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Home My WebLink AboutAgenda Council Agenda 020311 CITY OF PALM BEACH GARDENS COUNCIL AGENDA February 3, 2011 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. HONDA CLASSIC ECONOMIC IMPACT PRESENTATION. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: a. ECONOMIC DEVELOPMENT PROJECT VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 5) APPROVE MINUTES FROM JANUARY 6, 2011 CITY COUNCIL MEETING. b. (Staff Report on Page 9, Resolution on Page 11) RESOLUTION 5, 2011 - AGREEMENT WITH THE CHILDREN’S HEALTHCARE CHARITY, INC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH THE CHILDREN’S HEALTHCARE CHARITY, INC. FOR THE 2011 HONDA CLASSIC PGA GOLF TOURNAMENT TO PROVIDE TEMPORARY VOLUNTEER PARKING, A PUBLIC SAFETY GRANT FOR OFF-DUTY POLICE AND FIRE PERSONNEL, AND EXCLUSIVE USE OF MIRASOL PARK; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Tinsley c. (Staff Report on Page 25, Resolution on Page 27) RESOLUTION 6, 2011 – CITY CANVASSING BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, AS AN ADDITIONAL MEMBER OF THE CITY OF PALM BEACH GARDENS CANVASSING BOARD; REQUESTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, TO CANVASS ALL ABSENTEE BALLOTS, TO CANVASS THE MUNICIPAL ELECTION, AND TO CONDUCT THE LOGIC AND ACCURACY TESTING FOR ALL ELECTION MACHINERY; AUTHORIZING THE CITY CLERK TO APPOINT ELECTION OFFICIALS FOR THE PURPOSE OF CONDUCTING THE GENERAL ELECTION AND RUN-OFF ELECTION, IF APPLICABLE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. (Page 29) PROCLAMATION – HONDA CLASSIC WEEK. IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. *(Memo to continue on Page 30) RESOLUTION 55, 2010 – (CONTINUED FROM DECEMBER 16, 2010) AMENDMENT TO THE SOUTHAMPTON PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE SOUTHAMPTON PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT THE NORTHEAST CORNER OF CENTRAL BOULEVARD AND PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE CONSTRUCTION OF 96 TOWNHOMES AND 58 SINGLE-FAMILY HOMES; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. (Staff Report on Page 32, Ordinance on Page 34) ORDINANCE 28, 2010 – (2ND READING AND ADOPTION) AMENDING FISCAL YEAR 2010/2011 BUDGETED FUND BALANCE CARRY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. (Staff Report on Page 39, Ordinance on Page 41) ORDINANCE 29, 2010 – (2ND READING AND ADOPTION) AMENDING THE FISCAL YEAR 2010/2011 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. (Staff Report on Page 46, Ordinance on Page 54) ORDINANCE 1, 2011 – (2nd READING AND ADOPTION) AMENDING THE CITY’S LAND DEVELOPMENT REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY REPEALING SUBSECTION 78-80(a)(12) AND READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. BY REPEALING SUBSECTION 78-157(b). DEFINITIONS. IN ITS ENTIRETY AND RESERVING SAME FOR FUTURE LEGISLATION; FURTHER AMENDING CHAPTER 78. BY REPEALING SECTIONS 78-571. AND 78-572. AND SUBSECTION 78-681(b)(5) AND READOPTING SAME, AS REVISED, IN ORDER TO CLARIFY PARK AND RECREATION REQUIREMENTS; FURTHER AMENDING CHAPTER 78. AT SECTION 78-751. DEFINITIONS. BY REPEALING THE DEFINITIONS OF “ALLEY” AND “GOVERNMENT USES” AND READOPTING SAME, AS REVISED, AND ADOPTING NEW DEFINITIONS OF “BUILD TO LINE”, “COMMUNITY PARK”, “LIVE-WORK”, “MAIN STREET”, “NEIGHBORHOOD PARK”, “PEDESTRIAN-ORIENTED GROUND FLOOR USES”, “PRIMARY STREET”, “SECONDARY STREET”, “TERTIARY STREET”, AND “WATER ACCESS”; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. (Staff Report on Page 64, Ordinance on Page 228) ORDINANCE 2, 2011 - (1ST READING) TEXT AMENDMENT TO THE CAPITAL IMPROVEMENTS ELEMENT (CIE). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTIONS 163.3177 AND 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A CITY-INITIATED AMENDMENT WHICH PROVIDES FOR THE ANNUAL UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS SCHEDULE WITHIN THE CAPITAL IMPROVEMENTS ELEMENT, INCLUDING REVISED TEXT NECESSARY TO UPDATE TABULAR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING THAT THE TEXT AND DATA, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT OR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f. (Staff Report on Page 241, Ordinance on Page 249) ORDINANCE 3, 2011 – (1ST READING) AMENDING THE CITY’S LAND DEVELOPMENT REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY ADOPTING NEW SUBSECTION 78-49(e) IN ORDER TO CREATE EXEMPTIONS TO THE ARCHITECTURAL REVIEW REQUIREMENT PROCESS FOR MINOR ARCHITECTURAL MODIFICATIONS WITHIN PLANNED COMMUNITY DEVELOPMENTS (PCDs) AND ADOPT REGULATIONS PERTAINING TO PROCESSING EXEMPTION REQUESTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. (Staff Report on Page 253, Resolution on Page 256) RESOLUTION 8, 2011 - FEES AND CHARGES SCHEDULE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA UPDATING THE SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY THE CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND OTHER MEMBERS OF THE PUBLIC FOR FISCAL YEAR 2010/2011; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. (Page 296) DISCUSSION ON 2011 LEGISLATIVE PRIORITIES. XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 01•06•11 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 JANUARY 6, 2011 4 5 The regular meeting was called to order at 7:00 p.m. by Mayor Levy. 6 I. PLEDGE OF ALLEGIANCE 7 II. ROLL CALL 8 PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph 9 Russo, Councilmember Eric Jablin, Councilmember Marcie Tinsley. 10 ABSENT: None. 11 III. ADDITIONS, DELETIONS, MODIFICATIONS 12 Mayor Levy recognized the Honorable Edward K. Harlow, Vice Mayor, Bristol, Virginia. 13 IV. ANNOUNCEMENTS AND PRESENTATIONS 14 a. MAYOR’S VETERANS GOLF TOURNAMENT CHECK PRESENTATION 15 Mayor Levy, Councilmembers and Golf Course Operations Director Tim Kasher 16 presented the donation check to West Palm Beach Veterans Administration Medical Center 17 representatives: Cristy McKillop, Associate Director, VA Medical Center; Lorien Nelson, 18 Assistant Chief, Social Work Service and Mary Phillips, Chief, Voluntary/Recreation 19 Therapy Service. Cristy McKillop thanked the community and presented awards to Mayor 20 Levy, Jouise Jordan, Cynthia Unger, Tim Ford, Kevin Kern, Sgt. Jack Schnur, Fire 21 Chief Pete Bergel and Tim Kasher. 22 b. FIRE RESCUE VOLUNTEER RECOGNITION 23 Mayor Levy presented an award to Fire Rescue volunteer Leonard Katz. 24 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 25 All Councilmembers wished everyone a happy New Year and acknowledged Finance 26 Administrator Allan Owens and the Finance Department staff for receiving the 27 Distinguished Budget Presentation Award. Councilmember Jablin recognized Mary Jane 28 Fine of the Florida Weekly for the article “The People’s Art” on public art in Palm Beach 29 Gardens. Vice Mayor Premuroso announced the upcoming Palm Beach Gardens Historical 30 Society meeting. Councilmember Tinsley announced upcoming City events. Mayor Levy 31 reported attending the Community Aesthetics Board meeting and announced that applications 32 are now being accepted for the Residential Beautification Award. 33 VI. CITY MANAGER REPORT 34 None. 35 VII. COMMENTS FROM THE PUBLIC 36 Bill Wehrman, 11278 Glen Oaks Court, North Palm Beach; Suzanne Archer, 3187 Gardens 37 East Drive, Palm Beach Gardens. 38 VIII. CONSENT AGENDA 39 a. APPROVE MINUTES FROM DECEMBER 16, 2010 CITY COUNCIL MEETING. 40 b. RESOLUTION 1, 2011 - FOUR YEAR MASTER LEASE AGREEMENT. A 41 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 42 FLORIDA APPROVING A FOUR (4) YEAR MASTER LEASE AGREEMENT WITH GE 43 CAPITAL CORPORATION/VFS FOR GOLF MAINTENANCE EQUIPMENT THROUGH 44 AN EXISTING CONTRACT WITH THE STATE OF FLORIDA NO. 760 -000-10-1; 45 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 46 c. RESOLUTION 3, 2011 - PURCHASE AWARD TO XYBIX SYSTEMS, INC. A 47 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 01•06•11 FLORIDA APPROVING AN AGREEMENT WITH ERGOFLEX SYSTEMS, INC. (D/B/A 1 XYBIX SYSTEMS, INC.) FOR THE PURCHASE AND INSTALLATION OF DISPATCH 2 AND COMMUNICATIONS WORKSTATIONS FOR THE EMERGENCY OPERATIONS 3 AND COMMUNICATIONS CENTER VIA AN EXISTING RFP (NO. 10P -075) AND 4 CONTRACT WITH MARION COUNTY, FLORIDA; PROVIDING AN EFFECTIVE 5 DATE; AND FOR OTHER PURPOSES. 6 d. PROCLAMATION – ARBOR DAY 7 Vice Mayor Premuroso requested item c. be pulled. 8 Councilmember Jablin made a motion for approval of the Consent Agenda without item c. 9 Councilmember Russo seconded. 10 Motion passed 5-0. 11 The City Clerk read Resolution 3, 2011 by title. 12 City Manager Ferris acknowledged Palm Beach Gardens Police Department Colonel Ernie 13 Carr for his work on the new communication system being installed in the Emergency 14 Operations Communications Center (EOCC). Colonel Carr acknowledged his staff and 15 introduced Dispatch Supervisor Judy Brandt. Colonel Carr gave a presentation explaining 16 the equipment to be installed and the benefits Northern Palm Beach County will derive from 17 it. Colonel Carr also explained the $150,262.00 cost to the City would be reimbursed through 18 funding from the 9-1-1 Palm Beach County Emergency Management Budget. 19 Councilmember Jablin made a motion for approval of Resolution 3, 2011. 20 Vice Mayor Premuroso seconded. 21 Motion passed 5-0. 22 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 23 Mayor Levy announced the procedures for tonight’s proceedings. 24 Those preparing to give testimony were sworn in. 25 The City Clerk read Ordinance 1, 2011 by title. 26 a. ORDINANCE 1, 2011 – (1st READING) AMENDING THE CITY’S LAND 27 DEVELOPMENT REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE 28 CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND 29 DEVELOPMENT. BY REPEALING SUBSECTION 78-80(a)(12) AND READOPTING 30 SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. BY REPEALING 31 SUBSECTION 78-157(b). DEFINITIONS. IN ITS ENTIRETY AND RESERVING SAME 32 FOR FUTURE LEGISLATION; FURTHER AMENDING CHAPTER 78. BY REPEALING 33 SECTIONS 78-571. AND 78-572. AND SUBSECTION 78-681(b)(5) AND READOPTING 34 SAME, AS REVISED IN ORDER TO CLARIFY PARK AND RECREATION 35 REQUIREMENTS; FURTHER AMENDING CHAPTER 78. AT SECTION 78-751. 36 DEFINITIONS. BY REPEALING THE DEFINITIONS OF “ALLEY” AND 37 “GOVERNMENT USES” AND READOPTING SAME, AS REVISED, AND ADOPTING 38 NEW DEFINITIONS OF “BUILD TO LINE”, “COMMUNITY PARK”, “LIVE-WORK”, 39 “MAIN STREET”, “NEIGHBORHOOD PARK”, “PEDESTRIAN-ORIENTED GROUND 40 FLOOR USES”, “PRIMARY STREET”, “SECONDARY STREET”, “TERTIARY 41 STREET”, AND “WATER ACCESS”; PROVIDING THAT EACH AND EVERY OTHER 42 SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL 43 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A 44 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 45 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 46 Mayor Levy opened the public hearing. 47 No ex parte communication was declared. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 01•06•11 Staff Presentation: Director of Planning and Zoning Natalie Wong. 1 Public Comment: None. 2 Discussion ensued. 3 Mayor Levy closed the public hearing. 4 Councilmember Jablin made a motion for approval of Ordinance 1, 2011 on first reading. 5 Vice Mayor Premuroso seconded. 6 Motion passed 5-0. 7 The City Clerk read Resolution 2, 2011 by title. 8 b. RESOLUTION 2, 2011 - AMENDING RESOLUTION 83, 2005. A RESOLUTION OF 9 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 10 AMENDING CERTAIN CONDITIONS OF APPROVAL FOR THE CHRIST 11 FELLOWSHIP CHURCH NORTH CAMPUS PLANNED UNIT DEVELOPMENT (PUD), 12 LOCATED ON NORTHLAKE BOULEVARD APPROXIMATELY 0.8 MILES WEST OF 13 NORTH MILITARY TRAIL, AS DESCRIBED MORE PARTICULARLY HEREIN; 14 PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND 15 FOR OTHER PURPOSES. 16 Mayor Levy opened the public hearing. 17 No ex parte communication was declared. 18 Presentation by: Donaldson Hearing, Cotleur & Hearing, Inc. 19 Public Comment: None. 20 Mayor Levy closed the public hearing. 21 Councilmember Jablin made a motion for approval for Resolution 2, 2011. 22 Councilmember Russo seconded. 23 Motion passed 5-0. 24 X. RESOLUTIONS 25 None. 26 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 27 Councilmember Tinsley suggested a time capsule be buried at the site of the new EOCC and 28 Councilmembers concurred. Councilmember Tinsley cited possible amendments to the State 29 pension laws. Discussion ensued. 30 XII. CITY ATTORNEY REPORT 31 None. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 01•06•11 XIII. ADJOURNMENT 1 Councilmember Jablin made a motion to adjourn. 2 Councilmember Russo seconded. 3 Motion passed 5-0. 4 The meeting adjourned at 8:11 p.m. 5 The next regularly scheduled City Council meeting will be held February 3, 2011. 6 7 APPROVED: 8 9 10 11 David Levy, Mayor 12 13 14 15 Robert G. Premuroso, Vice Mayor 16 17 18 19 Joseph R. Russo, Councilmember 20 21 22 23 Eric Jablin, Councilmember 24 25 26 27 Marcie Tinsley, Councilmember 28 29 30 31 32 33 34 35 ATTEST: 36 37 38 39 40 Patricia Snider, CMC 41 City Clerk 42 43 44 45 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 46 the meeting. A verbatim audio record is available from the Office of the City Clerk. 47 All referenced attachments are on file in the Office of the City Clerk. 