000, through September 30, 2001, inclusive. The revised expenditure totals are set forth in Exhibit "2" attached hereto; the revised revenue totals are set forth in Exhibit "3" attached hereto. SECTION 2. All Ordinances or parts thereof in conflict herewith are hereby repealed. SECTION 3. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF , 2001. PLACED ON SECOND READING THIS DAY OF , 2001. PASSED AND ADOPTED THIS DAY OF .2001. ORDINANCE 28, 2001 PAGE 2 OF 2 JOSEPH R. RUSSO, MAYOR DAVID CLARK, COUNCIL MEMBER ERIC JABLIN, VICE MAYOR LAUREN FURTADO, COUNCIL MEMBER ATTEST: BY: CAROL GOLD, MMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCIL MEMBER CLARK COUNCIL MEMBER FURTADO COUNCIL MEMBER SABATELLO CARL SABATELLO, COUNCIL MEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT City of Palm Beach Gardens Budget Amendment Information Exhibit 1 Revised Revised Budget Revisions Budget Account 2000/2001 2000/2001 2000/2001 Administration 01- 0200 - 512.1210 Salaries and wages 469,562 (4,000) 465,562 01- 0200 - 512.1410 Overtime 6,000 (2,000) 4,000 01- 0200 - 512.3150 Professional Services - other 123,560 11,500 135,060 01- 0200 - 512.3160 Professional Services - legal 325,000 60,000 385,000 01- 0200 - 512.4110 Telephone 13,200 3,000 16,200 01- 0200 - 512.4630 Office equipment repair 14,000 (3,000) 11,000 01- 0200 - 512.4710 Printing and binding 6,500 9,000 15,500 01- 0200 - 512.4910 Advertising 14,800 6,000 20,800 01- 0200 - 512.4920 Recording fees 2,000 (500) 1,500 01- 0200 - 512.5200 Materials and supplies 13,000 3,000 16,000 01- 0200 - 512.5295 Election expenses 12,000 (1,000) 11,000 01- 0210- 512.1410 Overtime 1,000 800 1,800 01- 0210 - 512.3820 Tuition reimbursement 2,880 200 3,080 01- 0200 - 512.2310 Health and life insurance 36,104 (1,000) 35,104 01- 0210 - 512.2310 Health and life insurance 9,860 1,100 10,960 01- 0220 - 512.2310 Health and life insurance 14,069 (4,100) 9,969 01- 0210 - 512.4710 Printing and binding 19,250 2,000 21,250 01 -0210- 512.5200 Materials and supplies 8,775 (3,000) 5,775 01- 0220 - 512.1210 Salaries and wages 168,257 (20,000) 148,257 01- 0220 - 512.3710 Seminar and conference 400 50 450 01- 0220 - 512.5200 Materials and supplies 24,550 (10,000) 14,550 Human Resources 01- 0300 - 513.1540 Longevity 300 (300) 0 01- 0300 - 513.2310 Health and life insurance 26,783 (2,000) 24,783 01- 0300 - 513.3120 Professional services - medical 2,240 4,000 6,240 01- 0300 - 513.3150 Professional services - other 20,610 10,000 30,610 01- 0300 - 513.3160 Professional services - legal 50,000 (10,000) 40,000 01- 0300 - 513.3710 Seminar and conference 175 1,200 1,375 01- 0300 - 513.3810 Training and education 13,299 (5,500) 7,799 01- 0300 - 513.3820 Tuition reimbursement 900 (900) 0 01- 0300 - 513.4010 Travel 995 2,000 2,995 01- 0300 - 513.4710 Printing and binding 4,850 (2,000) 2,850 01- 0300 - 513.4910 Advertising 18,200 5,000 23,200 01- 0300 - 513.5200 Materials and supplies 800 2,500 3,300 Finance 01- 0600 - 513.1210 Salaries and wages 269,832 8,000 277,832 01- 0600 - 513.1410 Overtime 300 200 500 01- 0600 - 513.2310 Health and life insurance 27,219 2,300 29,519 01- 0600 - 513.2210 Retirement contributions 22,562 (2,000) 20,562 01- 0600 - 513.3120 Professional services - medical 200 (200) 0 01- 0600 - 513.3820 Tuition reimbursement 1,350 200 1,550 01- 0600 - 513.4010 Travel 1,290 (400) 890 01- 0600 - 513.5420 Memberships and dues 335 20 355 General Services 01- 0900 - 519.2330 Disability Insurance 12,000 1,900 13,900 01- 0900 - 519.4330 Tipping fees 30,300 5,400 35,700 01- 0900 - 519.5420 Memberships and dues 14,050 2,000 16,050 City of Palm Beach Gardens Exhibit 1 Budget Amendment Information Revised Revised Budget Revisions Budget Account 2000/2001 2000/2001 2000/2001 Police 01- 1000 - 521.2310 Health and life insurance 130,848 (1,800) 129,048 01- 1000 - 521.5294 Uniforms and leather goods 3,200 500 3,700 01- 1030 - 521.1310 Part time salaries 14,976 3,000 17,976 01- 1030 - 521.1410 Overtime 203,000 47,280 250,280 01- 1030 - 521.2210 Retirement contributions 474,533 60,000 534,533 01- 1030 - 521.2310 Health and life insurance 347,619 4,000 351,619 01- 1030 - 521.2410 Workers compensation insurance 152,801 3,400 156,201 01- 1030 - 521.4010 Travel 320 300 620 01- 1030 - 521.5200 Materials and supplies 19,774 2,000 21,774 01- 1030 - 521.5294 Materials and supplies 20,165 (2,000) 18,165 01 -1040- 521.1410 Overtime 34,350 16,500 50,850 01- 1040 - 521.1530 School crossing guards 122,670 (30,000) 92,670 01- 1040 - 521.2310 Health and life insurance 56,783 (1,000) 55,783 01- 1040 - 521.4600 Repair and maintenance 5,100 490 5,590 01- 1040 - 521.6420 Equipment 10,300 (490) 9,810 01- 1070 - 521.1410 Overtime 14,800 10,000 24,800 01- 1070 - 521.2310 Health and life insurance 45,579 (3,800) 41,779 01- 1070 - 521.5200 Materials and supplies 14,442 (4,000) 10,442 01- 1070 - 521.5410 Books and subscriptions 20 150 170 01- 1080 - 521.2210 Retirement contributions 25,063 5,000 30,063 01- 1080 - 521.2310 Health and life insurance 18,262 300 18,562 01- 1080 - 521.3150 Professional services - other 6,000 4,000 10,000 01- 1080 - 521.3820 Tuition reimbursement 19,000 (4,000) 15,000 01- 1080 - 521.4010 Travel 3,990 300 4,290 01- 1080- 521.4940 Trophies and awards 1,625 100 1,725 01- 1080- 521.6400 Equipment 1,300 1,400 2,700 Fire 01- 1200- 522.1410 Overtime 300 800 1,100 01- 1200 - 522.2210 Retirement contributions 25,430 5,000 30,430 01- 1200 - 522.2310 Health and life insurance 31,403 (1,500) 29,903 01- 1200 - 522.3150 Professional services - other 119,570 15,000 134,570 01 -1200- 522.3710 Seminar and conference 0 600 600 01- 1200- 522.4010 Travel 0 1,500 1,500 01- 1200 - 522.4310 Water and sewer 12,000 10,000 22,000 01- 1200 - 522.4320 Electricity 31,000 7,000 38,000 01- 1200 - 522.4710 Printing and binding 500 500 1,000 01- 1200 - 522.4800 Community promotion 1,500 (500) 1,000 01- 1200 - 522.5200 Materials and supplies 1,000 7,000 8,000 01- 1200 - 522.6210 Capital outlay 600,000 (500,000) 100,000 01- 1200 - 522.6400 Equipment 1,200 (1,200) 0 01- 1200 - 522.7210 Interest 107,505 2,460 109,965 01- 1220 - 522.1410 Overtime 7,000 2,000 9,000 01- 1220 - 522.2210 Retirement contributions 11,322 5,000 16,322 01- 1220 - 522.4800 Community promotion 1,500 300 1,800 01- 1220 - 522.5110 Office supplies 1,300 (500) 800 01 -1220- 522.5420 Memberships and dues 535 400 935 01- 1230 - 522.1410 Overtime 162,000 60,000 222,000 01- 1230 - 522.1510 Incentive pay 58,770 15,000 73,770 City of Palm Beach Gardens Budget Amendment Information Exhibit 1 Account Overtime Revised Budget 2000/2001 Revisions 2000/2001 Revised Budget 2000/2001 01- 1230 - 522.2210 Retirement contributions 158,290 90,000 248,290 01- 1230 - 522.2310 Health and life insurance 271,225 8,500 279,725 01- 1230 - 522.3810 Training and education 7,500 (2,000) 5,500 01- 1230 - 522.3820 Tuition reimbursement 17,000 2,000 19,000 01- 1230 - 522.4010 Travel 2,510 200 2,710 01- 1230- 522.4110 Telephone 0 1,800 1,800 01- 1230 - 522.4420 Equipment rental 10,140 (2,000) 8,140 01- 1230 - 522.4600 Repair and maintenance 76,000 25,000 101,000 01- 1230 - 522.4710 Printing and binding 150 200 350 01- 1230 - 522.5110 Office supplies 500 500 1,000 01- 1230 - 522.5200 Materials and supplies 59,222 (4,000) 55,222 01- 1230 - 522.5294 Uniforms and leather goods 49,710 (10,000) 39,710 01- 1230 - 522.6400 Equipment 20,800 1,600 22,400 01- 1240- 526.1210 Salaries and wages 1,092,969 7,000 1,099,969 01- 1240 - 526.1410 Overtime 89,000 70,000 159,000 01- 1240 - 526.1540 Longevity 20,100 (7,000) 13,100 01- 1240 - 526.2210 Retirement contributions 95,333 50,000 145,333 01- 1240 - 526.2310 Health and life insurance 145,212 (12,000) 133,212 01- 1240 - 526.3120 Professional services - medical 6,700 (3,000) 3,700 01- 1240 - 526.4010 Travel 4,580 (1,000) 3,580 01- 1240 - 526.4600 Repair and maintenance 27,800 2,000 29,800 01- 1240 - 526.4800 Community promotion 1,160 500 1,660 01- 1240 - 526.5110 Office supplies 500 300 800 01- 1240 - 526.5294 Uniforms and leather goods 37,095 (10,000) 27,095 01- 1240 - 526.6400 Equipment 1,800 6,000 7,800 Growth Management 01- 1400 - 515.1410 Overtime 800 500 1,300 01- 1400 - 515.2310 Health and life insurance 8,616 (2,800) 5,816 01- 1400 - 515.3150 Professional services - other 2,000 (730) 1,270 01- 1400 - 515.3810 Training and education 0 60 60 01- 1400 - 515.5420 Memberships and dues 510 300 810 01- 1420 - 515.2310 Health and life insurance 31,933 7,000 38,933 01- 1420 - 515.3150 Professional services - other 322,500 10,000 332,500 01- 1420 - 515.3820 Tuition reimbursement 3,600 2,000 5,600 01- 1420 - 515.4710 Printing and binding 2,925 2,000 4,925 01- 1420 - 515.5200 Materials and supplies 2,806 1,200 4,006 01- 1430 - 515.1210 Salaries and wages 125,478 (10,000) 115,478 01- 1430 - 515.1310 Part time salaries 14,000 (3,000) 11,000 01- 1430 - 515.1540 Longevity 300 (300) 0 01- 1430 - 515.2310 Health and life insurance 14,214 (2,800) 11,414 01- 1430 - 515.3150 Professional services - other 7,795 2,000 9,795 01- 1430 - 515.3710 Seminar and conference 225 200 425 01- 1430 - 515.3810 Training and education 1,400 (500) 900 01- 1430 - 515.4110 Telephone 720 700 1,420 01- 1440 - 524.1410 Overtime 800 (800) 0 01- 1440 - 524.2310 Health and life insurance 42,406 (1,800) 40,606 01- 1440 - 524.4600 Repair and maintenance 500 (400) 100 01- 1440 - 524.5110 Office supplies 1,990 400 2,390 01- 1450 - 515.3150 Professional services - other 425,000 40,000 465,000 City of Palm Beach Gardens Exhibit 1 Budget Amendment Information Revised Revised Budget Revisions Budget Account 2000/2001 2000/2001 2000/2001 Recreation 01- 2000 - 572.2310 Health and life insurance 18,423 1,100 19,523 01- 2000 - 572.4010 Travel 2,595 800 3,395 01- 2000 - 572.4310 Electricity 245,000 10,000 255,000 01- 2000 - 572.4600 Repair and maintenance 5,030 (2,000) 3,030 01- 2000 - 572.5410 Books and subscriptions 0 140 140 01- 2000 - 572.5420 Memberships and dues 750 100 850 01- 2020 - 572.1310 Part time salaries 64,813 9,000 73,813 01- 2020 - 572.3710 Seminar and conference 150 10 160 01- 2020 - 572.4420 Equipment rental 360 2,500 2,860 01- 2020 - 572.5410 Books and subscriptions 0 100 100 01- 2020 - 572.6400 Equipment 2,500 1,500 4,000 01- 2030 - 572.2310 Health and life insurance 11,283 2,000 13,283 01- 2040 - 572.1410 Overtime 600 1,300 1,900 01- 2040 - 572.2310 Health and life insurance 25,645 3,000 28,645 01- 2040 - 572.3710 Seminar and conference 300 50 350 01- 2040 - 572.3810 Training and education 500 (300) 200 01- 2040 - 572.4420 Equipment rental 1,500 (800) 700 01- 2040 - 572.5200 Materials and supplies 6,800 (2,000) 4,800 01- 2080 - 519.1210 Salaries and wages 576,595 (40,000) 536,595 01- 2080 - 519.1410 Overtime 20,000 10,000 30,000 01- 2080 - 519.2310 Health and life insurance 84,472 (3,500) 80,972 01- 2080 - 519.3150 Environmental remediation 175,000 90,000 265,000 01- 2080 - 519.3400 Contractual services 23,264 10,000 33,264 01- 2080 - 519.4420 Equipment rental 9,347 10,000 19,347 01- 2080 - 519.4600 Repair and maintenance 113,400 16,850 130,250 01- 2080 - 519.5410 Books and subscriptions 50 30 80 01- 2080 - 519.5420 Memberships and dues 85 30 115 01- 2080 - 519.6300 Land and improvements 338,000 (112,500) 225,500 City of Palm Beach Gardens Exhibit 1 Budget Amendment Information Revised Revised Budget Revisions Budget Account 2000/2001 2000/2001 2000/2001 Public Works 01- 3000 - 539.1310 01- 3000 - 539.1410 01- 3000 - 539.1540 01- 3000 - 539.2210 01- 3000 - 539.2310 01- 3000 - 539.3150 01- 3000 - 539.4320 01- 3000 - 539.5200 01- 3030 - 539.2310 01- 3040 - 541.1210 01- 3040 - 541.2310 01- 3050 - 541.2310 01- 3060 - 541.1540 01- 3060 - 541.2310 01- 3060 - 541.3400 01- 3060 - 541.6400 Total General Fur Part time salaries Overtime Longevity Retirement contributions Health and life insurance Professional services - other Electricity Materials and supplies Health and life insurance Salaries and wages Health and life insurance Health and life insurance Longevity Health and life insurance