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HomeMy WebLinkAboutAgenda Council Agenda 022003City of Palm Beach Gardens Council Agenda February 20, 2003 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 20, 2003 7:00 P.M. L PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: a. Boy Scout Troop 712 V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Pa 2e 7 Resolution 24, 2003 — Mirasol Parcel 24 Zero Lot Lines. A resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of a site plan application for Parcel 24 with a total of 50 zero lot line single - family units located within the Mirasol PCD and as more particularly described herein providing for a condition of approval; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date. b. (Pa 2e 3il Resolution 27, 2003 — Appointing Election Officials for the General Election on Tuesday, March 11, 2003. A resolution of the City Council of the City of Palm Beach Gardens, Florida, Appointing the Election Officials for the General Election to be held in the city on Tuesday, March 11, 2003; providing for conflicts; providing for severability; and providing for an effective date. C. (Pa 2e 39 Resolution 31, 2003 - Unity of Title for Westminster and Burns Road. A resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the Mayor and City Clerk to execute a Unity of Title relating to the Burns Road Community Center; providing for conflicts, providing for severability; and providing for an effective date. d. (Pa 2e 49 Resolution 35, 2003 — Evergreen PCD Plat #5. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Evergreen P.C.D. Plat Five (Parcel 8) plat and, providing for conflicts; providing for severability; and providing for an effective date. IX. PUBLIC HEARINGS: a. Pa e 55 Ordinance 8, 2003 — Communication Tower Amendments. An ordinance of the City Council of the City of Palm Beach Gardens, Florida providing for an amendment to the city code of ordinances relating to the location and siting of telecommunications towers; amending Section 78 -154, "Planned Unit Development overlay district (PUD)," Section 78 -155, "Planned Community Development overlay district (PCD)," and Section 78 -159, Footnote (64), "Wireless Telecommunication Facilities," of Chapter 78, "Land Development," providing for codification; providing for conflicts; providing for severability; and providing for an effective date. X. RESOLUTIONS: a. (Pa 2e 99 Resolution 26, 2003 — Clear Channel Billboard Agreement. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a billboard relocation agreement with Clear Channel Outdoor and authorizing the Mayor and the City Clerk to execute the agreement on behalf of the city; providing for conflicts; providing for severability; and providing for an effective date. b. (Pate 119) Resolution 34, 2003 — Work Authorization for Engineering Services. A resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of a work authorization for engineering services with the firm of LBFH, Inc. in connection with the creation of two special assessment districts; authorizing the Mayor and the City Clerk to execute said agreement; providing for conflicts; providing for severability; and providing for an effective date. C. (Pate 128) Resolution 36, 2003 — Supporting the Alternate Design options for the State Road 710 Turnpike Interchange. A resolution of the City Council of the City of Palm Beach Gardens, Florida, supporting the alternate design options for location of the State Road 710 Turnpike interchange proposed by the Steeplechase property owners association; providing for conflicts; providing for severability; and providing for an effective date. XL ORDINANCES: (For Consideration on First Reading) a. (Page 133) Ordinance 1, 2003 — Wachovia Bank Building Rezoning. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of rezoning 2.51 acres of land located at the southeast corner of PGA Boulevard and Military Trail, as described herein, from General Commercial (CG -1) to Planned Unit Development (PUD) Overlay with an Underlying Zoning of General Commercial (CG -1); amending the City of Palm Beach Gardens Official Zoning Map accordingly; providing for a condition of approval; providing for a waiver; providing for conflicts; providing for severability; and providing for an effective date. b. (Page 146) Ordinance 6, 2003 —Small Scale Amendment C to MXD Donald Ross Village. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for a small scale Land Use map amendment to the comprehensive plan of the City of Palm Beach Gardens by changing the land use designation on approximately 8.18 acres of land located at the southwest corner of Central Boulevard and Donald Ross Road, from Commercial ( C ) to Mixed -Use (MXD); providing for adoption; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. C. (Pa 2e 180 Ordinance 7, 2003 — Legends at the Gardens. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of an approximately 21.72 -acre parcel of land from Planned Development Area (PDA) to a Residential Mixed -use Planned Unit Development (PUD) overlay, to be known as "Legends at the Gardens," by approving the construction of 19,375 square feet of business office use, 19,375 square feet of Neighborhood Commercial (CN) use, 186 multi - family dwelling units, and associated amenities, located on the southwest corner of Donald Ross Road and Central Boulevard, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. d. (Page 274) Ordinance 9, 2003 — Burns Road Community Recreation Campus. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the rezoning of approximately 15.9 acres of city -owned land from Public / Institutional (P /I), with a partial conditional use overlay, to a Planned Unit Development (PUD) overlay with an underlying zoning of Public / Institutional (P /I), known as the Burns Road Community recreation campus and approving site plan improvements and renovation of a 3,273 square -foot annex building, located at the southeast corner of Military Trail and Burns Road, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: a. Wage 336 LDR Adjustment for build out date re- definitions b. (Page 351 Zoning In Progress (ZIP) for valet parking XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT 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 5 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 IV. ANNOUNCEMENTS / PRESENTATIONS: a. Boy Scout Troop 712 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 29, 2003 Meeting Date: February 20, 2003 Resolution 24, 2003 Subject /Agenda Item: Resolution 24, 2003: Mirasol Parcel 24- Site Plan Consideration of Approval: A request by Anne Booth of Urban Design Studio, on behalf of Taylor Woodrow Communities, for site plan approval of 50 zero lot line homes on Parcel 24 of the Mirasol Planned Community Development (PCD). The 12.71 acre site is surrounded by golf course on the west, water on the east, and the Maintenance Facility to the north. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ NA Planning & Zoning Talal Benothman, AICP Growth Management: (Total) Action: Principal Planner —Z61 Brad Wiseman, Planner Project Manager 01i City Attorney ty y Bahareh Wolfs, AICP [X ] Approved Finance N/A Development Compliance �— Human Resources N/A $ NA [ ]Approved w/ Current FY conditions Charles K. Wu, AICP [ ] Denied G wth Management A 'n' trat Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ X ] Other • Resolution 24, 2003 • Waiver Table • Digitized Plans [X] Not Required Affected parties Budget Acct. #: Approved by: [X] Notified [ ]None Ronald M. Ferre [X]] Not required Date Prepared: January 29, 2003 Meeting Date: February 20, 2003 Resolution 24, 2003 BACKGROUND On October 15, 1998, the City Council approved Ordinance 21,1998, which approved the Master Plan for the Mirasol PCD. Since that time the City has approved three amendments to the PCD. Parcel 24 is consistent with Ordinance 14, 2002, the most recent amendment to the PCD, and the currently approved Master Plan. Parcel 24 is a continuation of the 60- foot -wide zero lot line homes previously approved on Parcel 4. LANDUSE & ZONING The subject site has a future land -use and Vision map designations of Residential Low (RL). The site is zoned Planned Community District Overlay (PCD) with an underlying zoning of Residential Low Density - 3 (RL -3), which is consistent with the Mirasol Master Plan designation of Residential Medium (RM). CONCURRENCY The type and number of dwelling units within Parcel 24 are consistent with the approved concurrency for the Mirasol PCD. PROJECT DETAILS Parcel 24 is designed for 50, 60' X 142.5' single - family modified zero lot line sites. The proposed density is 4 dwelling units per acre, which is consistent with the Master Plan designation of Residential Medium (9 du/ac). Architecture Parcel 24 is proposed to be developed as an extension of the housing product currently being constructed on Parcel 4. Included in this application are one and two -story prototypical architectural elevations along with design guidelines. The proposed design guidelines for Parcel 24 are listed in Exhibit B of the attached resolution. Likhting 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. Streetlights will be field located to avoid conflicts with street trees and utilities. Landscape Plans This application includes Common Area Planting plans. In accordance with condition number 18 of Ordinance 18, 2001, a 25' minimum buffer between the parcel and the collector roadway has been K Date Prepared: January 29, 2003 Meeting Date: February 20, 2003 Resolution 24, 2003 provided. Parcel buffer planting includes Oaks, Pines, flowering trees, shrubs and groundcovers. The street tree - planting program will consist of Royal Palms. Street trees and streetlight locations are shown on the site plans. Street trees and streetlights will be field located to avoid conflicts with each other and utilities. The Property Owners Association for the parcel will maintain all common area landscaping. A street tree for each lot, as well as Sabal and/or Washington Palms, will be provided. 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 plan and the landscape plan. Signage for the parcel will be submitted to the Building Division for review and approval in accordance with the approved Master Signage program for the PCD. Drainage Drainage outfall from this site will be accomplished by drainage into inlets and culverts, outfalling into adjacent lakes that are part of the surface water management system for the project. CPTED Compliance In accordance with condition 63 of Ordinance 18, 2001, CPTED compliance is required for the overall PCD. The petitioner shall comply with the CPTED conditions of approval recommended by the Police Department. Waivers The requested waivers are listed in the chart below: 3 Date Prepared: January 29, 2003 Meeting Date: February 20, 2003 Resolution 24, 2003 Staff supports all waivers requested for Mirasol Parcel 24 because of the large amount of open space being provided throughout the entire PCD (66% provided vs. 20% required), and the specific design of the PCD. Furthermore, the waivers requested are consistent with those granted in other developments in the City, as well as the recently approved site plan for the zero lot line homes on Parcel 4. Staff also supports the roadway width waiver because it is consistent with City Code Section 78 -498 "Minimum Engineering Guidelines and Standards for Planned Developments." The minimum right -of -way width provided in these guidelines is 38 feet, whereas the applicant proposes 45 feet. The City has previously granted this waiver to Mirasol Parcels 6, 7, 9, and 10. Note: All waivers have been previously granted to Parcel 4 except for Roadway Width. 2 �" F % ' " Setbacks Code P> , 6 o e �ComplYa= c o f . Plan a' 20715' No Yes Building Front 25' Building Side 7.5' or 10% of lot 3'1 "/6'11"' No Yes Interior width which ever is greater Screen/Accessory . 7.5' or 10% of lot 31111/51 No Yes Structures - Side width which ever is Interior greater Screen/Accessory 10' 3' No Yes Structures - Rear Roadway Section 78 -498 (f) Width Roadway Width when Curbs are being used: 45' No Yes 50' Lot Width Section 78 -141 Minimum Lot Width for RL -3: 60' No Yes 65' Lot Coverage Section 78 -141 Maximum Lot Coverage for RL -3: 50% No Yes 35% Staff supports all waivers requested for Mirasol Parcel 24 because of the large amount of open space being provided throughout the entire PCD (66% provided vs. 20% required), and the specific design of the PCD. Furthermore, the waivers requested are consistent with those granted in other developments in the City, as well as the recently approved site plan for the zero lot line homes on Parcel 4. Staff also supports the roadway width waiver because it is consistent with City Code Section 78 -498 "Minimum Engineering Guidelines and Standards for Planned Developments." The minimum right -of -way width provided in these guidelines is 38 feet, whereas the applicant proposes 45 feet. The City has previously granted this waiver to Mirasol Parcels 6, 7, 9, and 10. Note: All waivers have been previously granted to Parcel 4 except for Roadway Width. 2 Date Prepared: January 29, 2003 Meeting Date: February 20, 2003 Resolution 24,2003 PLANNING & ZONING COMMISSION On January 14, 2003, the Planning and Zoning Commission voted 7 -0 to recommend approval of petition SP- 02 -25. STAFF RECOMMENDATION Staff recommends approval of Resolution 24, 2003, with the conditions outlined in the attached resolution. 5 Date Prepared: January 29, 2003 Page 1 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 24, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A SITE PLAN APPLICATION FOR PARCEL 24 WITH A TOTAL OF 50 ZERO LOT LINE SINGLE - FAMILY UNITS LOCATED WITHIN THE MIRASOL PCD AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (SP- 02 -25) from Urban Design Studio, agent for Taylor Woodrow Communities, for approval of a site plan for 50 zero lot line single- family homes within the Mirasol PCD, located between Hood Road and PGA Boulevard and west of the Ronald Reagan Turnpike, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, Ordinance 8, 2001, approved the Mirasol Planned Community Development; and WHEREAS, the applicant seeks seven (7) waivers as part of the site plan approval for the zero lot line single - family homes on 60 -foot wide lots; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) Overlay with an underlying zoning of Residential Low — 3 (RL -3) and has a future land - use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on January 14, 2003, the Planning and Zoning Commission recommended approval of the site plan for Mirasol Parcel 24; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: Date Prepared: January 29, 2003 Resolution 24, 2003 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 a site plan for 50 zero lot line single - family homes within Parcel 24 of the Mirasol PCD located between Hood Road and PGA Boulevard and to the west of the Ronald Reagan Turnpike, as more particularly described in Exhibit "A" attached hereto and incorporated herein. SECTION 3: Said site plan approval shall comply with the following conditions that shall be binding upon the applicant, its successors, assigns, and/or grantees: 1. The applicant shall include in the homeowners association documents language designed to plant and protect a designated shade tree on each lot for a formal street tree community program. The language must be reviewed and approved by the City Forester and the City Attorney prior to recording the HOA documents and issuance of the first residential Certificate of Occupancy (City Forester & City Attorney). 2. Prior to the issuance of the first residential Certificate of Occupancy, the applicant shall make provisions in the homeowners association documents to provide means of access to rear yards through common areas, lake maintenance easements and golf course areas, as applicable, for future construction or reconstruction by an owner, if access is not possible within the owner's property. Such access shall be subject to limitations, conditions, restrictions and requirements, determined by the association and governmental entities having jurisdiction. The homeowners' association documents shall be submitted prior to the first Certificate of Occupancy for the City Attorney's review and approval (Planning & Zoning, City Attorney). 3. The building and construction of any residential unit within Parcel 24 shall conform to the design guidelines listed in Exhibit `B" attached hereto and incorporated herein (Planning & Zoning). 4. Street trees and street lights shall be field located to avoid conflicts between lights and landscaping, including long term tree canopy growth (Police). 5. All lighting shall be metal halide (Police). 6. Pedestrian scale lighting shall be used for all street and pedestrian walkways (Police). 7. Numerical addresses shall be illuminated for nighttime visibility, shall have bi- directional visibility from the roadway, and numbers shall be a minimum of four - inches in height (Police). SECTION 4: The City Council hereby approves the following six (6) waivers for the zero lot line single - family homes on the 60 -foot wide lots with this approval: 1. A waiver from Section 78 -141 of the City Code, which requires a minimum lot width of 65 feet. The applicant proposes a lot width of 60 feet. The waiver is approved for 5 feet. 2 Date Prepared: January 29, 2003 Resolution 24, 2003 2. A waiver from Section 78 -141 of the City Code, which requires a maximum lot 35% coverage. The applicant proposes 50% lot coverage. The waiver is approved for 15 %. 3. A waiver from Section 78 -141 of the City Code, which requires a front setback of 25 feet. The applicant proposes a front setback of 20 feet for lots with a front entry garage, and a setback of 15 feet for those lots with a side entry garage. The waiver is approved for 5 feet for front entry garages, and 10 feet for side entry garages. 4. A waiver from Section 78 -141 of the City Code, which requires a minimum building side interior setback of 7 feet 6 inches. The applicant proposes a building side interior setback of 3 feet 1 inch on one side, and 6 feet 11 inches on the other side. The waiver is approved for 4 feet 5 inches, and 7 inches. 5. A waiver from Section 78 -141 of the City Code, which requires a minimum side setback of 7 feet 6 inches. The applicant proposes a setback of 3 feet 1 inch on one side and a 5 -foot setback on the other side for screens and accessory structures. The waiver is approved for 4 feet 5 inches, and 2 feet 6 inches. 6. A waiver from Section 78 -141 of the City Code, which requires a minimum rear setback of 10 feet. The applicant proposes a rear setback of 3 feet for screens and accessory structures. The waiver is approved for 7 feet. 7. A waiver from Section 78 -498 of the City Code, which requires a minimum roadway width of 50 feet when curbs are being used. The applicant proposes a roadway width of 45 feet. The waiver is approved for 5 feet. SECTION 5: Said approval and construction shall be consistent with the plans filed with the City's Growth Management Department as follows (dates represent the date the plans were received and stamped in): 1. Mirasol Parcel 24 Site Plan by Urban Design Studio, sheet SP -1, dated 12/24/02. 2. One -Story Proto - Typical Model by Sabatello, sheets 2,3,4, and 7, dated 11/15/02. 3. Two -Story Proto - Typical Model by Sabatello, sheets 2,3,4,5,7, and 7.1 dated 11/15/02. 4. Mirasol Parcel Features, by Krent Wieland Design, Inc., sheet L.1 dated 11/15/02. 5. One -Story Proto - Typical Landscape Plan, by Bradshaw Gill, sheet 1 dated 11/15/02. 6. Two -Story Proto - Typical Landscape Plan, by Bradshaw Gill, sheet 1 dated 11/15/02. 7. Boundary Survey, by Mock -Roos, sheet 2 of 4 dated 11/15/02. 8. Specific Purpose Survey, by Mock -Roos, sheets 1 & 2 dated 11/15/02. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 3 Date Prepared: January 29, 2003 Resolution 24, 2003 SECTION 7: 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 8: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of , 2003. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO 4 MAYOR JABLIN AYE NAY ABSENT K: C C 7-::) Z7- X 'r _Date Prepared: January 29, 2003 EXHIBIT A Resolution 24, 2003 LE-GAL DESCR I FT 1 ON: yep ce i i c-u cc : �a i r Se - ri`7n _ j i C / , ..J ...ice ..'- :.'. 11. �,•. 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'.'! ;• NOr�C iV1�1'i^' lv„ ♦ ' ' ;:n lingl Q disia7C$ � �n 4U�i1 -s•, no said ;' r ��_.•�" :`' ° ^�s 1 r, ft' nn n nl7i i 1 - �- SQi nCi �.^ur�e C"M.C;Y@ we5`� iC I Q•Ji�iC e -ecr- Nor •gip' i rl �'' rorl'iol I!ne LItanze 10�� arr x.,11 `` !�� tl%?�' f7dVrf1� C 'C)dl n vrC Sl• ^,.n :;'1,'D!J^'1 T t .3�, r c �n� 112 CrC C( u! 3 vi::C, ^.C� Ci 7�G,�5 jae `n1C inrouch G �_.•:. �i Cir-TI Ij l0 rald _ Lo o PCTiI� Qn G JrT pr CI V r_d iC,/. ^' :1n1� SG ,C point JpCr$ v1-1' LhfO��l:$ ^Ji .rV' V l aof ii,pr`o tno.'[ iar CiOnn �h CCy�:y_- }t: 07.0i1 i��l 4 d l j^ � a Cf A a1C L I In _ . 1= :I 1057 �eei ; F l: I)IGsi vl 1- Pl ✓v'1.O I.rirlL.�'i 11^lr.. L. i.� I7�S r y 1( C yri 3C :fTJs , • - DI npi lLenCe � i ..1N'! '�:.^ l`r�J: ;SiI:�SV. ine C' CI$vv %C_ Cf i0 Fr� CC1iiCiil ^flu Ct� 2..?4�.]9 OC _ * "7Cr 2:G I-M rnt 0 1T Pace 7 _ may' • �L Cr" 17 7 9�� LEGAL DZSCR1 ""1 G, j ._ LATS- yri oq I f I i 1 Date Prepared: January 29, 2003 Resolution 24, 2003 EXHIBIT B 1.) 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 2.) Building heights are not to exceed 36 feet. 3.) Decorative pavement shall be used on driveways and entry walks. 4.) Minimum quantities of plant materials required for each lot are: • 3 canopy trees or large palms (trees planted @ 12' o.a. height and 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; groundcovers are planted at 1 gal minimum. 5.) Adjacent homes shall not have the same front elevation and/or wall and trim color palette. 6.) Building lot coverage shall be limited to a maximum of 50 %. 7.) All homes will have architectural features to accent building elevations on all sides visible from the street. Architectural features shall return a minimum of 4 feet along side elevations. 8.) Color selections are noted on the architectural plans and are consistent with the earth tones previously approved within Mirasol. 7 19Ai8M wposodoid -- o apoo .. a II°ISIAlpq,S' O O O O O O O O N O N O N O N O N O N O N •• N N N N N N N SaAi2M pasocrold M M M M M M M M M M M M M M aapoD E-M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � w � G p pasodoSd N N N N N N M V1 N N N N N N N O u d d' aP°D £" RI oo t- n N c-� oo N zanreM pC pasodoza M M M M M M M M M M M Q u M M M w *POD £ -- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u ^" Janre 1 a o U pasodoid o N �^ O ^ O N `- M N N 0 0 0 N N N kn O ,./ 2poD £- m . r oo N t� N c- N t- N r N ri O .N-� N �. a N ri oo N r- v1 zantz� NA '3N o O N pasodosa n 0 o 0 o r- M 0 0 0 o o 0 o r- d O N N N N N O N oo N a�oc Z ianreM Z Z c c c :posodozd N N N N N N N N N N N N N N apoD £ -'m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 " W zz N N N N N N N N N N N N N N i pasodoSa 0 0 O N O N O N O O N O 0 0 0 0 0 0 O V`l N O O N N M N M Q ap0D £ N N N N N N N N N N N N N N O Fy JaAMM 'h. 0 pasodoi(I kn o o o w) v) In w) Nit' o w) o � 0 �N � o 0 0 0 0 0 0 0 0 0 0 0 0 a aP °✓ £- Im =u. ccn M M M M M M M M M M M M M ianre� 0 0 0 0 0 0 0 o �o 0 0 0 0 0 o v v N o 0 0 O O O O pasodotd � o o Do" ON 0"" o 0 0 0 0 0 0 0 Cl 0 Cl 0 0 0 aP°D £"`RI:. 0 0 0 0 0 C. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 .Q b pasodoid o o oo o 0 0 o 0 o 0 N 0 N °rn r. r. °D aP £" I2I 0 0 0 0 0 0 0 0 F � x cz i1 ^-- N N \,D l-- oo 01 o 0 a ° w 3 b zanTeAk wpasodozd v 4 opoo a s aoisTntpgnS o 0 0 0 0 .tanTeM Paso ozd M m M oo M oo M o0 apoD £ --fa o 0 0 0 0 U zanTVM a,pasodozd o r, �n u ~' d 'n Ln v ° aPOD £-` RI �, In , zanreM pasodozd A aPOD £-� 0 0 0 0 0 v zaniem 1 )6 1 H U pasodozd,; c 0 0 0 U M; aPOD £- RI zanTreM 1 O W �' a pasodozd O ° O O O O ti hl O m aPoD £-'Ri- vN (sy y d •p a� Z v a pasodozd �2 �2 2 aPOD £-qu ° ° ° N N W zanTEM 1 1 pasodozd N 'n o . vn o 'n o v-, o 'n A aPOD £-Im �, N v; N u, N In N N W MAlvAk 0 U pasodozd o o ° ° ° 0 e a o a o 0 .� aPOD £- m ` In ianTBAk 1 1 1 pasodozd ° o. Cl 0 Cl ° n � °O v vz aP°D £- o o o zanTe� 1 .'1 1 1 .d pasodozd °o In o 00 0 aPOD £--m w ° w m Pr ON W N N N N 0 a ° w 3 b CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 3, 2003 Meeting Date: February 20, 2003 Resolution: 27, 2003 Subject /Agenda Item: Appointing Election Officials for the General Election to be held in the City of Palm Beach Gardens on Tuesday, March 11, 2003 [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by. Originating Dept.: Costs: $ 19.803.00 Council Action: City Clerk (Total) City Attorne Pi [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Date: Finance Admi istrator: Funding Source: [x] Operating [ ] Continued to: Attachments: Paper: [ ] Other Submitted by: ( X ] Not Required Patricia Snider City Cl Department Director Affected parties Budget Acct. #: Notified 01- 230 -512 -5295 [ ] None Approved by City Manager [ ] Not required Date Prepared: February 3, 2003 Meeting Date: February 20, 2003 Resolution: 27, 2003 • BACKGROUND: The following Clerks, Precinct Advisors and Inspectors are hereby designated and appointed for the purpose of conducting the Election to be held in the City of Palm Beach Gardens, Florida, on Tuesday, March 11, 2003. • STAFF RECOMMENDATION: Staff recommends approval of Resolution 27, 2003. • RESOLUTION: 27,2003 Date Prepared: February 3, 2003 Page: 1 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 27, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING THE ELECTION OFFICIALS FOR THE GENERAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 11, 2003; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City Council wishes to appoint the Clerks, Precinct Advisors and Inspectors for the purpose of conducting the General Election to be held in the City of Palm Beach Gardens, Florida, on Tuesday, March 11, 2003; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION 2: The City Council hereby appoints the following Clerks, Precinct Advisors and Inspectors for the purpose of conducting the General Election to be held within the City of Palm Beach Gardens on March 11, 2003: PRECINCT 1016. 1018 &1018 -1 CLERK James Gallaher PRECINCT ADVISOR Saul Simon INSPECTOR Melinda Manone Galley INSPECTOR Richard Hoffman INSPECTOR Ruth Lipford INSPECTOR Raffaela Pennacchia INSPECTOR Isabel Buxeda PRECINCT 1022 & 1048 CLERK Bette Levine PRECINCT ADVISOR Robert Alexander Suarez INSPECTOR Anita Bole INSPECTOR Rose Cullen INSPECTOR Mary Day INSPECTOR Eileen Foley INSPECTOR Bonnie Lee Peacock CLERK PRECINCT ADVISOR DEPUTY INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR CLERK INSPECTOR CLERK PRECINCT ADVISOR DEPUTY INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR CLERK PRECINCT ADVISOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR CLERK PRECINCT ADVISOR INSPECTOR INSPECTOR PRECINCT 1024 & 1044 Melvin Levine James Payton Phillip Payton Alice Essayan Marilyn Gerson Pauline Hrehovich Mary Latino Phyllis Mumford Edward Rosema Talal Benothman Arthur Kaminski Alice Rudy Chanie Smith PRECINCT 1032 -1 Patricia McClung Elizabeth Saxton PRECINCT 1036 Maryon Gonzalez Alvin Feller Herbert Yound Jean Carver Michael DeRosa Gladys Squires Phyllis Leddy Martha Prasnol Julie Schettenhelm PRECINCT 1038 James Beltz Ray Ellis Albert Diley Julia England June Snyder Howell Cheryl Korman Sandra Dee Williams Raymond Premuroso Marjory Smith PRECINCT 1040 Dorothy Gallaher Harvey Silverman Debbie Ann Bonner Charlotte Crocker Date Prepared: February 3, 2003 Page: 2 Date Prepared: February 3, 2003 INSPECTOR INSPECTOR INSPECTOR INSPECTOR CLERK PRECINCT ADVISOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR CLERK PRECINCT ADVISOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR CLERK PRECINCT ADVISOR DEPUTY INSPECTOR INSPECTOR INSPECTOR CLERK PRECINCT ADVISOR DEPUTY INSPECTOR INSPECTOR INSPECTOR CLERK PRECINCT ADVISOR DEPUTY INSPECTOR INSPECTOR Francoise Essaya William McMahon Eugenia Vota Gregory Allen PRECINCT 1042 Ronald Gerson David Ashton Diane Brill Douglas Brookbank Samuel Dobson Mary Hogan William Olsen Merle Guliano PRECINCT 1046 Maria Negrin Alane Chockla Carol Lee Field Edith Merrell Toby Ruddick Brian Marx PRECINCT 1050 Duchesne Dennis Marie Setteducate Ernest Volonte Joseph Asta Allan Cohoon Lloyd Maurer PRECINCT 1114 Ruth Moore Edith Hofferman Enid Bordy Norman Plotsky Melvin Shuter Elizabeth Clark PRECINCT 1116 George Bondy Diane Brinson Duval Stanley Post Linda Passaro Yvonne Sitahal Page: 3 Date Prepared: February 3, 2003 CLERK PRECINCT ADVISOR ASSISTANT CLERK INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR CLERK PRECINCT ADVISOR DEPUTY INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR CLERK PRECINCT ADVISOR DEPUTY INSPECTOR INSPECTOR INSPECTOR INSPECTOR CLERK PRECINCT ADVISOR ASSISTANT CLERK DEPUTY INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR PRECINCT 1130 Sue Herman Banks Sharon Holinstat Barbara Thompson Margaret Elash John Hattan Consuelo Palenchar James Ponoch Brad Wiseman PRECINCT 1132 Annette Coutemanche Alan Weiner Paul Biadasz Nancy Bersin Lawrence Harj ehausen Geraldine Martino Edna Olsen Norman Ouellette Barbara Williford PRECINCT 1134 Dorris Gormley Norman Chabre Francis Pilchen Margaret Cannon Marie Fucetola Margery Walsh Sandra Friis PRECINCT 1142 Susan Trent Wilson Nicole Duchesne Marianne Fox Robert Tatum Ann Daley Ethel Moore Alice Salee Priscilla Salmon Marion Volonte Justin Wiles Page: 4 Date Prepared: February 3, 2003 CLERK PRECINCT ADVISOR ASSISTANT CLERK DEPUTY INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR CLERK PRECINCT ADVISOR DEPUTY INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR INSPECTOR CLERK INSPECTOR INSPECTOR PRECINCT 1156 Rose Esposito Gerald Holinstat Cecile Champagne Nicholas Dedominicis Mary Cadby Anna Dedominico Delores Goione Teresa Herbert Michael Sanchez PRECINCT 1162 Carl Miller Robert Sullivan Allison Gould Elizabeth Amisfield Arline Becker Carol Bova Marie Dooley Robert Hardman Elizabeth Holloway Lucy Ouellette PRECINCT 1204 Bernard Sementelli Serge Lindor Lorelei Mahler Page: 5 SECTION 3: In the event any person appointed above is unavailable on March 11, 2003, the City Clerk may appoint another qualified poll worker to serve in his or her place; and SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 6: This Resolution shall become effective immediately upon adoption. Date Prepared: February 3, 2003 Page: 6 PASSED, ADOPTED AND APPROVED this 20th day of February, 2003. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCIL,MEMBER CLARK COUNCIL.MEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY AB SENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 10, 2003 Meeting Date: February 20, 2003 Resolution: 31, 2003 Subject/Agenda Item: Resolution 31, 2003 — Approve a Declaration of Unity of Title related to the Burns Road Community Recreation Campus. [ X ] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ N/A Council Action: Angela Wroject (Total) Manager City Attorney Community Services Department [ ] Approved $ N/A [ ]Approved w/ Current FY conditions City Engine [ ] Denied Finance Dir ctor Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other • Resolution 31, 2003 • Ex. A - Declaration of Unity of Title Submitted by: )(l Not Required Jack Doughney, Community Servic Adm' ' Dep rt ire o _ Affected parties Budget Acct. #: Approved by: [ ] Notified [ ] None City Manager [ ] Not required Date Prepared: February 10, 2003 Meeting Date: February 20, 2003 Resolution: 31, 2003 BACKGROUND: LBFH, Inc. is currently in the process of redesigning the Burns Road Community Recreation Campus, which includes the incorporation of the Westminster Church parcel. Both parcels are being rezoned as a single Planned Unit Development. As a condition of approval, the City is also requiring execution of a Unity of Title that combines the original Burns Road Community Center parcel and the original Westminster Church parcel. STAFF RECOMMENDATION: Staff recommends approval of Resolution 31, 2003 authorizing the execution of a Unity of Title related to the Burns Road Community Recreation Campus. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 31, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A UNITY OF TITLE RELATING TO THE BURNS ROAD COMMUNITY CENTER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Staff has initiated improvements to the Burns Road Community Center, including the incorporation of the Westminster Church parcel; and WHEREAS, in accordance with the City's Land Development Regulations, the City is requesting that the entire property be rezoned and approved as a single Planned Unit Development; and WHEREAS, as a condition to such approval, the City is requiring execution of a Unity of Title combining the original Burns Road Community Center parcel and the original Westminster Church parcel; and WHEREAS, the City Council has deemed execution of the Unity of Title to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. 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 Unity of Title relating to the Burns Road Community Recreation Campus attached hereto as Exhibit "A" and incorporated herein by reference and directs the City Clerk to record the Unity of Title in the public records of Palm Beach County, Florida. 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. PASSED, ADOPTED AND APPROVED THIS DAY OF , 2003. ATTEST: CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT -2- Date Prepared: February 10, 2003 Meeting Date: February 20, 2003 Resolution: 31, 2003 EXHIBIT A DECLARATION OF UNITY OF TITLE PREPARED BY AND RETURN TO: Barry B. Byrd, Esq. Watterson & Hyland, P.A. 4100 RCA Boulevard, Suite 100 Palm Beach Gardens, FL 33410 W/C Box 33 DECLARATION OF UNITY OF TITLE THIS DECLARATION OF UNITY OF TITLE is dated this day of , 2003, by the CITY OF PALM BEACH GARDENS, FLORIDA, a Florida municipal corporation ( "OWNER ") having an address at 10500 North Military Trail, Palm Beach Gardens, Florida 33410. WHEREAS, OWNER is the record title holder of certain real property located in Palm Beach County, Florida, further identified as follows (hereinafter referred to as "Parcel V): SEE EXHIBIT "A" - PARCEL: 1, ATTACHED HERETO AND MADE A PART HEREOF; WHEREAS, OWNER is the record title holder of a contiguous parcel of real property located in Palm Beach County, Florida, further identified as follows (hereinafter referred to as "Parcel 2 "): SEE EXHIBIT "A" - PARCEL 2, ATTACHED HERETO AND MADE A PART HEREOF; WHEREAS, OWNER desires to construct certain improvements upon both Parcel 1 and Parcel 2 (said Parcel 1 and Parcel 2 are sometimes herein together referred to as the "Property "), and such Property is subject to the jurisdiction for development approval of the City of Palm Beach Gardens, Florida (the "Jurisdictional Agency "); WHEREAS, the Jurisdictional Agency, as a condition for the approval of the proposed improvements, requires that Parcel 1 and Parcel 2 remain under unified control and subject to the execution of this Declaration of Unity of Title by OWNER; NOW, THEREFORE, in consideration of the approval by the Jurisdictional Agency of the proposed improvements to be constructed upon Parcel 1 and Parcel 2, and in further consideration of the covenants and conditions contained herein, OWNER agrees and acknowledges as follows: The above recitals are true and correct and are incorporated herein by reference. Declaration of Unity of Title Page 1 2. Owner covenants that Parcel 1 and Parcel 2 shall be, and are hereby considered as one building lot and parcel of land, and that no portion of said Property shall be sold, transferred, devised, conveyed and /or assigned, in any manner whatsoever, separately, to any party, except in its entirety as one lot and parcel of land. 3. OWNER further agrees and acknowledges that the conditions, restrictions and limitations contained in this Declaration of Unity of Title shall be deemed to be covenants which run with the Property, and shall remain in full force and effect and shall bind the OWNER and all subsequent owners of said Property, unless and until this Declaration is terminated in the manner as described below. 4. This Declaration of Unity of Title may be terminated, released and discharged by the recording in the Public Records in the County in which the Property is located of a Notice of Termination of Unity of Title, executed and acknowledged by the Jurisdictional Agency and the then record title owner of the Property, which shall state, in effect, that: (A) Parcel 1 and Parcel 2 are no longer joined and /or connected by any improvements; (B) Parcel 1 and Parcel 2 may be sold, transferred, devised, conveyed and /or assigned as separate and distinct lots; and (C) the Jurisdictional Agency consents to and authorizes the release and discharge of Parcel 1 and Parcel 2 from the restrictions contained in this Declaration of Unity of Title. 5. Except as specifically provided for herein, nothing contained herein shall be deemed to limit the applicability of such further regulations and guidelines applicable to construction of improvements upon the Property. IN WITNESS WHEREOF, the OWNER has executed this Declaration of Unity of Title as of the date first written above. Signed, sealed and delivered in the presence of: (Type or Print Name of Witness) (Type or Print Name of Witness) "OWNER" CITY OF PALM BEACH municipal corporation M Attest: 0 Eric Jablin, Mayor GARDENS, FLORIDA, a Patricia Snider, City Clerk Declaration of Unity of Title Page 2 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2003, by Eric Jablin and Patricia Snider, as Mayor and City Clerk of the CITY OF PALM BEACH GARDENS, FLORIDA, a municipal corporation. NOTARY PUBLIC (Print Name) My Commission Expires: Personally Known ❑ OR Produced Identification ❑ Type of Identification: P AC P W i n \H I STO RY\030124A \43 F.194 (319.062) d oc404 Declaration of Unity of Title 3 Page 3 LEGAL DESCRIPTION EXHIBIT "A" PARCEL 1 A parcel of land situate in Section 12, Township 42 South, Range 42 East, City of Palm Beach Gardens. Palm Beach County, Florida. being more particularly described as follows: Beginning at the Northwest corner of the Southeast quarter of said Section 12; thence Easterlv along the North line of said Southeast quarter, a distance of 354.;4 feet; thence Southerly, parallel to the West line of said Southeast quarter, a distance of 608.24 feet to the proposed Northerly Right . of Way line of the Thompson River; thence Westerly, making an angle with the preceding course of 89 ° 59' 50 ", measured from North to West, and along said proposed Northerly Right of Way line, a distance of 354.34 feet, more or less. to a point in the West line of said Southeast quarter; thence Northerly, along said West line of said Southeast quarter, a distance of 608.07 feet, more or less, to the Point of Beginning. Less the `rest 53 feet thereof for the Right of Way of Military Trail and Less the North 30 feet thereof for the Right of Way of Bums Road. Subject to an easement of public utilities over the Southerly 12 feet thereof. Also. less the following described parcel of land: Being a parcel of land lying in the Southeast one quarter of Section 12, Township 42 South. Rance 42 East. Cite of Palm Beach Gardens. Palm Beach County. Florida, and being more particularly described as follows: Beginning at the intersection of the South Right of Way line of Burns Road (60 Foot Right of Way ) and the East Right of Way line of Military Trail (S.R. 809); thence South 880 05' 00" East, along said South Right of Way line of Burns Road, a distance of 24.98 feet; thence departing said South Right of Way line, South 460 56' 40" West, a distance of 35.34 feet to the said East Right of Way line of Military Trail, said East Right of Way line being East. 53.00 feet from the centerline of Military Trail as this point; thence North 01 ° 58' 20" East. along said East Right of Way line, a distance of 24.98 feet to the point of beginning. Parcel I excludes the following property: A PORTION OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE - QUARTER (SIA) CORNER OF SAID SECTION 12;THENCE NO 1'33'25 "E, ALONG THE NORTH -SOUTH ONE - QUARTER (N -S 1/4) SECTION LINE OF SAID SECTION 12, A DISTANCE OF 2153.06 FEET; THENCE S88'26'35 "E, 53.00 FEET TO A POINT ON THE EXISTING EAST RIGHT -OF -WAY LINE OF MILITARY TRAIL (PER DEED BOOK 814, PAGE 109; OFFICIAL RECORDS BOOK 1544, PAGE 1; AND OFFICIAL RECORDS BOOK 6173, PAGE 1811), SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NO1'33'25 "E, ALONG SAID RIGHT -OF -WAY LINE, 456.96 FEET; THENCE N46'31'41 "E, ALONG SAID RIGHT -OF -WAY LINE 35,34 FEET TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF BURNS ROAD (60 FEET WIDE); THENCE S88'30'04 "E, ALONG SAID RIGHT -OF -WAY LINE 29.98 FEET; THENCE S46'31'41 "W, 56.54 FEET; THENCE S01'33'25W, ALONG A LINE 15.00 FEET EAST OF AND PARALLEL WITH SAID EAST RIGHT -OF -WAY LINE OF MILITARY TRAIL, A DISTANCE OF 379.50 FEET; THENCE 515'03'10 "W, 64.27 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN PALM BEACH COUNTY, FLORIDA, CONTAINING 7247 SQUARE FEET (0.17 ACRES), MORE OR LESS. LEGAL DESCRIPTION Parcel 2 ORB. 2695, PG. 1485 THE WEST HALF OF THE SOUTHEAST QUARTER, SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, LYING NORTH OF THE THOMPSON RIVER AND SOUTH OF BURNS ROAD, LESS THE WEST 354.34 FEET THEREOF, AND ALSO LESS THE EAST 25 FEET OF THE WEST 392.34 FEET OF THE SOUTH 25 FEET OF THE NORTH 142 FEET OF THE SOUTHEAST QUARTER SECTION 12, TOWNSHIP 42 SOUTH RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA PACPW in\HISTORY\021101 A \43F.169 \jsa(319.062)- doc361 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 10, 2003 Meeting Date: February 20, 2003 Resolution 35, 2003 Subject/Agenda Item: Evergrene P.C.D. -Plat Five (Parcel 8) Subdivision Plat. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City Attorn [ ] Approved � $ [ ]Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other Submitted by: C C�a-o.i1..__ [ X ] Not Required Sean C. Donahue, P.E. Assistant City Engineer Department Director Affected parties [ ]Notified Budget Acct. #: [ ]None Approved by: Y. Cit Man [ ] Not required Date Prepared: February 10, 2003 Meeting Date: February 20, 2003 Resolution 35, 2003 EXIBITS & ATTACHMENTS MENTIONED, MUST BE INCLUDED WITH THE MENTIONED ITEM AND BEFORE THE NEXT TOPIC • BACKGROUND: • MISC / OTHER • STAFF RECOMMENDATION: • RESOLUTION: CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 35, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE EVERGENE P.C.D. PLAT FIVE (PARCEL 8) PLAT AND, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Evergrene P.C.D. Plat Five (Parcel 8) 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; and WHEREAS, the City Council has deemed approval of this resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. 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 is hereby made a specific part of this Resolution. SECTION 2: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Evergrene P.C.D. Plat Five Plat consisting of four (4) sheets dated January 2003, prepared by Keshavarz & Associates, Inc., attached hereto as Exhibit "A." 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. - 1 - PASSED, ADOPTED AND APPROVED this day of 52003. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEM 3ER DELGADO MAYOR JABLIN AYE NAY ABSENT Date Prepared: February 10, 2003 Meeting Date: February 20, 2003 Resolution 35, 2003 EXHIBIT A L b-C INC, CONSULTING CIVIL ENGINEERS, SURVEYORS &MAPPERS 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 (772) 286 -3883 Fax (772) 286 -3925 www.lbfh.com MEMORANDUM TO: Patricia Snider, City Clerk FROM: Sean C. Donahue, PE DATE: February 10, 2003 FILE NO. 01 -4214 SUBJECT: Evergrene P.C.D. -Plat Five (Parcel 8) We have completed our review of the plat for the referenced project prepared by Keshavarz & Associates, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. We have no engineering concerns with this plat. Therfore, we recommend its approval. SCD/ P A\Pbgmemo \4214 \4214m. doc CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 4, 2003 Meeting Date: February 20, 2003 Ordinance 8, 2003 Subject /Agenda Item: Ordinance 8, 2003 — Telecommunication Tower Amendments First Reading/Public Hearing: A City initiated request to amend the Palm Beach Gardens Code of Ordinances by amending Section 78- 154(1), Section 78- 155(s), and Section 78 -159 (footnote 64) of the Land Development Regulations relative to wireless telecommunication towers and related facilities. [ X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Principal Planner Talal Benothman, AICP City Attorney zpw Leonard Rubin, quire AAi hA 'VILL- Charles K. Wu, AICP Growth Management Administrator Approved by: Ferris City Originating Dept.: Growth Management: Project Manager Jackie Holloman,iglanner Advertised: Yes Costs: $ NA ( otal) I City Council: $ NA Current Funds Funding Source Date: February 12, 2003 1 [ ] Operating Paper: Palm Beach Post Affected parties ] Notified [ X ] Not required [ X ] Other Budget Acct. #: NA [ ] Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: - Ordinance 8, 2003 - LDR Section 78 -154 (i) - LDR Section 78 -155 (s) - Section 78 -159 (64) - Telecommunications Act of 1996 Summary - Tower Sites - Letter to Providers - PB Post Advertisement [ ] None Date Prepared: February 4, 2003 Meeting Date: February 20, 2003 Ordinance 8, 2003 BACKGROUND The current "Telecommunication Tower Ordinance" was adopted by Ordinance 24, 1997, (now codified as Section 78 -159, footnote 64) in response to growing concerns regarding the proliferation of telecommunication facilities. The proliferation of these towers is largely a result of the rapid growth in cellular phone use. The issue of cellular tower location within the City was debated in 1996, when an applicant proposed the location of three 125 -foot telecommunication towers in the City, adjacent to a residential area in unincorporated area of Palm Beach County, the Palm Beach Country Estates community. Resident concerns included the aesthetic detriment of tower heights, visibility of such towers from residential areas and backyards, and a concern that a visible cellular tower may lower property values. Additionally, there were health concerns about electromagnetic energy being conducted in close proximity to homes. Although there is no conclusive evidence that close proximity to electromagnetic waves causes health problems, there is no substantial evidence that it does not. In 1996, the Federal Government passed the Telecommunications Act of 1996, whose main purpose was to de- regulate the cellular /wireless phone industry and promote lower prices, better service, faster access to new technologies, and to promote the "removal of barriers to entry" into the business of telecommunication services. While this may be construed as an attempt to remove or supersede restrictive zoning laws that prevent the construction of towers, the Act also states that "nothing in this section shall affect the ability of a State to impose ...requirements necessary to ... protect the public safety and welfare, ...and safeguard the rights of the consumers." Therefore, both sides on this issue may claim that the Act does not undermine their cause. A copy of a summary of the Act and relevant case law and discussion is attached for the Commission's review. Ordinance 24, 1997, was drafted following the passage of the Federal Act and is consistent with the language provided in said Act. SUMMARY OF EXISTING TEXT Chart of Permitted Uses The Chart of Permitted Uses provides for "Wireless Telecommunication Facilities" to be a permitted use in Commercial (CN, CG -1, CG -2, CR) and Industrial (M1, MIA) zoning districts, and as a conditional use (CU) in Professional Office (PO), Public/Institutional (P/I), Conservation and Planned Development Area (PDA). Telecommunication facilities are prohibited in all residential zoning districts. Telecommunication facilities are permitted in all zoning districts as an "accessory use." OA Date Prepared: February 4, 2003 Meeting Date: February 20, 2003 Ordinance 8, 2003 Telecommunications Tower Ordinance: Section 78 -159 (64) Section 78 -159 (64) is a footnote to the "Wireless Telecommunication Facility" use listed in the Chart of Permitted Uses. This section describes additional restrictions and requirements for telecommunication towers that include: (1) For Conditional Uses: All towers and antennas for which conditional use approval is necessary shall be separated from residential land uses, as designated by the applicable comprehensive plan or land development regulations by the greater of 500 feet or 300 percent of tower height. Tower separation shall be measured from the base of the tower to the lot line of nearest residential use. (2) For Conditional Uses and Permitted Uses: • Setbacks: Towers must be setback from all tower lot lines a minimum distance of 110 percent of the height of the tower. • Separations: Any tower shall be separated from any other tower by a distance of not less than one mile, as measured by a straight line between the bases of the tower. (3) Permitted Uses on Public Property: • Review proceeds to City Council within 30 days of date of filing the application. • City Council may waive or modify certain requirements contained herein, including setback and separation requirements. Telecommunication Tower as an Accessory Use in PUDs and PCDs Section 78- 154(1), Planned Unit Development, and Section 78- 155(s), Planned Community District, both allow for telecommunication towers as an accessory use within a PUD/PCD of 50 acres or more, given that the tower site is at least 10,000 square feet in size with a minimum lot dimension of 100 feet by 100 feet. The language for telecommunication towers as accessory uses was added to the PUD and PCD sections of the Land Development Regulations (LDRs) during the July 2000 LDR amendments. The revisions to the LDRs were proposed to allow for more opportunities for the construction of telecommunication towers than the Telecommunication Towers Ordinance provided, and this was necessary to provide for adequate wireless phone service Citywide. This amendment was subsequently adopted by the City Council. 3 Date Prepared: February 4, 2003 Meeting Date: February 20, 2003 Ordinance 8, 2003 ISSUES FOR CONSIDERATION The first application of the LDRs regarding the construction of telecommunication towers within PUDs occurred with the Westwood Gardens application. The application process created several challenges for staff, and are listed as follows: (1) It was not clear if the accessory use language automatically granted all PUDs greater than 50 acres the ability to construct towers of up to 150 feet in height with minimum restrictions and no deference to residential areas. (2) If telecommunication towers are automatically granted accessory use status in these PUDs, then are they still subject to meeting the requirements of the Telecommunication Tower Ordinance, at least as a Permitted Use? This connection is ambiguous in the present language. (3) Further definitions are needed regarding this issue. For example, "tower lot line" is not defined, so it was unclear if this referenced the boundary of the PUD or the area leased by the wireless service provider. (4) If wireless technology is greatly needed by the residents of the City since the passage of the Telecommunication Tower Ordinance, and the population growth into previously undeveloped areas requires greater coverage, then should the City consider less restrictive regulations to allow for construction of these towers? (5) It is not clear if the only requirements that can be waived by the City Council are those associated with a permitted use on public property. This is the only subsection of the Telecommunications Tower Ordinance that is implicit about City Council waiving certain requirements. SUMMARY OF PROPOSED TEXT CHANGES The purpose of the proposed text changes is to clarify the language relative to towers as accessory uses in PUDs and PCDs, to clarify the ambiguous language between the LDRs PUD and PCD language and the tower ordinance language, to clarify City Council's right to waive certain requirements, and to add a definition for "tower lot line." Therefore, staff is proposing revised language for both Section 78- 154(1) Planned Unit Development Overlay District (PUD)- Communication Tower and Section 78- 155(s) Planned Community Development Overlay District (PCD)- Communication Towers. rd Date Prepared: February 4, 2003 Meeting Date: February 20, 2003 Ordinance 8, 2003 CONSISTENCY WITH LAND DEVELOPMENT REGULATIONS The proposed amendments are consistent with the Land Development Regulations, and the proposed language strengthens and clarifies the existing Code. TELECOMMUNICATION SERVICE PROVIDERS On November 12, 2002, letters requesting comments from the industry were sent to Gulf Coast Real Estate Consultants, Nextel, Urban Design Studio, Verizon, Cingular, and AT &T Wireless. To date, no comments have been received from these consultants and telecommunication service providers. LAND DEVELOPMENT REGULATIONS COMMISSION At the public hearing on January 14, 2003, the Land Development Regulations Commission voted 7 -0 to recommend approval of Petition LDR -02 -05 to the City Council. STAFF RECOMMENDATION Staff recommends approval of Ordinance 8, 2003. Jackie /Telecommunication Towers /SP0205 stf CCF 02 20 03.doc 5 Date Prepared: February 7, 2003 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 8, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE CITY CODE OF ORDINANCES RELATING TO THE LOCATION AND SITING OF TELECOMMUNICATIONS TOWERS; AMENDING SECTION 78 -154, "PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT (PUD)," SECTION 78 -155, "PLANNED COMMUNITY DEVELOPMENT OVERLAY DISTRICT (PCD)," AND SECTION 78 -159, FOOTNOTE (64), "WIRELESS TELECOMMUNICATION FACILITIES," OF CHAPTER 78, "LAND DEVELOPMENT," PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City staff has initiated an amendment (Petition LDR- 02 -05) to the City's Land Development Regulations amending Chapter 78 of the City Code of Ordinances, "Land Development," by amending Section 78 -154, "Planned Unit Development Overlay District (PUD)," Section 78 -155, "Planned Community Development Overlay District (PCD)," and Section 78 -159, "Permitted, Conditional, and Prohibited Uses," (footnote 64); and WHEREAS, on January 14, 2003, the Planning and Zoning Commission, the duly constituted Land Development Regulations Commission for the City, conducted a public hearing and recommended approval and adoption of the subject amendments to the City's Land Development Regulations; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: 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 Ordinance upon adoption hereof. SECTION 2. The City Council hereby amends Section 78 -154, "Planned Unit Development Overlay District (PUD)," of the City Code of Ordinances to read as follows (new language is underlined): Date Prepared: February 7, 2003 Ordinance 8, 2003 Sec. 78 -154. PUD — Planned unit development overlay district (PUD). (i) Communication towers. Any PUD of 50 acres or more may, if so approved by the City Council, allow for a potential communication tower site, to be identified on the master development plan of the PUD. The tower site shall comply with the standards listed below. (1) The boundaries of a tower site shall be clearly shown on a master site plan depicting all boundary lines for such site and must be at least 10,000 square feet, with minimum dimensions of 100 feet by 100 feet for PUDs. The closest boundary line of a tower site in a residential PUD to the closest boundary line of the nearest residential lot or recreational parcel shall be no less than 500 feet. (2) All towers shall be considered an accessory use in the PUD, and shall be required to meet all requirements for "Wireless Telecommunication Facilities" set forth in Section 78 -159 of the Land Development Regulations. (3) In a PUD with mixed residential and nonresidential uses, a building at least 40 feet in height may substitute as a tower site upon which a telecommunications tower may be placed. (4) The City Council may waive or modify certain requirements for Wireless Tele- communication Facilities, consistent with the provisions of Section 78 -158 of the Land Development Regulations. (5) All obsolete or unused communication tower facilities shall be removed by the property owners' association (P.O.A.) of the PUD within 12 months of cessation of use. (6) An qpplication for approval to construct and/or operate a tower on a tower site shall show the location of the proposed placement of the tower site and, once approved by City Council such placement may not thereafter be changed without the prior approval by the City Council. SECTION 3. The City Council hereby amends Section 78 -155, "Planned Community Development Overlay District (PCD)," of the City Code of Ordinances to read as follows (new language is underlined): Section 78 -155. PCD — Planned community development overlay district (PCD). (s) Communication towers. Any PCD of 50 acres or more may, if so approved by the City Council, allow for a potential communication tower site, to be identified on the master development plan of the PCD. The tower site shall comply with the standards listed below. (1) The boundaries of a tower site shall be clearly shown on a master site plan depicting all 2 Date Prepared: February 7, 2003 Ordinance 8, 2003 boundary lines for such site and must be at least 10,000 square feet, with minimum dimensions of 100 feet by 100 feet for PCDs. The closest boundary line of a tower site in a residential PCD to the closest boundary line of the nearest residential lot or recreational parcel shall be no less than 500 feet. (2) All towers shall be considered an accessory use in the PCD, and shall be required to meet all requirements for "Wireless Telecommunication Facilities" set forth in Section 78 -159 of the Land Development Regulations. (3) In a PCD with mixed residential and nonresidential uses, a building at least 40 feet in height may substitute as a tower site upon which a telecommunications tower maw placed. (4) The City Council may waive or modify certain requirements for Wireless Telecommunication Facilities, consistent with the provisions of Section 78 -158 of the Land Development Regulations. (5) All obsolete or unused communication tower facilities shall be removed by propert y owners' association (P.O.A.) of the PCD within 12 months of cessation of use O An application for approval to construct and/or operate a tower on a tower site shall show the location of the proposed placement of the tower site and once approved by City Council such placement may not thereafter be changed without the prior approval by the CitX Council. SECTION 4. The City Council hereby amends Section 78 -159, Permitted, Conditional, and Prohibited Uses, footnote (64), Wireless telecommunication facilities, c. Definitions, of the Land Development Regulations of the City of Palm Beach Gardens, to read as follows (added language is underlined): Section 78 -159. (64)c. Wireless telecommunication facilities, Definitions. Tower lot line means the boundaries of the tower site within the PUD/PCD upon which a telecommunication tower may be constructed The description of the boundaries ma by e set forth on a plat, on a site plan, in a deed of conveyance or in a written lease license agreement or other document acceptable to the Growth Management Administrator. Tower lot lines shall delineate a "tower site" as required in Section 78- 154(1) and Section 78- 155(s) of the Land Development Regulations. SECTION 5. It is the intention of the City Council and it is hereby ordained that the provisions of this Ordinance shall be made a part of the Code of Ordinances of the City of Palm Beach Gardens, Florida, and that Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in order to accomplish such intention. Date Prepared: February 7, 2003 Ordinance 8, 2003 SECTION 6. All Ordinances, or parts of Ordinances in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 7. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance than can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 8. It is the intention of the City Council and it is hereby ordained that the provisions of this ordinance shall be made a part of the Code of Ordinances of the City of Palm Beach Gardens, Florida, and that Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section," "Article," or such other word or phrase in order to accomplish such intention. SECTION 9. This Ordinance shall become effective on the day of adoption. [This space intentionally left blank.] rd PASSED, FIRST READING this PASSED, SECOND READING this PASSED, ADOPTED AND APPROVED this SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Jackie /LDR0205 ORD 8 03 1" rdg.doc 5 Date Prepared: February 7, 2003 Ordinance 8, 2003 day of day of day of COUNCILMEMBER CLARK COUNCILMEMBER RUSSO 2003. 2003. 