HomeMy WebLinkAboutAgenda PZAB 061306City of Palm Beach Gardens
�Nkl
Randolph Hansen
Dennis Solomon
Craig Xunkle
M ichaeCPanczak
Douglas Pennell
Barry Present
Jonathan D. Rubins
7L 1711
June 13, 20o6
1959
Palm Beach Gardens
o'F�i
da
Joy Hecht (r, Mt.)
-Amir XaneC(z l Aft.)
CITY OF PALM BEACH GARDENS
' 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698
MEMORANDUM
DATE: June 13, 2006
TO: Planning, Zoning and Appeals Board Members
FROM: Growth Management Department
SUBJECT: Planning, Zoning and Appeals Board Meeting
Tuesday, June 13, 2006 - 6:30 P.M.
Enclosed is the agenda containing the item to be presented on Tuesday, June 13, 2006.
This meeting will be held in the Council Chambers, Palm Beach Gardens Municipal
Building, 10500 North Military Trail, beginning at 6:30 p.m.
Enclosed with this memorandum are the following items:
1. An agenda for the meeting; and
2. A Growth Management Department staff report for the item to be heard.
As always, the respective Project Manager's telephone number and e -mail address have
been provided in case you have any questions or require additional information on any
petition. This will help us offer better staff support in the review of these applications.
Nina Sorenson, Administrative Specialist II, will call to confirm your attendance.
Daniel P. Clark
Interim Growth Management Administrator
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 -4698
AGENDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, JUNE 139 2006, AT 6:30 P.M.
COUNCIL CHAMBERS
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• REPORT BY THE INTERIM GROWTH MANAGEMENT ADMINISTRATOR: DAN CLARK
• APPROVAL OF MINUTES: May 23, 2006
PLANNING, ZONING AND APPEALS BOARD
Regular Members:
Craig Kunkle (Chair)
Barry Present (Vice Chair)
Randolph Hansen
Dennis Solomon
Michael Panczak
Douglas Pennell
Jonathan D. Rubins
• SWEARING IN OF ALL PARTIES
Alternates:
Joy Hecht (1" Alt.)
Amir Kanel (2nd Alt.)
Planning, Zoning and Appeals Board
June 13, 2006
Public Hearing and Recommendation to City Council:
Ex Parte Communication (Quasi Judicial)
1. Petition CUMJ- 06- 03 -04: Elementary School at Mirasol
Public Hearing and Recommendation to City Council: A request by the School District of
Palm Beach County for approval of a Conditional Use and Site Plan to allow the
construction of a two (2) story, 127,448 square -foot elementary school on the 16.38 -acre
elementary school site within the Mirasol Planned Community Development (PCD),
generally located on the south side of Hood Road immediately west of the Florida
Turnpike.
Project Manager: Michael Sanchez. Planning Manager msanchez(W- pbgl1.com (799 -4241)
Public Hearing and Recommendation to City Council:
Ex Parte Communication (Quasi Judicial)
2. Petition PCD/NOPC- 05 -01: Amendment to the Regional Center DRI/PCD
(To be postponed to June 27, 2006)
Public Hearing & Recommendation to City Council: A request by Brian Cheguis of
Cotleur & Hearing, agent for Menin Acquistion 1, LLC, to amend the Development
Order for the Regional Center Development of Regional Impact (DRI) and the Planned
Community Development (PCD) by amending the land -use conversion matrix to allow
for the conversion of business office square footage to hotel, residential, and retail; and
modify the required minimum and maximum thresholds in the range of floor spaces
allocation for the land use chart accordingly. The Regional Center DRI is located at the
northeast corner of PGA Boulevard and Alternate AIA and extends eastward to the
intersection of PGA Boulevard and Prosperity Farms Road.
Project Manager: Brad Wiseman, Planning Manager bwiseman&befl.com (799 -4235)
Public Hearing and Recommendation to City Council:
3. Ordinance 16, 2006/Petition LDRA -06- 05-03: City - initiated Public Notice Requirements
Public Hearing and Recommendation to City Council: A City- initiated request to amend
the Palm Beach Gardens Land Development Regulations relating to the public notice
requirements for development applications.
Project Manager: Kara Irwin, Planning Manager kirwin b .com (7994242)
N
Planning, Zoning and Appeals Board
June 13, 2006
4. OLD BUSINESS
5. NEW BUSINESS
6. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 18616, 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 -8770 (VOICE),
for assistance. !f 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. Exact legal description and /or survey for the cases may be obtained from the files
in the Growth Management Department.
Common /pz agenda 6- 13- 06.doc
W
X
-0
-0
T
x
7C
=
_
O
c
CD
w
c
w
(D
v
O
Q
Ln
O
c
7
C)
J
3
O
(D
N
"
m
(ND
O
Cn
_
m
D
O
OD
p
(�
o
;
Z
v
p
c
m
O
�_
m
DO
3
CD
'
c
m
C.
CD
R
_0
C
rQ
(D
m
C)
m
m
O
Cl.
N
.
m
T
m
ff)
D_
(O
O
m
c
c
c
c
y
c
�
v
v
n>
W N
W
W W
w
W
W N
W QJ
W W
(D
W 1
w (D
w -!
W A
w -1
co co
co (.n
A �I
A A
A N
G7
A OD
-Al
A W
A (D
p
OD O
OD
00
D,
O
N
OD
J O
0
c
o
>
CD
1
1
x
CL
CD
O
a)
O
r
o
a
CL
(D
c0i
a
0
a
�
a
UA
p
�(-
m
�'
c
n
w
-,
w
<
w
m
(D
a
`<
OD
w
m
a
m o
Q
C)
-.
c
V
o
�_
m
m
d
N
-
0
°
m
?
m
n
N
IT
c
C7
-
7
y'
-
(D
m
N
c
O
a
m
S1
I
—
—
IC
N
3
IC)
O
d
o
�
-
3
m
a
y
I<
ff
I�
3
N
cn
Q
D
cv
0
Ln
m
3
Q)
01
A
W
(n
m co
O
-A
!
O
00
OD
W
co
-1
--j
X w
N
Ln
v
A
CL
(D
OD
v
v
OD
w
O
0
L"
0
N
v
L,
A
v
O
W
W
ON
Ln 0)
N
L
N
W
(OD
N
N
N
N
N
=
O
A
N
T
V
Y
O
4
OD
co
w
O
V
w
3
N
O)
A
A
m
J
0
A
_
N
N
00
,
(
�
A
v
JA
v
�
(D
-ii,l
OD
OD
tD
r!
w
(O
-4
X
m
O
O
W
N
W
Ln
(D
CD
�I
A
0
((D
co
V
CNp
Q)
(D
N
w
w
N
O)
(D
-1
tND
N
((D
-
r
N
0
A
W
0
0
0
0
0
0
0
0
0
D
-Al
A
A
A
A
A
Ln
Ln
A
co
(D
(D
(D
(D
cD
(D
tD
(D
W
W
W
W
W
W
W
W
W
O
O
O
O
O
O
O
O
O
O
O
O
0
O
O
O
O
O
O
v
O
-4
v
1
10)
1
v I
V I
v
- I
d
� v
_J
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
MAY 23, 2006
MINUTES
The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm
Beach Gardens, Florida, was called to order by Chair Craig Kunkle at 6:30 P.M. in the
Council Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach
Gardens, Florida, and opened with the Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES: APRIL 25, 2006
Motion was made to approve the minutes of the April 25, 2006 PZA meeting; seconded
by Mr. Rubins, and unanimously carried by 6 -0 vote.
ROLL CALL
Debbie Andrea, Secretary for the meeting, called the roll for the Planning, Zoning and
Appeals Board:
Present
Chair Craig Kunkle
Dennis Solomon
Michael Panczak
Douglas Pennell
Randolph Hansen
Jonathan D. Rubins
Absent
Vice Chair Barry Present
Joy Hecht (I" Alt.)
Amir Kanel (2nd Alt.)
Motion was made by Mr. Hansen to move the date of the Public Hearing and
Recommendation to City Council for Petition PCD/NOPC- 05 -01: Amendment to the
Regional Center DRI/PCD to June 13, 2006, it was seconded by Mr. Rubins, and
unanimously carried by 6 -0 vote.
OLD BUSINESS
There was no old business to come before the board.
NEW BUSINESS
There was no new business to come before the board.
ADJOURNMENT
There being no further business, the meeting was adjourned at 6:35 p.m. The next
regular meeting will be held June 13, 2006.
APPROVED-
Craig Kunkle, Jr., Chair
Barry Present, Vice Chair
Dennis Solomon
Randolph Hansen
Douglas Pennell
Michael Panczak
Jonathan Rubins
Joy Hecht
Amir Kanel
Debbie Andrea, Secretary for the Meeting
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
• Agenda Cover Memorandum
Date Prepared: May 24, 20o6
Meeting Date: June 13, 2Oo6
Petition: CUMJ- o6 -03 -04
•
•
SUBJECT /AGENDA ITEM
Petition CUMJ- o6- 03 -04: Elementary School at Mirasol
A request by the School District of Palm Beach County for approval of a Conditional Use and Site
Plan to allow the construction of a two (2) story, 127,448 square -foot elementary school on the
16.38 -acre elementary school site within the Mirasol Planned Community Development (PCD),
generally located on the south side of Hood Road immediately west of the Florida Turnpike.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
FINANCE:
PZAB Action:
Growth
Finance
[ ] Approved
City Attorney
Christine P. Tat
Managemen :
Administrator:
[ ] App. w/ conditions
Project
[ ] Denied
Allan Owens
Finance Administrator
Manager
[ ]Rec. approval
Allan Owens
Michael J. S lchez,
[ ]Rec. app. w/ conds.
AICP
Development
Planning Manager
Building Accountant:
[ ] Rec. Denial
Compliance
By
[ ] Continued to:
[X] Quasi — Judicial
Bahareh Keshavarz - Wolfs,
[ ]Legislative
K. Labossiere
AICP
[X] Public Hearing
Fees Paid: [ ]
Interim Growth et nt
Date:
Advertised:
Attachments:
Administrator ,i
Daniel P. Clark,
/
Date: 06/02/06
• Conditional Use
Criteria
Paper: Palm Beach
Section 1013.33 F.S.)
Post
Budget Acct. #:
• School Board
[X] Required
N/A
response to DRC
Comments
Approved By:
City Manager
[ ] Not Required
• Site Plan
• Landscape Plan
• Elevations
Affected Parties:
[X] Notified
Ronald M. Ferris
[ ] Not Required
Date Prepared: May 24, 2006
Meeting Date: June 13, 2006
Petition: CUMJ -o6 -03-04
• BACKGROUND
The Mirasol Planned Community Development (PCD) is located between PGA Boulevard and
Hood Road immediately west of the Florida Turnpike. The approved PCD Master Plan
designated a 32.73 -acre school site within the PCD at the southwest corner of Hood Road and
Florida Turnpike. The School District of Palm Beach County (the "District ") is proposing a
127,448 square foot elementary school that will encompass 16.38 acres of the school site.
LAND USE AND ZONING
The subject site has a Residential Low (RL) future land -use designation and a zoning
designation of Planned Community District (PCD) Overlay.
2005 FLORIDA STATUTES
In accordance with Section 1013.33, Florida Statutes (F.S.), entitled Coordination of planning
(Educational facilities) with local governing bodies (attached), the District is required to
request a determination from the City that a site plan for a proposed educational facility is
consistent with the City's Comprehensive Plan. The City shall determine, in writing within 45
days after receiving the necessary information and the school board's request for a
determination, whether the proposed educational facility is consistent with the local
comprehensive plan and consistent with local land development regulations. If the
determination is affirmative, school construction may commence and further City approvals
•are not required, except as provided in Section 1013.33, F.S. Failure of the City to make a
determination in writing within go days after the District's request for a determination of
consistency shall be considered an approval of the District's application.
Further, the City may not deny the site applicant based on adequacy of the site plan as it
relates solely to the needs of the school. If the site is consistent with the
comprehensive plan's land use policies and categories in which public schools
are identified as allowable uses, the City may not deny the application. The City
may only consider the site plan and its adequacy as it relates to environmental
concerns, health, safety and welfare, and effects on adjacent property. Standards
and conditions may not be imposed which conflict with those established in Section 1013,
F.S., or the Florida Building Code, unless mutually agreed and consistent with the interlocal
agreement required by Section 1013.33, F.S.
CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN
Future Land Use Element
The following are policies set forth in the City's Comprehensive Plan relating to school
facilities with which the proposed site plan for the School is consistent:
Policy 1.1.1.7.: The City shall ensure the availability for suitable land for public and
• institutional uses necessary to support development by:
Date Prepared: May 24, 2006
Meeting Date: June 13, 2006
Petition: CUMJ- o6 -03 -04
2. Allowing public /institutional uses in certain land -use categories subject to limitations
102.
and locational criteria as identified in this Plan. Such locational criteria shall include
the following standards:
(c) Public /Institutional Uses shall be limited in intensity to a maximum lot
coverage of 40% of the site and a maximum building height of 50 feet.
Staff Comments: The proposed School has a maximum lot coverage of 11.73% of the
site and a maximum building height of 34' — 8 ", as measured pursuant to the City's
LDRs.
(d) Schools shall be considered as compatible and allowable in areas designated
with any residential land -use category (RR2o, RR1o, RVL, RL, RM, RH).
Further, schools shall be considered public /institutional uses and be allowable
within areas designated Industrial (IND) and Public/ Institutional (P) on the
Future Land Use Map.
Staff Comments: The subject site has a Residential Low (RL) future land -use
designation.
(e) Public/ Institutional Uses shall be buffered from adjacent land uses and shall be
set back from adjacent roadways. Buffering for noise, odors, glare and lights
• shall be provided. Setbacks shall be a minimum of 25 feet in the front, 15 feet in
the sides and rear and buffers shall be a minimum of 5 feet. Buffers and
setbacks may be increased depending on the characteristics of the proposed
public/ institutional use. Stadiums, outdoor recreational facilities and similar
support facilities shall be located and buffered on the proposed site to minimize
impacts on adjacent properties.
Staff Comments: The District has made every attempt possible to minimize impacts on
adjacent properties. The master developer of the PCD will be installing a required
buffer on the north side of the site to provide screening from the adjacent residents to
the north. The school is set back from adjacent roadways and property lines in
accordance with the aforementioned criteria.
Public School Facilities Element
The following are policies set forth in the City's Comprehensive Plan relating to the siting and
development review process for public school facilities:
Objective 11.1.4.: To establish a process of coordination and collaboration between the
County, local governments, and the School District in the planning and siting of public school
facilities in coordination with planned infrastructure and public facilities.
Policy 11.1.4.1: The City of Palm Beach Gardens shall coordinate and provide for expedited
• review of development proposals with the School District during the development review
process to ensure integration of public school facilities with surrounding land uses and the
• compatibility of uses with schools.
Staff Comments: Staff has made every
development proposal in accordance with
School facility with surrounding land uses.
Date Prepared: May 24, 2oo6
Meeting Date: June 13, 2oo6
Petition: CUMJ- o6 -03 -04
attempt to expeditiously review the District's
the City's LDR's to ensure the integration of the
Policy 11.1.4.2: There shall be no significant environmental conditions and significant
historical resources on a proposed site that can not be mitigated or otherwise preclude
development of the site for a public educational facility.