Contractual services Equipment id Expenditure revision 02- 1000 - 521.3810 Training and education 02- 1000 - 521.4010 Travel Total Police Training Fund Expenditure revision 22,100 (6,900) 15,200 2,000 600 2,600 11,412 (8,000) 3,412 19,751 (8,000) 11,751 30,697 3,000 33,697 3,850 9,000 12,850 28,000 5,000 33,000 26,645 (7,000) 19,645 47,932 (6,800) 41,132 183,175 (15,000) 168,175 30,730 (1,600) 29,130 33,060 (2,000) 31,060 600 5,000 5,600 40,846 5,000 45,846 703,460 (700,000) 3,460 850 1,500 2,350 (651,000) 10,000 1,000 11,000 6,048 4,400 10,448 5,400 City of Palm Beach Gardens Expenditure Summary by Fund Revised Revised Budget Revisions Budget 2000/2001 2000/2001 2000/2001 General Fund City Council Department $109,956 $109,956 Administration Department Administrative Services 1,201,413 81,000 1,282,413 Resident Services 139,449 1,100 140,549 Information Systems 387,496 (34,050) 353,446 Total Administration Department 1,728,358 48,050 1,776,408 Human Resources Department 441,967 4,000 445,967 Finance Department 506,310 8,120 514,430 General Services Department 3,234,643 9,300 3,243,943 Police Department Administration 1,909,223 (1,300) 1,907,923 Road Patrol 5,073,699 117,980 5,191,679 Traffic 1,032,563 (14,500) 1,018,063 Detective 697,398 2,350 699,748 Professional Standards and Training 345,761 7,100 352,861 Total Police Department 9,058,644 111,630 9,170,274 Fire Department Administration 1,371,962 (453,340) 918,622 Life Safety Services 299,751 7,200 306,951 Fire Suppression 3,572,651 186,800 3,759,451 EMS 2,098,780 102,800 2,201,580 Total Fire Department 7,343,144 (156,540) 7,186,604 Growth Management Department Administration 198,417 (2,670) 195,747 Planning and Zoning 855,242 22,200 877,442 Code Enforcement 232,156 (13,700) 218,456 Building 515,212 (2,600) 512,612 Engineering 426,766 40,000 466,766 Total Growth Management Department 2,227,793 43,230 2,271,023 Parks and Recreation Department Administration 579,322 10,140 589,462 Aquatics 140,468 13,110 153,578 Athletics 185,414 2,000 187,414 Programs 339,899 1,250 341,149 Grounds and Facilities 2,008,291 (19,090) 1,989,201 Total Parks and Recreation Department 3,253,394 7,410 3,260,804 Exhibit 2 City of Palm Beach Gardens Expenditure Summary by Fund Exhibit 2 Revised Revised Budget Revisions Budget 2000/2001 2000/2001 2000/2001 Public Works Department Administration 480,540 (12,300) 468,240 Facilities Maintenance 479,859 (6,800) 473,059 Canal 914,268 (16,600) 897,668 Swale Maintenance 1,058,821 (2,000) 1,056,821 Mowing and Landscaping 550,854 (688,500) (137,646) Total Public Works 3,484,342 (726,200) 2,758,142 General Fund $31,388,551 ($651,000) $30,737,551 Interfund Transfers 1,292,792 0 1,292,792 Total General Fund $30,095,759 ($651,000) $29,444,759 Golf Course Fund Pro shop $ 1,326,405 0 1,326,405 Restaurant 124,200 0 124,200 Maintenance 456,135 0 456,135 Total Golf Course Fund $ 1,906,740 $ - $ 1,906,740 Fleet Management Fund 1,639,900 1,639,900 Gas Tax Fund 690,000 0 690,000 Recreation Programs 1,163,393 0 1,163,393 Police Training Fund 16,048 5,400 21,448 Recreation Impact Fund 925,000 0 925,000 Police Impact Fund 355,220 355,220 Fire Impact Fund 394,400 0 394,400 Art Impact Fund 650,000 650,000 2000 Capital Projects Fund 1,205,000 0 1,205,000 Police Grant Fund 44,000 44,000 Total All Funds 40,378,252 (645,600) 39,732,652 Interfund Transfers 1,717,977 1,717,977 Total Less Interfund Transfers 38,660,275 (645,600) 38,014,675 Exhibit 2 City of Palm Beach Gardens Revenue Detail by Fund Account Title Revised Budget 2000/2001 Revisions 2000/2001 Revised Budget 2000/2001 General Fund Police Grants 194,000 194,000 Taxes Recreation Grants 262,500 (220,000) 42,500 01- 311.1000 General Obligation $ 1,486,293 $ 1,486,293 01- 311.2000 General Operating Revenue 17,006,000 (22,000) 16,984,000 01- 313.1000 Electricity Franchise 2,600,000 3,000 2,600,000 01- 313.2000 Telephone Franchise 98,000 80,000 178,000 01- 313.5000 Cable TV Franchise 275,000 80,000 355,000 01- 313.6000 Solid Waste Franchise 50,000 (200,000) 50,000 Total Taxes County Occupational Licenses 21,515,293 138,000 21,653,293 Licenses and Permits 01- 321.0000 Professional & Occupational 01- 322.0000 Building Permits Total Licenses and Permits Intergovernmental 975,000 35,000 1,010,000 1,000,000 80,000 1,080,000 1,975,000 115,000 2,090,000 01- 334.9000 Federal /State Grants 900,000 (700,000) 200,000 01- 334.9010 Police Grants 194,000 194,000 01- 334.9020 Recreation Grants 262,500 (220,000) 42,500 01- 335.1200 State Revenue Sharing 700,000 700,000 01- 335.1400 Mobile Home Licenses 17,000 3,000 20,000 01- 335.1500 Alcoholic Beverage Licenses 25,000 3,000 28,000 01- 335.1800 Half Cent Sales Tax 2,550,000 8,000 2,550,000 01- 335.6500 Other state shared revenue 25,000 (100,000) 25,000 01- 337.9000 Grants from other local units 300,000 (200,000) 100,000 01- 338.2000 County Occupational Licenses 82,000 1,029,000 82,000 Total Intergovernmental 5,055,500 (1,114,000) 3,941,500 Charges for Services 01- 342.2100 Fire Inspection Fees 160,000 (70,000) 90,000 01- 342.6000 EMS Transport Fees 715,000 715,000 01- 342.8000 Engineering Fees 0 0 01- 342.9000 Police Training Fees 0 0 01- 347.2400 Swimming Pool Fees 13,000 13,000 01- 347.2600 Tennis Fees 45,000 10,000 55,000 01- 347.2700 Interim Service Fees 9,000 8,000 17,000 01- 347.2800 Application Filing Fees 235,000 (100,000) 135,000 01- 349.1000 Parkway Tree Sales 4,000 4,000 Total Charges for Services 1,181,000 (152,000) 1,029,000 01- 351.1000 Court Fines 300,000 300,000 01- 351.1020 Parking Fines 8,000 8,000 01- 351.1030 Code Enforcement Fines 2,000 12,000 14,000 Total Fines and Forfeitures 310,000 12,000 322,000 Exhibit 3 City of Palm Beach Gardens Exhibit 3 Revenue Detail by Fund Revised Revised Budget Revisions Budget Account Title 2000/2001 2000/2001 2000/2001 01- 361.0000 Interest 550,000 550,000 01- 361.1000 Interest on Property Taxes 32,000 32,000 Total Interest 582,000 0 582,000 Miscellaneous 01- 369.0000 Other Miscellaneous Revenue 150,000 350,000 500,000 Transfers 01- 383.0000 Transfer In 256,225 256,225 Appropriated Fund Balance 01- 389.0000 Appropriated Fund Balance 363,533 363,533 Total Appropriated Fund Balance 363,533 0 363,533 Total General Fund $ 31,388,551 $ (651,000) $ 30,737,551 Golf Course Fund Charges for Services 09- 347.5010 Greens Fees $ 723,200 $ 723,200 09- 347.5020 Cart Fees 570,600 570,600 09- 347.5030 Driving Range 35,000 35,000 09- 347.5050 Pro Shop Sales 85,800 85,800 09- 347.5070 Prepaid Permits 126,400 126,400 09- 347.5080 Food Sales 108,900 108,900 09- 347.5090 Beverage Sales 71,900 71,900 Total Charges for Services 1,721,800 - 1,721,800 09- 361.0000 Interest 78,000 78,000 09- 369.0000 Miscellaneous Golf Revenue 10,000 10,000 09- 383.0000 Transfer In 150,000 150,000 Total Golf Course $ 1,959,800 $ - $ 1,959,800 Gas Tax Fund 16- 312.3000 Local Option Gas Tax $ 590,000 $ 590,000 16- 331.9000 FEMA Grant - - 16- 361.0000 Interest 10,000 10,000 16- 383.1000 Loan Proceeds - - 16- 389.0000 Appropriated Fund Balance 90,000 90,000 Total Gas Tax Fund $ 690,000 $ - $ 690,000 Recreational Programs Fund 14- 348.1001 Programs $ 426,400 $ 426,400 14- 348.1201 Sports 194,100 194,100 14- 348.1401 Aquatics 43,500 43,500 14- 348.1501 Special Interest 450,800 450,800 14- 348.1601 Special Events 47,400 47,400 Total Charges for Services 1,162,200 - 1,162,200 14- 361.0000 Interest 13,000 13,000 14- 369.0000 Miscellaneous Revenue - - - Total Recreational Programs Fund $ 1,175,200 $ $ 1,175,200 City of Palm Beach Gardens Exhibit 3 Revenue Detail by Fund Revised Revised Budget Revisions Budget Account Title 2000/2001 2000/2001 2000/2001 Fleet Management Fund 031 - 383.0000 Lease proceeds $ 21,832 $ 21,832 031 - 369.1000 Insurance proceeds 45,000 45,000 31- 361.0000 Interest 20,000 20,000 31- 381.0000 Transfers 1,307,752 1,307,752 31- 389.0000 Appropriated Fund Balance 15,316 15,316 Total Fleet Management Fund $ 1,409,900 $ - $ 1,409,900 Police Training Fund 02- 361.0000 Interest $ 600 $ 900 $ 600 02- 351.1000 Fines and Forfeitures 15,000 4,500 15,000 02- 389.0000 Appropriated Fund Balance 448 448 Total Police Training Fund $ 16,048 $ 5,400 $ 16,048 Recreation Impact Fund 03- 361.0000 Interest $ 25,000 $ 25,000 03- 369.3200 Impact Fees 200,000 200,000 03- 389.0000 Appropriated Fund Balance 700,000 700,000 Total Recreation Impact Fund $ 925,000 $ - $ 925,000 Police Impact Fund 12- 361.0000 Interest $ 5,000 5,000 12- 369.3200 Impact Fees 100,000 100,000 12- 389.0000 Appropriated Fund Balance 250,220 250,220 Total Police Impact Fund $ 355,220 $ - $ 355,220 Fire Impact Fund 13- 361.0000 Interest $ 15,000 $ 15,000 13- 369.3200 Impact Fees 15,000 15,000 13- 389.0000 Appropriated Fund Balance 364,400 364,400 Total Fire Impact Fund $ 394,400 $ $ 394,400 Art Impact Fund 17- 361.0000 Interest $ 12,000 12,000 17- 369.3700 Impact Fees 100,000 100,000 17- 389.0000 Appropriated Fund Balance 538,000 538,000 Total Art Impact Fund $ 650,000 $ - $ 650,000 2000 Capital Projects Fund 24- 361.0000 Interest $ 5,000 $ 5,000 24- 384.0000 Bond Proceeds - - 24- 389.0000 Appropriated Fund Balance 1,205,000 1,205,000 Total 1999 Capital Projects Fund $ 1,210,000 $ $ 1,210,000 Police Grant Fund 101 - 334.9010 $ 40,000 $ 40,000 101- 381.0000 4,000 4,000 Total Police Grant Fund $ 44,000 $ - $ 44,000 Total All Funds $ 40,218,119 $ (645,600) $ 39,567,119 Interfund Transfers 1,717,977 1,717,977 Total less Interfund Transfers $ 38,500,142 $ (645,600) $ 37,849,142 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: August 16, 2001 Date Prepared: August 1, 2001 SUBJECT /AGENDA ITEM CU -00 -03 Temple Beth David Conditional Use and Site Plan Amendment First Reading of Ordinance 29, 2001: A request by Larry Winker, agent for Northern Palm Beach County Jewish Community Center, Inc., for Conditional Use Amendment (CU) approval for Temple Beth David to increase the square footage by 21,787 square feet. The site is located on the north side of Hood Road, halfway between Military Trail and Central Boulevard, at 4657 Hood Road. RECOMMENDATION Staff recommends approval of Ordinance 29, 2001. Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission Growth Management: Action: Principal Planner, Karen M. Craver, P Project Costs: $ Total [ ] Approved [X] App. w/ conditions City Attorney Manager [ ] Denied Kara Irwin $ [ ] Rec. approval Finance NA Current FY [ ] Rec. app. w/ conds. Human Res. NA [ ] Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth Date:. ]Operating [ g * Table 1 Manage Director_ Q► 61lC (L4 Paper: [X] Other NA e Table 2 *Ordinance 29, 2001 Charles K. Wu, AICP •Site Plan * Landscape Plan Approved by: [ ] Not Required Budget Acct. #: a Elevations City Manager NA * Conceptual Drainage Affected parties: [: I Notified / [X] Not Required [ ]None City Council Meeting Date: August 16, 2001 Date Prepared: August 1, 2001 Petition CU -00 -03 REQUEST Larry Winker, agent for Northern Palm Beach County Jewish Community Center, Inc., is requesting Conditional Use Amendment (CU) approval for Temple Beth David. The 5.0 -acre site currently contains an 8,308 square foot facility. The applicant proposes to increase the square footage by 21,787 square feet; however, the building will be 1,991 square feet smaller than what was previously approved by the City Council in July 1997. The site is located on the north side of Hood Road, halfway between Military Trail and Central Boulevard (36 -41 S -42E). BACKGROUND Palm Beach County originally approved the Temple Beth David Master Plan in 1982 as a "Special Exception Use ". The Master Plan approved by the County originally permitted a total of approximately 21,494 square feet. In October 1988, the site was annexed into the City by Ordinance 41, 1988. The City initially designated the site with an RL -1 Residential Low density zoning district, and the City initiated a rezoning to RH- Residential High in order to be consistent with the existing future land use designation of RH. The rezoning was approved by City Council on July 2, 1997. The applicant applied