2003. COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY AYE NAY ABSENT LAND DEVELOPMENT § 78 -155 (12) Mixed use open space. The open space requirements of this section shall apply to the various parcels within a mixed use PUD. However, a minimum of 15 percent of gross land area shall be retained as open space within a mixed use PUD. (13) Open space determination. Open space shall be provided consistent with the require- ments of section 78 -314. (14) Waivers. A development order application for a PUD may request one or more waivers from the standards applicable to the underlying zoning district, subject to the provisions of section 78 -158. (h) Storage areas. The city council may allow PUDs to identify on the master PUD site plan a parcel or area to be established for residents to store boats, recreational vehicles, trucks, or similar items that normally cannot be parked or stored at a residence. (1) Storage areas shall be screened with an opaque barrier consisting of fences, walls, berms, landscaping, or any combination thereof. The screening shall be at least six feet in height, and shall be consistent with the landscaping and architectural theme for the PUD. (2) The PUD shall be at least 50 acres in size. (3) At least one storage space per ten units shall be provided. (i) Communication towers. Any PUD of 50 acres or more may allow a potential communi- cation tower site, to be identified on the master PUD site plan. The tower site shall comply with the standards listed below. (1) The site shall be at least 10,000 square feet, with minimum dimensions of 100 feet by 100 feet. (2) The tower shall be considered an accessory use in the PUD. (3) In a PUD with mixed residential and nonresidential uses, a building at least 40 feet in height may substitute as a tower site. (Ord. No. 17 -2000, § 88, 7- 20 -00) /Sec. 78 -155. PCD— Planned community development overlay district (PCD). Y (a) Composition and intent. The PCD overlay district is composed of large tracts of land which are planned to function as a relatively self - contained and identifiable district, section, or neighborhood community of the city. It is the intent of the district regulations to encourage ingenuity and imagination in the planning and development or redevelopment of suitable tracts of land large enough to accommodate the various uses and activities associated with a planned community and to permit a large area to be developed under one master plan that includes a mix of land use types at different levels of intensity. The PCD overlay district also is intended to encourage the use of architectural and design features which are aesthetically pleasing and supportive of an enhanced quality of life. The PCD overlay district also is intended for development to occur in a manner that provides one or more specifically identifiable benefits to city residents. Supp. No. 10 CD78:99 LAND DEVELOPMENT § 78 -155 (2) Residential components. A minimum of 35 percent of the total land area of each residential component in a PCD shall be maintained as open space. (3) Nonresidential components. A minimum of ten percent of the total land area of each nonresidential component in a PCD shall be maintained as open space. (4) Mixed uses. Open space uses in those components of a PCD which contain both residential and nonresidential uses shall be at least 20 percent of the total area of such components. (5) Adjacent open space. Any open space located adjacent to a residential or nonresidential use component within a PCD may, at the discretion of the city council, be credited toward the open space requirements of adjacent residential or nonresidential compo- nents. (p) Open space determination. Open space shall be provided consistent with the require- ments of section 78 -314. (q) Waivers. A development order application for a PCD may request one or more waivers from the standards applicable to the underlying zoning district, subject to the provisions of section 78 -158. (r) Storage areas. The city commission may allow PCDs to identify on the master development plan a parcel or area to be established for residents to store boats, recreational vehicles, trucks, or similar items that normally cannot be parked or stored at a residence. Storage areas shall comply with the standards listed below. (1) Storage areas shall be screened with an opaque barrier consisting of fences, walls, berms, landscaping, or any combination thereof. The screening shall be at least six feet in height, and shall be consistent with the landscaping and architectural theme for the PCD. (2) The PCD shall be at least 50 acres in size. (3) At least one storage space per ten units shall be provided. (s) Communication towers. Any PCD of 50 acres or more may allow a potential communi- cation tower site, to be identified on the master development plan. The tower site shall comply with the standards listed below. (1) The site shall be at least 10,000 square feet, with minimum dimensions of 100 feet by 100 feet. (2) The tower shall be considered an accessory use in the PCD. I (3) In a PCD, a building at least 40 feet in height may substitute as a tower site. (Ord. No. 17 -2000, § 89, 7- 20 -00) Supp. No. 10 CD78:103 LAND DEVELOPMENT § 78-159 (62) Utility plant and major substation. Water treatment, sewer treatment, electric, gas or other utility plants and major substations are permitted as a conditional use in the following zoning districts: P/I, PDA, CONS, Ml, M1A, and M2. Utility plants and major substations shall comply with the standards listed below. a. The plant shall be compatible with surrounding land uses. b. The plant shall implement city - approved odor control policies if sludge is stored on -site. C. The plants are setback a minimum of 500 feet from any property with a residential future land use or zoning designation, or property used as a public park. d. The plants are setback a minimum of 250 feet from any property with a nonresidential future land use or zoning designation. e. A perimeter landscape buffer of at least 25 feet in width shall be provided on all sides of the plant. Landscaping within the buffer shall comply with the require- ments of division 7 of article V. f. Vehicular access shall be provided from a city collector, county minor arterial, state minor arterial, state, or state principal arterial roads. (63) Utilities, minor. Minor utilities include utility poles, utility substations, service boxes for underground electrical, telephone and cable utilities, lift stations, telephone switching equipment, and unstaffed exchange buildings. Minor utilities shall comply with the standards listed below. a. Existing utility poles installed by public utility companies are not required to comply with minimum setbacks of this chapter. b. All new or replacement poles shall be concrete and shall conform to city standards with regard to location within public rights -of -way and easements. C. Minor utility facilities may be required to be screened if visible from public rights -of -way or properties with a residential future land use or zoning designa- tion. (64) Wireless telecommunications facilities. Wireless telecommunications facilities may be installed subject to the standards an` d requirements listed below. a. Purpose. The purpose of this section is to establish standards for the siting of wireless telecommunications towers and antennas. The standards are intended to provide the benefits listed below. 1. Protect and promote the public health, safety, and general welfare of the residents of the city. 2. Minimize potential adverse impacts of towers and antennas on residential areas and land uses. Supp. No. 10 CD78:147 § 78-1594- PALM BEACH GARIIENS CODE 3. Encourage the location of towers in nonresidential areas and to locate them, to the extent possible, in areas where the adverse impact on the community is minimal. 4: Minimize the total number of towers throughout the community by stronglyy encouraging the co-location of antennas on new and pre - existing towers or r other structures as a primary option rather than. construction of additional single -use towers. 5: Encourage users of towers and- antennas to locate such facilities in a manner that minimizes the adverse visual impact of the towers and- antennas through careful design, siting, landscape screening, and innovative camou- flaging techniques. 6. Enhance the provision of telecommunications. services to the -community through an efficient and timely application process. b. Additional standards. In furtherance and support of the standards contained herein, the city shall at all times give due consideration to the city's comprehen- sive plan, zoning map, land development regulations, existing land uses, future land uses and environmentally sensitive areas, including hurricane preparedness areas, in approving sites for the location of towers and antennas. C. Definitions. Notwithstanding the definitions of section 78 -751, the following terms shall have the meanings set forth below, and shall control over any other definition contained herein. 40 Alternative tower structure- means a structure that camouflages or conceals the presence of a telecommunication tower, such as manmade trees, clock towers, bell steeples, light poles, utility poles, and similar alternative designs. Antenna means a transmitting or receiving device mounted on a tower, building, or structure used in telecommunications and personal wireless services that radiates or captures electromagnetic waves, digital signals, -analog signals, or radio frequencies, including, without limitation; directional antennas such as panel and microwave dish antennas; and, *omni- directional antennas such as whips; but excluding radar antennas ;::amateur radio - antennas •and satellite earth` stations. Backhaul network means the lines that connect- a provider's towels and!cell sites tdzone or more cellular telephone switching:offices ; ,the public switched-telephone network, or.long distance providers.-. Broadcasting facility means any tower built primarily for the purpose -of broad- casting AM, FM, or television signals. Equipment cabinet (cabinet) means any structure used 'to enclose mechanical equipment to use with or service a tower or antenna. Essential service means those services provided by the city. another governmen- tal entities that directly relate to,the healthand- -safety ofthe city's- residents, including fire, police, and rescue services: Supp.;,No.• 10- - CD78 148,1 LAND DEVELOPMENT § 78 -159 Extraordinary conditions means conditions which occur subsequent to a hurri- cane, flood, or other natural hazard or subsequent to a defective finding on a previous inspection. FAA means the Federal Aviation Administration. Fair market value means the price at which a willing seller, or tower operator, and willing buyer, or service provider seeking to rent space on an operator's tower, will trade. FCC means Federal Communications Commission. Guyed tower means a telecommunication tower that is supported, in whole or in part, by guy wires and ground anchors. Height means the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna or other apparatus. Lattice tower means a communication tower that is constructed to be self - supporting by lattice -type supports and without the use of guy wires or other supports. Microwave dish antenna means a dish -like antenna used to link communication, telecommunication, and personal wireless services sites together by wireless transmission of voice or data. Monopole tower means a communication tower consisting of a single pole or spire, self - supported on a permanent foundation, constructed without guy wires, ground anchors, or other supports. Operator means an individual, partnership, association, joint -stock company, trust, corporation, limited liability corporation, or other legal entity engaged in the control or maintenance of all instrumentalities, facilities, and apparatus incidental to wireless telecommunication transmission, including, but not limited to, a tower, antennas, associated buildings, cabinets, and equipment. For pur- poses herein, an operator may or may not hold a sublease, license, agreement, or title to the lot on which a tower is sited. Pre - existing towers and pre - existing antennas mean any tower or antenna for which a building permit or special use permit has been properly issued prior to January 22, 1998, including all legally existing towers and antennas, whether permitted or not. Provider means an individual, partnership, association, joint -stock company, trust, corporation, limited liability corporation, or other legal entity holding a license of the proper class, as prescribed and issued by the'FCC, and authorized to offer telecommunications services to the public through radio transmission. A provider is not necessarily an operator, as defined in this section; however, a provider may obtain a license or lease space or equipment from an operator. Supp. No. to CD78:149 § 78-159 Supp. No. 10 PALM BEACH GARDENS CODE State -of -the -art means existing technology with that level of technological perfor- mance, capacity, equipment, components, and service equal to or more advanced than the technology used by comparable facilities located in comparable commu- nities in the state, For purposes of this definition, it is established that different types of facilities, i.e., PCS, cellular, or EMSR, are not considered comparable tw, each other, only to those facilities of a similar type. Stealth facility means any telecommunications facility which is designed to blend into the surrounding environment. For example, architecturally screened roof - mounted antennae, building- mounted antennas painted to match the existing structure, and antennas integrated into architectural elements. Telecommunications facility means a facility that is used to provide one or more telecommunications services, including, without limitation, radio transmitting towers, other supporting structures, and associated facilities used to transmit telecommunications signals, excluding amateur radio transmitting towers and broadcasting facilities: An open video system's not a telecommunication facility to the extent that it provides only video services, and a cable system is not a telecommunications system to the extent that it provides only cable service. Telecommunications services means the offering of telecommunication services (or the transmission, between or among points specified by the user of informa- tion, without change in the form or content of the information), for a fee, directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Telecommunications tower means any structure, and support thereto, designed and constructed primarily for the purpose of supporting one or more antennas intended to provide telecommunication services, including lattice, monopole, and guyed towers. The term includes personal wireless service facilities used for the provision of commercial mobile services, unlicensed wireless services which are those telecommunications services using.duly authorized devices which do not require individual licenses, and common carrier wireless exchange access.service. The term does not include radio and television transmission towers, amateur radio transmitting towers, or broadcast facilities. Whip antenna means a cylindrical antenna that transmits signals in 360 degrees. Applicability. 1. New towers and antennas. Applicants seeking to construct towers or ' antennas in the city shall be subject to these regulations, except where specifically excluded. 2. Broadcasting facilities; amateur radio station operators; receive -only anten- nas; and remote telemetry units.. The requirements,cQAtained herein shall not apply to any tower or antenna that is installed for the use of a CD78:1b.0 LAND DEVELOPMENT § 78 -159 broadcasting facility, or is owned and operated by a federally licensed amateur radio station operator, or is used exclusively for receive -only purposes, or is a remote telemetry unit antenna. 3. Pre- existing towers or antennas. Pre - existing towers and pre - existing antennas shall not be subject to these requirements, except where specifi- cally provided. e. General requirements. 1. Pre- application conference. Applicants subject to these requirements shall request a pre - application conference with the growth management depart- ment. The applicant shall reimburse the city for any and all costs and fees incurred by the city as a result of the pre - application conference. 2. Inventory of approved sites. Each applicant shall review the city's inventory of approved sites and shall establish, to the reasonable satisfaction of the growth management department, that no existing tower, structure, or state -of- the -art technology exists which can accommodate, or be modified to accommodate, the applicant's proposed antenna due to one or more of the reasons listed below. (i) Existing towers or structures located within the geographic search area as determined by a radio frequency engineer do not have the capacity to provide reasonable technical service consistent with the applicant's technical system, including, but not limited to, applicable FCC requirements. (ii) Existing towers or structures are not of sufficient height to meet applicable FCC requirements. (iii) Existing towers or strictures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment. (iv) The applicant's proposed antenna would cause electromagnetic or radio frequency interference with an antenna on an existing tower or structure, or an antenna on an existing tower or structure would cause . interference with the applicant's proposed antenna. (v) The fees, costs, or contractual provisions required by the operator in or to share an existing tower or structure, or to adapt an existing tower or structure for share are unreasonable. Such determination shall be made by the growth management department. Costs exceeding new tower development costs are presumed to be unreasonable. (vi) Such other limiting factors that render existing towers and structures unsuitable. (vii) The cost of implementing state -of -the -art technology used in the wireless telecommunications industry and within the scope of the applicant's FCC license is unreasonable or the technology is unsuit- Supp. No. 10 CD78:151 § 78-159 PALM BEACH GARDENS CODE able. Costs of state -of- the -art technology which exceed new tower or antenna development shall not be presumed to render the technology unreasonable or unsuitable. (viii) An applicant does not have or cannot reasonably obtain the legal right to utilize an existing tower. f. Engineering report. All applicants for new towers or applicants seeking to modify or reconstruct a pre - existing tower to accommodate additional antennas shall submit to the growth management department an engineering report certified by a professional engineer licensed to practice in the state. If the city does not accept the report as provided as accurate, or if the city disagrees with any part of the report, the time in which an applicant is processed as provided herein shall be tolled pending further evaluation. The engineering report shall contain the information indicated below. 1. A site development plan, drawn to scale, including, without limitation, a legal description of the parent tract and leased parcel, if applicable; on -site and adjacent land uses; future land use designation of the site; and, a visual impact analysis (VIA) or a photo digitalization of the tower and all attachment, including associated buildings and equipment containers at the property. The VIA to be conducted from four points mutually agreed upon in a pre - application conference. 2. If applicable, a narrative of why the proposed tower cannot comply with the requirements of this section. 3. The type of tower and specifics of design. 4. The current wind - loading capacity and a projection of wind- loading capacity using different types of antennas as contemplated by the applicant. Zbwers shall meet or exceed the wind - loading capacity as provided by the Southern Standard Building Code, as amended or as otherwise replaced by state law. 5. A statement that the proposed tower, including reception and transmission functions, will not interfere with the customary transmission or reception of radio, television, or similar service, as well as other wireless services enjoyed by adjacent residential and nonresidential properties. 6. A statement that all construction shall comply with all applicable building codes, associated regulations, and safety standards provided herein. For all towers attached to existing structures, the statement shall include certifi- cation by a professional engineer licensed to practice in the state that the structure can support the load superimposed by the proposed tower. 7. Unless specifically exempted by the provisions herein, all towers shall have the capacity to multiple users, as follows: monopole towers shall be able to accommodate at least two users; and lattice and guyed towers, at a minimum, shall be able to accommodate three users. Supp. No. 10 CD78:152 LAND DEVELOPMENT § 78 -159 8. A written statement addressing the applicant's ability to share its proposed tower, including: the geographical service area requirements; any mechan- ical or electrical incompatibility; and any restrictions or limitations of the FCC that would preclude the shared use of the tower. 9. Any additional information deemed necessary by the growth management director to fully assess compliance with the requirements contained herein. g. Aesthetics. Towers and antennae shall comply with the requirements listed below. 1. Towers shall maintain either a galvanized steel finish or, subject to any applicable standards of the FCC or FAA, be painted a neutral color so as to reduce visual obtrusiveness. 2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscap- ing that will blend into the natural setting and surrounding buildings to min. .ze the visual impact. 3. All tower sites, including the entire parcel or parcels controlled by the operator, must comply with city landscaping requirements. The growth management director may require landscaping in excess of standard re- quirements in order to enhance compatibility with adjacent residential and nonresidential land uses. All landscaping shall be' properly maintained at the operator's expense to ensure good health and viability. Telecommunica- tions facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the telecommunications facility from adjacent residential properties, such facility consisting of the base of the tower and antennas, backhaul network, and any structure or equipment cabinet. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. 4. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. h. Lighting. Signals, artificial lights, or illumination shall not be permitted on any antenna or tower unless required by the FAA or the FCC. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance or visual impacts to the adjacent properties, while maintaining compliance with federal standards. i. Setbacks. Towers must be set back from all tower lot lines a minimum distance of 110 percent of the height of the tower. j. Separation. Any tower shall be separated from any other tower by a distance of not less than one mile, as measured by a straight line between the bases of the towers. .Sapp. No. 10 CD78:153 § 78-159 PALM BEACH GARDENS CODE. o. Signs. Excluding any warning signs as provided herein, signs shall not be allowed on any part of an antenna, tower, or antenna or tower site. For the purposes herein, signs shall include commercial advertising, noncommercial signs, logos, political signs, flyers, flags, or banners. Any signs placed in violation of this subsection shall be removed immediately at the operator's expense. Notwith- standing any other provisions of the city's land development regulations, the warning signs listed below shall be utilized in connection with a tower or antenna site. 1. If high voltage is necessary of the operation of the tower or any accessory structures, "HIGH VOLTAGE - DANGER" warning signs shall be perma- nently attached to the fence or wall surrounding the structure and spaced not more than 40 feet apart. 2. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall surrounding the structure, and spaced not more than 40 feet apart. Supp. No. 10 CD78 :154 k. Setback and separation applicability. Tower setback and separation requirements shall be applicable to all telecommunication facilities located in the city, irrespec- tive of municipal and county jurisdictional boundaries. 1. Height. lowers shall not be constructed at a height in excess of the maximum limits provided below: 1. 100 feet for a tower with capacity for a single user; 2. 125 feet for a tower with a capacity for two users; or 3. 150 feet for a tower with a capacity for three. or more users. m. Local, state, or federal requirements. The construction, operation, and repair of telecommunication facilities are subject to the review and approval of the city, and shall be performed in compliance with all laws, ordinances, and practices affecting such facilities, including but not limited to land development regula- tions, building codes, safety codes, and as provided herein. All construction, operation, and repair shall be performed in a manner consistent with applicable industry standards, including the electronic industries association. Prior to the issuance of a building permit by the city, all towers and antennas must meet or exceed applicable standards and regulations of the FAA and FCC, including emissions standards, and any other agency of local, state, or federal government with the authority to regulate towers and antennas. n. Retroactive application. If applicable local, state, or federal, standards and regulations require retroactive application, the operators of the towers and antennas subject to these requirements shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless. a different compliance schedule is provided by a controlling state or federal agency. o. Signs. Excluding any warning signs as provided herein, signs shall not be allowed on any part of an antenna, tower, or antenna or tower site. For the purposes herein, signs shall include commercial advertising, noncommercial signs, logos, political signs, flyers, flags, or banners. Any signs placed in violation of this subsection shall be removed immediately at the operator's expense. Notwith- standing any other provisions of the city's land development regulations, the warning signs listed below shall be utilized in connection with a tower or antenna site. 1. If high voltage is necessary of the operation of the tower or any accessory structures, "HIGH VOLTAGE - DANGER" warning signs shall be perma- nently attached to the fence or wall surrounding the structure and spaced not more than 40 feet apart. 2. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall surrounding the structure, and spaced not more than 40 feet apart. Supp. No. 10 CD78 :154 1 1 1 LAND DEVELOPMENT § 78 -159 3. The height of the lettering of the warning sighs shall be at least 12 inches. The warning signs shall be installed at least five feet above the finished grade. 4. The warning signs may be attached to freestanding poles if the content of the signs may be obstructed by landscaping. p. Security fencing. Zbwers shall be enclosed by security fencing which measures not less than six feet in height, and shall be equipped with an appropriate anti- climbing device or devices. q. Non - essential services. Towers and antennas shall be regulated and permitted pursuant to the requirements contained herein, and shall not be regulated, permitted, or defined as an essential service, public utility, or private utility. r. Franchises/ licenses. Operators of towers or antennas shall certify that all franchises/licenses required by law for the construction or operation of a wireless communications system in the city have been obtained and shall file a copy of all required franchises/licenses with the growth management department prior to the issuance of the building permit. The certification shall be submitted annually to the growth management department. S. Public notice. For purposes of this section, and not withstanding any other requirements with regard to public notice in the city's land development regulations, applicants shall comply with the public notice procedures of the growth management department. t. Cost reimbursement. Each applicant shall reimburse the city for all costs incurred by the city for the review and processing of any application submitted pursuant to the requirement contained herein, including but not limited to engineering expenses, legal expenses, expenses associated with use of consultants to review such applications, and the cost or costs of any document or drawings associated with such review. The applicant shall reimburse the city within five days of the date of the receipt of an invoice for such expenses. Failure by the applicant to make such reimbursement when due shall abate or delay the pending application until paid in full. u. Reporting. Not less than every two years, at a time determined by the growth management director, operators shall submit a report to the growth management director certifying structural and electrical integrity of towers, antennas, and any similar structures. Each report shall be accompanied by a non - refundable fee of $200.00, or as otherwise determined by the city council, to reimburse the city for the cost of the review. V. Inspections. The city may conduct periodic inspections of towers and antennas, at the operator's expense, to ensure structural and electrical integrity, and compli- ance with all requirements contained herein. The city may require more frequent inspections should there be an emergency, extraordinary conditions, or other Supp. No. 10 CD78:155 § 78-159 W. PALM BEACH GARDENS *CODE reason or reasons to believe that the structural or electrical integrity of the tower or antenna. is jeopardized. There shall be a maximum of one inspection per year unless an emergency or extraordinary conditions warrant otherwise. Co- location of antennas. 1. Incentives. Pursuant to the intent of these requirements, applicants seeking to co-locate antennas on existing towers shall be entitled to the incentives listed below. (i) A complete application shall be reviewed by the growth management department within 45 working days of receipt. (ii) The growth management director may waive certain requirements contained in subsection e. of these requirements. (iii) An application may be administratively approved by the growth management director, or if not so approved within 45 working days, the application shall be submitted to the city council for review. X. Criteria for approval. An applicant for co-location may be administratively approved if the tower which is modified or reconstructed to accommodate the co- location of an additional antenna meets one or more of the criteria listed below. 1. It is the same or substantially similar tower type as the original tower. 2. It is a tower type which is less obtrusive, specifically a stealth tower or a monopole tower. 3. It is modified or rebuilt to a taller height to accommodate the co-location of one or more additional antennas, subject to the maximum height restric- tions contained herein. The provision also shall be applicable to utility and power poles. y. Replacement. A tower which is being replaced to accommodate the co-location of one or more additional antennas may be located on -site within 50 feet of the pre - existing tower. After the replacement tower is constructed, only one tower may remain on the site. A tower built to replace a pre - existing tower shall continue to be measured from the location of the pre- existing tower for purposes of separation distances between towers. z. Antenna, microwave dish, and cable microcell review. An antenna which is intended to be attached to any commercial, industrial, professional, or institu- tional structure, including utility or light pole, may be approved on an adminis- trative basis or as an administrative amendment by the growth management director. Applications for such administrative approval shall comply with the standards listed below. 1. The antenna does not extend more than 15 feet above the highest point of the structure. 2. The antenna complies with all applicable FAA and FCC regulations, and all applicable building codes. Supp. 'No. 10 CD78:156 • 1 • LAND DEVELOPMENT § 78 -159 3. To minimize adverse visual impacts, the antenna has been selected based upon the following priority: (1) stealth, (2) panel, (3) whip, and (4) dish. If the first priority is not selected, the applicant shall demonstrate, in a manner acceptable to the growth management director, why each subse- quent priority cannot be used for a particular application. 4. Microwave dish antennas may be administratively approved if such dishes are: (i) Located less than 65 feet above the ground and do not exceed six feet in diameter; or (ii) Are located 65 or more feet above the ground and do not exceed eight feet in diameter. Ground mounted dish antennas shall be located or screened so as not to be visible form abutting public streets. 5. Installation of a cable microcell network through the use of multiple low- powered transmitters/receivers attached to existing wireline systems such as conventional cable or telephone wires, or similar technology that does not require the use of towers may be reviewed by the growth management director on an administrative basis or as an administrative amendment. aa. Permitted uses on public property. 1. General. This subsection is applicable to applicants seeking to locate antennas and towers on property owned, leased, maintained, or otherwise controlled by the city or property possessing a P/I zoning designation. The city council reserves the right to modify or waive the requirements for locating on public property and shall not be required to provide access to public property. 2. Standards for approval. All applications requesting approval to locate towers or antennas on public property shall comply with the requirements listed below. (i) Submission of an application to the growth management department, . including all information as required by subsection e. herein. (ii) Applications shall be reviewed by the city council within 30 days from the submission of a competed application. (iii) The city council, at its discretion, may waive or modify certain requirements contained herein, including setback and separation requirements, consistent with the provisions of section 78 -158. (iv) An application submitted by a public agency to locate a tower or antenna in accordance with the requirements herein, may be admin- istratively reviewed. However, administrative review shall occur only if the tower or antenna is intended for use for public purposes only and is not intended or used for commercial or financial gain. Supp. No. 10 CD78:157 a § 78 -159 PALM BEACH GARDENS CODE bb. Lease or agreement required. Use of city property for location of a tower or antenna shall require a lease or other agreement approved by the city council, consistent with the requirements listed below. 1. Prior to or concurrent with approval of an application for construction, installation, or placement of a telecommunications facility of property owned, leased, or otherwise controlled by the city, the applicant shall execute a lease or other agreement in a form acceptable to the city. 2. The city may require, as a condition of entering into a lease or other agreement with an applicant, the dedication of space on the tower for public health and safety purposes, or property improvements to the site. Any dedications or improvements shall be negotiated prior to execution of the lese. The city may, in its discretion, provide a license, lease agreement, or other agreement in lieu of a lease. 3. A lease or license granted as provided herein shall not convey any exclusive right, privilege, permit, or franchise to occupy of use the public lands of the city for delivery of telecommunications services or any other purpose. A lease or license granted as provided herein shall not convey any right, title, or interest in the public lands other than a leasehold interest, but shall be deemed only to allow the use of the public lands for the limited purposes or temporary uses, and the term stated in the lease or license. A lease, license, or other agreement shall not be construed as a conveyance of a title interest in the property. cc. Permitted uses on private property. Supp. No. 10 1. General. The requirements listed below shall apply to all applicants seeking to located towers or antennas on private property. (i) Each application shall include the information as required in subsec- tion e. herein. (ii) Each application shall be accompanied by a non- refundable fee of $1,500.00, or as otherwise determined by the city council, to reimburse the city for the costs of reviewing the application. (iii) The city shall respond to each application within the time dictated by the nature and scope of the individual request, subject to the generally applicable time frames and pursuant to the intent of Section 704 of the Federal Telecommunications Act of 1996, but in no event more than 45 working days for an administrative review and decision of the appli- cation. Building permit applications shall be processed within a reasonable period of time. (iv) If an application submitted as provided herein is denied, the applicant shall file a development application for conditional use approval prior to filing any appeal based upon the - denial. Is CM& 58 LAND DEVELOPMENT § 78 -159 dd. Permitted land uses. Location of a tower may be permitted in the industrial or commercial future land use categories, subject to the requirements contained herein. ee. Application and review. 1. Applications for development order approval to locate a tower on property possessing an industrial or commercial future land use designation shall be subject to review by the city council through the major site plan review process. In addition to any other requirements of this chapter, such applications shall include the information as required by subsection e. herein. 2. Applications for development order approval to locate an alternative tower structure on property possessing an industrial or commercial future land use may be granted administrative approval by the growth management director ff. Conditional use review. 1. General. The provisions contained within this subsection shall apply when a development application or construction of a tower or placement of an antenna fails to meet all of the criteria and standards for approval as contained herein. A development application for a conditional use shall include all the information described in subsection e. herein, information required by section 78 -52 applicable to conditional uses, and such other reasonable requests for information as the city may require. In addition to any other requirements contained herein or as provided in section 78 -52, the provisions listed below shall govern conditional use approval by the city council. (i) Compliance with the requirements and procedures applicable to devel- opment applications for a conditional use. (ii) In granting such conditional use approval, the city council may impose conditions, to the extent the city council deems such conditions are necessary, to minimize any adverse effect of the proposed tower or antenna on adjoining properties. (iii) Any information of an engineering nature that is submitted by an applicant, whether civil, mechanical, or electrical, shall be certified by a professional engineer licensed in the state. gg. Separation. All towers and antennas for which conditional use approval is necessary shall be separated from residential land uses, as designated by the applicable comprehensive plan or land development regulations, by the greater of 500 feet or 300 percent of tower height. Tower separation shall be measured from IDthe base of the tower to the lot line of the nearest residential use. Supp. No. 10 CD78:159 § 78-159 PALM BEACH GARDENS CODE hh. Standards for approval. In addition to any other standards utilized to consider a request for development order approval of a conditional use, the factors listed below also shall be considered by the city council when considering such applications. 1. Availability of suitable existing towers, other structures, or state -of -the -art technologies not requiring the use of towers or structures, as provided herein. 2. Height of the proposed tower. 3. The setback and separation distances between the proposed tower and the nearest properties possessing a residential future land use designation. 4. Nature of uses on adjacent and nearby properties. 5. Topography of surrounding properties. 6. Existing vegetation, tree coverage, and foliage on the proposed tower site and surrounding properties. 7. The design of the proposed tower, with particular reference to design characteristics that have the effect or reducing or eliminating visual obtrusiveness. 8. Proposed ingress and egress to the site. ii. Buildings or other equipment facilities. The standards listed below shall apply to buildings or other equipment facilities. 1. Antennas mounted on structures or rooftops. The equipment cabinet used in association with antennas mounted on structures or rooftops shall comply with all the standards listed below. (i) For buildings which are either not more than four stories in height or not more than 64 feet in height, a cabinet shall not be located on the roof of the structure if it exceeds 100 square feet or gross floor area or three feet in height. This restriction. shall not apply if the cabinet is completely screened from view, as provided in this chapter, or the cabinet is completely screened in a manner consistent with the architectural style, colors, and materials�of the structure on which the cabinet is located. (ii) For all other buildings or structures, the .cabinet shall not occupy more than 450 gross square feet or be more than eight feet high. This restriction shall not apply if the cabinet is completely screened in a manner consistent with the architectural style, colors, and materials of the structure on which the cabinet is located. (iii) A structural analysis of the supporting building or structure, per- formed by a professional engineer, shall be :submitted as part of the application. .Supp. -No. 10 CD.78:1.60 LAND DEVELOPMENT § 78 -159 (iv) Cabinets shall comply with all applicable building codes and land development regulations, including minimum required setbacks, as provided in this chapter. J. Antennas mounted on utility or light poles. The equipment cabinet used in association with antennas mounted on utility or light poles shall comply with the standards listed below. 1. A cabinet may be located within a side yard setback of a residential zoning district if the cabinet is not more than eight feet in height and does not occupy more than 300 square feet of gross floor area. The cabinet shall be set back at least five feet from any lot line. The cabinet shall be screened by an evergreen hedge with an ultimate height of at least 42 to 48 inches, and a planted height of at least 36 inches. 2. A cabinet may be located within a rear yard setback of a residential zoning district if the cabinet is not more than eight feet in height and does not occupy more than 300 square feet of gross floor area. The cabinet shall be screened by an evergreen hedge with an ultimate height of at least 72 inches, and a planted height of at least 36 inches. 3. In commercial or industrial zoning districts, the equipment cabinet shall not exceed eight feet in height and occupy more than 300 square feet of gross floor area. The cabinet shall be screened by an evergreen hedge with an ultimate height of at least 72 inches, and a planted height of at least 36 inches. 4. In all other instances, cabinets shall be screened from view of all properties with a residential future land use designation which abut or are directly adjacent to a cabinet. Screening shall consist of a solid masonry wall eight feet in height and an evergreen hedge with an ultimate height of at least 96 inches and a planted height of at least 36 inches. kk. Antennas located on towers. The related unmanned equipment structure shall not occupy more than 1,500 square feet of gross floor area or be more than eight feet in height. The cabinet shall be located or installed in accordance with the minimum setback requirements of the underlying zoning district. Equipment not used in direct support of a tower facility shall not be stored or kept on the site of the tower, unless necessary for ongoing repairs to the tower. U. Security or surety for abandoned antennas and towers. 1. Abandonment. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the operator of such antenna or tower shall remove same within 90 days of receipt of notice from the city notifying the operator of such abandonment. Failure to remove an abandoned antenna or tower within the 90 days shall constitute grounds for Supp. No. 10 CD78:161 §'78-159;- PALM BEACH-GARDENS,-CODE. removal of the structure by the city at the -provider's expense, as provided herein. If there are two or more users of a single tower, then this provision shall not become effective until. all, users cease .using. the tower. 2. Security fund. Security shall be provided as indicated below. (i) Every provider, whether on public or private property, shall establish a cash security fund, or provide the city with an irrevocable letter of credit in the same amount, to secure the payment of removing an antenna or tower that - has been determined to be abandoned. The amount to be provided for each tower shall be $25,000.00, and the amount for each antenna. array shall •be $5;000:00. (ii) At the city's discretion; a,.proyider-may, in -lieu of a..cash security fund or letter of credit, file .and maintain with the city a bond with an acceptable surety in the amount. provided for herein. The provider and the surety shall be jointly and severally liable under the terms of the bond. (iii) In the alternative, at the city's discretion, a provider may, in lieu of the cash security fund, letter of credit, or bond, file with the city a corporate guarantee in a form acceptable to the city to be used as a security fund. mm. Use of security or surety. In the event the city commences removal proceedings as provided herein, upon five working days notice to the facility owner, the city shall have the right to draw down funds from the security fund, letter of credit, bond, or corporate guarantee. nn. Nonconforming uses. 1. Pre - existing towers. Pre - existing towers shall be allowed to continue their usage as such towers presently exist. Routine maintenance, including replacement with a new tower of the same - construction and height, shall be permitted on such pre - existing_ towers. New.. construction, other that routine maintenance on a pre - existing. tow..er - shall ;comply.with;the.requirements of this section. _ 2. Damaged or destroyed nonconforming: towers. I Pre - existing towers or antennas: which- ore, damaged: or. destroyed- may be rebuilt without having to first obtain administrative approval from the growth management department, and. without having to comply with the separation requirements as provided herein.. 4. A tower rebuilt pursuant to the provisions contained herein shall be of the same type, height, and intensity as; the. original. tower.. Building. permits, to rebuild a damaged or destroyed tower slaall_comply:, with• applicable building. codes. Building permits to.rebaild such towgrs;sha)l bg obtained within 180 S_upp.: No: 10. CD.78;162= LAND DEVELOPMENT § 78 -159 godays from the date the tower is damaged or destroyed. If no permit is obtained within 180 days, or if the permit expires, the tower or antenna shall be deemed abandoned as specified herein. oo. Indemnification and insurance. The city shall not enter into any lease or license agreement until and unless indemnification and insurance is provided as required below. 1. Indemnification. Each operator shall provide an adequate indemnity. The indemnity shall comply with the criteria listed below. (i) The indemnity shall release the city from and against any and all liability and responsibility in or arising out of the construction, operation, or repair of the telecommunications facility. Each operator must further agree not to sue or seek money or damages from the city in connection with the above - mentioned matters. (ii) The indemnity shall indemnify and hold harmless the city, its trustees, elected and appointed officers, agents, servants, and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the city or any third party arising out of, or by reason of, or resulting from the operator, or its agents, employees, or servants of the negligent acts, errors, or omissions of the operator. (iii) The indemnity shall provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the party's responsibility to indemnify. pp. Comprehensive general liability. An operator and its contractors or subcontrac- tors engaged in work on the operator's behalf shall maintain minimum insurance to cover liability, bodily injury, and property damage. Exposures to be covered shall include premises, operations, and certain contracts. Coverage shall be written on an occurrence basis, and shall be included, as applicable, in the lease agreement between the city and the operator. qq. Other requirements. In addition to the foregoing, the requirements listed below also shall be satisfied. 1. An operator shall not commence construction or operation of a telecommu- nication facility without obtaining all insurance required herein and ap- proval of such insurance by the city's risk manager. An operator shall not allow any contractor or subcontractor to commence work on its contract or subcontract until all such insurance required of the same has been obtained and approved in a like manner. _ 2. The required insurance must be obtained and maintained for the life of the entire period the telecommunications facility is in existence. If the operator, Supp. No. 10 CD78:163 § 78 -159: PALM BEACH!GARDENS CODE, its contractors, or subcontractors do no have or maintain the required insurance, the city may order such entitles to stop operations until the insurance is obtained and approved: 3i Certificates of insurance reflecting evidence of the - required insurance shalh be filed with the city's risk manager. The certificate shall -be filed prior to the, commencement of construction and. once a year thereafter, and' as provided below in the event of a lapse.in coverage. 4: The certificate shall contain a provision that coverages afforded under-these policies will not be canceled untilyat least.3Q.4ays -.prior written,notice has been given to the city. 5-, Policies shall be issued by. companies,authprized,to,eQnduct bus}ness.under the laws of the State of Florida. 6: In the event the insurance certificate pr- .ovided -indicates- the.insurance.shall terminate or lapse during the period of the lease or license agreement with the city, the telecommunications facility operator shall furnish, at least 30 days 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 improper4y planned, poorly executed, or inadequately supervised; mining, operations;: excavation. and fill operations, and borrow pit operq#gj ;_ inciuUd' the. llp,: L. Irregular holes in the land; w;,hicli; arg, unsightly, and collect water that becomes or may become stagnant, and; contributes, to; th_e, breeding of mosquitoes; 2,. Uncovered mounds of excavated= earth which are, unj&h . y -and• contiibute.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 Ap*or drainage facil- ities, thereby- creating flooding, aad, unsanitairy qO;[Id#k9InE4 in various parts of the city; and Svpp., No, 10• CD;78tI%4. .., : THE TELECOMMUNICATIONS ACT OF 1996 AND THE BATTI F FOR COMMUNI]Page 1 of 9 COMMUNICATIONS TOWER SITINGS: THE TELECOMMUNICATIONS ACT OF 1996 AND THE BATTLE FOR COMMUNITY CONTROL *SUSAN LORDE MARTIN $ TABLE OF CONTENTS I. INTRODUCTION II. LOCAL COMMUNITY RESIDENTS OPPOSE CELLULAR PHONE TOWERS M. THE TELECOMMUNICATIONS ACT OF 1996 AND ITS EFFECT ON LOCAL REGULATION OF CELLULAR TOWER FACILITIES IV. JUDICIAL RESOLUTION OF TELECOMMUNICATIONS TOWER SITING DISPUTES SINCE THE ENACTMENT OF THE TELECOMMUNICATIONS ACT V. DISCUSSION AND CONCLUSIONS I. Introduction The Telecommunications Act of 19961 (Act) was enacted by Congress on February 8, 1996, primarily to promote a pro- competitive, deregulatory environment for telecommunications providers that wouldin order to secure lower prices, better service, and faster access to new technologies for consumers.? Universal service is also a cornerstone of the congressional plan.! The Act's chief method of accomplishing these goals is the "removal of barriers to entry "4 into the businesses of telecommunications services, including those provided by local, and long distance telephone companies and video, cable, and wireless companies.s This plan sounds laudable and seems to be one to which most consumers would subscribe. Nevertheless, Congress recognized that difficulties might arise in its implementation if state and local governments attempted to exert their jurisdiction in ways that would erect or maintain barriers to telecommunications facilities.6 One such problem involves the siting of telecommunication towers and antennas. This problem existed before the new Act became law and continues to create rancor and litigation. From one end of the country to the other, communities have been fighting against telecommunications companies that want to put facilities in their neighborhoods.? The new law, rather than solving the problem, exacerbates it by providing ammunition for both sides of the controversy. On one hand, the Act states that "[n]o State or local statute or regulation ... may prohibit ... the ability of any entity to provide any interstate or intrastate telecommunications service; "8 while, on the other hand, the Act provides that "[n]othing in this section shall affect the ability of a State to impose ... requirements necessary to ... protect the public safety and welfare, ... and safeguard the rights of consumers. "2 These provisions make it reasonable for telecommunications companies to argue that a local zoning ordinance cannot prohibit the construction of a tower in the location and of the dimensions necessary for seamless cellular phone service. Local residents, however, can also make a compelling argument that zoning rules limiting the size and placement of telecommunications facilities protect their economic and emotional welfare. http: / /Www.law.berkeley. edu/j oumalslbtlj /articles/ 12_2/Martinlhtmlltext.html 3/26/2002 THE TELECOMMUNICATIONS ACT OF 1996 AND THE BATTLE FOR COMMUNI Page 2 of 9 This article first describes the problem that arises when telecommunications companies seek to erect towers in order to provide cellular phone service. It then discusses the relevant provisions of the Telecommunications Act of 1996 and the role of the Federal Communications Commission (FCC) in implementing them. Next, the article surveys the cases that have dealt with the cellular tower issue. Finally, the article concludes that Congress should amend the Act to define acceptable methods of state and local regulation of communication facilities and to require that, in support of their applications for variances, communication service providers demonstrate that they have taken into consideration the interests of local residents in siting their facilities. Congress should also amend the Act to allow states and local governments to rely on evidence of health and environmental effects when making decisions about the location of communications facilities, even when that evidence contradicts FCC standards. In the meantime, the FCC and the courts should use their power to preempt state or local requirements only after giving due consideration to the rights and interests of affected local residents. II. Local Community Residents Oppose Cellular Phone Towers Cellular phone service was first offered in the United States in 1983.10 Since then, telecommunications businesses have been attempting to erect towers with antennas in or near almost every local community in order to provide service that reaches every area of the country.-' A few years ago there were several thousand telecommunications towers in the nation. -2 Today, there are about 25,000.13 Experts estimate that by 2002, there will be 100,000 towers.-L4 Although cellular phones have become very popular, and people want service with good sound quality, most are unwilling to obtain it if the price is living next to, or within viewing distance of, a tower. j5 There are two primary objections raised to the proximity of telecommunications towers to residential neighborhoods. First, people are concerned about the health risks associated with electromagnetic fields generated by cellular phone facilities.16 Even though there is no conclusive evidence that electromagnetic fields are cancer - causing, particularly at the low levels emitted by cellular phone transmitters,17 there is also no conclusive evidence that they are not. In fact, many studies have found a correlation between exposure to electromagnetic fields and cancer.18 Therefore, with twenty -two countries still studying the health effects of exposure to electromagnetic fields, people remain afraid.19 Second, people are concerned that proximity to a tower will lower their property values.20 The manager of a real estate brokerage office in New York has called the towers "the kiss of death," claiming that a home with a tower in its backyard can sell for twenty -five percent less than a comparable home without a tower.21 Homeowners are also concerned for their own visual comfort, because of the poor aesthetics of the tower facilities.22 The conflict between the goals of telecommunications companies and those of residents of local communities has created disputes that end up being resolved by courts. After the companies select sites that maximize communication distance and quality, local zoning ordinances frequently require them to obtain variances for non - conforming uses.23 It is not unusual for the community zoning board to respond to citizens' complaints and deny the application for a variance. The telecommunications companies are prepared for this result and appeal the denial in court, where they frequently win. 2-4 If the zoning board grants the application for the variance, it is likely that community residents will not appeal the decision because they lack the financial resources; if they do http:// www .law.berkeley.edu/joumals/btlj /articles /12_2/Martin/html/text.html 3/26/2002 THE TELECOMMUNICATIONS ACT OF 1996 AND THE BATTLE FOR COMMUNI Page 3 of 9 appeal, they usually lose. 25 The playing field is not level when local citizens, attempting to protect their physical, emotional and economic health, are required to battle in court against large telecommunications corporations with vast financial resources and experience in litigating these kinds of cases. Unfortunately, the Telecommunications Act of 1996 does nothing to reduce the need for or likelihood of litigation when these corporations decide to erect cellular phone towers in residential neighborhoods. III. The Telecommunications Act of 1996 and Its Effect on Local Regulation of Cellular Tower Facilities The Telecommunications Act of 1996 describes itself as "[a]n Act to promote competition and reduce regulation in order to secure lower prices and higher quality services for American telecommunications consumers and encourage the rapid deployment of new telecommunications technologies. "2-6 To accomplish those goals, the Act provides in subsection 253(a) that "[i]n general - [n]o State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service." 27 When the House of Representatives was debating a version of the Act, some members, while agreeing that local communities should not be able to prohibit access to new communications facilities, expressed concern that the foregoing language might have the undesirable result of keeping counties, cities, and towns from enforcing their zoning and building codes.2-8 One member declared that nothing in the Act should "preempt[] the ability of local officials to determine the placement and construction of ...new [cellular phone] towers. Land use has always been, and ... should continue to be, in the domain of the authorities in the areas directly affected." 29 The Act does go on to say in subsection 253(b), that states shall maintain their ability "to impose ... requirements necessary to ... protect the public safety and welfare .... "30 However, that language is followed, in section 253(d), by the warning that if the FCC31 "determines that a State or local government has permitted or imposed any statute, regulation, or legal requirement that violates subsection (a) ... the Commission shall preempt the enforcement of such statute, regulation, or legal requirement to the extent necessary to correct such violation or inconsistency. "32 In its instructions to the FCC regarding the regulation of mobile communications services, Congress directed the Commission to consider "safety of life and property," "efficiency," "competition," and the provision of services to the "largest number of feasible users. "33 Congress also specified that states and local governments could not keep companies from providing mobile services or regulate the rates they could charge, but states could regulate other terms and conditions of mobile communications services.34 Specifically, states and local governments can regulate "the placement, construction, and modification" of service facilities with the following limitations.35 State and local regulation may not "unreasonably discriminate among providers" or "prohibit or have the effect of prohibiting the provision of personal wireless services. "36 Furthermore, when a communications service provider requests authorization to construct facilities, the state or local government must act on the request "within a reasonable period of time" and must support any decision to deny a request with "substantial evidence contained in a written record. "37 Any provider issued such a denial or adversely affected by a failure to respond to such a request may, within thirty days, commence an action in any court with jurisdiction, and the court must hear and decide the case "on an expedited http:// www .law.berkeley.edu/joumals/btlj /articles /12_2 /Martinihtml/text.html 3/26/2002 THE TELECOMMUNICATIONS ACT OF 1996 AND THE BATTLE FOR COMMUNI Page 4 of 9 basis. "38 The Act also specifically prohibits states and local governments from regulating the placement and construction of communications facilities, like antennas and towers, on the basis of the environmental effects of electromagnetic fields if the facilities meet FCC standards for emissions.39 If states or local governments ignore this prohibition, then any provider adversely affected may petition the FCC for relief.40 Both cellular phone service providers and local community zoning boards opposing proposed tower facilities can claim some support in the Act for their positions. The Act gives the latter the right to use zoning regulations to protect the welfare of citizens threatened by towers; it imposes limitations, however, such that the advantage is clearly with communications corporations. Allowing states and local governments to regulate the placement of cellular phone towers, except when such regulation will have the effect of prohibiting the provision of cellular phone service, will give the service providers a very easy argument for having any regulation voided: if they are denied a variance to use the site of their choice, the service providers will assert that any other site would not be as cost - effective and, therefore, either they must be given permission to use their chosen site or they will not bring service to the local area. Moreover, requiring the expeditious resolution of these disputes gives a distinct advantage to the corporations that have staffs of lawyers and engineers, previously prepared research, and litigation experience with similar cases. Local residents have none of these, and very limited financial resources with which to try to match the corporations. To require that they quickly catch up to their opponent's levels in research and expert support renders the residents position untenable in most cases. The Act pays lip service to the importance of local zoning regulation, sufficient to encourage litigation, but without any genuine recognition of the importance of a homeowner's property values, peace of mind, and, particularly, health concerns. The Act denigrates health concerns by assuming that FCC standards for electromagnetic emissions will protect the public health. That assumption is premature, given the large amount of ongoing scientific research on the subject and the lack of clear conclusions. The Congressional Conference Report indicates that the Act preempts state and local regulation of the environmental effects of electromagnetic emissions when it has requirements beyond those of FCC rules.41 This preemption discourages states from doing their own research on the health effects of these emissions because they cannot rely on the results in formulating regulations.42 That result does a disservice to the public. The FCC, in promulgating its rules setting a specific absorption rate limit for electromagnetic emissions at four watts per kilogram, noted that research in this area related to human health and safety is ongoing and that changes to recommended exposure limits are possible in the future.43 With that admitted uncertainty, it is unreasonable to limit what states and local governments may do to protect their residents. Some local governments have imposed temporary moratoria on the issuance of such permits, to allow themselves time to study the impact of cellular communications antennas and towers before granting permission for their construction.44 In early 1997, the Cellular Telecommunications Industry Association responded by filing a petition with the FCC for a declaratory ruling seeking preemption of such moratoria on the grounds that they violate the Telecommunications Act of 1996 and that the Act authorizes FCC preemption.45 The FCC should deny the petition using the reasoning articulated by the United States District Court for the Western District of Washington in one of the few cases concerning the siting of telecommunications towers decided since the Act went into effect.46 IV. Judicial Resolution of Telecommunications Tower Siting Disputes Since the http: / /www. law. berkeley. edu / journals /btlj/ articles /12_2/Martin/html/text.html 3/26/2002 ...: THE TELECOMMUNICATIONS ACT OF 1996 AND THE BATT' E FOR COMMUNI Page 5 of 9 Enactment of the Telecommunications Act Three months after the Act was signed into law, a federal district court in Washington State decided a case challenging a six -month moratorium on issuing permits for new telecommunications facilities established by the City of Medina.47 Medina has about 3,000 residents, and is approximately two and one -half square miles in area, zoned entirely for low- density residential use. It is a prime location for cellular phone towers, however, because of its proximity to a state highway and a bridge.48 For several years, Medina has had cellular phone facilities belonging to two service providers, but after the Act became effective, the city expected additional applications for tower construction permits and feared becoming an "antenna farm. "49 Five days after the effective date of the Act, Medina's moratorium went into effect in order to give the city time to study the allocation of suitable sites.50 One month later, Sprint filed a lawsuit alleging that the moratorium violates the Act because any delay in its obtaining full cellular phone coverage in the region would cause it to lose a great deal of money resulting in irreparable harm to the company.51 The court noted that Medina citizens were concerned about the health hazards and negative aesthetic effects associated with cellular phone towers, but emphasized that if the city did not have time to study the appropriate siting of facilities, there may not be adequate sites for competing providers.5? Thus, without the careful allocation of sites, beneficial services might be rendered unavailable.53 The court provided an instructive analysis of the relevant portions of the Act. To Sprint's claim that the moratorium "'prohibit[s] or [has] the effect of prohibiting the provision of personal wireless services, "' the court responded that the moratorium was not a prohibition, but merely a short-term suspension.54 To Sprint's contention that the moratorium kept the city from "'act[ing] on' its application 'within a reasonable period of time, "' the court averred that the language in the Act did not suggest that Congress "intended to force local government procedures onto a rigid timetable where the circumstances call for study, deliberation, and decision - making among competing applicants.',55 The court concluded that the Act's legislative history indicated that Congress did not intend to give preferential treatment to the telecommunications industry in the processing of zoning applications.56 Finally, the court held that Medina's six -month moratorium on issuing new permits for telecommunications facilities for the purpose of information- gathering did not violate any provisions of the Telecommunications Act.57 Thus, the court interpreted the Act's provisions in a light most favorable to the retention of some local control over the environment in which residents live, keeping the profit - making motives of telecommunications corporations from being the ultimate value in the regulation of telecommunications facilities. In BellSouth Mobility, Inc. v. Gwinnett County, Georgia,58 the United States District Court for the Northern District of Georgia interpreted section 332(c)(7)(B)(iii) of the Act, which requires that a denial of a telecommunications service provider's application to construct facilities be "supported by substantial evidence contained in a written record. "s9 In this case, BellSouth applied to the Gwinnett County Board of Commissioners for a permit to erect a 197 -foot monopole that would improve the quality of its cellular telephone service.60 In support of its application, BellSouth provided the following documents: a report by the Airspace Safety Analysis Corporation showing that the monopole was not hazardous to aircraft, a certified appraiser's report concluding that monopoles did not decrease property values, a line of sight survey, prepared by Aerial Instrument Research Systems, http:// www .law.berkeley.edu/joumals/btlj /articles /12_2/Martin/html/text.html 3/26/2002 THE TELECOMMUNICATIONS ACT OF 1996 AND THE BATTLE FOR COMMUNI Page 6 of 9 showing the visibility of a red balloon floated to varying heights at the proposed site, and a list of BellSouth's unsuccessful efforts to find other suitable sites.6Residents, on the other hand, submitted no documents, relying merely on a representative who attended a Board hearing and made conclusory expressions of concern regarding the monopole's safety, health, aesthetic, and economic threat02 Based on this record the court held that the Board violated the "substantial evidence" provision in the Act.63 The court then had to decide on the appropriate remedy.64 Although the Act allows anyone denied a permit for telecommunications facilities to seek relief "in any court of 'competent jurisdiction'," it does not specify the remedy for violation of the Act.6 The choices available to the district court were to remand the matter to the Board for it to make a decision supported by substantial evidence or to order the Board to issue the permit for the monopole. The court did the latter, explaining that the Act requires the court to "hear and decide such action on an expedited basis" and, therefore, a mere remand would thwart the intent of the Act to encourage the expeditious installation of new telecommunications facilities. 