Staff Comments: Staff has determined that the proposed site plan poses no threats to the
environmental resources on site. There exist no historical resources on site.
Policy 11.1.4.3: The proposed site shall be suitable or adaptable for development in
accordance with applicable water management standards, and shall not be in conflict with the
adopted or officially accepted plans of the South Florida Water Management District, or any
applicable Stormwater Utility or Drainage District.
Staff Comments: The District has indicated that all necessary development permits have
already been acquired.
CITY OF PALM BEACH GARDENS LAND DEVELOPMENT REGULATIONS
LDR'S
is Section 78 -159 of the City's LDR's, entitled Permitted uses, conditional, and prohibited uses,
requires "Schools, Public and Private," to be granted conditional use approval by the City
Council. Demonstration of the project's compliance with the City's conditional use criteria
established in Section 78 -52 is attached hereto.
C
PROJECT DETAILS
Overview
The District is proposing a 127,448 square -foot elementary school on 16.38 acres of the
Mirasol PCD school site. The school consists of a 123,046 square -foot, two (2) story main
building and a 4,402 square -foot accessory building, as well as athletic facilities, playgrounds,
and an area for future portables.
Access and Traffic Circulation
Access to the site is via Jog Road. There is no vehicular access to Hood Road with the
exception of an emergency access requested by the City. During; the approval of the PCD,
access to Hood Road from the school site was eliminated from the PCD due to requests by
neighboring residents.
4
Date Prepared: May 24, 20o6
Meeting Date: June 13, 2006
Petition: CUMJ -06 -03-04
The site contains separate areas for parent drop -off and bus drop -off.
•
Landscaping
The District has worked very closely with the City Forester in order to come up with a
landscape plan and addresses the City's major concerns and maintains the safety standards
and budgetary constraints of the District. Common area species include Live Oak, Dahoon
Holy, Crape Myrtle, Slash Pine, Bald Cypress and Red Maple.
Prior to the development of the school, the master developer will be installing buffers along
the north and south sides of the school as required pursuant to the PCD Development Order.
Lighting
The District will only be providing building, pedestrian area and parking lighting on site. The
athletic fields will not be lit.
Architecture
The District is proposing a Mediterranean -style architecture, consistent with the architectural
style of the Mirasol PCD. Architectural features include tower features, banding, articulation
through the use of building materials and color, and clay -tile roofs.
• DEVELOPMENT REVIEW COMMITTEE
The City's Development Review Committee performed a review of the project and determined
that it is consistent with the City's Comprehensive Plan. A complete list of departmental
comments, as well as the District's response to said comments, is attached hereto.
PUBLIC NOTICE
In accordance with Section 78 -54 of the City's Land Development Regulations, entitled Public
Notice, the City sent notice of this public hearing, to all property owners within 500 feet of the
site as well as to all Property Owners' Associations within the PCD.
STAFF RECOMMENDATION
In accordance with the aforementioned Florida Statutes, staff has reviewed the proposed site
plan and considered its adequacy as it relates to environmental concerns, health, safety and
welfare, and effects on adjacent property. Staff has determined that the proposed site plan
does not raise any environmental concerns; it ensures the health, safety and welfare of the
students and faculty on the school campus, as well as that of the surrounding residents and
visitors to the site; it minimizes negative effects on adjacent properties; it improves the traffic
circulation on and around the site; and it is consistent with the City's Comprehensive Plan, as
stated herein. Therefore, staff recommends APPROVAL of Petition CUMJ- o6- 03 -04.
•
•
CONDITIONAL USE ANALYSIS
City of Palm Beach Gardens LDR Section 78 -52
(i) Comprehensive plan. The proposed use is consistent with the
comprehensive plan.
Sta Analysis: As demonstrated in the staff report for this petition, staff has determined
that the proposed school is consistent with the City's Comprehensive Plan.
(2) Chapter requirements. The proposed use is consistent with all
applicable requirements of this chapter.
Sta Anal- sis: Section 78 -159 of the City's LDR's, entitled Permitted uses, conditional,
and prohibited uses, requires "Schools, Public and Private," located within a Residential
Low (RL) zoning district to acquire conditional use approval from the City Council. The
Mirasol PCD has an underlying zoning of RL; therefore, staff has requested the
application be processed as a Conditional Use.
The proposed development plans are generally consistent with the requirements of the
City's Land Development Regulations.
(g) Standards. The proposed use is consistent with the standards for
such use as provided in Section 78 -159.
• Sta Analysis: The proposed use is consistent with the additional standards provided in
Section 78- 1590•
(4) Public welfare. The proposed use provides for the public health,
safety, and welfare by:
11. Providing for a safe and effective means of pedestrian access;
b. Providing for a safe and effective means of vehicular ingress and
egress;
C. Providing for an adequate roadway system adjacent to and front of
the site;
d. Providing for safe and efficient onsite traffic circulation, parking,
and overall control; and
e. Providing adequate access for public safety purposes, including
• fire and police protection.
Staff Analysis: Staff has determined that the proposed use provides for the aforesaid
standards and, therefore, provides for the public health, safety, and welfare.
• (5) Screening and buffering. The proposed use utilizes such techniques as
landscaping, screening, buffering, site or building design, or business
operation procedures to mitigate impacts on surrounding properties,
including such impact as:
a. Noise;
b. Glare;
C. Odor;
d. Ground -, wall -, or roof - mounted mechanical equipment;
e. Perimeter, interior, and security lighting;
L Signs;
g. Waste disposal and recycling;
h. Outdoor storage of merchandise and vehicles;
L Visual impact; and
• j. Hours of operation.
Staff Analysis: As provided in the staff report, the District has made every attempt to
minimize the negative impacts of the project on the adjacent properties, including the
issues listed above.
(6) Utilities. The proposed use minimizes or eliminates the impact of utility
installation, including underground and overhead utilities, on adjacent
properties.
Staff Analysis: As provided in the staff report, the District has made every attempt to
minimize the negative impacts of the project on the adjacent properties.
(7) Dimensional standards. The proposed use meets or exceeds all
dimensional requirements required by the chapter.
Staff Analysis: The proposed site plan is generally consistent with the requirements of this
chapter.
(8) Neighborhood plans. The proposed use is consistent with the goals,
objectives, policies, and standards of neighborhood plans.
• N/A
(9) Compatibility. The overall compatibility of the proposed development
with adjacent and area uses, and character of area development.
2
• Staff Analysis: The school site was designated as such during the original approval of the
PCD. Compatibility of a school site with the surrounding residential areas was a
determining factor when considering the design and location of the site. The proposed
design of the school, in staff s opinion, is compatible with the surrounding areas.
(10) Patterns of development. The proposed use will result in logical, timely,
and orderly development patterns.
Staff Analysis: The timing and construction of the school site was considered during the
approval of the PCD.
(11) Purpose and intent. The proposed use will be in harmony with the
general purpose and intent of this chapter and the goals, objectives, and
policies of the City.
Sta Analyysis: Staff has reviewed the proposed use and found it to be in harmony with the
intent of the City's LDRs and the Goals, Objectives, and Policies of the Comprehensive
Plan.
(12) Adverse impact. The design of the proposed use and structures will
minimize any adverse visual impacts or impacts caused by the intensity
of the use.
•Staff Analysis: As provided in the staff report, the District has made every attempt to
minimize the negative impacts of the project on the adjacent properties.
(13) Environmental impact. The design of the proposed use minimizes any
adverse impacts that may be created, including impacts on
environmental and natural resources including air, water, storm water
management, wildlife, vegetation, and wetlands.
Stuff Allali/SiS: Staff has reviewed the proposed development plan and determined that
any adverse impacts on environmental and natural resources have been minimized.
•
•
Statutes & Constitution :View Statutes :- >2005- >Ch1013- >Section 33 : flsenate.gov
Select Year: 2005
The 2005 Florida Statutes
Go
Pagel of 5
Title XLVIII Chapter 1013 View-Entire Chapter
K -20 EDUCATION CODE EDUCATIONAL FACILITIES
1013.33 Coordination of planning with local governing bodies. --
(1) It is the policy of this state to require the coordination of planning between boards and local
governing bodies to ensure that plans for the construction and opening of public educational
facilities are facilitated and coordinated in time and place with plans for residential development,
concurrently with other necessary services. Such planning shall include the integration of the
educational facilities plan and applicable policies and procedures of a board with the local
comprehensive plan and land development regulations of local governments. The planning must
include the consideration of allowing students to attend the school located nearest their homes
when a new housing development is constructed near a county boundary and it is more feasible to
transport the students a short distance to an existing facility in an adjacent county than to
construct a new facility or transport students longer distances in their county of residence. The
planning must also consider the effects of the location of public education facilities, including the
feasibility of keeping central city facilities viable, in order to encourage central city
redevelopment and the efficient use of infrastructure and to discourage uncontrolled urban sprawl.
In addition, all parties to the planning process must consult with state and local road departments
to assist in implementing the Safe Paths to Schools program administered by the Department of
Transportation.
• (2)(a) The school board, county, and nonexempt municipalities located within the geographic area
of a school district shall enter into an interlocal agreement that jointly establishes the specific
ways in which the plans and processes of the district school board and the local governments are to
be coordinated. The interlocal agreements shall be submitted to the state land planning agency
and the Office of Educational Facilities and the SMART Schools Clearinghouse in accordance with a
schedule published by the state land planning agency.
(b) The schedule must establish staggered due dates for submission of interlocal agreements that
are executed by both the local government and district school board, commencing on March 1,
2003, and concluding by December 1, 2004, and must set the same date for all governmental
entities within a school district. However, if the county where the school district is located
contains more than 20 municipalities, the state land planning agency may establish staggered due
dates for the submission of interlocal agreements by these municipalities. The schedule must begin
with those areas where both the number of districtwide capital- outlay full - time - equivalent
students equals 80 percent or more of the current year's school capacity and the projected 5 -year
student growth rate is 1,000 or greater, or where the projected 5 -year student growth rate is 10
percent or greater.
(c) If the student population has declined over the 5 -year period preceding the due date for
submittal of an interlocal agreement by the local government and the district school board, the
local government and district school board may petition the state land planning agency for a
waiver of one or more of the requirements of subsection (3). The waiver must be granted if the
procedures called for in subsection (3) are unnecessary because of the school district's declining
school age population, considering the district's 5 -year work program prepared pursuant to s.
1013.35. The state land planning agency may modify or revoke the waiver upon a finding that the
conditions upon which the waiver was granted no longer exist. The district school board and local
• governments must submit an interlocal agreement within 1 year after notification by the state land
planning agency that the conditions for a waiver no longer exist.
(d) Interlocal agreements between local governments and district school boards adopted pursuant
http: / /www. flsenate.gov /statutes /index.c fm ?p =2 & App_ mode= DispIay_Statute &Search_St... 5/26/2006
Statutes & Constitution :View Statutes :- >2005- >Ch1013- >Section 33 : flsenate.gov Page 2 of 5
to s. 163.3177 before the effective date of subsections (2) -(9) must be updated and executed
pursuant to the requirements of subsections (2) -(9), if necessary. Amendments to interlocal
• agreements adopted pursuant to subsections (2) -(9) must be submitted to the state land planning
agency within 30 days after execution by the parties for review consistent with subsections (3) and
(4). Local governments and the district school board in each school district are encouraged to
adopt a single interlocal agreement in which all join as parties. The state land planning agency
shall assemble and make available model interlocal agreements meeting the requirements of
subsections (2) -(9) and shall notify local governments and, jointly with the Department of
Education, the district school boards of the requirements of subsections (2) -(9), the dates for
compliance, and the sanctions for noncompliance. The state land planning agency shall be
available to informally review proposed interlocal agreements. If the state land planning agency
has not received a proposed interlocal agreement for informal review, the state land planning
agency shall, at least 60 days before the deadline for submission of the executed agreement,
renotify the local government and the district school board of the upcoming deadline and the
potential for sanctions.
(3) At a minimum, the interlocal agreement must address interlocal agreement requirements in s.
163.31.80(13)(g), except for exempt local governments as provided in s. 163,31.77(12), and must
address the following issues:
(a) A process by which each local government and the district school board agree and base their
plans on consistent projections of the amount, type, and distribution of population growth and
student enrollment. The geographic distribution of jurisdiction -wide growth forecasts is a major
objective of the process.
(b) A process to coordinate and share information relating to existing and planned public school
facilities, including school renovations and closures, and local government plans for development
• and redevelopment.
(c) Participation by affected local governments with the district school board in the process of
evaluating potential school closures, significant renovations to existing schools, and new school site
selection before land acquisition. Local governments shall advise the district school board as to the
consistency of the proposed closure, renovation, or new site with the local comprehensive plan,
including appropriate circumstances and criteria under which a district school board may request
an amendment to the comprehensive plan for school siting.
(d) A process for determining the need for and timing of onsite and offsite improvements to
support new construction, proposed expansion, or redevelopment of existing schools. The process
shall address identification of the party or parties responsible for the improvements.
(e) A process for the school board to inform the local government regarding the effect of
comprehensive plan amendments on school capacity. The capacity reporting must be consistent
with laws and rules regarding measurement of school facility capacity and must also identify how
the district school board will meet the public school demand based on the facilities work program
adopted pursuant to s. 1013.35.
(f) Participation of the local governments in the preparation of the annual update to the school
board's 5 -year district facilities work program and educational plant survey prepared pursuant to s.
1013.35.
(g) A process for determining where and how joint use of either school board or local government
facilities can be shared for mutual benefit and efficiency.
• (h) A procedure for the resolution of disputes between the district school board and local
governments, which may include the dispute resolution processes contained in chapters 164 and
186.
http: / /www. flsenate.gov /statutes /index.cfm ?p =2 &App_ mode= Display_Statute &Search_St... 5/26/2006
Statutes & Constitution :View Statutes :- >2005- >Ch1013- >Section 33 : flsenate.gov Page 3 of 5
(i) An oversight process, including an opportunity for public participation, for the implementation
• of the interlocal agreement.
(4)(a) The Office of Educational Facilities and SMART Schools Clearinghouse shall submit any
comments or concerns regarding the executed interlocal agreement to the state land planning
agency within 30 days after receipt of the executed interlocal agreement. The state land planning
agency shall review the executed interlocal agreement to determine whether it is consistent with
the requirements of subsection (3), the adopted local government comprehensive plan, and other
requirements of law. Within 60 days after receipt of an executed interlocal agreement, the state
land planning agency shall publish a notice of intent in the Florida Administrative Weekly and shall
post a copy of the notice on the agency's Internet site. The notice of intent must state that the
interlocal agreement is consistent or inconsistent with the requirements of subsection (3) and this
subsection as appropriate.
(b) The state land planning agency's notice is subject to challenge under chapter 120; however, an
affected person, as defined in s. 163.31.84(1)(a), has standing to initiate the administrative
proceeding, and this proceeding is the sole means available to challenge the consistency of an
interlocal agreement required by this section with the criteria contained in subsection (3) and this
subsection. In order to have standing, each person must have submitted oral or written comments,
recommendations, or objections to the local government or the school board before the adoption
of the interlocal agreement by the district school board and local government. The district school
board and local governments are parties to any such proceeding. In this proceeding, when the state
land planning agency finds the interlocal agreement to be consistent with the criteria in subsection
(3) and this subsection, the interlocal agreement must be determined to be consistent with
subsection (3) and this subsection if the local government's and school board's determination of
consistency is fairly debatable. When the state land planning agency finds the interlocal agreement
to be inconsistent with the requirements of subsection (3) and this subsection, the local
is government's and school board's determination of consistency shall be sustained unless it is shown
by a preponderance of the evidence that the interlocal agreement is inconsistent.