to City Council for a conditional use approval for an additional 23,778 square feet in July of 1997. The City Council approved the request with eight conditions of approval; however, the applicant did not commence construction of the expansion. At this time, the applicant proposes to expand the existing temple, but requires an amendment to the original conditional use approval to do so. The Temple Beth David expansion will include the addition of a Sanctuary to seat 275 persons, a Social Hall with related kitchen and storage areas, along with lobby areas and restrooms. The initial phase will also include new classrooms, additional restrooms, and a multi -use library space. The applicant is also seeking approval for the second phase of the project, which is the addition of 1,800 square feet of office space. Included in the attachments are the previously approved building elevations, which have been significantly altered. The previously approved plan was a more traditional design with more architectural detail and elaborate roof treatments. The new elevations show a more contemporary architectural styling. The building is modest compared to the previously approved design, yet is more compatible with the surrounding development. LAND USE & ZONING The subject site is zoned RH- Residential High with a conditional use overlay, has a future land use designation of RH- Residential High, and is listed as RM- Residential Medium on the Vision Plan. 2 City Council Meeting Date: August 16, 2001 Date Prepared: August 1, 2001 Petition CU -00 -03 CONCURRENCY Concurrency was approved on May 9, 2001. PROJECT DETAILS Building Site The applicant is proposing some significant changes from the previously approved plan. The exterior walls have two separate exterior finishes and three colors. The applicant will be alternating colors and textures on the exterior walls. Medium /light beige (Benjamin Moore #115) will be used for the rough textured stucco finish while a light beige (Benjamin Moore #911) and Medium beige (Benjamin Moore #117) will be used for the smooth textured stucco walls. The alternation of color and finish on the exterior walls is meant to provide depth and richness to the building. The existing building has two exterior finishes. The lower portion of the building exterior has a simulated masonry "dryvit" system with a dark beige color. The upper portion of the exterior walls has a smooth stucco finish with a light beige color finish. The proposed roof elevations will be flat. The applicant has omitted the previously approved copper colored six - barrel vaults along two sides of the sanctuary and the copper colored dome roofing, along with the proposed stained glass windows. Site Access The site currently has access from Hood Road at the southeast corner of the site. The site also shares an ingress /egress with Gardens Presbyterian Church, which is adjacent to the west side of the Temple. The shared access point can be accessed only by westbound traffic. Signage The applicant is proposing a ground sign located at the shared access road. The monument sign will be masonry wall with a stucco finish to match the building wall finish and painted a light/medium beige (Benjamin Moore #115). The sign will be 12' in width and 5' in height. The lettering will be 9" high bronze lettering with a 24" bronze Star of David. Landscaping /Buffering The applicant has provided 55.5% Open Space on the site which requires 8.0 points per 100 square feet. The applicant is required to have 9,675 points and has provided 9,680 points for the total site. The applicant has provided an 8' landscape buffer along the east property line and the rear property line. The applicant proposes to preserve all existing slash pines with a CAL greater than 4" DBH in accordance with regulations of the City of Palm Beach Gardens. Phasing The applicant proposes two phases of development: the addition of 19,987 square feet including 3 City Council Meeting Date: August 16, 2001 Date Prepared: August 1, 2001 Petition CU -00-03 the sanctuary, social hall, classrooms, lobby, and kitchen and storage areas, in the first phase; and 1,800 square feet of office space in the second phase. Drainage The proposed expansion of the Temple Beth David has legal positive outfall. Discharge from the site will pass through neighboring Gardens Presbyterian Church (drainage easement per O.R.B. 11592 Page 1215) and then northward to the EPB -3B canal via a recorded easement (O.R.B 10551 Page 907). Northern Palm Beach County Improvement District has issued a permit for this outfall system. Stormwater runoff will be collected through a series of inlets and distributed to detention areas via a network of underground pipes. The detention areas will be sized to provide necessary water quality treatment and quantity storage as established by South Florida Water Management District criteria and the City's Land Development Regulations. Discharge will be controlled by a weir /bleeder system prior to offsite flow. COMMENTS FROM THE PLANNING AND ZONING COMMISSION On July 10, 2001 the Planning and Zoning Commission held an advertised public hearing on this petition. The Commission voted 7 -0 to recommend approval of this petition to City Council, with a condition that the applicant landscape and maintain the median that fronts the temple. STAFF RECOMMENDATION Staff recommends approval of petition CU -00 -03 with the following two conditions of approval: 1. Prior to the issuance of the `Certificate of Occupancy', Temple Beth David shall landscape, irrigate, and maintain 120' of the 500' Hood Road median that is directly in front of the Temple site. The landscaping shall adhere to the Hood Road landscape plan prepared by the Gardens Presbyterian Church. 2. The total capacity for this site, throughout each of the two phases and at completion, shall be limited to a maximum of 275 sanctuary seats, 102 students, and 120 parking spaces. 4 City Council Meeting Date: August 16, 2001 Date Prepared: August 1, 2001 Petition CU -00 -03 TABLE 1 EXISTING USE ZONING LANDY USET` m F Subject Property Residential High (RH) w/ Public /Institutional Conditional Use Overlay Residential — High (RH) North Residential High (RH) Vacant /Undeveloped Residential —High (RH) Planned Development Area (PDA) South Residential High (RH) Vacant /Undeveloped Residential — High (RH) Planned Development Area PDA East Vacant /undeveloped Residential Medium (RM) Residential- Medium (RM) Planned Development Area (PDA) West I Residential High (RH) w/ Planned I Residential High (RH) Public /Institutional Unit Development (PDA) Overlay 5 City Council Meeting Date: August 16, 2001 Date Prepared: August 1, 2001 Petition CU -00 -03 TABLE 2 ' NSISTENCY CO WITH�THE C9C? E��� y .. Ground Signs for RH = 330 feet Code Requirement Proposed Plan Consistent? Dimensions Minimum Building Site for 21,787 Yes RH = 11,000 sq ft Yes Height = 10 feet max Minimum Site Width for: RH = 90 Yes Yes feet 330.03 feet Wall Signs Maximum Building Lot 13.8% Yes Coverage for RH: 35% LF of ROW Maximum Building Height for RH: 36 feet Yes 45 feet Yes feet from property line and 50 feet Front Setback for: 55 feet Yes RH: 55 feet Required Parking: One space Side Setback for: 52 feet Yes RH: >7.5 or 10% Minimum Landscaping Points = 33 feet Yes (Common Space): Rear Setback for: 366 feet Yes RH = 20 +1' for each foot above 2 stories = 36 feet Signage y �r Ground Signs for RH = 330 feet One (1) ground sign Yes ROW = One (1) ground sign Dimensions Area = 60 square feet max Area = 60 square feet Yes Height = 10 feet max Height = 5 feet Yes Length = 15 feet max Length = 12 feet Yes Wall Signs N/A Yes One (1) for parcel w/ at least 100 LF of ROW Setbacks for Signage RH = 15 15 feet Yes feet from property line and 50 feet 50 feet Yes from side pr o pert line Required Parking: One space One space per bedroom Yes per bedroom Minimum Landscaping Points 9,680.2 pts Yes (Common Space): 8 pts /100 square feet 9,675 pts Sidewalks Meandering 8 foot Yes A ORDINANCE 29, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A CONDITIONAL USE FOR THE EXPANSION OF A TEMPLE, INCLUDING THE CONSTRUCTION OF SOCIAL HALL, A FUTURE SANCTUARY WITH A MAXIMUM OF 275 SEATS, KITCHEN AND STORAGE FACILITIES, LOBBY AND RESTROOM FACILITIES, EXPANSION OF THE EDUCATIONAL FACILITIES TO ACCOMMODATE A MAXIMUM OF 102 STUDENTS, AND FUTURE OFFICES, TO BE LOCATED ON A 5 -ACRE SITE LOCATED ON THE NORTH SIDE OF HOOD ROAD, HALFWAY BETWEEN MILITARY TRAIL AND CENTRAL BOULEVARD, AT 4657 HOOD ROAD; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance 41, 1988, annexing the 5 -acre parcel into the City of Palm Beach Gardens, which contained a 8,308 square foot structure; and WHEREAS, the City Council approved Resolution 71, 1997, for the expansion of the Conditional Use to allow for an additional 23,778 square feet of development; and WHEREAS, the City has received a petition from Temple Beth David (CU- 00 -03), to approve an amendment to the previous Conditional Use approval to allow an addition of 21,787 square feet for the construction of a Social Hall, a future Sanctuary with a maximum of 275 seats, Kitchen and Storage facilities, Lobby and Restroom facilities, expansion of the Educational facilities to accommodate a maximum of 102 students, and Future Offices in lieu of the previously approved 23,778 square feet; and WHEREAS, the 5 -acre site is currently zoned Residential — High Density (RH); and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on July 10, 2001, the Planning and Zoning Commission recommended approval of petition CU -00 -03 with conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, approves a conditional use for the construction of a Social Hall, a future Sanctuary with a maximum of 275 seats, Kitchen and Storage facilities, Lobby and Restroom facilities, expansion of the Educational facilities to accommodate a maximum of 102 students, and Future Offices. Section 2. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: (1) August 2, 2001 Master Site Plan (MSP1), Larry J. Winker, 1 sheet total. (2) August 2, 2001 Site Plan Details (SPD), Larry J. Winker, 1 sheet total (3) July 25, 2001 Landscape development Plan (L -1), Gentile, Holloway, O'Mahoney & Associates, 1 sheet total. (4) February 2001 Floor Plan (Al), Larry J. Winker, 1 sheet total. (5) February 2001 Roof Plan (A3), Larry J. Winker, 1 sheet total. (6) January 6, 2001 Exterior Elevations (A4 -A5), Larry J. Winker, 2 sheets. (7) November 17, 2000 Existing Building Elevations, Larry J. Winker, 1 sheet total. (8) July 17, 2001 Paving, Grading and Drainage, DiFonte Consulting, Sheet 3 of 9, 1 sheet total. (9) August 3, 2001 Photometric Plan (E 1.2), CALCS, 1 sheet total. Section 3. Said conditional use approval shall comply with the following conditions which shall be applicable to the applicant, its successors, and assigns: 1. Prior to the issuance of the "Certificate of Occupancy ", Temple Beth David shall landscape, irrigate and maintain 120' of the 500' Hood Road that is directly in front of the Temple site. The landscaping shall adhere to the Hood Road landscape plan prepared by the Gardens Presbyterian Church. 2. The total capacity for this site, throughout each of the two phases and at completion, shall be limited to a maximum of 275 sanctuary seats, 102 students, and 120 parking spaces. Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. Section 5. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, 2 which are in conflict with this Ordinance, are hereby repealed. Section 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 16`h DAY OF AUGUST 2001. PLACED ON SECOND READING THIS DAY OF SEPTEMBER 2001. PASSED AND ADOPTED THIS DAY OF SEPTEMBER 2001. SIGNED: MAYOR JOSEPH R. RUSSO V IIrC Ivim 1 %Jrx Cr-%Ili JFIE:)LIIV ATTESTED BY: CAROL GOLD, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN CARL SABATELLO COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT K3 s S � S S o ' S I i e 3 m° D 3 ®� a D 2 m n uoani E 1 g�$ Vis I; b I �A r ` CENTRAL BOULEVARD ___.....