66 This case illustrates why, in fairness and concern for citizens' ability to exert their rights, the Act should give some deference to local governments in their disputes with telecommunications corporations regarding the location of telecommunications towers and antennas. BellSouth had knowledge, experience, legal counsel, and the financial resources to have experts prepare reports in support of its application for a permit to erect a 197 -foot monopole. Local residents had none of those resources. That lack does not necessarily indicate that there was no substantial evidence to support their position, but perhaps merely that they did not know they needed it, did not know where to get it, or did not have the financial resources to pay for it. Moreover, in this kind of situation, government representatives may not be of much help, because they are also lay people with budgetary constraints and, therefore, they are no match for business adversaries. 67 Illinois RSA No. 3, Inc. v. County of Peoria68 also illustrates the poor preparation of the residents who opposed the construction of a 140 -foot cellular transmission monopole. The United States District Court for the Central District of Illinois noted that the local zoning board received a petition signed by 200 people opposing the monopole, but that there was no indication of the basis for their opposition.6 A realtor with twenty -four years experience objected to the monopole because it would cause a decrease in property values, but offered no analysis, studies or examples to support the reasonableness of the objection.7-0 Lastly, the residents presented a survey that was meant to show that potential home buyers would not buy a home near a telecommunications tower.7-1 The court concluded that there was no evidence of the survey's statistical or scientific merit, however, because there was no information on how the survey was conducted or how the respondents were chosen.72 On the other hand, Illinois RSA, the telecommunications provider, presented evidence from three certified real estate appraisers indicating that cellular transmission towers do not cause real estate prices to fall.7 One presented an analysis of similar tower sitings at other locations that indicated that towers did not have an adverse effect on property values.74 Illinois RSA had an engineer and surveyor present line of sight drawings demonstrating that the tower would not be visible from nearby residences.75 The Peoria residents also stated their concerns about the health effects of living close to http: / /www. law.berkeley.edu / journals /btlj/ articles /I 2_2/Martin/html/text.html 3/26/2002 .... THE TELECOMMUNICATIONS ACT OF 1996 AND THE BATTT .F, FOR COMMUNI Page 7 of 9 telecommunications transmission facilities, but the court held that under the Telecommunications Act, health effects could not be considered as long as emissions were within the standard set by the FCC.76 Thus, the court concluded that there was no substantial evidence, as required by the Telecommunications Act,77 to deny Illinois RSA's request to construct its tower.78 It also concluded that the county of Peoria had violated the Act "in the most basic way" by not issuing a written statement containing the reasons for its denial.79 In deciding on a remedy, the Illinois district court, citing the Gwinnett County case, rejected the option of remanding the case to the county zoning board for reconsideration and a written decisio00 The court concluded that such a course "would be a waste of time and would frustrate the Telecom Act's direction to expedite these proceedings. "g 11 Instead, the court issued an injunction directing the county to issue a permit for the tower and to remove any obstacles to its construction.82 The United States District Court in New Mexico also cited Gwinnett County in providing mandamus relief for Western PCS H Corporation, a telecommunications company that had been denied a special exception request to mount antennas on an existing water tank by the zoning authority for Santa Fe. 83 In this case, the Santa Fe zoning authority failed to comply with what the district court deemed the "most basic of the Telecommunications Act's requirements," a written record supporting its denial of the company's reques04 This led the judge to resist remanding the matter, because the court could not find the "substantial evidence" upon which the zoning authority must rely to sustain its denial of a permit.85 The only evidence submitted by those opposed to the antennas was the expression of "generalized concerns" by several neighbor086 Moreover, those concerns centered on a "visual blight in the neighborhood," even though the antennas were going to be no higher than the already- existing water tank, they were going to be painted to match the color of the tank, and Western PCS was going to remove graffiti from the water tan07 As presented by the court, the facts of this case make the objectors' case seem very weak, but it is hard to know whether it was objectively weak or just poorly presented. In contrast to the federal district courts in Georgia, Illinois, and Mew Mexico, the state court of appeals in Wisconsin held that, in light of the Act, a remand to the local zoning authority for reconsideration of its decision to deny a permit for the construction of a 200 -foot telecommunications tower was an appropriate remedy.88 The Wisconsin court considered the Act's language requiring courts to hear these cases on an expedited basis, but did not relate that mandate to the remedies available to courts. The body of case law on the subject is still much too small to draw any general conclusions, but it will be interesting to note whether any pattern emerges of federal district courts construing the Act strictly, or of state courts deferring to local zoning authorities.89 These cases suggest that the Act has not sufficiently clarified the role of state and local governing bodies in making decisions about the siting of cellular phone towers to discourage litigation. To the contrary, the statute creates new questions about what constitutes "the effect of prohibiting the provision of personal wireless services," what is "a reasonable period of time" for acting on requests to construct telecommunications facilities, and what kind of regulating is actually left for local governments to do regarding such construction. The latter question includes the specific issue of what health and welfare or safeguarding the rights of "consumers" can mean, particularly when state and local governments cannot consider the possible effects of human exposure to electromagnetic fields. V. Discussion and Conclusions http:// www .law.berkeley.edu/joumals/btlj /articles /12 2/Martin/html/text.html 3/26/2002 ..: THE TELECOMMUNICATIONS ACT OF 1996 AND THE BATTLE FOR COMMUNI Page 8 of 9 Congress clearly intended for the 1996 Act to limit state and local regulation of the telecommunications industry.90 The idea was to eliminate regulatory barriers to promote competition in the industry in order to encourage technological advancement and to give consumers choices.91 In its zeal to accomplish these goals, however, Congress neglected to sufficiently consider the interests of local residents, other than the interests they have as consumers of telecommunications services, and the advantages given to the industry vis -a -vis citizens.92 To rectify this oversight, Congress should amend the Telecommunications Act in four specific ways. First, the Act should clarify the conditions of mobile communications services that state and local governments can regulate. These conditions should include the siting of facilities and the specific form that the facilities take, although the regulations should not result in the barring of service in the area. It is reasonable for people to be concerned about the effects of proximity to cellular phone towers on health, their property values, and the aesthetics of a home's landscape. It is unfair to dismiss these interests as merely symptoms of the "not- in -my- backyard" (NIMBY) syndrome and, therefore, interests to be ignored when the proliferation of cellular phone sites is at stake. In fact, there is nothing in the Telecommunications Act of 1996 that encourages telecommunications companies to take these interests into consideration in siting their facilities. Second, Congress should require service providers to include substantial evidence that they are requesting siting permits for the least intrusive facilities available in the least intrusive locations under the circumstances. Such a requirement, in addition to addressing some of the concerns of local residents, would promote the congressional goals of advancing technology and encouraging competition. There are many ways of making communications facilities less intrusive- hiding antennas is one93 -but they may be more expensive than the installation of a traditional 200 or 300 - foot tower.94 For example, microcells do not have the same height and power requirements as macrocells, but a larger number of the microcells are needed to provide widespread coverage.95 Microcells do not have to be located on high towers; they can be installed in church steeples, on rooftops, and even inside offices where they would not be noticed.96 They can be attached to utility poles and lamp posts with cables running down to equipment located in underground shelters.97 There are also coverage enhancer systems that can reduce the number of necessary towers by one third to one half depending on the terrain.98 Third, the Act should allow state and local governments to rely on scientifically objective evidence of the health risks associated with electromagnetic fields when making decisions regarding the siting of communications towers and antennas. There are clear advantages to having a national policy on telecommunications. Nevertheless, because there are such wide disparities within the worldwide scientific community'about the effects of electromagnetic fields (even at low levels) on human health, it should be up to local communities to decide how much risk they are willing to undertake. Finally, the Act discourages study and planning with its "prohibit or have the effect of prohibiting the provision of personal wireless services" and "within a reasonable period of time" language.9 This language should be clarified to allow a realistic amount of time for communities to plan for the best use of their resources. For example, companies can be required by zoning boards to share sites (known as co- location)100 in an effort to reduce the number of towers, but for a local government to be able to create such requirements supported by substantial evidence, however, it would need the time to study and formulate an all- encompassing plan for the community and potential permit http:// www .law.berkeley.edu/joumals/btlj /articles /12_2/Martin/html/text.html 3/26/2002 `.: THE TELECOMMUNICATIONS ACT OF 1996 AND THE BATTLE FOR COMMUNI Page 9 of 9 applicants. Current language does not, of course, prohibit planning, but it encourages service providers to commence court actions when a permitting agency does not expeditiously grant a permit application. Legislative clarification is preferable to the ad hoc decision - making that courts will be required to do. Nevertheless, when judges are presented with these cases, they should keep in mind that the Act specifically allows local regulation of the terms and conditions of telecommunications services, and that the other provisions in the Act cannot render that provision meaningless. Congress could not have meant for the Telecommunications Act to imply that having cellular phone service is more important to a community than having the freedom to decide what health risks are worth undertaking or than maintaining the value of neighborhood homes: the most valuable asset most homeowners have. Nevertheless, as written, the Act does not give corporations that provide cellular phone service any incentive to work cooperatively with the communities they intend to make their customers. Congress has overestimated the role that competition would play in giving local residents input in the siting of telecommunications towers. Residents and cellular phone customers, particularly in more rural areas, have not had a variety of service providers vying for their business. When there is only one provider in the area, it does not have to curry favor with potential customers by being a good neighbor. With no evidence that Congress intends to amend the Act in the very near future, and because once towers are erected they are probably in place permanently, it will be up to courts to interpret the Act in an even - handed manner according to its language. If courts give local communities the leeway to regulate the terms and conditions of tower sitings in a thoughtful manner that will not prohibit the availability of service, the damaging effects of a poorly designed statute can be controlled. http:// www .law.berkeley.edu/joumals/btlj /articles /12_2/Martin/html/text.html 3/26/2002 and emena�c�d,„ CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 November 12, 2002 RE: CITY OF PALM BEACH GARDENS PROPOSED AMENDMENTS TO THE TELECOMMUNICATION TOWERS ORDINANCE To Whom It May Concern: The City is currently working with the Planning and Zoning Commission to revise the Telecommunication Tower Ordinance in order to clarify the intent and applicability of the existing Land Development Regulations. Among other things, the ordinance revisions shall provide for a clearer nexus between telecommunication towers as accessory uses within residential PUDs and PCDs and existing regulations pertaining to the construction of such towers in residentially zoned districts. In 1997, the City adopted a Telecommunication Tower Ordinance (Ordinance 24, 1997) creating a litany of regulations designed primarily to protect residential uses from telecommunication towers. Requirements included a prohibition of such structures with residentially zoned land; a minimum buffer of 500 feet between tower sites and residentially zoned property; a minimum area for a tower site; and a minimum distance between sites and minimum setback requirements. However, acknowledging the need for telecommunication towers in developing areas of the City to service a growing population and a growing number of cellular phone users in the general population, amendments to the LDRs are proposed to allow for Telecommunication Towers within residential PUDs of 50 acres or more. The intent of this provision was to allow for the construction of towers within large areas of the City that are designated residential so that sufficient cellular service could be provided in newly developed areas of the City. City staff recognizes the need to provide for cellular service in the newly developing areas of the City. However, while administrating a PUD amendment to allow for a Telecommunication Tower in an existing residential PUD, staff discovered several deficiencies in the code language that are to be addressed through this proposed LDR amendment. The attached sections of the LDIks are proposed for amendments to address these concerns. We appreciate any comments you may have on the proposed ordinance by Friday, December 6, 2002. If you have any questions please feel free to contact Edward Tombari at 799 -4241 or the above address. Sincerely, 4U).A,, k, VA� Charles K. Wu, AICP Growth Management Director Enclosure (1) . cc: Ron Ferris, City Manager Jack Hanson, Building Official Dan Clark, City Engineer Len Rubin, City Attorney Talal Benothman, Senior Planner Telecommunication Service Providers: (1) ATTN: Mr. Julio Dumas Gulf Coast Real Estate Consultants 816 Brockenbraugh Court Metarie, LA 70005 (2) ATTN: Mr. Larry Fajardo Nextel Corporation 6700 N. Andrews Avenue Fort Lauderdale, FL 33309 (3) ATTN: Ms. Pat Lentini . Urban Design Studio 2000 Palm Beach Lakes Boulevard Suite 600 West Palm Beach, FL 33409 (4) Verizon Wireless 3101 PGA Boulevard Palm Beach Gardens, FL 33410 (5) Cingular Services 4373 Northlake Boulevard Palm Beach Gardens, FL 33410 (6) AT and T Wireless 1880 Okeechobee Boulevard West Palm Beach, FL 33409 V. i� T4 too AV Tower Sites City of Palm Beach Gardens Palm Beach County, Florida To,wi.tliy ®rM ►sr iwa> ®oo�rWrrurndr IM a rid-iw Ld ux =5W F" lWanmiw acid�W nom, a 2� rar F )a) F a � Ya 122- ya 22F w F )a F w 'g LL m LL r C d z 3 Ix 3 K 5 tea' S� It 3 3 s 3 tea' 3 r 0 N F r 0 N F r 0 N F r 0 N F r 0 N F F O N F r 0 N F F O N F r 0 N F 7 7 Z a > Z > 7 > > P N h W x) d m' w' W' h W' - 0 K 0 r 0 r O r O r O r O N r O r O F O r J W J W J W J W U - rL' V N N N N N N N N N _ Q? Q J Q? Q? J C? J a N 7 y ? N ? 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W J x" W JI W J J W J W J a � a 3 � a °o .r" a pap F+ NOTICE OF PUBLIC HEARING CITY OF PALM BEACH GARDENS, FLORIDA PLEASE TAKE NOTICE AND BE ADVISED that the Land Development Regulation Commission of the City of Palm Beach Gardens, Florida, will hold a Public Hearing on Tuesday, January 14, 2003 at 6:30 p.m., or as soon thereafter as can be heard, in the Council Chambers at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, to consider the following petition: Petition LDR -02 -05 — Telecommunication Tower Amendments Public Hearing and Recommendation to City Council: City staff is seeking a recommendation from the Land Development Regulations Commission on amending certain sections of the Land Development Regulations, as they relate to telecommunication towers and related facilities, specifically Sections 78 -154 (i), 78- 155(s), and 78 -159 (footnote 64). All documents pertaining to the above petition are available in the Growth Management Department, at the above address, and may be reviewed by the public during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday; telephone 561- 799 -4243. 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 Office, no later than five 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 Planning and Zoning Commission, Local Planning Agency, Board of Zoning Appeals or Land Development Regulations Commission with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings; and for such, 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. PUBLISH: Saturday, January 4, 2003 NEWSPAPER: PALM BEACH POST CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 29, 2003 Meeting Date: February 20, 2003 Resolution 26, 2003 Subject /Agenda Item: Resolution 26, 2003: Clear Channel Billboard Agreement Consideration of Approval: A request by Gregg Hibbs, Real Estate Representative of Clear Channel Outdoor, to allow for the removal of the ten (10) billboards within the City limits and two (2) within the FEC right -of -way adjacent to the City's corporate limits, for the right to install four (4) new billboards onto commercial and/or industrial properties along I -95. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ NA Council Action: Talal Benothman, AICP Growth Management (Total) Principal Planner_ Leonard Rubin sq City Attorney Brad Wiseman, Planner Project Manager ' Qj J [ ] Approved Bahareh Keshavarz -Wolfs v Development Compliance NA_ $ NA [ ]Approved w/ Current FY conditions Charles K. Wu, AICP Gro h Management is ator [ ] Denied 11 k -t (Jtl—\ Funding Source: [ ] Continued to: Advertised: Finance N/A Date: [ ] Operating Attachments: Human Resources N/A Paper: [ X ] Other • Resolution 26, 2003 • Billboard Relocation Agreement [X] Not Required • Maps of Billboards Affected parties [X] Notified Budget Acct. #: [ ] None Approved by: Ronald M. City Man [ ] Not required Date Prepared: January 29, 2003 Meeting Date: February 20, 2003 Resolution 26, 2003 BACKGROUND Clear Channel Outdoor has ten (10) billboard locations within the City limits and two (2) in the FEC right -of -way immediately adjacent to the City's corporate limits. The applicant is suggesting a relocation program to replace all existing billboards with four (4) billboards on commercial and or industrial properties along the I -95 corridor within the City's jurisdictional boundaries. For every three (3) billboards that are removed, the applicant will receive a credit for one (1) billboard location on I -95, provided the terms of the agreement are met. Interstate 95, within the City, is currently free from any advertising and billboards. Surrounding municipalities such as Jupiter, Riviera Beach, West Palm Beach, Lake Worth, and Boynton Beach have various billboards located along this corridor. The City Code currently prohibits new billboards. LAND DEVELOPMENT REGULATIONS As per the City's Land Development Regulations, the billboards proposed do not meet the requirements of the City Code. According to section 78 -284 (b), off -site or off - premises signs are prohibited. All sign copy shall advertise, promote, or otherwise attract attention to goods and services available on the property on which the sign is located. FLORIDA LEGISLATURE Billboards are permitted to stay as per legislature that was passed on January 1, 2002. The only legal avenues to remove previously approved billboards are: a.) to pay the property owner or billboard company just compensation, or b.) for the billboard company and the municipality to agree to relocate them. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) REGULATIONS Per FDOT regulations, billboards can only be located in commercial and/or industrial zoning and future land use districts. In order to receive a permit from FDOT, the municipality must grant permission for the billboard. CITY COUNCIL WORKSHOP The City Council held a workshop on November 21, 2002, to discuss the City's interest in the subject agreement. The City Council raised a concern regarding the locations of new billboards along the I -95 corridor within the City's boundaries and whether the FEC would allow future billboards in its right -of -way once existing ones are removed. The Council then directed staff to work with Clear Channel Outdoor on the terms of the agreement. 2 Date Prepared: January 29, 2003 Meeting Date: February 20, 2003 Resolution 26, 2003 PROPOSED BILLBOARDS Currently, Clear Channel Outdoor has three (3) permits in the City for offpremises billboards, which have been on hold due to a past Zoning In Progress. These locations are as follows: Address: Owner: Dimensions: 1.) 4052 Burns Road Carl Volk, RA CO AMO, Inc. 14' X 48' 2.) 4123 Northlake Blvd. Niki Hospitality Inc. (Inns of America) 14'X 48' 3.) Vacant land east of I -95 Ken May, Mae May, John Schwencke 14'X 48' 1000 feet south of Northlake Notes: a.) All proposed billboards have double faces and are 672 square feet per side CURRENT BILLBOARDS The billboards to be removed in accordance with this agreement are listed in Exhibit A of the attached agreement. TERMS OF THE AGREEMENT 1.) Once three (3) existing billboards are removed, Clear Channel shall earn one (1) credit for a billboard on I -95. 2.) Clear Channel Outdoor shall have all existing billboards in the City removed by December 31, 2005, regardless of whether or not they are able to secure four (4) viable billboard locations on I -95. 3.) Clear Channel Outdoor agrees to not seek any additional billboards within the City and the FEC right -of -way adjacent to the City's corporate limits. 4.) A survey, a cross - section, an elevation plan, a fee of $1000, and written consent from the property owner shall accompany each billboard permit. 5.) The City's Development Review Committee shall review and approve or deny each billboard permit. 6.) All billboards shall comply with applicable FDOT regulations. 7.) All billboards shall consist of a single monopole, a double -sided sign face, and shall comply with all Florida Building Codes. 8.) Billboards attached to buildings are prohibited. 9.) No billboards shall be located within 200 feet of any residentially zoned property and Northlake Boulevard. 10.) No billboard shall be located within 250 feet of PGA Boulevard and Donald Ross Road. 11.) No billboard shall be located within 30 feet of the I -95 right -of -way and side /rear property lines. 3 Date Prepared: January 29, 2003 Meeting Date: February 20, 2003 Resolution 26, 2003 12.) A distance of at least 1,500 feet shall separate all billboards that are located on the same side of the I -95 right -of -way. 13.) If a billboard is located on a vacant parcel that is subsequently developed, the City may request Clear Channel Outdoor to relocate said billboard on or off -site, provided the terms of this agreement are met. 14.) The height of the billboard shall not exceed 65 feet above the crown of the adjacent I -95 thoroughfare. 15.) All utilities required for each billboard shall be installed underground. 16.) All billboards shall be landscaped with native Florida shrubs and palms in a manner reasonably acceptable to the City Forester. The property owner shall provide landscape maintenance. 17.) If a billboard must be located within a required landscape buffer, Clear Channel Outdoor shall be required to relocate any landscaping at a ratio of 2:1. 18.) All sign faces shall not consist of electronic copy, tri- vision, or contain movement of any type. 19.) All sign faces shall be no larger than 48 feet wide, 14 feet high, and shall not exceed 672 square feet. 20.) Embellishments shall not exceed 20% of the total area of the sign face, or extend more than five (5) feet beyond the edge of the sign face. 21.) All billboards may be illuminated provided they do not interfere with traffic; however, a sign which contains illumination by any flashing, intermittent or moving lights, and neon are prohibited. 22.) All billboards are prohibited from advertising the adult entertainment business. IMPORTANT NOTES 1.) Presently, Clear Channel Outdoor has been able to secure only three (3) lease agreements for billboard locations along the I -95 corridor. Therefore, staff is aware of only three (3) of the four (4) proposed billboard locations at this time. 2.) Approval of this agreement would allow four (4) new billboards along I -95 without any public hearing process. STAFF RECOMMENDATION Staff recommends approval of Resolution 26, 2003. rd �p "� a CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 26, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A BILLBOARD RELOCATION AGREEMENT WITH CLEAR CHANNEL OUTDOOR AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Clear Channel currently maintains twelve billboard structures with double - faced signs within and /or immediately adjacent to the corporate limits of the City of Palm Beach Gardens; and WHEREAS, Clear Channel wishes to remove the existing billboard structures in exchange for new sites within the corporate limits of the City of Palm Beach Gardens, adjacent to and visible from Interstate 95; and WHEREAS, section 78 -284 of the City's Land Development Regulations prohibits off - premises signs, including billboards, and requires that all sign copy advertise, promote or otherwise attract attention to goods and services available on the property on which the signs are located; and WHEREAS, notwithstanding the City Code's prohibition against off premises signs, section 70.20, Florida Statutes (2002), authorizes municipalities to enter into relocation agreements and provide for the relocation and reconstruction of billboards by agreement, ordinance or resolution; and WHEREAS, the City and Clear Channel have agreed to a three to one reduction in the number of billboard structures within and /or immediately adjacent to the corporate limits of the City and to the relocation of existing billboard structures to the Interstate 95 corridor; and WHEREAS, the parties wish to enter into an Agreement to provide the terms and conditions under which such billboards shall be removed and relocated; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. 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 Billboard Relocation Agreement attached hereto as Exhibit "A" and incorporated herein and authorizes the Mayor and City Clerk to execute the Agreement on behalf of the City. 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. PASSED, ADOPTED AND APPROVED THIS DAY OF , 2003. ATTEST: CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR ERIC JABLIN AYE NAY ABSENT PA Date Prepared: February 7, 2003 Meeting Date: February 20, 2003 Resolution No. 26, 2003 *: 4 :1I :1HW, BILLBOARD RELOCATION AGREEMENT THIS AGREEMENT is made and entered into this day of , 2003 by and between the CITY OF PALM BEACH GARDENS, a Florida municipal corporation, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter "City "), and CLEAR CHANNEL OUTDOOR, INC., a Delaware corporation, 5800 N.W. 77th Court, Miami, Florida 33166 (hereinafter "Clear Channel "). WHEREAS, Clear Channel currently maintains twelve billboard structures with double -faced signs within and /or immediately adjacent to the corporate limits of the City of Palm Beach Gardens, as described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Clear Channel wishes to remove the existing billboard structures in exchange for new sites within the corporate limits of the City of Palm Beach Gardens, adjacent to and visible from Interstate 95 (1-95 "); and WHEREAS, section 78 -284 of the City's Land Development Regulations prohibits off - premises signs, including billboards, and requires that all sign copy advertise, promote or otherwise attract attention to goods and services available on the property on which the signs are located; and WHEREAS, notwithstanding the City Code's prohibition against off premises signs, section 70.20, Florida Statutes (2002), authorizes municipalities to enter into relocation agreements and provide for the relocation and reconstruction of billboards by agreement, ordinance or resolution; and WHEREAS, the City and Clear Channel have agreed to a three to one reduction in the numberof billboard structures within and /or immediately adjacent to the corporate limits of the City and to the relocation of existing billboard structures to the Interstate 95 corridor; and WHEREAS, the parties wish to provide the terms and conditions under which such billboards shall be removed and relocated. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the City and Contractor agree as follows: A. RECITALS The above recitals are true and correct and incorporated herein by this reference. -1- B. RELOCATION OF BILLBOARD STRUCTURES 1. Clear Channel agrees to remove each of the existing billboard structures listed on Exhibit "A" (hereinafter "Existing Billboards "), including the concrete pad and all related equipment, in exchange for the opportunity to construct four (4) billboard structures on sites located adjacent to and visible from Interstate 95 (hereinafter 1 -95 sites "). 2. The City shall grant Clear Channel a credit for one (1) 1 -95 site for every three (3) Existing Billboards demolished. Each credit entitles Clear Channel to apply for a billboard construction permit in accordance with section C below, provided all other requirements of this Agreement are met. 3. Notwithstanding the foregoing and irrespective of whether Clear Channel is able to secure four (4) 1 -95 sites in accordance with the terms of this Agreement, Clear Channel shall remove all of the existing billboard structures listed on Exhibit "A" no later than December 31, 2005. C. BILLBOARD CONSTRUCTION PERMITS AND ANNUAL FEES 1. Each application for a billboard construction permit shall contain, at a minimum, the following information: a. A specific purpose survey of the leased property indicating proposed setbacks from the right -of -way, the nearest billboard on the same side of the right -of -way, and the nearest intersection on the same side of the right -of- way; and b. A cross - section depicting the distance between the billboard and the right -of- way, as well as the maximum height of the billboard at grade and from the crown of all adjacent rights -of -way; and C. An elevation plan depicting the dimension of the billboard face; and d. Written permission of the property owner for the billboard location. 2. Each billboard construction permit application shall be considered by the City's Land Development Review Committee in accordance with section 78 -24 of the City Code of Ordinances. 3. Clear Channel shall pay an annual billboard permit fee to the City of one thousand dollars ($1,000.00) per new 1 -95 billboard structure. -2- D. STANDARDS FOR BILLBOARD STRUCTURES AND SIGNS 1. All billboard structures and signs constructed on any 1 -95 site shall comply with all Florida Department of Transportation permitting requirements. 2. In addition to Florida Department of Transportation permitting requirements, all billboard structures and sign faces constructed pursuant to this Agreement shall comply with the following additional requirements: a. Structural Requirements Each billboard structure shall consist of a single monopole and a double - sided sign face and shall comply with all Florida Building Code requirements. Roof mounted billboard are prohibited. b. Location (1) No billboard structure shall be located within two hundred (200) feet of any residentially zoned property on the same side of the 1 -95 right - of -way. (2) No billboard structure shall be located within two hundred and fifty (250) feet from the edge of pavement of Donald Ross Road or PGA Boulevard or within two hundred (200) feet from the edge of pavement of Northlake Boulevard. (3) No billboard structure shall be located within thirty (30) feet of the 1 -95 right -of -way. (4) No billboard structure shall be located within thirty (30) feet of the side and rear property lines. (5) Clear Channel shall use its best efforts not to locate any billboard structure within a required landscape buffer. However, should a billboard structure be located within a landscape buffer, Clear Channel shall be required to relocate any disturbed or removed vegetation on -site at a ratio of 2:1, including trees and ground cover. (6) All billboard structures along the same side of the 1 -95 right -of -way shall be separated by a distance of at least fifteen hundred (1500) feet. (7) If a billboard construction permit is issued for a vacant parcel of land and the parcel is subsequently developed, Clear Channel shall relocate the billboard on site if requested by the City. In the -3- alternative, the City may require Clear Channel to transfer the credit to another acceptable 1 -95 site in accordance with the terms of this Agreement. All relocation costs shall be borne by Clear Channel. C. Height The sign height shall not exceed sixty -five (65) feet above the crown of the adjacent main traveled way of Interstate 95. d. Electrical Source Any electrical source required for the billboard structure shall be installed underground. e. Landscaping (1) Each billboard site shall be landscaped with indigenous native Florida shrubs in a manner reasonably acceptable to the City Forester. (2) The property owner shall maintain all landscaping installed on the billboard site. f. Sign Faces (1) The sign faces shall not consist of electronic copy or tri- vision signs or contain movement of any type whatsoever. (2) Each sign face shall be no larger than forty -eight (48) feet wide and fourteen (14) feet high and shall not exceed 672 square feet. (3) Embellishments shall not exceed twenty (20 %) of the total area of the sign face or extend more than five (5) feet beyond the edge of the sign face. (4) Each sign face shall be placed so as to be primarily visible from the traffic lanes on Interstate 95. g. Illumination (1) Signs may be illuminated; however, signs which contain include or are illuminated by any flashing, intermittent or moving lights are prohibited. (2) No sign shall be illuminated so that it interferes with the effectiveness of or obscures an official traffic sign, device or signal. -4- (3) All illumination shall be directed toward the sign face. (4) No neon lighting shall be permitted. h. Content (1) Signs advertising any establishment or business that could reasonably be characterized as providing adult entertainment, publications containing sexually graphic materials or any other form of entertainment that appeals to the prurient interest in sex shall be prohibited. (2) No sign erected pursuant to this Agreement shall contain any of the following: obscene language or language that describes sexual conduct; graphics that depict sexual conduct, human genitalia or buttocks which are not fully covered, or female breasts which are not fully covered; or graphics which depict scenes or images which could reasonably be construed as being obscene or which appeal to prurient interests. E. RECOGNITION OF CITY'S REGULATORY AUTHORITY AND WAIVER By executing this Agreement, Clear Channel recognizes and acknowledges the City's home rule and statutory authority to regulate and /or ban billboards within its corporate boundaries. In consideration of the City's agreement to allow the relocation of existing billboards and not otherwise seek their removal, Clear Channel, its successors or assigns, covenants and agrees that it shall not file any administrative or judicial challenge to the City's sign code as it relates to billboards, as it currently exists or as it may be amended from time to time, and shall not seek any additional billboard structures within the City's corporate limits or within the FEC right -of -way immediately adjacent to the City's corporate limits. F. AGREEMENT RUNNING WITH CLEAR CHANNEL This Agreement shall run with Clear Channel and the locations permitted hereunder. This Agreement shall be binding upon the parties hereto, their successors and assigns. The parties represent that they have full authority to enter into this Agreement and implement this Agreement for the application, location and signs referenced herein. G. MISCELLANEOUS PROVISIONS 1. All notices or other written communications required, contemplated or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certificated mail (postage prepaid), return receipt requested, to the following addresses: -5- As to City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799 -4111 with a copy to: City of Palm Beach Gardens 10500 North Military Trial Palm Beach Gardens, Florida 33410 Attn: City Attorney Facsimile: (561) 627 -5600 As to the Clear Channel: Clear Channel Outdoor 5800 N.W. 77th Court Miami, Florida 33166 Attn: Real Estate Department Facsimile: (305) 714 -3480 2. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. 3. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which constitute the same Agreement. 4. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 5. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. 6. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. 7. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. 8. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 19 9. The effective date of this Agreement shall be .as of the date it has been executed by both the parties hereto. 10. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. 11. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non - prevailing party pay to the prevailing party reasonable attorney's fees and costs, including appellate fees and costs. [Remainder of Page Intentionally Blank — Signature on Next Page] -7- IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of , 2003. CITY OF PALM BEACH GARDENS, a Florida municipal corporation [SEAL] ATTEST: City Clerk STATE OF FLORIDA ) COUNTY OF PALM BEACH )ss: Mayor The foregoing instrument was acknowledged before me this day of , 2003, by Eric Jablin and Patricia Snider, as Mayor and City Clerk, respectively, for the City of Palm Beach Gardens, who ❑ did / ❑ did not take an oath. (SEAL) NOTARY PUBLIC (Print Name) My Commission Expires: Personally Known ❑ OR Produced Identification ❑ Type of Identification: ME Executed by Clear Channel this ATTEST: Name: Title: STATE OF FLORIDA COUNTY OF )ss: day of 12003. CLEAR CHANNEL OUTDOOR, INC., a Florida corporation Name: Title: The foregoing instrument was acknowledged before me this day of 2003 , by and , as and for Clear Channel Outdoor, Inc., a Florida corporation, who ❑ did / ❑ did not take an oath. (SEAL) NOTARY PUBLIC (Print Name) My Commission Expires: Personally Known ❑ OR Produced Identification ❑ Type of Identification: P:\C PW in \H I STORY\021121 A \43F.17B(319.062)Igr- doc379 in EXHIBIT "A" 1. West side of Alternate A -1 -A .65 miles north of PGA Boulevard (within FEC right of way and not within City limits) 2. West side of Alternate A -1 -A .90 miles north of PGA Boulevard (within FEC right of way and not within City limits) 3. West side of Alternate A-1 -A 1.30 miles north of PGA Boulevard (within FEC right of way within City limits) 4. West side of Alternate A-1 -A 1.40 miles north of PGA Boulevard (within FEC right of way and within City limits) 5. North side of Northlake Boulevard 300 feet east of Military Trial (within City limits) 6. South side of PGA Boulevard 200 feet east of U.S. Highway One (within City limits) 7. East side of U.S. Highway One .5 miles north of PGA Boulevard (within City limits) 8. North side of Hood Road 2800 feet west of Military Trail (within City limits) 9. South side of Donald Ross Road 1000 feet west of Central Boulevard (within City limits) 10. South side of Donald Ross Road 1500 feet west of Central Boulevard (within City limits) 11. South side of Donald Ross Road 3395 feet west of Central Boulevard (within City limits) 12. West side of Alternate A -1 -a .1 miles south of Donald Ross Road (within FEC right of way and within City limits) 02/10/03 MON 17:19 FAX 0057143480 CLEAR CHANNEL CLEARCHANNEL OUTDOOR February 10, 2003 Via Fax Transmission: 561 - 799 -4281 Mr. Brad Wiseman Planner City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Outdoor Advertising Displays Dear Mr. Wiseman; Pursuant to our conversation today, please accept this letter as confirmation that Clear Channel Outdoor will agree to the terms of the Relocation Agreement we received from Mr. Rubin on February 5, 2003 as long as the 250 feet is changed to 200 feet on Page 3, (b) (1). Can you please send me a copy of the February 20, 2003 Agenda upon it being finalized. If you need any questions, please feel free to call me on my direct line (305) 714 -3543. Thank you for your time in this matter. Sincerely, —�H� C�:) ��g Greg Hibbs Real Estate Representative Cc: Len Rubin, Watterson & Hyland — via fax (561) 627 -5600 CLEAR CHANNEL OUTDOOR (formerly Eller Media) 5800 NW 77'x' Court, Miami, Florida 33166 Telephone: (305) 592 -6250 Direct Line #: - (305) 714 -3543 Fax: r 4 Cflp OF PB(; 7144WOO 2003 PLANNING ZONING [)iV ,SrON lib0o1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 10, 2003 Meeting Date: February 20, 2003 Resolution 34, 2003 Subject /Agenda Item: Providing for the approval of an Work Authorization for engineering services with the firm of LBFH, Inc. in connection with the creation of two Special Assessment Districts. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ 99,174 Council Action: City Attorne (Total) [ ] Approved $ 99,174 _ [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ X ] Other Submitted by: [ ] Not Required Daniel P. Cla , P.E. City Engineer Department Director Affected parties [ ] Notified Budget Acct. #: General Fund Reserves [ ] None Approved by: City Manager [ ] Not required Date Prepared: February 10, 2003 Meeting Date: February 20, 2003 Resolution 34, 2003 BACKGROUND: At the City Council meeting on January 16, 2003, the City Council unanimously passed a motion to adopt the Blue Ribbon Panel's "Report on Canal System Restoration and Maintenance ", and directed staff to proceed with implementing its findings. In the Report's conclusion, the Panel recommends a funding strategy to establish two special assessment districts for canal system restoration and maintenance. The assessments would be for the purpose of restoring the central stormwater system for the City and then providing for a source of funds for perpetual maintenance. The City has expressed interest in moving forward with the creation of these two special assessment districts. Since the Blue Ribbon Panel's Report is conceptual in nature, Council has requested that staff take the necessary steps to verify the data and the assessment rates, and to report back to Council on the assessment methodology. Should the Council then decide to move forward with the special assessments, the activities required to create the special assessment districts, including the development of a legally defensible methodology and assessment rate, and coordination of the appropriate procedural steps with the Palm Beach County Property Appraiser and Tax Collector, will need to be accomplished within a short timeframe over the next three to five months. Therefore, this Work Authorization includes engineering services, consulting services associated with special assessments, and legal services to assist the City with these activities. Charges incurred for this preliminary work can be included in the Special District rate structure and returned to the City's Reserve Fund when the Districts are approved and operating. STAFF RECOMMENDATION: Staff recommends approval of Resolution 34, 2003. RESOLUTION: (See Attachment for Resolution 34, 2003) Date Prepared: February 10, 2003 Page: 2 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 34, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A WORK AUTHORIZATION FOR ENGINEERING SERVICES WITH THE FIRM OF LBFH, INC. IN CONNECTION WITH THE CREATION OF TWO SPECIAL ASSESSMENT DISTRICTS; AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida desires to employ an engineering firm to provide engineering services on behalf of the City; and WHEREAS, the City Manager has negotiated a Work Authorization with the engineering firm of LBFH, Inc. to perform such services as may be directed by the City Manager; and WHEREAS, the City Council has deemed it to be in the best interest of the citizens and residents of the City of Palm Beach Gardens NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION 2: The City Council hereby approves a Work Authorization for engineering services with the firm of LBFH, Inc. for services in connection with creation of two special assessment districts. A copy of said Work Authorization is 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. SECTION 6: The City Council hereby authorizes the Mayor and City Clerk to execute the Work Authorization on behalf of the City. PASSED, ADOPTED AND APPROVED this day of , 2003. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT Date Prepared: February 10, 2003 Meeting Date: February 20, 2003 Resolution 34, 2003 EXHIBIT A LBFH, Inc. - City of Palm Beach Gardens Work Authorization Pro_ posed Support Services for Special Assessment Districts City of Palm Beach Gardens, Florida LBFH, Inc. will perform the following work: Task 1: Preliminary Work and Data Collection, Kickoff Meeting This Task will include the review and compilation of existing data from both the previous stormwater utility effort and the City's Blue Ribbon Committee Report. LBFH will acquire the most recent aerials and /or other ArcView shape files available for the service areas that have been added since the previous stormwater utility project. LBFH will attend a kickoff meeting with City staff and project subconsultants. Time & Expense Estimate: $7,446 Task 2: Develop Stormwater User - Charges Task 2 will include the development of stormwater user charges based on the proposed budget for each service or capital improvement area. A user charge based rate structure will be applied to eligible parcels based on the Impervious Area Apportionment Methodology. Overlapping stormwater management services, if any, will be identified and shown as separate line items in the data file. The database will address the ability to fund both capital and operations requirements. An output file will be compatible with the data needed to meet statutory requirements for the adoption of a stormwater special assessment program. Exemptions and mitigation credits will be included in the algorithmic functions based on a credit and adjustment policy developed by LBFH to meet specific stormwater characteristics of the City. Time & Expense Estimate: $5,740 Task 3: Determine Actual Base Billing Rates LBFH will calculate the base equivalent stormwater unit (BSU) value based on data provided by the Palm Beach County Property Appraiser, the City of Palm Beach Gardens and other creditable sources. Work previously completed on a previous stormwater utility project for the City will be used to the extent feasible and will be validated through the testing of a statistically valid sample set. Aerial photographs, maps and other building records provided by the City will be used. Time & Expense Estimate: $8,116 Task 4: Generate Preliminary Billing Data This Task will include the development of an assessment calculation database from the Palm Beach County Property Appraiser's records and GIS files maintained by the City and LBFH. This task will include coordination with City staff on data collection tasks, including but not limited to field measurement, field research, and verification of parcel data needed for the database. The magnitude of the data collection effort will be dependent on the quality of data available. Time & Expense Estimate: $6,970 Task 5: Develop Pro Forma Rates The City will be provided with pro forma rates based on data collected in Task 4 above. The pro forma rates will be determined by dividing the number of billing units in the special assessment district boundaries into the proposed Stormwater Program budget, based on the apportionment methodology. Time & Expense Estimate: $5,280 Task 6: Project Documentation This task includes developing the documentation of all previous tasks, including outlining the assessment methodology generated, in a summary report. The report will be suitable for presentation to City staff, elected officials and for distribution to the public, if desired. LBFH will meet with City staff to review the draft report, prior to finalization. Time & Expense Estimate: $4,914 Task 7: Attend Team Meetings, Presentations, and Provide Training This task includes attending team meetings and presentations to provide City staff and elected officials with facts and findings that will assist them in making informed decisions on key issues regarding the special assessments. The consultant team will present recommendations and findings to the City Council and attend required public hearings. Time & Expense Estimate: $13,042 �A Task 8: Public Information Strategy and Information Brochure LBFH will work with City staff to develop a public information campaign to effectively present the basic purposes and goals of the special assessments. LBFH will prepare an informational brochure appropriate for mailing to parcel owners in the City. Time & Expense Estimate: $1,912 Task 9: Update the City Boundary LBFH, Inc. will finalize research on annexations, reconcile differences /errors in the City boundary by working with the City's attorney, and prepare a final updated legal description for the City, suitable for amending the boundary in the City Charter. Time & Expense Estimate: $5,054 Task 10: Legal Support Services Legal support services will be provided by Lewis, Longman, & Walker, P.A. (LLW). LLW will work with City staff and the special assessment consultants to develop the necessary information, assessment roll and legal justification for the special assessments. This will include development of a legally defensible methodology and assessment rate and coordination of the appropriate procedural steps with the Palm Beach County Property and Tax Collector. Also, included in this task is attendance at team meetings, City Council meetings and workshops and public hearings /meetings. Time & Expense Estimate: $35,700 Total Time & Expense Not to Exceed: $94,174 REIM: Direct Expenses: This includes any direct, non -salary expense, including but not limited to photocopies, blueprints, out -of- office reproduction or photographic services, long distance telephone calls, special mailing (FedEx or UPS) services, contract services authorized by the Client, special materials and survey markers. Estimated Fee: $5,000 Authorize Tasks 1 through 10 for a Total Not to Exceed Contract: $ 99,174 City Manager Date City Engineer Date G:\Karen -B\PBG Spec. Assess \Work Authorization Special Assessment Districts.doc CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 11, 2003 Meeting Date: February 20, 2003 Resolution: 36, 2003 Subject/Agenda Item: Consideration of Resolution 36, 2003, supporting the alternate design options for the State Road 710 Turnpike Interchange proposed by the Steeplechase Property Owners Association. [ ] Recommendation to APPROVE [ ] Recommendation to DENY [X ] Council Directive Reviewed by: Originating Dept: Costs: n/a Council Action: City Attorney City Attorney Funding Source: [ ] Approved [ ] Operating [ ] Approved with conditions [ ] Other [ ] Denied [ ] Continued to: Advertised: Submitted by: Date: Budget Acct. # Attachments: City Attorney L�� Paper: [ X] Not Required Resolution 36, 2003 Approved by: Affected parties: City Manager [ ]Notified [ X] Not Required Date Prepared: February 11, 2003 Meeting Date: February 20, 2003 Resolution: 36, 2003 • BACKGROUND: At the February 6, 2003 City Council meeting, the Council requested preparation of a Resolution supporting the two alternate options proposed by the Steeplechase Property Owners Association relating to the design of the proposed Turnpike interchange at State Road 710 ( "Bee Line Highway ") • STAFF RECOMMENDATION: Council Directive (No recommendation). x CITY OF PALM BEACHIGARDENS, FLORIDA RESOLUTION 36, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING THE ALTERNATE DESIGN OPTIONS FOR LOCATION OF THE STATE ROAD 710 TURNPIKE INTERCHANGE PROPOSED BY THE STEEPLECHASE PROPERTY OWNERS ASSOCIATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Turnpike Authority ( "Authority ") is moving forward with the construction of an interchange at State Road 710 ( "Bee Line Highway ") within the corporate limits of the City of Palm Beach Gardens and adjacent to the Steeplechase community; and WHEREAS, representatives of the Steeplechase Property Owners Association ( "PDX) have met with the Authority on numerous ! occasions and have proposed mitigation measures which would alleviate many of the impacts on individual property owners within the Steeplechase neighborhood and the surrounding community; and WHEREAS, the POA has proposed two design options to alleviate the social, economic and environmental impacts of the proposed interchange on the Steeplechase neighborhood; and WHEREAS, the City Council wishes to endorse the two options proposed by the POA and to urge the Turnpike Authority to adopt one of !the options in constructing the interchange; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. 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 endorses the two options proposed by the Steeplechase Property Owners Association to mitigate the adverse impacts of the proposed Turnpike interchange at State Road 710. These two options are summarized as follows: -1- Option 1 1. Relocation of the center of the Turnpike's section (the approximate location of the proposed interchange) between State Road 710 on the south and Northlake on the north by approximately 71 feet to the west; and 2. Construction of a 16 foot high earthen berm with a six foot wall on top along the western property line of Steeplechase to mitigate noise and visual impacts of the road and exit as well as an eight foot wall on all ramps; and 3. Placement of dense, tall vegetation suitable to the City Forester along the eastern slope of the berm to provide additional mitigation and buffering. Option 2 Splitting the interchange so that the northbound exit/entrance is located south of the Beeline Highway and Solid Waste Authority site on vacant land. Turnpike traffic would exit or enter the Turnpike on Dyer Boulevard from and to Haverhill. The southbound exit/entrance could be constructed where is it presently proposed, on the west side of the present Turnpike,; thereby eliminating the need for the bridge and requiring a small berm and vegetation for buffer. 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. [Signatures on the next page] -2- PASSED, ADOPTED AND APPROVED THIS DAY OF , 2003. ATTEST: CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR ERIC JABLIN AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 29, 2003 Meeting Date: February 20, 2003 Ordinance 1; 2003 Subject /Agenda Item: Ordinance 1, 2003: Petition ZON- 02 -01: Wachovia Bank Building Rezoning First Reading: A request by Urban Design Studio, agent for Narragansett Realty II, Inc. for a rezoning of the Wachovia Bank building (a.k.a. Admiralty I building) from General Commercial (CG -1) to Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial (CG -1). The 2.51 -acre site is located at the southeast corner of PGA Boulevard and Military Trail. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ N/A P & Z Action: (Total) Principal Growth Management: [ ]Approved Planner Talal Benothman, AICP Project Manager —W $ N/A [ ]Approved w/ Natalie Wong, Current FY conditions � Planner City Atto ey Leonard bin, esq. [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Development Compliance Date: [ ] Operating Bahareh Keshavarz - Wolfs, Paper: [ ] Other • Table 1 AICP 0 Location Map [X] Not Required [ X] N/A • Proposed Sign location and detail • Ordinance 1, 2003 Growth Ma Man en Administrat r Charles K. P Approved by: Affected parties [X] Notif Budget Acct. #: [ ] None Approved City Mana 4Fes [ ] Not required Ronald M. Date Prepared: January 29, 2003 Meeting Date: February 20, 2003 Ordinance 1, 2003 BACKGROUND The site is bounded by PGA Boulevard to the north, the Admiralty II building to the east, Tanglewood Plaza to the south, and Military Trail to the west. The Site Plan and Appearance Review Committee originally approved the 2.51 -acre site on June 27, 1978, for a six (6) -story building, with approximately 48,600 square feet of office space and a parking garage. Since its original approval, the site has had no major modifications. The proposed rezoning will change the zoning designation from CG -1 to PUD Overlay, with an underlying zoning of CG -1. No site plan changes are being proposed; however, the proposed PUD classification will allow the applicant to request waivers. The applicant is requesting one waiver from Section 78 -285 "Permitted Signs" Table 24: Permanent Signs, to allow for the principal wall sign (i.e. the Wachovia sign) to be relocated to the top parapet wall located above the 6th floor. The sign was formerly located above the 3rd floor, but has recently been removed. The City Council of the City of Palm Beach Gardens denied a Variance petition for a similar request for the subject building on April 6, 1995, because the proposed height increase of the principal wall sign did not constitute a hardship. Rezoning the site to a PUD, however, would allow the sign to be placed at the top of the building through a waiver. In return, the applicant will agree to maintain the road median and road shoulder landscaping on Military Trail and PGA Boulevard. LAND USE AND ZONING The site is currently zoned General Commercial (CG -1), has a future land -use designation of Commercial (C), and is designated as Commercial on the Vision Plan. The applicant requests to rezone the site to a PUD Overlay with an underlying zoning of General Commercial (CG -1). The proposed rezoning is consistent with the future land -use designation, as identified in the City's Comprehensive Plan, and the PGA Boulevard Corridor Overlay, Section 78 -221 (e). This section requires that every property owner seeking a development order within the corridor shall rezone the subject property to a PUD or PCD Overlay zoning. PROJECT DETAILS Sinae The principal tenant wall sign is being proposed on the top parapet wall above the 6th floor. The applicant is requesting a waiver for this sign from section 78 -285 "Permitted Signs" Table 24: Permanent Signs, which limits the height of wall signs for principal tenants to the 2nd floor. The 2 proposed sign will be 71.06 sq. ft. in size, when the code allows feature Vinyl European Blue channel letters. Date Prepared: January 29, 2003 Meeting Date: February 20, 2003 Ordinance 1, 2003 for 90 sq. ft. The sign will The location of the proposed sign is consistent with several buildings (i.e. Admiralty II, SunTrust Bank, Embassy Suites) in the surrounding area, as well as several other buildings in the City of Palm Beach Gardens that have the principal tenant wall signs on the top floor. Such signs were approved through waivers or variances. Table 1 summarizes these signs: Building Zoning Location Required Provided Development Order Admiralty II PUD with Southeast corner of Maximum Top parapet wall Ordinance. 