(c) If the state land planning agency enters a final order that finds that the interlocal agreement is
inconsistent with the requirements of subsection (3) or this subsection, the state land planning
agency shall forward it to the Administration Commission, which may impose sanctions against the
local government pursuant to s. 163.3184(l 1) and may impose sanctions against the district school
board by directing the Department of Education to withhold an equivalent amount of funds for
school construction available pursuant to ss. 10 .65, 741_3_ -0, 10133Q, and 101
(5) If an executed interlocal agreement is not timely submitted to the state land planning agency
for review, the state land planning agency shall, within 15 working days after the deadline for
submittal, issue to the local government and the district school board a notice to show cause why
sanctions should not be imposed for failure to submit an executed interlocal agreement by the
deadline established by the agency. The agency shall forward the notice and the responses to the
Administration Commission, which may enter a final order citing the failure to comply and imposing
sanctions against the local government and district school board by directing the appropriate
agencies to withhold at least 5 percent of state funds pursuant to S. 163.3184(11) and by directing
the Department of Education to withhold from the district school board at least 5 percent of funds
for school construction available pursuant to ss. 1013.65, 1013.68, 1013.70, and 101.3.72.
(6) Any local government transmitting a public school element to implement school concurrency
pursuant to the requirements of s. 163.3180 before the effective date of this section is not
required to amend the element or any interlocal agreement to conform with the provisions of
subsections (2) -(8) if the element is adopted prior to or within 1 year after the effective date of
subsections (2) -(8) and remains in effect.
(7) Except as provided in subsection (8), municipalities meeting the exemption criteria in s.
163.3177(12) are exempt from the requirements of subsections (2), (3), and (4).
http:Hwww. flsenate.gov /statutes /index.cfm ?p =2& App_ mode= Display_Statute &Search_St... 5/26/2006
Statutes & Constitution :View Statutes :- >2005- >Ch1013 -> Section 33 : flsenate.gov Page 4 of 5
(8) At the time of the evaluation and appraisal report, each exempt municipality shall assess the
extent to which it continues to meet the criteria for exemption under s. 1.63.31.77(12). If the
• municipality continues to meet these criteria, the municipality shall continue to be exempt from
the interlocal agreement requirement. Each municipality exempt under s. 163.3177(12) must
comply with the provisions of subsections (2) -(8) within 1 year after the district school board
proposes, in its 5 -year district facilities work program, a new school within the municipality's
jurisdiction.
(9) A board and the local governing body must share and coordinate information related to existing
and planned school facilities; proposals for development, redevelopment, or additional
development; and infrastructure required to support the school facilities, concurrent with
proposed development. A school board shall use information produced by the demographic,
revenue, and education estimating conferences pursuant to s. 216.136 when preparing the district
educational facilities plan pursuant to s. 1013.35, as modified and agreed to by the local
governments, when provided by interlocal agreement, and the Office of Educational Facilities and
SMART Schools Clearinghouse, in consideration of local governments' population projections, to
ensure that the district educational facilities plan not only reflects enrollment projections but also
considers applicable municipal and county growth and development projections. The projections
must be apportioned geographically with assistance from the local governments using local
government trend data and the school district student enrollment data. A school board is precluded
from siting a new school in a jurisdiction where the school board has failed to provide the annual
educational facilities plan for the prior year required pursuant to s. 1013.35 unless the failure is
corrected.
(10) The location of educational facilities shall be consistent with the comprehensive plan of the
appropriate local governing body developed under part II of chapter 163 and consistent with the
plan's implementing land development regulations.
• (11) To improve coordination relative to potential educational facility sites, a board shall provide
written notice to the local government that has regulatory authority over the use of the land
consistent with an interlocal agreement entered pursuant to subsections (2) -(8) at least 60 days
prior to acquiring or leasing property that may be used for a new public educational facility. The
local government, upon receipt of this notice, shall notify the board within 45 days if the site
proposed for acquisition or lease is consistent with the land use categories and policies of the local
government's comprehensive plan. This preliminary notice does not constitute the local
government's determination of consistency pursuant to subsection (12).
(12) As early in the design phase as feasible and consistent with an interlocal agreement entered
pursuant to subsections (2) -(8), but no later than 90 days before commencing construction, the
district school board shall in writing request a determination of consistency with the local
government's comprehensive plan. The local governing body that regulates the use of land shall
determine, in writing within 45 days after receiving the necessary information and a school board's
request for a determination, whether a proposed educational facility is consistent with the local
comprehensive plan and consistent with local land development regulations. If the determination is
affirmative, school construction may commence and further local government approvals are not
required, except as provided in this section. Failure of the local governing body to make a
determination in writing within 90 days after a district school board's request for a determination
of consistency shall be considered an approval of the district school board's application. Campus
master plans and development agreements must comply with the provisions of ss. 10.13.30 and
1013.63.
(13) A local governing body may not deny the site applicant based on adequacy of the site plan as
it relates solely to the needs of the school. If the site is consistent with the comprehensive plan's
• land use policies and categories in which public schools are identified as allowable uses, the local
government may not deny the application but it may impose reasonable development standards
and conditions in accordance with s. 1013.51(1) and consider the site plan and its adequacy as it
relates to environmental concerns, health, safety and welfare, and effects on adjacent property.
http: / /wNvw. flsenate.gov /statutes /index.cfm ?p =2& App_ mode= Display_Statute &Search_St... 5/26/2006
Statutes & Constitution :View Statutes :- >2005- >Ch1013 -> Section 33 : flsenate.gov Page 5 of 5
Standards and conditions may not be imposed which conflict with those established in this chapter
or the Florida Building Code, unless mutually agreed and consistent with the interlocal agreement
• required by subsections (2) -(8).
(14) This section does not prohibit a local governing body and district school board from agreeing
and establishing an alternative process for reviewing a proposed educational facility and site plan,
and offsite impacts, pursuant to an interlocal agreement adopted in accordance with subsections
(2)-(8)•
•
•
(15) Existing schools shall be considered consistent with the applicable local government
comprehensive plan adopted under part II of chapter 163. If a board submits an application to
expand an existing school site, the local governing body may impose reasonable development
standards and conditions on the expansion only, and in a manner consistent with s. 1013.51 (1).
Standards and conditions may not be imposed which conflict with those established in this chapter
or the Florida Building Code, unless mutually agreed. Local government review or approval is not
required for:
(a) The placement of temporary or portable classroom facilities; or
(b) Proposed renovation or construction on existing school sites, with the exception of
construction that changes the primary use of a facility, includes stadiums, or results in a greater
than 5 percent increase in student capacity, or as mutually agreed upon, pursuant to an interlocal
agreement adopted in accordance with subsections (2) -(8).
History. - -s. 23, ch. 2002 -296; s. 828, ch. 2002 -387; s. 129, ch. 2003 -1; s. 18, ch. 2005 -290.
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright m 2000 -2005 State of Florida.
http: / /www. fl senate.gov /statutes /index.c fm ?p =2& App_ mode= DispIay_Statute &Search_St... 5/26/2006
THE SCHOOL DISTRICT OF ARTHUR C. JOHNSON, Ph.D
t PALM BEACH COUNTY, FLORIDA SUPERINTENDENT
.k
;i
PLANNING DEPARTMENT
^ a} 3320 FOREST H1LL BLVD. C -I 10
WEST PALM BEACH, FL 33406 -5813
(561)434 -8020 FAX(561)434 -8187
April 26, 2006
CITY OF PALM BCH GDNS
Mr. Michael Sanchez
Growth Management Department MAY 0 5 2006
City of Palm Beach Gardens
10500 North Military Trail PLANNING & ZONING DIV
Palm Beach Gardens, FL 33410
RE: Response to DRC Comments for Palm Beach Gardens Area Elementary School ( Mirasol 03 -X):
Dear Mr. Sanchez:
We have received comments from Judy A. T. Dye of LBFH, Inc. and the City of Palm Beach Gardens staff
regarding comments from Monday, April 17, 2006, DRC meeting. In accordance with the Florida Statutes Chapter
1013: Educational Facilities, and the Florida Building Code Section 423: State Requirements for Educational
Facilities (SREF), we have provided a written response to all of the comments provided. The responses are in the
same order as outlined in the comments letter. Please note, the revised plans will be delivered under separate
cover.
• Comments from:
The City of Palm Beach Gardens - Growth Management Department, Michael J. Sanchez, Planning
Manager
Public schools are categorized as conditional use in the Public /Institutional (P /1) zoning district. The applicant
shall demonstrate compliance with criteria for major conditional uses outlined in Section 78 -52 of the City's
Land Development Regulations (LDRs).
At the meeting held on April 12, 2006 at the City of Palm Beach Gardens complex, it was suggested by City
staff that the request would he for a Planned Unit Development (PUD) amendment and Conditional Use
approval for the Palm Beach Gardens Area Elementary School (Mirasol 03 -Jig.
Based on the meeting with applicant on March 12'h, if applicant proposes improvements that do not meet City
code, staff recommends a change in application to Planned Unit Development (PUD) including a request for
waivers. It is important to note that William T. Dwyer High School was approved as a PUD.
Respectfully, as stated previously, the School District does not agree with the City with regard to the
required process for approval of public .schools. The submittal and design requirements are set forth in
the Florida Statutes Chapter 1013: Educational Facilities, and the Florida Building Code Section 423:
State Requirements for Educational Facilities (SREF) have been met.
3. Staff recommends that the applicant meet with the City Forester in order to review the site planting plan to
negotiate landscape improvements.
• The School District met with the City Forester on Thursday, April 20, 2006 and reviewed the landscape
plan.
Response to DRC Comments 1 Palm Beach Gardens Area Elementary School
Mirasol (30 -X)
4. The applicant shall provide parking information as required by Section 78 -345 of the City's Land
Development Regulation (LDRs) so that is can be determined whether the proposed parking meets Code
. requirements.
As discussed in our meeting on April 12, 2006, the District will provide as requested the number of
students, teachers, classrooms, square footage of office as well as SREF and Ed Spec requirements in
the Tabular Data. Please be advised, the School District is required to meet the minimum parking
requirements set forth in Section 423.10.2.8 (Minimum Parking Requirements) of the Florida Building
Code.
The applicant shall reflect building heights on all building elevations.
The District will reflect building heights on all building elevations.
The applicant shall provide emergency access to Hood Road.
The District will provide the emergency access to Hood Road
7. The applicant shall be aware that an eleven by seventeen (11 s 17) colored three - dimensional perspective
of the building elevation is required to be submitted prior to a hearing before the Planning, Zoning, and
Appeals Board.
The District will provide a courtesy set of 11x17 renderings as discussed at our April 12`h meeting.
However, as outlined in State requirements, The District is not subject to architectural review.
8. The applicant shall identify all colors and building materials on the building elevations.
• As stated previously, the District as a courtesy will identify colors and building materials on the elevation.
As outlined in State requirements, The District is not subject to architectural review.
9. The applicant shall provide a photometric plan for review prior to scheduling this petition for review by the
Planning, Zoning and Appeals Board.
The District submitted a photometric plan for review with the first submittal package. However, the
District will submit an additional photometric plan.
10. The applicant shall address comments regarding consistency with the City's Comprehensive Plan as
outlined in the attached letter dated April 7t' (please see attached letter from Planning Manager, Michael
Sanchez dated April 7, 2006).
a. Future Land Use Policy I.17.(d). This policy states that Public / Institutional uses shall be permitted
within all residential Planned Unit Developments (PUD) and Planned community Developments (PCD)
subject to master plan approval. Condition No. 29 of the amended Mirasol Planned Community
Development (PCD) Development Ordinance No. 29 of the amended Mirasol Planned Community
Development Order, Ordinance 18, 2001, requires among other things,
1) perimeter landscaping to be provided around the school site including the east boundary in
accordance with City requirements prior to the opening of the school; and
2) the 90 -foot parkway, including the pathway, shall be designed and landscaped in accordance
with City requirements and the District's review and shall be installed prior to the opening of
• the first school. The district has not demonstrated that these requirements will be satisfied as
required per the Mirasol PCD Development Order.
Response to DRC Comments 2 Palm Beach Gardens Area Elementary School
Mirasol (30 -X)
On Thursday, April 20«, District staff and the City Forester had a lengthy discussion in
reference to the landscaping of the eastern, western and northern 90 foot parkway and the
• overall site in general, The District is submitting a revised landscape plan and is making efforts
to modify the landscaping based on the City's suggestions. However, please be advised that
Landscaping is provided on public school sites in accordance with SREF Section 423.10.7 and
Florida Statutes 1013.64(3)(c). F.S. 1013.64(3) (c) states: "District school boards shall provide
landscaping by local funding sources or initiatives. District school boards are exempt from local
landscape ordinances but may comply with the local requirements if such compliance is less
costly than compliance with the landscape requirements of the Florida Building Code for public
educational facilities."
b. Future Land use Policy 1.1.7.(g). This policy requires adequate parking onsite traffic circulation to
satisfy current and projected site - generated vehicular demand. The district has not provided the
information regarding the amount of office space and the number of classrooms in order for the City to
determine if the parking is adequate according to City standards.
As stated earlier, as discussed in our meeting on April 12, 2006, the District will provide as requested
the number of students, teachers, classrooms, square footage of office as well as SREF and Ed Spec
requirements in the Tabular Data. Please be advised, the School District is required to meet the
minimum parking requirements set forth in Section 423.10.2.8 (Minimum Parking Requirements) of
the Florida Building Code.
c. Public School Facilities Policy 11.1.4.3. This policy requires the site to be suitable or adaptable in
accordance with applicable water management standards. The district has not provided sufficient
information regarding the proposed water management system in order for the City to determine if the
• water management system is suitable or adaptable in accordance with those standards (please see
attached memorandum from LBFH, Inc., dated April 6, 2006).
The applicant agrees to supply the City with copies of all outside agency permits, certifications and
approvals. Requests for all other permits, certifications and approvals can be made by the City to the
School District Building Department. Please note that both the elementary and middle schools were
approved as part of Mirasol PUD. Drainage calculations included the school site at that time.
d. Public School Facilities Policy 11.1.4.6. This policy requires coordination between the District and the
City for the collocation of public facilities as development plans are prepared. The City would like to
retain the opportunity for further discussion with the District on this issue.
The District will continue the coordination effort that has been ongoing since the onset of this
project.
11. The applicant shall respond, in writing, to the comments listed above, and submit five (5) copies of all
plans including (1 set signed and sealed) and all associated documents upon resubmittal.
The District is responding in writing and submitting five ((S) copies of all plans including (I set
signed and sealed) and all associated documents upon resubmittal.
r1
L J
Response to DRC Comments 3 Palm Beach Gardens Area Elementary School
Mirasol (30 -X)
Comments from:
isLbfh INC., Consulting Civil Engineers, Surveyors & Mappers, Judy A. T. Dye,
1. The applicant shall provide a boundary and topographic survey signed and sealed by a professional surveyor
and mapper registered in the state of Florida per City Land Development Regulation (LDR) Sections 78 -46 and
78 -80. The boundary and topographic survey shall be consistent with the Site Plan and Site Planting.
The District has submitted a boundary and topographic survey signed and sealed for review with the first
submittal package. However, the District will submit an additional survey.