__...-- -. ------------------- ate Ta ao . Ha. w. c ya A ��g r� manes �� ii y A gig xxx €sm fie S. e - III R 1 I I i 1 I a , -------- - - - -- e I LT T J I W$ 4 Gr TEMPLE BETH ESA IIE) El EVE LOPMENTAL PLAN 8, SITE D>E\/ELOPMENT mm 2 m'� M57 HOOD ROAD n ��. PALM BEACH GARDENS, FLORIDA 33418 i i m I r Z m '0 0 SI YI �a a $ m b F of R6g lm� n 47 4 L7 9F. In II � II 90„ C 2 t I vAP L I I � I ' 1 � � e 4 Y 4 D� > I o �4 514 -------------- g YI �a a $ m b F of R6g lm� n 47 4 L7 9F. 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IELOPMENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 16, 2001 Prepared on: August 6, 2001 SUBJECT /AGENDA ITEM Public Hearing and First Reading of Ordinance 22, 2001, regarding a Future Land Use Map amendment to change the land -use designation of a 13.5 -acre parcel from Mixed Use to Commercial at the southwest corner of Donald Ross Road and Central Boulevard (Blvd.), northwest of Dwyer High School. RECOMMENDATION Staff recommends denial of Ordinance 22, 2001. Reviewed by: originating Dept.: Costs: $ Council Action: Total City Attorne 45;' CA Growth Management [ ] Approved Finance �� $ Current FY [ ] Approved w/ ACM conditions Human Res. NA [ ] Denied Other NA Advertised: Funding Source: [ ] Continued to: Attachments: Date:8 /8/2001 [ ] Operating Ordinance 22, 2001 Paper: Palm Beach Pa p [ ] Other . Applicant Justification Post Statement • Mixed -Use Attachment • Permitted Uses Attachment [X] Required • Location Map t d b *N1 Aa�efne Affected parties Budget Acct. #:: Director otified [ ] None Approved b City Ma g 0 Not Required l City Council Meeting Date: August 16, 2001 Date Prepared: August 6, 2001 Petition: LU -00 -07 REQUEST: Urban Design Studio, agent, is proposing a large -scale land -use map amendment to the City's Comprehensive Plan. The amendment changes the current land -use designation of a 13.5 -acre parcel from Mixed Use to Commercial. The subject parcel, known as Parcel 4.10, is located at the southwest corner of Donald Ross Road and Central Boulevard (Blvd.), northwest of Dwyer High School. HISTORY: On July 5, 2001, the City Council did not approve transmittal of the proposed amendment to the Florida State Department of Community Affairs (DCA) by a vote of 2 -2. On August 2, 2001, the City Council voted 4 -1 to reconsider the subject amendment on August 16, 2001. BACKGROUND: The subject parcel is currently vacant and undeveloped. The petitioner is requesting the land -use change to Commercial to allow the future development of the site as a Planned Unit Development (PUD) with one land -use due to the size of the subject parcel. Some of the land -use activities may include a retail and flex -space facility. The current zoning classification of the parcel is Planned Development Area (PDA). The PDA classification is a holding zone that requires the development of the site as a PUD or Planned Community District (PCD), depending on the size of the parcel. LAND USE COMPATIBILITY WITH SURROUNDING AREA: The subject parcel is surrounded by properties whose land -use designations consist of Residential Low to the west, Residential Low and Public to the south, Commercial /Residential (Abacoa) to the north, Commercial and Mixed Use to the east. The proposed Commercial use is not compatible with the surrounding land -uses, since potential commercial activities would be immediately adjacent to a large tract of land designated Residential Low. The current designation of Mixed Use is the most appropriate land use for this particular site for two reasons. First, the Mixed Use designation maintains the current land - use symmetry envisioned by the City for this particular intersection, which is the northern gate to the City. The parcel located at the southeast corner, on the opposite side of the subject parcel, is also designated Mixed Use. Two small areas located at the corner of each parcel have been designated Commercial. Both parcels, on each side of Central Blvd., taken together, complete a semi - circle designated Commercial and a rectangular designated Mixed Use. 2 City Council Meeting Date: August 16, 2001 Date Prepared: August 6, 2001 Petition: LU -00 -07 Second, the Mixed Use designation for this parcel and for the other parcel, across the street, is intended to serve as a buffer between the residential areas surrounding the two sites and the commercial uses located at the southeast and southwest of the intersection of Donald Ross Road and Central Blvd. Granting the land -use change, would place impacts of commercial activities (such as light glare from parking areas, noise, and ect.) directly into the large tract designated for low residential family units. COMPATIBILITY WITH THE VISION PLAN: The City's Vision Plan serves as a land -use guide to all land -use designation changes in the City. The Vision Plan designates the subject site as Residential Medium. The requested land -use change to Commercial is not consistent with the intent and objective of the Vision Plan. The current land -use designation of the subject parcel is consistent with the Residential Medium designation of the Vision Map, since the Mixed Use designation permits and encourages residential uses. CONSISTENCY WITH THE FLORIDA ADMINISTRATIVE CODE: Section 9J- 5.006(4)(c) of the Florida Administrative Code (F.A.C.), states that "mixed use categories of land use are encouraged." In staff's professional opinion, changing the land use designation of the parcel from Mixed -use to Commercial is not consistent with this section. CONSISTENCY WITH THE COMPREHENSIVE PLAN: Land with Mixed -Use designations comprises 1.20% of the City's total area and is located at key sites within the City east of 1 -95. The benefits of Mixed -use development in these areas include: creating a functioning, multi- faceted type of development; allowing the City more control in the development of areas within highly visible parts of the City; lessening the need for additional vehicular trips through the internalization of trips within a project; and benefiting development from close immediate proximity of complementary uses. Policy 2.1.2 of the City of Palm Beach Gardens Comprehensive Plan encourages development that establishes multiple routes for intra- community trips. A requirement of mixed -use is to provide an integration of distinct uses on a single site so that the impacts from differing uses are mitigated through site design techniques and the close proximity of complementary uses. The action of changing the land -use designation for the subject parcel is not consistent with the intent of this policy. The few parcels within the City designated with a Future Land Use of Mixed -Use (1.2% of the City) are in locations of importance to the City. The mixed -use sites on the north and south ends of the City are intended to create entry features to the City. The higher design standards required for Mixed -use development are important in the development of these sites. The more centralized Mixed -Use sites in the City are areas 3 City Council Meeting Date: August 16, 2001 Date Prepared: August 6, 2001 Petition: LU -00 -07 of high visibility in the City and are intended to be developed as areas of major importance to the character intended in the Vision of Palm Beach Gardens. The fact that a similar Mixed Use designation is on the opposite side of Central Blvd. underscores this importance. The mixed -use development regulations encourage development intended to mitigate the impacts of traffic in the central areas of the City. HISTORICAL AND ARCHEOLOGICAL RESOURCES: No historical and /or archeological resources have been identified on site, according to the applicant. ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND -USE: The subject site is considered as environmentally significant, pursuant to Policy 6.1.5.4 of the Conservation Element of the City's Comprehensive Plan. The site contains gopher tortoises, which are designated by the Florida Fish and Wildlife Conservation Commission as Species of Special Concern. Pine Flatwoods also exist on site and are considered as environmentally significant by the policy referenced above. The Comprehensive Plan requires mitigation measures be implemented to protect the Pine Flatwoods through site planning and project design to ensure that as many Pine Flatwoods as possible are protected, in accordance with Policy 6.1.5.6 of the Conservation Element. The policy also requires that the gopher tortoises be relocated either on -site or off -site. The relocation plan must be approved by all appropriate agencies. Staff will ensure that the Pine Flatwoods and gopher tortoises are protected at the site plan review stage through site planning and conditions of approval. MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND -USE DESIGNATION: The maximum development potential allowed under the existing land -use designation of Mixed Use is outlined below in the table. The analysis is based on the total acreage of the site, which is 13.5 acres and a combination of land -uses designated on the Future Land Use Map. The applicant has based the analysis on selecting four land -uses, which consist of 15% Open Space, 30% Neighborhood Commercial, 30% Employment Center, and 25% Residential High. The potential impacts of development under the existing land use designation are as follows: 4 City Council Meeting Date: August 16, 2001 Date Prepared: August 6, 2001 Petition: LU -00 -07 POTENTIAL IMPACTS UNDER CURRENT LAND -USE OF MIXED USE Max. Max. External Recreation Sanitary Potable Solid Development Density /Intensity Trip /Parks Sewer Water Waste Potential 40 residential 12 Du /acre 261 Daily .42 Acres Adequate Adequate Adequate units trips capacity capacity capacity 44,104 sq. ft. 0.25 FAR 4,152 Daily N/A Adequate Adequate Adequate of retail trips capacity capacity capacity 493,970 sq. ft. 0.70 Lot coverage 4,319 Daily N/A Adequate Adequate Adequate of office & max. four floors trips capacity capacity capacity Total 8,732 MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE DESIGNATION: The maximum development potential allowed under the proposed land use designation of Commercial is 147,015 square feet of retail, based on a maximum intensity of 25% floor area ratio (FAR). The subject parcel is limited to only 25% intensity of development by the Forbearance Agreement signed by the City and affected property owners. Accordingly, the analysis should be based on a maximum intensity of 25% for commercial uses only, which is consistent with the referenced agreement. The potential impacts of development under the proposed land use designation should be as follows: POTENTIAL IMPACTS UNDER PROPOSED LAND -USE OF COMMERCIAL Max. Max. External Recreation Sanitary Potable Solid Development Density /Intensity Trip /Parks Sewer Water Waste Potential 147,015 sq. ft. 25% FAR 8,992 Daily N/A Adequate Adequate Adequate of retail trips capacity capacity capacity The preliminary trip generation analysis reflects the addition of 260 external trips on the roadway network impacted by the proposed land -use change. However, it does not appear that the additional trips result in lowering the adopted Level Of Service (LOS) for affected roadway segments. The applicant needs to submit a new traffic analysis and the City's Traffic Engineer will review it. LEVEL OF SERVICE STANDARDS: The petitioner's analysis demonstrates that there will be no direct, adverse impacts on the adopted Level of Service (LOS) standards for water, sewer, solid waste, police and fire services, and traffic. 