14, 2000 underlying General Military Trail and PGA height 2nd floor above the 10`h (approved June 5, 2000) Commercial Blvd., immediately east of line floor (waiver CG -1 Wachovia building provided Double Tree Hotel PUD with Northeast corner of Maximum Top parapet wall Ordinance 14, 1997 underlying General Military Trail and PGA height 2nd floor above the 6h floor (approved April 3, 1997 Commercial Blvd. line (variance /waiver CG -1 provided) Marriott Hotel PUD with Southeast corner of I -95 Maximum Top parapet wall Ordinance 20, 1987 underlying General and PGA Blvd. height 2 "d floor above the 11 d' (approved Nov. 19, Commercial line floor (waiver 1987) (CG -1) provided in PUD approval) SunTrust Bank PUD with Southwest comer of Maximum Top parapet wall Resolution 159, 1990 underlying General Military Trail and PGA height 2nd floor above the 5d floor (approved Dec. 18, Commercial Blvd. line (waiver provided) 1990) (CG -1 Embassy Suites PUD with Immediately east of Maximum Top parapet wall Ordinance 14, 2000 underlying General Admiralty II building, height 2nd floor above the 10`h (approved June 5, 2000) Commercial south side of PGA Blvd. line floor (waiver (CG -1 provided) PUD with and Admiralty II (Embassy Maximum Above 2" Floor Resolution 90, 1992 Boston Steak and underlying General Suites), south side of PGA height 2nd floor Line (waiver (approved October 13, Seafood Commercial CG -1 Blvd. line provided) 1992 Bank One (a.k.a Planned Community NE Corner of Fairchild Maximum Top parapet wall Resolution 21, 1998 MacArthur Center District (PCD) with Gardens Avenue and PGA height 2nd floor above the 4d' floor (approved March 19, Building) underlying of PO Boulevard line waiver provided) 1998 Good Samaritan Planned Community NW Corner of PGA Maximum Above 4th floor Resolution 16, 1995 Hospital District (PCD) with Boulevard & Fairchild height 2 "d floor line (waiver (approved March 16, underlying of PO Gardens Ave. line provided) 1985 UBS Paine Weber PUD/PCD with NE corner of PGA Maximum Above top floor Resolution 118, 1994 (a.k.a. Medical underlying of PO Boulevard and Alternate height 2 "d floor [10`h floor] (approved Sept. 1, Mall) AIA. line (waiver provided 1984) with PUD approval) Grand Bank Planned Community NE Corner of Lake Maximum Above top floor Resolution 50, 2000 Building District (PCD) with Victoria and PGA height 2nd floor [3rd floor] (waiver (approved July 6, 2000) underlying of PO Boulevard line provided) Golden Bear Plaza PUD with an East side of U.S. Highway Maximum Top parapet wall Resolution 16, 1990 underlying 1, immediately north of height 2 "d floor above the 6`h floor (approved Feb. 1, 2000) Professional Office the Oakbrooke Square line (waiver provided) & Ordinance 29, 1989 (PO) (approved Oct. 18, 1989 Table 1: Past Approvals on Principal Tenant Wall Signs 3 Date Prepared: January 29, 2003 Meeting Date: February 20, 2003 Ordinance 1, 2003 Landscaping /Buffering Although not required to do so by the development order, the applicant is currently maintaining the landscaping, irrigation, roadway shoulders and medians on Military Trail and PGA Boulevard adjacent or contiguous to the road frontage of the subject site. As a condition of approval and as a justification for the sign waiver, the applicant has agreed to continue to maintain the above medians and roadway shoulders. Wrziver.c Code Section Required Provided Support Section 78 -285 "Permitted Signs" Table 24, Permanent Signs Maximum height 2" floor line Top parapet wall above the 6 I floor YES Table 2: Requested Waiver PLANNING & ZONING COMMISSION RECOMMENDATION On November 26, 2002, the Planning & Zoning Commission recommended approval of the proposed rezoning and sign waiver by a vote of 4 -2, with Commissioners Glidden and Charming dissenting. Commissioner Glidden supports the proposed sign location, but believes the applicant does not need a waiver to locate the sign to its proposed location. STAFF RECOMMENDATION Staff recommends approval of Ordinance 1, 2003, with one (1) waiver and one (1) condition of approval. 4 Date Prepared: January 29, 2003 Meeting Date: February 20, 2003 Ordinance 1, 2003 11 EXISTING USE I ZONING I LAND USE Subject Property General Commercial (CG -1) Commercial (C) Wachovia Bank Building North Shell Gas Station and Double Tree PUD with underlying zoning of Hotel General Commercial (CG -1) Commercial (C) South Tanglewood Plaza West Sun Bank Building PUD with underlying zoning of I Commercial (C) General Commercial (CG -1) PUD with underlying zoning of I Commercial (C) General Commercial (CG -1) East Admiralty II Building PUD with underlying zoning of Commercial (C) General Commercial (CG -1) 5 Date Prepared: January 16, 2003 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 1, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF REZONING 2.51 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF PGA BOULEVARD AND MILITARY TRAIL, AS DESCRIBED HEREIN, FROM GENERAL COMMERCIAL (CG -1) TO PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING OF GENERAL COMMERCIAL (CG -1); AMENDING THE CITY OF PALM BEACH GARDENS OFFICIAL ZONING MAP ACCORDINGLY; PROVIDING FOR A CONDITION OF APPROVAL; PROVIDING FOR A WAIVER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received Petition ZON -02 -01 from Urban Design Studio, agent for Narragensett Realty II, Inc., requesting to rezone approximately 2.51 acres of land on the southeast corner of PGA Boulevard and Military Trail, as more particularly described in Exhibit "A" attached hereto, from General Commercial (CG -1) to Planned Unit Development (PUD) Overlay; and WHEREAS, the subject parcel currently has a zoning designation of General Commercial (CG -1) and has a future land -use designation of Commercial (C); and WHEREAS, on November 26, 2002, the Planning and Zoning Commission conducted a public hearing and recommended approval of the requested rezoning and waiver; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: 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 Ordinance upon adoption hereof. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the rezoning of the subject parcel of land as more particularly described in Exhibit "A ", attached hereto and incorporated herein, from General Commercial (CG -1) to Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial (CG -1). Date Prepared: January 16, 2003 Ordinance 1, 2003 SECTION 3. Said approval is subject to the following condition, which shall be the responsibility of the applicant, its successors or assigns: 1. The petitioner, successors and assigns shall maintain the landscaping and irrigation of the road shoulders and medians of Military Trail and PGA Boulevard that are adjacent to or contiguous to the subject property's road frontage per the City's Roadway Beautification Plan adopted by Ordinance 36, 2002 (City Forester). SECTION 4. The City Council of the City of Palm Beach Gardens hereby approves the following waiver with this approval: A waiver from Section 78 -285 "Permitted Signs" Table 24, Permitted Signs, to allow for a wall sign for a principal tenant to be located on the top parapet wall above the 6th floor. Section 78 -285 allows the maximum height of the principal tenant wall sign to be no higher than the 2nd floor line. SECTION 5. All Ordinances, or parts of Ordinances in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 6. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance if 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 7. This Ordinance shall become effective on the day of adoption. [This space intentionally left blank] 2 PASSED, FIRST READING this PASSED, SECOND READING this PASSED, ADOPTED AND APPROVED this SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO 3 Date Prepared: January 16, 2003 Ordinance 1, 2003 day of , 2003. day of , 2003. day of , 2003. COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY AYE NAY ABSENT EXHIBIT A Legal description A cet'Wn pamcl of lazed In the North ono half of, the Northeast One Quarter of Seddon 12, Township 42 South, Range 42 East, Palm Beach County, Florida, being more p=lcularly described as follows; Commencing at a point on the North-South Quarter Section Lino of said Section 12, 825 feCE North of the Soutb line of the North Flalf of the Northeast Quaner tun thence South 88 °08'55" East 60.0 feet to the point of beginning, (for the purpose of this descrlption the xorth�Sou[h Quarter Section Line is assumed to bear North 01 °37'2,5' East and all other bearings arc relative thereto) thence continue South 83 °08'55' Last 270.0 feet; - thenco North 01-51,05. EMI 446.84 feet. more or less, to a point in the 5outhurly rigbt of way of P.G.A. Boulevard; tharxe South 68 042'27' West 292.97 foot, tnoro or less, to a point in tho ultimate right of way lint of MllitM7 Trall; thence Soutb 01 °57'25" West along said East right of way line and a line 60.0 feat easterly from (as measured of right angles) and parallel to tha North -South Quarter Section Line a distznce of 331.69 feet, more or less, to the Point of Beginning. . IV, Irw, R Gardens Square Sh( LUP.- C t.%A- Zone: Cc' I �mjp, ij PGA E3LVD Sun Bank LUP: C Zone: CG-1 Professional XT LUP: PO Zone: PO W—�!-- "� �i" , r Ll it WAM M1111111.- -TIITfr, X -7 Nr jbur; JL'/1 ME UW4 Zone: S 0 wUON SIGNACJ Ility I Ruildi * 91 Z CD U) 0 z Z O H Q SU w-j Z (D U) 0 w Z U) O C¢ OU 0�O IL -j r_ w o Q W U � W W o 3�a H Q z E Z_ n J Z z Z Q O OoCfifin aQwOL. 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C U) W H U) U) m W e� a O C� V O a, ■ • v 0 0 06 0 ui Q b J f� • ) �A, r� �' ✓go CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 20, 2003 Date Prepared: February 5, 2003 Ordinance 6, 2003 Subject /Agenda Item: Ordinance 6,2003- SMALL -SCALE LAND -USE AMENDMENT FOR PARCEL 4.01 First Reading: A request by Don Hearing of Cotleur- Hearing, on behalf of Centex Homes, for a small -scale land -use map amendment to change the current land -use designation of an 8.18 -acre parcel from Commercial (C) to Mixed -Use (MXD). The subject parcel, known as Parcel 4.01, is located at the southwest corner of Central Boulevard and Donald Ross Road. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA LPA Commission --- Principal Growth Management: Action: Planner—L-11-1 Talal Benothman, � Project Costs: $ NA Total [ ]Approved [ ] App- w/ conditions City Attorne _ Manager [ ] Denied Len Rubin Kara Irwin $ NA [ ] Rec. approval Developrpt Compliance Senior Planner Current FY [ ] Rec. app. w/ conds. [ ] Rec. Denial Bahareh K. Wolfs Funding Source: [ ] Continued to: Advertised: Attachments: Growth na t Date: [ ]Operating • Ordinance 6, 2003 Directo [X] Other NA • Location Map Charles K. Wu, AICP • Traffic Study Paper: • Justification Statement Approved b City Mana e [X] Not Required Budget Acct. #: g [ ] None Affected parties: p Ronald M. Fe is NA [ ] Notified [X] Not Required Date Prepared: February 5, 2003 Ordinance 6, 2003 Page 2 of 8 BACKGROUND: Parcel 4.01 is an 8.18 -acre site, which has been incorporated into an approximately 21.72 -acre site comprised of two separate parcels (4.01 and 4.10) that have separate Future Land Use Map designations. Parcel 4.01 (located at the southwest corner of Donald Ross Road and Central Boulevard) is the subject of the comprehensive plan future land use map amendment to convert the land -use designation of the site from Commercial (C) to Mixed -Use (MXD). Parcel 4.10 (adjacent to Parcel 4.01) consists of approximately 13.53 acres and is designated Mixed -Use (MXD) on the City's Future Land Use Map. The applicant is combining the two sites (4.01 and 4.10) to create a larger residential mixed -use planned unit development (PUD) in order to generate additional residential units for the PUD. The site is bounded by Jupiter's Abacoa Mixed Use Development of Regional Impact (DRI) to the north, the approved Benjamin High School Planned Unit Development (PUD) to the south, vacant property to the west, and the proposed Donald Ross Village mixed -use development to the east. The site consists of unimproved land with mainly upland vegetation, and is subject to the Forbearance Agreement entered into between the City and major landowners who purchased land from the MacArthur Foundation during the divestiture. LAND USE COMPATIBILITY WITH SURROUNDING AREA: The applicant intends to develop a mixed -use two -story commercial retail /professional office building, which is consistent with the commercial uses located across the street within the Town of Jupiter. To the north of the subject site is the Abacoa DRI (Town of Jupiter), which is a Mixed -Use Development of Regional Impact (DRI). To the west is a vacant parcel, which has a Residential Low (RL) future land use designation. To the south is the approved Benjamin High School Planned Unit Development (PUD), which has a future land use designation of Residential Low (RL). To the east is the proposed Donald Ross Village PUD, which has separate land -use designations of Mixed -Use (MXD) and Commercial (C). The requested Mixed -Use Future Land Use Map Designation is consistent with the adjacent non- residential parcels and business oriented nature of the area. The use is also complimentary with the adjacent uses and would provide a good transition for the commercial /residential mixture to the adjacent uses. COMPATIBILITY 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 Residential Medium (RM). The requested land -use change to Mixed -Use (MXD) is compatible with the Vision Plan designation more so than the current designation because it does not allow for residential uses; therefore, it is consistent with the intent and objective of the Vision Plan. Date Prepared: February 5, 2003 Ordinance 6, 2003 Page 3 of 8 CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed land -use amendment is consistent with many of the Goals, Objectives, and Policies of various elements within the City's adopted Comprehensive Plan. An example of some of the goals, objectives and policies, which are consistent with and furthered by the proposed amendment, are listed below. Future Land -Use Element Goal 1.11: Continue to ensure a high quality living environment through a mixture of land uses that will maximize Palm Beach Gardens' natural and manmade resources while minimizing any threat to the health, safety, and welfare of the City's citizens that is caused by incompatible land - uses and environmental degradation. Objective 1.1.1.: The City shall continue to maintain land development regulations to manage future growth and development in a manner that provides needed facilities and services, protects environmental resources, and discourages the proliferation of urban sprawl. Policy 1.1.1.1.: 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 as a minimum: a. Regulate the subdivision of land; b. Regulate the use of land and water consistent with this element and ensure the compatibility of adjacent land uses and provide for open space; C. Protect areas designated Conservation on the Future Land Use Map and further described in the Conservation, Coastal Management, and Recreation and Open Space Elements of this Comprehensive Plan; d. Minimize the impacts of land use on water quality and quantity and regulate development which has a potential to contaminate water, soil, or crops; e. Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management consistent with the Infrastructure Element of this Comprehensive Plan; f. Protect potable water wellfields and aquifer recharge areas; g. Regulate signage; h. Ensure safe and convenient on -site traffic flow and vehicle parking needs; i. Discourage urban sprawl through the following strategies: (1) Establishing moderate densities and varied housing opportunities in urban areas (2) Mixed -use and clustering requirements (3) Promoting urban infill development and redevelopment (4) Locational requirements (5) Establishing an urban growth boundary and distinct urban and rural service areas (6) Directing public investment to existing urban areas, and (7) Annexation and extraterritorial planning agreements. Date Prepared: February 5, 2003 Ordinance 6, 2003 Page 4 of 8 Objective 1.1.4.: Development orders and permits for development and redevelopment activities shall be issued only in areas where public facilities necessary to meet level of service standards (which are adopted as part of the Capital Improvements Element of the Comprehensive Plan) are available concurrent with the impacts of development. Objective 1.1.7.: The City shall maintain land development regulations containing standards and provisions which encourage the elimination or reduction of uses inconsistent with the City's character and future land uses. The proposed land -use amendment from Commercial (C) to Mixed Use (MXD) provides for the promotion of mixed -use development within an area with existing infrastructure and services. The amendment provides a reduction in the intensity of the allowable development, thereby minimizing the impact of the land use on the existing environment. The expansion of the Mixed -Use land -use promotes a clustering of residential development with compatible non - residential community- serving uses, which reduces the potential urban sprawl of segregated use development. Transportation GOAL 2.1.: The transportation system in Palm Beach Gardens shall be convenient, safe, and efficient for all persons living in and traveling through the City. Objective 2.1.1.: To maintain specific level of service (LOS) standards on the roadways. Policy 2.1.1.1.: Level of service standards shall be as shown on Table 2A and shall be applicable to the urban and rural service areas. Level of service for FIHS roads will be measured utilizing the FDOT Generalized Peak Hour Directional Volumes for Florida's Urbanized Areas (Table 2B), or FDOT Generalized two -way Peak Hour Volumes for Florida's Urbanized Areas (Table 2C), or utilizing the FDOT Florida Highway System Plan Level of Service Standards and Guidelines Manual (FDOT Manual) and the 1994 Highway Capacity Manual (HCM) procedures contained in the Special Report 209, 3rd Edition, 1994.. Level of service for non -FIRS roads that are part of the County thoroughfare system will be measured utilizing the volumes provided in the 1997 Palm Beach County Comprehensive Plan Transportation Element (Table 2D), or utilizing the methodologies provided in the TPSO. Level of service for city roads will be measured utilizing the service volumes and capacities adopted in the City's Traffic Performance Standards Ordinance (Table 2E) or utilizing the FDOT Manual and 1994 HCM procedures. The proposed amendment promotes a reduction in net new daily trips estimated by using the most intense use of the parcel as provided in the City's Land Development Regulations. The reduction in trips minimizes the impact of this parcel on the adopted level of service standards of the affected roadways. Conservation GOAL 6.1.: The natural resource of the City of Palm Beach Gardens shall be preserved or managed Date Prepared: February 5, 2003 Ordinance 6, 2003 Page 5 of 8 in a manner which maximizes their protection, functions, and values. Objective 6.1.5.: The City shall continue to maintain land development regulations to ensure that all ecological communities, wildlife, and marine life, especially endangered and rare species, are identified, managed, and protected. Policy 6.1.5.1.: The City's land development regulations will continue to ensure that: a. All endangered and threatened plant, animal and marine populations are protected; b. Habitat of critical value to regional populations of endangered and threatened species is preserved; C. Nuisance and invasive exotic vegetation (i.e. Brazilian Pepper and Melaleuca) is removed by the developer at the time of development or redevelopment of a site; and d. Removal of native vegetation is minimized in the land development process; and, where it is economically feasible, removed material is relocated on site. e Environmental Assessments are provided for any land development /alteration proposal or properties containing environmentally sensitive lands. Policy 6.1.5.4: The City shall maintain land development regulations containing specific standards and guidelines for the protection of environmentally sensitive lands containing one or more of the following: a. A habitat of critical value to regional populations of threatened and endangered species; b. A rare and unique upland community such as coastal scrub; C. Functioning and jurisdictional wetlands and deepwater habitats; d. Any part of the Loxahatchee Slough Sanctuary; e. Sites of historical or archaeological significance; f. Xeric hammock or xeric scrub; g. Tropical hammock; h. Low hammock, temperate hammock, or mesic hammock; i. Mixed hardwood swamp or hydric hammock; Pond apple slough; Date Prepared: February 5, 2003 Ordinance 6, 2003 Page 6 of 8 k.. Cypress swamp; 1. Freshwater marsh; M. Mangrove swamp; n. Oak forest; o. Pine flatwoods, mesic and hydric; p. Scrubby flatwoods; q. Coastal dune and strand; r. Wet prairie; Native habitats other than those listed above may also be designated as environmentally significant if they are actively used by or likely to support or contain U.S.- listed endangered, or threatened species and/or state listed endangered or threatened species, or species of special concern. The land -use amendment provides for a less intensive impact from permitted development. The residential use and community- serving non - residential uses are more compatible with the establishment of required preservation and environmentally sensitive areas on -site. A residential mixed -use community would be a more compatible use as opposed to a high intensity general commercial use, which would generate more traffic, less open space, and diminish water and air quality. 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 site is currently heavily wooded with predominantly native upland plant species. Very little exotic and nuisance plant species have invaded the ecosystem of the site. The applicant will be required to set aside 25% of the viable upland on the site during the development approval process. MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND -USE DESIGNATION: The maximum development potential allowed under the existing land -use designation of Commercial and limited by the Forbearance Agreement to .25 FAR (Floor Area Ratio) is 89,080 Date Prepared: February 5, 2003 Ordinance 6, 2003 Page 7 of 8 square feet of office. The potential impacts of development under the existing land -use designation are as follows: POTENTIAL IMPACTS UNDER EXISTING LAND -USE OF COMMERCIAL Max. Max. External Recreation/ Sanitary Potable Solid Development Density/Intensity Trip Parks Sewer Water Waste Potential 89,080 sq. ft. of .25 FAR 3,601 Daily N/A Adequate Adequate Adequate commercial/ allocation trips capacity capacity capacity retails ace .25 FAR MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE DESIGNATION: The maximum development potential that is allowed under the proposed 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 8.18 acres, various percentage maximums for land allocation and lot coverage (found in Policy 1.1.1.3. of the City's Comprehensive Plan), and the intensity limitation to .25 FAR in the Forbearance Agreement. The potential impacts of development under the proposed land -use designation are as follows: POTENTIAL IMPACTS UNDER PROPOSED LAND -USE OF MIXED -USE (RESIDENTIAL) Max. Max. External Recreation/ Sanitary Potable Solid Development Density/Intensity Trip Parks Sewer Water Waste Potential 53,448 sq. ft. of 7.5% Land 2,537 Daily N/A Adequate Adequate Adequate commercial allocation trips capacity capacity capacity use .25 FAR 11,135 sq. ft. of 7.5% Land 210 Daily N/A Adequate Adequate Adequate professional allocation trips capacity capacity capacity office use .25 FAR 12 units of 60% Land allocation 76 Daily trips N/A Adequate Adequate Adequate residential 15 dwelling units capacity capacity capacity high use per acre TOTAL = -- 2,823 Daily -- -- -- __ 64,583 square trips feet and 12 du The trip generation analysis reflects that there will be a net DECREASE of 778 external trips. 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. Date Prepared: February 5, 2003 Ordinance 6, 2003 Page 8 of 8 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. Staff has also forwarded a copy of the proposed amendment to the Town of Jupiter and has received no objections. STAFF COMMENTS: The proposed land -use map designation of Mixed -Use is compatible with the surrounding land - uses of adjacent properties and with the City's Vision Plan. The property is also suitable for the proposed land -use change. The traffic analysis submitted by the applicant does not reflect significant impacts that would result in lowering the adopted LOS of any affected roadway segment. LOCAL PLANNING AGENCY RECOMMENDATION On November 26, 2002, the Planning & Zoning Commission, sitting as the Local Planning Agency, recommended approval of the proposed amendment with a vote of 6 -0. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 6, 2003. Date Prepared: February 5, 2003 ORDINANCE 6, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR A SMALL SCALE LAND USE MAP AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BY CHANGING THE LAND - USE DESIGNATION ON APPROXIMATELY 8.18 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF CENTRAL BOULEVARD AND DONALD ROSS ROAD, FROM COMMERCIAL (C) TO MIXED -USE (MXD); PROVIDING FOR ADOPTION; 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- 02 -01) from Don Hearing of Cotleur Hearing, on behalf of Centex Homes, for a small -scale land -use map amendment to change the current land -use designation of a 8.18 -acre parcel located at the southwest corner of Central Boulevard and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto, from Commercial to Mixed -Use; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, on November 26, 2002, 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 City's Comprehensive Plan; 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; 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 has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. Date Prepared: February 5, 2003 Ordinance 6, 2003 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED 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 Ordinance upon adoption hereof. SECTION 2. The Future Land Use Map of the Comprehensive Plan of the City of Palm Beach Gardens is hereby amended to change the future land -use designation for approximately 8.18 acres of land located on the southwest corner of the intersection of Donald Ross Road and Central Boulevard, more particularly described in Exhibit "A" attached hereto and incorporated herein, from Commercial (C) to Mixed -Use (MYD). SECTION 3. 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(1)(c) 2.b. Florida Statutes. SECTION 4. 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 5. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 6. In accordance with Section 163.3187(3)(c), Florida Statutes, the effective date of this ordinance shall be the date a final order is issued by the Department of Community Affairs or the Administration Commission finding the subject amendment is in compliance. [This area intentionally left blank] Date Prepared: February 5, 2003 Ordinance 6, 2003 Page 3 of 4 PLACED ON FIRST READING THE DAY OF 2003. PLACED ON SECOND READING THIS DAY OF 2003. PASSED AND ADOPTED THIS DAY OF 2003. SIGNED: MAYOR JABLIN COUNCILMEMBER CLARK VICE MAYOR SABATELLO COUNCILMEMBER RUSSO COUNCILMEMEBER DELGADO I HEREBY CERTIFY that I have ATTEST: approved this ORDINANCE as to form. PATRICIA SNIDER, CITY CLERK LEONARD RUBIN CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO EXHIBIT A PARCEL 4.01 Date Prepared: February 5, 2003 Ordinance 6, 2003 Page 4 of 4 A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF DONALD ROSS ROAD AND THE WEST RIGHT OF WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH 00.48'04" WEST, ALONG SAID WEST RIGHT OF WAY LINE, (THE WEST RIGHT OF WAY LINE OF CENTRAL BOULEVARD IS ASSUMED TO BEAR SOUTH 00948'04" WEST AND ALL OTHER BEARINGS REFERENCED HEREIN ARE RELATIVE THERETO), A DISTANCE OF 491.30 FEET; THENCE SOUTH 00.48'04" WEST, A DISTANCE OF 347.64 FEET TO SAID RIGHT OF WAY'S INTERSECTION WITH A NON- TANGENT CURVE HAVING A RADIAL BEARING OF NORTH 04.41'11" EAST. A RADIUS OF 840.06 FEET, AND A CENTRAL ANGLE OF 55.12102 "; THENCE PROCEED WESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 809.34 FEET TO THE END OF SAID CURVE; THENCE SOUTH 89.50'06" EAST, A DISTANCE OF 223.01 FEET; THENCE NORTH 01.20'37" EAST; A DISTANCE OF 359.66 FEET; THENCE NORTH 010 20137" EAST, A DISTANCE OF -65.43 FEET; THENCE SOUTH 89.50'06" EAST A DISTANCE OF 436.80 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCHBED PARCEL; LESS AND EXCEPTING THEREFROM THAT CERTAIN RIGHT OF WAY DESCRIBED IN OFFICIAL RECORDS BOOK 9567, PAGE 761, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. a -- - - - ----------------- _ - - - -- i---- - - - - -I 1 SUBJECT 11 g Y• J7����iriiiyJ) m2° I I -" jlwA il/4 ds fn��1J�.�' rxY Y h�a lilt 11 it II 11 II � II 1/ rl II II 1 I; I1 11 :1 1: 11 11 II o •_ r: t I. t { � b � f} � C lfll �� i f Ile 11 zi' TNV.!'YI/C' f n I :ell } II If Y i •11 I II 1= ri IP-M s 0_1 I.. I i I �1I :� KELLY PROPERTY COMIPREMENSIVfAiM RMENDMENT TRAF01C. iNALYSIS Prepared for CENTEX HOMES, INC. Prepared by PINDER TROUTMFiN CONSULTING, INC. 2324 South Congress Fvenue, Suite 1H West Palm Beach, FL 33406 (561) 434 -1644 #PTC01 -191 December 21, 2001 March 21, 2002 PTC�. KELLY PROPERTY COMPREHENSIVE PLAN AMENDMENT ANALYSIS Introduction It is proposed to change the land use designation from Commercial to Mixed Use (MXD) on an 8.18 -acre site located within the City of Palm Beach Gardens. The site is located in the southwest quadrant of the Donald Ross Road / Central Boulevard intersection, as shown on Exhibit 1. Access to the site will be via proposed driveway connections to both Donald Ross Road and Central Boulevard. The purpose of this analysis is to determine if the proposed land use designation is consistent with the Transportation Element of the local Comprehensive Plan. The Comprehensive Plan requires an analysis of existing traffic conditions and Year 2025 conditions. Traffic Circulation Element Trip Generation Section 10.8 of the Palm Beach County Unified Land Development Code, Fair Share Road Impact Fees was the sole source of daily trip generation data utilized in this study. Daily trips generated by the maximum intensity development associated with existing and proposed land use designations are shown on Exhibit 2. As required, the trip generation of the maximum allowable intensity has been analyzed. The proposed land use designation will result in a substantial reduction in the trip generation potential of the site. Therefore, no additional analysis is required. Report O1 -191 12 -21 -01 1 Mass Transit Element Mass Transit Provider and Facilities Mass Transit service is available along PGA Boulevard. Conclusions This analysis shows that the proposed land use designation is consistent with the Transportation Element of the Comprehensive Plan. Report 01 -191 12 -21 -01 EXHIBITS PARCEL 4.01 12/20/01 PROJECT EXHIBIT �TC OCATION I r- N N r fT O Q � O CV - M NM r ro CL qi a r O w g a a E V C �M a c a E V C O L N C QJ U � V � W a- �O N r- N .t v Z v Z F; a � O � to < Ln r O E a E :3 % E Z ro � o c m 0& r-- N C) N o Z.d NM� M 4a S. Z � O O M O O CO vi Otn CO M ' r-- r M to Ln _rn rn rn E LO O 0 o 0 in c- p O O M 11 N N iC to C �+ F. Ol to r C h ^ M N O to O to H r tT c0 OD Q. N N O O � %D t� t to o p`f to + M + X X a7 J c td M CO d O O U II II J J M to to to C M '- r. N C of m co N N tn W .0 p c ro � g J ro � C N � — N OC �r- �O N r- N .t v Z v Z F; a � O � to < Ln r O E a E :3 % E Z ro � o c m 0& C N cnN N L Q O C: fu fu U. L W L W V O fu L. L D U CIO J J N N Q 6 -6 y I % W JS E Z E m LAND Land P anning DESIGN Landscape Architecture Enviror mental Consultation SOUTH561. 478 -&501 • FAX 561 -478 -5012 • congre,, 5"nesz Cerne; - 1280 N. Congress Avenue • Suite 215 • West Palm Beach, Florkla 334r -Q December 20, 2001 Mr. Charles Wu Growth Management Director City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: PARCEL 4.01 COMPREHENSIVE LAND USE PLAN AMENDMENT Dear Mr. Wu: Please accept the enclosed as our application for a Comprehensive Plan Future Land Use Plan Amendment on behalf of Perigon Ventures, LLC. We are requesting to redesignate approximately 8.18 acres of land (Parcel 4.01) at the southwest corner of Donald Ross Road and Central Boulevard from the existing Future Land Use Plan designation of Commercial (C ) to Mixed Use (MXD). The materials being submitted today consist of the following: 1) Filing fee check totaling $3,000.00 ($1,500 Comprehensive Plan Land Use Map amendment application fee + $1,500 engineering escrow deposit) 2) Three (3) copies of a Development Application form and responses to the Application for the Future Land Use Plan Application, including the necessary attachments. In addition to the Comprehensive Land Use Plan Amendment, the applicant is requesting concurrent rezoning and site plan reviews. Please contact our office when the determination has been made if this is possible. We trust that this meets the requirements of the City of Palm Beach Gardens. Should you have any questions or require anything else, please do not hesitate to contact me. Sincerely, Land Design South Jennifer L. Morton Director Cc: Mike Nisenbaum LIST OF ATTACHMENTS A. City of Palm Beach Gardens Development Application B. Survey & Legal Description C. Property Owners Listing D. Traffic Study E. Market Study F. Land Use Map G. Zoning Map H. Aerial Map I. Environmental Assessment J. Historical & Archaeological Resources letter K. Warranty Deed NL/`lki ";nx1. -; U...v,�I, i- LLi' l . PARCELS 4.01 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: Traffic Pinder Troutman Consulting, Inc. Contact: Kahart Pinder 2324 South Congress Avenue, Suite 1H West Palm Beach, Florida 33406 (561) 434 -1644 Survey Lidberg Land Surveying, Inc. Contact: David Lidberg 675 West Indiantown Road, Suite 200 Jupiter, Florida 33458 (561) 746 -8454 Market Study Land Research Management, Inc. Jim Fleischmann 1300 N. Congress Ave., Suite C West Palm Beach, FL 33409 (561) 686 -2481 FUTURE LAND USE PLAN MAP AMENDMENT MAPS 1. An 8 1/2" X 11" map of the subject area drawn to scale in miles, shading in the subject property. Attachment H 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. Attachment H and Attachment F 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. Attachment F REPORTS 1 . Size of the site in acres or fractions thereof.. Parcels 4.01 Site Area = approximately 8.18 acres 2. Description of existing land uses (not designations) of subject property and surrounding properties. Existing Use of Subject Property: • Vacant Existing Use of Surrounding Properties: • North: Abacoa DRI — (Jupiter) • South: Vacant land — (Palm Beach Gardens) • East: Central Boulevard and vacant land (Palm Beach Gardens) • West: FPL substation (Palm Beach Gardens) 3. A narrative that summarizes: a) The maximum allowable development under the existing designation for the site: The existing Land Use Plan designation for the 8.18 acres is Commercial. Assuming a .25 FAR, the maximum allowable development would be 89,298 square feet of commercial area. b) The maximum allowable development under the proposed designation for the site: The proposed Future Land Use Plan designation for the 8.18 acre site is Mixed Use. Assuming a land allocation of 25% Open Space, 60% Residential High, 7.5% of Neighborhood Commercial and 7.5 % of Employment Center, the maximum development that could be allowed is 122 residential units, 9,353 square feet of neighborhood commercial and 9,353 square feet of employment center. The applicant reserves the right to have less than the above at the time of site plan approval. C) A description of the proposed use and information on its compatibility with the surrounding area. The applicant intends to develop a mixed use development, which may incorporate residential, retail and office uses. To the north, is the Abacoa DRI, which is a mixed use development composed of a variety of residential and commercial uses. To the east, across Central Boulevard, is a vacant piece of land which has a zoning designation of Planned Development Area (PDA). The parcel has two future land use designations of Mixed Use (MXD) and Commercial (COM). To the south is Parcel 4.10, which has a Future Land Use designation of Mixed Use (MXD) with a PDA zoning designation. To the west is a FPL Substation, which has a P/I (Public/Institutional) zoning designation and a Future Land Use designation of Mixed Use (MXD). 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 8.18 acres requested to be redesignated from a Commercially- designated property to the (MXD) Mixed Use Future Land Use category. The parcel is an irregular shaped site with frontage on both Donald Ross Road and Central Boulevard. Donald Ross Road is a major arterial with connection to I -95 to the west and Military Trail to the east. The Palm Beach Gardens Comprehensive Plan states the following minimum criteria for sites designated as Mixed Use Developments. 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. The developer shall comply with -the land development regulations for Planned Community District or Planned Unit Development as part of the site plan approval process. 2) MXDs shall have frontage on at least one arterial. The subject property has frontage on two arterials, Donald Ross Road and Central Boulevard. 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. No single use may comprise more than 60% of the area. The proposed Mixed Use District includes of three (3) of the Future Land Use Categories described in the element and the residential component does not comprise more that 60% of the area. 3B) General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs. Land Use Land Allocation Lot Coverage Height Open Space Min 15% Neighborhood Min 2% Max 70% Max 4 FL Commercial Max 30% Residential High Min 20% Max 50% Max 4 FL Max 60% Residential Low Min 0% Max 50% Max 4 FL Max 60% Employment Min 2% Max 70% Max 4 FL Center Max 30% The proposed development meets all of the above referenced criteria and has land allocations of 25% Open Space, 60% Residential High, 7.5% of Neighborhood Commercial and 7.5 % of Employment Center. The properties to the north, west and south all have Future Land Use Designations of AM or Mixed Use. To the immediate east of the subject property is a vacant tract with frontage on Central Boulevard with a two Future Land Use Designations, MXD and Commercial. The physical characteristics of the subject site make it conducive to mixed use development. 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, sanitan 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 analrZed br Pinder Troutman Consulting, Inc. Please see Attachment D. Sanitary Sewer: 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 - Commercial (C) -818 acres 32.14 gallons per day based on equivalent commercial connection for the maximum of 89,298 square feet of commercial use. Proposed Land Use Designation - Mixed Use (AM) — 8.18 acres 1) Residential = 31,330 gallons per day based on a maximum of 122 residential units (122 units x 2.4 persons per unit x 107 gallons per day per capita) 2) 6.73 gallons per day based on equivalent commercial connection for the maximum of 9,353 square feet of neighborhood commercial use and 9,353 square feet of employment center 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 - Commercial (C) -818 acres 32.14 gallons per day based on equivalent commercial connection for the maximum of 89,298 square feet of commercial use. Proposed Land Use Designation - Mixed Use (MW) — 818 acres 1) 55,925 gallons per day based on a maximum of 122 residential units (122 units x 2.4 persons per unit x 191 gallons per day per capita) 2) 6.73 gallons per day based on equivalent commercial connection for the maximum of 9,353 square feet of neighborhood commercial use and 9,353 square feet of employment center use. Drainage: The Cibv s Comprehensive Plan provides for the flowing standards: Drainage LOS - Comprehensive Plan Existing Development - I- 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 1- day /25 -year storm event. 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 — Commercial (C) — 818 acres 1,346 pounds per day for 89,298 square feet of commercial use, based on SWA estimate of 5.5 lbs. per square foot per year x 89,298 sf. /365 days =1,346 pounds per day Proposed Land Use Designation — Mixed Use (MXD) — 818 acres 1) 2,087.7 pounds per day for 122 dwelling units (122 units x 2.4 persons per unit x 7.13 lbs. per day per capita). 2) 281.87 pounds per day for 9,353 square feet of neighborhood commercial use, and for 9,353 square feet of employment center. SWA estimate of 5.5 lbs. per square foot per year x 18,706 sf. /365 days = 281.87 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 Future Land Use Designation - Commercial -818 acres No impact. Proposed Land Use Designation - Mixed Use (AM) - 818 acres 1.02 acres needed to meet the City's LOS of 3.5 acres per 1000 residents for the estimated 2.4 persons per unit, per 122 dwelling units. 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, which is part of the Environmental Assessment. Please see Attachment L Topography including flood -prone areas- A Topographic/Soil Map and Flood prone Areas Map are included in Attachment L Natural Resources: Please see Environmental Assessment in Attachment L Historic Resources: There are no known historic resources on the subject property. A letter from PBC is located in Attachment J. 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. 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 SSS acres of additional residential land will he 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 proposed Future Land Use Plan designation (MXD) Mixed Use would allow for a maximum of 122 dwelling units, which would result in an estimated population increase of 293 persons for the subject site. 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 (MXD) Mixed Use Commercial. It will provide housing for approximately• 293 additional persons. This is consistent with the City's Comprehensive Plan estimates of population for Palm Beach Gardens. 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. The subject property is not within a Traffic Evacuation Zone as described within the Coastal Management Element of the Comprehensive Plan. The primary shelter for this subject site will be the adjacent William T. Dwyer High School, which has a capacity for 2,000 people. The subject is also within close proximity of two other secondary shelter sites: Duncan Middle School and Timber Trace Elementary School. 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). Please see Attachment I for Environmental Assessment. 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. 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, mileage 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 studv 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) Please see Attachment E for Market Study. 16. Information regarding the compatibility of the proposed land use amendment «'ith 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, Obiective l.l.l Policies 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, Obiective 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. Please see Attachment I for the Environmental Assessment, which incorporates soil and topography information. Goal 1. 1, Obiective 1.1A., Policies 1.1.4.1 through 1.1.4.5 required adequate public facilities are available to service the proposed development. No significant changes to 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. Goal I.1, Obiective 1. 1.5, Policies 1 1.5.5 through 1 1.5.6 requires future growth to be directed to areas as depicted on the Future Land Use map, consistent with sound planning principals, natural limitations, the Comprehensive Plan, and desired community character. Policy 1.1.5.6 directs the City to review, and revise, where necessary, land development regulations requiring subdivisions to be designed so that all individual lots have access to the internal street system, and lots along the periphery are buffered from major roads and incompatible land uses. The proposed development will incorporate the applicable land development regulations for subdivisions. TRAFFIC CIRCULATION ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 2.1, Obiective 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 Attachment D for traffic analysis prepared by Pinder Troutman Consulting, Inc which analyzes the traffic effect this project will have on the road network. HOUSING ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 3.1, Obiective 3 1 1 Policies 3.1.1.1, 3.1.113 & 3.1 i.4 require the City to assist the private sector in meeting the housing needs of the anticipated populations of the City by encouraging a variety of housing types, costs and sizes. The proposed development will provide additional housing which will be located in close proximity to existing major thoroughfares and infrastructure. INFRASTRUCTURE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 4.A.1 Obiective 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 4.13.1 Objective 4 D 1 ] Policy 4 D l ] 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.D.1 Obiective 4.D.1.5 Policies 4.D.1.5.1 through 4.13.1.5.3 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.D.2 Obiective 4.D.2.1 Policies 4.D.2.1.1 and 4.D.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 Obiective 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 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, Obiective 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 he consistent with these goals, objectives and policies. CONSERVATION ELEMIENT GOALS, OBJECTIVES AND POLICIES: Goal 6.1., Obiective 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. Please see Attachment I for the Environmental Assessment Goal 6.1, Obiective 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, Obiective 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 maintain 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 trafficways wherever possible. Preservation and open space will be incorporated into the design in order to achieve the Cin_ •'s minimum open space requirements as specified in the land development regulations. RECREATION AND OPEN SPACE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 7. 1, Obiective 7 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 Future Land Use Plan designation (.4M) Mixed Use would allow for a maximum of 122 dwelling units, which would result in an estimated population increase of 293 persons for the subject site. This would result in an additional 1.03 acres needed for parks. According to Comprehensive Plan projections for 2000, 149.4 acres are currently required, while 166.9 acres are available. The additional 1.03 acres needed for this project will result in a total of 150.43 acres needed. Since 166.9 acres are available, this project will not negatively impact passive and recreational facilities. INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES: 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, minimize the use of existing facilities and promote orderly, compact development. The proposed development is located within the Urban Service Boundary and represents a logical extension of facilities and services. Goal 9.1 Objective 9.1.2 Policies 9.1.2.1 throulih 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 throu2h 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. PUBLIC SAFETY ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 10. 1. Obiective 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 of impact fees for police and fire protection as specified in the City's land development regulations. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 5, 2003 Meeting Date: February 20, 2003 Ordinance 7, 2003 Subject /Agenda Item: Ordinance 7, 2003 - PUD -02 -04 Legends at the Gardens First Reading: A request by Cotleur and Hearing, as agent for Centex Homes, for a property rezoning from Planned Development Area (PDA) to Mixed Use Planned Unit Development (MXD/PUD) to allow for the development of 19,375 square feet of professional office use, 19,375 square feet of retail space, and 186 dwelling units on 21.72 acres of land. The site is located at the southwest corner of the intersection of Central Boulevard and Donald Ross Road. [ X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA P &Z Commission Growth Management: Action: Principal Planner Talal Benothman, Project Costs: $ NA Total Approved [ ] pp [ ] App. w/ conditions City Attorney Manager WA [ ] Denied Len Rubin Kara Irwin $ NA [ ] Rec. approval Senior Planner Current FY [ ] Rec. app. w/ conds. Development Compliance [ ] Rec. Denial Bahareh K. Wolfs, AICP Funding Source: [ ] Continued to: Attachments: Advertised: [ ]Operating Growt na melt . V` v� Date: [X] Other NA • Table 1 Direct Paper: • Table 2 Charles K. Wu, AICP . Waiver Justification [X] Not Required Budget Acct. #: • Preserve Area Approved by- Management Plans City Mana er • Master Plan Affected parties: Ronald M. Fe is [ ] Notified • Landscape Plan [X] Not Required . Elevations [ ] None Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 2 of 10 BACKGROUND The 21.72 -acre subject site is comprised of two separate parcels (4.01 and 4.10) that have separate future land -use designations. Parcel 4.01 (located at the southwest corner of Donald Ross Road and Central Boulevard) is the subject of a comprehensive plan future land -use map amendment to convert the approximately 8.18 -acre site from Commercial (C) designation to Mixed -Use (MXD) (Ordinance 6, 2003). Parcel 4.10 (adjacent to Parcel 4.01) consists of approximately 13.54 acres, and is designated Mixed -Use (MXD) on the City's Future Land Use Map. The site is bounded by Jupiter's Abacoa Mixed Use Development of Regional Impact (DRI) to the north, the approved Benjamin High School Planned Unit Development (PUD) to the south, vacant property to the west, and the proposed Donald Ross Village PUD mixed -use development to the east. The site consists of unimproved land with mainly upland vegetation. The site is subject to the Forbearance Agreement entered into between the City and major landowners who purchased land from the MacArthur Foundation during the divestiture. LAND USE AND ZONING The parcel 4.10 (13.53 -acre) site is currently zoned Planned Development Area (PDA), has a future land -use designation of Mixed -Use (MXD), and is designated Residential Medium (RM) on the Vision Plan. The northeast corner of the site (parcel 4.01 — 8.18- acres) has a future land -use designation of Commercial (C), which the applicant is proposing to change to Mixed -Use (MXD). The applicant wishes to rezone both parcels to a Mixed -Use Planned Unit Development (PUD) Overlay. The proposed development is consistent with the future land -use designation of Mixed -Use (MXD), as identified in the City's Comprehensive Plan. CONCURRENCY The City of Palm Beach Gardens issued the applicant conditional concurrency approval for a proposed development plan of 172,890 square feet of commercial retail on August 27, 2002. The build -out date for the project is December 31, 2004. Pursuant to Section 78 -61 of the Land Development Regulations, the applicant shall be required to apply for a time extension for any portion of the project that is not completed by this date. The applicant is required to submit a Traffic Impact Equivalency Analysis, which shows the proposed residential, retail, and office uses are equivalent to the retail land uses conditionally approved for concurrency. A condition of approval has been included in the development order that requires the developer to submit an equivalency request for the approved project and remove the excess trips from the system. Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 3 of 10 PROJECT DETAILS Buildinz Site The building site totals approximately 21.72 acres. The proposed plan will create 186 multi - family homes, a cabana pool house, a swimming pool, and a two -story commercial/office building. The commercial building will include 19,375 square feet of retail use on the first floor, and 19,375 square feet of professional office use on the second floor. The two -story building provides for vertical integration of commercial and professional office uses. The entire site will be horizontally integrated by way of pedestrian connections from the retail/office use to the multi - family residential use and associated amenity areas. Multi - Family Development There will be two building types on site: an 8 -unit building and a 10 -unit building. The applicant is proposing seventeen 8 -unit buildings on site, six of which are situated around the central lake. The remaining five buildings are 10 -unit buildings, which are mainly situated at the entry to the residential development. Site amenities include a pool area and cabana, bicycle parking, a central lake feature and a cohesive pedestrian circulation system. The residential homes are organized around the central 1.58 -acre lake with a pedestrian pathway provided for connectivity. A 100 -foot wide parkway buffer and native upland preserve area is proposed along the east boundary and a portion of the north boundary adjacent to Donald Ross Road. The units will be sold as fee simple condos, which the applicant is proposing to market as "attainable housing." The applicant has indicated that the units will be marketed in the low to mid 100,000 - dollar range. Sitp. ACCPR.0 Access to the site is available from an entrance off of Central Boulevard. The entrance leads to a roundabout that provides access to the commercial building parking area and the gated entrance to the residential community. The project also has an elaborate pedestrian system throughout the site. Although the gated entrance is not preferred in a mixed -use community, pedestrian access /connections between the two portions of the PUD are provided. The applicant is also proposing an additional right turn access point off of Donald Ross Road for the commercial portion of the PUD. Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 4 of 10 Since A 6'1 ", H X 16' W proj ect identification ground sign is being proposed in the median of the entrance to the site along Central Boulevard. Landscaping /Buffering The applicant shall be responsible for the landscaping, irrigation, and maintenance of the roadway shoulders and medians on Central Boulevard and Donald Ross Road. The homeowner association documents shall provide language providing for the long -term maintenance responsibility, per condition of approval. The applicant is proposing landscape buffers in excess of what is required by the Land Development Regulations. The buffers adjacent to Central Boulevard (eastern boundary) and Donald Ross Road (northern boundary) are 100 feet in width and incorporate landscape buffers and preserve areas. The southern property boundary includes the EPB 3A canal. The applicant is prohibited from placing landscaping within the lake maintenance easement surrounding the canal as well as within 75' of drainage outfall pipes in order to avoid future problems with roots of vegetation impacting the infrastructure. The lack of buffer landscaping opens up the southern boundary to the rear of the multi - family buildings, which is adjacent to the Benjamin High School Planned Unit Development Site. Environmental Issues The applicant is required to provide 5.28 acres (25 %) of upland preserve on site. The applicant is providing 2.49 acres on site, and is proposing off -site mitigation for the deficient acres (2.79 acres) of preserve on the 3.47 -acre parcel of land referred to as the "Sandtree" lot. The site is located within the Sandtree PUD just east of Interstate 95 and south ofNorthlake Boulevard off of Sandtree Drive and will require restoration in order to meet the upland preservation requirement. The applicant has submitted a Preserve Area Management Plan for the on -site upland area and the Sandtree PUD site. The proposed site for mitigation will be dedicated to the Sandtree Homeowner's Association for management and maintenance. As part of the developer's agreement with the Homeowner's Association, a portion of the parcel will be used for drainage purposes, which has been an outstanding issue in the Sandtree PUD. Currently, the property is subdivided into buildable lots, but this agreement will require the re- platting of these lots, so that they could no longer be built on within the development. The proposed mitigation is decreasing the density in the Sandtree PUD, providing a solution to a long standing drainage problem within the PUD, and providing open space east of Interstate 95 within Palm Beach Gardens. Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 5 of 10 Phasin The proposed residential portion will be built in one phase. The property owner, Centex Homes, is proposing to market /sell the commercial/office portion of the development since Centex Homes develops residential projects only. The applicant is seeking approval for the commercial footprint and conceptual elevations and any future modification will require a major amendment to the Planned Unit Development. Drainage The surface water management system will be under the jurisdiction of the South Florida Water Management District (SFWMD) and Northern Palm Beach County Improvement District (NPBCID). An on -site lake will be created to provide surface storage and water quality enhancement and will connect directly to the EPB 3A canal on the south side of the property. The on -site drainage system will consist of a series of catch basins and pipes, which will direct runoff to the on -site lake. Parking The City Code requires one space per bedroom plus an additional 5% for guest parking for a total residential parking requirement of 458 parking spaces. The applicant is proposing 437 bedrooms and is providing 459 parking spaces, 22 of which are for required guest parking. The applicant is requesting a waiver to allow nine (9) foot wide spaces within the residential portion of the development. The commercial building requires a total of 143 parking spaces for the combination of the proposed commercial and professional office use. The applicant has provided 143 parking spaces. Waivers Code Section Required Provided Waiver Recommendation Section 78- 154(g)(7) PUD Development Area 50 acres 21.72 acres 28.28 Support (1) Section 78 -285 Signs for Residential Maximum one Development 1 sign face 2 1 Support (2) Section 78 -344 (1)(1) Parking Stall 9' X 18.5' and Bay Dimensions 10' X 18.5' (residential) 1 foot Support (3) Section 78 -252 Upland Preserve 2.79 acres Mitigation 5.28 acres 2.49 acres (to be mitigated Support (4) off -site Section 78 -157 (f). Residential MXD Intensity Measures and Special 20% vertical 0 Provide None Support (5) Definitions integration Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 6 of 10 The applicant has requested five waivers from the Land Development Regulations. (1) The applicant has requested a waiver to the Minimum Development Area of SO acres required for a Planned Unit Development (PUD). Since the parcel is zoned Planned Development Area (PDA), the code requires the applicant to re -zone to a Planned Unit Development (PUD) or a Planned Community Development (PCD) prior to development of the site. The site cannot meet the minimum area requirements of either overlay- zoning categories; however, the site does have adequate area to develop a mixed -use project. The applicant has requested to re -zone the parcel to meet the requirements of the City Code; therefore, Planning and Zoning staff supports the waiver request. (2) The applicant has requested a waiver from the maximum one (1) sign face allowed for a residential development to allow for two (2) sign faces on a double -sided sign at the entranceway. The City Code does not allow for a double -faced sign, which the applicant is proposing at the proposed entryway. The proposed signage provides notice to northbound traffic, as well as southbound, of the project's entryway. Planning and Zoning staff supports the request, since the applicant has provided excessive buffers along the adjacent roadways. (3) The applicant has requested a waiver from the minimum parking stall width requirement of ten (10) feet to allow for nine (9) foot parking stalls. The code specifically requires a ratio of 1.5 square feet of additional open space for each square foot of parking area that is reduced. The applicant has provided the calculations to demonstrate the justification for the waiver. (4) The applicant has requested a waiver from the required 25% upland preservation on site. The applicant is proposing off -site mitigation for the deficient acreage of preserve on the 3.47 -acre parcel of land referred to as the "Sand tree" lot. The site will require restoration in order to meet the upland preservation requirement. Staff supports the waiver for the off -site mitigation since the applicant has made a concerted effort to meet the upland preservation requirement on site, which is consistent with the direction of the City Council. (5) Lastly, the applicant has requested a waiver from the required minimum vertical integration of residential high use, to allow for non - vertical integration of housing from non - residential structures. The code requires that a minimum amount of the required residential component within a Mixed -Use PUD be located above the ground floor of a non - residential use. Staff is recommending approval of the waiver request for the non - vertical integration of residential uses with non - residential uses. The applicant has demonstrated sufficient internal horizontal integration of the site, including plazas, open space, and pedestrian walkways connecting the various uses. The Planned Unit Development approval allows for the granting of waivers by the City Council in exchange for increased development standards. The City Council may recommend additional aesthetic improvements or development requirements of the applicant in exchange for the approval of the requested waivers. The applicant's justification statement (attached) is adequate. Accordingly, staff supports the Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 7 of 10 requested waivers. LAND ALLOCATION PUD- 02 -04: Legends at the Gardens Non - Residential MXD PUD: Total Acrea a 21.72 acres USE PROPOSED REQUIRED CONSISTENT? OPEN SPACE % Acres / S . foot Land allocation 29.55% 6.42 15% / 3.26 acres Yes Lot coverage N/R N/R N/R N/R COMMERCIAL/ OFFICE Land allocation 10.45% 2.27 0% min / 60% max Yes Lot coverage 39.2% 38,750 50% maximum Yes RESIDENTIAL HIGH* Land allocation 60% 13.03 20 %min / 60% max Yes Lot coverage 19.78% 4.30 50% maximum Yes ACREAGE 21.72 Preserve and lake ** 5.33 TOTAL ACREAGE 21.72 Yes * The applicant has requested a residential waiver for lack of vertical residential integration. ** This land allocation is already included as part of open space calculation. Communi DesiZn The residential and commercial buildings will be similar in design. The applicant has provided four - sided architectural detail on the commercial building and the multi - family buildings, which is required for mixed -use development. The buildings are Mediterranean in design with barrel tile roofs. Master Site Plan The commercial building and the residential development share an access off of Central Boulevard. The two -story commercial building is oriented towards the corner of the intersection of Central Boulevard and Donald Ross Road. The site is buffered by a 100 -foot landscape easement and upland preserve area. Pedestrian Linkages The site includes cohesive pedestrian circulation system. Pedestrian connectivity is promoted throughout the residential portion of the development with lakeside walks and interconnectivity Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 8 of 10 between buildings and to site amenities and open space areas. Pedestrian connectivity is further enhanced between the residential and the non - residential areas of the site and to the Central Boulevard through sidewalk and pathway connections.. Although the area between the commercial portion and residential portion of the site is open, the applicant is proposing to include gated pedestrian pathways between the entrance to the multi - family development and the commercial area. CPTED Com lip ance Crime Prevention Through Environmental Design (OPTED) is a branch of situational crime prevention, which has its basic premise that the physical environment can be changed or managed to produce behavioral effects that will reduce the incident and fear of crime. The Police Department has reviewed the master site plan and has provided staff with several comments pertaining to security on site and adherence to the principles of Crime Prevention Through Environmental Design ( CPTED). City EntrywaLSign Since the parcel is located at the northern boundary of the City of Palm Beach Gardens, it is the City's intention to locate a City entryway sign at the northeastern corner of the site, which is located at the intersection of Donald Ross Road and Central Boulevard. Currently, the City has not made a final determination on the location and design of the signage, so a condition of approval has been included requiring the applicant to install the signage once the location of the signage and the design are finalized by City Council. Concurrence Equivalency In addition, an equivalency must be submitted for the proposed mixed -use development in order to revise the concurrency approval. The applicant would like to wait until a formal motion has been made on the project before forfeiting the additional trips. Since the applicant is proposing to develop the parcel at a lower intensity than the approved concurrency, staff will not object to the applicant moving forward to the City Council for review. Staff has included a condition of approval requiring the applicant to provide the equivalency statement within 30 days of approval. PLANNING & ZONING COMMISSION RECOMMENDATION At an advertised public hearing on November 26, 2002, the Planning & Zoning Commission recommended approval of the project to City Council on a 5 to 1 vote, with Commissioner Channing dissenting. Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 9 of 10 STAFF RECOMMENDATION Staff recommends approval of Ordinance 7, 2003. EXIST EXISTING USE G Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 10 of 10 LAND USE Subject Property Vacant/Undeveloped Planned Development Area (PDA) Mixed -Use (MXD) North Abacoa Mixed -Use DRI Mixed -Use (MXD) Mixed -Use (MXD) Town of Jupiter) Town of Jupiter) South Vacant/Undeveloped Public / Institutional (PI) Residential — Low Density (RL) High h Sc hoo ol PUD Sc Future Benjamin Hi West Planned Development Area (PDA) Residential — Low Density (RL) Vacant/Undeveloped East Vacant Planned Development Area (PDA) Mixed -Use (MXD) Commercial (C) TABLE 2 1, k CONSISTENCY WITH THE'CODE Code Requirement Proposed Plan Consistent? Site = Parcel 4.01 — Commercial Mixed -Use Planned Unit Yes (C) Development Parcel 4.10 — Mixed -Use (MXD) Maximum Residential Density 14.27 d.u. /acre Yes (MXD): 12 du/acre Minimum PCD development size: 21.72 acres No (Waiver Requested) 50 acres Unified Control: One property owner Yes One property owner Open Space: Residential 29.55% Yes Components: Minimum of 15 %- 30 %% Upland Native Plant Community 14.63% No (Waiver Requested) Preservation: Minimum of 25% identified Date Prepared: February 5, 2003 ORDINANCE 7, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FOR A REZONING OF AN APPROXIMATELY 21.72 -ACRE PARCEL OF LAND FROM PLANNED DEVELOPMENT AREA (PDA) TO A RESIDENTIAL MIXED -USE PLANNED UNIT DEVELOPMENT (PUD) OVERLAY, TO BE KNOWN AS "LEGENDS AT THE GARDENS," BY APPROVING THE CONSTRUCTION OF 19,375 SQUARE FEET OF BUSINESS OFFICE USE, 19,375 SQUARE FEET OF NEIGHBORHOOD COMMERCIAL (CN) USE, 186 MULTI - FAMILY DWELLING UNITS, AND ASSOCIATED AMENITIES, LOCATED ON THE SOUTHWEST CORNER OF DONALD ROSS ROAD AND CENTRAL BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD- 02 -01) from Cotleur Hearing, agent, for approval of a rezoning of approximately 21.72 acres of land from Planned Development Area (PDA) to a Residential Mixed -Use Planned Unit Development (PUD) Overlay to allow for the construction of 19,375 square feet of Professional/Business Office Use, 19,375 square feet of Neighborhood Commercial (CN) Use, 186 multi - family units, a pool house, a swimming pool, and a tot lot, located on the southwest corner of Donald Ross Road and Central Boulevard, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the Residential Mixed -Use Planned Unit Development (PUD) known as "Legends at the Gardens "; and WHEREAS, on November 26, 2002, the City's Planning and Zoning Commission held a public hearing and recommended approval of the rezoning and the master plan of development; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 2 of 8 interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED 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 Ordinance upon adoption hereof. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the rezoning of approximately 21.72 acres of land from Planned Development Area (PDA) to a Residential Mixed -Use Planned Unit Development (PUD) Overlay to allow for the construction of 19,375 square feet of Professional/Business Office Use, 19,375 square feet of Neighborhood Commercial (CN) Use, 186 multi - family units, a pool house, a swimming pool, and a tot lot, located on the southwest corner of Donald Ross Road and Central Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated herein. SECTION 3. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Landscaping and Maintenance 1. The applicant shall be required to submit the median and roadway shoulder beautification plans for Central Boulevard to the City for approval prior to the issuance of the first building permit for the Legends at the Gardens Planned Unit Development. (City Forester) 2. Lighting, landscaping and irrigation within medians, adjacent roadway shoulders, and pedestrian pathways for Central Boulevard and Donald Ross Road shall be installed within six months of the issuance of the first clearing permit. (City Forester) 3. The applicant shall be required to provide pedestrian scale (maximum twelve foot (12') height) lighting along the pedestrian pathways along Donald Ross Road and Central Boulevard. The lighting plan for the meandering pedestrian sidewalk within the parkway /preserve area shall be submitted within 30 days of approval. (Planning & Zoning) 4. The petitioner, successors and assigns shall be responsible for the lighting, landscape, irrigation, and maintenance of Donald Ross Road and Central Boulevard per Ordinance 36, 2002 (aka Roadway Beautification Plan). (City Forester) 5. All the PUD buffers shall be installed within six months of the issuance of the first land - clearing permit. The Growth Management Department shall inspect the supplemental planting for the preserve areas and buffers where voids in groundcover and shrubs occur in order to screen the first 6' - 8' of all structures within the project. The City Forester and Landscape Architect of Record shall work together on a plan, if necessary, to fill any voids with additional landscaping as required by the City Forester to achieve said screening. (City Forester) 6. The recreation area and entry road landscaping shall be completed prior to issuance of the Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 3 of 8 ninety -third (93) residential Certificate of Occupancy. (City Forester) 7. Prior to the issuance of the final Certificate of Occupancy, the applicant shall remove all exotic vegetation from the preserve areas. No non - native plant may be established in a preserve area. (City Forester) 8. The entry road landscaping shall be completed prior to issuance of the first residential Certificate of Occupancy. (City Forester) 9. Exhibit `B" shall be used as a guideline for the location of approximately 3.47 acres of upland preserve set aside. Prior to the issuance of any clearing permit for Parcels 4.01/4.10 (AKA Legends at the Gardens), a conservation easement shall be publicly recorded over the Sandtree PUD Plated Lots 31 through 52. Said " Sandtree PUD" conservation easement shall be dedicated to a private or public entity for maintenance responsibilities. (City Forester) 10. Prior to the issuance of any clearing permit for Parcels 4.01/4.10, the petitioner shall obtain staff's approval of the Upland Preserve Management Plan for the " Sandtree PUD" conservation easement, which shall include an upland Oak Hammock plant community restoration plan as approved by the City Forester. (City Forester) 11. Prior to the issuance of the first Certificate of Occupancy, the area contained within the " Sandtree PUD" conservation easement shall be restored to an upland Oak Hammock plant community. (City Forester) 12. Within three (3) months of the City Council's decision on the specific location and design of the City entryway sign applicable to the Legends at the Gardens PUD, the applicant shall file an administrative amendment petition with the Growth Management Department to include said entryway sign. The specific location may be the southwest corner of Donald Ross Road and Central Boulevard. The applicant shall construct and maintain said entryway sign(s) within twelve (12) months of the City Council's approval of the entryway sign program. (Planning & Zoning) Transportation / Traffic Concurrency 13. The project build -out date is December 31, 2004. (City Engineer) 14. Prior to the issuance of the first Certificate of Occupancy, an exclusive right -turn ingress lane with 320 feet of stacking storage at the Donald Ross Road driveway shall be completed, approved by the City Engineer and accepted by the County. (City Engineer) 15. Prior to the issuance of the first Certificate of Occupancy, an exclusive right -turn ingress lane with 445 feet of stacking storage at the Central Boulevard driveway shall be completed, approved by the City Engineer and accepted by the County. (City Engineer) 16. No more than 4,445 net new external trips (any combination of land uses) may be permitted until contract has been let for the expansion of Hood Road from Military Trail to Alternate AlA to a four -lane- divided cross - section. The applicant shall submit a traffic summary showing the amount of traffic generated for each building with each building permit submittal in order to monitor this condition. (City Engineer) 17. Prior to issuance of the final Certificate of Occupancy, the applicant, successors, or assigns Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 4 of 8 shall monitor traffic operation studies of the Donald Ross Road and Central Boulevard intersection beginning during peak season after the issuance of the first Certificate of Occupancy and every six months thereafter until the build -out date. Should such study indicate a need for any roadway /intersection improvements as determined by the City Engineer, the applicant, successor, or assigns shall be required to provide a pro -rata share of installation costs as determined by the City Engineer. (City Engineer) 18. For all improvements that are not assured construction, the developer shall enter into a Public Facility Agreement (PFA) with Palm Beach County for funding of the roadway improvements in a form acceptable to the County Engineer, within six (6) months of the issuance of the development order, and before the first building permit is issued. (Palm Beach County, City Engineer) 19. Within 60 days of the effective date of this development order, the applicant shall submit a traffic equivalency statement reflecting the intensity /density of the approved master plan for approval by the City Engineer. Once the equivalency is approved, the applicant shall petition Palm Beach County and the Metropolitan Planning Organization (MPO) to have the excess trips removed from the affected roadways. This must be completed prior to issuance of the first building permit. (Planning & Zoning, City Engineer) Crime Prevention Through Environmental Design (OPTED) 20. The applicant shall provide metal halide lighting within the commercial/office portion of the development. (Police) 21. The applicant shall provide metal halide lighting within the entire amenity (recreation) area and along the entryway leading into the recreation area. The applicant may provide high - pressure sodium lighting within the remainder of the residential community. (Police) 22. The applicant shall construct the development in accordance with Crime Prevention Through Environmental Design ( CPTED) principles, which consist of the following: (Police) (a) Landscaping shall not conflict with lighting (including long -term tree growth); (b) A timer clock or photocell sensor engaged lighting shall be installed above or near entryways to residences and all sidewalks; (c) Street and pedestrian walkways shall use lighting that is no greater than 14 feet in height; and (d) Numerical addresses shall be illuminated for nighttime visibility, shall have bi- directional visibility from the roadway, and shall be a minimum of six inches in height. Miscellaneous 23. Prior to the issuance of any building permit, the applicant shall: (a) Provide a street address system depicting street names and residential numericals for emergency response purposes. Address system depiction shall be in 8.5" X 11" map format. (Police); and Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 5 of 8 (b) Install and have operational, temporary roadways and fire hydrants approved by the City Engineer and Fire Department for all of the dry models. (Engineering and Fire). 24. Prior to the issuance of the first residential Certificate of Occupancy, the applicant shall submit the Property Owners Association and Homeowners Association documents for review and approval by the City Attorney. (City Attorney) 25. Six (6) months after issuance of the first residential building permit and semiannually thereafter until issuance of the final Certificate of Occupancy, the applicant, successors, or assigns shall submit a report showing the number of approved permits and certificates of occupancy issued to date. (City Engineer) 26. Prior to December 31 of every year following said project's approval, the applicant, successors or assigns shall submit to the Planning and Zoning Division, an annual report of the status of the project, including but not limited to the compliance or status of any conditions of approval placed on the project by this approval and any future approval until the project is completed. (Planning & Zoning) 27. The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer in the construction plans. (City Engineer) 28. Any modifications to the conceptual approval of the commercial portion of the development shall require a major amendment to the Planned Unit Development. (Planning & Zoning) 29. All permitted uses allowed within the Commercial Neighborhood (CN) zoning district as provided in the City's Land Development Regulations shall be permitted by right within the Planned Unit Development (PUD). All proposed conditional uses shall require conditional use approval by the City Council. (Planning & Zoning) 30. No medical office use shall be allowed within the allocated professional / business office use square footage of the Planned Unit Development (PUD). (Planning & Zoning) 31. Prior to the issuance of each occupational license or building permit for interior renovations of tenant spaces, the applicant or its agent shall submit a breakdown by use of the gross square footage for lease for approval by the Planning & Zoning Division. A minor change of up to 5% to the approved allocation of uses for the retail /office building (i.e. 19,375 square feet of Professional/Business Office Use and 19,375 square feet of Neighborhood Commercial (CN) Use) requires administrative review and approval of a parking and traffic equivalency analysis by the Planning and Zoning Division. Any major modifications (greater than 5 %) to the allocated uses shall require review and approval by City Council. (Planning & Zoning) SECTION 4. The following waivers are hereby granted with this approval: 1. Section 78 -285 Signs for Residential Development, to allow two sign faces on the entrance signage. The Land Development Regulations allow a maximum of one (1) sign face per development. 2. Section 78- 154(g)(7) — Minimum Development Area, to allow a maximum development area of 21.72 acres. The Land Development Regulations require a minimum of 50 acres. 3. Section 78 -344 (1), Parking Stall and Bay Dimensions, to allow for 9' X 18.5' standard parking Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 6 of 8 stalls. The Land Development Regulations require 10' X 18.5' parking stall dimensions. 4. Section 78 -252 Upland Preserve Mitigation, to allow for the off -site mitigation of a portion of the required 25% upland preserve set aside. The Land Development Regulations require a minimum 25% viable upland preservation on -site. 5. Section 78 -157 (f). Residential MXD Intensity Measures and Special Definitions, to allow for the non - vertical integration of the minimum 20% residential high land allocation within a residential mixed -use development. The Land Development Regulations require the minimum residential high land -use to be integrated vertically with non - residential uses. SECTION 5. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. January 17, 2003 Cover Sheet by Cotleur & Hearing, Sheet 1 of 14. 2. December 5, 2002 MXD Land -Use Allocation by Cotleur & Hearing, Sheet 2 of 14. 3. January 17, 2003 Master Site Plan by Cotleur & Hearing, Sheet 3 of 17. 4. January 17, 2003 Site Plan by Cotleur & Hearing, Sheet 4 of 17. 5. January 17, 2003 Site Plan by Cotleur & Hearing, Sheet 5 of 17. 6. January 17, 2003 Enlarged Site Plan by Cotleur & Hearing, Sheet 6 of 17. 7. June 10, 2002 Typical Unit Site Plan by Cotleur Hearing, Sheet 7 of 14. 8. June 10, 2002 Site Details by Cotleur & Hearing, Sheet 8 of 14. 9. June 10, 2002 Entry Hardscape Details by Cotleur & Hearing, Sheet 9 of 14. 10. December 23, 2002 Landscape Plan by Cotleur & Hearing, Sheet 10 of 17. 11. December 23, 2002 Landscape Plan by Cotleur & Hearing, Sheet 11 of 14. 12. January 17, 2003 Landscape Plan by Cotleur & Hearing, Sheet 12 of 14. 13. November 14, 2002 Typical Unit Landscape Plan by Cotleur & Hearing, Sheet 13 of 14. 14. January 17, 2003 Landscape Details by Cotleur & Hearing, Sheet 14 of 14. 15. January 21, 2003 Floor Plans, Roof Plans, Elevations, & Details by Centex Homes, 14 sheets (BL.0I - BL.05, BLL.01 - BLL.04, CA.01- CA.03, D.01) 16. December 16, 2002 Preliminary Engineering (Conceptual w/ Details) by Schnars, 2 sheets. 17. December 20, 2002 Photometric Plan by Brannon & Gillespie, 2 sheets (E 1 -P through E2 -P). 18. January 2003 Preserve Area Management Plan by Cotleur- Hearing. SECTION 6. All Ordinances or Parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7. If any clause, section, other part or application of this Ordinance 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 Ordinance. SECTION 8. This Ordinance shall become effective upon the effective date of Ordinance 6, 2003. PLACED ON FIRST READING THE DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF 2003. SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 7 of 8 2003. 2003. COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMEBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY AYE NAY ABSENT Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 8 of 8 EXHIBIT A EXHIBIT A PARCEL 4.01 Date Prepared: February 5, 2003 Ordinance 7, 2003 Page 8 of 8 A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF DONALD ROSS ROAD AND THE WEST RIGHT OF WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH 00.48'04" WEST, ALONG SAID WEST RIGHT OF WAY LINE, (THE WEST RIGHT OF WAY LINE OF CENTRAL BOULEVARD IS ASSUMED TO BEAR SOUTH 009 48'04" WEST AND ALL OTHER BEARINGS REFERENCED HEREIN ARE RELATIVE THERETO), A DISTANCE OF 491.30 FEET; THENCE SOUTH 00.48'04" WEST, A DISTANCE OF 347.84 FEET TO SAID RIGHT OF WAY'S INTERSECTION WITH A NON- TANGENT CURVE HAVING A RADIAL BEARING OF NORTH 04.41'11" EAST, A RADIUS OF 840.06 FEET, AND A CENTRAL ANGLE OF 55.12102 "; THENCE PROCEED WESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 809.34 FEET TO THE END OF SAID CURVE; THENCE SOUTH 89.50'06" EAST, A DISTANCE OF 223.01 FEET; THENCE NORTH 01.20'37" EAST, A DISTANCE OF 359.66 FEET; THENCE NORTH 010 20137" EAST A DISTANCE OF 65.43 FEET; THENCE SOUTH 89.50'06" EAST A DISTANCE OF 436.80 F9ET TO THE POINT OF BEGINNING OF THE HEREIN DESCHBED PARCEL; LESS AND EXCEPTING THEREFROM THAT CERTAIN RIGHT OF WAY DESCRIBED IN OFFICIAL RECORDS BOOK 9567, PAGE 761, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 4.10 A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 LAST, PALM BEACH COUNTY, FLORIDA.,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: It- COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF DONALD ROSS ROAD AND THE WEST RIGHT OF WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH 000 48'04" WEST, ALONG SAID WEST RIGHT OF WAY LINE, (THE WEST RIGHT OF WAY LINE OF CENTRAL BOULEVARD IS ASSUMED TO BEAR SOUTH 00.48'04" WEST AND ALL OTHER BEARINGS REFERENCED HEREIN ARE RELATIVE THERETO), A DISTANCE OF 838.94 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 000 48'04" WEST A DISTANCE OF 430.37 FEET; THENCE NORTH 89.51'04" WEST, DISTANCE OF 923.93 FLU TO THE WEST LINE OF SAID SECTION 25; THENCE NORTH 010 20'37" EAST, ALONG SAID WEST LINE, A DISTANCE OF 844.68 FEET; THENCE SOUTH 89° 50'06" EAST, A DISTANCE OF 252.09 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 59° 53'13" EAST A RADIUS OF840.06 FEET, AND A CENTRAL ANGLE OF 55012102"; THENCE PROCE6 ALONG THE ARC OF SAID CURVE, A DISTANCE OF 809.34 FEET TO THE END OF SAID CURVE TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. Thursday, November 21, 2002 Legends at the Gardens (Parcel 4.1 O & 4, O 1) Waiver Requests. The applicant is seeking City Council approval of five (5) waivers as permitted by the City of Palm Beach Gardens Land Development Regulations (LDR's). Granting the requested waivers would allow for the effective development of currently vacant land in an appropriate and logical manner. Summary 1) Planned Unit Development Overlay District (PUD) LDR 78- 154(g)(7) Development Area 2) PermAMwI_V&1ix LDR 78 -285 Table 24: Permanent Signs 3) Maiurral Resources and Environmentaljj, Signr/lcant Lands LDR 78.581 Preservation. 4) Preserve Area Requirements LDR 78.250(a)(3) Minimum Dimension and Total Area. 5) OffStreet Panting and Loading - Construction and maintenance LDR 78- 344(I)(1)(c), Figure 15, Parking Stall and Bay Dimensions — Reduced space for retail and commercial uses 1) Planned Unit Development Overlay District (PUD) — LDR 78- 154(g)(7) Development Area The applicant is proposing to develop the subject site as an MXD /Non - Residential PUD. A waiver from the minimum PUD development area is required. PUD's proposed North of PGA Boulevard and East of the Florida Turnpike are required to be a minimum of fifty (50) acres, (as outlined in Table 14 "Minimum PUD Development Size). Typically, MXD developments are required to be a minimum of five (5) acres (LDR 78- 1570)(1) "Size "). The total site area of the proposed development is 21.72 acres. This development clearly exceeds the typical size requirements for a MXD Non - Residential PUD but due to surrounding man -made barriers would be unable to expand to fifty (50) acres required in this area. Also, by virtue of the existing underlying zoning district of PDA the only permitted district to which the property can be rezoned is either a PUD or PCD district. As indicated on the City's Future Land Use Map, development in the location of the two intersecting arterial roadways (Donald Ross Road and Central Boulevard) was to involve a mix of appropriate uses. The scale of the proposed MXD /PUD at this location is appropriate as existing off -site conditions cannot readily accommodate a large development. The intent of the Comprehensive Plan is achieved with the development of a 21.72 -acre MXD /PUD as on -site and area residents will have convenient access to neighborhood scale commercial /retail services and professional office uses. r-xt+ /a IT w, iz:: 0 co It -22-- cc, 19. (0 L 51 0 CQ LO 9 LO IS, = 2 i o C� C\j M I o C) 1 0 A I, .. ... La 00'£56 .2 0 > (D I;r I o 0 N ClJ C\l E F °" to wda,l —Yiylu P.. cli C, O IT CC) z Ld y 0 0 I , Na (0 JLL Vi > C\j O t 0. 0 ID -18-0 - . °, _a 8j- u n `� 7 jY CI E,• 'f _ �. z W3:m LL, < Q �LL W, w W 0 ,Z 52 z co W }� ~ N \j C) to W ro C\j 4 -Z Q>J sz cn 2 -f Legends at the Gardens II - Waivers Non - Residential MXD /PUD Site Plan Applic. 2 2) Number of Permitted Sign Faces — LDR 78 -285 Permitted Signs The applicant is requesting a waiver from the number of sign faces permitted for the entry feature sign for the residential development. The design specifies a centrally located entrance feature sign to be located within the median of the entry drive. The maximum number of sign faces permitted is one and would typically be found on a wall - mounted type of entry feature sign. In this particular instance, the sign will be integrated into the median of the entry drive and will be observable from the north and south along Central Boulevard by passing motorists and pedestrians. All associated regulations will be adhered to including: the number of signs, maximum size, maximum letter height and illumination. 3) Preserve Area Requirements -LDR 78.250(a)(3)(c), Minimum dimension and total area. A waiver is requested from the preserve area requirements of LDR 78.250(a)(3)(c) pursuant to the provisions of LDR 78.252 "Alternative forms of mitigation ". As defined in that LDR, the applicant is proposing to provide off -site mitigation in lieu of the on site preserve area requirement. The proposed preserve area will be less than the required minimum of 5.28 acres and will connect to an existing off -site preserve area. The layout and proximity of the proposed on -site preservation area meets the dimensional requirements of the LDR's. The applicant is requesting that the remaining 2.82 acres of required preserve area be mitigated off -site on the "Sandtree" lot located on the southeast corner of 1 -95 and Northlake Boulevard and meeting the approval of the City Forrester. 4) Preserve Area Requirements - LDR 78.250(a)(3) Minimum Dimension and total area. A wiaver is requested from the preserve area requirements prescribed in LDR section 78.250(a)(3)(a) outlining the minimum width requirements for preserve areas at 100 feet. The applicant is responding to a Seacoast Utility Authority requirement to provide a watermain along the entire east side of the subject property and an extension to the west across the entire site for the purpose of connecting to their existing sewer /water service and facilitate a looped connection for the Benjamin School to the south and future development to the west of the subject site. The Applicant is proposing to decrease the required 100 -foot minimum preserve area buffer to ninety (90) feet for a total distance of +/ -109 feet along the Central Boulevard right -of -way to satisfy Seacoast's connection requirement for this site and to establiensure future developments to the west have adequate points of connection to SUA facilities. 5) Off - Street Parking and Loading - LDR 78- 344(1)(1)(b)&(c), Figure 15, Parking Stall and Bay Dimensions. The applicant is requesting a waiver from the minimum dimensions for parking spaces located within the residential portion of the site. The LDR under this section allows for a reduction of parking space widths from ten (10) feet to nine (9) feet for residential uses. A total of sixty -six (66) at -grade spaces will be affected by this request. Reduced parking stall dimensions have been approved for other projects in the Gardens and are specifically permitted as per Table 32 (LDR 78.344(m)) for residential shared lots (guest Cotleur Hearing 0 1934 Can me rce Lard Sulk 1 Jupitec Rodda 33458 Legends at the Gardens II - Waivers Non - Residential MXD /PUD Site Plan Applic. 3 spaces common to all residential units in this instance). The reduced parking area allows for increased permeable area throughout the residential portion of the site in the area of the ring road. Reduced parking stalls will contribute to increased planting areas in the location of terminal islands and adjacent greenspace areas. Cotieur Hearing 1934 Cate rneice Lam Sure 1 Jupitet Roklo 33458 PRESERVE AREA MANAGEMENT PLAN Centex Homes, Inc. Legends at the Gardens Section 25, Township 41 South, Range 42East Palm Beach Gardens, Florida January 2003 Prepared for Centex Homes, Inc. Prepared by Cotleur & Hearing Inc. 1934 Commerce Lane, Suite 1 Jupiter, FL 33458 (561) 747 -6336 .;oneur Hearing 1934 Commerce lane, Suite 1 Jupiter, Florkia 33458 561 747 6336 Fmc 747 1377 CITY OF PALM BEACH GA DENS JAN 10 j 1 PLANNING & ZONING DEPT, Table of Contents 1.0 Introduction ................................................................................. ..............................1 2.0 Site Description ........................................................................... ..............................1 2.1 Listed Species .......................................................................... ..............................5 3.0 Protection of Preservation Areas .............................................. ............................... 5 3.1 Delineation and Surveying Specifications ................................. ..............................5 3.2 Surface Water Management Plan ............................................. ..............................5 3.3 Preserve Area Barricades ........................................................ ..............................5 3.4 Prohibited Activities in Preserve Areas ..................................... ..............................5 3.5 Prohibited Activities Adjacent to Preserve Areas ...................... ..............................6 3.6 Quality Assurance .................................................................... ..............................6 4.0 Restoration and Maintenance .................................................... ..............................4 4.1 Exotic Species .......................................................................... ..............................6 4.2 Re- vegetation with Compatible Native Vegetation .................... ..............................7 4.3 Maintenance ............................................................................ ..............................5 4.4 Nature Preservation Alteration ................................................. ..............................6 4.5 Monitoring Program .................................................................. ..............................6 5.0 Responsibility and Enforcement .................................................. ..............................8 5.1 Enforcement ............................................................................. ..............................8 5.2 Responsibilities ........................................................................ ..............................8 Exhibits and Attachments 1.1 Location Map 1.2 Upland Preserve Map 2.1 Soils Map 4.5.1 Photo and Transect Locations Map 4.5.2. Vegetative Data Sheets 2otleur Hearing 1934 Commerce Lane, StRe 1 Jupiter, Flodda 33458 561 747 6336 Fax 747 1377 PRESERVE AREA MANAGEMENT PLAN THE LEGENDS AT THE GARDENS UPLAND PRESERVE Centex Homes, Inc., as the Owner /Developer of The Legends at the Gardens, has provided the following plan. The project's location is shown on the Location Map, Exhibit 1.1. The following management plan shall be used to govern all activities or concerns relating to the Upland Preserve Area, as shown on the Upland Preserve Map, Exhibit 1.2, and as noted on the Final Site Plan for The Legends At the Gardens, Palm Beach Gardens, Florida. The plan conforms to the Palm Beach Gardens Code of Ordinances and the Comprehensive Plan objectives regarding preservation and incorporation of native plant ecosystems into development. The Preserve Area and its management shall be the responsibility of the property owners in perpetuity. The Upland Preserve Areas contain 2.46 acres of "upland habitat ". The Preserve Area is incorporated into the site plans. The canopy is composed of slash pines (Pinus elliottii) and scattered Sabal palms (Saba/ palmetto). The shrub layer consists of wax myrtle (Myrica cerifera), gallberry (Ilex g/abra), beautyberry (Callicarpa americana) and saw palmetto (Serenoa repens). Exotics growing within the proposed preserve will be eradicated. The soils in the Upland Preserve Area are Basinger and Myakka sands, depressional (BM) and Myakka sand (Mk). See Exhibit 2.1. These are nearly level, poorly drained soils in low broad flats and poorly defined drainage ways. The water table may be above the surface for 3 to 9 months in most years in the Basinger - Myakka sands. Under natural conditions the water table is within 10 inches of the Myakka sand surface for two (2) to four (4) months. Permeability is rapid in the surface and subsurface layers and moderate in the subsoil. (See Environmental Assessment) The Upland Preserve Areas are good quality habitat with minor exotic species infestation. The identified exotics include Brazilian pepper, Melaleuca and earleaf acacia. All of these exotics will be removed from the Preserves. The Preserves will be protected from all construction activities by the barricade fencing that will be installed prior to the onset of development. Cotleur Hearing 1934 Commerce Lone, S1ite 1 JupUer, FlodW 33458 561 747 6336 Fax 747 1377 Project #99 -1203 F: \Project Documents \CENTEX\Legends @ Gardens PAMPPRESERVE AREA MANAGEMENT PLAN2.doc Legends at the Gardens Location Map Exhibit 1.1 uc fo och M cre look o 61s g g l / Indian Creek o� 158 h e 15h o a90 ` Leslie t '° 1a m Fredrick Small 0 m c r S A S m Donald Ross RIV li ml o mm G7 p it mMir Hop A soon o et 0 Hood L—° a e 125 Project Location Linden Gar 3 li Garden La Pga m o, al i a Cotleur & Hearing Landscape Architecture Planning Environmental Consulting N Graphic Design 1934 Commerce Lane w E Suite 1 Jupiter, FL 33458 S Phone: 581. 747.8338 FaX: 581.747 -1377 Legends at the Gardens Up /and Preserve Map Exhibit 1,2 Legend Upland Preserves Property Line N W E Feet 0 100 200 400 600 800 S o:. M Cotleur & Hearing Landscape Architecture Planning Environmental Consulting Graphic Design 1934 Commerce Lane Suite I Jupiter, FL 33458 Phone: 561- 747 -6336 Fax: 561- 747 -1377 2.1 Listed Species A listed species survey was conducted in December 2001. No state or federal listed species were found on site. The Environmental Assessment found only abandoned gopher tortoise burrows. No active burrows or fresh tortoise scat was found. No other evidence of listed plants or animals were identified on the subject parcel aa' 3.1 Delineation and Surveying Specifications The Preserve Area shall be staked and field surveyed based on the approved Final Development Plan preservation delineation so as to maintain compliance with required area calculations and preservation limits. No plant material will be removed from preservation areas to facilitate surveying. 3.2 Surface Water Management Plan To protect water quality, the surface water management system for this development project shall be in accordance with the South Florida Water Management District and other regulations governing such facilities. No discharge of surface water shall be made into Preserve Area. All storm water from developed areas will be collected by the use of valley gutters, swales and inlets and will be directed to the surface water management system with culverts. All pre - development runoff will be maintained to insure the stability of the Preserve Area. All runoff from the construction area shall be contained within the storm water management system with proper protection to insure removal of sedimentation and turbidity. Grade changes will be engineered so that any cut or fill will meet existing elevations and not encroach on any preservation area. No trenching, utilities or easements will be allowed in the Upland Preserve Areas. Violation of the Surface Water Management permit conditions shall constitute violation of this Preserve Area Management Plan. 3.3 Preserve Area Barricades All preservation areas shall be delineated in the field with 30" orange mesh barrier fabric. The fabric will be located on the outer edge or canopy drip line of the preservation area and will be conspicuous to equipment operators. Advisory or warning signage shall be provided (i.e., Keep Out, etc.). No building materials or vehicles will be stored within Preserve Area. Subsequent to the installation the orange mesh barrier fabric, the developer shall contact the Palm Beach Gardens City Forester for a joint inspection of the areas. All barriers shall remain intact for the duration of construction. 3.4 Prohibited Activities in Preserve Areas No construction or alteration shall be permitted within the Preserve Area as reflected on the Site Plan and the Preserve Area Management Plan, except as necessary in L; 34 Commerce tieanng R\Project Documents \CEMTEX\Legends @ Gardens PAMP\PREESERVE (AREA 1934 Commerce Lane, Site 1 MANAGEMENT PLAN2.doc J�plter, Flalda 33458 561 747 6336 Fox 747 1377 connection with the proposed Preserve Area restoration or enhancement as outlined below. Prohibited activities within the Preserve Area include: 1. Construction or storage of building materials, soil, debris, trash or hazardous materials. 2. Mowing or sodding. 3. Removal of native trees, shrubs or other valuable vegetation. 4. Excavation, dredging, or removal of soil. 5. Parking or operation of vehicles. 6. Any other activity that would be detrimental to drainage, erosion control, habitat or wildlife conservation and preservation. No trenching, utilities or easements will be allowed in the Preserve Area. 3.5 Prohibited Activities Adjacent to Preserve Area No hazardous material, other than fuel tanks for refueling on -site heavy equipment, will be stored adjacent to the preserve during the construction phases. One -site fuel tanks shall not be located within 25 feet of any preserve areas and shall be removed upon completion of construction work. All fuel tanks and fueling operations conducted during construction of facilities will be a minimum of 25 feet from the perimeter of the preserve and upon project completion shall be taken out. All on site tanks and fueling operations shall conform to all applicable state and federal regulations and shall follow "Best Management Practices ". Trash and construction debris, which currently exists or will be produced on the site, will be removed in an approved manner. 3.6 Quality Assurance The project's Landscape Architect shall periodically review work activity. Additionally, all efforts will be made to retain any existing vegetation falling outside both prescribed preservation areas and development built areas. 4.1 EXOtic Species Activities, which are allowed in Preserve Area, shall include removal and eradication of exotic and nuisance species, trash and debris. To minimize potential disturbance to surrounding vegetation, eradication of exotic and nuisance species shall be accomplished by herbicide treatment with the approved herbicides Arsenal, Garlon 3A, Tordon and /or Roundup, depending on the species. Hand removal of exotic vegetation, Uotleur Hearing Project #99 -1203 1934 Commerce lone, SUte 1 F.1Projeol Documents\CENTEXIegends @ Gardens PAMPIPRESERVE AREA Jupiter, Fbdda 33458 MANAGEMENT PLAN2.doc 561 747 6336 Fox 747 1377 6 trash and debris will be conducted where appropriate and /or necessary to ensure the continued intact survival of the native community present. All activities within Preserve Area shall take proper care to avoid damage or disturbance of existing habitat. 4.2 Re- vegetation with Compatible Native Vegetation Within the upland preservation area, re- vegetation is anticipated to be necessary because of exotic removal. When re- vegetation becomes necessary, plantings shall consist of native plant species (Table 2) indicative of the natural plant community of that location to insure continuity of indigenous plant associations. Re- vegetation may be achieved through the use of nursery stock plant materials or on -site transplants using the built area as a donor site. If transplants are used, adequate water for temporary irrigation must be in place prior to transplant operation commencement. Irrigation shall continue until transplants are established in new locations. Table 2 Potential Species for Re- vegetation Common Name Botanical Name Wiregrass Aristida stricta Beauty berry Callicarpa americana Cocoplum Chrysobalanus icaco Firebush Hamelia patens Dahoon holly Ilex cassine Gallberry Ilex glabra Wax myrtle Myrica cerifera Slash pine Pinus elliottii Live oak Quercus virginiana Laurel oak Quercus laurifolia Cabbage palm Saba/ palmetto Saw palmetto Serenoa repens Herbaceous material shall be installed using liner or 2" nursery stock with 36" on- center spacing. Woody material shall be 4' to 10' with on- center spacing to mimic natural association (i.e. informal massing, curvilinear planting arrangement, staggered heights, mixed species, etc.) 4.3 Maintenance and Monitoring A semi - annual maintenance program shall be implemented to control invasive prohibited exotic plant species and maintain upland preserves as a functioning habitat. Photographic locations and transect locations are provided on Exhibit 4.1. A list of prohibited exotics and non - natives to be eradicated during maintenance procedures is provided in Table 3 below. Maintenance programs shall be conducted in an environmentally sensitive manner by hand or chemically. Chemicals used must be EPA registered products approved for use in the State of Florida that have been shown to Uotleur 1934 C nu Hearing F.1Project Documents\CENTEXLLegends @ Gardens PAMPIPRREESERVE 1AREA 1934 Commerce Lane, 8 1 MANAGEMENT PLAW.doc Jupiter, Florida 33458 561 747 6336 rmc 747 1377 7 present a wide margin of safety for fish, wildlife, waterfowl and human life. Trash and debris shall be removed during each maintenance event. Prohibited and Invasive Non - Native Plant Species List Prohibited plant species, as defined below, shall be completely removed or eradicated from the entire site concurrent with permitted vegetation removal and site development. Periodic follow -up removal /eradication is required. The following list constitutes the prohibited plant species. Invasive non - native plant species, as defined below, shall be completely removed or eradicated from the entire site, including the preserves, concurrent with permitted vegetation removal and site development. Periodic follow -up removal /eradication is required. The following list constitutes the invasive non - native plant species. Table 3 — Prohibited and Invasive Non - Native Plant Species Common Name Botanical Name Earleaf acacia Woman's tongue Shoebutton ardisia Bishop -wood Australian pine Leather leaf Carrotwood Air potato Lofty fig Banyan Mahoe Jasmine Small- leaved climbing fern Melaleuca, punk tree or paper tree Cat's claw Kudzu Downy rose myrtle Chinese tallow tree Schefflera Brazilian pepper Java plum Cork tree 4.4 Native Preservation Alteration Acacia auriculiformis Albizia lebbeck Ardisia solanaceae Bischofia javanica Casuarina spp. Colubrina asiatica Cupaniopsis anacardioides Dioscorea bulbifera Ficus altissima Ficus bengalensis Hibicus tiliaceus Jasminum dichotomum Lygodium microphyllum Melaleuca quinquenervia Mimosa pigra Pueraria montana (P. Lobata) Rhodomyrtus tomentosus Sapium sebiferum Schefflera actinophylla (Brassaia actinophylla) Schinus terebinthifolius Syzgium cumini Thespesia populnea The only alteration or activities allowed in Preserve Area will be the following: The removal of exotic plant material, refuse and debris. 2. Planting of compatible vegetation. Cotleur Hearing 1934 Commerce lane, Sine 1 JuMer, Roddy 33456 561 747 6336 Fax 747 1377 Project #99 -1203 F.Wroject DoamentslCENTEXtl.egends @ Gardens PAMPVIRESERVE AREA MANAGEMENT PLAN2.doc 3. Prohibited activities in the Preserve Area include, but are not limited to: construction or placing of building materials on or above the ground, dumping or placing soil or other substances such as garbage, trash and cuttings, removal or destruction of native trees, shrubs or other vegetation, excavation, dredging or removal of soil material, no utilities, spoil disposal or fencing, recreational vehicle use and any other activities detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation or preservation. 4. Any other type of alteration to Preserve Area shall require the approval of the City of Palm Beach Gardens. 4.5 Monitoring Program The Legends At the Gardens Upland Preserve Area will be monitored to ensure the integrity and stability of the existing and restored native communities. All monitoring activities shall be conducted in accordance with requirements of the jurisdictional agencies and the program shall utilize the following methodology for collection of data. A plan showing layout of the monitoring program is provided. Time Zero Vegetative Survey A transect shall be established through the mitigation areas to cross the full range of existing water depths, topographic gradients, and other environmental variants. For transect locations, see Exhibit 4.5.9. To monitor vegetative re- colonization, stations shall be established at the interface of vegetative communities within the areas of proposed planting. At each station a one -meter square plot shall be established and the corners marked with PVC pipe. These stations shall remain consistent over the monitoring period. During each monitoring session, information shall be collected concerning species composition, percent coverage, and relative health of vegetation. Data sheets have been developed that record and will present in sequential format, data collected during each monitoring session. A sample data sheet is included in the appendix of this report. Vegetation strata to be monitored are: Canopy Species - At each quadrant, with the station being the center, a 15' radius shall be established and tree species existing within the plot tagged and numbered. Species, basal area measured at 4' above ground surface, and height of each tree shall be recorded. Shrub Layer - At each quadrant, with the station being the center, a 10- foot radius shall be established and shrub species existing within the pot and height recorded. C;otleur Hearing Project #99-1203 1934 Convnerce Lane, SUte 1 F.1Projeet Documents %CENTEX\Legends @ Gardens PAMF'1PRESERVE AREA A#Ier, FbrkJo 33458 MANAGEMENT PLAN2.doc 561 747 6336 FM 747 1377 9 Legends at the Gardens Monitoring Plan Photo and rransect Locations Exhibit 4.5. 1 Legend Transects ® Photo Locations Upland Preserves _!Property Line N W E Feet 0 100 200 400 600 800 S Cotleur & Hearing Landscape Architecture Planning Environmental Consulting Graphic Design 1934 Commerce Lane Suite I Jupiter, FL 33458 Phone: 561.747 -6336 Fax: 561.747 -1377 Ground Layer - At each station a 1 meter square monitoring plot shall be established and comers marked with PVC pipe. During each monitoring session, information shall be collected concerning species composition, percent coverage, and height of vegetation present within each quadrant. ■ Photographic Documentation Fixed points shall be established that will provide a consistent location for quarterly repetition of photographs that provide a panoramic view and record of conditions and changes within the mitigation area. For photo locations, see Exhibit 4.5.1. 4onMitigation Maintenance completion of initial clean up and installation, routine maintenance activities shall be initiated at a maximum of 90 -day intervals throughout the five year monitoring period. During these routine maintenance inspections, pruning, cultivating, and fertilizing as required for healthy growth shall maintain all trees, shrubs and other plants. Work efforts shall control and eradicate re- growth or seed germination of exotic and noxious species. Maintenance activities shall utilize a combination of herbicide treatment and manual removal to control exotic and undesirable species. To prevent damage created by removal haul routes, debris shall be chipped on site to decay naturally. Following the five -year maintenance and monitoring period, long term maintenance of the area shall be incorporated into The Legends At the Gardens preserve maintenance program. At a minimum, the maintenance shall be conducted on an annual basis. ■ Evaluation Monitoring of mitigation areas shall be conducted on a quarterly basis for a period of two years, followed by three (3) years of semi - annual (wet season /dry season) monitoring. Reports shall be prepared that will document the success of the mitigation and be submitted according to requirement of the jurisdictional agencies. These reports will contain the physical data and will describe any changes in vegetation species composition or dominance, survival of planted species, wildlife utilization, or other relevant conditions observed. (Data Sheets attached — See Attachment 4.5.2.) These reports shall evaluate the success of the mitigation program and shall outline any revisions or recommendations believed appropriate to improve the success of this project. Success of the mitigation shall be evaluated with respect to the following criteria: Cotleur Hearing 1934 Commerce Lone, State 1 I plfer, Rorlda 33458 561 747 6336 Fax 747 1377 oje� 1 F: \Project Documents \CENT A EXLLegends ®Gardens PAMPIPR ESERVE AREA MANAGEMENT PlAN2.doc 11 o A minimum of 80 percent survival of each planted species. This rate shall be maintained each quarter except where species composition, density of planted and recruitment species and overall preserve condition, growth rates, and viability of the area are higher. o Less than 5 percent coverage by invasive exotic and undesirable species. 5.1 Enforcement The Preserve Area Management Plan will not be changed without the approval of City of Palm Beach Gardens. The City of Palm Beach Gardens shall have the right to enforce the provisions of the Upland Preserve Area Management Plan through any available administrative or civil proceeding that may result in penalties, appropriate vegetation and other remedies as against any person, corporation or other entity in violation of any of the provisions of the Preserve Area Management Plan. 5.2 Responsibilities The Affidavit of Responsibility identifies the responsible parties for maintenance- and protection of the preserve. The maintenance and protection of the Preserves shall be the responsibility of the Legends At the Gardens Master Property Owners Association. The Master Association shall be composed of the Legends Homeowners Association and the Commercial Owners Association. The Owner /Developer of The Legends At the Gardens recognizes the natural scenic and habitat value of the native upland habitat on site. The Developer has agreed to eradicate and manage the encroachment of exotic vegetation and manage the Upland Preserve Area in accordance with guidelines set forth by the City of Palm Beach Gardens. These management practices are intended to improve the potential utilization of these areas by various types of wildlife. The Owner /Developer of The Legends At the Gardens shall have the responsibility of maintaining the Preserve Area free of litter, debris and landscape until The Master Association receives the Preserve Management responsibility. At that time the Master Association and the Homeowners and the Commercial Owners shall divide the responsibility with the Homeowners Association being responsible for the 1.10 acre preserve. The Commercial Owners shall become responsible for the 1.36 -acre preserve. There must be a mechanism for policing the preserve to keep the area free of exotic vegetation, bottles, paper trash, plastics, and associated discards. All foreign material must be disposed in a proper waste disposal facility. Preserve Areas shall be maintained two (2) times per year as required by Section 4.4 of this Preserve Area Management Plan. Initial implementation and future management of all upland Preserve Area within the property will be the responsibility of the developer or it's successors and /or assigns. vulleulr neanng Project #99-1203 1934 Commerce Lane, stre 1 F.1Project Documents\CENTEX1Legends @ Gardens PAMPIPRESERVE AREA Jupiter, FUW 33458 MANAGEMENT PLAN2.doc 561 747 6336 Fmc 747 1377 12 Exhibits and Attachments: Location Map Upland Preserve Map Soils Map Photo and Transect Locations Vegetative Data Sheet 1934 Co Cotleur Hearing F;�� Documents \CENTEX\Legends @ Gardens PAMPIPRESERVE�AREA 1934 Commerce Lane, SuRe t JW ter, Rorkfo 33458 MANAGEMENT PLAN2.doc 561 747 6336 F=7471377 13 Attachment 4.5.2 Legends at the Gardens - Vegetation Data Sheet Comments: Baseline 90-Dey 180 -Day 361Dey o In y m E `m d E6 Comments: PRESERVE AREA MANAGEMENT PLAN Centex Homes, Inc. Sandtree P.U.D. Section 19, Township 42South, Range 43East Palm Beach Gardens, Florida January 2003 Prepared for Centex Homes, Inc. Prepared by Cotleur & Hearing Inc. 1934 Commerce Lane, Suite 1 Jupiter, FL 33458 (561) 747 -6336 .;otleur Heanng 1934 Commerce Lane, Stile 1 J431ter, Florida 33458 561 747 6336 Fax 747 1377 CITY OF PALM BEACH GARDENS JAN 10 PLANNING & ZONING DEPT. Table of Contents 1.0 Introduction ................................................................................. ..............................1 2.0 Site Description ........................................................................... ..............................1 2.1 Listed Species .......................................................................... ..............................5 Exhibit 1.2 3.0 Protection of Preservation Areas .............................................. ............................... 5 3.1 Delineation and Surveying Specifications ................................. ..............................5 Exhibit 4.5.1 3.2 Surface Water Management Plan ............................................. ..............................5 Attachment 4.5.2 3.3 Preserve Area Barricades ........................................................ ..............................5 3.4 Prohibited Activities in Preserve Areas ..................................... ..............................5 3.5 Prohibited Activities Adjacent to Preserve Areas ...................... ..............................6 3.6 Quality Assurance ................................................................... ............................... 6 4.0 Restoration and Maintenance .................................................... ..............................4 4.1 Exotic Species .......................................................................... ..............................6 4.2 Re- vegetation with Compatible Native Vegetation .................... ..............................7 4.3 Maintenance ............................................................................ ..............................5 4.4 Nature Preservation Alteration ................................................. ..............................6 4.5 Monitoring Program .................................................................. ..............................6 5.0 Responsibility and Enforcement ................................................. ..............................8 5.1 Enforcement ............................................................................ ..............................8 5.2 Responsibilities ....................................................................... ..............................8 Exhibits and Attachments Exhibit 1.1 Location Map Exhibit 1.2 Upland Preserve Map Exhibit 2.1 Soils Map Exhibit 4.5.1 Photo and Transect Locations Map Attachment 4.5.2 Vegetation Data Sheet 1934 Commerce Lane, Sine 1 Jupiter, Ftodda 33458 561 747 6336 Fax 747 1377 PRESERVE AREA MANAGEMENT PLAN THE SANDTREE UPLAND PRESERVE ctronrac#u 1 , Centex Homes, Inc. as the Owner /Developer of The Legends at the Gardens has provided the following plan. The following management plan shall be used to govern all activities or concerns relating to the Sandtree Upland Preserve Area. This Preserve Area Management Plan is developed as partial fulfillment of mitigation requirements noted on the Final Site Plan for The Legends at the Gardens, Palm Beach Gardens, Florida. The plan conforms to the Palm Beach Gardens Code of Ordinances and the Comprehensive Plan objectives regarding preservation and incorporation of native plant ecosystems into development. The Preserve Area and its management shall be the responsibility of the Sandtree Property Owners /Homeowners Association in perpetuity. The Upland Preserve Area contains 2.798 acres of "upland habitat ". The Preserve Area is described as Lots 31 through 52, Plat of Sandtree P.U.D., Plat Book 38, pages 102 through 104, City of Pam Beach Gardens, Palm Beach County, Florida. Exhibit 1.1 shows the exact location of the Preserve Area within the City of Palm Beach Gardens. Exhibit 1.2 identifies which portion of the parcel is preserve. Parcels identified as Parking Tract "E' and "F" are excluded from this Preserve Area Management Plan because these "out parcels" are proposed as storm water retention pond areas. The canopy is composed of slash pines (Pinus elliottii), live oaks (Quercus virginiana), laurel oaks (Quercus laurifolia) and scattered Sabal palms (Saba/ palmetto). The shrub layer consists of wax myrtle (Myrica cerifera), gallberry (Ilex glabra), beautyberry (Callicarpa americana) and saw palmetto (Serenoa repens). Exotics growing within the proposed preserve will be eradicated. The soils in the Upland Preserve Area are Basinger fine sand (Ba) and Basinger and Myakka sands, depressional (Bm). These are deep, nearly level, poorly drained soils in low broad flats and poorly defined drainage ways. Under natural conditions, For Basinger fine sand (Ba), the water table is within 10 to 30 inches of the surface for most of the year. Under natural conditions for Basinger and Myakka sands (Bm), the water table is above the surface for 3 -9 months in most years. See Exhibit 2.1. The Upland Preserve Areas are good quality habitat with moderate exotic species infestation. The identified exotics include Brazilian pepper, Melaleuca, Australian pine and earleaf acacia. All of these exotics will be removed from the Preserves. Cotleur Hearing Project #99-1203 1934 Commerce lane, State 1 F:\Project Documents \CENTEX\Legends Q Gardens PAMP\Sandtree PRESERVE AREA MANAGEMENT PLAN.doc Jupiter, Florbo 33458 561 747 6336 Fox 747 1377 Legends at the Gardens Sandtree Site Location Map Exhibit 1,1 on u I Dal Ilex �d F Gar en! Bluebell Qya Li 0h ouse Althea 0� Island Begonia Cypress River ide 10 o Em ress Rodgers 3 a e Villas v Crestdale Brady o E 93rd m d = Lon " Arthur m O1 d m n` C CO a Arbor ° 2nd to c m m c C Y IY W 0 Vol un Terr e t V C � _ Northl a �° to H m 20 c v >v r Mary m' m S uare Lae Wakefield A r v <� �0 y om a 'om o x Williams dF Ro I n Consumer c � n yal O d Oa m m 'y— � 3 Investment SummerS On Lil ian m a = Fiscal i 1` $e8 s o` Bonisle As Shares Project Location Lntral Industrial Rees Cotleur & Hearing Landscape Architecture Planning Environmental Consulting N Graphic Design 1934 Commerce Lane Suite 1 w E Jupiter, FL 33455 Phone: 561. 747 -6336 S Fax: 561 - 747.1377 Legends at the Gardens Sandtree P.U.D. Up /and Preserve Map Exhibit 1.2 Legend _: Property Line Upland Preserve N W E Feet 0 100 200 400 600 800 S Cotleur & Hearing Landscape Architecture Planning Environmental Consulting Graphic Design 1934 Commerce Lane Suite 1 Jupiter, FL 33458 Phone: 561- 747 -6336 Fax: 561- 747 -1377 Legends at the Gardens Sandtree P.U.D. Soils Map Exhibit 2.1 Legend BASINGER AND MYAKKA SANDS, DEPRESSIONAL 0 BASINGER FINE SAND Cotleur & SFWMD Soils Data Hearing _ . Landscape Architecture 'Property Line Planning Environmental Consulting Graphic Design N 1934 Commerce Lane Suite 1 E Feet Jupiter, FL 33458 0 100 200 400 600 800 Phone: 561- 747 -6336 S Fax: 561.747 -1377 2.1 Listed Species A listed species survey was conducted in January 2003. No state or federal listed species were found on site. No active burrows or fresh tortoise scat was found. No other evidence of listed plants or animals were identified on the subject parcel 3.1 Delineation and Surveying Specifications The Preserve Area shall be staked and field surveyed based on the approved Final Development Plan preservation delineation so as to maintain compliance with preservation limits. No plant material will be removed from preservation areas to facilitate surveying. 3.2 Surface Water Management Plan To protect water quality, the surface water management system for this development project shall be in accordance with the South Florida Water Management District and other regulations governing such facilities. No discharge of surface water shall be made into Preserve Area. All storm water from developed areas will be collected by the use of valley gutters, swales and inlets and will be directed to the surface water management system with culverts. All pre - development runoff will be maintained to insure the stability of the Preserve Area. All runoff from the construction area shall be contained within the storm water management system with proper protection to insure removal of sedimentation and turbidity. Grade changes will be engineered so that any cut or fill will meet existing elevations and not encroach on any preservation area. No trenching, utilities or easements will be allowed in the Upland Preserve Areas. Violation of the Surface Water Management permit conditions shall constitute violation of this Preserve Area Management Plan. 3.3 Preserve Area Barricades All preservation areas shall be delineated in the field with 30" orange mesh barrier fabric. The fabric will be located on the outer edge or canopy drip line of the preservation area and will be conspicuous to equipment operators. Advisory or warning signage shall be provided (i.e., Keep Out, etc.). No building materials or vehicles will be stored within Preserve Area. Subsequent to the installation the orange mesh barrier fabric, the developer shall contact the Palm Beach Gardens City Forester for a joint inspection of the areas. All barriers shall remain intact for the duration of construction. 