2. The applicant shall provide a drainage statement signed and sealed by a professional engineer registered in the
state of Florida per City LDR Sections 7846 and 78 -80.
The proposed school site is within the Mirasol PUD which has previously been approved and granted
concurrency by the City. The SFWMD and NPBCID permits are attached for reference Requests for all
other permits, certifications and approvals can be made by the City to the School District Building
Department
3. The applicant shall provide a conceptual engineering plan signed and sealed by a professional engineer
registered in the state of Florida per City LDR Sections 78 -46 and 78 -80. The conceptual engineering plan
shall be consistent with all plans and surveys and meet all the applicable requirements of City LDR Section 78-
521. The applicant shall, at a minimum, include representations of high and low points and drainage flow
arrows, as well as the location of the proposed storm sewer and surface water management (SWM) system.
• The District is providing 100% Construction Documentsforyour courtesy review.
The applicant shall provide the locations of all existing structures consistently on all plans per LDR Section 78-
46.
Please note, there are no existing structures.
The applicant shall provide the locations of all proposed signage consistently on all plans per LDR Section 78-
46.
Please reference the signing and striping plan, sheets C 1.1 — C 1.5 and the pavement marking plan as
provided in the courtesy set.
6. The applicant shall provide appropriate on -site pavement marking and signage (i.e. stop signs, stop bars, no
parking signs, loading zone signage, etc.) in accordance with LDR Section 7846.
Please note, tyre District agrees to provide.
7. The applicant shall revise the Site Plan to consistently indicate the square footage of Building 41 in both the
Tabular Data and plan view per LDR Section 78 -46. The Tabular Data indicates Building #1 has an area of
122,114 square feet, while the plan view indicates an area of 126,651.00 square feet.
Please note, the District agrees to revise for consistency.
The applicant shall revise the Site Plan to indicate the square footage of Building #2 in plan view per LDR
Section 78 -46. The 'Tabular Data indicates Building 42 has an area of 4,537 square feet, while the building area
is not indicated in the plan view.
Response to DRC Comments 4 Palm Beach Gardens Area Elementary School
Mirasol (30 -X)
Please note, the District agrees to revise for consistency.
• 9. The applicant shall provide a photometric plan signed and sealed by a professional engineer registered in the
state of Florida per City LDR Section 78-46. The photometric plan shall be consistent with all plans and meet
all applicable requirements of LDR Section 78 -378.
Please note, the District submitted a photometric plan for review with the first submittal package. However,
the District will submit an additional photometric plan.
10. The applicant shall indicate the Section, Township and Range consistently on all plans and surveys per LDR
Section 7846.
Please note, the District agrees to revise for consistency.
11. The applicant shall provide a typical dumpster detail on the Site Plan per LDR Section 78 -46. The detail shall
meet the requirements of LDR Section 78 -378.
Please note, the District agrees to provide.
12. The applicant shall fully label and dimension all plans consistently per LDR Section 78 -46. Required labels
and dimensions include, but are not limited to, building separation, drive aisle widths, curb radii, parking stall
dimensions, sidewalk widths, curb and gutter type and stacking distance from public rights -of -way (ROW).
Please note, the District agrees to revise and label
13. The applicant shall revise the Site Plan to indicate the number of required and proposed bicycle parking spaces
• in both the Tabular Data and plan view per LDR Section 78 -46. The location, type and number of bicycle
parking spaces shall be shown consistently on all plans and shall meet all the applicable requirements of City
LDR Sections 78 -412 through 78 -414.
Please note, the District agrees to provide the requested information in the Tabular Data.
14. The applicant shall revise the Site Plan to indicate the number of required and proposed loading spaces in both
the Tabular Data and plan view per LDR Section 78-46. The location, type and number of loading spaces shall
be shown consistently on all plans and shall meet all the applicable requirements of City LDR Sections 78 -362
through 78 -364. The applicant shall also indicate the maneuvering aprons for each loading space in plan view
on all plans.
Please note, the District agrees to provide the requested information in the Tabular Data.
15. The applicant shall revise the maximum height of the proposed buildings to be less than 45 feet or request a
waiver from LDR Section 78 -142 and 78 -144, Table 11.
Please note, the proposed school is located in a PCD. Based on the discussion held at the meeting held on
April 12, 2006, at the City of Palm Beach Gardens complex, it is the School District's understanding that the
height of the tower (49 feet) is acceptable to City staff.
16. The applicant shall indicate the locations and dimensions of visibility (safe sight) triangles on all plans
consistently per LDR Section 78 -315.
• Please note, the District agrees to revise and label
Response to DRC Comments 5 Palm Beach Gardens Area Elementary School
Mirasol (30 -X)
17. The applicant shall revise the typical parking space detail on the Paving, Grading & Drainage Details to
indicate a standard 10 -foot wide by 18.5 -foot long parking space or request a waiver from LDR Section 78-
• 344, Table 32.
As discussed and agreed upon in our April le meeting, the District is required to meet the minimum
parking requirements set forth in Section 423.10.2.8 (Minimum Parking Requirements) of the Florida
Building Code (SREF). The Tabular Data Table has been revised to indicate as requested, the number of
students, teachers, classrooms, square footage of office as well as SREF and Ed Spec requirements in the
Tabular Data. Handicap accessible parking shown complies with ADA requirements set forth in Chapter 11
of the Florida Building Code and Section 316.1955 of the Florida Statutes
18. The applicant shall add the following note consistently on all plans: "All striping, excluding parking stalls,
shall be installed with thermoplastic materials." per LDR Section 78 -344.
Please note, the note is provided on the Signing & Striping Plan sheets CI.1 through C1.5.
19. The applicant shall provide parking calculations consistent with LDR Section 78 -345.
As discussed, and agreed upon in our April IP meeting, the District is required to meet the minimum
parking requirements set forth in Section 423.10.2.8 (Minimum Parking Requirements) of the Florida
Building Code (SREP). The Tabular Data Table has been revised to indicate as requested, the number of
students, teachers, classrooms, square footage of office as well as SREF and Ed Spec requirements in the
Tabular Data.
20. The applicant shall revise the Site Plan to include the square footage of proposed office use and the total
number of classrooms in both the Tabular Data and plan view in order to justify the provided parking
calculation per LDR Section 78 -345.
• Please note the District provide agrees to ide in the Tabular Data.
g p a.
21. The applicant shall indicate consistently on all plans an American's with Disabilities Act (ADA) handicap
accessible route, including the location and types of curb ramps (CR) throughout the proposed site per
LDR Section 78 -371.
Please note, the curb ramps are specified on the Signing & Striping Plan sheets Cl.I through C1.5.
22. The applicant shall revise the Overall Electrical Site Plan to clearly indicate the location of the proposed
light poles. The location of the light poles shall be consistent between all submitted plans per LDR
Section 78 -46.
Please note, the note is provided on the Signing & Striping Plan sheets Cl.l through Cl. S.
23. The applicant shall revise the Site Plan to indicate a minimum of seven handicap parking spaces in both
the Tabular Data and plan view per LDR Section 78 -371.
Please note, handicap accessible parking shown complies with ADA requirements set forth in Chapter 11 of
the Florida Building Code and Section 316.1955 of the Florida Statutes,
24. The applicant shall provide typical roadway and parking cross - sections on the Paving, Grading & Drainage
Details.
• Please note, sufficient dimensions and grading are shown on the Signing & Striping Plan sheets Cl.l
through C1.5 and the Grading Plan sheets C4.1 through C4.5 for construction of the roadway and parking
areas.
Response to DRC Comments G Palm Beach Gardens Area Elementary School
Mirasol (30 -X)
25. The applicant shall indicate a minimum 35 psi FBV for all subgrade layers per LDR Section 78 -499, Table 41.
Please note that no structural number (SN) credit will be given until a minimum 50 psi FBV is achieved.
• Please note, A structural value of 3.06 is provided (Subgrade 12 "x0.08 =0.96; Base 8 "x0.18 =1.44; Asphalt
I.5"x0.44= 0.66). This exceeds the required structural value for this site.
Non - Certification Issues
NOTE: All engineering/infrastructure plans are considered conceptual during the planning and zoning
review phase and are subject to further review during the final construction review. These non - certification
comments shall be satisfied prior to construction plan approval and the 'issuance of the first land alteration
permit.
Please be advised that this project has been approved by the School District Building Department. No
permits are required for construction from the City of Palm Beach Gardens.
1. The applicant shall submit construction -level engineering plans and SWM calculations signed and sealed by a
professional engineer registered in the state of Florida for City review and approval.
Please note, the School District does not obtain Building permits from the City. This information is reviewed
and approved through the School District's Building Department The District agrees to supply the City with
copies of all outside agency permits, certifications and approvals. Requests for all other permits,
certifications and approvals can be made by the City to the School District Building Department
2. The applicant shall provide hydraulic pipe calculations and exfiltration trench calculations, if applicable, signed
and sealed by a professional engineer registered in the state of Florida for City review and approval.
• Please note, the School District does not obtain Building permits from the City. This information is reviewed
and approved through the School District's Building Department. The District agrees to supply the City with
copies of all outside agency permits, certifications and approvals. Requests for all other permits,
certifications and approvals can be made by the City to the School District Building Department.
Prior to construction plan approval and the issuance of the first land alteration permit the applicant shall
provide a cost estimate for the project, including public infrastructure and all landscaping and irrigation costs
for review and approval by the City in order to establish surety. The cost estimate shall be signed and sealed by
an engineer and landscape architect registered in the state of Florida. Surety will be based on 110% of the total
combined approved cost estimates and shall be posted with the City, prior to the issuance of the first building
permit in accordance with LDR Section 78 -309 and 78 -461.
Please note, the School District does not obtain Building permits from the City and is not required to disclose
this information.
4. Prior to construction plan approval and the issuance of the first land alteration permit the applicant shall
provide a cost estimate for the on -site project improvements, not including public infrastructure, or landscaping
and irrigation costs for review and approval by the City. The cost estimate shall be signed and sealed by an
engineer registered in the state of Florida and shall be posted with the City prior to the issuance of the first land
alteration permit.
Please note, the School District does not obtain Building permits from the City and is not required to disclose
this information.
•5. The applicant shall provide SN calculations for the proposed asphalt pavement in accordance with LDR Section
78 -499, Table 41. The applicant shall provide a table indicating the layer, materials, LBR/FBV, material
Response to DRC Comments 7 Palm Beach Gardens Area Elementary School
Mirasol (30 -X)
•
•
thickness, FDOT layer coefficient; the SN for the pavement section, base section, and subgrade section; and the
total SN for the total pavement section and the required SN in accordance with the FDOT Flexible Design
Manual.
Pavement Section Table
Layer Material LBR / Material
FBV Thickness
FDOT Layer
Coefficient
SN
Total SN
Required SN
Please note, the School District does not obtain Building permits from the City. This information is reviewed
and approved through the School District's Building Department. The District agrees to supply the City with
copies of all outside agency permits, certifications and approvals. Requests for all other permits,
certifications and approvals can be made by the City to the School District Building Department
Conditions of Approval
"Applicant shall copy to the City all permit applications, permits, certifications and approvals." (City Engineer)
Please note, the NPDES, NPBCID, and SFWMD permits are attached for your files. The PBC Health
Department permits for water and sewer will be submitted under separate cover once it is received The
applicant agrees to supply the City with copies of all outside agency perfnits, certifications and approvals.
Requests for all other permits, certifications and approvals can be made by the City to the School District
Building Department. Therefore, this condition needs to be revised
2. "Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer."
(City Engineer)
Please note, the District will provide construction zone .signage and fencing in accordance with the Florida
Building Code (SREF). The contractor will provide this information to the City Engineer prior to
construction. Therefore, this condition needs to be revised
3. "Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall provide
cost estimates in accordance with LDR Section 78 -309 and 78 -461 and for on -site project improvements, not
includini; public infrastructure, or landscaping and irrigation costs for review and approval by the City. The
cost estimates shall be signed and sealed by an engineer and landscape architect registered in the state of
Florida and shall be posted with the City, prior to the issuance of the first land alteration permit. (City
Engineer)
Please note, the School District is not required to provide surety to the City for the proposed improvements.
• Therefore, construction cost estimates are not required Therefore, we request that this condition be
removed
Response to DRC Comments 8 Palm Beach Gardens Area Elementary School
Mirasol (30 -X)
4. "The construction, operation and/or maintenance of any elements of the subject project shall not have any
negative impacts on the existing drainage of surrounding areas. If, at any time during the project development,
• it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts
caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and a
manner acceptable to the City prior to additional construction activities." (City Engineer)
Please note, the project site is within the Master Mirasol PUD which was reviewed and approved by the City.
All drainage issues were addressed with this original application. The land use breakdown and site grading
for the school site is in accordance with the drainage requirements of the Master PUD, as is shown in the
attached SFWMD and NPBCID permits. All stormwater attenuation and water quality treatment is being
provided by the master stormwater system for the Mirasol development The School District is not willing to
accept the responsibility/risk for this master system. Therefore, we request that this condition be removed
5. "Prior to issuance of the first land alteration permit, applicant shall submit signed/sealed/dated construction
plans (paving/grading/drainage and water /sewer) and all pertinent calculations for review and comment ". (City
Engineer)
Please note, the School District does not obtain Building permits from the City. This information is reviewed
and approved through the School District's Building Department. The District agrees to supply the City
with copies of all outside agency permits, certifications and approvals. Requests for all other permits,
certifications and approvals can be made by the City to the School District Building Department Therefore,
this condition needs to be removed
6. "Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall schedule
a pre - permit meeting with City staff." (City Engineer)
Please note, construction Plan approval/ pre permit meeting is not required for this School District project.
• Therefore, we request that this condition be removed
•
"The applicant shall provide a letter of authorization from the utility easement owners authorizing
encroachment of the landscape buffers within their respective utility easements." (City Engineer)
Please note, the District is not encroaching on any utility easements all location of fencing has been
approved by Seacoast Utilities Authority. Based on revisions requested by the City Forester in our April 20,
2006, meeting, he has agreed to coordinate with Taylor Woodrow in reference to the 2' -3' feet on the
western landscape buffer. The District is willing to comply with his request in reference to the landscaping
of the buffer contingent upon Taylor Woodrow's approval. Therefore, we request that this condition be
removed
8. "The Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in
PBC Traffic Division equivalency and concurrency approval letters." (City Engineer)
Please note, the project site received PBC Traffic Division equivalency and concurrency approval within the
Master Mirasol PUD which was reviewed and approved by the City. Therefore, this condition needs to be
removed
Response to DRC Comments 9 Palm Beach Gardens Area Elementary School
Mirasol (30 -X)
Comments from:
• The City of Palm Beach Gardens Fire Rescue Department
1. Two areas of the front parking lot need to be revised to provide Fire Rescue with a minimum of a 20'inside
radius and a minimum of a 45' outside radius for access.
Please note, the District agrees to revue to meet the minimum a 20'inside radius and a minimum of a 45'
outside radius for access.
Comments from:
Seacoast Utility Authority
1. The applicant needs to revise the site plan to clearly depict the existing SUA and FPL easements and to correct
the labels on all easements.
Please note, the plan has been revised
2. The applicant needs to correct the width dimension on the 90' wide buffer easement on the site plan.
Please note, the plan has been revised
3. The applicant needs to revise the site plan and landscape plans to show the buffer tract retained by Taylor
• Woodrow along the east side of the school property.