5 City Council Meeting Date: August 16, 2001 Date Prepared: August 6, 2001 Petition: LU -00 -07 NEARBY LOCAL GOVERNMENT COMMENTS /OBJECTIONS: The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has reviewed the proposed amendment and has raised no objections. Staff has not received any objections or adverse comments regarding this proposed amendment from City residents as well. LOCAL PLANNING AGENCY RECOMMENDATION: On May 8, 2001, the Local Planning Agency (LPA) held a public hearing to consider the subject petition and recommended approval with a vote of 7 -0. STAFF COMMENTS: The proposed land -use map designation of Commercial is inconsistent with the City's Vision Map, and the City's intent of encouraging mixed -use developments in order to reduce traffic congestion through trip internalization within the one site. In addition, the applicant will not be required to comply with the vertical and horizontal integration requirements of the City's mixed -use policy outlined in the comprehensive plan once the proposed land -use change is granted (please see attachment). Under the current land -use designation, the petitioner is limited to the type of commercial uses allowed under the Neighborhood Commercial District in the City Code, which is less intense than the General Commercial District. If the land -use change were granted, the applicant may chose more intense commercial uses allowed under the General Commercial District (please see attachment). Furthermore, adding 260 more external trips on affected roads is likely to lead to added congestion on primarily Donald Ross Road in the future at a time when it will be needed and used as reliever for PGA Blvd. Finally, the proposed commercial designation is not compatible with surrounding uses. STAFF RECOMMENDATION: Staff recommends denial of the proposed land -use change (Ordinance 22, 2001) from Mixed Use to Commercial for Parcel 4.10 based on the following reasons: 1. The proposed amendment is inconsistent with the Vision Map designation of Residential Medium. 2. The proposed amendment is inconsistent with the City's intent of encouraging mixed -use developments. 3. The proposed amendment may allow the applicant to develop the site without taking into consideration vertical and horizontal integration techniques at the site plan level. 4. The proposed amendment to change the land -use to commercial allows the applicant to chose more intense commercial uses permitted under the General City Council Meeting Date: August 16, 2001 Date Prepared: August 6, 2001 Petition: LU -00 -07 Commercial District within the City Code. Neighborhood Commercial allowed under the current land -use designation allows less intense commercial uses. 5. The proposed amendment has the potential of adding 260 external trips on the affected roadways. Even though the added trips do not degrade the adopted LOS, the impact of adding more trips when it is not necessary will very likely lead to congestion on Donald Ross Road, which is a reliever to PGA Blvd. 6. The proposed amendment is not necessary at this time given the additional traffic impacts and the likelihood that the applicant may chose more intense commercial uses permitted under the General Commercial District. 7. The proposed amendment is not consistent with the City's Comprehensive Plan, Policy 2.1.2, regarding encouragement of developments that establishes multiple routes for intra- community trips. 8. The proposed amendment is inconsistent with Section 9J- 5.006(4)(c), which encourages the establishment of mixed -use developments. 9. The proposed Commercial land -use designation is not compatible with the surrounding uses adjacent to the subject parcel. G:Talal /LU- 00- 07- str1 -cc L Z 2 2 2 2 Z Z 2 2 i �U 21 I� II Co �I l 28 If I, z II 9 II m �I LL qEi 9 41 ` woo ,aa a Bu A (I O N t lai 1 e5 It K T b 1 nll0p y1�333 J GROVE PT 11 -A— Ia E lil S 3 i ADOWWPK LI 31e IT. I NG LON �J el ORNI14GDOVE PT 325POQH81LL ITS �9 ID D23 1, 90R OLE Gq J15POOIIe LLPiN 2 I D ORIOLE U ea SPdNROW Fi 3S 6Krtgevu11 P 15 uTUN 6T fJ PE COCN LAS 9eEAGULL PTOPE Imo 1 BARPand BST hl CK LAN apU EPTt BPE C llA6 ae HANOLY... 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P3yC I I ,RS. -= flA %CiN CIR6 JOIJO PS ,F lsC IIIRGNWOOG D R F� �'C�U� yFyTygUN PM k9 I _T,\ [ > } ti DR •Ci I � 'LI ; Il I N>-H� � P 91TTE gJAVE P > Ck y¢ .� W I E IV F MIVAT Sp J(y /^rte EAGLET h! �' B/ Tl{} �� (~° 1 _ \ L• a �� HEA wA � IIDH B a 1., � L0cli SE y ��p� lJA 1 EMPRESS ST °PDOGF S flame >:-'�i hl'�� ; I WgY.�IKIJID q�15 -,U .,N1I q ur F6 Y ,� (y3 ,J \( \Wlt „7P jYIP�. •la } .1> \ -3 l AWNRIG E S ^J c1 I”; N C"Y �• 7 G _ r ..�W 1H E PE ECIfl RESTDAI S BaT ST +NyI GAQ, _ \ B1 AC PALM BEACH GARDENS, FL LOCATION UD S Job #: Date: December 23, 2000 Scale: NITS � � Y IA Y Ir + { j Ph { M ZONING: f, S i3 1. r y .; ll ZONING: Z f irl f { j Ph { M ZONING: f, S i3 1. r y .; CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division Growth Management Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 775 -8295 Fax (561) 775 -1014 Request ❑ Planned Community Development (PCD) D Planned Unit Development (PUD) ❑ Amendment to PCD, PUD or Site Plan ❑ Conditional Use ® Amendment to the Comprehensive Plan ❑ Other (Explain) ❑ Annexation ❑ Rezoning ❑ Site Plan Review ❑ Concurrency Certificate ❑ Time Extension Project Name: Parcel 4.10 Future Land Use Plan Amendment Date: December 22, 2000 Site Information: General Location: South of Donald Ross Road and West of Central Boulevard Address: Township: 41S Section: Acreage: 13.5 acres Current Zoning: PDA 25 Range: 42E Requested Zoning: PDA Current Comprehensive Plan Land Use Designation: Mixed Use (MXD) Existing Land Use: vacant Requested Land Use: Commercial (C) Proposed Use(s) i.e. hotel, single family residence, etc.: N/A Proposed Sq. Footage by Use: N/A Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc (if applicabl : DO NOT REMOVE - FILE COPY PLANNING & ZONING DIVISION etition number: ees I npplication $ in Perin a FOR OFFICE USE ONLY Date & Time Received: Receipt Number: bate Annlimtion Comnlete- DO NOT REMOVE FILE COPY PLANNING & ZONING DIVISION Owner: Perigon Ventures, LLC Applicant (if not Owner): Agent: URBAN DESIGN STUDIO Agent's Mailing Address:2000 Palm Beach Lakes Blvd., Suite 600, West Palm Beach, FL 33409 Agent's Telephone Number: (561) 689 -0066 Fax Number: (561) 689 -0551 Architect: Engineer: Pinder Troutman Consulting, Inc. Planner: URBAN DESIGN STUDIO Landscape Architect: Justification Explanation: Information concerning all requests (Attach additional sheets if needed) {Section 118 -50, Submission Requirements, City Code of Ordinances} 1. Explain the nature of the request: We are requesting to redesignate approximately 13.5 acres of land (Parcel 4.10) at the south Donald Ross Road and west of Central Boulevard from the existing Future Land Use Plan designation of Mixed Use (MXD) to Commercial (C). The requested Commercial Future Land Use Designation is consistent with the adjacent Commercial tract and the commercially- oriented nature of this section of Donald Ross Road. 2. What will be the impact of the proposed change on the surrounding area? The 13.5 acres requested to be redesignated from MXD to the Commercial Future Land Use category is bounded by Commercially- designated property and a FPL substation to the north. To the west, is a vacant piece of land with a zoning designation of PDA and a Future Land Use Designatiio nod- Residential Low (RL). To the south of the subject site is a Northern Palm Beach 06un* ,.,,0" DO NOT REMOVF FILE COPY PLANNING & ZONING DIVISION Improvement District canal. Across the NPBCID canal is the proposed lighted sports fields of Benjamin School, which will be redesignated by the City, pursuant to the Comprehensive Plan requirements, as a P/I Future Land Use Plan designation. The requested Commercial Future Land Use Designation is consistent with the adjacent Commercial tract and the commercially- oriented nature of this section of Donald Ross Road. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. This is not a rezoning request. This is a request for a Future Land Use Plan amendment. 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 98 & Chapter 102, City Code)? This will be addressed at the time of the submittal of a development application-for-this parcel. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 106, City Code)? This is not applicable with a Comprehensive Plan amendment. 4 DO NOT REMOVF FILE COPY PLANNING & ZONING DIVISION Legal Description of the Subject Property (Attach additional sheets if needed) See attached deed for legal description. Location The subject property is located approximately 720 feet from the intersection of Donald Ross Road and Central Boulevard , on the ❑ north, ❑ east, ❑ south, ® west side of Central Boulevard Property Control Number(s) of the subject parcel(s): . \ "p� 1\0 c. y 5 DO NOT REMOVF FILE COPY PLANNING & ZONING DIVISION within this category. The intent of the designation is to ensure that areas designated CONS are preserved or developed in a manner that is responsive to on -site environmental constraints. Development within areas designated CONS shall not exceed a density of 1.0 dwelling unit per 20 acres. Any development that does occur should preserve environmentally sensitive areas by clustering development as appropriate. Golf (G): The G category portrays areas specifically intended or used for golf courses. This designation can include public and private golf courses. Mixed Use Development (M.EXD): The MXD designation is designed for new development which is characterized by a variety of integrated land use types. The intent of the district is to provide for a mixture of uses on single parcels in order to develop sites which are sensitive to the surrounding uses, desired character of the community, and the capacity of public facilities to service proposed developments. This future land use designation is also intended to foster infill and redevelopment efforts, to deter urban sprawl and to encourage new affordable housing opportunities, as well as lessen the need for additional vehicular trips through the internalization of trips within a neighborhood or project. To create a functioning, multi- faceted type of development, mixed use development is dependent on the successful integration of distinct uses. Integration is defined as the combination of distinct uses on a single site where the impacts from differing uses are mitigated through site design techniques, and where impacts from differing uses are expected to benefit from the close immediate proximity of complementary uses. All requests for development approval based on a mixed use concept must be able to demonstrate functional horizontal integration of the allowable uses, and where applicable, vertical integration as well. The following are the minimum criteria to be used for development of sites designated as MXD: 1. An MXD shall be developed as a Planned Community District or a Planned Unit Development. However, land development regulations adopted to implement this Comprehensive Plan shall maintain mixed -use supplemental regulations to provide further criteria for the development of sites with MXD Future Land Use designations including parking requirements, permitted uses, setbacks and other considerations. 2. MXDs shall have frontage on at least one arterial. The City's Conceptual Thoroughfare Plan shall be accommodated to expand the roadway network through the provision of new local streets which serve new neighborhoods in the City's developing areas. 3. MXDs shall include a minimum of two (2) of the other Future Land Use Categories described in this element. Residential must be one of these uses, unless it is determined by the City Council that the proposed development meets the criteria below established to waive the residential requirement. No single use may comprise more than 60% of the area. Recognizing that mixed use projects have FUTURE LAND USE 6/99 14 #99 -1 Amendment Ordinance 27, 1999 varying characteristics, intensity measures are indicated below which provide flexibility in terms of minimum and maximum land allocations. These intensity measures apply only within MXD projects. The City Council may waive the maximum nonresidential height limit for employment center buildings located at the intersection of two arterials. A. Critiera for a Non - Residential MXD: The City Council may waive the mandatory residential requirement for any MXD that meets any two of the following conditions: 1. The parcel represents in -fill development and is surrounded on three sides by non - residential land uses including man -made and natural barriers such as canals and major arterial roadways. 