48 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 3, 201 1 Resolution 5, 2011 SubjectlAgenda Item: Approve a Lease Agreement with the Children’s Healthcare Charity, Inc. for Temporary Parking and a Public Safety Plan Grant for Off-Duty Police and Fire Personnel associated with the 201 1 Honda Classic PGA Golf Tournament [XI Recommendation to APPROVE [ ] Recommendation to DENY ~~ ~ ~~ Reviewed by: Finance A&trator Allan Owens Submitted by: Approved by: City Manager Ronhd M. kerris Originating Dept.: Operations Director Tim Kashef Advertised: Date: Paper: [ x ] Not Required Affected parties [ ] Notified [ X ] Not required Costs: $70.000.00 (Total) $70,000.00 Current FY Funding Source: [XI Operating [ ] Other Budget Acct.#: 001.091 0.572.141 0 001.0910.572.21 10 Council Action: : ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: - Resolution 5, 201 1 - Exhibit A: Lease Agreement Meeting Date: February 3, 2011 Resolution 5, 2011 Page 2 of 2 BACKGROUND: The Children’s Healthcare Charity, 1nc.k Honda Classic Golf Tournament is a nationally-televised PGA Tour event that has been held annually in Palm Beach Gardens since 2002. This year’s event will be held from February 28,201 1 , through March 6, 201 1 , at PGA National Resort and Spa. Attendance is projected to exceed 100,000 spectators during the tournament week, as well as generate an economic impact of $23 million. The event is televised nationally by the Golf Channel with the final two rounds covered by NBC Sports. In order to produce a professional golf tournament event, the Children’s Healthcare Charity, Inc. (Charity) must secure an inordinate amount of logistical items including the hiring of off-duty police and fire personnel for the safety of its attendees. Through the City’s budget, a Public Safety Plan Grant is available on a reimbursement basis to the Charity for up to $75,355.00 for such personnel. In order to receive reimbursement, the Charity will have to show the need for such personnel, as well as documentation that the personnel were used for the events. The safety and well-being of residents and visitors is integral to the operation of the event and positive promotion for the City. As in past years, the Charity is requesting exclusive use of Mirasol Park, including the parking areas and the adjacent 14-acre Palm Beach County School District site leased to the City for the purpose of temporary parking for volunteers during the tournament week. The City recognizes the importance of volunteers performing tasks and responsibilities when operating an event at this professional level, and providing the park space for use as volunteer parking will assist in producing a quality event for residents and visitors alike. A lease agreement has been developed, which includes restrictions placed on the Charity such as areas permissible for use and allowable changes to the permitted areas. STAFF RECOMMENDATION: Staff recommends approval of Resolution 5, 201 1 as presented. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 5,2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH THE CHILDREN’S HEALTHCARE CHARITY, INC. FOR THE 2011 HONDA CLASSIC PGA GOLF TOURNAMENT TO PROVIDE TEMPORARY VOLUNTEER PARKING, A PUBLIC SAFETY GRANT EXCLUSIVE USE OF MIRASOL PARK; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. FOR OFF-DUTY POLICE AND FIRE PERSONNEL, AND WHEREAS, the Honda Classic Golf Tournament, held at the PGA National Resort and Spa, is a nationally televised seven (7) day event that will draw approximately 100,000 spectators and have a significant economic impact to the City and Palm Beach County estimated to be $23 million; and WHEREAS, the proceeds from the Honda Classic will be donated to the Children’s Healthcare Charity, Inc. (“Charity”) and other local children’s charities; and WHEREAS, in order to provide for the security and safety of spectators and the public at large, the Charity will be implementing a Public Safety Plan for the Honda Classic; and WHEREAS, the City Council wishes to provide a $70,000.00 grant to the Charity for implementation of the Public Safety Plan utilizing off-duty City police officers and City fire department staff to provide for the safety of City residents and those attending the Golf Tournament; and WHEREAS, the Charity has requested that the City lease the exclusive use of Mirasol Park and the adjacent Palm Beach County School Board site presently leased to the City (“Mirasol”) for a temporary vehicle parking site during the Honda Classic Golf Tournament; and WHEREAS, the City and Charity desire to enter into a Lease Agreement setting forth the terms and conditions under which the Charity shall lease the property from the City for the purposes stated above; and WHEREAS, such agreement has been prepared and is attached hereto as Exhibit “A; and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. Page 1 of 3 Resolution 5, 201 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified SECTION 2. The City Council hereby approves a Public Safety Grant to the Charity in the sum of $70,000.00 to be used to implement its Public Safety Plan for the Honda Classic Golf Tournament, subject to the following conditions: 1. 2. 3. 4. All off-duty police and fire personnel retained to implement the Public Safety Plan shall be City police and fire staff unless the City confirms that off-duty City police and fire staff are not available to provide such services. Any additional funds necessary to implement the Public Safety Plan in excess of $70,000.00 shall be borne by Children’s Healthcare Charity, Inc. The funds shall be available as of February 28, 201 1. The City reserves the right to require the execution of an agreement prior to disbursement of any funds. The $70,000.00 grant shall be available for the 2011 Honda Classic Golf Tournament; any future grants in support of the Golf Tournament shall require additional City Council approval. SECTION 3. The City Council hereby approves the Lease Agreement with the Charity for temporary parking, and authorizes the Mayor to execute the Agreement, attached hereto as Exhibit “A.” SECTION 4. This Resolution shall become effective immediately upon adoption. (The remainder of this page intentionally left blank) Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Resolution 5, 201 1 PASSED AND ADOPTED this day of ,2011. CITY OF PALM BEACH GARDENS, FLORIDA BY: David Levy, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN COUNCILMEMBER TINSLEY -- AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\201 l\Resolution 5 201 1 - honda classic.doc Page 3 of 3 EXHIBIT “A” Resolution - 5,201 1 LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this day of , 2011, by and between the CITY OF PALM BEACH GARDENS, a municipal corporation organized and existing under the laws of the State of Florida (“City”), and CHILDREN’S HEALTHCARE CHARITY, INC., a Florida not-for-profit corporation (“Charity ”) . WHEREAS, the Charity has requested to lease the exclusive use of Mirasol Park and the adjacent Palm Beach County School District leased site (“Property”) for a temporary vehicle parking site during the Honda Classic Golf Tournament to be held at the PGA National Resort and Spa; and WHEREAS, the Charity has requested the use of Fire Station 4 for a temporary will-call pick-up location; and WHEREAS, the City and Charity desire to enter into a Lease Agreement setting forth the terms and conditions under which the Charity shall lease the Property from the City for the purposes stated above. NOW, THEREFORE, in consideration of the rents, covenants, and agreements hereinafter reserved and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: ARTICLE I BASIC LEASE PROVISIONS Section 1.01 Premises. In consideration of the rents, covenants, and agreements hereafter reserved and contained on the part of the Charity to be observed and performed, the City leases to the Charity, and the Charity rents from the City parcels of land known as Mirasol Park and Mirasol School Site, legally described as follows: MIRASOL PARK ALL OF TRACT Z ACCORDING TO THE PLAT OF MIRASOL PLAT ONE, LOCATED IN SECTION 34, TOWNSHIP 41 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK 89, PAGES 14 THROUGH 23, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Page 1 of 10 MIRASOL SCHOOL SITE TRACT Y OF MIRASOL PLAT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 89, PAGES 14 THROUGH 23 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Section 1.02 Length of Term and Effective Date. This Lease Agreement shall be effective upon the Effective Date as defined hereinafter. The term of this Agreement and the Charity’s use of the Property shall commence at 7:OO a.m. on February 28, 201 1 , and shall cease at 7:OO p.m. on March 6, 2011 (“Term of Lease”). The Term of Lease may be modified or extended with the mutual written consent of the parties. ARTICLE II RENT Section 2.01 Rent. The Charity shall pay the City rent in the amount of One Dollar ($1.00), payable within ten (IO) days of the Effective Date of this Lease Agreement, together with all other deposits required herein. Section 2.02 Assessments and Personal Property Taxes. In the event this Lease or the Charity’s use of the Property renders the Property subject to ad valorem real property taxes or similar impositions imposed by any government entity, the Charity shall be responsible for and shall pay same before delinquency. ARTICLE 111 CONDITIONS OF LEASED PREMISES, ALTERATIONS The Charity certifies that it has inspected the Property and accepts same “As Is” in its existing condition, together with any defects, latent or patent, if any, and subject to all matters of record. The Charity further acknowledges that the City has made no representations or warranties of any nature whatsoever regarding the Property, equipment located thereon, or the suitability thereof for the Charity’s intended use. No repair work or alterations of the Property is required to be done by the City as a condition of this Agreement. Page 2 of 10 the following: 4.01 .I 4.01.2 4.01.3 4.01.4 ARTICLE IV CONDUCT OF BUSINESS AND USE OF PREMISES Use of the Premises. Section 4.01 The Charity shall use and occupy the Property only as a temporary parking site The Charity’s use of the Property is expressly conditioned upon and subject to for motor vehicles in connection with its implementation of the Honda Classic. The Charity shall have the right to open and secure the site at the beginning and end of each day of the Honda Classic. The Charity shall provide the personnel necessary to perform such functions at its sole cost and expense. The Charity shall provide off-duty police officers during the term of the Lease Agreement for security and traffic safety. The Charity shall provide all personnel necessary to monitor perimeter gate stacking and parking areas. The Charity shall be responsible for all safety issues as it relates to its use and the Property. 4.01.5 The Charity shall establish parking stake lines within the Property and provide stakes and flagging tape necessary to prevent parking in inappropriate adjacent areas. 4.01.6 4.01.7 The Charity shall provide shuttle service from the Property to and from the event site. At least ten (IO) days prior to the commencement of the Term of Lease, the Charity shall post a Five Hundred Dollar ($500.00) cash deposit for trash cleanup which shall be refunded by the City upon completion of cleanup by the Charity staff to the reasonable satisfaction of the City’s Community Services Department. In addition, the Charity shall post a Two Thousand Dollar ($2,000.00) cash deposit to ensure that the Property and facilities are returned to their original condition, which may be refunded by the City upon expiration of the Lease Agreement. To the extent of any damage, the City reserves the right to set off against the deposit. Notwithstanding the foregoing, should the cost to repair any damage be greater than the deposit, the Charity shall be responsible for reimbursing the City for same. Page 3 of 10 Further, the parties hereto understand that regardless of any provision to the contrary, nothing in this Agreement shall prevent the general public from utilizing the Property for any customary uses. However, the City agrees not to issue other usage permits for the Property during the term of this Agreement. Section 4.02 Waste or Nuisance. The Charity shall not commit or suffer to be committed any waste upon the Property, commit or permit the maintenance or commission of any nuisance or other act or thing which may result in damage or depreciation of value of the Property, or which may affect the City’s fee interest in the Property, or which results in an unsightly condition. All refuse is to be removed from the Property at the Charity’s sole cost and expense, and the Charity shall keep such refuse in proper fireproof containers on the interior of the Property until removed. Section 4.03 Government Regulations. The Charity shall, at the Charity’s sole cost and expense, comply with all ordinances, laws, statutes, and regulations promulgated thereunder of all county, municipal, state, federal, and other applicable governmental authorities now in force or which may hereafter be in force pertaining to the Charity and its use of the Property or the Property generally. The Charity shall not use, maintain, store, or dispose of any contaminants, including, but not limited to, hazardous or toxic substances, chemicals, or other agents on the Property or any adjacent land in any manner not permitted by law. The Charity shall indemnify, defend, and save the City harmless from any and all penalties, fines, costs, expenses, suits, claims, or damages resulting from the Charity’s failure to perform its obligations in this Section. This indemnification provision shall survive the termination or expiration of this Lease Agreement. Section 4.04 Surrender of Premises. Upon expiration or termination of this Lease, the Charity shall remove the Charity’s personal property, removable fixtures, and equipment from the Property and surrender the Property to the City in good condition and repair. ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES Section 5.01 Responsibility of the Charity and the City. The City shall not be obligated or required to make or conduct any maintenance or repairs whatsoever to the Property. During the term of this Lease Agreement, the Charity shall keep and maintain all portions of the Property in good condition and repair, at the Charity’s sole cost and expense. Page 4 of 10 Section 5.02 The City’s Right to Inspect. The City or City’s agents shall have the right to enter the Property at any time for the purpose of inspection of the Property and any improvements located thereon. Any such entry on the Property shall be conducted by the City in a manner calculated to minimize any interference with or disruption of the Charity’s operations within the Property. ARTICLE VI UTILITIES If necessary, the Charity shall be solely responsible for all costs and expenses relating to providing utility services to the Property and shall pay directly to the utility company or provider of such service all charges and assessments for any utility services provided, including, but not limited to, water, sewer, gas, electricity, trash collection, and removal of any other utility used or consumed on the Property. ARTICLE VI1 INSURANCE Section 7.01 Required Coverages. 7.01.1 Workers’ Compensation. During the term of the Agreement, the Charity shall procure and maintain Workers’ Compensation Insurance covering all employees with limits meeting all applicable state statutes and federal laws. This coverage shall include Employers’ Liability with limits meeting all applicable state statutes and federal laws. This coverage must extend to any subcontractor that does not have its own Workers’ Compensation and Employers’ Liability Insurance. Thirty (30) days’ notice of cancellation is required and must be provided to the City via certified mail. 7.01.2 Commercial and General Liability. During the term of this Agreement, the Charity shall procure and maintain Commercial General Liability and Property Damage policies of insurance in amounts of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) general aggregate with respect to its use of the Property. The policy shall include coverage for property damage and contractual liability specifically insuring the indemnification portion of this Lease. Page 5 of 10 Section 7.02 Certificates of Insurance. The City shall be named as an “additional insured” on all policies relating to this Lease Agreement and shall be provided with a standard form of certificate of insurance within ten (IO) days of the Effective Date of this Agreement. Such certificate shall provide that the City shall be notified at least thirty (30) days prior to any cancellation or change in coverage. The policy must be endorsed to add the Property to the policy. ARTICLE Vlll INDEMNIFICATION The Charity shall indemnify and save the City, its officers, agents, and employees harmless from any and all claims, liability, losses, and causes of action of any nature whatsoever which may arise out of or be in any way related to the Charity’s use of the Property. The Charity shall pay all claims or losses of any nature whatsoever in connection therewith, including, but not limited to, attorney’s fees and costs to defend all claims or suits, including appellate fees and costs, and shall pay all costs and judgments which may arise. The City reserves the right to select its own counsel in any such proceeding, and all costs and fees associated therewith shall be the responsibility of the Charity under this Indemnification Agreement. Compliance with the foregoing shall not relieve the Charity of any liability or other obligation under this Agreement. Further, nothing contained herein is intended nor shall be construed to waive the City’s sovereign immunity rights or the limitations of liability set forth in Section 768.28, Florida Statutes. This indemnification provision shall survive the termination or expiration of this Agreement. ARTICLE IX ASSIGNMENT AND SUBLETTING The Charity shall not assign, mortgage, pledge, or encumber this Agreement, in whole or in part, nor sublet or rent all or any portion of the Property, nor grant easements affecting the Property without prior written consent of the City, which may be granted or withheld in the City’s absolute discretion. ARTICLE X TERMINATION Either party may terminate this Lease, for any or no reason, by giving the other party five (5) days’ written notice of its intent to terminate this Agreement. Upon the giving of such notice, this Agreement shall expire on the date specified as if that date had originally been fixed as the expiration date of the Term of Lease. Page 6 of 10 ARTICLE XI MISCELLANEOUS Section 11.01 Entire Agreement. This Agreement and Exhibits attached hereto constitute all agreements, conditions, and understandings between the Charity and the City concerning the Property. All representations, either oral or written, shall be deemed to be merged into this Agreement. Except as otherwise provided herein, no subsequent alteration, waiver, change, or addition to this Agreement shall be binding upon the Charity or the City unless reduced to writing and signed by them. Section 11.02 Notices. Any consents, approvals, and permissions by the parties shall be effective and valid only if in writing, and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return receipt requested to the following addresses: If to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Attn: City Manager If to the Charity: Children’s Healthcare Charity, Inc. 631 US Highway One, Suite 410 North Palm Beach, FL 33408 Either party hereto may change the address for service of notice required or permitted hereunder upon ten (IO) days’ prior written notice. All notices given hereunder shall be effective and deemed to have been duly given only upon receipt by the party to which notice is being given, said receipt being deemed to have occurred upon such date as the postal authorities shall show the notice to have been delivered, refused, or undeliverable, as evidenced by the return receipt. Section 11.03 Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. Page 7 of 10 Section 11.04 Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under any applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. Section 11.05 Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida. Venue for all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida. Section 11.06 Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. Section 11.07 Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. Section 11.08 Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. Section 11.09 Recording. The Charity shall not record this Agreement, or any memorandum or short form thereof, without written consent and joinder of the City. Section 11 .IO Waiver of Jury Trial. The parties hereto waive trial by jury in connection with proceedings or counterclaims brought by either party hereto against the other in connection with this Agreement. Page 8 of 10 .- Section I I .I I Waiver, Accord, and Satisfaction. The waiver by the City of any default of any term, condition, or covenant herein contained must be executed in writing and shall only constitute a waiver of such term, condition, or covenant as set forth therein and shall not constitute a waiver of any subsequent default of the same or any other term, condition, or covenant herein contained unless specifically stated in the written waiver. The consent or approval by the City to any act by the Charity which required the City’s consent or approval shall not be deemed to waive or render unnecessary the City’s future consent or approval of any subsequently similar act by the Charity. Section 11 .I 2 Non-exclusivity of Remedies. No remedy herein conferred on any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 11 .I 3 Attorneys’ Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Lease Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non-prevailing party pay to the prevailing party reasonable attorneys’ fees and costs, including appellate fees and costs. (The remainder of this page intentionally left blank) Page 9 of 10 IN WITNESS WHEREOF, the patties hereto have set their respective hands and seals on the day and year first above written. CITY OF PALM BEACH GARDENS, FLORIDA BY: David Levy, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM LEGAL SUFFICIENCY: BY: / THE CHILDREN’S HEALTHCARE CHARITY, INC., a Florida not-for-Drofit comoration ....- BY: Director of Operations (SEAL) ATTEST: G:\attorney-share\AGREEMENTS\Honda Agreement 201 1 docx Page 10 of 10 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Corer Memorandum Meeting Date: February 3,2011 Resolution 6, 2011 SubjectlAgenda Item: Appoint Susan Bucher, Supervisor of Elections as an additional member to the City's Canvassing Board and to oversee and canvass the absentee ballots for the March 8, 2011, General Eledi and the Nlarch 22, 2011, Run4 Election, if amlicable. D(1 Recomrnenda r 1 Recornmenda Ctty Attorney w R. ax man,Esq. Submitted by: Patricia Snider, Ci I Department Direct& Approved by: &+ ion to APPROVE ion to DENY Advertised: Date: Paper: [ x ] Not Required Affectedparties 1 ]Notified [ ] Not required / costs:$ 0 crooar) $- Current N Funding Source: Council Action: [ lApprovedw/ Conditions [ ]Denied [ ] Continued to: Attachments: Resolution 6,201 1 Meeting Date: February 3,2011 Resolution 6, 2011 BACKGROUND: In accordance with Section 26-2 of the City of Palm Beach Gardens Code of Ordinances, the City Clerk may delegate any or all of the responsibilities for administering the election to the Supervisor of Elections, subject to approval of the City Council. STAFF RECOMMENDATION: Staff recommends approval of Resolution 6, 201 1 as presented. 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 a 28 RESOLUTION 6,2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, AS AN ADDITIONAL MEMBER OF THE CITY OF PALM BEACH GARDENS CANVASSING BOARD; REQUESTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, TO CANVASS ALL ABSENTEE BALLOTS, TO CANVASS THE MUNICIPAL ELECTION, AND TO CONDUCT THE LOGIC AND ACCURACY TESTING FOR ALL ELECTION MACHINERY; AUTHORIZING THE CITY CLERK TO APPOINT ELECTION OFFICIALS FOR THE PURPOSE OF CONDUCTING THE GENERAL PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ELECTION AND RUN-OFF ELECTION, IF APPLICABLE; WHEREAS, pursuant to Section 26-2 of the City Code of Ordinances, the City Clerk is charged with overseeing City elections; and WHEREAS, subject to City Council approval, Section 26-2 of the City Code authorizes the City Clerk to delegate any or all of the responsibility for administering the election to the Supervisor of Elections; and WHEREAS, the City Council has determined the delegation of such functions to the Supervisor of Elections to be in the best interest of the citizens and residents of the City of Palm Beach Gardens, Florida; and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby appoints the Supervisor of Elections, or designee, as an additional member of the City Canvassing Board to represent the City at the logic and accuracy testing for all election machinery; requests and designates the Supervisor of Elections, or designee, to canvass all absentee ballots on behalf of the City; to publish the required legal notices with regard to these two (2) actions; and requests and designates the Supervisor of Elections, or designee, to canvass the municipal election and to certify the results to the City of Palm Beach Gardens with respect to the March 8, 2011, general election and March 22, 2011, run-off election, if applicable. SECTION 3. This Resolution shall become effective immediately upon adoption. Page 1 of 2 Resolution 6, 201 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ,2011. PASSED AND ADOPTED this day of CITY OF PALM BEACH GARDENS, FLORIDA BY: David Levy, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN COUNCILMEMBER TINSLEY -- AYE NAY ABSENT G:\attorney-share\RESOLUTlONSPOl l\Resolution 6 201 1 appointing SOE.docx Page 2 of 2 "1 -... ng eveni ,n inc nnn CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor & City Councilmembers I DATE: January 14,2011 FROM: Richard J. Marrero, Senior Planner THROUGH: Natalie M. Wong, AICP, Director of Planning & Zonin SUBJECT: Petition No. PUDA-10-04-0000251Resolution 55,2010- Southampton PUD Amendment Ronald M. Ferris, City Manager R. Max Lohman, Esq., City Attorney Patricia Snider, CMC, City Clerk cc: The following agenda cover memorandum is being provided to you, which reflects the applicant’s request to postpone the Southampton PUD Amendment Public Hearing on February 3,201 1 (please see attached lefferj. In accordance with the City’s Land Development Regulations (LDRs) and City Charter, public notice, including mail notice, posting of the property, and newspaper advertising were provided for the February 3, 2011 City Council meeting. Therefore, staff recommends that the Public Hearing be opened, and any affected persons that may appear be given the opportunity to speak for or against the petition. Subsequently, staff recommends that the petition be postponed for a period of time, not to exceed six (6) months, in order to give the applicant time to return with finalized site and landscape plans. The applicant has been notified that any future Public Hearings will also be required to follow the public notice requirements contained within the City’s LDRs. If you have any questions please contact me at 561-799-4243. Thank you. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 3,2011 Ordinance 28, 2010 SubjectIAgenda Item: Second Reading and Adoption - Amending Fiscal Year 2010/11 Budaeted Fund Balance Carrvovers to Actual Amounts. [XI Recommendation to APPROVE r 1 Recommendation to DENY Reviewed by: n, Esq. Finance AcjRynistrator L Allan Owens Submitted by: Allan Owens Approved by: City Mwer ,/ Originating Dept.: Finance A & Allan Owens Finance Administrator Advertised: Date: January 19,201 1 Paper: Palm Beach Post [ ] Not Required Affected parties [ ] Notified [ ] Not required costs: $ 0 (Total) $ 0 Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ] Approved wl conditions [ ] Denied [ ] Continued to: Attachments: 0 Ordinance 28,2010 - Exhibit “1” Meeting Date: February 3, 201 1 Ordinance 28, 2010 Page 2 of 2 BACKGROUND: Section 166.241, Florida Statutes, requires that amounts available from taxation and other sources, including amounts carried over from prior fiscal years, must equal total appropriations for expenditures and reserves. In order to ensure budgeted expenditures and reserves do not exceed original estimates of carryover balances and revenues, it is customary to adjust these balances to actual year-end amounts. This Ordinance amends the FY 201 0/2011 budget by adjusting Fund Balance Carryovers to actual amounts, as detailed in Exhibit “I”, which is attached to Ordinance 28, 2010. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 28, 2010 as presented on second and final reading. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 28,2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted a Budget for the 201 0/2011 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 201 0/2011 Budget; and WHEREAS, the City Council deems approval of this Ordinance to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION I. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby amends the revenues and expenditures listed in the attached Exhibit “I” and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2010, through September 30, 201 1, inclusive. SECTION 3. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 4. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 5. This Ordinance shall become effective immediately upon adoption. Page 1 of 2 Ordinance 28, 2010 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 47 PASSED this /iE day of , 2010, upon first reading. PASSED AND ADOPTED this day of ,201 1 , upon second and final reading. CITY OF PALM BEACH GARDENS FOR BY: David Levy, Mayor - Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember Marcie Tinsley, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney G:\attorney-share\ORDlNANCESEOl O\Ordinance 28,201 0 - budget amendment.docx Page 2 of 2 AGAINST ABSENT City of Palm Beach Gardens Budget Amendment - Ordinance 28,2010 FYE 09/30/11 Exhibit "1" Expenditures (Uses) Undesignated Reserves 001.0900.519.9920 Designated Reserves 001.0900.519.9921 Designated for Economic Development 001.0900.519.9922 Reserve for Series 2003 Debt Service 001.0900.519.9923 Reserve for Loan Receivable 001.0900.519.9924 Revenues (Sources) Fund Balance Carryover 001.oooO.389.oooO 1,898,033 308,990 982,247 2,395,707 321,642 5,906,619 Expenditures (Uses) Reserves 103.3000.539.9920 Increase (Decrease) 192,636 Revenues (Sources) Fund Balance Carryover 103.oooO.389.oooO 192,636 Expenditures (Uses) Reserves 104.0900.519.9920 Inaease (Decrease) 197,544 Revenues (Sources) Fund Balance Carryover 104.oooO.389.oooO 197,544 Increase (Decreas Expenditures (Uses) 002.1000.521.9920 Revenues (Sources) Increase (Decrease) Reserves 304.1400.515.9920 657,380 Expenditures (Uses) Revenues (Sources) Fund Balance Carryover 304.0000.389.0000 657,380 G:\finance_administration\Budget Amendments\FY 201 0-201 l\ordinance 28 201 0-exhibit City of Palm Beach Gardens Budget Amendment - Ordinance 28,2010 FYE 09/30/11 Exhibit "1" Increase (Decrease) Reserves 305.0900.541.9920 962% Expenditures (Uses) Expenditures (Uses) Reserves 302.1000.521 920 Increase (Decrease) 7,016 Revenues (Sources) Fund Balance Carryover 302.oooO.389.oooO 7,Ol6 Increase (Decrease) Reserves 303.1200.522.9920 99,733 Expenditures (Uses) Revenues (Sources) Fund Balance Carryover 303.oooO.389.oooO 99,733 Expenditures (Uses) 301.2000.572.9920 Increase (Decrease) Expenditures (Uses) Reserves 308.0900.519.9920 (177,906) Revenues (Sources) Fund Balance Carryover 308.oooO.389.oooO (177,906) G:\finance-administration\Budget Amendments\FY 201 0-201 1 \ordinance 28 201 0-exhibit 2 City of Palm Beach Gardens Budget Amendment - Ordinance 28,2010 €YE 09/30/1 Exhibit '1' Increase (Decrease) I I Expenditures (Uses) Reserves 309.0900.519.9920 Revenues (Sources) Fund Balance Carryover 3 09. oooO.3 8 9. oooO (33) Increase (Decrease) Reserved Net Assets 501.3020.539.9921 1,218,235 Expenditures (Uses) Revenues (Sources) Fund Balance Carryover 501.oooO.389.oooO 1,218,235 Increase (Decrease) Expenditures (Uses) Reserves 106.2500.572.9920 (69,018) Revenues (Sources) Fund Balance Carryover 106.oooO.389.oooO (69,018) - Increase (Decrease) Expenditures (Uses) Reserves 505.950.519.9920 (21,270) Revenues (Sources) Fund Balance Carryover 505.oooO.389.oooO (21,270) Reserves Expenditures (Uses) 101.1080.521 920 (1631) Revenues (Sources) Fund Balance Carryover 101.389.oooO (16,381) G:\finance-administration\Budget Amendments\FY 201 0-201 l\ordinance 28 201 0-exhibit 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 3, 201 I Ordinance 29, 2010 SubjectlAgenda Item: Second Reading and Adoption - Amending the Fiscal Year 201 0/2011 Budget. [XI Recommendation to APPROVE 11 Recommendation to DENY Reviewed by: Finance Ad &rator Allan Owens Submitted by: Allan Owens Approved by: * Ronald . Fe is Originating Dept.: Finance I All- S Finance Administrator Advertised: Date: January 19,201 1 Paper: Palm Beach Post [ ] Not Required Affected parties [ ] Notified [ ] Not required / costs: .$ 0 (Total) $ 0 Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ] Approved wl conditions [ ] Denied [ ] Continued to: Attachments: 0 Ordinance 29,2010 - Exhibit “1” Meeting Date: February 3, 201 1 Ordinance 29, 2010 Page 2 of 2 BACKGROUND: 0 Under Generally Accepted Accounting Principals, as one (1) fiscal year comes to a close and a new fiscal year begins, the City is required to carry forward the funds appropriated for prior year obligations that will be paid in the new fiscal year. This Ordinance amends the FY 201 0/2011 budget for amounts reserved and designated from the FY 2009/2010 budget for outstanding purchase orders and commitments as they relate to open projects that cross fiscal years. Some of the more significant projects, by fund, that are being re-appropriated include the following: General Fund Municipal Complex Enhancements $480,653 Stormwater Phase V 191,796 Gas Tax Fund Bridge Refurbishment 858,000 Recreation Impact Fund PGA Park 732,764 Lilac Park Phase IV 400,000 Lilac Park Phase Ill 21 3,376 Aquatic Complex Expansion 130,427 Police Impact Fund Emergency Operations Center (EOC) 476,396 Art Impact Fund Founders Garden Pavilion 45,000 Road Impact Fund Traffic Signals 761,862 Ra i I road Crossing Improvements 996,308 STAFF RECOMMENDATION: Staff recommends approval of Ordinance 29, 2010 as presented on second and final reading. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 29,2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted a Budget for the 201 01201 1 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 2010/2011 Budget; and WHEREAS, the City Council deems approval of this Ordinance to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby amends the revenues and expenditures listed in the attached Exhibit “I” and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2010, through September 30, 201 1 , inclusive. SECTION 3. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 4. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 5. This Ordinance shall become effective immediately upon adoption. Page 1 of 2 Ordinance 29,2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this /6= day of DKC&vbl(a PASSED AND ADOPTED this day of , 2010, upon first reading. , 201 1 , upon second and final reading. CITY OF PALM BEACH GARDENS BY: David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember FOR AGAINST ABSENT Marcie Tinsley, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney G:\attorney-share\ORDINANCESPOl O\Ordinance 29,201 0 - budget arnendrnent.docx Page 2 of 2 City of Palm Beach Gardens Budget Amendment-Ordinance 29,2010 FYE 09/30/2011 Exhibit "1" GL Account Expendture/Proiect Name Reserved for Designated for Increase/(Decrease) Purchase Orders Projects to Budget GENERAL FUND 301.0220.512.6420 301.0220.512.6450 301.0900.513.3150 301.1000.521.8120 301.1030.521.5294 301.1040.521.5294 301.1400.515.3150 301.2033.572.6400 301.2000.572.6900 301.2080.519.5200 301.3000.539.3150 301.3000.539.3155 301.3030.539.4600 301.3030.539.6900 301.3040.541.6400 301.3040.541.6900 301.3050.541.6900 301.3040.541.6900 Capital Capital Professional Services Aid to Gov Agencies - Radio Consortium Uniforms and Leather Goods Uniforms and Leather Goods Professional Services Capital CIP-Municipal Complex Civic Enhancement Operating Supplies Professional Services Professional Services - Remediation Repairs and Maintenance ClPGolf Course Sewer Connection Capital CIP-Stormwater System Improvements Ph V CIP-Municipal Complex Parking Lot Expansion CIP-Allamanda Water Control Structure 1,481.00 3,173.14 1,750.00 837.22 418.61 66,911.04 7,073.60 5,762.00 330.00 1,935.00 6,864.00 5,926.80 15,362.17 79,013.33 480,652.82 11,252.00 69,955.00 191,795.79 19,827.52 21,807.60 1,481.00 3,173.14 1,750.00 79,013.33 837.22 418.61 66,911.04 7,073.60 480,652.82 5,762.00 330.00 13,187.00 6,864.00 69,955.00 5,926.80 191,795.79 35,189.69 21,807.60 GL Account D01.389.0000 Total Increase in Expenditures 117,824.58 874,304.06 992,128.64 Revenues Fund Balance 117,824.58 874,304.06 992,128.64 5 874,304.06 992,128.64 Total Increase in Revenues 117,824.51 LOCAL OPTION GAS TAX FUND 858,000.00 858,000.00 Total Increase in Expenditures 858,000.00 858,000.00 103.3000.539.6900 CIP-Bridge Refurbishment GL Account Revenues 103.389 .OW0 Fund Balance 858,000.00 858,000.00 Total Increase in Revenues 858,000.00 858,000.00 C:\Documents and Settings\psnider\Local Settings\Temporary Internet FiIes\Content.Outlook\FWK9AXUT\Ordinance 29 2010-exhibit Page 1 GL Account City of Palm Beach Gardens Budget Amendment-Ordinance 29,2010 FYE 09/30/2011 Exhibit "1" Exmnditure/Proiect Name Resenred for Purchase Orders Designated for Increase/(Decrease) Projects to Budget RECREATION IMPACT FUND 9,483.87 732,764.38 742,248.25 301.2000.572.6900 CIP-PGA Park Improvements 301.2000.572.6900 CI P-Aquatic Complex Deck Expansion/Restroom 130,427.23 130,427.23 301.2000.572.6900 CIP-Lilac Park Phase IV 400,000.00 400,000.00 301.2000.572.6900 CIP-Lilac Park Phase 111 114,165.00 213,376.14 327,541.14 Total Increase in Expenditures 123,648.87 1,476,567.75 1,600,216.62 I GL Account Revenues 301.389.oooO Fund Balance I 123,648.87 1,476,567.75 1,600,216.62 3,648.87 1.476.567.75 1.600.216.62 - Total Increase in Revenues 12 POLICE IMPACT FUND 302.1000.521.6900 CIP-Police Emergency Operations Center 2,582,808.36 476,396.03 3,059,204.39 Total Increase in Expenditures 2,582,808.36 476,396.03 3,059,204.39 GL Account Revenues 302.389.oooO Fund Balance 2,582,808.36 476,396.03 3,059,204.39 Total Increase in Revenues 2,582,808.36 476,396.03 3,059,204.39 ART IN PUBLIC PLACES FUND 304.1400.515.6900 CIP-Founders Garden Pavillion 45,000.00 45,000.00 15,000.00 45,000.00 Total Increase in Expenditures A GL Account Revenues 304.389.oooO Fund Balance Total Increase in Revenue 45,000.00 45,000.00 15 45,000.00 45,000.00 ROAD IMPACT FUND 305.0900.541.6900 CIP-Kyoto Gardens Drive Extension 28,230.40 28,230.40 305.0900.541.6900 CIP-Railroad Crossing Improvements 996,308.15 996,308.15 305.0900.541.6900 CIP-Traffic Signal - Hiatt Dr. and Northlake Blvd. 109,145.93 109,145.93 305.0900.541.6900 CIP-Traffic Signal -Gardens Pkwy & Kew Gardens 400.000.00 400.000.00 305.0900.541.6900 CIP-Traffic Signal - PBGHS Lilac & Military Trail Total Increase in Expenditures 17,503.46 17,503.46 252,716.52 270,219.98 1,786,401.00 1,803,904.46 I Revenues I GLA-nt 305.389.oooO Fund Balance I 17,503.46 1,786,401.00 1,803,904.46 Total Increase in Revenues 17,503.46 1,786,401.00 1,803,904.46 C:\Documents and Settings\psnider\Local Settings\Temporary Internet Files\Content.Outlook\FWK9AXUl7Ordinance 29 2010-exhibit Page 2 GL Aaount City of Palm Beach Gardens Budget Amendment-Ordinance 29,2010 FYE 09/30/2011 Exhibit "1" for Designated for Increase/(Decrease) Purchase to Budget Projeat Orders FLEET FUND 501.3020.539.6410 Capital 35,703.00 35,703.00 Total Increase in Expenditures 35,703.00 35,703.00 GI. Account Revenues 501.389.0000 Fund Balance 35,703.00 35,703.00 Total Increase in Revenues 35,703.00 35,703.00 1 Grand Total All Funds 2,877,488.27 5,516,668.84 8,394,157.11 C:\Documents and Settings\psnider\LocaI Settings\Temporary Internet Files\Content.Outlook\FWK9AXUT\Ordinance 29 2010-exhibit Page 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 3,2011 Petition No. LDRA-10-08-000034 Ordinance 1,201 1 SubjecVAgenda Item: Ordinance 1,201 1 : Mixed Use Definitions and Parks and Recreation Open Space Second Reading and Adoption: A City-initiated request to and add and modify certain definitions within Section 78-751. Definitions., and to include specific standards for parks and recreation for new multi-family and zero lot line residential developments. Recommendation to APPROVE ] Recommendation to DENY Reviewed bv: Development Compliance 1 Bahareh Wolfs, AlCP Resource Manager City Managqr ,/ e Ronald . F ris Originating Dept.: Planning & Zoning: Project Manager Kathen Wilson, Planner [ ] Quasi -Judicial [XI Legislative [XI Public Hearing Advertised: [XI Required Date: 1/19/11 Paper: The Palm Beach Post Affected parties: [XI Notified mNot Required Finance: I City Council Action: Accountant Sarah Varga NIA Funding Source: [ ]Approved [ ] App. wl Conditions [ ] Denied [ ] Rec. Approval [ ] Rec. App. w/ Conds. [ ] Rec. Denial [ ]Operating [XI Other N/A [ ] Continued to: Attachments: Ordinance 1, 201 1 Budget Acct.