Please note, the plan has been revised to show that the 20 foot easement will be maintained by the District
Comments from:
The City of Palm Beach Gardens Officer Jules Barone
1. Lighting locations shall not conflict with landscaping (to include long -term tree canopy growth).
Please be advised that all site lighting is designed to meet the lighting requirements set forth in SREF
Sections 423. 10. 3, 423.10.3.5, 423.10.3.6 and 423.10.3.7.
2. Metal Halidc shall be used for all street and pedestrian walkways.
Please be advised that all site lighting is designed to meet the lighting requirements set forth in SREF
Sections 423.10.3, 423.10.3.5, 423.10.3.6 and 423.10.3.7.
3. Lighting on buildings shall be around perimeter of all sides and on pedestrian walkway surrounding the
buildings.
• Please be advised that all site lighting is designed to meet the lighting requirements set forth in SREF
Sections 423.10.3, 423.10.3.5, 423.10.3.6 and 423.10.3.7.
4. Lighting photometrics shall be done according to lighting code with landscaping already in place.
Response to DRC Comments 10 Palm Beach Gardens Area Elementary School
Mirasol (30 -X)
Please be advised that all site lighting is designed to meet the lighting requirements set forth in SAEF
Sections 423.10.3, 423.10.3.5, 423.10.3.6 and 423.10.3.7.
•5. Numerical address: *Shall be illuminated for nighttime visibility. *Shall have bi- directional visibility from the
roadway. *Shall be 12: in size using Arabic numerals placed in an unobstructed and conspicuous location.
Please be advised, the school address and signage has bi- directional visibility from adjacent roadway and the
numerical address is illuminated for nighttime visibility. Please note, this information is reviewed and
approved through the School District's Building Department in accordance with Florida Building Code
(SREF).
6. Bicycle racks shall be placed in close proximity to the buildings.
Please note, the existing location can be viewed from administration and is placed as such based on Crime
Prevention Through Environmental Design (CPTED).
7. Metal halide lighting shall be provided for recreational areas in the event any night time use is intended. This
includes tennis facilities, football/soccer, softball fields and basketball courts.
Please note, lighting is not provided for the outdoor recreational areas of a public elementary school.
8. Landscaping should not obstruct view from windows or walkways.
Please note, landscaping will not be placed in areas which world cause obstruction of view to windows or
walkways.
• 9. Target harden building: pre- wiring for alarm system, electronic access control, restricted key control system,
double cylinder locks on classroom doors, vandal resistant lever locks, etc. Restrict access to all entry points
and direct visitors to main vestibule entry via appropriate signage.
Please note, the overall site and all buildings have been designed to prevent unauthorized access to all areas
of the school. The interior of the schools are designed per Educational Specification requirements.
10. Doors: *Entry doors should open outward versus inward. *All exterior doors shall be equipped with security
hinges. *All strike areas of perimeter doors shall be equipped with reinforced, case hardened strike plate.
*Glass perimeter doors should be equipped with case hardened guard rings to protect the mortise lock cylinder.
Please note, all entry doors open outward
11. All restrooms should be placed near administrative offices or in highly conspicuous locations for constant
monitoring.
Please note, this school is a re -use prototype. Please see the overall plan set provided as apart of this DRC
comments response for the locations of all restrooms.
12. Secured barriers should be provided to prevent unauthorized [entry] to school grounds, school or restricted area.
Please note, the overall site and all buildings have been designed to prevent unauthorized access to all areas
of the school.
• 13. Stairwells and corridors (hallways) should provide open views.
Response to DRC Comments 11 Palm Beach Gardens Area Elementary School
Mirasol (30 -X)
Please note, the interior of the schools are designed per Educational Specification requirements. The
District can not disclose specific information due to security reasons.
• 14. Dumpster enclosure should be constructed as to allow natural surveillance through the enclosure.
Please note, the dumpster will only have visibility through the gates located on the front of the enclosure.
15. All buildings to depict their building number with complete and unobstructed visibility.
Please note, any external building signage will be located to have clear visibility.
16. Provide legends throughout the facility to ease assistant with locating different areas.
Please note, Signage will be provided as required by the Florida Building Code (SREP) and the National
Fire Protection Association.
17. Provide controlled access for inner perimeter road leading to the sports complex area.
Please note, access will be controlled through the use of lockable gates.
18. Portables on side shall have minimum 6" Arabic numerical located in a conspicuous location and illuminated
for night time use.
Not applicable. Please note, there are no portables located on the site.
19. Service Yard /loading area doors shall be illuminated with photo cell lighting. Doors shall be alarmed.
• Please note, loading doors are provided with alarms. Please be advised that all site lighting is designed to
meet the lighting requirements set forth in SREF Sections 423.10.3, 423.10.3.5, 423.10.3.6 and 423.10.3.7.
20. Classroom doors should not be recessed, but mounted flush with the hallways — to force students to walk in the
center of the hallway, allow teachers to be visible for hall way monitoring, and help in eliminating students
from leaning against or placing feet on the walls.
Please note, the interior of the schools are designed per Educational Specification requirements. The
District can not disclose specific information due to security reasons.
21. All class room entry and exit doors should have a widow or peephole viewer to identify visitors and to detect
non - approved users.
Please note, the interior of the schools are designed per Educational Specification requirements. The
District can not disclose specific information due to security reasons.
22. All class room entry and exit doors should have a window or peephole viewer to identify visitors and to detect
non - approved users.
Please note, the inferior of the schools are designed per Educational Specification requirements. The
District can not disclose specific information due to security reasons.
is
Response to DRC Comments 12 Palm Beach Gardens Area Elementary School
Mirasol (30 -X)
Comments from:
The City of Palm Beach Gardens Police Department, Lieutenant Spencer
1. The site plan does not include traffic calming on Ibiza Drive.
Please note site plan revisions.
2. The centralized crosswalk should be a raised walkway. Having a raised crosswalk allows calming measures.
Please note site plan revision.
3. The crosswalk should be extended across the drive aisle of the south parking lot into the centralized walkway
across both parking lots.
Please note this item was reviewed and due to drainage and cost impacts, the district will not be able to revise
4. The landscape median that runs parallel to the student drop off/pick up area needs to be planted in such a way to
create a solid vegetative hedge wall. Doing so will make it restrictive and impractical for pedestrian traffic to
use the landscape median as a shortcut pathway — encouraging persons' to traverse on the centralized walkway.
To maintain driver site line visibility the hedge should always be maintained at a maximum height of 24 ".
Please note site plan revision.
Comments from:
• The City of Palm Beach Gardens City, Forester Mark Hendrickson
Please be advised that Landscaping is provided on public school sites in accordance with SREF Section
423.10.7 and Florida Statutes 1013.64(3)(c). F.S. 1013.64(3)(c) states: "District school boards shall provide
landscaping by local funding sources or initiatives. District school boards are exempt from local landscape
ordinances but may comply with the local requirements if such compliance is less costly than compliance
with the landscape requirements of the Florida Building Code for public educational facilities'
The western buffer is not adequate to screen the residential community from the school. Please install the
amount of landscaping that is being proposed with the high school's northern buffer at a minimum along the
western buffer of the elementary school.
The landscape plan has been revised based on recommendations provided by the City Forester at our
meeting on April 20, 2006, at the City complex Please note revisions on the landscape plait.
2. I recommend that you do not use Laurel Oaks to save maintenance cost.
The landscape plan has been revised based on recommendations provided by the City Forester at our
meeting on April 20, 2006, at the City complex Please note revisions on the landscape plan.
3. The proposed Oak trees in the long narrow median of the bus loop should be located along the north side of the
staff parking area in the 90' wide parkway buffer for the best fimction of the tree as a buffer. This would save
• on pruning costs in the long run as the tree grows into the loop road and parking area. Suggest the median be
planted with small accent palms.
Response to DRC Comments 13 Palm Beach Gardens Area Elementary School
Mirasol (30 -X)
Please note, due to the Florida Building Codes (SREF) shade cover requirements, small accent palms will
not be sufficient Oak trees will be planted to satisfy the requirement. However, the district will use Live
Oaks instead of Laurel Oaks at the suggestion of the City Forester.
•4. CPTED would require you to fence off the western buffer and eastern buffer area.
is
Please note, based on the discussion at the April 20'h meeting at the City the fencing will be designed as
agreed upon by both the District and the City Forester.
5. Timber Trace Elementary and Watkins Middle School share a bus loop. Can this be done here to better use the
land area and save resources?
Please note this is not a viable option based on the best possible land use for this site.
6. Recommend no cell towers. How tall is the I.T.V. tower?
Please note, no cell towers will be located on this site. The I.T.V. tower is 100ft.
7. Wheel stops are tripping hazards. Recommend using a grassed divider and curbing. This is [a] less pervious
area and [requires] less maintenance.
Please note this alternative was reviewed, due to budget constraints it is not feasible.
8. The site road needs [an] irrigation plan.
Please see irrigation plan.
With this response package, we believe we have adequately addressed all applicable comments provided by the
City of Palm Beach Gardens Development Review Committee. We look forward to receiving the City's approval
and introducing the project to the City Council.
If you have any questions, please do not hesitate to contact me.
Sincerel ,
Tonya A. 1
Senior Planner
Enc.
Cc: Kristin Garrison, AICP Planning Director, SDPBC
Angela Usher, AICP, Intergovernmental Relations Manager, SDPBC
Glen Armbruster, Senior Project Administrator, SDPBC
Blair Littlejohn L11, Senior Council, SDPBC
Response to DRC Comments 14 Palm Beach Gardens Area Elementary School
Mirasol (30 -X)
N
u
N
• • •
D m C) O
1 I l
ICJ � I gIIQ I�
m
II
�s` PROJECT LIMIT LINE
M0.3
I
-
pEs�'E`
t.;
oq
e
7 { "a'
I
\
9
ie -e' \\ 197 -I•
ei15[lek.
I II I _1L —�� 1 $ I �i :: .�.o n_o• n.o � -v \ l0. -�017 n' -r
Ill m i
Tajo 5{ z
R=I`�� - sa D 0-6-p m
IJ i C Z N O D Fp C o m
III 1 $ �_I TO��N� Fn o e �ri
II Z IM 9 8 N N ?� N 1 N o o ><>
Z V '
-1Z
i� < aNA�m0
EOO In .n U1N ,r I4 r+o h
111 'n 'I
MR, • a I
���
11 7
�� ■
- 1 5 9IN
I a— W. — = 9 -- A- -------------
e
a s
p V
lR`3
/ �
S89- 03 08' E 1:64.83' 1 PROJECT LIMIT LINE—
;G
8�
I I
'4
�I
z I
S I
—
wl
Iwll -
PROJECT LIMIT LINE
m
CCZZ
fY I
€�gl
-� —-
a
- --- -
i�
N0
r-
>
ez
D
Fn
M
D
P'in'e.
PALM BEACH GARDENS, FL
�
0
a x
gPp31➢
D
r-
ELEMENTARY SCHOOL
4
Cf)
-K
O
m
G7
�. Zyscovich
. �y�
m zx
z
c
°a
o
0 o
z
r
CX
Z
�� >s2
-
..
100 North Biscayne Blvd.. 271h Floor. Miami, FL. 33132
r
D
�
= •' a fy z
AA
Voice 305.372.5222. Fax 305.577.4521, mall@zyscovich.00m
co
r-
>
ez
D
r
C)
D
P'in'e.
PALM BEACH GARDENS, FL
�
0
a x
gPp31➢
D
ELEMENTARY SCHOOL
x
.�
�. Zyscovich
. �y�
m zx
�:�x;:
03X
o
0 o
z
r
�� >s2
-
..
100 North Biscayne Blvd.. 271h Floor. Miami, FL. 33132
r
= •' a fy z
AA
Voice 305.372.5222. Fax 305.577.4521, mall@zyscovich.00m
&
ti8 °e &'
'��!`i $
�D =CG Fr;lecl Pio. Obi;tN33'
Reg. No.AA0001431
�,-
Reg. No. RA -7410
n co n
n
co
r-
>
ez
D
r
C)
D
P'in'e.
PALM BEACH GARDENS, FL
�
0
a x
gPp31➢
D
N
4
N
xYos+aA
Seal
P'in'e.
PALM BEACH GARDENS, FL
wchdect
a x
gPp31➢
ELEMENTARY SCHOOL
x
.�
�. Zyscovich
. �y�
m zx
�:�x;:
03X
o
0 o
z
r
�� >s2
-
..
100 North Biscayne Blvd.. 271h Floor. Miami, FL. 33132
r
= •' a fy z
Voice 305.372.5222. Fax 305.577.4521, mall@zyscovich.00m
&
ti8 °e &'
'��!`i $
�D =CG Fr;lecl Pio. Obi;tN33'
Reg. No.AA0001431
�,-
Reg. No. RA -7410
n co n
N
U
p+�l
i
E_
E
E
E
E
E
C`
E \\
E
R
!S
F-
;QI -
Ei
fE,
E
E= -
'3 >.. ■ ■ipfatitifa�ptifi�Y■
I T
g Im
6
E
1 ■
a. G CAN T,yAV O
R
o
8,;A
-<1
1183
A 1i, 2yr- mn0
O N2AD
N xA° �!1N�2
Lg�a
yeoFF
�
�
m
�RF
2
> {Q
a y
2
r C
C
C
c�
OA � NN2 I1"i,NO�
�
v1i
T
O O OGF{ r.,C�A
rigs
F'F'
��SQ}3.LC
c
cc
N fm A °m�
ui
rn
b
R
ED
F FF�
�•
a 2
R
x
t� .
gG w ac
o Y
a,.O,1°n
z
�
ry RAIn
MEi
9 }►i ' � 7 QII /ID
I t![il ►..
1
1
I
I
I
I
I
I
I
I
r -
I,
,Y
I�
r
i
i
m
z ` II =_
n y
/ \
a a I 1
b b �� � � � � V � ��• ITTITTI
_. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ — — — —
I b b o
PHASE III - 100% CONSTRUCTION DOCUMENTS SUBMISSION A
' "53 +ea Satl NcM1tea P'.ra CM EnGi^eera StruavM Elpamt
I �•.r, 9 PALM BEACH GARDENS, FL CIVIL DESIGN. ,Na DONNELL. DUOUESNEa
Sm d+ ".6 AeOnM.LYY ALDAMA
s� Z v� 61 ZySCOV ich
ELEMENTARY SCHOOL .a � -,
Z a 9 14$py�y1Q iW r:crnaan eB+tl, z1mFW. we,r,, F� 53132 O3 -X Landcapa Mclirodv. M/EA E1gi,een
0 $3nt�$B Ya#z 3o5.3tt.5T12, FU ]05511 a52•. mrl�pm.!hmn CUHTSf HOOEAB JOHNSON, LENN6ON,
It
T ® tpjtt+jiE DESIGN BTUDIO, INC. MOaN, DAVILI� INC,
s A ,P #R t
yp5�� SDPSCProp0NO.O661.6377 cam.. acw. rev.s3vn rw. wm e.w w�-aa,
;3.
Reg. Na LC C=41 1z>)wxin. a.naomm
n m n 0 m
N
-
D
• D
r
0
z
m
m
D
z
1
o'
a a [r o m
4( nF-xi
Ij
r
;
S °o4 • '
S.