2. The density/intensity of existing or future land uses immediately surrounding the parcel are compatible with non - residential uses. 3. The adjacent surrounding planned and approved or existing built environment is over 60% residential, and non- residential uses are determined to provide for greater horizontal integration of uses. 4. Due to size or configuration of the parcel, the ability to provide an economically feasible, sustainable, integrated residential component that functions to enhance and complement the other MXD uses is limited. FUTURE LAND USE 6/99 1 -5 #99 -1 Amendment Ordinance 27, 1999 Article IV. Zoning Districts Sec. 93. Permitted uses, Conditional, and Prohibited Uses Table 21: Permitted, Conditional, and Prohibited Use Chart Notes: P= Permitted Use C= Conditional Use Blank= Prohibited Dwelling, Single Family P P 1±1-Pp P P P P P P P Dwelling, Mobile Home P P P P P P P P P P Dwelling, Multiple Family P P P Dwelling, Two - Family P P P Home Occupation P P P P P P P P P 1 Hotel/Motel, Boarding, or Rooming House P P Mobile Home Park P Residence Hall or Dormitory P 2 Community Residential Home, P P P P P P Type 1 (6 or less residents) P P 3 Community Residential Home, Type 11 Q - 14) P P C C C 4 Assisted Living Facility 0 or more residents) C C C C C 5 RETAIL &:COMMERCIAL` K i Adult Entertainment C 6 Antique Shop C P P 7 Appliance and Electronics Store C P P Auto Repair, General C P P P 8 Automobile Dealership P i 9 Auto Rental, Accessory C C 10 Auto Service Station and Minor Repairs C P P 11 Auto Tire Sales and Installation C P 12 Bakery P I P P Barber /Beauty Supplies and Equipment Sales P P Bicycle Sales and Repair P P P P P Boat and Marine Sales P Bookstore P P P Car Wash/Auto Detailing C P Clothing and Accessory Store P P Consignment Shop P P Convenience Store w /Gas Sales C C 13 Convenience Store w/o Gas Sales P P 14 Department Store P P Discount Department Store P 15 Palm Beach Gardens /Land Development Regulations Adopted July 20, 2000 109 Article IV. Zoning Districts Sec. 93. Permitted uses, Conditional, and Prohibited Uses CATEGORY /USE Drugstore or Pharmacy, General R R R 1 E 0 R R 2 0 R R R L L L 1 2 3 R R M H R M P C H O N C C G G C 1 2 R M 1 M 1 M& A 2 C P O N I S P D A Note Drugstore or Pharmacy, Limited Farm Equipment and Sales Floral .. .. ■■■■■■ ■■■■000 ■ ■ ■ ■■■■■ Fruit .:.. ■■■■ ■ ■■■■■v ■v ■ ■ ■■■■■■� • ... ■■■■■■ ■ ■■■oao■■■■■ ■ ■■� Grocery Store, . ■■■■■ ■■■■■000■ ■ ■■ ■■■■ Paint, .. • . . Store Hobby, .. ■■■■ ■ ■ ■■■■000■■ ■ ■■■■■ - .:..... ■� ■ ■ ■ ■ ■ ■■ ■000 ■ ■ ■ ■ ■ ■ ■■ Landscape, . ' .:■� ■ ■ ■ ■ ■ ■ ■ ■ ■0D ■ ■0 ■ ■ ■ ■■ .and Building 77 Lumber Materials ■� ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■D0 ■ ■ ■■ Tools, . • • • Medical ... .. ■■■■■■■■■■■ ■■■■■■o■ o■■oa ■■■■ Motorcycle ■ .:.. . : ■■■■■■ ■■■■ ■■■ ■ v■■■■■■oo ■■■■■■■■■■ ■ Pet • . .. ■■■■■ ■■■■■ ■oo■000 ■■ ■■ Recreational Vehicle Park ■■■■■ ■■■■■■■■v ■ ■■■■■m Restaurant, General ■■■■ ■■■■■■000 ■oo ■■■■m Restaurant, Fast Food (With or ■■■■ ■■■■■■000■ ■ ■ ■■■■® Quality ■■■■■■■ ■■ ■■oo■■ ■ ■■■■m Restaurant, Take Out ■■■■ ■ ■■■■■ ■oo ■ ■■■■ ■ ■® ■■■■■■ ■ ■■■■oo■■■■■■■m ... ■■■■■■■■■■■vv■■■ ■ ■■■® Thrift and Used Merchandise Store PERSONAL Animal • ..: ■■■■ ■■ ■■■■■■o■000■■■m Auto/Truck Fleet Maintenance aGarages ■� ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■0 ■ ■ ■■ ut :.... .• ■■■■■■■■■■■■■ ■■ao■■■■■ -Automatic/Self-Serve Car Wash ■■■■■■ ■■■■ ■v ■■■a■■■■■� 110 Palm Beach Gardens /Land Development Regulations Adopted July 20, 2000 Ordinance 22, 2001 Prepared On: August 6, 2001 ORDINANCE 22, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BY CHANGING THE LAND -USE DESIGNATION ON APPROXIMATELY 13.5 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF DONALD ROSS ROAD AND CENTRAL BOULEVARD, FROM MIXED USE TO COMMERCIAL; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (LU- 00 -07- Ord) from Perigon Ventures, LLC to amend the land -use designation on approximately 13.5 acres of land located at the southwest corner of Donald Ross Road and Central Boulevard, as more particularly described in Exhibit "A" attached hereto, from Mixed Use to Commercial; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, on May 8, 2001, the Planning and Zoning Commission, as the duly constituted Local Planning Agency for the City, recommended approval of the future land -use map amendment to the Comprehensive Plan of the City; and WHEREAS, the City Council finds the future land -use map amendment consistent with Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, the City Council acknowledges that this future land -use map amendment is subject to the provisions of Sections 163.3184(9) and 163.3189, Florida Statutes, and that the City shall maintain compliance with all provisions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Future Land Use Map of the Comprehensive Plan of the City is hereby amended to change the future land -use designation on approximately 13.5 acres of land located at the southwest corner of Donald Ross Road and Central Boulevard, as more particularly described in Exhibit "A" attached hereto, from Mixed Use to Commercial. Ordinance 22, 2001 Prepared On: August 6, 2001 SECTION 2. The City's Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are forwarded to the Florida Department of Community Affairs and other agencies as required by Section 163.3184(3), Florida Statutes. SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. This ordinance shall become effective in accordance with Section 163.3184(9), Florida Statutes. PLACED ON FIRST READING THIS THE DAY OF 2001. PLACED ON SECOND READING THIS THE DAY OF 2001. PASSED AND ADOPTED THIS THE DAY OF 2001. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO 2 ATTEST BY: CAROL GOLD, MMC CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO COUNCILWOMAN FURTADO G:Talal /LU -00 -07 -Ord Ordinance 22, 2001 Prepared On: August 6, 2001 APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY AYE NAY ABSENT 3 ORb 1480 Pg 1902 PALM BEACH GARDENS PORTFOLIO &:>ck;bit EL 4.01 A PAR OF LAND 1.1 ING IN SECTION 25, TOWNSHII' 41 SOUTH, 1LANGF-: 42 EAST, PALM BE:A COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT TIIE fERSECTION OF THE SOUTH RIGHT -01' -WAY LINE OF DONALD ROSS ROAD ^Q THE WEST RIGHT -OF -WAY LINE OF CEN L BOULEVARD; THENCE S00 °48 "W, ALONG SAID WES I' RIGHT- OF -�VAY L , (THE, WEST RIGHT -OF -WAY LINE OF NTRAI. BOULEVARD IS ASSUN "1'O BEAR S00 °- 38'04 "W' AND ALL OTHER HrR BEAR GS REFERENCED HERI✓ ARE REI.A'I IV THERETO), A DISTANCE. OF 491.30 FEF, THENCI S00 °4 ' W, A DISTANCE OF 347.64 FEET TO SAID RIGHT -OF -WAY'S [ RSE:CT WITl1 ANON- TANC;ENl' CURVE HAVING A RADIAL BEARING OF N04° "E, A RADIUS OF 840.06 FEET, AND A CENTRAL ANGLE OF 55 012'02 "• FN ' PROCEED WESTERLY AND NORTHERLY ALONG THE ARC OF S CURVE, A D %TH OF 809.34 FEET TO THE END OF SAID CURVE; Z' CE S89 °50'06 "E, A DE OF 223.81 FELT; THENCE N01 °2�►'37 "E, A TANCE' OF 3 59.66 FEETE N01 °20'37 "E, A DISTANCE: OF 61.43 F .. ; TI IENCE S89 °50'06'E, A DISTANCE OF 43 . FEET TO THE POINT OF R Nll\G OF THE. HEREIN DESCRIBED PARCEL. (:SS AND EXCE;PTIN IIERETROM TI IAT CERTAIN RIGI IT -OF -WAY DESCRIBED IN •ICIAL REC S ROOK 9567, PAGE 761, PUBLIC RECORDS OF PALM REACH COUNTY, = RIDA. PARCEL 4.10 _ 1 A PARCEL OF LAND SITUATED IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 FAST, PALM I317ACH COI NI TY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIIFF, INTERSECTION OF THE SOUTH RIGHT -OF -WAY L1NF OF DONALD ROSS ROAD AND THE WEST RIGHT -OF -WAY LINE OF CENTRAL BOULEVARD; THENCE S00 °4804 "W. ALONG SAID WEST RIcm -OF -WAY LINE (THE WEST RIGIIT-OF -WAY LINE: OF CENTRAL BOULEVARD IS ASSUMED TO BFAR S00048'04"W AND ALL OTHER BEARINGS REFERENCED HEREIN ARE RELATIVE TTIERL"1'Oj, A DISTANCE OF 838.94 FEET TO TIIE POINT OF BEGINNING OF THF `� P }IERE(N DESCRIBED PARCEL; THENCE S00 °48'04 "W, A DISTANCE OF 430.37 Fr-.%T; a : THENCE N89'51 04"W, A DISTANCE-: OF 923.93 FEET TO O TIIE WEST LINE OF SAID SELMON 25; THENCE NO! °2017 "E, ALONG SAID WEST 1.1 NE, A DISTANCE OF 844.68 => 3t -�1 FEET; THIs'NC:1 S89 °50'06 "L'; A DISTANCE OF 252.09.FEIA" TO A CURVE IIAVING A-.- RADIAL BEARING OF N59 053'13 "E, A RADIUS OF .840.06 FEET, AND CENTRAL.— ANGLE OF 55592'02".* 5 °12'02 THENCE PROCEED ALONG THE ARC OF SAID CURVE, D1S "I'ANCE 01" 809.34 FCET TO TIIE END 01' SAID CURVE, TO TRIG POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. -4- XIII. ITEMS FOR DISCUSSION: Wetlands— Discussion CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 16, 2001 Date Prepared: July 26, 2001 Subject/Agenda Item: Discussion of future annexation areas for Palm Beach Gardens that conflict with the future annexation areas for Juno Beach, North Palm Beach and Lake Park. Recommendation /Motion: Staff recommends that the City Council provide direction on these specific annexation areas. Reviewed by: City Attorney ' Originating Dept.: Planning ivision Costs: $ N/A Total Council Action: [ ] Approved Finance $ NIA [ ] Approved w/ conditions Other Current FY ] Denied Funding Source: [ ] Continued to: Advertised: NIA Date: [ ] Operating AttachmentssP: Paper: [ ] Other �a11 1' - u�ure Annexation Area 2. Maps of annexation conflict areas 3. Memorandum dated X ] Not Required 6 -19 -01 Growth Mgt. Director Affected parties [ ] Notified Budget Acct. #: [ ] None Appro y)ge-r Ci [ X ] Not required BACKGROUND: During the past few months, County Commissioner Karen Marcus has coordinated meetings among the municipalities in northern Palm Beach County to discuss potential conflicts in their respective future annexation areas. As a result of these meetings, three municipalities have identified conflicts 1 with the City of Palm Beach Gardens future annexation area. These municipalities are Juno Beach, North Palm Beach and Lake Park. The annexation issues with each of these municipalities are described below. At the last meeting of north county municipalities, the representatives from these three municipalities stated that the governing body for each did not want to relinquish any of potential annexation areas. Attached is a copy of the City's Potential Future Annexation Area, which has been adopted in the City's comprehensive plan as Map J. This map was originally adopted in June 1997, and later revised in February 2000. The map indicates the existing municipal boundaries for the City, as well as the potential future annexation areas. The future annexation of these unincorporated pockets would square off the existing City limits to provide for the efficient delivery of public services. It is the understanding of staff that only the property located at the intersection of Northlake Boulevard and Military Trail has been annexed since the latest revision to this map. Juno Beach The future annexation areas in the comprehensive plans for both Juno Beach and Palm Beach Gardens include the upscale residential subdivisions of Seminole Landing and Captain's Key, as well as the adjoining commercial areas, located along U.S. Highway One and north of PGA Boulevard. These two residential subdivisions are located on the east side of US Highway One, immediately north of the Golden Bear office complex. A map of this area is attached. The City staff has met twice with the Juno Beach staff to discuss this issue. However, this issue has not been resolved. The Juno Beach Town Council has recently indicated its desire to retain these two subdivisions in the future annexation area for Juno Beach. City staff representatives from the Growth Management Department, Fire Department, Police Department and the City Manager's Office have recently met in this regard, and support the potential annexation of these two subdivisions. The attached memorandum dated June 19, 2001, indicates the potential property tax revenue from annexing these two subdivisions. The approximate tax revenue from annexing Seminole Landing is $160,000 per year. The approximate tax revenue from annexing Captain's Key is $52,000 per year. Therefore, the total revenue for both subdivisions would be $212,000 per year. North Palm Beach The Village Council of North Palm Beach has informally identified the annexation issues described below. Maps of the first three areas are attached. The staffs from North Palm Beach and Palm Beach Gardens have meet to discuss these annexation issues. 