3.4 Prohibited Activities in Preserve Areas No construction or alteration shall be permitted within the Preserve Area as reflected on the Site Plan and the Preserve Area Management Plan, except as necessary in connection with the proposed Preserve Area restoration or enhancement as outlined below. Cotleur Hearing Project #99-1203 1934 Commerce Lane, Suite 1 F.\Project Docurnents \CENTE)&egends @ Gardens PAMP\Sandtree PRESERVE AREA MANAGEMENT PLAN.doc Jupiter, Florida 33458 561 747 6336 Fax 747 1377 5 Prohibited activities within the Preserve Area include: Construction or storage of building materials, soil, debris, trash or hazardous materials. 2. Mowing or sodding. 3. Removal of native trees, shrubs or other valuable vegetation. 4. Excavation, dredging, or removal of soil. 5. Parking or operation of vehicles. 6. Any other activity that would be detrimental to drainage, erosion control, habitat or wildlife conservation and preservation. No trenching, utilities or easements will be allowed in the Preserve Area. 3.5 Prohibited Activities Adjacent to Preserve Area No hazardous material, other than fuel tanks for refueling on -site heavy equipment, will be stored adjacent to the preserve during the construction phases. One -site fuel tanks shall not be located within 25 feet of any preserve areas and shall be removed upon completion of construction work. All fuel tanks and fueling operations conducted during construction of facilities will be a minimum of 25 feet from the perimeter of the preserve and upon project completion shall be taken out. All on site tanks and fueling operations shall conform to all applicable state and federal regulations and shall follow "Best Management Practices ". Trash and construction debris that currently exists or will be produced on the site will be removed in an approved manner. 3.6 Quality Assurance The project's Landscape Architect shall periodically review the progress and all efforts will be made to retain any existing vegetation falling outside both prescribed preservation areas and water retention /development areas. 4.1 Exotic Species Activities that are allowed in Preserve Area shall include removal and eradication of exotic and nuisance species, trash and debris. To minimize potential disturbance to surrounding vegetation, eradication of exotic and nuisance species shall be accomplished by herbicide treatment with the approved herbicides Arsenal, Garlon 3A, Tordon and /or Roundup, depending on the species. Hand removal of exotic vegetation, trash and debris will be conducted where appropriate and /or necessary to ensure the continued intact survival of the native community present. 1934 Co Cotleur Hearing F;\Project Documents \CENTEX\Legends @ Gardens PAMP\Sandtree PRESERVE 1934 Commerce Lane, Suite 1 Jupiter, Florida 33458 AREA MANAGEMENT PLAN.doc 561 747 6336 Fax 747 1377 6 All activities within Preserve Area shall take proper care to avoid damage or disturbance of existing habitat. 4.2 Re- vegetation with Compatible Native Vegetation Within the upland preservation area, re- vegetation is anticipated to be necessary because of exotic removal. When re- vegetation becomes necessary, plantings shall consist of native plant species (Table 2) indicative of the natural plant community of that location to insure continuity of indigenous plant associations. Re- vegetation may be achieved through the use of nursery stock plant materials or on -site transplants using the built area as a donor site. If transplants are used, adequate water for temporary irrigation must be in place prior to transplant operation commencement. Irrigation shall continue until transplants are established in new locations. Table 2 Potential Species for Re- vegetation Common Name Botanical Name Wiregrass Aristida stricta Beauty berry Callicarpa americana Cocoplum Chrysobalanus icaco Firebush Hamelia patens Gallberry Ilex glabra Wax myrtle Myrica cerifera Slash pine Pinus elliottii Live oak Quercus virginiana Laurel oak Quercus laurifolia Cabbage palm Saba/ palmetto Saw palmetto Serenoa repens Herbaceous material shall be installed using liner or 2" nursery stock with 36" on- center spacing. Woody material shall be 4' to 10' with on- center spacing to mimic natural association (i.e. informal massing, curvilinear planting arrangement, staggered heights, mixed species, etc.) 4.3 Maintenance and Monitoring A semi - annual maintenance program shall be implemented to control invasive prohibited exotic plant species and maintain upland preserves as a functioning habitat. A list of prohibited exotics and non - natives to be eradicated during maintenance procedures is provided in Table 3 below. Maintenance programs shall be conducted in an environmentally sensitive manner by hand or chemically. Chemicals used must be EPA registered products approved for use in the State of Florida that have been shown to present a wide margin of safety for fish, wildlife, waterfowl and human life. Trash and debris shall be removed during each maintenance event. Cotleur Hearing "act #99 -1203 1934 Commerce Lane, Sutte 1 F.1Project DocumentACENTEXlegends @ Gardens PAMPISandtree PRESERVE AREA MANAGEMENT PLAN.doc Juplter, Flalda 33458 6617476336 Fax 747 1377 7 Prohibited and Invasive Non - Native Plant Species List Prohibited plant species, as defined below, shall be completely removed or eradicated from the entire site concurrent with permitted vegetation removal and site development. Periodic follow -up removal /eradication is required. The following list constitutes the prohibited plant species. Invasive non - native plant species, as defined below, shall be completely removed or eradicated from the entire site, including the preserves, concurrent with permitted vegetation removal and site development. Periodic follow -up removal /eradication is required. The following list constitutes the major invasive non - native plant species. Table 3 — Prohibited and Invasive Non - Native Plant Species Common Name Botanical Name Earleaf acacia Woman's tongue Shoebutton ardisia Bishop -wood Australian pine Leather leaf Carrotwood Air potato Lofty fig Banyan Mahoe Jasmine Small- leaved climbing fern Melaleuca, punk tree or paper tree Cat's claw Kudzu Downy rose myrtle Chinese tallow tree Schefflera Brazilian pepper Java plum Cork tree 4.4 Native Preservation Alteration Acacia auriculiformis A/bizia /ebbeck Ardisia so /anaceae Bischofia javanica Casuarina spp. Colubrina asiatica Cupaniopsis anacardioides Dioscorea bu/bifera Ficus altissima Ficus benga/ensis Hibicus tiliaceus Jasminum dichotomum Lygodium microphyllum Melaleuca quinquenervia Mimosa pigra Pueraria montana (P. Lobata) Rhodomyrtus tomentosus Sapium sebiferum Schefflera actinophylla (Brassaia actinophylla) Schinus terebinthifolius Syzgium cumini Thespesia populnea The only alteration or activities allowed in Preserve Area will be the following: 1. The removal of exotic plant material, refuse and debris. 2. Planting of compatible vegetation. 3. Prohibited activities in the Preserve Area include, but are not limited to: construction or placing of building materials on or above the ground, dumping or Co r Hearing Project #99-1203 1934 FAProject Documents \CENTF.X\Legend Gardens PAMP\Sandtree PRESERVE 1934 Commerce Lane, Sate 1 s @ Jupiter, Fbrlda 33458 AREA MANAGEMENT PLAN.doc 561 747 6336 Fax 147 1377 8 placing soil or other substances such as garbage, trash and cuttings, removal or destruction of native trees, shrubs or other vegetation, excavation, dredging or removal of soil material, no utilities, spoil disposal or fencing, recreational vehicle use and any other activities detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation or preservation. 4. Any other type of alteration to Preserve Area shall require the approval of the City of Palm Beach Gardens. 4.5 Monitoring Program The Legends At the Gardens - Sandtree P.U.D., Upland Preserve Area will be monitored to ensure the integrity and stability of the existing and restored native communities. All monitoring activities shall be conducted in accordance with requirements of the jurisdictional agencies and the program shall utilize the following methodology for collection of data. A plan showing layout of the monitoring program is provided as Exhibit 4.5.1. Time Zero Vegetative Survey A transect shall be established through the mitigation areas to cross the full range of existing water depths, topographic gradients, and other environmental variants. To monitor vegetative re- colonization, stations shall be established at the interface of vegetative communities within the areas of proposed planting. At each station a one -meter square plot shall be established and the corners marked with PVC pipe. These stations shall remain consistent over the monitoring period. During each monitoring session, information shall be collected concerning species composition, percent coverage, and relative health of vegetation. Data sheets have been developed that record and will present in sequential format, data collected during each monitoring session. A sample data sheet is included in the appendix of this report. Vegetation strata to be monitored are: Canopy Species - At each quadrant, with the station being the center, a 15' radius shall be established and tree species existing within the plot tagged and numbered. Species, basal area measured at 4' above ground surface, and height of each tree shall be recorded. Shrub Layer - At each quadrant, with the station being the center, a 10- foot radius shall be established and shrub species existing within the pot and height recorded. Cot] eur Hearing Project #99-1203 1934 Commerce lane, Sate 1 F:1Project Documents %CENTEX1Legends @ Gardens PAMPGandtree PRESERVE AREA MANAGEMENT PLAN.doc Jupiter, Florida 33458 561 747 6336 Fox 747 1377 9 Legends at the Gardens Sandtree P. U. D. Up /and Preserve Map Exhibit 4.5.1 Legend Transects o Photo Locations Upland Preserve Property Line N W E Feet 0 100 200 400 600 800 S Cotleur & Hearing Landscape Architecture Planning Environmental Consulting Graphic Design 1934 Commerce Lane Suite 1 Jupiter, FL 33458 Phone: 561- 747 -6336 Fax: 561- 747 -1377 o A minimum of 80 percent survival of each planted species. This rate shall be maintained each quarter except where species composition, density of planted and recruitment species and overall preserve condition, growth rates, and viability of the area are higher. o Less than 5 percent coverage by invasive exotic and undesirable species. SOResponsl�tynclnforcent �� w ,r x3 5.1 Enforcement The Preserve Area Management Plan will not be changed without the approval of City of Palm Beach Gardens. The City of Palm Beach Gardens shall have the right to enforce the provisions of the Upland Preserve Area Management Plan through any available administrative or civil proceeding that may result in penalties, appropriate vegetation and other remedies as against any person, corporation or other entity in violation of any of the provisions of the Preserve Area Management Plan. 5.2 Responsibilities The Affidavit of Responsibility identifies the responsible parties for maintenance and protection of the preserve. The maintenance and protection of the Preserve shall be the responsibility of the Sandtree P.U.D. Property Owners /Homeowners Association. The Sandtree P.U.D. Property Owners /Homeowners Association shall become the responsible party upon completion of Preserve development by Centex Homes, Inc. The Owner /Developer of The Legends At the Gardens recognizes the natural scenic and habitat value of the native upland habitat on the Sandtree P.U.D. site. The Developer has agreed to eradicate and manage the encroachment of exotic vegetation and initiate management of the Sandtree P.U.D. Upland Preserve Area in accordance with guidelines set forth by the City of Palm Beach Gardens. These management practices are intended to improve the potential utilization of these areas by various types of wildlife. The Owner /Developer of The Legends At the Gardens shall have the responsibility of maintaining the Preserve Area free of litter, debris and landscape until The Sandtree P.U.D. Property Owners /Homeowners Association receives the Preserve Management responsibility. There must be a mechanism for policing the preserve to keep the area free of exotic vegetation, bottles, paper trash, plastics, and associated discards. All foreign material must be disposed in a proper waste disposal facility. Preserve Areas shall be maintained two (2) times per year as required by Section 4.4 of this Preserve Area Management Plan. Initial implementation and future management of all upland Preserve Area within the property will be the responsibility of the developer or it's successors and /or assigns. 1934 Co r Heanng FAPMject DocumentsXCENTEXlegends @ Gardens PAMPSandtreelePRESERVE 1934 Commerce Lane, State 1 33458 Jupiter, Florida AREA MANAGEMENT PLAN.doc 561 747 6336 Fax 747 1377 2 Exhibits and Attachments: Location Map Upland Preserve Map Soils Map Upland Preserve Transects and Photo Stations Vegetative Data Sheet Cotleur Hearing 1934 Commerce Lane, SuBe 1 Jupiter, Florida 33456 561 747 6336 Fmc 747 1377 Project #99 -1203 F:\Project Documents \CENTEX\Legends @ Gardens PAMP\Sandtree PRESERVE AREA MANAGEMENT PLAN.doc 13 Attachment 4.5.2 Legends at the Gardens - Vegetation Data Sheet Trees: Shrubs: Herbs: Pefcen4a!e�dBBEi.i.iEi:; :::::::::::::::::: ::::::::::::::::::::::::::::::: 'omments: 1:lpmjectdoc\ne rban%303Wag"atasheetxls Baseline May 180 -Day 360 -Day o � d E d E y E d E m m m 4i m Trees: Shrubs: Herbs: Pefcen4a!e�dBBEi.i.iEi:; :::::::::::::::::: ::::::::::::::::::::::::::::::: 'omments: 1:lpmjectdoc\ne rban%303Wag"atasheetxls Michael J. Sabatello, IV WEST PALM BEACH OFFICE BY HAND Kara Irwin City Planner City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Dear Ms. Irwin: MIMH . I B fl V B I G January 10, 2003 DIRECT DIAL (561) 650 -7953 Email: sabatellom @gtlaw.com Re: Legends at The Gardens by Centex Homes Petition P.U.D.- 02 -04, Parcels 4.01/4.10 I am pleased to inform you that Centex Homes has entered into a written contract with the Sandtree Home Owners Association, Inc. for the preservation of lots 31 through 52 of the Sandtree P.U.D. I have enclosed a copy of this Agreement for your reference and review, along with the draft Conservation Easement for your consideration. In summary, the Agreement provides that, subject to the contingencies set forth therein and City approval, Centex will acquire the lots and dedicate them to the Association subject to the Conservation Easement prohibiting the future redevelopment of the property. Under separate cover today, you should be receiving a copy of the Management Plan for the upland preserve which will provide for in part, the restoration and maintenance of the Sandtree lots. As you will note, in accordance with our contract with the Sandtree Home Owners Association, the Sandtree Home Owners Association will take title to and maintain the lots in perpetuity once Centex Homes has completed their restoration obligations under the Management Plan. We are very excited about this development because it provides for a win - win -win in favor of Centex, the Sandtree Home Owners Association and the City. GREENBERG TRAURIG, P.A. P.O. Box 20629 WEST PALM BEACH, FLORIDA 33416 -0629 561- 650 -7900 FAX 561 -655 -6222 www.gtlaw.com 777 SOUTH FLAGLER DRIVE SUITE 300 EAST WEST PALM BEACH, FLORIDA 33401 YIIAMI NEW YORK WASHINGTON, D.C. ATLANTA PHILADELPHIA TYSONS CORNER CHICAGO BOSTON PHOENIX WILMINGTON LOS ANGELES DENVER FORT LAUDERDALE BOCA RATON WEST PALM BEACH ORLANDO TALLAHASSEE Kara Irwin January 10, 2003 Page 2 If you have any questions or require additional information regarding the foregoing, please do not hesitate to contact me. It is our objective to be before the City Council for a First Reading. Very truly yours, Michael J. Sabatello, IV MJS:sme Enclosures cc: Michael Nisenbaum (via facsimile /w /enclosures) Donaldson Hearing (via facsimile /w /enclosures) Talal Benothman (via facsimile) \ \wpb -srv01 \SABATELLOM\408932v01 \8 RJ801 !.DOC \1 / 10/03 GREENBERG TRAURIG, P.A. A( RNMN'T THIS AGREEWNT ("Agreement') is made and entered into as of this 91h day of January, 2003, by and between CENTEX HOMES, a Nevada general partnership C "Centex'), and SANDTREE ROME OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation (the "Association'). WHEREAS, Center: proposes to develop a residential project within tiro City of Palm Reach Gardens (the "City') called the Legends at the Gardens (the "Legends'), which project is before the City for Site plan approval, and, as part of the development conditions for the Legends project, the City has requested that Centex acquire an undeveloped parcel of land within the Sandtree P.U.D. and dedicate said land to the Association for passive public park purposes; WHEREAS, Centex has entered into that certain Real Estate Purchase and Sale Contract by and between Sandtree, Inc., a Florida. corporation ( "Sandtree'l and Centex Homes, a Nevada general partnership ("Centex ") with an Effective Date of October 25, 2002 C`Sandtree Contract') to purchase lots 31 through 52, inclusive, of Sandtree, P.U.D. (the "Lots'), according to the Plat thereof as recorded in Plat Book 38, Pago 102 of the Public Records of Palm Beach County, Florida (tine "Plat'), as suggested by the City; WHEREAS, the Association is the sole homeowners association governing the property within the Plat and is the owner in fee simple of the two common area parking tracts identified as Parking Tract "E" and Parking Track "F" (collectively the `Imts 'l on the Plat which are dedicated to the Lots for common parldng purposes; WHEREAS, Centex, to secure site plan approval for the Legends project, and, at the suggestion of and subject to the approval of the City, proposes to subject the Lots to a conservation easement and dedicate them to the Association, pursuant to this Agrc==4 WHEREAS, the Association prefers that the Lots remain undeveloped; and WHEREAS, in order to secure benefits for each, and for the City, Centex and the Association desire to enter into this Agreement concerning the Lots and the Tracts (together referred to herein as the "Sandtree Lot'). NOW THEREFORE, in consideration of the mutual covenants and promises herein set forth, ten dollars (S10) and other good and valuable consideration, the receipt and sufficiency of which are hereby aelmowledged, the pasties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein. 2. Agreement as to Sandtreee Lot. Subject to the terms of this Agreetneat and the consent and approval of the City, Centex and the Association agree chat Centex shall convey (or cause to be conveyed) the Lots, together with all easements, privileges, and appurtenances pertaining thereto, if any, to the Association in consideration for the payment of ten dollars ($10.00) (the "Purchase Price') if the City approves and agrees that the disposition of the Lots as provided for herein satisfies the upland preservation requirements for the Legends without modification to the site plan for the Legends, as said site plan was approved by the Palm Batch Gardens Planning and Zoning Commission, and without imposing upon Centex any further cost or obligation. 3. Centex's Deliveries and 11tie. (a) Centex shall, within five (5) business days after the Effective Date, deliver to the Association the following materials! (i) A copy of the existing property, boundary and topographic surveys of the Sandtree Lot, or any portion thereof, in Centex's possession, if any; (ii) A copy of the existing soil, environmental and archeological reports relating to any portion of the Sandtree Lot in Centex's possession, if any; and (iii) A commitment (together with the applicable exceptions) for an owner's ALTA title insurance policy from a reputable title insurance company licensed in the State of Florida insuring the amomt of $50,000 (the "Commitmenr�. The Commitment shall be. endorsed at Closing to show the Association to be vested with good, marketable and insurable fee simple title to the Lots, free and clear of all liens, title defects which render title unmarketable, and leasehold interests and subject only to those covenants, restrictions and easements shown on the Plat or otherwise common to the Sandtree PUD, and those exceptions which do not render title unmarketable. (b) Centex shall, within eleven (11) days after the Effective Date, deliver to the Association the Management Plan (defined below). The Association shall not unreasonably withhold, delay or condition its approval of the Management Plan. 4. Aesoeiaann Ynsoection Period, The Association shall have until 5;00 p.m., eastern standard time on the fifteenth (15) day after the Effective Date of this Agreement (said time period shall be referred to in this Agreement from time to time as the "Inspection Period') to examine the Lots, title to the Lots and all other materials the Association considers relevant and to decide whether they are satisfactory to the Association and, subject to the terms of this Agreement, to make such physical, zoning, land use, environmental and other examinations, inspections and investigations of the Lots or the use or operation thereof which the Association may determine to make. Centex shall have no obligation to take corrective action or expend any money to address any objection to title or the physical condition of the Lots. If the Association does not give written notice to Centex of the termination of this Agreement prior to the expiration of the Inspection Period, the Association shall be deemed (i) to have waived all objections to the physical condition and title to the Property. (ii) to have accepted the Management Plan, and (iii) to have waived their right to terminate this Agreement pursuant to this paragraph. If the Association gives written notice to Centex of its intention to terminate this transaction prior to the expiration of the Inspection Period for any reason whatsoever, then the parties shall be released f om all further obligations each to the other under this Agreement, except for those that expressly survive the termination of this Agreement. 2 S. Association to Take Properly- As k. The Association aelmowledges and agrees that neither Centex nor any of its agents or representatives makes or has made area► representations as to the physical condition, use or operation or as to any other matter or thing affecting or related to the Lots or the Tracts. The Association represents and agrees that its has and will make its own independent investigation and review of the Lots (including without limitation all inspections as to the physical condition and nature of the Lots) and all information provided by Centex (it being agreed that the Association is not relying on any information provided by Centex) and, in the event that the Association takes title to the Lots, they shall take title to the Lots "as is" and `where is" without representation and warranty from Centex. 6. Future use of Sandtree Lot. The Lots shall be conveyed subject to the following as required and approved by the City: (1) a duly executed and recorded perpetual conservation easement (the "Restrictive Covenant") restricting the use of the Lots in perpetuity for conservation purposes, and (ii) a management plan for the Lots providing for the restoration and maintenance of the upland habitat located on the Lots (the "Management Plan'. Centex shall, at its sole cost and responsibility, restorc the upland habitat on the Lots as required by the Management Plan approved by the City ( "Ceutex's Restoration Obligation'), and if Centex conducts any restoration after Closing (defined below), Centex shall indennsify and hold the Association harmless for any loss or damage arising from the initial restoration work to be performed by Centex's under the Management Plan. Once the initial restoration required by the Management Plan has been completed and accepted as such by the City, the Association shall maintain the Lots pursuant to the Management Plan in perpetuity ( "Association's Maintenance Obligation') and Centex shall have no responsibility for the Lots thereafter. It is understood that the Association will continue to own, use and maintain the Tracts and may maintain its existing dumpstera within Parking Tract F and that the Association may, in the future, use a portion of the Tracts and/or Lots for drainage and water retention purposes, subject to the consent of the City and any other applicable governmental agency or body; provided, however, that any proposed use of the Lots and/or Tracts by the Association for drainage or other purposes shall be undertaken by the Association after Closing at the Association's expense and shall have no effect on Centex or the Legends project. The utility and drainage easements referenced on the Plat and in the public records shall continue pursuant to their terms and may be used by the dominant estates without restriction by this Agreement Centex agrees that, after Closing, it will not object to the relocation of the platted drainage easements within the Lots. the use restrictions referenced in this paragraph shall be memorialized by City ordinance or other action (the "City Ordinance') and by affidavit amending the Plat. Centex shall use its commercially reasonable efforts to include a provision in the Management Plan that permits the platted drainage easements to be relooeted provided that the relocation does not result in a net increase in the total number of square feet of the Lots burdened by the drainage easements. 3 7. Contineencies. (a) The Association's obligation hereunder are contingent upon (1) the Association's board of directors approving this Agreement within five (5) days of the Effective Date, and (2) the requisite percentage of association members approving this Agreement and the Association's obligations hereunder pursuant to the requirements of the As¢ociation's governing documents by Febnwy 17, 2003 (the "Association's Contingencies "). The Association's board of directors shall submit this Agreement to the members and call for a vote of the members " soon as permissible under the Association's governing documents and shall pursue the approval of the members of the Association with due diligence in good faith. If these contingencies are not satisfied by the dates set forth above, this Agreement shall automatically terminate and the parties hereto shall be released from their obligations hereunder. (b) Centex's obligations hereunder are contingent upon The occurrence of the following by February 29, 2003. (1) Centex securing the City's approval of this Agreement and the City's agreement that the disposition, use and ownership of the Lots, as proposed herein, satisfies the upland preservation requirements for the Legends without modification to the site plan for the Legends, as said site plan has been previously approved by the Palm Beach Gardens Planning and Zoning Commission, and without imposing upon Centex any further expense or obligation with respect to upland preservation or restoration, (ii) Centex securing the City's approval of a Management Plan acceptable to Centex, in Centex's sole discretion, and which must also be acceptable to The Association (the Association's consent shall not be unreasonably withheld, delayed or conditioned); (iii) Centex securing final site plan approval ibr the Legends acceptable to Centen, in its sole and absolute discretion (the "Site Plan Approval's (which Site Plan Approval shall only be considered final and granted after the City Council has taken final action on the plan and all applicable appeal periods have expired without challenge), (iv) Centex closing on the acquisition of the Lots pursuant to the terms of the Sandtree Contract (or otherwise providing for a direct conveyance of such Lots simultaneous with the Closing hereunder), and (v) Centex closing on the acquisition of the Legends property. If these contingences are not satisfied by February 28, 2003, Centex may terminate this Agreement, or, at its election, extend the date for satisfying the contingencies for a period of up to but not beyond May 29, 2003. If the contingency period is extended and if the contingencies have not been satisfied by February 28, 2003, or the extended date, if extended by Centex, Centex may terminate this Agreement and the parties will be relieved of all obligations hereunder except for those that expressly survive the Closing and/or termination of this Agreement, Centex may waive any of the foregoing contingencies contained in this paragraph 7(b), in its sole discretion. 8, CoQneration. The Association agrees that it and its members strongly support the preservation of the Lots pursuant to the provisions of this Agreement. The Association Shall cooperate with Centex in petitioning the City for approval of this Agreement, and, at Centex's request, shall write the City in support of this Agreement and shall attend any public or private meetings with the City to confirm their support for this Agreement and the proposed preservation of the Sandtree Lot, as set forth herein. To assist. the Association in satisfying the Association's Contingencies by the dates set forth above, Centex shall use its best efforts to, within the Association's contingency period, cause the fee simple owner of the Lots to provide a written consent to any amendment to the Association's declaration reasonably required by the Association to effectuate this Agreement. 9, Proms rations. Real estate and personal property taxes, homeowner's association assessments, and other prorstable items relating to the Lots shall be prorated as of the date of Closing based upon the 2002 bill, unless the 2003 tax bill is available. 10. Cost& Centex shall pay for (i) the cost of the title insurance policy in favor of the Association, (ii) documentary stamp taxes and recording fees applicable to the conveyance, if any, and (iii) the sum of $7,000 to the Association. 11. Cl_ osin Title to the Lots shall be conveyed at the closing (the "Closings) pursuant to this Agreement. The Closing shall take place five (5) days after the satisfaction of all contingencies set forth in Paragraph 7(a) and (b) above, but in no event later than the May 30, 2003. The Closing shall take place at the offices of the attorneys for Centex, Greenberg Traurig, P.A. at 777 S. Flagler Drive, Suite 300E, West Palm Beach, Florida, 33401. (a) Centex shall execute and deliver to the Association (or shall cause Sandtree, as the existing fee simple title holder of the Lots to execute and deliver to the Association the following closing documents: (J) a special warranty deed ("Deed', an appropriate gap, mechanic's lien and exclusive possession affidavit, and a non - foreign affidavit, all concerning the Lots; (ii) appropriate evidence of Centex's (or Sanduee, as the fee simple title holder of the Lots) formation, existence and authority to sell and convey the Property, as may be reasonably required by the title insurance company issuing the Commitment; (iii) the Restrictive Covenant (unless recorded previously by Centex); rv) An affidavit amending the plat to reflect the restrictions of the Restrictive Covenant; (v) An assignment of all of Centex's rights under all of Sandtree's representations, warranties, covenants and indemnity obligations concerning environmental matters and hazardous substances contained in the Sandtree Contract, if any, to the extent permitted under its contract with Sandtree; (vi) such other documents as are reasonably necessary to consummate this transaction. At Closing, the Association, shall execute and deliver such other documents as are reasonably necessary to comply with this Agreement including, but not limited to, an asstmnption of the obligations of the Management Plan. 5 12, Brokers Centex and the Association each represent and warrant to the other that they have dealt with no real estate broker, salesman or finder in connection with this Agreement and/or the properties described herein. 13. Assignment. Neither parry may assign its rights hereunder, provided, however, Centex may assign its right to an affiliate if it so elects. 14. Inspections. The Association and its agent and representatives may inspect the Lots and conduct reasonable tests thereon (excluding soil borings or other invasive tests) as the Association deems necessary during the Inspection Period. If the Association enters upon the Lots for purposes of inspection and making tests and studies thereon, the Association shaU (a) promptly restore the Lots to the previous condition, (b) comply with all laws, (c) not cause injury to the Lots, other properly or persons, (d) maintain a policy of comprehensive general liability insurance with a combined single limit of not less than $12000,000 with a broad form cmltraclual liability endorsement insuring the Association and Centex, (e) keep the Lots free of any liens or encumbrances caused by the Association's inspections and tests, and (f) indemnify Centex, and its officers, directors, employees. agents and affiliates, and hold same harmless from and against any and all claims, demands, causes of action, losses, damages, liabilities, costs and expenses (including, without limitation, attorneys' fees and disbursements), suffered or incurred by same and arising out of or in connection with any activities conducted by the Association on or near the Lots. The provisions of this paragraph shall survive the termination of this Agreement and the Closing. 15. Notices. Any notices required or permitted to be given under this Agreement shall .be in writing and shall be deemed to have been given if delivered by hand, sent by recognized overnight courier (such as Federal Express) or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed as follows: If to the Association to: Donna Lentz 513 Sandtree Drive Palm Beach Gardens, Florida 33403 With a copy to: Kenneth S. Direktor, Esq. Jeffrey A. Rembaum, Esq. Bec. W & Poliskoff 500 Australian Avenue, South, 9a' Floor West Palm Beach, Florida 33401 Telephone. 561- 655 -5444 Facsimile: 561- 832 -8987 if to Ccntox to: Centex Homes, aNevada general partnership 8198 Jog head, suite 200 Boynton Reach, Florida 33437 Attention: David B. Abrams = TeleDhone;____561- 5361000 Facsimile: 561 -536 -1060 With a copy to: Michael Sabatello, Esq. Gireenberg'IYaurig, P.A, 777 S. Flagler Drive, Suit 300E West Palm Beach, Florida 33401 Telephone: 561 - 6507900 Facsimile: 361 -655 -6222 If to Escrow Agent to: Alfred Malefatto, Esq. Greenberg Traurig, P.A. 777 S. Flagler Drive, Suit 300E West Palm Beach, Florida 33401 Telephone: 561-650-7900 Facsimile: 561- 655 -6222 Notices personally delivered or sent by overnight courier shall be deemed given on the date of delivery and notices mailed in accordance with the foregoing shall be deemed given three (3) days after deposit in the U.S. mails. 16. Miseellgpeous. (a) This Agreement shall be construed and governed in accordance with the laws of the State of Florida. In the event of any litigation between the parties under this Agreement, the prevailing party shall be entitled to reasonable anomeys' tees and court costs at all trial and appellate levels, The provisions of this subparagraph shall survive Closing coextensively with other surviving provisions of this Agreement. (b) All of the exhibits attached to this Agreement are incorporated in, and made a part of, this Agreement, (c) Time shall be of The essence for each and every provision hereof, unless otherwise provided. (d) The `Effective Date" of this Agreement shall be the date that this Agreement is fully executed by both parties hereto, (e) Radon . Gas. RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUELDING IN SUFFICIENT QUANTITIES, MA`St' PRESENT BEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE SEEN FOUND IN 13UILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH UNIT. (fl Entire Agreement. TWs Agreement constitutes the entire agreement between the parries and supersedes all other agreements, representations and warranties between the parties, including without limitation Centex's previous agreement to reimburse the Association for its legal fees as set out in that certain letter from Ceuteac to the Mr. Rembaum 7 dated December 19, 2002. This Agreement may not be changed, altered or modified except by an wstnuaent in writing signed by the parry against whore enforcement of such change would be sought. This Agreement shall be binding upon the parties hereto and their respective successors and assigns (g) Attorneys' Fees. In the event it becomes necessary for either parry hereto to file suit to guforcc this Agreement, the parry prevailing in such suit shall be entitled to recover its reasonable attorneys' fees incurred in such suit. The provisions of this paragraph shall survive the Closing for so long as any provision of this Agreement or of the closing doeutnents. (h) keme ies. If the Association fails to perform under this Agreement, Centex shall have the right to seek specific performance of this Agreetent without thereby waiving any other rights or reuaedws available to it. (i) Coun ans. This Agreement may be executed by facsimile and in counterparts. A facsimile siguature shall be considered = original for 411 purposes. All counterpart instruments shall be considers one imu- tunent. MCUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting only one agraement. CENTEX: C"T-EX HOMES, a Nevada general partnership By: CENTEX REAL ESTATR CORPORATION, a Nevada corporation, managing general partner ay: Print N Title: Date: ! a . 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'J Mull# Sa"m •:•�'� — •`� .. � < � � NO � ��9 e c�.on'�awia SSWOH XS1N 7 VNVAV3 �ySNOIlH/�313 oUN 3;413H XSESM SH30WO 3HL IV SUND31 V-NVAV3 SNOIIVAA13 ,� � ?ii0�4 � __ __._n ag ! g| f [ [SI9:;W0:H x■iN■ M IS-JIV13a «'soa]e| E= .s � - a&\ ` / 2 = \ k ) y ) > . ]$ § >§) /3§ §) (! \ : iL 8 m / @ \ § \ ] o > 2 G /: a � ` : ' • � ` \ 3 r ? \ • ' / l \ \ ` ) m § } . _ ` z o I ) ®■} a8; > CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 3, 2003 Meeting Date: February 20, 2003 Ordinance 9, 2003 Subject /Agenda Item: Ordinance 9,2003: Burns Road Community Recreation Campus Rezoning and Site Plan Improvements First Reading: Emily O'Mahoney, of Gentile, Holloway, O'Mahoney & Associates, Inc., agent for the City of Palm Beach Gardens, is requesting approval of the rezoning of 15.9 acres of land from Public /Institutional (P /I), with a portion being Conditional Use Overlay, to a Planned Unit Development (PUD) Overlay, which includes site plan improvements and renovation of a 3,273 square -foot building at the Burns Road Community Recreation Campus. The site is located at the southeast corner of Military Trail and Burns Road. [ X ] Recommendation to APPROVE with waivers and conditions [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA City Council Acftion: Growth Management: [ ] Approved Principal Planner Costs: $ Talal Benothman, AI Project Total [ ] App. w/ conditions City Attorney Z-9/ Manager Leonard Rubin, esq. Jackie Hol an $ [ ] Denied Development ''( C b(i Planner Current FY Compliance [ ] Continued to: Bahareh Wolfs, AICP Funding Source: [ ] Operating Submitted by: Advertised: Attachments: M43 Growth M a e t • Table 1 Administra r Date: [ X ] Other NA • Applicant's Statements Charles K. u, AICP Paper: • DRC Comments Budget Acct. #: • Traffic Statement [ X ] Not Required NA • Location Map Reduced Plans, Approve4b. Renderings City Man Ronald M Affected parties: [ ] Notified [ X ] Not Required Date Prepared: February 3, 2002 Meeting Date: February 20, 2003 Ordinance 9, 2003 BACKGROUND Burns Road Community Recreation Campus is an existing 15.9 -acre public recreational facility that received site plan approval in 1981. The site presently includes a 21,233 square -foot recreational building, a 2,962 square -foot pool facility, 60,857 square -foot lake /retention area, a tot lot, racquet ball courts, jogging trail, exercise stations, and picnic areas. There is also one 3,273 square -foot building, which is proposed for renovation for a senior annex building. The Burns Road improvement project has affected this site by removing existing parking and changing both entrances to the park. A large retention pond was constructed recently at the northwest corner in conjunction with the Burns Road improvements. CONCURRENCY The applicant has provided a trip generation analysis that compares the trips generated by the existing development versus the potential trips generated by the proposed development. This analysis shows that the proposed development has the potential of decreasing the amount of approved traffic because of the demolition of a 2,513 square -foot church on the site last year. LAND USE & ZONING The entire site has a future land -use designation of Recreation Open Space (ROS) and a zoning designation of Public /Institutional (P /I). A Conditional Use (CU) Overlay exists on the adjoining Westminster property on the west side of the site. Please see attached Table 1 for details of the surrounding properties. PROJECT DETAILS Proposed Site Improvements The recently procured Westminster site has been added to the existing community recreation facility, which includes a large recreation building, swimming pool, and one mile of jogging trail. One 3,273 square -foot building on the Westminster site is being refurbished as an annex for adult recreational activities. Five shuffleboard courts, three bocce ball, and six horseshoe courts are also being proposed. Nine single picnic shelters with barbeque grills are proposed along with a large group shelter near the playground. The jogging trail is to be adjusted and refurnished, and an additional hard surface trail is being added, with the final configuration being a one -mile trail. The existing exercise area has been relocated from the west side of the park to the east side. A new 70 -space parking lot is proposed in conjunction with the adult activities annex building (Westminster site). The existing parking lot is proposed to be reconfigured and resurfaced, and curbing will be added around each landscape island. The existing pool complex 2 Date Prepared: February 3, 2002 Meeting Date: February 20, 2003 Ordinance 9, 2003 and community recreation building are not proposed for refurbishing, except for some landscape improvements. Westminster Building Architecture & Colors The north and south elevations of the existing Westminster building will feature entryways with scored concrete patios with canopies above. The east elevation will offer access to a restroom facility from the outside. The building colors will be MAB Paints 101 Oyster White with 5899P Camellia trim to match the Palm Beach Gardens Municipal Complex. The canopy roofs will be a pearl light gray, the roof deck will be RAL 7035 light gray, and the beams and columns will be Benjamin Moore #2134 -60 "whitestone." No changes are being proposed for the existing community center at this time. Sinae The City Code allows up to three monument signs for the site, and the applicant proposes to install all three signs at the locations indicated on the site plan. One sign will be located on Military Trail approximately 440 feet south of Burns Road; the second will be located on Burns Road approximately 515 linear feet from Military Trail; and the third will be located also on Burns Road at the eastern end of the site approximately 690 feet from the previous sign. All project signage will match the color, style, and design of the existing Municipal Complex signage. All proposed ground signs will comply with the required 15 -foot setback from the right -of -way. Landscaping /Buffering The project site exists today with many large and mature trees, and efforts are being made to save desirable vegetation. One tree will be removed from the proposed shuffleboard court location, and the only other trees to be removed will be those that are dying or prohibited, such as Carrotwood trees. The applicant is requesting that the area around the Annex building with its new parking area be treated as a site plan/landscape plan that will be implemented at one time. The remainder of the site is being considered a Master Landscape Plan to be implemented in stages as monies are budgeted or trees are donated. All proposed plant material is consistent with the character of the current site, which features Oaks and Pines. The intent is to provide more canopy trees on the site. Light poles have been lowered to allow for existing and future canopies. Groundcovers and shrubs have been limited to foundation plantings, parking lot buffering and pedestrian control for protection from the canal bank and Burns Road/entry drive (from the Tot Lot). 3 Date Prepared: February 3, 2002 Meeting Date: February 20, 2003 Ordinance 9, 2003 Art in Public Places A large sculpture already exists on the east side of the site, and this area will be enhanced with additional plantings. No new vertical construction of buildings is proposed on the site with this application; therefore, no additional artwork is required at this time. The estimated maximum building construction cost for the Community Center is $600,000; therefore, it does not equal or exceed the $1,000,000 threshold requirement for the provision of art in public places. Drainage The applicant has provided a drainage statement which says the site drainage system for this project will be designed to meet the requirements of the South Florida Water Management District and the City LDRs and to provide a legal positive outfall meeting the adopted Level of Service. The applicant states water quality will be provided for the runoff from the Annex Building and new parking by using exfiltration trench prior to discharge to the Thompson River. Water quality will be provided for the remainder of the site by utilizing shallow dry detention basins. The site will qualify for a "No Notice" permit because of the small amount of impervious area being added and because water quality is being provided for the entire site. Parking The applicant proposes 192 parking spaces of which six are required to be handicap spaces. However, because of the historical attendance requirements and the proposed annex facility, 20 handicap spaces are being provided. Table 33 of Section 78 -345 of the LDRs does not specifically address the parking requirements for a public park; therefore, parking was determined based upon the various facilities to be provided on site. As required by Section 78 -414 of the Land Development Regulations, the site plan provides for 42 bicycle parking spaces, or 20% of required parking. LiAting Outdoor lighting is being provided for the entire site. The existing light poles and lighting will be removed. All parking lot lighting will be implemented with the initial improvements as required by Code. The proposed lighting for the jogging trail is being considered a Master Plan item to be addressed in the near future. All lighting levels will be a minimum of .6 foot - candles. The plan and lighting scheme were developed with the City's Police Department and CPTED principles. By having the park lit 24 hours a day, the Police Department will be able to better protect the facilities. This proactive 4 Date Prepared: February 3, 2002 Meeting Date: February 20, 2003 Ordinance 9, 2003 approach will reduce vandalism and promote the safety of park users. All parking lot lights will be at a height of 14 feet in order to fit beneath existing and future tree canopies; 48 -inch tall bollard lighting will be featured along the jogging trail; trail post lights will be 12 feet tall; and sports lighting will be 20 feet tall. Uplighting will be provided at the public art area. . Waivers The applicant is requesting waivers from Sections 78- 364(a), Loading Spaces, and Section 78- 315(b), Landscaping and Screening for Vehicular Parking Spaces, of the City's LDRs as shown below: Code Section Required Proposed Waiver Recommendation Section 78- 364(a) 1 0 1 Approval (1) Number of Loading Spaces Required Section 78- 315(b) Every 9 14 parking spaces in 4 Approval (2) Landscape Islands parking 4 rows with no landscape spaces landscape island islands (1) All buildings on the site total 27,468 square feet, which requires one loading space under the Code. Staff agrees with the applicant that the service area behind the existing community building, which is used for parking City vehicles, could be modified if needed for loading and unloading on special occasions. No loading or unloading is anticipated at the new annex building. (2) Staff agrees that the parking lot is heavily canopied with mature oak trees in the four areas where the 14 parking spaces in a row occur. To install additional landscape islands in these areas would create crowding with the existing trees. DEVELOPMENT REVIEW COMMITTEE City Engineer Comments Relative to the photometric plans, the City Engineer proposes a condition of approval to limit spillover of lighting onto adjacent residential properties to 0.5 foot - candles. 5 Date Prepared: February 3, 2002 Meeting Date: February 20, 2003 Ordinance 9, 2003 Seacoast Utilities The applicant was asked to revise the survey, master site plan, and landscape plan to reflect all existing utility easements, and the applicant has done so. Police Department The applicant has adequately addressed comments from the Police Department relative to several CPTED principles. Fire Rescue The applicant responded to comments by the Fire Rescue Department by revising the site plan to facilitate emergency vehicles within the proposed Annex parking lot. City Forester The City Forester has no outstanding issues or comments. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission held a public hearing for the subject petition on January 28, 2003, and voted 5 -0 to recommend approval of the petition to the City Council with two waivers and two conditions. The Commission requested that the two handicap parking spaces in the second row of parking in front of the main building be moved to the handicap parking area directly in front of the main building. The applicant has submitted revised plans reflecting this change. STAFF RECOMMENDATION Staff recommends approval of Ordinance 9, 2003, with two waivers and two conditions. G ,I EXISTING USE Subject Property Public Recreation Center North Fire Station #1 and PBG Municipal Complex South Residential Public or Institutional (P /I) Public or Institutional (P/I) Residential High (RH) and Residential Medium (RM) Date Prepared: February 3, 2002 Meeting Date: February 20, 2003 Ordinance 9, 2003 Recreation Open Space (ROS) Public (P) and Recreational Open Space (ROS) Residential High (RH) and Residential Medium (RM) West Military Trail & Residential Medium (RM) Residential Medium (RM) Residential East Weiss School Research and Light Industrial Industrial (1) (M1) G /Jackie /Burns Road /stf rept PUD -02 -12 CC 02 20 03.doc 7 Date Prepared: February 7, 2003 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 9, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE REZONING OF APPROXIMATELY 15.9 ACRES OF CITY -OWNED LAND FROM PUBLIC/ INSTITUTIONAL (P/I), WITH A PARTIAL CONDITIONAL USE OVERLAY, TO A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING OF PUBLIC /INSTITUTIONAL (P /I), KNOWN AS THE BURNS ROAD COMMUNITY RECREATION CAMPUS, AND APPROVING SITE PLAN IMPROVEMENTS AND RENOVATION OF A 3,273 SQUARE -FOOT ANNEX BUILDING, LOCATED AT THE SOUTHEAST CORNER OF MILITARY TRAIL AND BURNS ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Gentile, Holloway, O'Mahoney & Associates, Inc., agents, have submitted an application (PUD- 02 -12) on behalf of the City of Palm Beach Gardens, for approval of the rezoning of approximately 15.9 acres of City -owned land from Public/Institutional (P /I), with a partial Conditional Use (CU) Overlay, to a Planned Unit Development (PUD) Overlay with an underlying zoning of Public /Institutional (P /I), and for approval of site plan improvements and renovation of a 3,273 square -foot annex building located at the southeast corner of Military Trail and Burns Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the subject site is currently zoned Public /Institutional (P /I) and has a land -use designation of Recreation Open Space (ROS), with approximately 3.97 acres having a Conditional Use (CU) Overlay; and WHEREAS, on January 28, 2003, the City's Planning and Zoning Commission held a public hearing and recommended approval of the petition, including waivers and conditions of approval; and Date Prepared: February 7, 2003 Ordinance 9, 2003 WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED 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 Ordinance upon adoption hereof. SECTION 2: The City Council hereby approves the rezoning of an approximately 15.9 -acre parcel of land from Public /Institutional (P /I), including a 3.97 -acre parcel of land with a Conditional Use Overlay, to a Planned Unit Development (PUD) Overlay with an underlying zoning of Public/Institutional (P/I), known as the "Burns Road Community Recreation Campus," for property located at the southeast corner of Military Trail and Burns Road as described in Exhibit "A" attached hereto and incorporated herein. The City Council also approves site plan improvements and the renovation of a 3,273 square -foot annex building, located at the southeast corner of Military Trail and Burns Road. SECTION 3: Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Prior to issuance of the first Certificate of Occupancy, the applicant shall be required to shield all light fixtures within the recreational areas from direct glare onto the adjacent residential properties. In addition, the applicant shall limit spillover to 0.5 foot - candles at the nearest residential property line. (City Engineer) 2. Required digital files of approved plat in its entirety transformed to NAD 83 State Plan Coordinate System shall be submitted to the Planning and Zoning Division prior to issuance of the first building permit. Approved civil engineering as -built design and architectural drawings shall be submitted to the Planning and Zoning Division prior to issuance of the first Certificate of Occupancy. (GIS Manager and Development Compliance) SECTION 4: City Council hereby grants the following waivers with this approval: A waiver from Section 78- 364(a), Loading Spaces, which requires one loading space, to allow for no loading spaces; and 2. A waiver from Section 78- 315(b), Landscape Islands, which requires a landscape island every nine parking spaces, to allow for 14 parking spaces in a row to occur at four locations in the existing parking area. SECTION 5: Site plan improvements and renovations to the 3,273 square -foot annex building at the Burns Road Community Recreation Campus shall be in compliance with the following plans on Date Prepared: February 7, 2003 Ordinance 9, 2003 file with the City's Growth Management Department: Master Site Plan Sheets SP -1 and SP -3 dated January 31, 2003; SP -2 and SP -4 dated January 10, by Gentile Holloway O'Mahoney & Associates. 2. Master Landscape Plans Sheets LP -1 dated January 31, 2003; LP -2 and LP -3 by Gentile Holloway O'Mahoney & Associates, dated January 10, 2003. 3. Paving, Grading and Drainage Plan Sheet 11 dated January 31, 2003; Site Demolition Plan Sheet 3, Boundary Survey Sheet 4; Sheets 10, 12, 13, and Details Sheet 19 by LBFH, Inc., dated January 10, 2003. 4. Photometrics Plans I, H, III, and IV (Sheets E -1, E -2, E -3, and E -4, respectively) by C &W Engineering dated January 10, 2003. 5. Boundary Survey by Charles H. Anderson, Professional Surveyor & Mapper, dated July 25, 2002. 6. Lakeside Building Floor Plan A1.01 and Building Elevations Sheet A4.0 by Oliver - Glidden & Partners dated January 10, 2003. 7. Roof Plan Sheet A3.0 of 11 by Oliver- Glidden & Partners dated November 18, 2002, revised January 10, 2003. Lakeside Building Exterior Finish Schedule Display Board by Oliver - Glidden & Partners dated November 20, 2002, and received January 10, 2003. SECTION 6: 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 7: This approval expressly incorporates and is contingent upon representations made by the applicant's agents at all workshops and public hearings pertaining to this project. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9: This Ordinance shall become effective upon the day of adoption. PASSED, FIRST READING this PASSED, SECOND READING this PASSED, ADOPTED AND APPROVED this SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO GM on Pbg/JHolloman/folder Burns Road Rec Campus /PUD0212 Ord I'reading..doc 4 Date Prepared: February 7, 2003 Ordinance 9, 2003 day of 52003. day of , 2003. day of 52003. COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT EXHIBIT "A" LEGAL DESCRIPTION ORB. 2695, PG. 1485 THE WEST HALF OF THE SOUTHEAST QUARTER, SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, LYING NORTH OF THE THOMPSON RIVER AND SOUTH OF BURNS ROAD, LESS THE WEST 354.34 FEET THEREOF, AND ALSO LESS THE EAST 25 FEET OF THE WEST 392.34 FEET OF THE SOUTH 25 FEET OF THE NORTH 142 FEET OF THE SOUTHEAST QUARTER SECTION 12, TOWNSHIP 42 SOUTH RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA ORB. 9797, PG. 1957 A PARCEL OF LAND SITUATE IN SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PA BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 12; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 354.34 FEET; THENCE SOUTHERLY PARALLEL TO THE WEST Ll OF SAID SOUTHEAST QUARTER, A DISTANCE OF 608.24 FEET THE PROPOSED NORTHERLY RIGHT -OF -WAY LINE OF THE THOMPSON RIVER; THENCE WESTERLY MAKING AN ANGLE �N THE PRECEDING COURSE OF 89 DEGREES 59' 50 ", MEASUREC- FROM NORTH TO WEST, AND ALONG SAID PROPOSED NORTHE RIGHT -OF -WAY LINE, A DISTANCE OF 354.34 FEET, MORE OF LESS , TO A POINT IN THE WEST LINE OF SAID SOUTHEAST, QUARTER; THENCE NORTHERLYpyALONG SAID WEST LINE OF Is 4OUTHEAST QUARTER, A DISTANCE OF 608.07 FEET, MORE "0 ."LESS TO THE POINT OF BEGINNING. LESS THE WEST 53 FEET THEREOF FOR THE RIGHT -OF -WAY OF MILITARY TRAIL AND LESS THE NORTH 30 FEET THEREOF FOR THE RIGHT -OF -WAY OF BURNS ROAD. SUBJECT TO AN EASEMENT OF PUBLIC UTILITIES OVER THE SOUTHERLY 12 FEET THEREOF; ALSO , LESS THE FOLLOWING DESCRIBED PARCEL OF LAND; BEING A PARCEL OF LAND LYING IN THE SOUTHEAST ONE QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT 'I INTERSECTION OF THE SOUTH RIGHT -OF -WADY LINE OF BURNS ROAD (60 FOOT RIGHT -OF -WAY) AND THE EAST RIGHT -OF -WAY LINE LINE OF MILIT�te' RAI � (S.R. 809); THENCE SOUTH 88'05'00" EAST, A ID UTH RIGHT -OF -WAY LINE OF BURNS ROAD, A DI`T�OF 24_98 FEET; THENCE DEPARTING SAID SOUTH RIGHT -OF -WAY LINE, SOUTH 46'56'40" WEST, A DISTANCE OF 35.34 FEET TO THE SAID EAST RIGHT -OF -WAY LINE OF MILITARY TRAIL, SAID EAST RIGHT -OF -WAY LINE BEING EAST 53.00 FEET FROM THE CENTERLINE OF MILITARY TRAIL AT THIS POINT; THENCE NORTH 01'58'20" EAST, ALONG SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF 24.98 FEET TO THE POINT OF BEGINNING. CONTAINING 312 SQUARE FEET OF 0.007 OF AN ACRE, MORE OR LESS, THE ABOVE DESCRIBED PARCEL BEING PART OF THE PREMISES DESCRIBED IN OFFICIAL RECORD BOOK 4531, PAGE 1521 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA CONTAINING IN ALL 3.97 ACRES, MORE OR LESS. GENTILE George G. Gentile. FASLA • HOLLOWAY M. Troy Holloway. ASV, OWAHONEY Emily O'Mahoney, A5LA d A550CIAi E5. INC Landscape Architect!5 Flanner5 and Environmental Consultants - LC- 0000177 January 10, 2003 Jackie Holloman, Planner Growth Management Department Ci1yOF PAL M BEACH 10500 North Military Trail GARDENS ; � I City of Palm Beach Gardens, FL 33410 561- 799 -4237 FAX: 561 - 799 -4281 PAV4,68 E -mail: JHolloman @pbgfl.com "N�DO Dear Ms. Holloman, Thank your for reviewing our project. The following is our response to the comments provided by different departments of the City of Palm Beach Gardens. Please feel free to contact us with any further concerns. Engineering Comments —,Sean Donahue, P.E. •1. The applicant needs to highlight all changes and proposed additions to the site ,on the site plan, and, clearly designate all applicable existing features. A Demolition Plan has been added to clarify these issues. N 2. The City should be aware that the calculations shown in- the Parking Data section of the Site Plan Tabular do not utilize the ratios specified yin Table 33 of Section 78 -345 of the City's LDRs. The ratio shown in the Site Plan Tabular uses an acreage based on Trails and Paved areas, which is not a common standard. We have no other engineering concerns with the number used. This has been further addressed in the Statement of Use.: j- 3, The 191 spaces provided in the Parking Data section of the Site Plan Tabular does not correspond with the 195 counted on Sheet SP -1 of the Master. Site Plan.': Also, the group of spaces north of the Racquet Ball courts list 10 spaces and count -9. The applicant needs to revise these discrepancies on the plans. These changes are now reflected in the updated plans, `4. The 5 percent ratio 'of bicycle spaces..pt•ovided in the Parking Data section of the Site Plan. Tabular does not correspgnd with -the 20 percent required as specified in Table 38 of Section 78=414 of the City's LDRs. The applicant needs to revise the plans in accordance with the City's LDRs. Bike racks have been added and labeled to meet this requirement. 1907 Commence Lane, Suite 101 Jupiter. Florida 33458 561- 575 -9557 �. 561 -575 -5260 FAX www.land5cape- archltects.com - Burns Road Community Recreation Campus Page 2 of 6 January 10, 2003 5. There are no loading spaces shown for any of the facilities shown on the Site Plan. The applicant needs to either revise the plans to provide loading spaces in ,accordance with Section 78 -364 of the City's LDRs, or submit a waiver requesting deviation- from this requirement. The waiver will be subject to approval by the City Council. Please note that we will remain in support of the City's LDR requirements. We are requesting a waiver in the Statement of Use for this item. 6. The applicant needs to provide the total length of the Handicap Parking Detail shown on sheet SP -4 of the Site Plan. The dimensioning has been. clarified. 7. There are no curb radii shown for the western new entry along Burns Road. The applicant needs to provide this. information in accordance with Section 78 -508 of the City's LDRs. Also, all entrances and drive aisle turns must accommodate Fire Station' vehicle requirements of a 25 -foot inside radius and a 45 -foot outside radius. The entrance%xit ways are being designed and executed under the Burns Road West contract. • 8. Thy a pp licant shows 5 -foot by 15 -foot safe sight triangles at the western new en try on,Burns Road and the entrance on Military Trail. However, the applicant needs to use FDOT sight, specifications for the Military Trail entrance, and a 20 -foot by 20 -foot triangle for the Burns R-oad entrances. The applicant needs to revise the-plans to show these changes. The sight triangles have been revised. For the Military Trail entrance%xit we are using a distance of 840'x 20' setback from travel lane. 9. The applicant needs to include on the Site Plan the Weiss School Parking Plans connecting to the eastern Burns Road entrance. The plans should also include the median and road shoulder, landscaping proposed for Burns Road. The site plans.now show the Weiss School improvements. 10. The applicant needs to provide stop signs and stop bars at both Burns Road entrances. Please refer to site plan sheets for further detail addressing all vehicular signage. 1-1. The applicant needs to-provide a pavement cross- section for the new or refurbished parking. A pavement cross - section has been provided on the engineering plans. 12. The Site Plan shows groups of 14 parking spaces in a rpw with no landscape island. The applicant needs to revise the plans to provide the minimum requirements described by Section 78 -315 of one landscape island for every rrine spaces in a= -row. Also, the applicant must include landscaping island dimensions in accordance with the size and area • specifications of Section 78 -315. i -i. Burns Road Community Recreation Campus Page 3 of 6 January 10, 2003 We are requesting a waiver from this requirement due to the mature nature of the tree canopy. 