MgsR �
0
Isom
°z
m \��
O
4 12
Ir ,.tNnu+tES Im
a: y 9'-, m 1 m
U
'N 9 INS , R a na5 El
EM L, LLJ i
K r
O
IL ---MN N1
gF MSG Ich
■::
j
to
�tr� _ - epo5lp
Isom
°z
m \��
O
4 12
Ir ,.tNnu+tES Im
a: y 9'-, m 1 m
U
'N 9 INS , R a na5 El
EM L, LLJ i
K r
O
IL ---MN N1
gF MSG Ich
� RAt
I I I
m R
J
tQ��l V
7�
� I
Lam.
I
D
_s ll���LZ7III1
$ na -
a
WNS
®
PH: S Ili - 100% CONSTRUCTION DOCUMENTS SUBMISSION
Seel Arcfrt9at PlojeG Crvil Engnea5 Svuclurel Enp,rews
PALM BEACH GARDENS, FL
T CIVIL DESIG N, INC. DONNELL, OUOUESNE 6
r W m �L� o[ 1IXs— e.- e.kvc, "'ISA
a >' o 6!i� ELEMENTARY SCHOOL
L7 } Zyscovich �/
Q
c.n 0 Z -�- dRd i4 .W r4."Uxxlre Lyv 27e,F— Mim,.. FL 331. 03 -X LaxUaRa ArcNectwe WE/P Er1QM
Q' Z p °� CURTIS ♦ ROGERS JOHNSON, LEVINSON.
Vo109 N5372Z=r Fy 305577.4521- 1@4wmrnmm -- DESIGN STUDIO, INC. RAGAN, DAVILA, INC.
g N YLBA[ A W a r_ �tzej [e Re6 ra AACOON31
SGPBC P,ujec: Nc W1 6137 Cmm�r (io+F -ur n,a Waw Pan ee,m F-u aa,
Reg ',o AR.1D67D rny.n.,r„ Ueq swam
a
a
D m [l o m
► 1
■::
j
� RAt
I I I
m R
J
tQ��l V
7�
� I
Lam.
I
D
_s ll���LZ7III1
$ na -
a
WNS
®
PH: S Ili - 100% CONSTRUCTION DOCUMENTS SUBMISSION
Seel Arcfrt9at PlojeG Crvil Engnea5 Svuclurel Enp,rews
PALM BEACH GARDENS, FL
T CIVIL DESIG N, INC. DONNELL, OUOUESNE 6
r W m �L� o[ 1IXs— e.- e.kvc, "'ISA
a >' o 6!i� ELEMENTARY SCHOOL
L7 } Zyscovich �/
Q
c.n 0 Z -�- dRd i4 .W r4."Uxxlre Lyv 27e,F— Mim,.. FL 331. 03 -X LaxUaRa ArcNectwe WE/P Er1QM
Q' Z p °� CURTIS ♦ ROGERS JOHNSON, LEVINSON.
Vo109 N5372Z=r Fy 305577.4521- 1@4wmrnmm -- DESIGN STUDIO, INC. RAGAN, DAVILA, INC.
g N YLBA[ A W a r_ �tzej [e Re6 ra AACOON31
SGPBC P,ujec: Nc W1 6137 Cmm�r (io+F -ur n,a Waw Pan ee,m F-u aa,
Reg ',o AR.1D67D rny.n.,r„ Ueq swam
a
a
D m [l o m
► 1
4
An Iflo
n
r �
m
r
m
Z �\ .§
o MR
c
ZOO
M.1oar<
3
t i
N
C
u
o-N� a4gg i
I
D
-_I
D
r
n
n
m
r
m
n
O
Z
O �
`P
o ,
I. 1
�nf
O]
sQi
w
y
a,.
jtt: pP�
N
07
N
ON
C UTRUCTIOIN DOCUMENTS SUBMISSION
m-
3�
—--- -1��`1
4
a
r
r
�. a
Stru 1-1 Enpexers
DONNELL, DUOUESNE�
W
a m
`J
m
CO
a
n
SS
t <:;.
z y s c ov i c h
_La
�w�.esrrA�w,aac,
ALBAI9A
m
m
m
❑
D
��
r
w
tpv90
O
Landscape Arch,IeCl
CURT75 ROOERS
M&P Enpneers
JOHNSON, LEVINSON.
wiP��E
e' 0
0
C�
Z
I
�[
100 Nnu+6zuy,a &rd.. 27N FW, Marto FL 9J,J2
03 -X
3D
c
ry
AL
i1 _..F :..
B33 310,
- loA3a4
y
a,.
jtt: pP�
N
07
N
ON
C UTRUCTIOIN DOCUMENTS SUBMISSION
m-
9ey.�•e
—--- -1��`1
4
a
r
r
Civil Enpneers
CIVIL DESIGN, INC
Stru 1-1 Enpexers
DONNELL, DUOUESNE�
W
a m
m
CO
a
n
t <:;.
z y s c ov i c h
ELEMENTARY SCHOOL°.�°�
�w�.esrrA�w,aac,
ALBAI9A
m
m
m
❑
a
��
r
O
Landscape Arch,IeCl
CURT75 ROOERS
M&P Enpneers
JOHNSON, LEVINSON.
O
Z
e' 0
0
C�
Z
I
�[
100 Nnu+6zuy,a &rd.. 27N FW, Marto FL 9J,J2
03 -X
3D
c
ry
AL
y
a,.
jtt: pP�
N
07
N
ON
C UTRUCTIOIN DOCUMENTS SUBMISSION
9ey.�•e
Seal
ArcKtW
Pioion
PALM BEACH GARDENS. FL
Civil Enpneers
CIVIL DESIGN, INC
Stru 1-1 Enpexers
DONNELL, DUOUESNE�
W
a m
m
t <:;.
z y s c ov i c h
ELEMENTARY SCHOOL°.�°�
�w�.esrrA�w,aac,
ALBAI9A
CJl
a
��
Z
Landscape Arch,IeCl
CURT75 ROOERS
M&P Enpneers
JOHNSON, LEVINSON.
Z
a,44�6���
100 Nnu+6zuy,a &rd.. 27N FW, Marto FL 9J,J2
03 -X
N — H�
ry
AL
B33 310,
- loA3a4
Vane705.]725122. Fzx�577.4521,n,"@4iw .can
RGO Na IAC001431
DESIGN Si...UDS..nF;°
Vns..asa
9
Project
xaax
c,0•. FaY Vtn
w0...we
wu.3Ha1
Rep No. AR- 10670
SOPEIC No. 0661 W37
w
a m n o m
> m n o
,
g
4i (J
\�
A Rc � •,
= O
m
a
cn
oil
CD
(n
CD
��
ON lOw P ANELS.
_ ' .
T 6 -
,Z
�
\\
\
L
NCN awEtS. 0
a %
o
❑o
_.
2
ENRON,
J
Rj
a n (i oal G
,•;
i
IF
ME
S L .. u0.
FEMIN
itjog
r)!
ija
p
FE M-1
oil
I
i
�4F
gi
^ n
A.
Fe
Ga
A
G)
7
A
i
\
P
V
4
®
ro
_
R4'is
���
80
m §r€ EM
3
\�
EMENE
EMENNI
FEM
FEM
j�
/
FEM—
—
- _
.. ij
a He of (`a
1N YON
3:q
9 FEMI
EM
Ell,
`
�[[`WM TS SUE
?
(1
;-
le6lxi.� °Ian
Y �,if I
��
Setl
..r,:., r.
Zyscovich
PrNotl
PALM BEACH GARDENS, FL
ELEMENTARY SCHOOL
Cml Enp�eers
CIVIL DESIGN, INC.
w sw�_ a�
peUO/btl0
S,mctmei EElpirras
CONNELL,D000ESNEA
ALSAISA
4u IvW9ib
Q
a,=
C
0_j
,=
Z -.
$i m
';?:J
u ,.
Ij�.'1
x
pE•s/L Q
a}aS ;�°
tE[ °._(S
AiA4.
;Op N306372 ayne LF. 3 27N 4521 M,arY, FL 73172
w.ce 3x6772 5722, F. 305.5n 4521 r,rnaryscw+cn cwn
Rep Na. AACOOIU,
�/
03 -/�
LrdscaoaNWtec,ve
CURTIS ♦ ROGER S
DESIGN STUDIO, INC.
MfEiP rny,ners
JOHNSON, LEVINSON,
RAOAN, DAVILA, INC.
;3
Reg. N0 4R -706;0
SDPOC Protect No 0661 -0117
I
t°m+, o,e.. a�,ub,y
pmi,a•irN
wr rw„enm anW xwi
,b,ieroaxt
> m n o
0
Cl O
t t t
a
3�
m
cn
m --i
m
m
cn
m
In —77
m
< Do
5 1,
n -n
KK m
m
3>
EM -1
mmm
U y phi
Effil
1EH ill; !;E
FM
t
X13,
T
I'S SK
S"
Archiea
PALM BEACH GARDENS, FL
Civil Eng�
CIVIL DESIGN, INC.
SU�—f En,--
DONNELL, DUOUESNE
rm
tm
6
m
a
Zyscovich
ELEMENTARY SCHOOL
01,19iW
c:)
Z
5
1W —11� 27V. F� —, FIL 33 U
03-X
L..W-" N"�
MIE/P Erg�
V� 30 372 =,Fu X5 577 4521. nwa@r)wovi� v—
FL-0 W AAC00143
CUR71S ♦ ROGERS
DESIGN STUDIO. IN
JOHNSON. LEVINSON,
RAGAN, DAVILA, INC.
Reg No AR-10670
SDPBC Imiect No OWI-8337
—C
•
�I I 1
,i
ii
J.
1�
1
i,
1
OR
■
:M
I\\lI
I
01 Ind I
■
■
1
CITY OF PALM BEACH GARDENS PLANNING, ZONING & APPEALS BOARD
• Agenda Cover Memorandum
•
Date Prepared: June 1, 2006
Meeting Date: June 13, 2005
Ordinance 16, 2006 / LDRA- 06 -05- 000003
Subject/Agenda Item:
Ordinance 16, 2006 /Petition LDRA- 06 -05- 000003: Amendment to the Land Development
Regulations Relating to Public Notice Requirements
Public Hearing and Recommendation to City Council: A City- initiated request to amend the Palm
Beach Gardens Land Development Regulations relating to the public notice requirements for
development applications.
JXJ Recommendation to APPROVE
[ J Recommendation to DENY
Reviewed by:
Originating Dept.:
FINANCE: N/A
PZAB Action:
Growth Mana ent:
[ ] Approved
City Attorney
Project
Costs: $ N/A
[ ] App. w/ conditions
Christine Tatum
Manager
Total
[ ] Denied
Kara Irwin
[ ] Rec. approval
Planning Manager
$ N/A
[ ] Rec. app, w/ conds.
Development
Compliance N/A
Current FY
[ ] Rec. Denial
Bahareh Keshavarz- Wolfs,
Action:
[ ] Continued to:
AICP
[ ] Quasi-judicial
Funding Source:
[X] Legislative
[X] Public Hearing
( ] Operating
Advertised:
Attachments:
Interim Growth Managem nt
[X] Other N/A
Administrator 1
Ordinance 16, 2006
Daniel P. Clark, P.E.
Date: 06/02/2006
Paper: Palm Beach Post
[X] Required
Budget Acct. #:
Approved By:
[ ] Not Required
N/A
Ronald M. Ferris
Affected Parties:
City Manager
[ ] Notified
[X] Not Required
Date Prepared: June 1, 2006
Meeting Date: June 13, 2006
Ordinance 16, 2006
Page 2 of 10
�J
BACKGROUND
Currently, the Land Development Regulations have specific public notice requirements for public
hearings depending upon the type of development application submitted for development approval,
amendment, or legislative action associated with any given subject site within the boundaries of the
City. The amendment is proposed to provide for changes to the existing public notice requirements
that are consistent with the notice requirements of the City's Charter, consistent with Florida
Statutes, and provide for the differences between city - initiated and not city- initiated items.
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
Currently, the following amendments are proposed to the City's public notice requirements:
Sec. 78 -54. Public notice.
Public notice. Public notice, including mail notice, posting of property, and newspaper advertising,
shall be provided as required below and consistent with the city charter and as :naieated in Table ^.
In the event of a conflict between the tTable 4 and the text, the requirements of the text shall prevail.
LJ
[The remainder of this page intentionally left blank]
L'
• Table 4: Required Public Notice blie H
I'ARI.F INSET:
•
C
Date Prepared: June 1, 2006
Meeting Date: June 13, 2006
Ordinance 16, 2006
Page 3 of 10
Planning,Lc�ning, and Appeals 13oarcU_
City Council
leprrrerifl�rie- w- C� +ntrittFlee
Action
ail(1)
paper(
Post(1)
ai1(1)
ap�l)
Post(l)
14 days Rrior to ordinance
do tion As required by state
Rezoning:
I 0 Days
I 0 Days
15 Days
14
105
City- initiated; <10 Acres
Days u
law
Days
14 days rior to ordinance
do tion & Aas required by
ezoning:
10 Days $e€efe
104 Days
105
City- initiated; l0 or> acres
10 Days
15 Days
tate law.
ays
14 da s rior to ordinance
ezoning:
104 Days
do lion
105
of City- initiated
10 Days
10 Days
15 Days
Days
DR Text Change:
14 da s rior to ordinance
do tion &
ermitted, Conditional, or
one
l0 Days
one
one
None
Prohibited Uses
s required by state law,
R Text Change:
of Permitted, Conditional, or
one
10 Days
one
one
104 Days Prior to
one
Prohibited Uses
rdinance Adoption
ajor Conditional Use
10 Days
10 Days
15 Days
104 Days
104Days
105
ays
inor Conditional Use
15 days
--
15 Days
--
--
-
(S)
Variance
10 Days
10 Days
15 Days
10 Day
10 Days
0 DE15-S
Com Plan:
14 da s rior to ordinance
Land Use Ma Chan a for the
one
s r uired b
one
one
one
do tion &As re uired b state
creation of an Overla cit -
tate law.
law
initiated
Comp Plan:
As
14 da s rior to ordinance
do tion &
Lar a -scale Land Use Map
10 Days
a uired b state
15 Days
104 Days
15 Da s
hange (city- initiated)
s required by state law.
law
Comp Plan:
14 da s rior to ordinance
do tion & As required by
Lar a -scale Land Use Map
10 Days
10 Days
15 Days
104 Days
105
hange (Not city- initiated)
tate law.
Days
Comp Plan:
14 da s rior to ordinance
do tion & As required by
ext Change Affecting
None
10 Days
one
one
None
Permitted Uses
tate law.
Comp Plan:
14 da s rior to ordinance
ext Change Not Affecting
None
10 Days
one
None
do tion &
None
Pernitted Uses
s required by state law
14 Da s
14 da s rior to ado tion
mall Scale Land Use Map
earin
105
Change (city - initiated)
10 Days
10 Days
15 Days
2
Days
mall Scale Land Use Map
14 da s rior to ordinance
105
Change (Not city - initiated)
10 Days
10 Days
15 Days
104 Days
do tionAs Fegeired by state
Days
Date Prepared: June 1, 2006
Meeting Date: June 13, 2006
Ordinance 16, 2006
Page 4 of 10
• Notes:
(1) Number of calendar days prior to date of public hearing.
(2) Seeend publie hearing held at least ten days after- fifst publie . 30 -day mail notice to
owner of property proposed to be rezoned or undergo land use map change.