1. The Village of North Palm Beach would like to "swap" annexed areas so North Palm Beach can become contiguous to properties on the north end of Singer Island. The specific request 2 is for Palm Beach Gardens to de -annex the Hidden Key residential condominium on the north side of PGA Boulevard, east of US Highway One, so North Palm Beach can annex it. In exchange, North Palm Beach is willing to pursue the de- annexation of a commercial property (i.e., the Pelican Car Wash) on the east side of US One, south of PGA Boulevard. The attached memorandum dated June 19, 2001, indicates the requested land "swap" would not be financially beneficial to the City. 2. An area along the east side of Ellison Wilson Road, immediately south of PGA Boulevard, is in the future annexation area for North Palm Beach, but this area is surrounded by properties within Palm Beach Gardens. North Palm Beach would like for Palm Beach Gardens to split this area in half, with the northern half going to Palm Beach Gardens and the southern half going to North Palm Beach. Staff does not object to this approach. 3. The residential subdivision .of Pirates Cove, located southeast of the intersection of PGA Boulevard and Prosperity Farms Road, is in the comprehensive plans for both North Palm Beach and Palm Beach Gardens. It is the opinion of City staff that this subdivision should be annexed into Palm Beach Gardens because of its relationship to the commercial properties on PGA Boulevard, such as the Waterway Cafe. 4. North Palm Beach also identified a potential conflict along the north side of Northlake Boulevard between Alternate AIA and the C -17 canal. However, the City staff and the North Palm Beach staff have determined there is no conflict of any significance in that area. Lake Park The future annexation areas in the comprehensive plans for both Lake Park and Palm Beach Gardens include properties west of the C -17 canal to Military Trail. A map of this area is attached. The staffs of Palm Beach Gardens and Lake Park have met regarding this matter. An agreement was reached at the staff level to allow Lake Park and Riviera Beach to annex the few properties in the Central Industrial Park that are currently in the City's future annexation area. This industrial park is on the west side of the C -17 canal and on the south side of an east -west canal that intersects with the C -17 canal. These two canals essentially preclude the efficient delivery of services to this area by the City of Palm Beach Gardens. The remaining future annexation areas that are currently in conflict with Lake Park would remain in the future annexation area of the City of Palm Beach Gardens, and would be removed from the future annexation area of Lake Park. The staff of Lake Park brought this issue before their Town Council for discussion. The Town Council did not support the proposed resolution of this conflict. Instead, the Lake Park Town Council wants to annex all of the unincorporated property in question from the C -17 canal to Military Trail. (It is assumed the planned Northlake Boulevard reliever road would provide access from Lake Park's existing corporate limits to this area.) 3 Recommendation County Commissioner Karen Marcus has verbally requested that each municipality pass a resolution outlining their respective future annexation areas and any proposed revisions to those areas. Upon the direction from the City Council, the staff shall prepare a resolution clarifying these conflicts, which shall result in the amendment of Map J titled "Potential Future Annexation Area." g: \sc \txt \annexissues.0701 2 O H N 0 -6Eo E \5 \ mo C) E m C) CL 8, \ \ ; L5 0a \ \ a .o ff° l0 U O * * Y ui ai MM� •�Q m N >> SO oc m co �\ li \ I m a�. J QD = ('■ _ /% - ��• as oNUV3>r . \ i \ a • i � \ I J V cL.) m v C fn CO CY■ �q �_� i I �■ I � rT1 � aim N � — J _O93FJ3NVM_ 'Fu cu irvai narili wG 1 a \� D 46 m ti O E cC d U a. 3np3na -� WWI J \ Off` V d = <Z 3Mtll r' .y TO: FROM: SUBJECT: CITY OF PALM BEACH GARDENS MEMORANDUM Ron Ferris, City Manager DATE: June 19, 2001 Charles Wu, Growth Management Director a 'i, Property Tax Analysis of Potential Annexation areas As a result of the annexation meeting held on March 20, 2001, hosted by Commissioner Marcus at the Town of Juno Beach, staff has performed a preliminary property tax analysis of two subdivisions being considered for possible annexation into the City. They are Captain's Key and Seminole Landing. Both subdivisions are identified on the Town of Juno Beach and the City of Palm Beach Gardens' Future Annexation Areas. The locations of both subdivisions are depicted on the attached map. Please be advised that these areas are not contiguous to the City limits. The eventual annexation of these subdivisions may occur through a referendum by residents in the City. The attached analysis demonstrates that the City could potentially receive approximately $160,000 in tax revenues annually (at the current millige rate of 5.1748) from annexing the entire subdivision of Seminole Landing (total number of homes is 45 units). Captain's Key subdivision (with a total of 28 homes) could potentially provide the City with approximately $52,000 in additional tax revenues annually. The median assessed value of a residential unit within Seminole Landing is approximately $741,000 and the median taxable amount is $716,000. As for Captain's Key, the median assessed and taxable value is $300,000. On June 20, 2001, a staff meeting was conducted among the Growth Management Department, Police Department, Parks and Recreation Department, and the City Manager's office to discuss the provision of services to these two subdivisions. It was determined that services would be provided with existing facilities and staff. During the same meeting held on March 20, 2001, the Village of North Palm Beach requested a potential swap by which the City exchanges the subdivision of Hidden Key Condo located at the northeast corner of PGA Boulevard (Blvd.) and U.S. Highway 1, behind the Oakbrook shopping center, with the car wash located approximately 100 feet south of the southeast corner of the PGA Blvd. and U.S. Highway 1. Accordingly, staff has also considered the car wash located within the Village of North Palm Beach and compared its tax revenue potential to Hidden Key Condo subdivision. As to the land exchange, the attached analysis indicates that the City would receive approximately $4,342 annually in tax revenues from Hidden Key subdivision, but would receive $1,927 from the car wash as a result of the exchange. Consequently, staff recommends maintaining the status quo with respect to the exchange proposal. M E M O R A N D U M WATTERSON, HYLAND & KLE1T, P.A. To: Honorable Mayor and City Council From: Leonard G. Rubin, City Attorney / Subject: Proposed Settlement Agreement with Weiss Group, Inc. Date: August 1, 2001 This is a request for approval of a settlement with Weiss Group, Inc. of the eminent domain proceedings initiated bythe City in connection with the widening of Burns Road. The parties entered into the attached Memorandum of Settlement as part of the mediation process. During the course of the mediation, the City was represented by Paul Golis, its special legal counsel for eminent domain matters. Jack Doughney, Dan Clark, Kent Olson and I, in addition to the experts retained by the City, also participated in the mediation. The settlement requires the City to pay Weiss Group a total of $475,000. This sum includes the cost of land and landscaping actuallytaken by the City, the relocation of various improvements, and severance damages for loss of additional property due to the required reconfiguration of the site. The City will also be required to pay an additional sum of $89,761 in attorney's fees, as mandated by statute. The attorney's fee is based on the difference between the amount of the City's original offer and the amount actually paid. The sums set forth above are exclusive of Weiss Group's expert witness fees, which are also required by statute. The fees to Weiss Group's real estate appraiser, arborist, traffic engineer, drainage engineer, land planner and landscape architect will be paid by the City once the City is in receipt of all invoices. The settlement amount, in addition to all of the fees and costs, are well within the budget established by the City forthe Burns Road project and will be paid with bond funds. Please be advised that the settlement with Weiss Group is expressly contingent upon the reconfiguration of the entrance to the Burns Road Community Center and the installation of a traffic signal at the current entrance to the City's ballfields. This "solution" to the pedestrian crossing issue was developed by staff and conceptually approved by the Council. Hon. Mayor and City Council Page 2 August 3, 2001 As a result of the traffic signal, the City will be taking more property from Weiss Group than initially anticipated, as depicted on the Exhibit attached to the Memorandum of Settlement. City staff, including legal and engineering, is extremely supportive of the proposed settlement. Dan Clark will be available at the meeting to provide whatever sketches or drawings the Council may wish to view. Should you have any questions relative to the foregoing, orwish to discuss the matter in greater detail, please do not hesitate to contact me. cc: Ronald Ferris, City Manager Jack Doughney, Assistant to the City Manager Dan Clark, City Engineer Holly Luzader, Assistant Finance Director Paul Golis, Esquire P: \CPW in\ History\000306A \446.23(scw)(319.055) IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY. CASE NO: CL 00 -5818 AO CITY OF PALM BEACH GARDENS, Petitioner, V. PARCELS 505 -1 AND 505.1 -1 WEISS GROUP, INC., et al., Defendants. / MEMORANDUM OF SETTLEMENT THIS CAUSE, having been submitted to mediation before DONALD H. NORMAN, Mediator, upon Order of the above - styled Court and /or stipulation between the parties, it is hereby stipulated and agreed between said parties that settlement has been reached as follows: 1. The City of Palm Beach Gardens shall pay to the Weiss Group, Inc. the total amount of $475,000.00 less the original deposit, for land and improvements taken including all damages relative thereto. 2. The Order of Taking shall be amended in the Final Judgment so that the City of Palm Beach Gardens will acquire, in fee simple, all property owned by Weiss Group, Inc. depicted as Area 1 as identified on Exhibit "A" attached hereto, the precise dimensions and square footage of which will be determined by survey at the City of Palm Beach Gardens' expense. 3. The City will construct a signalized intersection at the northwest corner of the Weiss Group, Inc. property so as to line up with the access to the City Municipal a� Complex immediately to the north. 4. Drainage for the existing facilities, plus' he ro osed parking P P P 9 replacements, will be provided by the City of Palm Beach Gardens at an off site facility at no cost to the Weiss Group, Inc. This agreement is subject to all permits for parking lot and drainage improvements being granted. 5. Attorney's fees shall be based on the application of Section 73.092, Florida Statutes, based on the original offer of $194,515.00 and the settlement of $475,000.00. Statutes. 