#: NA Meeting Date: February 3, 201 1 Ordinance 1, 201 1 Page 2 of 8 BACKGROUND The subject petition is comprised of amendments to the Land Development Regulations. Specifically, certain definitions within Section 78-1 57 are being relocated, added, and/or modified to Section 78-157. MXD - Mixed use development district. Modifications to Section 78-80( 12). Required application material. regarding parks and recreation are also proposed including the creation of a new section within Chapter 78 to detail more specific requirements for parks and recreation components of a development. PARKS AND RECREATION LAND DEVELOPMENT REGULATIONS Sec. 78-80. Required application material. (a) Application materials. Material to be submitted with the application for concurrency certification are listed below. (12) Parks and recreation. Evidence the proposed project will conform to the city's level of service standards for parks and recreation facilities, utilizing the requirements listed below. - ab. Impact on parks and recreation facilities based upon a standard of X7 five (5) acres of parks per 1,000 persons. - b4.Plans for providing one or a combination of neighborhood parks, community parks, construction of recreation facilities, or dedication of land for district or other park purposes, including the following information: 1. Size and location of parcel; 2. Approximate value of parcel; 3. General parcel characteristics including topography, geology, soils, natural and historic resources, vegetative communities and habitats, wildlife, water bodies, submerged lands, aquatic habitats, easements or rights-of-way within or adjacent to the parcel, and deed restrictions or other constraints which could limit use or activities on the parcel; and - 45. For payment in lieu of construction or dedication, value of property determined by an MA1 appraiser. Meeting Date: February 3,201 1 Ordinance 1, 201 1 Page 3 of 8 Staff Response: The minimum area requirement has been removed, because this standard is no longer implemented by the City, and conflicts with the facility requirement of five (5) acres per 1,000 persons. The five (5) acres per 1,000 persons is the newly adopted standard within the City's Comprehensive Plan; therefore, this change provides for internal consistency. The dedication language for recreation areas has been removed since the City is not in a financial position to assume the maintenance responsibility for new recreation areas. Sec. 78-571. Recreation standards. (a) Dedication required. All residential developments shall dedicate park and recreation areas as required in the comprehensive plan and this subdivision. (b) General requirements. Park and recreation sites shall comply with the general requirements listed below. (1) Character. Each site shall be of suitable size, dimension, topography, and general character for the purpose intended. (2) Access. Each site shall have adequate road access, parking, utilities, and drainage available for the purpose intended. (3) Restrictions. Each site shall not be subject to restricted easements. (4) Location on plat. The area to be dedicated shall be specifically located on a plat as "reserved for park or recreation purposes." Sec. 7%-572. Recreation sites. (a) Purpose and intent. The City of Palm Beach Gardens desires to provide its current and future citizens with a broad ranqe of parks. open space. and recreational areas. In the interest of personal health, quality of life, and entertainment, it is important that both passive and active recreation opportunities are provided within residential developments. {b) Amlicability. All sections of this division shall be effective within the incorporated area of the city for all new multi-familv residential developments and zero lot line residential homes after [include effective date of Ordinancel. m) Character. Land reserved for dedication for recreation purposes shall be of a character and location suitable for use as a playground, play field, ball field, or for other public recreation purposes. Land reserved for dedication shall be relatively level and dry. Meeting Date: February 3, 201 1 Ordinance 1, 201 1 Page 4 of 8 (@) Improvements. Land dedicated for park purposes shall be improved by the responsible party to standards established by the city. Required improvements may be established by the comprehensive plan, the requirements of this division, or by condition of development order approval. fcl: 5 .. .. . .. .. . Staff Response: A “Purpose and intent” section and “Applicability” section were added to clearly characterize the City’s overall vision for new recreation areas, and to define the types of development which will be subject to the provisions of this section. Various definitions have been removed from this section, consolidated into two (2) definitions, and relocated more appropriately in Section 78-751. The definitions were consolidated into Neighborhood Park and Community Park, which are more representative of the existing and desired park types within the City, Meeting Date: February 3, 201 1 Ordinance 1, 201 1 Page 5 of 8 le) Development requlations. /I) At least one (1) neighborhood park shall be located within one-quarter (%) mile radius of each residential home within the proposed development. Adiustments to the one- quarter (%) mile standard may be considered during the site plan review process. a. Minimum size. Each neighborhood park shall be no less than one (1) acre in size. b. Urban area parks. Those neighborhood parks DrODOSed within dense mixed-use centers that include a mix of vertical integration shall be allowed to provide a reduced acreage of one-third (113) acre within a one quarter (X) mile radius of each residential home within the proposed development. Evaluation of these areas shall be done at the Site Plan review level and aDDrOVed at the discretion of the Growth Management Administrator. c. Preserve areas and natural park credit. Up to 50 percent of the neiqhborhood park requirement can be satisfied using the provided preserve acreage, so long as internal pedestrian amenities, such as walking trails, are incorporated into the preserve area in accordance with Section 78-250. Preserve area requirements. of the LDRs. d. Lake area credit. Up to 40 percent of the neighborhood Dark requirement can be satisfied using lake areas that have incorporated linear pedestrian trails and other hardscape amenities that engage the views of the lake. e. Clubhouse facilities credit. Clubhouse facilities and other similar tvpe amenities which provide recreational opportunities to the surrounding residents can be counted towards the neighborhood park requirement. The clubhouse facilitv acreage shall be calculated bv the total buildinq footprint, including covered areas with a permanent roof, pool area, and any area around the clubhouse facilities that includes a patio and/or deck area. f. Golf course credit. UR to 35 percent of the neiahborhood park requirements can be satisfied using anv provided golf course acreaae. 12) Maintenance, ownership, and operation of all parks provided within the project shall be the responsibilitv of the Master Propertv Owners Association or other entitv as approved by the Citv Attornev. Prior to the first plat apDroval of the DrODOSed development, the Applicant shall demonstrate this requirement has been met. Staff Response: Detailed provisions were created to ensure recreation areas are provided in proximity to new residential dwelling units. In addition, a system of credits has been included to provide for flexibility and increased pedestrian amenities. Sec. 78=681(b)(5). Open Space. (b) Open space criteria. Meeting Date: February 3, 201 1 Ordinance 1, 201 1 Page 6 of 8 (5) Public parks. The total area contained in public parks may be counted as complying with open space requirements, \ .. 8. Pp 4. !E 7 c: .. tc 8 .. Staff Response: The above provisions have been removed because it is not the City’s intent to assume responsibility of parks provided through the development process that meet the current requirement. Mixed Use DeveloDment District Definitions Sec. 78-157. MXD - Mixed use development district. Staff Response: The definitions are being relocated from Section 78-157. MXD -Mixed use development district. and placed into a more appropriate location in the code in Section 78-751. Definitions., where all the existing development regulations currently are located. Sec. 78-751. Definitions. Meeting Date: February 3, 201 1 Ordinance 1, 201 1 Page 7 of 8 Alley means an access way providing access to service areas, parking, outbuildinqs fgarage) and contains utilitv easements. This tvpe of vehicular access way is urban in nature and does not include any streetscape requirements, including, but not limited to, sidewalks and street trees. Build to line means the location on a lot or propertv where a principal wall or facade is to be constructed. Community Dark means areas, recreational buildinas, sports fields, senior citizen areas, or open spaces desiqned to serve a larger area of the communitv or qroupings of neiqhborhoods. A communitv park includes all the facilities found in a neighborhood park plus more specialized facilities, including pools, softball/baseball fields, tennis courts, plav areas, picnic areas, passive and active recreation areas, and recreation buildings. Government uses means land or improvements utilized for public purposes, including, but not limited to, a city hall, police station, fire station, branch courthouse, public office building, library, maintenance building, anv accessory use, or establishment associated with emplovee-oriented services, etc. Live-work means a use that is designed to accommodate an attached or detached building with residential uses, commercial uses, or a combination of the two within individually occupied live-work units, all of which may OCCUPY any stow of the building. Main street means a pedestrian-oriented retail road. Neiahborhood park means an area desiqned to benefit residents within walkina distance and may include, but not be limited to, plav areas, benches, open space, landscaping, walking trails, and picnic tables. Pedestrian-oriented wound floor uses means those establishments providinq for the retail sale of goods and services to pedestrians, including, but not limited to, restaurants, appliance and electric repair, bars and lounges, bicvcle sales and rental, book sales, florists, fruit and vegetable markets, gift shops, grocew stores, hardware stores, newsstands, office supplv, sportinq goods, tobacco shops, tov stores, video stores, and other similar uses. Primary street means a street which is a regional arterial, providing intercitv movement of people, goods. and vehicles, such as PGA Boulevard, Alternate AIA, Militaw Trail, the Florida Turnpike, and 1-95. Secondary street means a street providing both intercitv and intracitv movement of people, goods, and vehicles, such as Donald Ross Road, Central Boulevard, RCA Boulevard, Burns Road, Fairchild Gardens Road, and Prosperity Farms Road. Tertiary street means a street providing local or neighborhood serving roads. Meeting Date: February 3, 201 1 Ordinance 1, 201 1 Page 8 of 8 Wafer access means propertv which provides and maintains an access ramp into a bodv of water. Such access should be open for use bv the public and/or the community in which it is located. Such a facility can provide access for both motorized and non-motorized watercrafts. Staff Response: The definitions above reflect the relocation of the Mixed Use definitions, as well as the parks and recreation definitions, which have been revised and relocated into the most appropriate section of the LORs. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN The proposed amendments are consistent with the overall Goals, Objectives, and Policies of the City’s Comprehensive Plan. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On October 12, 2010, the Planning, Zoning, and Appeals Board (PUB) unanimously recommended approval of the petition to City Council. CITY COUNCIL FIRST READING On January 6, 201 1 , Ordinance 1 , 201 1 was approved by the City Council on first reading by a vote of 5-0. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 1, 2011 as presented on second and final reading. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 1,201 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY REPEALING SUBSECTION 78-80(a)(I 2) AND READOPTING SAME, AS REVISED; FURTHER AMENDING DEFINITIONS. IN ITS ENTIRETY AND RESERVING SAME FOR FUTURE LEGISLATION; FURTHER AMENDING CHAPTER 78. BY CHAPTER 78. BY REPEALING SUBSECTION 78-1 57( b). REPEALING SECTIONS 78-571. AND 78-572. AND SUBSECTION 78-681(b)(5) AND READOPTING SAME, AS REVISED, IN ORDER FURTHER AMENDING CHAPTER 78. AT SECTION 78-751. TO CLARIFY PARK AND RECREATION REQUIREMENTS; DEFINITIONS. BY REPEALING THE DEFINITIONS OF “ALLEY” AND “GOVERNMENT USES” AND READOPTING SAME, AS REVISED, AND ADOPTING NEW DEFINITIONS OF “BUILD TO LINE”, “COMMUNITY PARK”, “LIVE-WORK”, “MAIN STREET,’, “NEIGHBORHOOD PARK”, “PEDESTRIAN-ORIENTED GROUND FLOOR USES”, “PRIMARY STREET”, “SECONDARY STREET”, “TERTIARY STREET”, AND “WATER ACCESS”; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City of Palm Beach Gardens Comprehensive Plan was amended in 2010 as part of the second round of amendment to the Comprehensive Plan; and WHEREAS, the Recreation portions of the existing Land Development Regulations have been modified and updated in response to the adopted Comprehensive Plan amendments; and WHEREAS, City staff has initiated an amendment (Petition LDRA-10-08-000034) to the City’s Land Development Regulations amending Chapter 78. Land Development. Section 78-80, Section 78-1 57, Section 78-571 , Section 78-572, Section 78-681 (b)(5), and Section 78-751; and WHEREAS, on October 12, 2010, the Planning, Zoning, and Appeals Board conducted a public hearing and recommended approval and adoption of the proposed amendments to the City Council with a vote of 7-0; and Page 1 of 3 VI ” --r-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 1, 201 1 WHEREAS, the City Council deems approval of this Ordinance to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. Chapter 78. Land Development Regulations. of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 78-80. Required application material., Section 78-571. Recreation standards., Section 78-572. Recreation sites., Section 78-681. Open spaces., Section 78-1 57. MXD - Mixed use development district., and Section 78-751. Definitions., in accordance with Exhibit “A”, attached hereto and incorporated herein. SECTION 2. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 3. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 4. Specific authority is hereby given to codify this Ordinance. SECTION 5. This Ordinance shall become effective immediately upon adoption. (The remainder of this page intentionally left blank) Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 rl '.' , Ordinance 1, 201 1 PASSED this 6.e day of &fW uf)lcv , 201 1 , upon first reading. PASSED AND ADOPTED this day of , 2011, upon second and final reading. CITY OF PALM BEACH GARDENS BY: David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember Marcie Tinsley, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney FOR AGAINST ABSENT G:\attorney-share\ORDlNANCESPOl 1 \Ordinance 1 201 1 - parks and rec code arnendrnent.docx Page 3 of 3 Ordinance 1, 2011 A-1 EXHIBIT “A” Sec. 78-80. Required application material. (a) Application materials. Materials to be submitted with the application for concurrency certification are listed below. (1)-(11) (These subsections shall remain in full force and effect as previously enacted.) (12) Parks and recreation. Evidence the proposed project will conform to the city's level of service standards for parks and recreation facilities, utilizing the requirements listed below. a. Impact on park and recreation facilities based upon a potential population of 2.4 persons per dwelling. ba. Impact on park and recreation facilities based upon a standard of 3.7 five (5) acres of parks per 1,000 persons. c. Impact on park and recreation facilities based upon a requirement of dedication of 600 square feet of park area per dwelling. db. Plans for providing one or a combination of neighborhood parks, community parks, construction of recreation facilities, or dedication of land for district or other park purposes, including the following information: 1. Size and location of parcel; 2. Approximate value of parcel; 3. General parcel characteristics including topography, geology, soils, natural and historic resources, vegetative communities and habitats, wildlife, water bodies, submerged lands, aquatic habitats, easements or rights-of-way within or adjacent to the parcel, and deed restrictions or other constraints which could limit use or activities on the parcel; and 4. Consistency with parks master plan; and 54. For payment in lieu of construction or dedication, value of property determined by an MAI appraiser. Sec. 78-157. MXD – Mixed use development district. (a) (This subsection shall remain in full force and effect as previously enacted.) Ordinance 1, 2011 A-2 (b) Definitions. For the purposes of the section, the following definitions shall apply: (1) "Build to line" means that location on a lot or property where a principal wall or facade is to be constructed; (2) "Main street" means a pedestrian-oriented retail road; (3) "Pedestrian-oriented ground floor uses" are those establishments providing for the retail sale of goods and services to pedestrians, including but not limited to restaurants, appliance and electric repair, bars and lounges, bicycle sales and rental, book sales, florists, fruit and vegetable markets, gift shops, grocery stores, hardware stores, newsstands, office supply, sporting goods, tobacco shops, toy stores, video stores, and other similar uses. (4) "Primary street" means a street which is a regional arterial, providing intercity movement of people, goods, and vehicles, such as PGA Boulevard, Alternate A1A, Military Trail, the Florida Turnpike, and I-95; (5) "Secondary street" means a street providing both intercity and intracity movement of people, goods, and vehicles, such as Donald Ross Road, Central Boulevard, RCA Boulevard, Burns Road, Fairchild Gardens Road, and Prosperity Farms Road; and (6) "Tertiary street" means a street providing local or neighborhood serving roads. [Reserved.] (c)-(l) (These subsections shall remain in full force and effect as previously enacted.) Sec. 78-571. Recreation standards. (a) Dedication required. All residential developments shall dedicate park and recreation areas as required in the comprehensive plan and this subdivision. (b) General requirements. Park and recreation sites shall comply with the general requirements listed below. (1) Character. Each site shall be of suitable size, dimension, topography, and general character for the purpose intended. (2) Access. Each site shall have adequate road access, parking, utilities, and drainage available for the purpose intended. (3) Restrictions. Each site shall not be subject to restricted easements. (4) Location on plat. The area to be dedicated shall be specifically located on a plat as "reserved for park or recreation purposes." Ordinance 1, 2011 A-3 (5) Minimum area. There shall be a minimum of 600 square feet of land area per dwelling unit dedicated for public parks and recreation in a proposed subdivision. (6) Dedication. The responsible party shall dedicate the required recreation area to the city for public use. Sec. 78-572. Recreation sites. (a) Purpose and intent. The City of Palm Beach Gardens desires to provide its current and future citizens with a broad range of parks, open space, and recreational areas. In the interest of personal health, quality of life, and entertainment, it is important that both passive and active recreation opportunities are provided within residential developments. (b) Applicability. All sections of this division shall be effective within the incorporated area of the city for all new multi-family residential developments and zero lot line residential homes after [include effective date of Ordinance]. (a)(c) Character. Land reserved for dedication for recreation purposes shall be of a character and location suitable for use as a playground, play field, ball field, or for other public recreation purposes. Land reserved for dedication shall be relatively level and dry. (b)(d) Improvements. Land dedicated for park purposes shall be improved by the responsible party to standards established by the city. Required improvements may be established by the comprehensive plan, the requirements of this division, or by condition of development order approval. (c) Minimum requirements. A recreation site shall have a total frontage on one or more streets of at least 300 feet, and all other dimensions of the site shall be not less than 300 feet in depth. Credit for any proposed recreation site shall only be given where the facilities proposed on the site are consistent with the city's comprehensive plan. The site shall comply with one or more of the park classifications listed and defined below. (1) Neighborhood park. A neighborhood park is a "walk to" park generally located along streets where people can walk or bicycle without encountering heavy traffic. A park of this nature serves the population of a neighborhood in a radius of up to one-half mile. The minimum desirable size is 15 acres. The park area should be suitable for intense recreational activities such as field games, court games, playground apparatus, and picnic areas. If possible, a neighborhood park shall be located immediately adjacent to a public school site. (2) Community park. A community park is a "ride to" park designed to serve the needs of four to six neighborhoods. A park of this nature serves the population within a radius of three miles. Non-vehicular access to community parks is an important Ordinance 1, 2011 A-4 feature. The minimum desirable size is 25 acres. The park area should be suitable for intense recreational activities such as athletic complexes, large swimming pools, field and court games, picnic areas, and multipurpose recreational buildings. (3) Urban district park. While maintaining a level of neighborhood and community parks, the city also wishes to include one or more district parks into the recreational system. An urban district park serves the recreational needs of the entire city and is usually resource based. The park area may contain natural or aesthetic quality for outdoor recreation, such as picnicking, boating, fishing, swimming, camping and trail uses, as well as active play areas. A secondary objective may be the conservation and management of the natural and cultural environment, providing opportunities for observation of wildlife, and studying nature and wildlife habitat. The minimum desirable size for an urban district park is 200 acres. (4) Specialized facilities. Specialized facilities, such as swimming pools, golf courses, zoos, nature centers, and outdoor theaters may be appropriate in combination with a community or urban district park or as a single-purpose recreational activity. Size and location varies with the use. (e) Development regulations. (1) At least one (1) neighborhood park shall be located within one-quarter (¼) mile radius of each residential home within the proposed development. Adjustments to the one-quarter (¼) mile standard may be considered during the site plan review process. a. Minimum size. Each neighborhood park shall be no less than one (1) acre in size. b. Urban area parks. Those neighborhood parks proposed within dense mixed- use centers that include a mix of vertical integration shall be allowed to provide a reduced acreage of one-third (1/3) acre within a one quarter (¼) mile radius of each residential home within the proposed development. Evaluation of these areas shall be done at the Site Plan review level and approved at the discretion of the Growth Management Administrator. c. Preserve areas and natural park credit. Up to 50 percent of the neighborhood park requirement can be satisfied using the provided preserve acreage, so long as internal pedestrian amenities, such as walking trails, are incorporated into the preserve area in accordance with Section 78-250. Preserve area requirements. of the LDRs. d. Lake area credit. Up to 40 percent of the neighborhood park requirement can be satisfied using lake areas that have incorporated linear pedestrian trails and other hardscape amenities that engage the views of the lake. Ordinance 1, 2011 A-5 e. Clubhouse facilities credit. Clubhouse facilities and other similar type amenities which provide recreational opportunities to the surrounding residents can be counted towards the neighborhood park requirement. The clubhouse facility acreage shall be calculated by the total building footprint, including covered areas with a permanent roof, pool area, and any area around the clubhouse facilities that includes a patio and/or deck area. f. Golf course credit. Up to 35 percent of the neighborhood park requirements can be