(3) The first publie hearing must be held en a weekday, and beth publie hearings ffmst be held
(53) Public notice for development review committee meetings require posting at the city hall
complex only.
(b) Mail notice. Required Mmail notice of all future land use map amendments, rezoning
ordinances, conditional use and variance development erderapplications shall be
provided as indicated below.
(1) Contents. Unless otherwise provided herein, mail notice of a public hearing shall
contain the following information:
a. The title and substance of the proposed ordinance or development order;
b. The time, date, and location of the public hearing for the planning, zoning, and
appeals board;
• c. The time, date, and location of the public hearing for the city council;
d. The location of the property affected by the application with reference to the
nearest intersection of two or more streets;
e. The name, address, and telephone number of the office where additional
information can be obtained;
f. The times and place where the proposed ordinance or development order
application may be inspected by the public;
g. That interested parties may appear at the meeting or public hearing and be heard
with respect to the proposed ordinance or development order application; and
h. An area map, indicating location of the affected property, may be provided.
(2) Class of mail.
a. Planning, zoning, and appeals board. Mail notice shall be provided by first class
mail, unless otherwise directed by the growth management director.
b. City council. Mail notice for privately initiated applications shall be provided by
certified mail, with return receipt requested or as proposed by the applicant to provide
comparable verification of delivery and approved by the Growth Management
Administrator. Mail notice for Citv - initiated development applications shall be
rovided by first class mail.
• (3) Postmark. Mail notice shall be postmarked no later than the minimum number of
calendar days as required in Table 4 or as otherwise required by Sections 163.3184
and 166.041, Florida Statutes, as amended.
•
Date Prepared: June 1, 2006
Meeting Date: June 13, 2006
Ordinance 16, 2006
Page 5 of 10
(4) Property owners notified. Mail notice for privately initiated applications shall be
provided to all property owners, excluding property owned by the applicant, within
500 feet of the site affected by the development order application.
(5) Property owners list. The list of property owners shall be derived from the most
recent official tax roll of Palm Beach County. The applicant shall provide an affidavit
attesting to the completeness and accuracy of the property owner's list.
(6) Costs. The applicant shall provide postage, envelopes, and one (1) set of mailing
labels appropriate to the type of mail service utilized. In the event additional mail
notice is required, the applicant shall be responsible for postage, envelopes, and
mailing labels.
(7) Procedure. The applicant shall provide and mail all required notices, and provide an
affidavit that notice was sent to all property owners included in the property owners
list. If a return receipt requested is utilized, the petition or application number shall
be indicated on the receipt.
(8) Major conditional use applications shall require the same mail notice requirements as
a not city- initiated rezoning application. Minor conditional use applicants shall
• provide notice as in this paragraph (b), except that mailed notice is mailed or hand -
delivered at least 15 days before the scheduled development review committee
meeting. Variance applicants shall provide notice for the Planning, Zoning
Appeals Board only, as described in this paragraph (b).
(c) Pasting of property. Property affected by a future land use map amendment, rezoning
ordinance, conditional use and variance develepment- applications shall be posted
as provided below, if required.
(1) Signs. Signs shall be provided by the applicant, subject to criteria for size, contents,
and visibility approval by the growth management department.
(2) Posting. Property shall be posted by the applicant.
(3) Installation. Signs shall be posted in a workmanlike manner, able to withstand normal
weather events.
(4) Minimum posting requirements. Privately initiated applications require that aAt least
one sign shaWbe posted per 500 lineal feet of all property located along a public
right -of -way, with a minimum of one signs per frontage, or as otherwise required by
the growth management director. In the event of unique circumstances affecting a
• property, additional signs shall be posted as required by the growth management
director. City- initiated applications require that one sign be posted per frontage along
apublic ri t -of -way, except that City- initiated land use map changes for the creation
Date Prepared: June 1, 2006
Meeting Date: June 13, 2006
Ordinance 16, 2006
Page 6 of 10
• of an overly shall not require posting for the city council hearings.
(5) Deadline. Signs, if required, shall be posted at least 15 days prior to a public
hearing.
(6) Affidavit. An affidavit, including photographs, attesting to the date of installation and
number of signs installed shall be provided at least five days prior to the required
public hearing.
(7) Major conditional uses and variances shall be required to provide posting for the
property consistent with the requirements described in this paragraph (c) 15 days
prior to the Rublic hearing. Minor conditional uses shall require only the posting of a
notice at the city hall complex 15 days prior to the development review committee
meeting.
(d) Minimum newspaper advertising requirements. Newspaper advertising of public hearings
to consider all comprehensive plan text amendments, future land use map amendments,
rezoning ordinances, major conditional uses and variance applications
shall be provided as indicated below.
(1) Newspaper type. The advertising shall be published in a newspaper of general paid
• circulation, and of general interest and readership in the jurisdiction. The
advertisement shall appear in a newspaper published at least five times per week.
(2) Costs. The applicant shall be charged a fee to defray all costs associated with
advertising for a public hearing to consider ordinances or development order
applications.
(3) Publication. The advertisement for the public hearings shall appear no later than
the minimum number of calendar days as required in Table 4, the city charter, or
as required by the appropriate chapter of Florida Statutes, as amended.
(4) Comprehensive plan land use large scale map and permitted use text changes. The
notice of public hearings to consider an amendment to the future land use plan
map or to comprehensive plan text changes which amend permitted, conditional,
or prohibited uses within a future land use plan category shall be published as
required by Section 163.3184, Florida Statutes, as amended, and as by Table 4.
(5) Comprehensive plan text change not affecting permitted uses. The notice of public
hearings to consider an amendment to the text of the comprehensive plan text
changes which do not amend permitted, conditional, or prohibited uses within a
future land use plan category-shall be provided as required by F.S. Section
• 163.3184, as amended and by Table 4. The notice shall include the following
information:
a. The title of the proposed ordinance;
Date Prepared: June 1, 2006
Meeting Date: June 13, 2006
Ordinance 16, 2006
Page 7 of 10
• b. The time, date, and location of the public hearing for the local planning
agency;
c. The time, date, and location of the public hearing for the city council;
d. The name, address, and telephone number of the office where additional
information can be obtained;
e. The time and place where the proposed ordinance may be inspected by the
public; and
f. A notice that interested parties may appear at the meeting or public hearing
and be heard with respect to the proposed ordinance.
(6) Small seale land us Comprehensive plan land use small scale map amendments.
The notice of public hearings to consider a small scale land use PIM map
amendment shall be provided as required by Table 4, or as required by the
applicable provisions of F.S. Sections 163.3184163.3187 and 166.041, as
amended. The notice shall include the following information:
a. The title of the proposed ordinance;
b. The time, date, and location of the public hearing for the local planning
agency:
c. The time, date, and location of the public hearing for the city council;
d. The location of the property affected by the application with reference to the
nearest intersection of two or more streets;
• e. The name, address, and telephone number of the office where additional
information can be obtained;
f. The times and place where the proposed ordinance or development order
application may be inspected by the public;
g. A notice that interested parties may appear the meeting or public hearing and
be heard with respect to the proposed ordinance or development order
application; and
h. An area map, indicating location of the affected property, may be provided.
(7) Rezoning greater than ten acres and text changes affecting permitted uses. The
notice of public hearings to consider rezoning ordinances affecting property of
more than ten acres or to consider proposed ordinances which change the actual
list of permitted, conditional, or prohibited uses within a zoning category shall be
published as provided in Table 4, or as required by F.S. Section 166.041, as
amended.
(8) Rezoning less than ten acres, development order applications, and text
amendments not affecting permitted uses. The notice of public hearings to
consider rezoning ordinances affecting less than ten acres, development order
applications, or land development regulation amendments which do not affect
permitted, conditional, or prohibited uses shall be provided as required in F.S.
• Section 166.041, as amended, or Table 4. The notice shall include the following
information, as applicable: the title and substance of the ordinance or other type
of development order, including, as applicable, the type of development order
Date Prepared: June 1, 2006
Meeting Date: June 13, 2006
Ordinance 16, 2006
Page 8 of 10
• application, the type of principal uses proposed, the number of dwelling units, the
type of dwelling units, or the nature of the land development regulation
amendment;
a. The time, date, and location of the public hearing for the planning, zoning, and
appeals board;
b. The time, date, and location of the public hearing for the city council;
c. The location of the property affected by the application with reference to the
nearest intersection of two or more streets;
d. The name, address, and telephone number of the office where additional
information can be obtained;
e. The times and place where the proposed ordinance or development order
application may be inspected by the public;
f. A notice that interested parties may appear the meeting or public hearing and
be heard with respect to the proposed ordinance or development order
application; and
g. An area map, indicating location of the affected property, may be provided.
(9) Land development regulation text change affecting permitted uses. The notice of
public hearings to consider land development regulations text changes affecting
permitted, conditional, or permitted uses within a zoning category shall be
published as provided in Table 4, or as required by F.S. Section 166.041, as
amended.
101 Maior conditional uses and variances. The notice shall be published as provided
in Table 4 and include the following information, as applicable:
a. The time, date, and location of the public hearing;
b. The location of the property affected by the application with reference to the
nearest intersection of two or more streets;
c. The name, address, and telephone number of the office where additional
information can be obtained;
d. The times and place where the proposed application may be inspected by the
public;
e. A notice that interested parties may appear the meeting or public hearing and
be heard with respect to the proposed ordinance or development order
application; and
f. An area map, indicating location of the affected property, may be provided.
(e) Failure to provide notice. Failure to comply with the minimum number of days of
required newspaper advertising notice, mail notice, or posting of property shall result in
an automatic postponement of the application. The body holding the hearing shall
schedule and announce at the originally scheduled public hearing the time, date, and
• location for the postponed public hearing. The body holding the hearing, or growth
management department staff, may require additional newspaper advertising, mail notice,
or posting of property for a rescheduled public hearing. The applicant shall be required to
Date Prepared: June 1, 2006
Meeting Date: June 13, 2006
Ordinance 16, 2006
Page 9 of 10
defray all of the costs associated with additional newspaper advertisement, mail notice, or
posting of property for rescheduled public hearings.
(f) Effect of postponements. If the public hearing for a rezoning ordinance or development
order application is postponed more than once, or is not postponed to a specific time,
date, and location, or is otherwise postponed such that the original public notice is no
longer applicable, the growth management department staff may require additional public
notice via newspaper advertising, mail, or posting of property. Such additional public
notice shall be at the expense of the applicant.
Discussion
In the City's Land Development Regulations, Section 78 -54, entitled Public notice, provides for the
requirements for public notice via mail, property posting and newspaper advertisement. The
regulations are to ensure the compliance with Florida Statutes public notice requirements for
development approvals, as well as provide for additional notice requirements specific to the City. In
many instances, Florida Statutes only require advertisement in the local newspaper, whereas the City
expands that requirement to include posting of the property and notice by mail. The proposed
changes to the land development regulations can be evaluated by three categories; consistency with
the City Charter, consistency with Florida Statutes, and differentiating between city - initiated and not
city- initiated development applications in order to provide for effective and economical advertising
• requirements.
Consistency with City Charter
First, a majority of the required newspaper advertisements for City Council public hearings have
been amended to be consistent with the requirement of the City Charter for ordinances, which is
fourteen (14) days. The City staff has been complying with the more restrictive fourteen (14) day
requirement of the City Charter for City Council public hearings, so the change will be consistent
with current City practices for newspaper advertising requirements.
In order to provide for consistency between the City Charter and the City's Land Development
Regulations, as well as with the revised newspaper advertising requirement, the public notice
requirements for City Council mailers has also been extended to fourteen (14) days, as opposed to
the currently enforced ten (l 0) day requirement. In the past, staff has had some comments from
residents that the mailers were not received prior to date of the advertised public hearing, so the
additional time will be beneficial in ensuring the delivery of the required mailers.
Consistency with Florida Statutes
The proposed modifications include minor amendments relative to consistency with Florida Statutes.
Per Florida Statutes, city- initiated rezonings and small -scale map changes require a 30 -day notice by
• mail to the owner of the property directly affected by the action, which has been clarified by the
proposed text amendment. In addition, Table 4 has been modified to indicate which applications
must be consistent with state law and those areas that exceed state law requirements. The language,
Date Prepared: June 1, 2006
Meeting Date: June 13, 2006
Ordinance 16, 2006
Page 10 of 10
• "as required by state law," has been added and removed as applicable to reflect the current
requirements of Florida Statutes.
City- Initiated and Not City- Initiated Applications
The proposed amendment also distinguishes between city- initiated and not city - initiated
development applications. Currently, the code requires City Council mail notices to be sent via
certified mail with return receipt to provide verification to the City that the notices have been sent.
Mail notices for city- initiated petitions will be sent by city staff, so the cost of the certification and
return receipt are not needed for verification. This proposed amendment has been added to the text
of paragraph (b) describing the requirements for public hearing mailers.
In addition, the proposed amendment differentiates between specific types of land -use map changes
to include city- initiated, not city- initiated, and map changes specific to the creation of overlays.
While the notice requirements for city - initiated and not city - initiated are the same, the city will also
be required to notice, via mail, the affected property owner thirty (30) days prior to the public hearing
on a small scale comprehensive plan map amendment. The proposed notice requirement for the
creation of an overlay is consistent with Florida Statutes and allows for the creation of overlays,
which previously has not been provided for in the public notice requirements.
General Consistency
• The text and Table 4 have both been amended to rovide for overall consistency between the two
P Y
which is important to ensure regular enforcement of the code. Many minor amendments have been
included with the proposed amendment to ensure that consistency.
STAFF RECOMMENDATION
The proposed amendment will provide for consistency with the notice requirements of the City's
Charter, consistency with Florida Statutes, and provide for the differences between city - initiated and
not city - initiated items; therefore, staff is recommending approval of Petition LDRA- 06 -05- 000003
and Ordinance 16, 2006.
•
,"f,
6j
4
5
6
7
8
9
10
12
13
14
15
16
17
18
19
20
21
22
23
�4
5
26
27
28
Date Prepared: May 24, 2006
ORDINANCE 16, 2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA RELATING TO THE PUBLIC NOTICE
REQUIREMENTS; AMENDING SECTION 78 -54, CODE OF ORDINANCES
ENTITLED "PUBLIC NOTICE," TO AMEND CERTAIN REQUIREMENTS
FOR PUBLIC NOTICE FOR DEVELOPMENT APPLICATIONS; PROVIDING
FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there is a need to amend the notice provisions of Chapter 78, Land
Development Regulations, of the City Code of Ordinances to provide for effective and
economical advertising requirements for city- initiated and non city- initiated development
applications that are consistent with the requirements of the city charter and Florida
Statutes; and
WHEREAS, this Land Development Regulations amendment petition (LDRA -06-
05- 000003) was reviewed by the Planning, Zoning, and Appeals Board at a duly noticed
public hearing on - - - - - -, 2006, and the Board recommended approval by a vote of
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.
29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
30 OF PALM BEACH GARDENS, FLORIDA that:
31
32 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
33
34
35 SECTION 2. Section 78 -54, Code of Ordinances, entitled "Public notice" is
36 hereby amended to read as follows:
37 Sec. 78 -54. Public notice.
38
39 Public notice. Public notice, including mail notice, posting of property, and newspaper
40 advertising, shall be provided as required below and consistent with the city charter -and
41 as In the event of a conflict between the tTable 4 and the text, the
42 requirements of the text shall prevail.