6. Costs shall be awarded in accordance with Chapter 73, Florida 7. The settlement is subject to approval by the Palm Beach Gardens City Council; however, the City Engineer and the City Attorney will recommend the settlement to the City Council. DATED this 12TH of JULY, 2001. COUNSEL FOR PL TIFF 4 Plaintiff HAW /20321.2/MEMO OF SETTLEMENT COUNSEL FOR DEFENDANT Defendant I * -f -LNA- I A-9- Pm. Luf 11 "Z. ex. N M E M O R A N D U M WATTERSON, HYLAND & KLETf, P.A. To: Hon. Mayor and City Council From: Leonard G. Rubin, City Attorney (Z� Subject: Report and Recommendations of Charter Review Committee File No: 319.058 Date: August 3, 2001 cc: Charter Review Committee Members As directed, the members of the Charter Review Committee reviewed the entire City Charter to determine which provisions should be amended so as to promote efficiency in City operations. The recommendations of the Committee may be summarized as follows: 1. The Charter should be revised and rendered gender neutral. As part of this process, each member ofthe City Council, otherthan the Mayor and Vice Mayor, should be referred to as "Council Member." 2. Article II, setting forth the boundaries of the City, should be deleted in its entirety. The corporate limits of the City are ever - changing and it is impractical forthe legal description to be set forth in the Charter. The Committee recommends that the official legal description be maintained by the City Clerk and that it be amended each time property is annexed into the City or the City's boundaries are contracted. 3. Section 4 -2 should be amended to provide that the Oath of Office be administered by the City Clerk at the first meeting attended by the new member of the City Council. Additionally, the oath set forth in the Charter has been superceded by statute and the Charter should be amended to merely provide thatthe newly elected Council Membertake the oath prescribed by law. 4. Section 4 -3 should be amended to delete unnecessary verbiage and to clarify that the members of the Council elect, rather than appoint, a Mayor and Vice Mayor. Additionally, this section should be amended to provide that for the years where there is no Hon. Mayor and City Council August 3, 2001 Page 2 election, such organizational meeting be held during the second City Council meeting in March. 5. Section 4 -4 should be amended to provide that the City Council shall fill a vacancy on the Council until an election can be held. It should also clarify that the person appointed to this position be elected by a majority of the remaining Council members. This section should also be revised to provide procedures for a vacancy in candidacy caused by death, withdrawal or removal, as required by state statute. 6. Section 5 -1 should be amended to grant the City all governmental, corporate and proprietary powers necessary to enable it to conduct municipal government, perform municipal functions, and render municipal services, and to authorize the Council to exercise any powerfor municipal purposes unless expressly prohibited by law. The language currently set forth in Section 5 -1 is outdated. Given such revisions, Section 5 -2, which enumerates the specific powers granted the City, should be deleted in its entirety. The City has all powers granted by the Florida Constitution and the Municipal Home Rule Power Act. 7. Section 6 -1 (City Manager): Subsection (a) should be modified to delete the requirement that the City Manager be a resident of the City within one year of his or her appointment. Any geographical limitation on the City Manager's appointment may be addressed through contract negotiations. Subsection (b) should be modified to clarify that the City Manager may only appoint a person to perform his duties when his absence is for a definite, temporary period of time, such as a scheduled vacation or conference. In the event of the City Manager becomes physically or mentally disabled and cannot perform his duties for a limited time, the Charter shall be revised to allow the City Council to appoint a person to act in the City Manager's stead. Subsection (c) should be amended to allowthe City Managerto execute contracts on behalf of the Cityto the extent authorized by ordinance orthe purchasing procedures adopted by the City Council. Subsection (c)(5) should be amended to provide that Department Heads be appointed and removed solely by the City Manager. As currently drafted, the Charter allows removal by Hon. Mayor and City Council August 3, 2001 Page 3 the City Manager notwithstanding the fact that the City Council must confirm appointment. Additionally, the City Engineer should be deleted from the list of City officials appointed and removed atthe sole discretion of the City Council, thereby placing the City Engineer underthe direction of the City Manager. Subsection (d) should be deleted in its entirety and replaced with the following, which more clearly delineates the role of the City Council in a Council /Managerform of government: Except for the purpose of inquiries and investigations, the Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately. Nothing in the foregoing is to be construed to prohibit individual members of the Council from examining by question and personal observation all aspects of City government operations so as to obtain independent information to assist the members in the formulation of policies to be considered by the Council and assure the implementation of such policies as have been adopted. It is the express intent of this provision, however, that such inquiry shall not interfere directly with the regular municipal operations of the City and that recommendations for change or improvement in City government operations be made to and through the City Manager. Subsection (e) should be deleted in its entirety as it appears to conflict with subsection (a) which provides that the Manager shall serve atthe pleasure of the City Council. The method by which the City Manager may be terminated should be governed by contract, not the City Charter. 8. Section 6 -2 should be amended to provide that in the event the City Council or City Manager appoints special counsel to serve as legal advisers to the City, the City Attorney be permitted to make a recommendation as to such appointment. 9. Section 8 -1 should be amended to delete paragraph 3. This provision appears to govern citizen complaints regarding operations of the City. Such a procedure should be governed by policy, not the City Charter and should not be limited to Department Heads. 10. Section 8 -2 should be amended to delete the phrase "all members of future councils" and merely state that any increase in the salaries of the Mayor and Council Hon. Mayor and City Council August 3, 2001 Page 4 Members not commence until the beginning of the next fiscal year. The language, as written, appears contradictory. 11. Section 9 -2, setting forth the powers and duties of the City Clerk, should be amended to delete the City Manager's ability to prescribe the administrative rules of procedure governing City records. The Clerk's duties with respect to City records are governed by statute. 12. Section 9 -3 should be amended to refer to the Finance Director, not the City Treasurer, so as to bring the Charter in accordance with the current structure of City administration. Furthermore, Section 9 -3 should be amended to delete any reference to the banks or trust companies into which public funds may be deposited. This is currently governed by statute. 13. Section 10 -1, which provides forthe removal of Council Members, should be deleted in its entirety and replaced with an alternate section defining under that circumstances a member ofthe Council maybe removed. For example, the Charter should specifically state that a Council Member shall be removed if convicted of a felony. 14. Section 10 -2 should be deleted in its entirety. Under Florida Statutes, a City official is prohibited from retaining control over City records. 15. Article XI I, governing the creation of City offices and bonds of City employees, should be deleted in its entirety. The language set forth therein is anachronistic and no longer applicable. 16. Article XVII, governing elections, should be deleted in its entirety. These matters are governed by the Florida Election Code. Section 17 -2, defining who qualifies as an elector, should be moved to Article IV. 17. Article XVIII, entitled "Ordinances and Resolutions," should be deleted in its entirety. The Charter provision merely recites the statutory procedures applicable to the adoption of ordinances and resolutions, as set forth in the Municipal Home Rule Powers Act. In fact, the requirements set forth in the Charter are more strict than the statute currently requires, causing additional delays for the City. For example, the Charter requires that an ordinance be advertised at least fourteen (14) days priorto adoption. State law only requires Hon. Mayor and City Council August 3, 2001 Page 5 ten (10) days. Once this section is deleted, the City would be bound by Florida Statutes, as amended. 18. Section 18 -4 should be revised and incorporated into the City Clerk's duties. Section 18 -5, however, should remain and be renumbered. Should the City Council agree with these recommendations, the Charter Review Committee requests that the City Council direct this office to prepare the necessary ordinances to effectuate the changes outlined herein in accordance with section 166.021, Florida Statutes. While none of the proposed changes, with the possible exception of section 10 -1, would generally require adoption by referendum, the City is required to conduct a referendum to amend any provision previously adopted by referendum. This would include the recommended changes to sections 6 -1, 6 -2, 8 -1 and 8 -2. Additionally, the City Council may, in the exercise of its discretion, submit any of the other proposed changes to the electors for their approval. Should you have any questions relative to the foregoing, please do not hesitate to contact me. 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' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 'H IJ li'IH I'll I~ IHI H:t!IH IIi Ill J I :J: Ill~~~ IIIIIHH 11 ¥-H illl Hlll:t Ill H l:I'IIHHHI :PH#J;:Jfl:ff.fHHf~H J ~u : CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, adult illiteracy costs society an estimated $225 billion a year in lost industrial productivity, unrealized tax revenues, crime, poverty and related social ills; and WHEREAS, in Palm Beach County it is estimated that as many as 22% of the adults function at the lowest level of literacy; and WHEREAS, the Palm Beach County Literacy Coalition serves to promote the learning of basic reading, writing and English to engage in programs to further literacy within our county; and WHEREAS, businesses are invited to begin workplace literacy programs at their business site; and WHEREAS, hundreds of volunteers are needed to become literacy tutors with adults and children; and WHEREAS, elementary school children and staff all over Palm Beach County will be celebrating International Literacy Day on September 7 wearing "READ WITH ME" stickers; and WHEREAS, many businesses will be competing in the Coalition's "Great Grown-Up Spelling Bee" on September 22 to raise literacy awareness; and WHEREAS, the Literacy Coalition is asking each individual in Palm Beach County to "Celebrate Reading" in September by initiating or renewing the reading habit. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of September 2001 LITERACY AWARENESS MONTH in the City of Palm Beach Gardens and urge all citizens in acquiring services or information regarding literacy to contact the Palm Beach County Literacy Coalition. Attest: IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 16th day of Au 7. t, Ttfp Thousand and 0 e .. · /j .. //· L 1:1 r 1:11-ifJ 1 H U+~Ji IHH 1 H 1111 J l'i li.t-flil Ht I Ill I II II ft I H:IJ-1 JIll If! II rt I Hfr lt~~~~:fl Hff:ffHf:F:f-ffH