13. The Drainage Statement lists that design criteria will meet SFWMD and City regulations, however, the applicant needs to provide more specific information regarding project and drainage requirement detail. A Grading -& Drainage Plan has been added to the submittal to address these items. 14. The applicant needs to revise the Photometric Plan to provide a minimum of 1.0 foot candle in all vehicle use areas according to Section 78 -182 of the City's LDRs. Also, the City's LDRs do not address sports lighting, however, we recommend the following Development Order condition of approval, "The applicant is required to shield all light fixtures within the recreational areas from direct glare onto the adjacent residential properties. -In addition, the applicant shall limit spillover to 0.0 foot - candles at the nearest residential property line." The Lighting Plans have been revamped to address all of the items above. Included are lighting photometrics for the jogging trail. There is a minimum .6 foot - candle provided. - • Seacoast Utility Authority— Bruce Gregg \ The applicant needs to revise the survey, master site plan and landscape plan to reflect all existing utility easements. I The Seacoast utility easement has been added to the above mentioned plans with applicable changes. Police Department — Lieutenant Spencer 1. Install pedestrian scale — metal halide or quartz halogen interactive lighting in combination with the proposed bollard lighting for the trail, {please refer-fo the lighting report completed. for City engin'er Sean Donahue). Lighting placed along the south side of the campus should be designed to minimize lighting glare to the residents on the south _side of the Thompson River. The pathway lighting has been revised after the lighting meeting with Lt. Spenser in December. It is primarily a decorative 12' pole system now for consistent cost effective lighting. The primary pedestrian path from the old parking to the new parking via the pool area,has 'an alternating pole and bollard scheme for accent. 2. Install elevated crosswalks to connect side -walks that cross the parking lots for increased pedestrian safety and as a traffic calming device. ^ Burns Road Community Recreation Campus Page 4 of 6 January 10, 2003 i Crosswalks have been added to the site plan. The crosswalks are proposed to be delineated in raised thermal striping only. Since there is less continuous movement in the new plans- versus the existing plan, it will add to slower vehicular movement. 3. Install a deceleration lane at the Burns Road curb cut for eastbound vehicular traffic entering the campus. /I This avenue was explored during the design of the Burns Road widening project. The City's engineer reports that there is not enough room to execute this item. The extra capacity of a 4 lane road should alleviate or lessen ' the need for a turn lane. In addition, there are now two entries into the park from Burns Road. 4. Maintain the current traffic flow of one way in,and one way out. Install directional arrows to aid motorist with traffic circulation. After careful consideration, the applicant proposes that the existing entry (relocated) be an entry and a right turn out. The major, traffic flow will come in and out -of the new signalized intersection at the Weiss School. The original exit has been eliminated. Due to the proposed addition of traffic lanes, the easier maneuvering will occur at the signalized intersection. Striping and markings have been added to the site plan to indicate the= traffic movement proposed for the refurbished facility.- The biggest difference will be the . one -way movement in front of the building. Cars entering the site from the signalized intersection will traverse the northern edge prior to heading south to park or drop -off. 1 /y 5. Install a security alarm for the Annex building. The Annex building will not have a security alarm as little of value will be kept there. Police Department— Officer E. Lovejoy 1. Metal halide lighting shall be used. This is the; light source specified for all fixtures. 2. Lighting locations should not conflict with landscaping (to include long term tree canopy growth). All the lighting posts have been designed with short pole heights and more poles to compensate for the existing and future canopy. The poles are being set at.the � 12' height along the trail so as to get under existing canopy. 3. Landscaping should not block view of windows and walkways. Landscape proposed on these plans has very little -shrub and groundcover material proposed. This is primarily for visibility through the site. Shrubs have been provided Burns Road Community Recreation Campus Page 5 of 6 January 10, 2003 as foundation plantings for both buildings and as a pedestrian control feature. Shrubs separate the,tot lot from vehicular traffic movement and pedestrians from the steep canal bank. The foundation planting around the Annex Building is all very low material with some accent plants. 4. Building lighting (non- glare) should be around "perimeter of all sides and on pedestrian sidewalk surrounding the. building.. There is lighting all around the building with the parking, trail and sidewalk lighting. - 5. All perimeter doors should be equipped with hinges that utilize non - removable hinge pins. This will be provided. 6, All strike areas of perimeter doors should be equipped with a reinforced, case hardened strike plate. This will be provided. 7. Glass perimeter doors should be equipped with case hardened guard rings to protect the mortise lock cylinder. • This will be provided. 8. Building should have an alarm system. The Annex building will not have a security alarm as little of value will be kept there. 9. Numerical address: a. Should be - illuminated for nighttime visibility. \ b. Should have bi- directional visibility from the roadway: The numerical address is on the signs (two sides) and will be lit. Please advise if further designation is required. _ 10. Lighting should be provided for entrance sign. Lighting will -be provided for the three entrance signs. 11. Adequate lighting should be provided for the jogging trail, pedestrian walkways and bench areas. Lighting has been provided for the trail /pedestrian areas. Photometrics have been calculated so the lighting meets the minimum .6 foot - candle brightness. 12. All recreational areas should be provided with adequate lighting. All of the other recreational areas have been lit with the exception of the horseshoe courts. The tot lot, the exercise area, the shuffleboard and the, bocce courts are all • lit., - Burns Road Community Recreation Campus Page 6 of 6 January 10, 2003 • Fire Rescue Department — Deputy Chief Fetterman 1. To facilitate Emergency vehicle access, the radiuses for the curbs within the'Annex parking lot need to be increased, from 10 ft. to 20'. The radii have been changed and 3 parking spaces eliminated. Urban Forester — Mark Hendrickson 1. Support all waivers and there are no recommended condition$. If we can be of any further-help or address any other issues, please feel free to contact us. Sihcerel� • 4y'�ahoney, ASLA Sr. Vice President • • • MTP Group, Inc. 12798 Forest Hill Boulevard, Suite 303 Wellington, R 33414 -4704 Phone: /561) 795 -0678 Telefax: (561) 795 -0230 January 7, 2003 Sean C. Donahue, P.E. Assistant City Engineer City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Burns Road Community Center Dear Mr. Donahue: CITyOFPAtlj8E GARDENS DEPT Burns Road Community Center is a development located on the southeast corner of Military Trail and Burns Road directly across from the City Hall. The existing development contains a 12.9 acre park, a 24,500 square -foot community center, and a 3,188 square foot annex building. Access to the site is provided through two driveways along Burns Road. The City of Palm Beach Gardens has recently purchased a 3.8 -acre site which is incorporating into the existing development. This 3.8 acre site included a 2,513 square -foot church which was demolished last year to accommodate the proposed Burns Road Community Center expansion. The additional acreage will be incorporated into the park. The following table summarizes existing and proposed land uses: Land Uses Existin Proposed ��Chan2e Community Center 24,500 Square Feet 24,500 Square _ Annex Building 3,188 Square Feet Feet Park 12.9 Acres 3,188 Square Feet 3.8 Acres Church 2,513 Square Feet 16.7 Acres (2,513 Square Feet) 0 This study compares the trip generation potential of the existing development versus the trips generation potential of the proposed development. The trip generation characteristics of the development have been determined using the official daily trip generation rate contained in Sec. 10.8 Fair Share Road Impact Fees of the Palm Beach County Land Development Code. The attached Table presents the trip generation rates used in the analysis as well as the trip generation potential of the proposed development. Trip generation for both the Community Center and the annex building has not been included as there are no modifications to these land uses. • Sean C. Donahue, P.E. Bums Road Community Center January 7, 2003 Page 2 of 2 As shown in the attached table, the proposed development has the potential of decreasing the amount of approved traffic. Therefore, this project meets the requirements of both Palm Beach County and City of Palm Beach Gardens Traffic Performance Standards. Should you have any questions about this project, do not hesitate to give us a call at (561) 795- 0678. Sincerely, AfTP Gro ;I ?c. E 1 i Otloglo3 Maria M. Tejera, P.E- • President Florida Registration Number 44095 Attachments: Trip Generation Table C:\mtp\BumsRoadConimunityCenter.wpd • • • 07 -Jan -03 Burns Road CommunityCenter.TripGen.gpw TRIP GENERATION Burns Road Community Center Trip Generation Rates Land Uses Daily AM Peak Hour PM Peak Hour PM Peak Hour Total In Out Land Use Daily Total In Out Total In Out Proposed Development Park (16.7 Acres) 38 0 0 0 1 0 1 Total Existing 38 0 0 0 1 0 1 Existing Development Park (12.9 Acres) 29 0 0 0 1 0 1 Church (2,513 Square Feet) 23 2 1 1 2 0 2 Total Proposed 52 2 1 1 3 0 3 Net Trips (14) (2) (1) (1) (2) 0 (2) Trip Generation Rates Land Uses Daily AM Peak Hour PM Peak Hour Total In Out Total In Out Church (ITE 560) Park (ITE 412) 9.11 2.28 0.72 54% 46% 0.01 80% 20% 0.66 54% 46% 0.06 41% 59% MTP Group, Inc. 12796 Forest Hill Boulevard, Suite 303 Wellington, Florida 33414 Burns Road Community Recreation Campus Pg. 1 of 3 • Burns Road Community Recreation Campus Statement of Use January 8, 2003 Burns Road Community Recreation Campus (BRCRC) is the new name for the existing Burns Road Community Center with the addition of the recently acquired Westminster Parcel. The complex is located at the southeast corner of Burns Road and Military Trail. This project is a comprehensive refurbishment of the existing facility (excluding buildings) with new facilities and recreation opportunities provided at the Westminster Parcel. The Planning and Design Team assembled for this project by the City of Palm Beach Gardens includes Engineers (LBFH, Inc.); Landscape Architects /Planners (Gentile Holloway O'Mahoney & Associates, Inc.); Architects (Oliver Gliden & Partners); and Electrical Engineers (C & W Engineering, Inc.). The total project site is approximately 15.91 acres in size. The current site hosts a 21,000 square foot recreation center, a public pool complex with associated buildings, an approximately one mile jogging trail, a playground /tot lot and a parking lot with about 100 spaces. The Burns Road improvement project has affected this site by removing existing parking and changing both entrances to the park. Currently there is temporary grass parking to compensate for the loss. The Westminster site has a large retention pond recently constructed to handle the Burns Road improvement drainage demands. One small building (3,273 square feet) has remained after the demolition of the church • that used to occupy the site. There is also a metal canopy at the site which is proposed to be relocated off site. The City has procured a grant to aide in developing the additional land. To fulfill the grant, the project is proposing the addition of 3 Bocce Courts, 5 Shuffleboard Courts, 6 Horseshoe Courts and public restrooms. Two of the eight proposed picnic areas are being provided under the grant. Due to the nature of the additional improvements and the impacts needing to be addressed from the Burns Road improvements, this project is being treated as a master plan for the total site. The existing parking lot is being reconfigured and resurfaced along with addressing certain code items concerning the curbing of islands. Several areas of the jogging trail have had to be modified. The.final configuration is a one mile trail. Due to comments received from the public, the Parks and Recreation staff recommended that a proposed continuous hard surface trail be provided separate from the jogging trail for handicap residents. Several more picnic shelters have been provided beyond the grant requirements and a large group pavilion is being proposed near the existing playground. The one building remaining on the Westminster site (Lakeside Building) is proposed to be a recreation community center that will be predominantly used by seniors during the day and wellness activities at night, needs recognized by the Parks and Recreation staff. Together with the refurbished building is a new 70 space parking lot with access to Military Trail. In general, the existing pool complex and community recreation building are not being refurbished except in some landscape improvements. LANDSCAPING The project site exists today with many large and mature trees. This has outstanding • value for the community in the shade provided which mitigates our hot Florida sun. All Burns Road Community Recreation Campus Pg. 2 of 3 • efforts have been made to not remove ANY desirable vegetation. A tree needs to come down where the shuffleboard courts are going. Other than that, the trees being removed are exotic undesirable trees or in very poor condition. There are many Carrotwood trees that will need removal. The applicant would request that the area around the Annex building with its new parking, be treated as a site plan /landscape plan that will be implemented at one time. The remainder of the site is being considered a Master Landscape Plan to be implemented in stages as monies are budgeted or trees donated. All proposed plant material is consistent with the character of the current site with its prominence of Oaks and Pines. The intent is to canopy more of the site. Light poles have been lowered to allow for existing and future canopies. Groundcovers and shrubs have been limited to foundation plantings, parking lot buffering and pedestrian control for protection from the canal bank and Burns Road /entry drive (from Tot Lot). SIGNAGE There are three monument signs being proposed for this project, two on Burns Road at the entries /exits and one on Military Trail at the parking lot entry/exit. These signs are all proposed to match the Municipal complex monument sign both in size and color so as to set precedence for public facilities. Three signs are allowed through the code for this site. • PARKING Due to the nature of the public multi -use recreational complex owned by the City, it was difficult to determine the exact parking requirements from Table 33 of Section 78 -345 of the City's LDRs. The design team worked with City staff to determine the projected needs and have indicated the calculations on the site plan. City staff is comfortable with the parking being provided. The project proposes 195 parking spaces of which 6 are required to be handicap but 21 handicap spaces are being provided (due to the historical attendance needs combined with the proposed Annex facility). The project provides for the code required 20% of the total parking in bike parking or a minimum of 39 bike parking spaces. LIGHTING Outdoor lighting is being provided for the entire site. Existing poles and lighting will be removed. All parking lot lighting will be implemented with the initial improvements as would be required by code. The proposed lighting for the jogging trail (not currently lit) is being considered a Master Plan item to be addressed in the near future. All lighting levels will be a minimum of .6 footcandles. The plan and lighting scheme was developed with the City's police department and CPTEP principles. By having the park lit 24 hours, the Police Department will be able to better protect the facilities. This proactive approach will reduce vandalism and promote the safety of park users. All poles are short enough to go under existing and future tree canopies. • DRAINAGE Burns Road Community Recreation Campus Pg. 3 of 3 • Water ualit q y will be provided for the runoff from the Annex Building and new parking by using exfiltration trench prior to discharge to the Thompson River. Water quality will be provided for the remainder of the site by utilizing shallow dry detention basins. Per our discussions with the South Florida Water Management District (SFWMD), the site will qualify for a No Notice permit. This is because of the small amount of impervious area being added and because water quality is being provided for the entire site. WAIVERS LOADING: A waiver is being requested to delete the loading spaces required in Section 78 -364 of the City's LDRs. There are no defined loading spaces on the proposed project. Parks and Recreation staff has operated the existing facility and do not feel the need for a specified loading space. The service area of the existing community building is and has been parking for staff which can be modified if they need it to be for a special occasion. The new Annex building service is expected to be handled internally with staff. No loading is expected. Access to the pool complex service remains as it currently exists which is access via the jogging trail on the south side of the complex. PARKING: A waiver is being requested from the requirement of a maximum of 9 parking spaces in a row in Section 78 -315b of the City's LDRs. In the existing • parking lot, there are four instances where 14 spaces in a row occur. The parking lot is heavily canopied. It is the Team's professional opinion that adding islands and trees (to the islands) is not feasible. There would be crowding with the existing trees. BENEFITS The project as it exists today is already a gem for the community. This project increases the variety of activities available and totally updates and refurbishes all outside elements. The project also provides a physically larger park than existed previously. As only one of many parks within the community, this still remains the heart as it sits next to the Municipal complex — the center of the community. At this site too will be the implementation of one of interconnectivity elements as envisioned by the City. A future bridge is proposed for the southeast corner of the property which will tie it to Lilac Park. The park is very actively used. Joggers run late at night and early in the morning. This project proposes lighting for the jogging trail to provide safety and security for the residents who choose to use the park at night. Currently, there is little lighting beyond the parking lot and buildings. • J�b f INC. . OONSUL'IING QVIL ENGINEERS, SURVEYORS &MAPPERS CIVIL AGRICULTURAL TER RESOURCES & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. 0 Palm City, FL 34990 (561) 286 -3883 Fax (561) 286 -3925 www.lbfh.com MEMORANDUM TO: Jeff Renault, P.E. FROM: Sean C. Donahue, P.E. DATE: December 12, 2002 FILE NO. 02 -4251 SUBJECT: Burns Road Community Recreation Campus We have reviewed the following plans and information received on December 5, 2002: • Site Plan and Site Furnishing Details prepared by Gentile, Holloway, O'Mahoney & Associates • Landscape Plan and Specifications prepared by Gentile, Holloway, O'Mahoney & Associates • Boundary Survey prepared by LBFH, Inc. • Palm Beach County Aerial • The Lakeside Building Floor Plan and Building Elevations prepared by Oliver, Glidden & Partners • Electrical Plan prepared by C & W Engineering • Development Application and Drainage Statement. We have the following preliminary comments: L The applicant needs to highlight all changes and proposed additions to the site on the site plan, and clearly designate all applicable existing features. 2. The City should be aware that the calculations shown in the Parking Data section of the Site Plan Tabular do not utilize the ratios specified in Table 33 of Section 78 -345 of the City's LDRs. The ratio shown in the Site Plan Tabular uses an acreage based on Trails and Paved areas, which is not a common standard. We have no other engineering concerns with the number used. 3. The 191 spaces provided in the Parking Data section of the Site Plan Tabular does not correspond with the 195 counted on Sheet SP -1 of the Master Site Plan. Also, the group of spaces north of the Racquet Ball courts list 10 spaces and count 9. The applicant needs to revise these discrepancies on the plans. 4. The 5 percent ratio of bicycle spaces provided in the Parking Data section of the Site Plan Tabular does not correspond with the 20 percent required as specified in Table 38 of Section 78 -414 of the City's LDRs. The applicant needs to revise the plans in accordance with the City's LDRs. Burns Road Community Recreation Campus Page 2 of 3 LBFH File No. 02 -4251 5. There are no loading spaces shown for any of the facilities shown on the Site • Plan. The applicant needs to either revise the plans to provide loading spaces in accordance with Section 78 -364 of the City's LDRs, or submit a waiver requesting deviation from this requirement. The waiver will be subject to approval by the City Council. Please note that we will remain in support of the City's LDR requirements. 6. The applicant needs to provide the total length of the Handicap Parking Detail shown on sheet SP -4 of the Site Plan. 7. There are no curb radii shown for the western new entry along Burns Road. The applicant needs to provide this information in accordance with Section 78- 508 of the City's LDRs. Also, all entrances and drive aisle turns must accommodate Fire Station vehicle requirements of a 25 -foot inside radius and a 45 -foot outside radius. 8. The applicant shows 5 -foot by 15 -foot safe sight triangles at the western new entry on Burns Road and the entrance on Military Trail. However, the applicant needs to use FDOT sight specifications for the Military Trail entrance, and a 20 -foot by 20 -foot triangle for the Burns Road entrances. The applicant needs to revise the plans to show these changes. 9. The applicant needs to include on the Site Plan the Weiss School Parking Plans • connecting to the eastern Burns Road entrance. The plans should also include the median and road shoulder landscaping proposed for Burns Road. 10. The applicant needs to provide stop signs and stop bars at both Burns Road entrances. 11. The applicant needs to provide a pavement cross - section for the new or refurbished parking. 12. The Site Plan shows groups of 14 parking spaces in.a row with no landscape island. The applicant needs to revise the plans to provide the minimum requirements described by Section 78 -315 of one landscape island for every nine spaces in a row. Also, the applicant must include landscaping island dimensions in accordance with the size and area specifications of Section 78- 315. 13. The Drainage Statement lists that design criteria will meet SFWMD and City regulations, however, the applicant needs to provide more specific information regarding project and drainage requirement detail. 14. The applicant needs to revise the Photometric Plan to provide a minimum of 1.0 foot candle in all vehicle use areas according to Section 78 -182 of the City's • LDRs. Also, the City's LDRs do not address sports lighting, however, we recommend the following Development Order condition of approval, "The applicant is required to shield all light fixtures within the recreational areas from direct glare onto the adjacent residential properties. In addition, the • • • Burns Road Community Recreation Campus Page 3 of 3 LBFH File No. 02 -4251 applicant shall limit spillover to 0.0 foot - candles at the nearest residential property line. " The applicant is requested to return a copy of our comments with the applicant's acknowledgement of each comment and the response. Compliance will expedite the subsequent review. SCDhmg P APBGMEMO \4251 \4251 b.doc 4% �fto OCUTIVE OFFICE: • • Seacoast Utility Authority Mailing Addre P s: Palm Beach Gardens, Florida 33410 -9602 December 31, 2002 FAX 799 -4281 Ms. Jackie Holloman Planning and Zoning Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: Burns Road Community Recreation Campus Dear Ms. Holloman: We have the following comment on your transmittal dated December 4, 2002 concerning the referenced project. The applicant needs to revise the survey, master site plan and landscape plan to reflect all existing utility easements. Please call if you require additional information. Sincerely, SEACOAST UTILITY UTHORITY Bruce Gregg Director of Operations cat cc: Rim Bishop John Callaghan Sean Donahue Jim Lance Scott Serra 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2198 % = 5. 2 4 a Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / Fax (561) 624 -2839 ' CI'l Y OF PALM BEACH GARDEN s MEMORANDUM • TO: Jackie Holloman, Planner DATE: December 6, 2002 APPROVED: FROM: Scott Fetterman, Deputy Chief, Administration,,*�,-- SUBJECT: (SP- 02 -29) Burns Road Community Recreation Campus The Fire Rescue Department has reviewed the above referenced Site Plan petition and has the following comments and concerns: • To facilitate Emergency vehicle access, the radiuses for the curbs within the Annex parking lot need to be increased from 10 ft. to 20 ft. Please contact me if you have any questions. r� • • Interoffice Memorandum To: Jackie Holloman, Planner From: Lieutenant Spencer Date: 12 -10 -02 Subject: Burns Road Community Recreation Campus Site Plan A review of the Burns Road Community Recreation Campus has been completed. The Police Department would like to suggest the following recommendations: 1) Install pedestrian scale —metal halide or quartz halogen interactive lighting in combination with the proposed bollard lighting for the trail, (Please refer to the lighting report completed for City Engineer Sean Donahue). Lighting placed along the south side of the campus should be designed to minimize lighting glare to the residents on the south side of the Thomson River. 2) Install elevated crosswalks to connect side -walks that cross the parking lots for increased pedestrian safety and as a traffic calming device. • 3) Install a deceleration lane at the Burns Road curb cut for eastbound vehicular traffic entering the campus. 4) Maintain the current traffic flow of one way in and one way out. Install directional arrows to aid motorist with traffic circulation. 5) Install a security alarm for the Annex building. Cc Chief FitzGerald CPU File • • Interoffice Memorandum To: Sean Donahue, City Engineer Approved By: Chief James O. FitzGerald From: Lieutenant Spence�bvl Date: 12 -5 -02 Subject: Burns Road Community Recreation Campus As per our conversation and pursuant to your request, I would like to provide Crime Prevention Through Environmental Design (CPTED) input from the Police Department, to include consultation with Chief FitzGerald, regarding the Burns Road Community Recreation Campus. Specifically, the lighting plan as it pertains to the parking lots and the pedestrian trail. Thus far, the proposed lighting plan consists of utilizing pedestrian scale, metal halide lighting in the parking lots. The Police Department supports the parking lot lighting • scheme and has no further input. The lighting plan also includes utilizing bollard lighting for the pedestrian trail (trail). For the review of the City and yourself, I would like to provide some information on bollard lighting and consideration of possibly expanding the lighting scheme on the trail. Bollard lighting is often used to delineate and accent a sidewalk or walking path of various forms. Bollard lighting has the effect of drawing pedestrians to the walking path as the low dispersion of light concentrates on the path. Bollard lighting is aesthetically pleasing and creates an ornamental look. This type of lighting minimizes light pollution and is an excellent source of light set along pathways, as a supplement light, in areas such as parking lots or in front of lighted buildings. Bollard lighting also has some distinct problems and risks when installed as a primary source of light or in areas where vandalism is or can be a potential future concern. For the most part, bollard lighting typically illuminates an area a relatively short distance from the lighting source and casts its light at low levels above the surface, making person or face recognition a difficult proposition. In essence, this means that persons negotiating a trail are visible to those lurking in the general vicinity of the trail, but such persons are often not visible to persons on the bollard lighted trail. Additionally, bollard lighting is vulnerable to vandals, and also subject to damage from lawn maintenance machinery. • C7 The limitations and vulnerabilities of bollard lighting should be considered prior to installation. It is the opinion of the police department that bollard lighting as a singular source of illumination is not appropriate in the public setting. However, bollard lighting may be an appropriate source of supplementary lighting or a primary lighting supplemented by other ancillary lighting. With this in mind, it is suggested that the trail lighting be a hybrid lighting scheme. Utilizing the hybrid lighting scheme of allowing bollard lighting and general area lighting, may accomplish both the desired trail delineation while avoiding the problems associated with bollard lighting as a sole source of light. The Police Department would like to suggest that one of two hybrid lighting schemes be considered. 1) Expand the pedestrian scale, metal halide lighting being proposed for the parking lots to the trail system in combination with the bollard lighting. 2) Utilize interactive lighting or lighting on demand in combination with the bollard lighting. The latest research indicates that interactive lighting or lighting on demand is a promising crime prevention technique. This type of lighting installation is particularly appropriate in open public such as parks and picnic areas. Such installation could consist of bollard • lights installed with sufficient spacing to allow light poles to be installed along the trail as sources of supplement lighting. Passive infrared sensor controlled pole mounted lighting is an appropriate source of supplement lighting where bollard lighting is intended as the source of trail delineation. Passive infrared sensor controlled pole mounted lighting and bollard lighting combination could function in the following manner. A sensor controlled light, installed along but off the trail would remain off until the sensor responded to the presence of a person or persons in the area. The light would immediately activate illuminating the trail with quarts - halogen lighting. The sensor - controlled light can be adjusted to remain illuminated from one minute to several minutes. A short duration of activation increases the interactivity of the lighting while reducing light pollution and energy use, and increasing the life of the quartz- halogen bulb. The bollard lighting would remain on after daylight hours. The sensor controlled pole mounted lights can be installed between trees. This will allow for the trimming of the tree canopy away from the light source with minimal intrusion to the natural tree canopy. Bollard lighting can be installed near the base of mature trees. This will allow illumination of difficult areas without intruding into the tree canopy where such an intrusion is most problematic. The effect of this lighting strategy is the maintenance of low intensity lighting until increased lighting is desired when persons are using the trail or are in the area of the sensor controlled lighting. CJ • Research suggests that persons attempting to lurk in interactively lighted areas find such lighting conflicts with their attempts to remain hidden or unnoticed. Additionally, police officers or even civilians passing by the trail will be able to locate persons in the area, both legitimate users of the trail as well as those illegitimate users lurking about. Having eyes on the trail from road way or from users of the campus will serve as an increased crime prevention measure. In conclusion, the Police Department would suggest that the proposed lighting plan for the Palm Beach Gardens Burns Road Community Recreation Campus be expanded to explore the feasibility of implementing the lighting schemes outlined in this review. Cc Chief James O. FitzGerald Major Bunch Gisele Foster, Budget Technician Angela Wong, Project Manager Charlotte Presensky, Recreation Director • • f f I i i 1 s DESCRIPTION The classic lines and sophisticated construction of the VXM area light makes it an ideal complement to site design. The combination of smooth contours and sharp rear reveals allow the fixture to change character from different viewing angles while providing excellent low -glare photometrics. U.L. 1572 listed and CSA certified for wet locations. APPLICATION The VXM Enhances natural landscapes as well as cityscapes, while bringing outstanding performance and style to parking lot, walkway, and roadway applications. SPECIFICATION FEATURES A•••Housing Heavy wall die -cast aluminum housing maintains a nominal .120 thickness. Vision is standard in black and available in a range of architectural colors. Consult the McGraw- Edison Architectural Colors brochure for a complete selection. 6 ... Toolless Entry Entrance to the Housing utilizes a two point, toolless latch mechanism that blends into the fixture providing an unobtrusive, yet secure attachment. C•••Door /Lens Door is heavy wall die -cast aluminum with integral insets for concealment of hinging. Lens is thermal shock - and impact- resistant clear tempered glass. D•••Gasketing Extruded high temperature silicone gasketing completely seals optical system from dirt and debris. MCGRAW-EDISONO E•••Reflector Assembly Optional high efficiency segmented or hydroformed reflectors available in a range of distributions. Reflector modules attach to the housing via toolless fasteners. All reflectors are field rotatable in 90° increments. F•••Toolless Power Tray Ballast and related electrical componentry are mounted to a reinforced tray with integral handle for ease of maintenance. Quick electrical disconnects allow the tray to be completely removed from the housing providing ample room for attachment to the pole. Optional power tray fuse connections offer a distinct and easy to maintain alternative to common inline fuse connections. G•••Mounting Extruded aluminum arm available in either 6" or 14" lengths. Integral guides within arm allow fixture to be easily secured to the pole or wall mount plate. r n E F G DIMENSIONS 6' [152mml or 14' [356mm1 [178m ml I —I 28' I L [432mml ~ [724mm) COOPER LIGHTING VXMVISION 1 0 0- 4 0 0 W High Pressure Sodium Metal Halide ARCHITECTURAL AREA LUMINAIRE �=V* sairlas C�! GARDENS c L 0 �` ;',i ll DEPT. °T. 1511 . ENERGY DATA CWA Ballast Input Watts 175W MH HPF (210 Watts) 25OW MH HPF (295 Watts) 400W�f AN 14PF (455 Watts) 40OW HPS HPF (465 Watts) ADH992014 PHOTOMETRICS 5 4 3 2 1 0 1 2 3 4 VXM- 400 -MH- 120 -2S 400 -Watt MH 36,000 -Lumen Lamp Type It ORDERING INFORMATION 5 4 3 2 1 0 i 2 3 4 5 5 5 4 3 2 1 0 VXM - 400.MH- 120 -3S 400 -Watt MH 36,000 -Lumen Lamp Type III 5 4 3 2 1 0 1 2 3 4 5 1 2 3 4 5 SAMPLE NUMBER: VXM. 400.MH - 120.35 VXM [FP.r du ct Lamp Lamp Voltage Distribution rF=Forrm,, mily' Wattage' Type 120 2 =Type II ed XM= Vision 100 MH 208 3 =Type III ented Medium 150 HIPS 240 4 =Type IV 175 277 S =Type V 200 480 250 DT =Dual -Tap 4 4003 MT =Multi -Tap ° TT= Triple -Tap VXMVISION Footcandle Table Select mounting height and read across for footcandle values of each isofootcandle line. Distance in units of mounting height. Mounting Footcandle Values for Height Isofootcandle Lines A B C D E 20' 3.20 1.92 0.64 0.32 0.06 25' 3.45 2.07 0.69 0.34 0.07 30' 5.00 3.00 1.00 0.50 0.10 Options (add as suffix) F= Single Fuse — Specify Voltage (120, 277, 347V) FF =Double Fuse — Specify Voltage (208, 240, 480V) HS =House Side Shield R =NEMA Twistlock Photocontrol Receptacle Q =Quartz Restrike T= Terminal Block VS= Vandal Shield Optional Colors (add as suffix / standard color black) B2 =Bronze SS= Sandstone Accessories (order separately) MA1006= Direct Mount MA1009= Direct Mount For Round Pole (Specify Color) MA1050 =6" Arm For Square Pole -- E.P.A. 0.05 (Specify Color) MA1051 =14" Arm For Square Pole— E.P.A. 1.00 (Specify Color) MA1052 =6" Arm For Round Pole— E.P.A. 0.05 (Specify Color) MA1053 =14" Arm For Round Pole— E.P.A. 1.00 (Specify Color) MA1054 =Wall Bracket with 6" Arm (Specify Color) MA1055 =House Side Shield (Field Installed) OA1016= Photocontrol —Mu Iti -Tap OA1027= Photocontrol -480V OA1201= Photocontrol -347V Catalog Lamp Lamp Net Wt. Number Wattage /Base Type Voltage Distribution Optics EPA Otis.) VXM- 250 -MH- 120 -3F 250 /Mogul MH Multi -Tap III Formed 1.3 45 VXM- 400 -MH- 120 -3F 400 /Mogul MH Multi -Tap III Formed 1.3 49 VXM- 250 -HPS- 120 -5F 250 /Mogul HPS Multi -Tap V Formed 1.3 51 VXM- 400 -MH- 120 -5F 400 /Mogul MH Multi -Tap V Formed 1.3 49 VXM- 250 -MH- 120 -3S 250 /Mogul MH Multi -Tap III Segmented 1.3 45 VXM- 400- MH- 120-3S 400 /Mogul MH Multi -Tap III Segmented 1.3 49 NOTE: ' Arm not included. See accessories. ' All lamps are mogul -base. ' Requires reduced envelope ED28 Lamp. ' Dual -Tap is 1201277V wired 277V. ' Multi -Tap is 120I208R40/277V wired 277V. ' Triple -Tap is 120/277/347V wired 347V. ' Standard color is black. Other finish colors available. Consult Architectural Color brochure. "Formed optics only. is / NOTE: Specifications and Dimensions subject to change without notice. COOPER Lighting Customer First Center 1121 Highway 74 South Peachtree City, GA 30269 770.486.4800 FAX 770.486.4801 ADH992014 C DESCRIPTION The Vision Bollard from McGraw- Edison brings architectural style to the pedestrian level. The Vision Bollard can be used along with the Vision Series' Area, Flood, and Wall luminaires to provide a coordinated look that will enhance any architectural setting. Concealed lamp and reflector system eliminates all visible glare while providing high levels of pavement illumination. U.L. listed and CSA certified for wet locations. APPLICATION The Vision Bollard is ideal for use along walkways, pathways, entranceways, drives, and other small -area lighting applications where aesthetic appeal and meaningful light output is a must. s A B D E • F COOPER LIGHTING SPECIFICATION FEATURES A Top Die -cast aluminum top maintains a nominal .125" thickness, providing rapid heat dissipation and precise tolerance control. B- Lens Impact- resistant clear acrylic lens. Optional polycarbonate lens with UV inhibitive coating available. C ... Optics Glare free, fully concealed lamp and reflector system features a high efficiency hydroformed reflector with computer- designed flutes to maximize output while maintaining even illumination. MCGRAW-EDISONO D Housing Heavy -duty seamless extruded aluminum shaft lifts off base for easy access to ballast. The Vision Bollard is provided with a 5 Stage Premium TGIC polyester powder coat finish, and is available in a variety of architectural colors. Consult McGraw - Edison Architectural Colors brochure for a complete selection. E ... Ballast Quick- disconnect ballast assembly located at base of housing for cooler operation and easy maintenance. Ballast assembly is mounted on a bracket and secured to base by four screws. F•••Base Rugged cast aluminum base mounts to foundation with four (4) anchor bolts. Base holds two (2) leveling vials to ensure proper alignment. Housing attached to base with six (6) tamper- resistant stainless steel fasteners. 3/4' (248mm)___j L6'[152mm)—I 14 ! VXBVISION BOLLARD 35 -100W High Pressure Sodium Metal Halide ARCHITECTURAL BOLLARD ENERGY DATA Reactor Ballast Input Watts 35W HPS NPF (46 Watts) High Reactance Ballast Input Watts 50W MH HPF (66 Watts) 70W MH HPF (94 Watts) 70W HPS NPF /HPF (95 Watts) 10OW HPS HPF (130 Watts) 10OW MH HPF (129 Watts) ADHO12126 E7o PHOTOMETRICS 5 4 3 2 1 0 1 2 3 4 5 VXB- 36 -70 -MH 70 -Watt MH 5,900 -Lumen Coated Lamp 36" Fixture Height ORDERING INFORMATION 5 4 3 2 1 0 1 2 3 4 5 VXB -36. 100-HPS 100 -Watt HPS 8,800 -Lumen Coated Lamp 36" Fixture Height 5 a 3 2 1 0 1 2 3 4 5 VXBVISION BOLLARD Footcandle Table Select mounting height and read across for footcandle values of each isofootcandle line. Distance in units of mounting height. Mounting Footcandle Values for Height Isofootcandle Lines A B C D E 28" 8.27 3.31 1.65 0.83 0.33 32" 6.32 2.53 1.27 0.63 0.25 36" 5.00 2.00 1.00 0.50 0.20 40" 4.05 1.62 0.81 0.41 0.16 44" 3.35 1.34 0.67 0.34 0.13 48" 2.81 1.13 0.56 0.28 0.11 SAMPLE NUMBER: VXB- 48- 35 -MH- 120 -BK VXB Product Fixture Lamp rH Type Vohage' Colors Options (add as suffix) Family Height Wattage' Metal 120 =120V (add as suffix/must specify) ° F= Single Fuse (120, 277 or 347V) VXB= Vision 28=28" 35 =35W' alide 208 =208V BK =Black FF= Double Fused (208, 24oV) Bollard 32 =32' 50 =50W High 240 = 240V AP =Grey PL= Polycarbonate Lens 36=36' 70 =70W Pressure 277 =277V BZ= Bronze PC--Button Photocontrol 40 =40' 100 =100W Sodium MT =Multi Tap WH =White L =Lamp Included 44=44" Wired W1= Weathered Iron 48 =48' 277V' TT= Triple Tap Wired 347V' [ NOTES:' All lamps are medium -base. • 35W HIPS available in 120V only. ' Products also available in non -US voltages and 5DH2 for international markets. Consult factory for availability and ordering information. • Multi -Tap ballast is 120/208/240/277V wired 277V. Triple -Tap ballast is 120/2771347V wired 347V. • Other finish colors available. Consult McGrew - Edison Architectural Colors brochure. • Coated lamp standard. u NOTE: Specifications and dimensions subject to change without notice. 00 Visit our web site at www.cooperlighbng.com COOPER Lighting Customer First Center 1121 Highway 74 South Peachtree City, GA 30269 770.486.4800 FAX 770.486.4801 ADHO12126 • LI Lasert.jpg (1275x1755x16M jpeg) . � 4 r PRO CTS Ordering Guide ,rbtrk app,opriateseltrttorr) Lens Options ❑ (AC) Acrylic Clear ❑ (AW) Acrylic Whitc' ❑ (PC) Polycarbonute Cleat ❑ Othcr • Re ,m-e+IJ d +pleb ftuaretet+n lanpr Light Source Options ❑ AL09024 ❑ 50MI1 D ❑ 70MIi D ❑ looms D ❑ 150"411 U ❑ 175MH D ❑ MIPS D ❑ 150HPS D ❑ 32R'1CFIi GX24q•3 ❑42W/CFI1, GX24q -4 ❑ INC D ❑ Othar n - aretlwn hue lamp Voltage O tp ions 131-,o ❑ 208 ❑ 240 ❑ 277 ❑ •480 (312(L'277 ❑ *QUAD wired at ❑ 00tcr °Some avvage/ wbget toinbi —tk,nr may notbr, nva,I bet. plea-W1.1'11fin10ry Notes: Optical Options ❑ (RI'5) "rypc V Burosilietde G ;las4Rcf -jctoT ❑ (RF3) Type III Bottnilicate Glass 'ter -cu" ❑ (PISS) HousFsideShield ❑9o* ❑I80' ❑ (LVRl)Type.VSmckRen0ct0f ❑ oche? Electrical Option ❑ (FS 1) Fused (Single, in Ole, 120 or 277 voltage) ❑ (FS2) bused (Dooble, in pole, all char voltoge) ❑ (QD) Quick Discenuxt ❑ (I,CC,) Photoelectric Control (S LY.4 v'altage) Finish Options SWIdatd Atd„altnn atn Iig1N1v tamnrd.wlul,/1niAhrA. Sec data zet:tlan for fintch7ng.iyn:lfcaalun. ❑(WHi') White ❑ (HLK) Black ❑ (BRZ) Bronze ❑ (VF;R) Vcrons ❑ (GRE) Green ❑ (()RA) Gtay ❑ Offer _ I'venrutn E3 Custom Color 1Gdo''td+N+L4mbrd) =AL09024 2-47 I —ACl 1100MH1- 2-0-D 1 HSS90 I FS1 I BKT 111 aP li-Nr t -t l.mtc =t Sa�l�lt�F7ntsh lit I I Dntc: T ncvr h- iminaire BS4CON PRODUL -M INC. • 650319M S'rRwr EAST • S.A1L \So"rA; FL 34243 • PH 941- 755 -bb94 • FAX 941 -751 -5535 B1V -211 se' kceth^. nttrxtssututcr�mtrt� ..ct.wrmm�nr,tx:'e_ • s BEEm MISS tr: N pr4o ' CTS �i Laser2.jpg (I275xl755x16M jpeg) Laser Luminaire Features The cylindrical luminuire housing shall be made of ASTM 356.2 aluminum. cast in permauent malds and shall encompass the following specifications: The upper chamber / lid shall be connected to the optical and lower chamber by an aluminum cage and shall be removable for quick and easy lamp service. The optical chamber shall house spun, stacked. specular aluminum louvers for symmetrical light distribution or Type 111 otType V glass bormilicate refractor. The enclosure Shull be a DR acrylic lens, kiis holdtx ring and aluminum cage. The cut-off diffusion ) glare control shall be by means of a heavy wall spun aluminum reflector shade posidvcly attached to the aluminum 61i6,'iPS underside shall be finished in reflective white for maximum photometric performance. The rattler shall house the ballast assembly ,and mount to a post top or bracket by means ofa Y I.D. Slip fitter hub, secured bythree stainless sicel screws. The electrical assembly shall be a high power factor ballast, designed to operate a 175 watt (max) HID Tamp (by others), integrally mounted to a cast tray with a porcelain glazed medium base lamp holder, 66014KV, pulse rated and factory tested. The lu ninaire shall be ETL and CSA listed and suitable for wet locations. Ditrtensions: Part Number Width Height E.P.A. AL.09024 24" 24" 2.30 BEACON PRODUC1S INC • (60.3 19TH STREF."1, EAST • SARASOTA. FL 34243 • PH 941 -755Wi g • FAX 941- 751-5535 nIt,.?A . srrnru'xrru.simncr nxrrn*;cx.rvin+in:r:�>rsr FINISH: GULLWING OPTIONS: BRP G13 AND 018 AREA LUMINAIRES F Fusing (In Head) GENERAL DESCRIPTION: The Gardco Gullwing is an area luminaire defined by its sleek profile and rugged construction. 4 "and 5" Round Pole Adapter Available in two sizes, the housing is one - piece, diecast aluminum and mounts directly to a pole or wall without the need of a Black Paint separate support arm. The multifaceted arc -image duplicating optical systems provide IES Types 1, II, III, IV and V distributions. (N /A with 75Ow and 1000w) The door frame is single -piece diecast aluminum and retains an optically clear tempered flat glass lens. The luminaire is (G18 only. Required for 4"-5' OD round poles) completely sealed and gasketed preventing intrusion from moisture, dust and insects. The Gullwing luminaires are finished White Paint with a fade and abrasion resistant TGIC powdercoat. In- Line /In -Pole Fusing PTF2 O R D E R I N G NP Natural Aluminum Paint PREFIX CONFIGURATION DISTRIBUTION WATTAGE VOLTAGE FINISH OPTIONS PTF3 G18 1 2XL 250HPS 277 BRP PCB Optional Color Paint G13 1 1 G13" G18 120 BRP F PTF4 Single Assembly Type 1, Horizontal Lamp 50MH' 100MH' 250PSMH' Y08 BLP LF Specify RAL designation as G18 2 (GiN/Aabove4600w) my. 70MH 150MH' 320PSMH' 240 WP PC SQPTF Twin ° 100 MH 175MH 35OPSMH Co 180 2XL 277 NP PCR shown in Color Selection Guide. 15OMH 250MH 400PSMH' 10 Photocontrol Receptacle only SQPA 2 @90 Type 11, Horizontal Lamp 175MH 400MH' 750PSMH36 347 OC POLY ex: OC- RAL7024 Twin rQ 90' 3XL 1000MW4100OPSMHT 480 SC HS 3 Type Ill, Horizontal Lamp 50HPS' QS Special Color Paint Triple @ 90' 4XL 70HPS 150HPS RPA1 3@120 Type IV, Horizontal Lamp 100HPS 250HPS RPA2 (Specify. Must supply color chip) Triple @ 120• Q 150HPS 400HPS PTF2 600HPS� 4 Type V, Horizontal Lamp 750HPS PTF3 Quad Assembly (G18 only. NIA above 400w) MH Metal Halide PTF4 PSMH Pulse Start Metal Halide (G13 - 100w max; G18 - 600w max) TSPA W HPS High Pressure Sodium SQPTF Wall Mount, Recessed J -Box 7. Requires SG 1. 120 and 277V only. M10001PSIUIBT37lamp WS 2. Requires ED28 or BT28 reduced jacketed lamp 8. M138 or M153 SQPA Wall Mount, Surface Conduit 3. Furnished with sag glass tens only 9. M132 or M154 TSPA 4. Requires BT37 reduced jacketed lamp 10. M135 or M155 3" Round Pole Adapter SPA 5. Venture mogul base lamps required 11, All G13 optics require SPA 6. M149 onty. Requires MS7501PSIBU- HORIBT37lamp. medium base lamps. (G 18 only. Required for 3' OD round or FINISH: OPTIONS: BRP Bronze Paint F Fusing (In Head) RPA2 4 "and 5" Round Pole Adapter BLP Black Paint (N /A with 75Ow and 1000w) (G18 only. Required for 4"-5' OD round poles) WP White Paint LF In- Line /In -Pole Fusing PTF2 Pole Top Fitter - 2 3/8" Dia. Tenon NP Natural Aluminum Paint PC Photocontrol and Receptacle PTF3 Pole Top Fitter - 3 -3 1/2" Dia. Tenon Oc Optional Color Paint (N /A with 480V. 1000w maximum combined PTF4 Pole Top Fitter - 3 1/2 -4" Dia. Tenon Specify RAL designation as luminaire wattage) SQPTF Square Pole Top Fitter shown in Color Selection Guide. PCR Photocontrol Receptacle only SQPA Square Pole Spacer (G18 only. For ex: OC- RAL7024 POLY Polycarbonate Sag Lens configurations oft -way @ 90', 3 -way or 4 -way. SC Special Color Paint (G 13 - 100w max; G18 - 250w max.) The unit mounts directly to a 4.5" or greater (Specify. Must supply color chip) HS Internal Houseside Shield square pole. For poles less than 4.5', a pole QS Quartz Standby spacer is required. (G13 - 100w max; G18 - 600w max) TSPA Tapered Square Pole Spacer SG Sag Glass Lens (In lieu of flat glass) This option is required for poles less than 3.5' (Supplied standard with 750w and 1000w) down to 2.75'square RPA1 3" Round Pole Adapter SPA Square Pole Adapter (G 18 only. Required for 3' OD round or (G13 only. Required for square poles) tapered round poles where top OD is less than 4".) TYPE PREFIX CONFIGURATION DISTRIBUTION WATTAGE VOLTAGE FINISH OPTIONS 10 Gardoo Lighting reserves the right to change materials or modify the design of Its product without notification as pan of the company's continuing product improvement program.The Gullwing design is protected by U.S. patent number DES.391.659. The XL optical system Is protected by U.S. patent number 5690422. 0 Copyright Gardco Lighting 2001. All Rights Reserved. Intemational Copyright Secured. 2661 Alvarado Street San Leandro, CA 94577 800/227 -0756 510/357 -6900 in California Fax: 510/357 -3088 sitelighting.com Genlyte Thomas Group LLC L I G H T I N G 79115 - 8511102 GULLWING G13 AND G18 AREA LUMINAIRES S P E C I F I C AT I O N S GENERAL DESCRIPTION: The Gardco Gullwing is an area luminaire defined by its sleek profile and rugged construction. The housing is one - piece, diecast aluminum and mounts directly to a pole or wall without the need of a separate support arm. The multifaceted arc - image duplicating optical systems provide IES Types I, 11, III, IV and V distributions. The door frame is single -piece diecast aluminum and retains an optically clear tempered flat glass lens. The luminaire is completely sealed and gasketed preventing intrusion from moisture, dust and insects. The Gullwing luminaires are finished with a fade and abrasion resistant TGIC powdercoat. HOUSING: A one -piece diecast aluminum housing mounts directly to a pole or wall without the need for a support arm. The low profile rounded form reduces the effective projected area of the luminaire to only .8 fl= for the G13 and 1.2 ft2 for the G18. LENS ASSEMBLY: A single -piece diecast aluminum lens frame hinges down from the housing and is secured by a stainless steel lanyard and hinge pin. An optically clear, heat and impact resistant tempered flat glass lens is mechanically secured with six (G13) or eight (G18) retainers. The electrical and optical chambers are thoroughly sealed with a one -piece memory retentive hollow -core EPDM gasket to prevent intrusion by moisture, dust, and insects. D I M E N S I O N S OPTICAL SYSTEMS: The segmented optical systems are manufactured from homogenous sheet aluminum which has been electrochemically brightened, anodized and sealed. The multifaceted arc image duplicating systems are designed to produce IES Types 1 (1), II (2XL), III (3XL), IV (01.), and V (Q). With the 2XL, 3XL and 4XL luminaries, the reflector facets form a conical fan around the are tube with each facet positioned to be precisely tangent to the top of the arc tube. The lampholder is glazed porcelain with a nickel plated screw shell. Position - oriented mogul base sockets to accept high output horizontal metal halide lamps are supplied standard on G18 units. G13 units feature porcelain medium base lampholders. ELECTRICAL: All electrical components are UL recognized, factory tested, and mounted on a unitized plate with quick electrical disconnects. Each high power factor ballast is the separate component type capable of providing reliable lamp starting down to - 20(F). FINISH: Each standard color luminaire receives a fade and abrasion resistant, electrostatically applied, thermally cured, triglycidal isocyanurate (TGIC) textured polyester powdercoat finish. Standard colors include bronze (BRP), black (BLP), white (WP), and natural aluminum (NP). Consult factory for specs on optional or custom colors. LABELS: All fixtures bear UL or CUL (where applicable) Wet Location labels. EPA (W) A B C D 1 2 3/4 G13 22 1/2" 13 1 /2" 4 3/4" 8 112" .8 1.6 2.2 57.25 cm 34.16 cm 12.14 cm 21.54 cm G18 311/2" 18" 61/2" 111/2" 1.2 2.4 3.2 80.01 cm 45.72 cm 16.66 cm 29.21 cm isGardoo Lighting reserves the right to change materials or modify the design of its product without notification as part of the company's continuing product improvement program. The Gullwing design is protected by U.S. patent number DES.391.659. The XL optical system is protected by U.S. patent number 5690422. ® Copyright Gardoo Lighting 2001. All Rights Reserved. International Copyright Secured. 2661 Alvarado Street San Leandro, CA 94577 800/227 -0758 510/357 -6900 in California Fax: 5101357 -3088 sitelighting.com Genyte Thomas Group LLC L I G H T I N G 79115$5/1102 C • It MM LIGHTING Type: Job: Fixture Catalog number: Fixture Electrical Module Finish Optional Photocell Sees page 2 -3 I L See page 4 j Specifications Dimensions AFL20 Models 250 to 400 watt H.I.D. Mogul Base Lamps Maximum weight: 49 lb 10'/2 "—� " I 15 22" Max. 12 max. back tilt a I i 20" la �l3 Slips over 2" pipe -size tenon (23/8" O.D. x 4'/2" min. length) SIDE AIMING RANGE with swivel clamp down Aiming line is always perpendicular to front face of fixture FRONT Fixture Options: Ordered Separately from Fixture See pages 5 -7 Mounting Options: Ordered Separately from Fixture See pages B -11 ,AFL21 lamp position (base up) 0 =AFL22 lamp rizontal position =AFL23, 24, 25, 26 lamp position (base down) 4AFL27 lamp position AFL20 Architectural Floodlights revision 1/22/01 • afl20.pdf Approvals: Date: Page: 1 of 11 Housing: One piece die -cast low copper aluminum in a cylindrical shape with integral cooling fins over the entire length, and ' /e" minimum wall thickness. One piece extruded and vulcanized silicone gasket between housing and door frame concealed when fixture is closed. Concealed integral cast slip hinges with stainless steel pins. Door Frame: One piece die -cast low copper aluminum with integral cooling fins, ' /a" minimum wall thickness, mates with housing to create a continuous cylindrical shape. Concealed integral cast slip hinges allow removal without tools. Removable stop -arm provided to limit door frame opening. 3/16" thick clear tempered glass lens is sealed to the lens frame by a one piece molded silicone gasket. Door frame secures to housing by four stainless steel recessed captive allen -head screws. Four tapped and plugged holes provided for attachment of options. Swivel: Heavy cast aluminum twin knob configuration with integral field - splice compartment, and mounts to a 2" pipe size tenon (23/6" O.D. x 41W min. length). One stainless steel bolt, recessed in knob, locks swivel teeth at 5° increments. Opposite knob is removable for access to the field - splice compartment. Swivel is fully gasketed. Clear anodized prior to chromate conversion coating for added corrosion resistance. Reflector Assemblies: Interchangeable in all seven AFL20 models. Specular Alzak° aluminum optical components rigidly mounted in a clear anodized aluminum frame which attaches to housing as a one piece assembly. Sockets are 4KV porcelain mogul base. Electrical Components: All electrical components are UL and CSA recognized with leads extending out of the swivel splice compartment. High power factor ballast rated -407 starting for HPS and -207 for MH lamp modes. Finish: Super TGIC thermoset polyester powder coat paint, 2.5 mil nominal thickness, applied over a chromate conversion coating; 2500 hour salt spray test endurance rating. Standard colors are Black, Dark Bronze, Light Gray, Platinum Silver or White. Custom colors are available and subject to additional charges, minimum quantities and longer lead times. Consult representative. Certification: UL Listed to U.S. and Canadian safety standards for wet locations. Fixture manufacturer shall employ a quality program that is registered to ISO 9001 standard. CAUTION: Fixtures must be grounded in accordance with local codes or the National Electrical Code. Failure to do so may result in serious personal injury. © 2001 KIM LIGHTING INC. • P.O. 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L eb e �1 P P t —A ]AS `d ANIIHSlb'W 411 ,-1 / 24-v i --- -I->_a 1 a-�F�t fin a 5 a a' V O O 4 o� ( �� a x ' J J►a- 9 yl i�f ° 'C,, r,,, ,a, T,sp '0 i i N �o , a, aaaaaPa aaaaa,a ,A . -1 a as 11 B a4 ' ii a 3 ,jam' a a a a is a 1- , Fyy a > f a > > N FQya Baaail x � ai a as ai Cis p, a)3afaaa ff >iaaa 3 �FW- rn ii faiaf f W w u a a a FMY> W ',afaaa 'a s� t W Da f I 'a of a ao F ai co R, ➢s a Hm �m CL 1 3 U I i 3 h I I I I a> B o I I 1 s a = c I I I I I I I I � e !! a' ➢� a =��� I I l �ay >�a� ryia�Baa e U �g� as SS JJ a I I I _ D aaa a a c� I aBaaaaaa,a,f >aaaai a a ai s Baas.',! >' , Val 9 m R p z�ios �i CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 27, 2003 Meeting Date: February 20, 2003 Ordinance 10, 2003 Subject /Agenda Item: Petition LDR- 03 -02: Build Out Dated Definition for approved Development Orders Workshop: A City- initiated request to amend the City's Land Development Regulations Section 78- 61, "Effective Period of Development Orders and Enforcement Conditions," Section 78 -75, "Adopted Levels of Service," Section 78 -77, "Concurrency Certificates," of Article III "Development Review Procedures," of Chapter 78 "Land Development," to amend the requirements for Time Extensions to Development Orders. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA LDRC Commission Growth Management: Action: Principal Planner Costs: roved [ ]Approved Talal Benothman, Project $ N/A [ ] App. w/ conditions City Attorney Managers Total [ ] Denied Len Rubin Daniel P. Clark, P.E. [ ] Rec. approval City Engineer [ ] Rec. app. w/ conds. Development Compliance $ N/A [ ] Rec. Denial N/A Current FY [ ] Continued to: _Bahareh . Wolfs, AICP Growt anaM Direct Funding Source: Advertised: Attachments: Date: • Ordinance 10, 2003 Charles K. Wu, AICP Paper: [ ]Operating . Ordinance 50, 2002 [X] Other [X] Not Required [ ] None Approved by: City Manag Budget Acct. #: Affected parties: Ron Ferris [ ] Notified [X] Not Required City Council Workshop Meeting date: February 20, 2003 Date prepared: January 27, 2003 Ordinance 10, 2003 Petition LDR -03 -02 Page 2 of 2 BACKGROUND On December 19, 2002, the City Council approved Ordinance 50, 2002 ( see attached) which extended the expiration date for all approved planned unit developments, parcels within planned community districts and site plans expiring prior to January 1, 2003 to December 31, 2003. The development orders were automatically extended to eliminate the need for the developers to apply for a time extension in accordance with section 78 -61(f) of the City Code of Ordinances. Also included in Ordinance 50, 2002 was a directive from City Council to initiate a modification to the City's Land Development Regulations to more clearly define the "build out date" for approved development orders. The attached Ordinance 10, 2003 contains the proposed text amendments. Section 78 -61 was amended to incorporate the new overall build out date of December 31, 2003 and provide a method for developers to apply for an extension beyond said date. Staff may approve one, three -year extension. The extension requirements include the completion or assurance of all off -site traffic mitigation requirements as defined by the concurrency approval; the payment of all road impact fees for the approved project; dedication and conveyance of all required public road rights -of- way; and submittal of a reservation fee to the City. The City Council may also direct staff to consider two additional consecutive 1 -year time extensions. The additional extension requirements include recordation of all plats and installation of all common area landscaping. Section 78 -75 was amended to allow for a general definition of roads with regard to flood protection requirements. The current section identifies only local roads. The amended section states thoroughfare roads, which identifies all of the City's major roadways. Section 78 -77 was amended to further define vested development, to incorporate Ordinance 50, 2002 and delete conflicting time extension requirements. LAND DEVELOPMENT REGULATIONS COMMITTEE This petition will be presented to the LDR Committee after the City Council Workshop. RECOMMENDATION Staff recommends approval of Ordinance 10, 2003. Meeting Date: February 20, 2003 Date Prepared: January 27, 2003 ORDINANCE 10, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE C ITY O F P ALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT OF SECTION 78 -61, "EFFECTIVE PERIOD OF DEVELOPMENT ORDERS AND ENFORCEMENT CONDITIONS," SECTION 78 -75, "ADOPTED LEVELS OF SERVICE," AND SECTION 78 -77, "CONCURRENCY CERTIFICATES," OF ARTICLE III "DEVELOPMENT REVIEW PROCEDURES," OF CHAPTER 78 "LAND DEVELOPMENT," OF THE CITY CODE OF ORDINANCES BY AMENDING THE REQUIREMENTS FOR TIME EXTENSIONS TO DEVELOPMENT ORDERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens adopted Ordinance 50, 2002, which extended the expiration dates for approved development orders for Planned Unit Developments, Parcels within Planned Community Districts and Site Plans expiring prior to January 1, 2003 to December 31, 2003; and WHEREAS, in Ordinance 50, 2002, the City Council directed staff to initiate a modification to the City's Land Development Regulations to more clearly define the "build out date" for approved development orders; and WHEREAS, such modification shall be presented to the City Council for first reading in February 2003 and shall, to the extent feasible, include provisions for the modification of project build out dates proper to the formal adoption of a development order; and WHEREAS, the City Council of the City of Palm Beach Gardens hereby determines that the adoption of the text amendment to the City's Land Development Regulations 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, AS FOLLOWS: 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 Ordinance upon adoption hereof. SECTION 2. Section 78 -61, "Effective Period of Development Orders and Enforcement Conditions," Section 78 -75, "Adopted Levels of Service," Section 78 -76, "Certificate Required," Section 7 8 -77, " Concurrency C ertificates," o f A rticle III "Development Review Procedures," of Chapter 78 "Land Development," of the City's Code of.Ordinances is hereby amended to read as follows with added language underlined and deleted language stmek Afett : Date Prepared: January 27, 2003 Ordinance 10, 2003 Page 2 of 13 LAND DEVELOPMENT DIVISION 2. EFFECTIVE PERIOD OF DEVELOPMENT ORDERS Sec. 78 -61. Effective period of development orders and enforcement of conditions. below. (a) Intent and purpose. The intent and purpose of this division shall be the items listed (1) Growth management act. In conformity with and in furtherance of the purpose of Chapter 163, Part H, entitled "the Local Government Comprehensive Planning and Land Development Regulation Act," referred to in this chapter as the Act, this division establishes and implements time limitations upon the initiation and completion of development to ensure that public facilities and services shall be available concurrent with the impacts of development. This division is intended to ensure the efficient and equitable distribution of capital facilities and services to proposed developments. The approval of proposed developments has caused the city to budget for and to reserve capacity for capital facilities and to plan for the delivery of services to the proposed development within the time prescribed. In order to ensure development has been initiated and is proceeding consistent with this division, the city shall monitor and review approved development orders, to ensure consistency with the intent and purpose of this division, and to further the goals, objectives and policies of the city's comprehensive plan by: a. Increasing the availability of capital facilities and services for future developments by removing capacity reserved for approved developments that do not meet the requirements of this division by initiating and completing development within the time prescribed by this chapter or development approval; b. Minimizing the creation of an inventory of residential, commercial and industrial development which is artificially inflated; C. To enhance the value and use of land within the city by identifying and providing a system to revoke or amend development orders which have not been fully executed; and d. To ensure compliance with conditions of development approval. (b) Suspension of development orders. Suspension of development orders may occur upon f ailure t o c omply w ith o ne o r more time requirements or failure to comply with a condition of development approval. (1) Expiration of time periods. Upon expiration of any time period established by this chapter or failure to comply with, or continued violation of, a condition of development approval, no new development orders affecting the property shall be Date Prepared: January 27, 2003 Ordinance 10, 2003 Page 3 of 13 issued by the city, and no action which might tend to vest the development order shall be permitted, until a final determination is made by the growth management director, or designee, or city council pursuant to subsection (f) of this section. This suspension of development rights shall not preclude the property owner from filing a new petition for the subject property to amend or supersede an existing development order, or the city council or planning and zoning commission from approving this petition. If the property owner files a new petition, no new development orders shall be issued until the completion of the zoning process, except the development order which approves the petition. (2) Effect of suspension. This suspension of development rights shall have the following effect on new petitions and code enforcement action: a. If the property owner files a new petition, no new development orders shall be issued until the completion of the zoning process, except the development order which approves the petition. b. If the city council or the planning and zoning commission direct staff to cite the property owner for violating the provisions of the development order, new development orders shall not be issued until the alleged violation has been ruled upon by the code enforcement board and any enforcement action is completed, or penalty is satisfied. This shall not, however, preclude compliance with the specific condition after the city council or planning and zoning commission has directed the code enforcement division to cite the property owner for noncompliance with that condition. (c) Time limitations. Every development approval within. the City is intended to have a time limitation. Development approvals shall have time limitations as follows: (1) Variances. Unless the board of zoning appeals determines otherwise, an owner of record or successors or assigns shall commence construction of the improvement or improvements which are the subject of the variance within 12 months from the date of approval. Time extensions for such a development approval shall not be granted. If implementation of an approved variance is not initiated within such time frame, the approval shall be null and void. (2) Conditional uses. Such uses shall be initiated and placed in continuous use within two years or as otherwise provided in the development order approving such use. (3) Planned uUnit dDevelopments PUD . Planned unit developments shall have a defined build out date within the development order or the traffic impact analysis as reflected in a traffic concurrency certificate. If no date has been established it shall be December 31, 2003. Build out dates for PUDs that have separate DRI development orders shall follow subsection (6). DRI's shall be as defined below. „1y with the r-equir-ements provided below Date Prepared: January 27, 2003 Ordinance 10, 2003 Page 4 of 13 MrWnprw (4) Planned Community Districts (PCD). An approved PCD and peels wit n . mEeach parcel within an approved planned community district shall have a defined build out dateeeWlete the r-ers r -d tie e the plans, the installation of all in4astfuetufe and eeniffien landseaping prier- to th. -e i,,,ildeut period o f the plafmed oommuflity distr -iet, as referenced in the required traffic impact analysis for the PCD. If no date has been established it shall be December 31, 2003. PCDs shall be considered built out if the project has completed the installation of all infrastructure and the project has received building permits generating 85% of the total average daily trips as determined by the concurrence approval, otherwise the requirements of Subsection (f)(l) shall apply. (5) Site plans not within a PCD or PM Site plans shall have a defined build out date as referenced in the required impact analysis. If no date has been established it shall be December 31, the requifements pfevided below. (6) Development of regional impact. Time limitations pursuant to development orders for developments of regional impact which have been approved after August 18, 1994, shall be governed by the development order rendered for the project, as required pursuant to F.S. Sections 380.06(15)(c)2 and 3. (d) Accountability. It shall be the responsibility of the owner of record at the time of the approval, or successors or assigns to monitor and adhere to the time limitations imposed by this division. Failure of the owner of record or successors or assigns to request an extension within such time frame shall render the development approval null and void. (e) Notification. Notwithstanding that it is the responsibility of the owner of record, successors, or assigns to monitor and adhere to the time limitations imposed by this division, the city may, at its sole discretion and without further responsibility, provide the owner of record, successors, or assigns with a written courtesy notice of the pending expiration of a development approval. This notification is not intended to supplement state law or to form the basis for a property owner to allege that the owner's rights to notice or due process have been violated or abridged if the owner does not receive a timely courtesy notice or any courtesy notice whatsoever. . .. ... .. . . (6) Development of regional impact. Time limitations pursuant to development orders for developments of regional impact which have been approved after August 18, 1994, shall be governed by the development order rendered for the project, as required pursuant to F.S. Sections 380.06(15)(c)2 and 3. (d) Accountability. It shall be the responsibility of the owner of record at the time of the approval, or successors or assigns to monitor and adhere to the time limitations imposed by this division. Failure of the owner of record or successors or assigns to request an extension within such time frame shall render the development approval null and void. (e) Notification. Notwithstanding that it is the responsibility of the owner of record, successors, or assigns to monitor and adhere to the time limitations imposed by this division, the city may, at its sole discretion and without further responsibility, provide the owner of record, successors, or assigns with a written courtesy notice of the pending expiration of a development approval. This notification is not intended to supplement state law or to form the basis for a property owner to allege that the owner's rights to notice or due process have been violated or abridged if the owner does not receive a timely courtesy notice or any courtesy notice whatsoever. Date Prepared: January 27, 2003 Ordinance 10, 2003 Page 5 of 13 (f) Extensions of time limitations. The following procedure shall govern the review of an application to extend the time limit for a development order or conditions of approval. (1) Administrative extensions of time. At the discretion of the city, the department may issue one 90 -day administrative extension for the recordation of a plat, installation of all infrastructure, and/or the installation of common landscaping prior to the buildout of a residential development; or for the completion of a nonresidential development, in its entirety, as referenced in s ubsection ( c) o f t his s ection, f or a project that has reached a point of substantial completion, but however, will not be completed prior to the expiration date of the development order. This extension is subject to the owner's satisfaction of all criteria listed below. a. The submission of a complete application, together with the appropriate fee, at least 60 calendar days prior to the buildout of a phase or the buildout of the development. b. Fees and submission of all receipts evidencing payment to the city for the following, as applicable: 1. Plan review; 2. Building permit; 3. Engineering approval; and 4. An executed potable water and sanitary sewer service agreement. (2) Administrative Time Extension. At the discretion of the Growth Management Director, one 3 -year time extensions may be issued provided the following items have occurred 30 - -days prior to the approved b uild o ut d ate: D,.,,,. °, ufe f ^r e 45 eetineilFev E eee`lur-e- fvreit�, eo neil eview of an applieatiaon too ext°ciia the time limit f ., development e -de - is provided below. a. The owner of record at time of approval o r h is s uccessors o r a ssi igi s h as completed or bonded all off -site traffic mitigation requirements as described in the approved development order and traffic concurrency approvals. b. The owner of record at time of approval or his successors or assigns has paid all C ity r oad i mpact f ees f or t he entire approved project as described and codified in the development order. C. The owner of record at time of approval o r h is s uccessors o r a ssigns h as dedicated and conveyed to the City any public road rights -of -way as described in the original development order. d. The owner of record at time of approval or his successors or assigns has paid a fee for the reservation of the traffic capacity associated with the development. (3) Additional Time Extensions. Council tray direct staff to consider two additional consecutive 1 -year time extensions after the Administrative Time Extension, provided that the following items have occurred 30 days prior to the extended build out date:- Date Prepared: January 27, 2003 Ordinance 10, 2003 Page 6 of 13 a. The owner of record at time of aDDroval or his successors or assigns shall have completed the recordation of all plats. b. The owner of record at time of approval or his successors or assigns shall have completed the installation of all common landscaping as described in the development order. Staff will inform Council of each time extension. WM' WIN ... ... "APM5110. MFr-91T Mrffl "T" 111121111111 112' 111. NW WM' WIN ... ... Date Prepared: January 27, 2003 Ordinance 10, 2003 Page 7 of 13 ..:.:.�:��,,:.:,, doeumenta4ien has been and men— eempleting its review all required the iv,f ,-,��ntion the submitted- ,..tl, ++ ° r.4 avu.. of stibmitt°rl , gr- uuiau�va eeHneil and, if applieable, due nefiee. The eity WIN planning and ° ° „f the take aftergi«ifig f lle eetmeil may e ..:.:.�:��,,:.:,, determining that doeumenta4ien has been and men— eempleting its review all required the iv,f ,-,��ntion the submitted- ,..tl, ++ ° r.4 avu.. of stibmitt°rl , gr- uuiau�va eeHneil and, if applieable, due nefiee. The eity the planning and ° ° „f the take aftergi«ifig f lle eetmeil may e PI determining that doeumenta4ien has been and men— eempleting its review all required the iv,f ,-,��ntion the submitted- ,..tl, ++ ° r.4 avu.. of stibmitt°rl , gr- uuiau�va eeHneil and, if applieable, due nefiee. The eity the planning and ° ° „f the take aftergi«ifig f lle eetmeil may e e:a. If the owner of record does not request a time extension, or if the time extension is not granted, the concurrency certificate shall automatically Date Prepared: January 27, 2003 Ordinance 10, 2003 Page 8 of 13 expire and no further development activity can occur without obtaining an appropriate concurrency certificate pursuant to the concurrency management system and the approval of a new development order. Sec. 78 -75. Adopted levels of service. (a) Roadway system. For the roadway system level of service, development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for roadway systems as established in the transportation element of the city comprehensive plan and indicated in this division. (1) Methodology. For county and state roads, the methodology for evaluation of levels of service shall be the Palm Beach County countywide traffic performance standards of the county, as amended. For city roads, the method of evaluation shall be the city traffic performance standards, as amended. For purposes of determining compliance with traffic performance standards applicable to state, county, and city roads, all applications shall be managed by the city. (2) Submission of traffic impact studies. Applications for development order approval, including traffic impact studies and relevant information, shall be submitted to the city. The city shall, if necessary, distribute all relevant information to the county for evaluation. The county will review projects in the order determined by the city. Review of applications for traffic concurrency shall occur consistent with the procedures contained in the interlocal agreement between the city and the county, dated June 22, 1999. (b) Wastewater. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for wastewater treatment as established in the sanitary sewer element of the city comprehensive plan expressed in gallons per day per capita and as indicated in Table 5. Table S: Sanitary Sewer Level of Service Flow Gallons per day Per Capita Average flow 107 Peak flow 118 (c) Solid waste. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for solid waste facilities as established in the solid waste element of the city comprehensive plan expressed in pounds per capita as indicated in Table 6. Table 6: Solid Waste Level of Service Type of Waste Pounds per day Per Capita Garbage 7.03 Date Prepared: January 27, 2003 Ordinance 10, 2003 Page 9 of 13 Yard Debris 1 1.18 (d) Drainage system. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the drainage system as established in the drainage element of the city comprehensive plan and the land development regulations. (1) New development. New development must comply with the criteria listed below, and with the additional criteria of subsection (2). a. Criteria No. 1. Finished floor elevation will be located above the flood or high water level from a 100 -year, three -day storm event with zero discharge, or the 100 -year flood elevation established by the Federal Emergency Management Agency (FEMA) flood insurance rate maps, which is greater. b. Criteria No. 2. Designed to accommodate either of the following standards. 1. Ten or more acres: conveyance and retention/detention designed for a three -day, 25 -year storm event; or 2. Less than ten acres: conveyance and r etention/detention f or a o ne- day, 25 -year storm event. (2) Additional criteria. Off -site discharges are limited to the criteria listed below: a. Off -site discharge are limited to historic, pre - development discharges; and b. Retention/detention shall comply with either of the following: 1. Wet storage is limited to the greater of the first one inch of run -off or 2.5 inches multiplied by the percent of impervious area for the project; or 2. Dry storage will be at least 75 percent of wet storage. (3) Roadways. Roadway flood protection for thorou hg fareloeal -roads shall: a. Protect from flooding the crown of the road during a ten -year, one -day storm; b. Protect from flooding the crown of a road for all other roads during a 25- year, one -day storm; or C. Comply with county or Florida Department of Transportation (FDOT) requirements where applicable. (4) South Florida Water Management District. All of the levels of service in this subsection shall be in accordance with applicable rules and regulations of the South Florida Water Management District (SFWMD), as amended. (e) Potable water. Development activities shall not be approved unless there is Date Prepared: January 27, 2003 Ordinance 10, 2003 Page 10 of 13 sufficient available capacity to sustain the following levels of service for potable water as established in the potable water element of the city comprehensive plan expressed in gallons per day per capita at a minimum pressure as indicated in Table 7. Table 7: Potable Water Level of Service Standards Demand Level of Service GPD)(1 Average Annual Daily Consumption 191 d/ er capita Peak 24 -Hour Water Consumption 258 d/ er capita Storage Capacity 34.4 d/ er capita Pressure 20 psi at distribution main 2 Minimum Water Treatment Plant Capacity 258 gpd/per capita Notes: (1) GPD = Gallons per day. (2) PSI = Pounds per square inch. (f) Recreation. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the recreational facilities as established in the city comprehensive plan as indicated in Table 8. Table 8: Parks and Recreation Level of Service Type of Park Facility Level of Service Neighborhood and Community Parks (1) 3.7 acres /1,000 population (permanent residents) Note: (1) = Improved parks. (Ord. No. 17 -2000, § 38, 7- 20 -00) Sec. 78 -77. Concurrency certificates. (a) Exemptions. There are specific projects or development that are exempt from concurrency and will be issued a certificate of exemption by the department upon an application for a development permit or the granting of a time extension for a development order. These exemptions are identified below: (1) Vested development. Vested means any project for which a development order has been granted prior to the adoption of the city concurrency management system and the project has progressed in accordance with the concurrency requirements of the development order and the city's land development regulations. Traffic concurrency can not be vested bevond the time extension limit of the buildout date. (2) Amendment to a vested development. A change to a vested project that does not create additional impacts, provided that the project is in compliance with the original development order and any amendments thereto. Date Prepared: January 27, 2003 Ordinance 10, 2003 Page 11 of 13 (3) No additional impacts. Accessory buildings or structures that do not create additional impacts on public facilities. (4) Replacement. Replacement of an existing structure without creating any additional impacts. (5) Certain residential lots. Single - family and duplex residential units to be built on existing platted or unplatted lots that were created prior to the adoption of the city concurrency management system. (6) Developments of regional impact. Developments of regional impact approved prior to the adoption of the city concurrency management system and being implemented in compliance with F.S. Chapter 380. The city shall issue such projects a certificate of exemption, indicating the specific reason such project is exempt and the specific amount of development, including number and type of residential units, number and type of nonresidential building square feet, and any maximum development limit, such as number of trips, phasing, or specific buildout dates that may be associated with such project. (b) Time extension. if the pr-qjeet has not pr-egressed in meer-danee with the eenetiffene The developer may request a time extension wh ie shall be heard and deeided upen by 4he eity eauneil. The eity eouneil shall make a fipAing time extension. The following shall be minimum er-iter-ia useq -by the eity eetmeil in .,l,,. ting the good fi ith erg-efts and progress e fthe deve epe in accordance with paragraph 78 -61 .: (c) Certificate of concurrency reservation. This certificate is issued by the department and constitutes proof that adequate public facility capacity exists and is reserve to accommodate a proposed project at the time a project's impacts will occur. PIN 2110TT". WWI ... .... ... .. . _ . .... (c) Certificate of concurrency reservation. This certificate is issued by the department and constitutes proof that adequate public facility capacity exists and is reserve to accommodate a proposed project at the time a project's impacts will occur. Date Prepared: January 27, 2003 Ordinance 10, 2003 Page 12 of 13 (d) Certificate of conditional concurrency reservation. This certificate is issued if the department determines the criteria listed below is applicable. (1) Lack of capacity. The department determines that there is not sufficient public facility capacity with regards to a given project. (2) Development order approval. The applicant is desirous of requesting development order approval for an application. (3) Installation of required improvements. The applicant enters into negotiations with the city to expand public facility capacity, at the applicant's expense, in accordance with the adopted level of service as set for the in the capital improvement element of the comprehensive plan and the land development regulations. Once the applicant and the city reach a mutually acceptable understanding, a developer agreement shall be prepared and shall become part of the development order. This agreement will ensure that adequate public facility capacity will be available at the time of project impacts. SECTION 3. It is the intention of the City Council and it is hereby ordained that the provisions of this ordinance shall be made a part of the Code of Ordinances of the City of Palm Beach Gardens, Florida, and that Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section ", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4. All Ordinances or Parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance than can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 6. This ordinance shall be effective upon the date of adoption. Date Prepared: January 27, 2003 Ordinance 10, 2003 Page 13 of 13 PASSED, FIRST READING the -th day of March, 2003. PASSED, SECOND READING this day of , 20—. PASSED, ADOPTED AND APPROVED this day of , 20_. SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY AYE NAY ABSENT ,d PMf CITY OF PALM BEACH GARDENS MEMORANDUM To: Mayor and City Council Members From: Charles K. Wu, Growth Management Administrator OL-11 Date: February 20, 2003 Thru: Ron Ferris, City Manager Subject: Zoning In Progress for Valet Parking At the Council Meeting of October 17, 2002, the Growth Management Department was given direction by Vice Mayor Carl Sabatello to prepare an amendment to the City's Land Development Regulations that would allow for the regulation of valet parking facilities within the City. The Growth Management Department is actively formulating such an amendment with an intended target date for adoption in July of 2003. In the interim, Staff is requesting that the City Council declare a Zoning In Progress (ZIP) for all valet parking operations. This will provide the Growth Management Staff with the legal standing to hold proposed valet parking requests until such time when the aforementioned amendment is adopted. Cc: Talal Benothman, Principal Planner Michael J. Sanchez, Senior Planner ik, City of Palm Beach Gardens Council Agenda February 20, 2003 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 20, 2003 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: a. Boy Scout Troop 712 V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: rtl5sw 51z) a. Resolution 24, 2003 — Mirasol Parcel 24 Zero Lot Lines. A resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of a site plan application for Parcel 24 with a total of 50 zero lot line single - family units located within the Mirasol PCD and as more particularly described herein OV01D 'IV providing for a condition of approval; providing for waivers; providing for ,F,60 conflicts; providing for severability; and providing for an effective date. b. Resolution 27, 2003 — Appointing Election Officials for the General Election on Tuesday, March 11, 2003. A resolution of the City Council of the City of Palm Beach Gardens, Florida, Appointing the Election Officials for the General Election to be held in the city on Tuesday, March 11, 2003; providing for conflicts; providing for severability; and providing for an effective date. C. Resolution 31, 2003 - Unity of Title for Westminster and Burns Road. A resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the Mayor and City Clerk to execute a Unity of Title relating to the Burns Road Community Center; providing for conflicts, providing for severability; and providing for an effective date. d. Resolution 35, 2003 — Evergreen PCD Plat #5. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Evergreen P.C.D. Plat Five (Parcel 8) plat and, providing for conflicts; providing for severability; and providing for an effective date. IX. PUBLIC HEARINGS: a. Ordinance 8, 2003 — Communication Tower Amendments. An ordinance of the City Council of the City of Palm Beach Gardens, Florida providing for an amendment to the city code of ordinances relating to the location and siting of telecommunications towers; amending Section 78 -154, "Planned Unit Development overlay district (PUD)," Section 78 -155, "Planned Community Development overlay district (PCD)," and Section 78 -159, Footnote (64), "Wireless Telecommunication Facilities," of Chapter 78, "Land Development," providing for codification; providing-for conflicts; providing for severability; and providing for an effective date. X. RESOLUTIONS: a. Resolution 26, 2003 — Clear Channel Billboard Agreement. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a billboard 0 relocation agreement with Clear Channel Outdoor and authorizing the Mayor and the City Clerk to execute the agreement on behalf of the city; providing for conflicts; providing for severability; and providing for an effective date. b. Resolution 34, 2003 — Work Authorization for Engineering Services. A resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of a work authorization for engineering services with the firm of LBFH, a� Inc. in connection with the creation of two special assessment districts; authorizing the Mayor and the City Clerk to execute said agreement; providing for conflicts; providing for severability; and providing for an effective date. C. Resolution 36, 2003 — Supporting the Alternate Design options for the State Road 710 Turnpike Interchange. A resolution of the City Council of the City of Palm 0 Beach Gardens, Florida, supporting the alternate design options for location of the State Road 710 Turnpike interchange proposed by the Steeplechase property owners association; providing for conflicts; providing for severability; and providing for an effective date. XL ORDINANCES: (For Consideration on First Reading) a. Ordinance 1, 2003 — Wachovia Bank Building Rezoning. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of rezoning 2.51 acres of land located at the southeast corner of PGA Boulevard and Military Trail, as described herein, from General Commercial (CG -1) to Planned Unit Development (PUD) Overlay with an Underlying Zoning of General Commercial (CG -1); amending the City of Palm Beach Gardens Official Zoning Map accordingly; providing for a condition of approval; providing for a waiver; providing for conflicts; providing for severability; and providing for an effective date. b. Ordinance 6, 2003 —Small Scale Amendment C to MXD Donald Ross Village. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for a small scale Land Use map amendment to the comprehensive plan of the City of Palm Beach Gardens by changing the land use designation on v approximately 8.18 acres of land located at the southwest corner of Central Boulevard and Donald Ross Road, from Commercial ( C ) to Mixed -Use (MXD); providing for adoption; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. C. Ordinance 7, 2003 — Legends at the Gardens. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of an approximately 21.72 -acre parcel of land from Planned Development Area (PDA) to a Residential Mixed -use Planned Unit Development (PUD) overlay, to be known as "Legends at the Gardens," by o approving the construction of 19,375 square feet of business office use, 19,375 square feet of Neighborhood Commercial (CN) use, 186 multi - family dwelling units, and associated amenities, located on the southwest corner of Donald Ross Road and Central Boulevard, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. d. Ordinance 9, 2003 — Burns Road Community Recreation Campus. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the rezoning of approximately 15.9 acres of city -owned land from Public / Institutional (P /I), with a partial conditional use overlay, to a Planned A Unit Development (PUD) overlay with an underlying zoning of Public / �j Institutional (P /I), known as the Burns Road Community recreation campus and approving site plan improvements and renovation of a 3,273 square -foot annex building, located at the southeast corner of Military Trail and Burns Road, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: a. LDR Adjustment for build out date re- definitions b. Zoning In Progress (ZIP) for valet parking XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT 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 5 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. U m (L o U I— v O0 L LL Q CA O Z *� wa C 7 C � O °C U C h d� a � N a z Q U N V 6) U S IL a0i a� *' E N � 0 Q = O � U � c '0�•4-0 o M L Q% V L � �-'aoro a N a� 41 o 41 on _E_ N 0 E L Et D*' m �av� U m 'U a 0 U �U O� LPL Cl) O H� z *� w 7 G O °C .+l Aj V � � U � a. c a, *' E N m � � o a Eon U N E 20 MA 0 U 0 O M c o � o =moo N a V E N . •� L }ti L c o. N co r -0 co co o o E i o E C E O C +' N p o r � aU H Q Z co v c a N; N O V a z 4 U cn V � � U � a. c a, *' E N m � � o a Eon U N E 20 MA 0 U 0 O M c o � o =moo N a V E N . •� L }ti L c o. 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C N U L Q� � O m m � aU H J_ C a. 03 UCA co F— U O U. � Cl) o CZ N G � O CC U C M CL O N 11 VIN E co Z 1 M I , N V � 0 '0 �+ Q U N F •z 4' E (D L � Q 0 N N a: r N N 0 4J s 0 c H E 0 M C L tU L 0 N a , _ 0 3 a v E � O N � c �10�! � W 0 c� c � N 0 0 � O C 'V N CL U H U J_ m �V D. O WV OP-) L� Cl) O H4' W G � O °C U L V 1 0 N � cEd a z Q U N V � � U = 4J � o Q c � o E N 0 U t E +, E a c ~ E =moo N a V E N � N 0 . c o. r0�° o E i p E 0 E � 0 p r � aU H City of Palm Beach Gardens Council Agenda February 20, 2003 Council Chambers ►� ;1,3 10500 N. Military Trail Palm Beach Gardens, FL 33410 /Mayor Jablin Council Member Clark Council Member Russo Nice Mayor Sabatello ✓Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 20, 2003 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: va• Boy Scout Troop 712 V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: 'o ,,a. gResolution 24, 2003 — Mirasol Parcel 24 Zero Lot Lines. A resolution of the City I 1 ``''`Council of the City of Palm Beach Gardens, Florida, providing for the approval of 41 a site plan application for Parcel 24 with a total of 50 zero lot line single - family units located within the Mirasol PCD and as more particularly described herein providing for a condition of approval; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date. b. Resolution 27, 2003 — Appointing Election Officials for the General Election on Tuesday, March 11, 2003. A resolution of the City Council of the City of Palm Beach Gardens, Florida, Appointing the Election Officials for the General Election to be held in the city on Tuesday, March 11, 2003; providing for conflicts; providing for severability; and providing for an effective date. ✓ c. Resolution 31, 2003 - Unity of Title for Westminster and Burns Road. A resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the Mayor and City Clerk to execute a Unity of Title relating to the Burns Road Community Center; providing for conflicts, providing for severability; and providing for an effective date. d. Resolution 35, 2003 — Evergreen PCD Plat #5. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Evergreen P.C.D. Plat Five (Parcel 8) plat and, providing for conflicts; providing for severability; and providing for an effective date. IX. PUBLIC HEARINGS: aa. Ordinance 8, 2003 — Communication Tower Amendments. An ordinance of the �� pp City Council of the City of Palm Beach Gardens, Florida providing for an p Ss �� amendment to the city code of ordinances relating to the location and siting of telecommunications towers; amending Section 78 -154, "Planned Unit Development overlay district (PUD)," Section 78 -155, "Planned Community Development overlay district (PCD)," and Section 78 -159, Footnote (64), "Wireless Telecommunication Facilities," of Chapter 78, "Land Development," providing for codification; providing for conflicts; providing for severability; and providing for an effective date. X. RESOLUTIONS: ✓ a. Resolution 26, 2003 — Clear Channel Billboard Agreement. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a billboard relocation agreement with Clear Channel Outdoor and authorizing the Mayor and the City Clerk to execute the agreement on behalf of the city; providing for E,5 / conflicts; providing for severability; and providing for an effective date. b. Resolution 34, 2003 — Work Authorization for Engineering Services. A resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of a work authorization for engineering services with the firm of LBFH, !� 0- Inc. in connection with the creation of two special assessment districts; r authorizing the Mayor and the City Clerk to execute said agreement; providing for ,3 q'd conflicts; providing for severability; and providing for an effective date. C. Resolution 36, 2003 — Supporting the Alternate Design options for the State Road Q 710 Turnpike Interchange. A resolution of the City Council of the City of Palm �1�•�S� Beach Gardens, Florida, supporting the alternate design options for location of the State Road 710 Turnpike interchange proposed by the Steeplechase property owners association; providing for conflicts; providing for severability; and providing for an effective date. 3- rcLSv �- Pc3c� c e C a_,L/ Z e (o Lo L,3-0 J,- �,l to Fy�' V0 M S-t e- f-Olt, XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 1, 2003 — Wachovia Bank Building Rezoning. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval - of rezoning 2.51 acres of land located at the southeast corner of PGA Boulevard and Military Trail, as described herein, from General Commercial (CG -1) to Planned Unit Development (PUD) Overlay with an Underlying Zoning of General Commercial (CG -1); amending the City of Palm Beach Gardens Official Zoning Map accordingly; providing for a condition of approval; providing for a waiver; providing for conflicts; providing for severability; and providing for an effective date. b. Ordinance 6, 2003 —Small Scale Amendment C to MXD Donald Ross Village.. An ordinance of the-City Council of the City of Palm Beach Gardens, Florida, QQ S providing for a sma scale Land Use map amendment to the comprehensive plan 11 of the City of Palm Beach Gardens by changing the land use designation on 5� approximately 8.18 acres of land located at the southwest corner of Central Boulevard and Donald Ross Road, from Commercial ( C ) to Mixed -Use (MXD); providing for adoption; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. C. Ordinance 7, 2003 — Legends at the Gardens. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of an approximately 21.72 -acre parcel of land from Planned Development Area (PDA) to a Residential Mixed -use Planned Unit S' Development (PUD) overlay, to be known as "Legends at the Gardens," by approving the construction of 19,375 square feet of business office use, 19,375 square feet of Neighborhood Commercial (CN) use, 186 multi - family dwelling units, and associated amenities, located on the southwest corner of Donald Ross Road and Central Boulevard, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. d. Ordinance 9, 2003 — Burns Road Community Recreation Campus. An ordinance of the Citv Counc 1 of the City of Palm Beach Gardens, Florida, providing or F pa proval of the rezoning of approximately 15.9 acres of city -owned land from �e Public / Institutional (P/I), with a partial conditional use overlay, to a Planned Unit Development (PUD) overlay with an underlying zoning of Public / Institutional (P/1), known as the Burns Road Community recreation campus and approving site plan improvements and renovation of a 3,273 square -foot annex building, located at the southeast corner of Military Trail and Bums Road, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: a. LDR Adjustment for build out date re- definitions b. Zoning In Progress (ZIP) for valet parking XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT 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 5 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. Florida Department of Transportation JEB BUSH DIRECTOR of PLANNING and PRODUCTION GOVERNOR 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309 -3421 Telephone: (954) 777 -4411 Fax (954) 777 -4197 Internet Email: eeny oreillv dot.state.fl.us Toll Free: 1- 866 - 336 -8435 February 14, 2003 Mr. Randy Whitfield Director of Metropolitan Planning Organization Palm Beach County 160 Australian Avenue Suite 201 West Palm Beach, Florida 33406 THOMAS F BARRY, JR. SECRETARY SUBJECT: Repair & Rehabilitation of PGA Blvd. Bascule Bridge over the ICWW F.M. No. 229898- 1 -52 -01 Bridge No's.: 930349 & 930106 City of Palm Beach Gardens Palm Beach County Dear Mr. Whitfield: FDOT has revisited all ongoing and/or upcoming roadway construction schedules near the PGA Blvd. bridge rehabilitation project as discussed during the last Palm Beach Metropolitan Planning Organization (MPO) meeting held on Thursday, January 16, 2003. The revised table provided on the following page now includes all anticipated state, county and local construction projects scheduled to begin within the next three years. The table shows the PGA bridge rehabilitation project will overlap two other jobs, the PGA & Alternate AIA grade separation and the US -1 resurfacing project. The overlap should only last approximately two months and five months respectively. Please note that all local and county projects are scheduled for completion prior to commencement of our rehabilitation. The MPO also requested that FDOT consider a six -month construction delay in lieu of a one -year delay as previously asked for. The current schedule calls for construction to begin in April 2004 with an estimated construction time of 720 days. Based on this schedule the project should only impact two tourist seasons, even if there are significant delays in the work. However, if the project is delayed six months as requested by the MPO, there will be the potential for three tourist seasons to be impacted if any work delays occur. In addition, the existing bridge geometry continues to adversely affect the durability and maintainability of this bridge as mentioned in the FDOT letter dated December 24, 2002. The 2eometry is such that the westbound bridge supports 3 t/2 travel lanes while the CE11 T7 n �: METROPOLrA, , ^[.."r•;: ORG. www.dot.state.fLus E) RECYCLED PAPER Mr. Randy Whitfield February 14, 2003 Page 2 eastbound bridge supports 2 '/2 travel lanes. This uneven lane distribution between the two structures creates torsional stresses throughout the westbound bridge frame and trunnions. The trunnions are large metal shafts about which the bridge rotates when it is lowered and raised for marine traffic. These torsional stresses have caused trunnions to wear unevenly, required periodic bolt tightening/replacement and required roadway deck re- welding to stringers and floor beams. FDOT recently completed a $1.6 million minor rehabilitation project on this bridge approximately two years ago that repaired the aforementioned damage. However, the overall geometry and lane configuration of the bridge was not altered. The current major rehabilitation project includes significant structural modifications to the existing bridge geometry that x:-:11 eliminate the recurring maintenance problems that plague this bridge and impact local residents and businesses. Therefore, FDOT reaffirms its position that this rehabilitation project should begin as scheduled in April 2004 based on the latest construction schedules, the economic impacts of tourism in the vicinity of the project and the existing condition of the bridge. SURROUNDING AREA ROADWAY CONSTRUCTION SCHEDULES PROJECT DESCRIPTION OWNER START ANTICIPATED FINISH PGA Blvd. Resurfacing from Fairchild FDOT Ongoing April 2003 Gardens Ave. to US -1 (S.R. 5) Burns Rd. Widening from Military Tr. Palm Beach Ongoing May 2003 to Prosperity Farms Rd. Co. A I A (S.R. 811) Widening from Permit Job Ongoing June 2003 Gardens Pkwy, to Donald Ross Rd. Gardens Pkwy. Extension from Palm Beach Ongoing Nov. 2003 Gardens Mall to Prosperity Farms Rd. Co. PGA Blvd. @ Prosperity Farms Rd. Permit Job April 2003 Nov. 2003 Intersection Improvements PGA Blvd. @ Prosperity Farms Permit Job April 2003 Nov. 2003 Prosperity Farms Rd. Widening north Permit Job March 2003 Feb. 2004 of PGA Blvd. to Lone Pine Rd. Hood Rd. Widening from Military Tr. Palm Beach May 2003 March 2004 to Al A (S.R. 811) 1 Co. US -1 Resurfacing from Silver Bch. Rd. FDOT March 2003 June 2004 to I.C.W.W. Parker Bridge) PGA Blvd. Grade Separation @ Al FDOT Ongoing Sept. 2004 PGA Blvd. Bascule Bridge FDOT April 2004 April 2006 Rehabilitation Mr. Randy Whitfield February 14, 2003 Page 3 If you need further information, the FDOT Project Manager for this job, Jose Velarde, can be reached at (954) 777 -4677. cc: Commissioner Marcus M. Alian (FDOT) Jose Velarde (FDOT) T. Noles (H &H) Sincerely, C� Ge O'Re' ly, P.E. Director Planning and Product on District Four HEWITT & SMILEY Fax:l- 561 -624 -5469 Feb 19 '03 Saadtrse Aomeour"" .�fssocialion, inc. April 10, 2002 VIA FACSIMILE TRANSMISSION (561) 799.4111 Taial Benothman, Growth Manager City of Palm Beach Garddens 10500 North Military Trail Palm Reach Gardens, FL 33410 Re: Centex Application 8:29 V.U1 /U1 P.O. Box 30481 Palen Beach GWdem,1133420 Please be informed that on February 4, 2003 Sandtree Homeowners Association unanimously amended our Declaration of Covenants and Restrictions to include Lots 31 thru 52 of the P.U.D. as Common properties. Also be advised that the Association is in full support df the Conservation Easement as A relates to these lots. SAN TREE HOMEOWNERS ASOCIAT14N f S S# Donna Lentz President tmt map � /� /n � �s :F }� F� :l./ � ✓'J (c) Time limitations. Every development approval within the City is intended to have a time limitation. Development approvals shall have time limitations as follows: (1) Planned Unit Developments (PUD). Planned unit developments shall have a defined build out date within the development order or the traffic impact analysis as reflected in a traffic concurrency certificate. If no date has been established it shall be December 31, 2003. Build out dates for PUDs that have separate DRI development orders shall follow subsection (6). DRI's shall be as defined below. (1) Planned Community Districts (PCD). An approved PCD and each parcel within an approved planned community district shall have a defined build out dateas referenced in the required traffic impact analysis for the PCD. If no date has been established it shall be December 31, 2003. PCDs shall be considered built out if the project has completed the installation of all infrastructure and the project has received building permits generating 85% of the total average daily trips as determined by the concurrency approval, otherwise the requirements of Subsection (f)(1) shall apply. (2) Site plans not within a PCD or PUD. Site plans shall have a defined build out date as referenced in the required impact analysis. If no date has been established it shall be December 31, 2003. 3 f(1) Administrative Time Extension. At the discretion of the Growth Management Director, one 3 -year time extensions may be issued. Staff will inform Council of each time extension. The time extension shall be granted provided the following items have occurred 30 -days prior to the approved build out date: a. The owner of record at time of approval or his successors or assigns has completed or bonded all off -site traffic mitigation requirements as described in the approved development order and traffic concurrency approvals. b. The owner of record at time of approval or his successors or assigns has paid all City road impact fees for the entire approved project as described and codified in the development order. C. The owner of record at firne of approval or his successors or assigns has dedicated and conveyed to the City any public road rights -of -way as described in the original development order. d. The owner of record at time of approval or his successors or assigns has paid a fee for the reservation of the traffic capacity associated with the development. (3) Additional Time Extensions. Council may direct staff to consider two additional consecutive 1 -year time extensions after the Administrative Time Extension, provided that the following items have occurred 30 days prior to the extended build out date: a. The owner of record at time of approval or his successors or assigns shall have completed the recordation of all plats. b. The owner of record at time of approval or his successors or assigns shall have completed the installation of all common landscaping as described in the development order. a. If the owner of record does not request a time extension, or if the time extension is not granted, the concurrency certificate shall automatically expire and no further development activity can occur without obtaining an appropriate concurrency certificate pursuant to the concurrency management system and the approval of a new development order. ', =rm L h CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS 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 TO: FROM: DATE: FILE NO. MEMORANDUM Ron Ferris, City Manager Sean C. Donahue, P.E. 601D February 17, 2003 79 -0050 ce SUBJECT: South Square Lake Road Closure at Military Trail (Adjacent to the Gardens Oaks Development) As directed, we have investigated the road closure proposed by Palm Beach County and the Square Lakes Development, adjacent to (west of) the Gardens Oaks Development. Currently the Square Lakes Development has two ingress /egress points__ on: _ Military Trail adjacent to the , Garden Oaksi Development. The ou h sernmost ingress /egress shares a median opening with the Gardens Oaks Degvelo gent. T p oyosed modo�c gions consist of closi� thegouthnmost P P P l -_ _ _ in ress /e ress com letel and chan in the northernmost in ress /e ress point to an egress oAY�, We have received information from the palm Beach County - Land — Development Division (see attached). Based on this information(POn February 25;., 2003, the Palm Beach County Board of County Commissioners_ will consider request to close South Square a e nve aridclange North Square Lake Drive into a into bound, exit only, drive unto Military Trail (from the Square Lake Development). The request from the Square Lake Development residents was received. by Palm Beach County Land Development, on September 5, 2002. A public information meeting was held on November 18, 2002, with the Square Lake Community. Thirty -two residents (of 168 residents) attended the public information meeting. One hundred and thirty -two residents signed the petition to close South Square Lake Drive and 5 residents were opposed to it. A summary of that meeting includes; • The residents are concerned with the current and future cut through traffic, following the development of lands to the north and south of the development. => Square Lake North Planned Development District => Square Lake Plaza South, a planned office business park. • The residents desire to close South Square Lake Drive and restrict North Lake Drive to eliminate the perceived hazard. =:> South Square Lake Drive is opposite the entrance to Gardens Oaks. IWO Square Lakes Road Closure Page 2 of 2 LBFH File No. 79 -0050 In the staffs report to the Board of County Commissioners, for their consideration at their February 25"' meeting, the staff notes and recommends the following: • The County Engineering Department does not support the request because: The roads provide connectivity for these residents to both Military Trail and Northlake Boulevard. => Closing the roads will divert approximately 700 vehicles to surrounding roads increasing traffic on those routes. (Lillian Avenue, South Virginia Avenue, Bates Road and North Bates Road). A study done by PBC Engineering after the informational meeting noted that during peak a.m. hours four (4) vehicles traveled from North Bates Road to North Square Lake Drive or South Square Lake Drive. During peak p.m. hours five (5) vehicles traveled the same route. Palm Beach County Staff recommends that the request be denied and that they be directed to do a traffic study, upon completion of the pending developments, prior to the Board making a final decision on the potential closures. SCD /mef cc: Dan Clark Charles Wu Kara Irwin PAPbgmemo \0050 \0050zzzo.doc S3UMMARYSOUT Y SQUARE LAKE DRIVEROADCLOSURE MEETING OFNOV_EMBERIS. 2002 AT 6:30 P.M. NORTH COUNTYREGIONAL LIBRARYII303 CAMPUS DRIVE PALMBEACH GARDENS Neighbors attending: 1. David Sherman - 4529 Square Lake Drive 2. Chris & Sue Anderson - 8675 Square Lake Drive 3_ Joe Gettys - 8042 45th -Way North 4. Nancy Wilson - 4992 S Kay Street 5. Bill Glass - 8844 N Bates Road 6. Bill Ulrich - 4795 Lillian Avenue 7. Walter and Kathy Mulford - 8315 S Bates Road 8. Robert Carter - 5536 52 Drive South 9. Susan Buono - 8601 Square Lake Drive 10. Steve Chadmaer - 8791 North Elizabeth Drive 11. Ray and Carolyn Schneider - 8796 S Bates Road 12. Anthony Long - 4579 Square Lake Drive 13. Joe Martin - 4778 Square Lake Drive 14. Kay Temont - 8844 N Elizabeth Avenue 15. Jim & Dodie Bachan - 4678 Square Lake Drive 16. Jean Campbell - 4628 Square Lake Drive 17. Lyn Brown - 8233 S. Virginia Avenue 18. 'Timothy Wade - 8348 S Bates Road 19. Gayle Wilson - 4703 Square Lake Drive 20. David Witala - 8401 S. Elizabeth Avenue 21. Beth Hallquist - 4911 N Kay Street 22, Kathy Livingston - 8187 S. Virginia Avenue 23. Joe and Grace Majerezak - 8438 Square Lake Drive 24. Brian Chegus and Donald Hearing - 1934 Commerce Lane #1 Jupiter, FL 25. Peter Blanc - 8287 N. Elizabeth Avenue 26_ Kenneth Barr, Jr. - 4660 Square Lake Drive 27. Denis Joseph - 390 Woodbine Way 28. Tim Cornell - 8275 S Bates Road 29. Paul Rose - 4812 Square Lake Drive 30. Jim & Susan Palermo - 4970 N. Kay Street 31. Ray and Liese Hookey - 8645 Square lake Drive 32. Donna Morris and James Freeman - 8855 N. Bates Road 33. David Hills - 4655 Square Lake Drive Staff attending: Dan Weisberg, P.E., Traffic Division Larry Roberts, P.E., Land Development Division Signe Miller, Land Development Division Patricia Weaver, Commissioner Marcus's office The neighbors indicated that they wanted to create an "enter only" on North Square Lake Drive and close (barricade) all traffic onto South Square Lake Drive. This would eliminate approximately 50% of the directional traffic and ease the amount of Cut - through traffic. The neighbors voiced their concerns about safety and security. There are no sidewalks and the road closure would discourage cut - through traffic. They discussed the many possible traffic directions that exit out of Square Lake Development. When exiting onto Military Trail, adjacent to Garden Oaks, many cars make "U" turns, creating a dangerous situation. There was discussion about the traffic being generated from North and South Plaza and the impact it has on Lilian Avenue, Mr. Joe Martin stated that there were 600 trips per day generated from traffic from North Plaza and 350 trips per day from Lillian Avenue and 1,000 trips per day for North Virginia Avenue. He felt that Square lake was a unique community. Many residents walk and there are a number of children in the neighborhood. It is his opinion that there is very low visibility (which many residents are not aware of) within Square Lake Development. The traffic generated from Garden Oaks and the golf cart traffic, create a dangerous situation. There is cut through traffic that speeds through this neighborhood. Mr. Martin said that there are one hundred and sixty eight (168) residences within Square Lake. One hundred and thirty -two Page 1 of 2 TO 3DVd 1N3W3d0_13A39 9W01 EZTVV89199 GV :ZT E007,/VT/Z0 (112) residents want the road closed and five do not. He said the approximately 50% of the traffic uses Square Lake Development as a cut through. Devosta is developing commercial uses to the north and south of Square Lake. This commercial traffic will generate approximately 1,724 trips per day. Fifty percent of this traffic cuts through Square Lake to go either north, west or east. Mr. Don Hearing, a representative from Devosta, supports this road closure. Devosta has committed to providing some lush landscaping, buffering Square Lake from their proposed commercial development located north and south of Square Lake. Peter Blanc understands the community's concerns but he feels that the community should wait until after the commercial developments are completed and then monitor the cut through traffic. Joe Majerczak said that the Sunday church traffic creates problems when exiting onto Northlake Boulevard. It was suggested that he contact the Sheriff s office requesting traffic control on those problem days. He is opposed to closing the road. He expressed his concerns about how dangerous it is exiting onto Northlake Boulevard from Bates Road. He is concerned about the traffic going 55 mph on Northlake Boulevard and cars making U turns. There have been accidents on Northlake Boulevard between Turnpike and Military Trail. Kathy Livingston asked about placing speed humps on Lilian Avenue. Staff suggested that she contact the Traffic Division. The neighborhood asked what recommendation would be made to the Board of County Commissioners and staff responded that the traffic department would be making a recommendation based on the traffic studies and the Board would be making the final decision. The property owners stated that they would be willing to pay $1 5,000 for the road closure if funds were to become an issue. Meeting adjourned Page 2 of 2 ZB 39t/d 1N3W3d013A3Q UN,il CZTVV89T95 GV :ZT C00Z /V1/Z0 Agenda Item #: AGE24DA ITEM SUA4W Meeting Date: February 25, 2003 [ ] Consent [ ] Regular I l Workshap [7{] Public Hearing Department: Submitted By: Engineering and Public Works Submitted For: Land Development Division Motion and Title: Staff: A. Re=nmends a motion to: Deny a request to close South Square Lake Drive, replacing it with a sidewalk, and change North Square Lake Drive to one -way eastbound only. B. Requests Board direct staff to: Prepare a traffic study of the impact of the traffic associated with the proposed ccmaercial projects in the Square Lake neighborhood within six months of the issuance of the first Certificate of Occupancy. These commercial projects are Square Lake North Planned Development District, located at the northwest corner of Square Lake Drive and Military Trail (Petition No. 2001 -043, Resolution R- 2002 -1969) and Square Lake Plaza South, a Planned Office Business Park located on the southwest corner of Military Trail and Square Take Drive (Petition No. 1989 -065, Resolution R -1999 -325). C. Requests Board direct staff to: Schedule a public hearing to address this proposed road closure within sixty (60) days of the commencement of the future traffic study. OR gumld the Board approve of the road closure, then the Board should: 1) Adopt a resolution: to close South square Lake Drive, replacing it with a sidewalk; change North square rake Drive to one -way eastbound only; and 2) approve a budget transfer of $15,000 in the Transportation Improvement EUmd from Reserve for District 1 to Square lake Road Closure - District I Su mmary: The requested road closure is located on the west side of Military Trail, just south of Northlake Boulevard. The Square Lake homeowners submitted an application requesting the board of County Commissioners to close South Square Lake Drive and change North Square Lake Drive to one -way eastbound only to prevent cut- through traffic through their community. The Engineering Department is recomiending denial of this request. This proposal would reduce circulation and connectivity in the surrounding area and result in little, if any, traffic benefit. if this resolution is approved, approximately 700 vehicles would be diverted to the surrounding roads, resulting in increased traffic or, those streets. District: 1 (PK) Backgrowd and Policy Issues (Continued on Page 3) AttarImnants: 1. Location Sketch 2. Resolution (should road closure be approved) 3. Cost Estimates 4. District Cam-ission Authorization 5. 'Budget Transfer (should road closure be approved) Recamiended by: Division Director Date Approved By: County Engineer Date Pef:sqare- L3Ke-Fti+� 60 39Vd 1N3W3d0_13A3Q QNV7 EZTVV89T95 6V:ZT E00Z /VT /Z0 II. FISCAL njPALT ANALYSIS A. nve Year SunTnary of Fiscal lupaCt: Fiscal Years 2003 2009 2005 2006 2007 Capital Fgpenditures Operating Costa EKterrnal Revenues Pmrc In Income (County) In -Kind Match (County) NET FISCZ+.I. nCAC:T # ADDITIONAL EM POSITIONS (Cumilative) Is Item Included In Current Budget? Yes NO Budget A000unt No.: Flmd Agency O=g. C%ject Reporting CategoiY B. Recommended Sources of Funds /Summary of Fiscal Impact: No additional fiscal uqpkaot as a result of this item. C. Depaxtwental Fiscal Review: III. REVIEW oars A. OEM Fiscal and/or Contract Dev. and Control Camments: ObM B. Legal Sufficiency: Assistant County Attorney C. Other Department Review: Department Director Contract Dev. and Control This sufoary is not to be used as a basis for payment- - 2 - V0 39Vd 1N3W3d0-13A3Q QNd7 EZTVV89199 617:ZT E00Z /VT /Z0 Background and Policy Issues Ccmtinued The petition application was submitted to Land Development on September 5, 2002. A public information meeting was held on November 18, 2002, with the Square Lake Community. Highlights of the Public Informational Meeting of November 18, 2002 Dan Weisberg, P.E., Assistant Director of Palm Beach County's Traffic Division, and C. Larry Roberts, P.E., Senior Professional Engineer, Land Development Division, presided over the meeting. The residents expressed their concerns about: the potential volume of cut - through traffic created by Square Lake North, Planned Development District, located at the northwest corner of Square Lake Drive and Military Trail, and Square Lake Plaza South, a Planned office Business Park, located on the southwest corner of Military Trail and Square Lake Drive; an increase in the number of speeders through the neighborhood; and safety and security being compromised in the community. Thirty -two (32) residents attended the meeting. There are one hundred and sixty - eight (168) residences within Square Lake. One hundred and thirty -two (132) residents signed the petition for the road closure with one hundred and twenty -seven (127) supporting the road closure and five (5) opposed to it. The County Engineering Department does not support the request because: a) These roads provide connectivity for these residents to both Military Trail and Northlake Boulevard; b) If the road is closed, approximately seven hundred (700) vehicles would be diverted to the surrounding roads, which would create a negative traffic impact on Lillian Avenue, South Virginia Avenue, Bates Road and North Bates Road; and C) A study of the existing traffic patterns in the Square Lake neighborhood concluded that the volume of traffic and the peak hour cut - through traffic volumes on North and South Square Lake Drives are not excessive. Four (4) vehicles during the peak a.m. hour were counted traveling from North Bates Road to either North Square Lake Drive or South Square Lake Drive and five (5) vehicles during the peak p.m. hour were counted traveling the same route. Staff respectfully requests that the Board, at this time, deny the request to close the road and direct staff to perform a traffic study after these cor[anercial properties have been built to determine the actual impact to the Square Lake neighborhood, and report back to the Board for final determination. Should the Board agree to the road closure, the funding of $15,000 will come from Commissioner Karen T. Marcus' discretionary funds. Palm Beach County's Sheriff's Office, Fire Rescue, Seacoast Utilities and the School Board have no objection to the road closure. -3- 90 39vi iN3W3d0_13A3a QNV7 8ZT7489199 64 :ZT E00Z /VT /Z0 F J CL05E 5OUTH 5QUAKE LAKE DRIVE AND CHANGE NORTH 5QUAKE LAKE DRIVE TO ONE -WAY EA5113OUNP ONLY LOCATION SKETCH 90 3OVd 1N3W3d0-l3A3Q QNVI EZTD799T95 6V :ZT E00Z /4T /Z0 A-1-1-M o.. 1 �I ! I,. 1 1 �A bi 4 I d a Cie I LU 1 • 1 Zi , o.. 1 �I ! I,. 1 1 �A U V) O I d a Cie I 1 • 1 r i LO 3DVd 1N3W3d0-l3113Q QNV-I EZTDV89T99 6D :ZT E00Z /17T /Z0 RESOLUTION NO. A -2003- RESOEMIC!tmi OF MM BOARD Or COWfY C=` !ISSIONERS OF PALM MACH COUN'W, FTCA MA, TO CLOSE SOUTH SQMM LAM DRII'E AND 0MGE NORTH. SWAM TARE DRIVE TO =4W EASTBMW CNLY WHEREAS, the Board of County Couraissioners of Palm Beach County, Florida, called a public hearing to be held in the County Commissioners' Chambers, at the Goverrmh,_ntal Office Complex, West Palm Beach, Florida, on February 25, 2003, to consider and determine whether or not Palm Beach County would close South Square Lake Drive, replacing it with sidewalk and change North Square Lake Drive to one -way eastbound only; and WFU�RE'AS, notice of the holding of such meeting was duly published in the Palm Beach Post on February 1, 2003; and WHMMAS, this Board did hold said hearing as advertised and determined to close South Square Lake Drive, replacing it with sidewalk and change North Square Lake Drive to one -way eastbound only. NOW, TF EWOPE, BE IT WSMVED BY THE BOARD OF O INTY CMESSIONERS OF EXI-1 BEAM O0[ UY, FZGdt M, that: 1. The foregoing recitals are hereby reaffirmed and ratified. 2. Close South Square Lake Drive, replacing it with sidewalk and change North Square Lake Drive to one -way eastbound only. 80 39VJ 1N3W3d012A3Q aNV_1 £Z1VV89I99 GV:ZT RAA7 1nr 17a RESOLUTIQ" ? t1O. R -2003- The foregoing Fzn-solution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: CmuLi.ssioner Karen T. Marcus, Chair Commissioner Tony Masilotti, Vice - Chaim Co mussioner Jeff Koons C.amiissioner Warren H. Newell Camtissioner Mary McCarty Comnianioner Bart .Aaronson Canissioner A-Bie L. Greene The Chairman thereupon declared the Resolution duly passed and adopted this day of ,2003. PRIM BEACH COUNTY, FLCRMA BY ITS BCAM CIF OOUIM COM IISSICtUM DOiO1TciY H. WIIYEN, Clerk Ff4P or• IL County Attorney BY : Deputy Clerk 60 39Vd iN3W3d073A3Q GNtq EZIVV89195 6D:Z1 EeeZ /vI /Z0 PAR, CITY OF PALM BEACH GARDENS C+_ �- MEMORANDUM To: Mayor Jablin From: Michael J. Sanchez, Growth Management Department Date: 2/10/2003 Re: Reduced Plans — Christ Fellowship Cc: As requested, attached please find two (2) sets of reduced plans for the proposed Christ Fellowship expansion. Should you require any additional information, please do not hesitate to contact me. Thanks. 0 44 I- ill ----------- I-'/ lllr 1H, Hi I � LL. ILI 4", 77� ---------- g - - - - - - - - - - - x Ysy V1.1 �.T •..... if . aa 'SaIDPOSSV V*d duismollej 4SUL uolsuedx3 snd ON LU133 4V W IL 0 44 I- ill ----------- I-'/ lllr 1H, Hi I � LL. ILI 4", 77� ---------- g - - - - - - - - - - - x Ysy W IL p w g 16 . 0 0 Mo 6 w z wi ; ll 1 A 0 44 I- ill ----------- I-'/ lllr 1H, Hi I � LL. 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