43
44
•5
3
C7
•
Date Prepared: May 24, 2006
Ordinance 16, 2006
Table 4: Required Public Notice #eF PubliG Heafings
TARI F INSET:
s Zoning and Appeals Board/
City Council
Mail(1)
News -1)
paper
Post(1)
Action
Mail(1) P News- Post(1)
14 days prior to
Rezoning:
10 Days
10 Days
15 Days
Days
ordinance adoption As
195
by state
City - initiated; <10 Acres
2
Days
Fequired
14 days prior to
Rezoning:
City- initiated; 10 or >
10 Days
15 Days
194
ordinance adoption &
195
acres
10 Days
Days
y
Las required by state
a
Days
y
Hearing
law.
14 days prior to
Rezoning:
15 Days
194
ordinance adoption
105
Not City- initiated
10 Days
10 Days
Days
Days
14 days prior to
LDR Text Change:
ordinance adoption &
Permitted, Conditional, or
None
10 Days
None
None
As required by state
None
Prohibited Uses
law.
LDR Text Change:
Not Permitted,
104 Days Prior to
Conditional, or Prohibited
None
10 Days
None
None
Ordinance Adoption
None
Uses
Major Conditional Use
10 Days
10 Days
15 Days
104
104Days
105
Days
Days
Minor Conditional Use
15 days
--
15 Days
--
--
--
Variance
10 Days
10 Days
15 Days
19-Days-
1-0
Days
Camp Plan:
14 days prior to
Land Use Map Chan e
As required by
ordinance adoption
or the creation of an
None
state law.
None
None
&As required b state
None
Overlay initiated
law.
Comp Plan:
14 days prior to
Large-scale Land Use
10 D y&-As
104
ordinance adoption &
15
As required by slate
Map Change cit -
10 Days
required b
15 Days
Da
Days
initiated
state law.
y s
law.
Comp Plan:
14 days prior to
Large-scale Land Use
15 Days
194
ordinance adoption &
105
Map Change Not city-
10 Days
10 Days
Days
y
s required by state
Days
y
initiated
law.
is
1
2
3
4
5
6
7
A."
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Date Prepared: May 24, 2006
Ordinance 16, 2006
Comp Plan:
Text Change Affecting
Permitted Uses
None
10 Days
None
None
14 days prior to
ordinance adoption &
None
s required by state
law.
Comp Plan:
Text Change Not
Affecting Permitted Uses
None
10 Days
None
None
14 da s wior to
ordinance adoption &
None
As required by state
law
Small Scale Land Use
Map Change (city-
initiated)
10 Days
y
10 Days
y
15 Days
14 Da s
14 da s rior to
adoption hearing
AS
1
Days
2
Small Scale Land Use
Map Change (Not city-
initiated)
10 Da y s
10 Days
15 Days
194
Days
14 days prior to
ordinance adoption
105
Days
AS by stat
Fequired
Notes:
(1) Number of calendar days prior to date of public hearing.
(2) SeGGRd PWbl4G heaFiRg held at least teR days after fiFGt PYbliG heaFiRg. 30 -day mail notice
to owner of property proposed to be rezoned or undergo land use map change.
(53) Public notice for development review committee meetings require posting at the city hall
complex only.
(b) Mail notice. Required Mmail notice of all future land use map amendments,
rezoning ordinances, conditional use and variance devetGpnnent —order
applications shall be provided as indicated below.
(1) Contents. Unless otherwise provided herein, mail notice of a public
hearing shall contain the following information:
a. The title and substance of the proposed ordinance or development
order;
b. The time, date, and location of the public hearing for the planning,
zoning, and appeals board;
c. The time, date, and location of the public hearing for the city council;
d. The location of the property affected by the application with reference to
the nearest intersection of two or more streets;
e. The name, address, and telephone number of the office where
additional information can be obtained;
f. The times and place where the proposed ordinance or development
order application may be inspected by the public;
g. That interested parties may appear at the meeting or public hearing
and be heard with respect to the proposed ordinance or development
order application; and
3
Date Prepared: May 24, 2006
Ordinance 16, 2006
1
h. An area map, indicating location of the affected property, may be
3
provided.
4
(2) Class of mail.
5
property owner's list.
6
a. Planning, zoning, and appeals board. Mail notice shall be provided by
7
first class mail, unless otherwise directed by the growth management
8
director.
9
b. City council. Mail notice for privately initiated applications shall be
10
provided by certified mail, with return receipt requested or as proposed by
11
the applicant to provide comparable verification of delivery and approved
12
by the Growth Management Administrator. Mail notice for City- initiated
13
development applications shall be provided by first class mail.
14
the property owners list. If a return receipt requested is utilized, the
15
(3) Postmark. Mail notice shall be postmarked no later than the minimum
16
number of calendar days as required in Table 4 or as otherwise required
17
by Sections 163.3184 and 166.041, Florida Statutes, as amended.
18
requirements as a not city- initiated rezoning application. Minor conditional
19
(4) Property owners notified. Mail notice for privately initiated applications
20
shall be provided to all property owners, excluding property owned by the
21
applicant, within 500 feet of the site affected by the development order
22
application.
23
described in this paragraph (b).
4
(5) Property owners list. The list of property owners shall be derived from the
5
most recent official tax roll of Palm Beach County. The applicant shall
26
provide an affidavit attesting to the completeness and accuracy of the
27
property owner's list.
28
29
(6) Costs. The applicant shall provide postage, envelopes, and one (1) set of
30
mailing labels appropriate to the type of mail service utilized. In the event
31
additional mail notice is required, the applicant shall be responsible for
32
postage, envelopes, and mailing labels.
33
34
(7) Procedure. The applicant shall provide and mail all required notices, and
35
provide an affidavit that notice was sent to all property owners included in
36
the property owners list. If a return receipt requested is utilized, the
37
petition or application number shall be indicated on the receipt.
38
39
(8) Major conditional use applications shall require the same mail notice
40
requirements as a not city- initiated rezoning application. Minor conditional
41
use applicants shall provide notice as in this paragraph (b), except that
42
mailed notice is mailed or hand - delivered at least 15 days before the
43
scheduled development review committee meeting. Variance applicants
44
shall provide notice for the Planning, Zoning, and Appeals Board only, as
45
described in this paragraph (b).
r<.
E
Date Prepared: May 24, 2006
Ordinance 16, 2006
1
(c) Posting of property. Property affected by a future land use map amendment,
02
rezoning ordinance, conditional use and variance
3
applications shall be posted as provided below, if required.
4
5
(1) Signs. Signs shall be provided by the applicant, subject to criteria for size,
6
contents, and visibility approval by the growth management department.
7
8
(2) Posting. Property shall be posted by the applicant.
9
10
(3) Installation. Signs shall be posted in a workmanlike manner, able to
11
withstand normal weather events.
12
13
(4) Minimum posting requirements. Privately initiated applications require that
14
aAt least one sign shall be posted per 500 lineal feet of all property
15
located along a public right -of -way, with a minimum of one signs per
16
frontage, or as otherwise required by the growth management director. In
17
the event of unique circumstances affecting a property, additional signs
18
shall be posted as required by the growth management director. City -
19
initiated applications require that one sign be posted per frontage along a
20
public right -of -way, except that City- initiated land use map changes for the
21
creation of an overlay shall not require posting for the city council
22
hearings.
23
0,4
(5) Deadline. Signs, if required, shall be posted at least 15 days prior to a
25
public hearing.
26
27
(6) Affidavit. An affidavit, including photographs, attesting to the date of
28
installation and number of signs installed shall be provided at least five
29
days prior to the required public hearing.
30
31
(7) Major conditional uses and variances shall be required to provide posting
32
for the property consistent with the requirements described in this
33
paragraph (c) 15 days prior to the public hearing Minor conditional uses
34
shall require only the posting of a notice at the city hall complex 15 days
35
prior to the development review committee meeting.
36
37
(d) Minimum newspaper advertising requirements. Newspaper advertising of
38
public hearings to consider all comprehensive plan text amendments, future
39
land use map amendments, rezoning ordinances, major conditional uses and
40
devele-pMeRt erg variance applications shall be provided as indicated
41
below.
42
43
(1) Newspaper type. The advertising shall be published in a newspaper of
44
general paid circulation, and of general interest and readership in the
45
jurisdiction. The advertisement shall appear in a newspaper published
&6
at least five times per week.
5
Date Prepared: May 24, 2006
Ordinance 16, 2006
(2) Costs. The applicant shall be charged a fee to defray all costs
3 associated with advertising for a public hearing to consider ordinances
4 or development order applications.
5
6 (3) Publication. The advertisement for the public hearings shall appear no
7 later than the minimum number of calendar days as required in Table
8 4, the city charter, or as required by the appropriate chapter of Florida
9 Statutes, as amended.
10
11 (4) Comprehensive plan land use large scale map and permitted use text
12 changes. The notice of public hearings to consider an amendment to
13 the future land use plan map or to comprehensive plan text changes
14 which amend permitted, conditional, or prohibited uses within a future
15 land use plan category shall be published as required by Section
16 163.3184, Florida Statutes, as amended, and as by Table 4.
17
18 (5) Comprehensive plan text change not affecting permitted uses. The
19 notice of public hearings to consider an amendment to the text of the
20 comprehensive plan text changes which do not amend permitted,
21 conditional, or prohibited uses within a future land use plan category
22 shall be provided as required by F.S. Section 163.3184, as amended
23 and by Table 4. The notice shall include the following information:
04 a. The title of the proposed ordinance;
5 b. The time, date, and location of the public hearing for the local
26 planning agency;
27 c. The time, date, and location of the public hearing for the city council;
28 d. The name, address, and telephone number of the office where
29 additional information can be obtained;
30 e. The time and place where the proposed ordinance may be
31 inspected by the public; and
32 f. A notice that interested parties may appear at the meeting or public
33 hearing and be heard with respect to the proposed ordinance.
34
35 (6) Small scale- land -use Comprehensive plan land use small scale map
36 amendments. The notice of public hearings to consider a small scale
37 land use p4R map amendment shall be provided as required by Table
38 4, or as required by the applicable provisions of F.S. Sections
39 14163.3187 and 166.041, as amended. The notice shall include
40 the following information:
41 a. The title of the proposed ordinance;
42 b. The time, date, and location of the public hearing for the local
43 planning agency:
44 c. The time, date, and location of the public hearing for the city council;
45 d. The location of the property affected by the application with
06 reference to the nearest intersection of two or more streets;
6
Date Prepared: May 24, 2006
Ordinance 16, 2006
1
e. The name, address, and telephone number of the office where
additional information can be obtained;
3
f. The times and place where the proposed ordinance or development
4
order application may be inspected by the public;
5
g. A notice that interested parties may appear the meeting or public
6
hearing and be heard with respect to the proposed ordinance or
7
development order application; and
8
h. An area map, indicating location of the affected property, may be
9
provided.
10
11
(7) Rezoning greater than ten acres and text changes affecting permitted
12
uses. The notice of public hearings to consider rezoning ordinances
13
affecting property of more than ten acres or to consider proposed
14
ordinances which change the actual list of permitted, conditional, or
15
prohibited uses within a zoning category shall be published as
16
provided in Table 4, or as required by F.S. Section 166.041, as
17
amended.
18
19
(8) Rezoning less than ten acres, development order applications, and text
20
amendments not affecting permitted uses. The notice of public
21
hearings to consider rezoning ordinances affecting less than ten acres,
22
development order applications, or land development regulation
23
amendments which do not affect permitted, conditional, or prohibited
04
uses shall be provided as required in F.S. Section 166.041, as
5
amended, or Table 4. The notice shall include the following
26
information, as applicable: the title and substance of the ordinance or
27
other type of development order, including, as applicable, the type of
28
development order application, the type of principal uses proposed, the
29
number of dwelling units, the type of dwelling units, or the nature of the
30
land development regulation amendment;
31
a. The time, date, and location of the public hearing for the planning,
32
zoning, and appeals board;
33
b. The time, date, and location of the public hearing for the city council;
34
c. The location of the property affected by the application with
35
reference to the nearest intersection of two or more streets;
36
d. The name, address, and telephone number of the office where
37
additional information can be obtained;
38
e. The times and place where the proposed ordinance or development
39
order application may be inspected by the public;
40
f. A notice that interested parties may appear the meeting or public
41
hearing and be heard with respect to the proposed ordinance or
42
development order application; and
43
g. An area map, indicating location of the affected property, may be
44
provided.
45
is
7
Date Prepared: May 24, 2006
Ordinance 16, 2006
1
(9) Land development regulation text change affecting permitted uses. The
notice of public hearings to consider land development regulations text
3
changes affecting permitted, conditional, or permitted uses within a
4
zoning category shall be published as provided in Table 4, or as
5
required by F.S. Section 166.041, as amended.
6
7
(10) Maior conditional uses and variances. The notice shall be published as
8
provided in Table 4 and include the following information, as
9
applicable:
10
a. The time date, and location of the public hearing;
11
b The location of the property affected by the application with
12
reference to the nearest intersection of two or more streets;
13
c The name address and telephone number of the office where
14
additional information can be obtained:
15
d The times and place where the proposed application may be
16
inspected by the public;
17
e A notice that interested parties may appear the meeting or public
18
hearing and be heard with respect to the proposed ordinance or
19
development order application; and
20
f An area map indicating location of the affected property, may be
21
provided.
22
23
(e) Failure to provide notice. Failure to comply with the minimum number of days
4
of required newspaper advertising notice, mail notice, or posting of property
5
shall result in an automatic postponement of the application. The body
26
holding the hearing shall schedule and announce at the originally scheduled
27
public hearing the time, date, and location for the postponed public hearing.
28
The body holding the hearing, or growth management department staff, may
29
require additional newspaper advertising, mail notice, or posting of property
30
for a rescheduled public hearing. The applicant shall be required to defray all
31
of the costs associated with additional newspaper advertisement, mail notice,
32
or posting of property for rescheduled public hearings.
33
34
(f) Effect of postponements. If the public hearing for a rezoning ordinance or
35
development order application is postponed more than once, or is not
36
postponed to a specific time, date, and location, or is otherwise postponed
37
such that the original public notice is no longer applicable, the growth
38
management department staff may require additional public notice via
39
newspaper advertising, mail, or posting of property. Such additional public
40
notice shall be at the expense of the applicant.
41
42
43
SECTION 3. This Ordinance shall become effective immediately upon adoption.
44
45
SECTION 4. Codification of this Ordinance is hereby authorized and directed.
r�
PASSED this day of
4w-
4 PASSED AND ADOPTED this
5 and final reading.
6
7 CITY OF PALM BEACH GARDENS
8
9 BY:
10 Joseph R. Russo
11
12
13 Vice Mayor Jody Barnett
14
15
16 Councilmember Eric Jablin
17
18
19 Councilmember David Levy
20
21
22 Councilmember Hal R. Valeche
111C ATTEST:
26
27 BY:
28 Patricia Snider, CMC
29 City Clerk
30
31
32 APPROVED AS TO FORM AND
33 LEGAL SUFFICIENCY
34
35
36 BY:
37 Christine P. Tatum, City Attorney
38
39
40
41
42
43
44
U
Date Prepared: May 24, 2006
Ordinance 16, 2006
, 2006, upon first reading.
day of , 2006, upon second
FOR
9
AGAINST ABSENT
Mayor