satisfied using any provided golf course acreage. (2) Maintenance, ownership, and operation of all parks provided within the project shall be the responsibility of the Master Property Owners Association or other entity as approved by the City Attorney. Prior to the first plat approval of the proposed development, the Applicant shall demonstrate this requirement has been met. Sec. 78-681(b)(5). Open Space. (a) (This subsection shall remain in full force and effect as previously enacted.) (b) Open space criteria. (1)-(4) (These subsections shall remain in full force and effect as previously enacted.) (5) Public parks. The total area contained in public parks may be counted as complying with open space requirements. , subject to the following standards: a. The park may or may not be linked with the development's open space system; b. Consists of at least one acre; c. Possesses minimum dimensions of 100 feet on the front and side yards; and d. Is equipped with one or more amenities, including but not limited to benches, playground apparatus, and barbecue pits. (6) (This subsection shall remain in full force and effect as previously enacted.) All definitions are to be placed in the list of definitions set forth at Section 78-751. Definitions. in alphabetical order. However, those definitions annotated by an asterisk (*) are to be placed in alphabetical order under the existing subheading “Streets and roads.” Ordinance 1, 2011 A-6 Sec. 78-751. Definitions. Alley means a public right-of-way which affords only a secondary means of access to abutting property, and is not intended for primary vehicular circulation and access means an access way providing access to service areas, parking, outbuildings (garage) and contains utility easements. This type of vehicular access is more urban in nature and does not include any streetscape requirements, including, but not limited to, sidewalks and street trees. Build to line means the location on a lot or property where a principal wall or facade is to be constructed. Community park means areas, recreational buildings, sports fields, senior citizen areas, or open spaces designed to serve a larger area of the community or groupings of neighborhoods. A community park includes all the facilities found in a neighborhood park plus more specialized facilities, including pools, softball/baseball fields, tennis courts, play areas, picnic areas, passive and active recreation areas, and recreation buildings. Government uses means land or improvements utilized for public purposes, including, but not limited to, a city hall, police station, fire station, branch courthouse, public office building, library, maintenance building, any accessory use, or establishment associated with employee-oriented services, etc. Live-work means a use that is designed to accommodate an attached or detached building with residential uses, commercial uses, or a combination of the two within individually occupied live‐work units, all of which may occupy any story of the building. *Main street means a pedestrian-oriented retail road. Neighborhood park means an area designed to benefit residents within walking distance and may include, but not be limited to, play areas, benches, open space, landscaping, walking trails, and picnic tables. Pedestrian-oriented ground floor uses means those establishments providing for the retail sale of goods and services to pedestrians, including, but not limited to, restaurants, appliance and electric repair, bars and lounges, bicycle sales and rental, book sales, florists, fruit and vegetable markets, gift shops, grocery stores, hardware stores, newsstands, office supply, sporting goods, tobacco shops, toy stores, video stores, and other similar uses. *Primary street means a street which is a regional arterial, providing intercity movement of people, goods, and vehicles, such as PGA Boulevard, Alternate A1A, Military Trail, the Florida Turnpike, and I-95. Ordinance 1, 2011 A-7 *Secondary street means a street providing both intercity and intracity movement of people, goods, and vehicles, such as Donald Ross Road, Central Boulevard, RCA Boulevard, Burns Road, Fairchild Gardens Road, and Prosperity Farms Road. *Tertiary street means a street providing local or neighborhood serving roads. Water access means property which provides and maintains an access ramp into a body of water. Such access should be open for use by the public and/or the community in which it is located. Such a facility can provide access for both motorized and non- motorized watercrafts. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 3,201 1 Petition No. CPTA-10-11-000019 Ordinance 2, 2011 SubjectlAgenda Item: Ordinance 2,201 1 : Text Amendment to the Capital Improvements Element (CIE) Public Hearing and First Reading: A City-initiated request for the adoption of amendments to the Capital Improvements Element (CIE) of the City of Palm Beach Gardens Comprehensive Plan to update the CIE to be consistent with the current City budget in accordance with Chapter 163.31 77, Florida Statutes. [XI Recommendation to APPROVE [ ] Recommendation to DENY I Resource Manager Originating Dept.: Planning & Zoning: Project Manager Senior Planner [ ] Quasi -Judicial [XI Legislative [XI Public Hearing Advertised: [XI Required Date: 01.26.201 1 Paper: Palm Beach Post Affected parties: [ ] Notified [X ] Not Required Finance: Deputy Finance Administrator @?e Mary nderson Funding Source: [ ] Operating [XI Other NA Budget Acct.#: NA Council Action: [ ]Approved [ ] App. wl Conditions [ ] Denied [ ] Continued to: Attachments: Ordinance 1, 2010 Five-Year Projection CIESupport Document Resolution 33, 2010 Resolution 1, 2010 Resolution 102, 2009 Resolution 80, 2009 Resolution 94, 2005 Ordinance 4, 2001 School Concurrency Service Area Report Ordinance 2, 201 1 Meeting Date: February 3, 201 1 Petition No. CPTA-10-11-000019 Ordinance 2, 201 1 Page 2 of 8 EXECUTIVE SUMMARY The proposed petition is a City-initiated request to update the Capital Improvements Element (CIE) to the City’s Comprehensive Plan. The Five-Year Schedule of Capital Improvements and Summary of Capital Improvements Program, Tables 9A and 9B of the CIE are required to be updated annually in accordance with Florida Statutes. The update is primarily housekeeping in nature and will provide for consistency with the City’s budget and Comprehensive Plan. The update is primarily housekeeping in nature and will provide for consistency with the City’s budget and Comprehensive plan. BACKGROUND The City is required by Chapter 163, Florida Statutes, to maintain an updated Capital Improvements Element. Furthermore, staff must include the Five-Year Schedule of Capital Improvements which is needed to implement the Comprehensive Plan and ensure that adopted Level of Service (LOS) standards are achieved or maintained. Staff is also required to analyze the general components of the schedule, which include fiscal responsibility and identification of proportionate fair share projects for transportation. SUMMARY OF PROPOSED CAPITAL IMPROVEMENTS ELEMENT AMENDMENTS Table 9A: This Table has been updated to be consistent with the current Capital Improvements Plan and is attached to Ordinance 2, 201 1 as Exhibit “A”. Table 96: This Table has been updated to support Objective 9.1.4 concerning Palm Beach County School District Level of Service (LOS) and proposed school construction schedules and is attached to Ordinance 2, 201 1 as Exhibit “B”. STAFF ANALYSIS Staff analyzed the following additional requirements of the annual CIE update and the consistency with the City’s, County’s, and State’s Comprehensive Plans and the Strategic Regional Policy Plan. Meeting Date: February 3, 201 1 Petition No. CPTA-10-11-000019 Ordinance 2, 201 1 Page 3 of 8 Fiscal Responsibility The City is required to provide the revenue sources that will be used to fund each project and supporting data must demonstrate that sufficient revenues are currently available or will be available from committed funding sources for projects included in the first three (3) years of the schedule. Staff has indicated the required data for funding sources as part of the schedule (Table 9A). The attached Five-Year Projection illustrates that the City maintains excess revenues for every year within the planning period. Those projects funded by expected funding sources (such as ad valorem taxes) are identified as being funded by general funds or impact fees and have been demonstrated to be financially feasible. Proportionate Fair Share The City is expected to identify any project that utilizes a proportionate-share process with regard to transportation concurrency. The Scripps Florida Phase II/ Briger Development of Regional Impact (DRI) Proportionate Share Agreement was approved April 1, 2010, through the adoption of Resolution 102, 2009 (please see attached). At this time, the City has not identified any improvements included within the Proportionate Share Agreement that are proposed within the first three (3) years of the five (5) year Capital Improvement planning period. However, Table I below identifies the improvements slated to occur during each phase of development. Please be advised that in accordance with Chapter 163.3180, Florida Statutes, a Proportionate Share Agreement has been adopted by the City Council along with the Scripps Florida Phase 111 Briger Tract Development of Regional Impact (DRI). Table 1 below identifies the concurrency improvements that are slated to occur as each phase of development commences. (The remainder of this page intentionally left blank) @ 1 FDOT lndiantown Rdn-95 Interchange (SigMiiZdCXtend EB lea hlm lane) 2 3 - P 1,000,000~ 4 Intersection hnprovcmnta' Proportionate Share Payment due at COUNTY $3.144,8936 bier $350,779' $4,1a2,614' $7,476,413' 55,697,338' tart of Ph&e Note2 1 $7,144,893 1,993 2,546 _. 3,877 - :urn. T Total 1,369 e!L- c_ 2,397 3,176 - 5,361 -_ PM - Later 2,036 2,761 3.279 4,380 Table 1 le :ak Total 2,174 3,089 -- - - 3,778 5,528 Prioritized Allocation of Proportionate Share Payments Mobllity Improvements by Phace Donald Ross Rd from 1-95 to Heinhh Blvd Responsible Estlmrted (widen, add 3' SB left and 3" WB I& at 1-95SB ramp mntcrsection) Turnpike Interchange Improvements (Indiantown Rd or PGA Bl) Trolley/Circulator Systcm I CITY 1 S750,oOO' Hood Rd from Parkside Dr to Central B1 (4 lane widening) Central BMood Rd lntencction lmprovcments (Add excl. right and 2nd lea to N/S Approaches) Cenaal BVPGA Blvd Intersection Improvements (Add 2* SB left and 2d SB right) Trolley/Circulator System I CITY 1 SEll,206' TroUey/Circulator System I CITY I SZ,5W,00O4 Construct Park & Ride Lot (witbin study area) I FDOT I 51,500,000' $17,707,143 $4,498,956 $ZZ,20409!3 Noh% I: Actual proportionate share payment for the Lcsta Propcrty may be adjusted by the csulator clause In paragraph 2.B and may be redud by the munt of road impact fees psid to Palm 2. Palm Beach County will make the Advance Plyment of S6.000,000, which may be djustcd by the ucslator clause in paragraph Z.C. Dcvelopmnt on the County Property wll be 3. The Actual cost of the improvmwnh will be uscd to determine the exact munt disb& IO the County. 4. lhae Estimated Costs will be djurted by the escalator percentage applied to the Laa phue 3 and 4 prop share payments to dnamine the exact munt disbursed to each entity. 5. Phase 4 Intersection Improvement8 may include: a) Donald Ross Rd/Cmtnl Blvd; b) Donald Rors RdiMilitary Trail; c) Donald Rw RdSR 81 I 6.7hc Estimated Cost shall be adjusted to be the total proportionate &hare payment for the Project after escalator adjusrmmu, including my accrued interest in the Proportionate Share Trust Beach County through the due date for the propMtionate share payment pursuant to paragraph 4.B. required to mukc County Propmy Fee piymnu prior to each building pamit issued m the amount of 52.82 per square foot or as djurtea by paragraph 4.c. Account, less the monies mild for dl other improvements in T&Ie 1. Summary of De Minimis Records Report Pursuant to Section 163.3180 (6), Florida Statutes, the City is required to submit a summary of de minimis records to the Department of Community Affairs (DCA) with the annual CIE update. The summary should include the definition and approval process of developments having de minimis impact, existing conditions and deficient road links, de minimis trip activity on all applicable road links, and planned improvements included in the City's CIE that resolve any existing deficiencies. The City's Code allows specific projects to be exempt from traffic concurrency under certain conditions. However, the current City regulations do not permit the exception of concurrency based on de minimis impacts. None of the land development projects within the City over the last year were granted a traffic concurrency approval through an exemption based on a de minimis determination. '. ~ -7 7,- - ' Meeting Date: February 3, 201 1 Petition No. CPTA-10-11-000019 Ordinance 2, 201 1 Page 3 of 8 Meeting Date: February 3, 201 1 Petition No. CPTA-10-11-000019 Ordinance 2, 201 1 Page 5 of 8 Adoption of Projects by Reference Pursuant to Section 163.3177 (3)(a), Florida Statutes, Section 163.3180(13)(d)l , Florida Statues, and Section 163.3177 (6)(c), Florida Statutes, the City is required to adopt specific FDOT/MPO, School District, and Water Management District (WMD) projects by reference if the City is relying on these projects to ensure concurrency. Additionally, staff must also include by reference the adopted Palm Beach County School Board Five- (5) Year Facilities Plan and attach the concurrency service area report of the County’s Five - (5)Year Facilities Plan for schools serving Palm Beach Gardens. Staff will include, by reference, any FDOTIMPO projects specific to meeting City concurrency. At this time, staff is unaware of any FDOTIMPO projects that are specific to meeting traffic concurrency. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN The proposed CIE amendment is consistent with the Goals, Objectives, and Policies contained within the City’s Comprehensive Plan. These changes described below provide for internal consistency between the amended CIE and the City’s Comprehensive Plan. Transportation Element: OBJECTIVE 2.1.1.: TO MAINTAIN ADOPTED LEVEL OF SERVICE (LOS) STANDARDS ON THE CITY’S TRAFFIC CIRCULATION SYSTEM. Staff Comment: Table 9A of the ClE proposed amendment describes several roadway links to be constructed or signalized within the next five (5) years to maintain the City’s LOS as growth occurs. Table 9A identifies the following developer-funded improvements slated to occur within the next five (5) years: 1. Traffic Signal at Hiatt Drive: Developer funded as required by Resolution 94, 2005 (please see attached). 2. Grandiflora Road West of Central Boulevard to Parkside Drive: The proposed improvements will be developer funded as required by Resolution 1, 2010 (please see attached). 3. Parkside Drive from Donald Ross Road to Grandiflora Road: The proposed improvements will be developer funded as required by Resolution 1, 2010 (please see attached). 4. Eastbound right-turn lane at the intersection of ALT AlA/RCA Boulevard: Developer funded as required by Ordinance 4, 2001 (please see attached). 5. Installation of a traffic signal at Victoria Falls Boulevard and Military Trail: Developer funded as required by Resolution 33, 2010 (please see attached). 6. Installation of a traffic signal at Prosperity Farms Road and Flamingo Road: Developer funded as required by Ordinance 4, 2001 (please see attached). Meeting Date: February 3, 201 1 Petition No. CPTA-10-11-000019 Ordinance 2, 201 1 Page 6 of 8 Recreation and Open Space Element: Objective 7.1.1.: PROVIDE OPEN SPACE AREAS, AND ACTIVE AND PASSIVE RECREATION FACILITIES AND AREAS FOR RESIDENTS OF PALM BEACH GARDENS IN A TIMELY’MANNER SO AS TO COMPLY WITH THE LEVEL OF SERVICE (LOS) STANDARDS SET FORTH BY THIS ELEMENT AND TO MAINTAIN SUCH COMPLIANCE IN SUBSEQUENT YEARS. Staff Comment: The proposed amendment fulfills the objective to provide Recreation and Open Space by defining the year of the construction of certain infrastructure. Future Land Use Element: GOAL 1.3.: CONTINUE TO PLAN FOR FUTURE NEEDS TO PROMOTE LIVABLE COMMUNITIES, INCLUDING, BUT NOT LIMITED TO, ECONOMIC DEVELOPMENT FOR BIOSCIENCE USERS, TRANSIT ORIENTED DEVELOPMENT, AND OTHER EFFORTS TO PROMOTE SUSTAINABLE GROWTH. Staff Comment: The proposed amendment fulfills the objective by promoting bioscience development and transit-oriented development planning principles by identifying improvements slated to occur within the five- (5) year planning period. Public Safetv Element: OBJECTIVE 10.1.2.1: THE CITY SHALL PROVIDE THE FOLLOWING RESPONSE TIME THAT HAS BEEN ESTABLISHED BY PALM BEACH GARDENS FIRE RESCUE ACCORDING TO A FRACTILE STANDARD ESTABLISHED DURING ITS ACCREDITATION PROCESS: 1. THE CITY SHALL PROVIDE AN INITIAL EMERGENCY FIRE AND RESCUE RESPONSE TO ALL OF THE URBAN SERVICE AREA IN SIX MINUTES THIRTY SECONDS OR LESS. THIS RESPONSE TIME INCLUDES THE FOLLOWING PROCESSES: 911 CALL, ALARM AT FIRE STATION, DEPLOY, AND TRAVEL TIME. 2. THE RURAL SERVICE AREA SHALL HAVE AN EIGHT (8) MINUTE RESPONSE TIME. OBJECTIVE 10.1.2.2: THE CITY SHALL MAINTAIN AN ACCEPTABLE POLICE SERVICE STANDARD INDEX NOT TO EXCEED 1,000 CALLS PER PATROL OFFICER PER YEAR TO SERVE THE URBAN AREA. A COMMUNITY ORIENTING POLICING PHILOSOPHY SHALL BE UTILIZED IN THE URBAN AREA. THE CITY SHALL SUPPORT A BALANCE BETWEEN RESPONSE TO INCIDENTS AND PROACTIVE PATROLS. Meeting Date: February 3, 201 1 Petition No. CPTA-10-11-000019 Ordinance 2, 201 1 Page 7 of 8 Staff Comment: The proposed amendment fulfills the objective to provide emergency fire rescue and police response by defining the year of the construction of certain infrastructure that facilitates those objectives. CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN The proposed CIE amendment is consistent with certain Goals and Objectives within the Palm Beach County Comprehensive Plan as demonstrated by the following listed examples from that Plan: Transportation Element Goal 1. A Level of Service It is the GOAL of Palm Beach County to provide an interconnected multimodal transportation system which moves people, goods, and services in a safe, efficient, convenient, and economical manner with minimal adverse impact to the environment. Staff Comment: The proposed CIE amendment is consistent with Palm Beach County’s goal. The CIE defines the year of the construction of certain roadway segments which allow the City and County to meet LOS while having the development community pay its pro-rata share. Capital Improvement Element Goal I. Uses of the Capital Improvement Program It is the GOAL of Palm Beach County to utilize a capital improvements program to coordinate the timing and to prioritize the delivery of public facilities and other capital projects; a program that supports the growth management Goal, Objectives, and Policies of the Palm Beach County Comprehensive Plan and encourages efficient utilization of its public facilities and financial resources. Staff Comment: The proposed CIE amendment will allow the City to coordinate with the County on the timing of facility, infrastructure, and service improvements. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN The proposed CIE amendment is consistent with the overall Treasure Coast Regional Planning Council’s Strategic Regional Policy Plan as demonstrated by the following listed goals: Regional Goal 7.3 - Reduce vulnerability to disasters and increased public safety. Staff Comment: The proposed CIE amendment includes the scheduled construction of a City thoroughfare roadway. The proposed CIE also has identified a schedule for certain public safe ty improvemen ts to improve the Police and Fire Departments. Meeting Date: February 3, 201 1 Petition No. CPTA-10-11-000019 Ordinance 2, 201 1 Page 8 of 8 Regional Goal 5.1 - Lives and Property which are less susceptible to disasters. Staff Comment: The proposed CIE amendment includes scheduled debt payments for improvements to the City’s drainage system that will reduce the number of high water and flooding incidents. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, FLORlDA STATUTES) The proposed land-use amendment is consistent with the overall intent of the State Comprehensive Plan. The following State Goals and Policies are specific examples of that consistency: Public Facilities - Florida shall protect the substantial investments in public facilities that already exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient manner. Staff Comment: The CIE amendment is consistent with the State’s public facilities goal because the City has developed and will implement a schedule of public facility and infrastructure needs which includes the anticipated financing sources. Transportation - Florida shall direct future transportation improvements to aid in the management of growth and shall have a State transportation system that integrates highway, air, mass transit, and other transportation modes. Staff Comment: The proposed CIE amendment has scheduled the construction of the extension of Grandiflora Road and Parkside Drive within the Briger Development of Regional Impact (DRI). NEARBY LOCAL GOVERNMENT COMMENTSIOBJECTIONS: On December 15, 2010, the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) was notified of the proposed amendment. No objections have been received to date. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On January 11 , 201 1 , the Planning, Zoning, and Appeals Board (PZAB) recommended approval of Petition No. CPTA-10-11-000019 by a vote of 7-0. STAFF RECOMMENDATION: Staff recommends APPROVAL of Ordinance 2, 201 1 as presented on first reading. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 1,2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTIONS 163.3177 AND INITIATED AMENDMENT WHICH PROVIDES FOR THE ANNUAL SCHEDULE WITHIN THE CAPITAL IMPROVEMENTS ELEMENT, INCLUDING REVISED TEXT NECESSARY TO UPDATE TABULAR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING THAT THE TEXT AND DATA, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT OR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A CITY- UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS WHEREAS, the City Council adopted the City of Palm Beach Gardens Comprehensive Development Plan on January 4,1990; and WHEREAS, the City Council adopted Ordinance 8, 2005 on June 16, 2005, which required an annual update of the Five-Year Schedule of Capital Improvements; and WHEREAS, Policy 9.1 .I .I. of the City’s Comprehensive Development Plan requires all capital facility projects (renewal and replacement) needed to achieve and maintain the adopted level of service and which are over $50,000 in estimated costs to be included in the Five-Year Schedule of Capital Improvements; and WHEREAS, the City Council has determined that it is necessary to repeal Table 9A & Table 9B of the Capital Improvements Element and readopt same, as revised, in order to update the Capital Improvements Element consistent with Policy 9.1 .I. I. and Ordinance 8, 2005; and WHEREAS, on December 8, 2009, the Planning, Zoning, and Appeals Board, sitting as the Local Planning Agency, recommended approval of this amendment to the Capital Improvements Element of the Comprehensive Plan by a vote of 7-0; and 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 WHEREAS, the City of Palm Beach Gardens has held all duly required public hearings and has received public input and participation through public hearings before the Local Planning Agency and the City Council in accordance with Section 163.3184, et seq., Florida Statutes; and WHEREAS, the City Council finds that this amendment is consistent with the City’s Comprehensive Development Plan; and WHEREAS, the City Council desires to adopt the amendment to the current Comprehensive Development Plan to guide and control the future development of the City, and to preserve, promote, and protect the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION I. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Capital Improvements Element of the City’s Comprehensive Plan is hereby amended by repealing Tables 9A and 96 and readopting same as revised; providing that Tables 9A and 9B shall hereinafter read as follows: Table 9A CITY OF PALM BEACH GARDENS CAPITAL IMPROVEMENTS ELEMENT (This replaces the old Table 9A) FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS TRANSPORTATION Fomard 566,OOo lmpad Fees Btidge Refurbishment Program 5299,OOo $399,000 $449,OOo $449,000 W9,ooO GasTax Traffk sknaCPBG Hkh School Lilac St - Cam Total $ 2,098,700 S 1,328,400 $ 7,036,500 S 1,878,890 S 2,147,060 General General . RadidRe&er/Tmsmitter - Weslward Expansbn $450,000 Fund Pdke vehldes 5120,000 550,000 550,000 560,OOO~ 5110,000 Fund I I I I I I I General I Portable Traffic Conbol Uhb 5125,000 Emer~ency Operatkns Center PrOjed-Prkr Year Cany Fornard $3,413,000 OSSl Aub Vehide Locabr (AM) Radio Coverage for Westward Expansion $250,000 Land L lmpraremenb 5m,000 $250,000 5165,000 rw $3,533,000 $215,000 Jsso,ooo $1,01O,ooo $235,000 FIRE RESCUE Tdel $433,000 $715,450 $440,450 $0 $150,000 DWNAQE General Smaler Debt Paymenb $369,200 5368,400 5367,000 5369,800 5366,985 Fund Total $369,200 $368,400 $367,000 $369,800 $366,985 PUBLIC FACIUTIES Total $0 $195,000 SO $455,000 PARKS RECREATION Ordinance 1,2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 r0ta1 $2,628,500 $375,000 $1,34!5,000 $l,lN,W $3,020,000 Onnd Total All Ebmnb S9,062,400 $3,197,250 $9,738,950 $4603,690 $6,374045 Table 9B CITY OF PALM BEACH GARDENS Summary of Capital Improvements Program for Palm Beach County School Board Adopted on September 09,2009 (This replaces the old Table QB) (Table 9B on the following pages) i! 0 C 0 Summary of Estimated Revenues for Fiscal Years Summary of the Capital Improvement Program for Fiscal Years 2010 - 2014 W W FY fY 145.000.000 11.7W.842 69.000.OM 21.302.359 46.000.WO 37.2W.466 3s.m.640 76.000.000 86,754,341 17.187230 2s.u4303 27.in.i 18 21,302,359 37296.466 1,167,230 27.378.116 mm.m J21W210 ar.Zm.1u 41.1PCm n.344.7a7 30,283.769 975.m 12.971.111 49.000.000 29.4w.171) Y350.m 33.85a.um 31.409.19 30,283,181 29.W.378 11.oaS.131 30.m;2w 25.654724 ~.000.Doo 43.192283 81.541.495 11.000.Ooo 2o.ow.o0O 1,914.043 31.992.878 25.664.724 41.192.283 91.641.4SS 70.064 1,000,211 914.043 31.992.878 1.ow.000 22s.m 15o.wo 150.0.000 1so.Ooo 3.181.YI 2r.ne.iu 1.431.SO7 30.818.013 400.000 2,850.452 Summary of the Capital Improvement Program for Fiscal Years 11.768.451 7,027,638 4.Wl.SX4 20.401.322 10.515.571 3.311.548 10.S30.5w 760,OW 10,~.8S8 1.5oo.m 2.101.529 14.OP.S36 18.fioO.Wa 18.wO.OOO 14.047,S42 75Qm 7Y).wo 1.9M,WO 126o.oO0 7.7w.357 8PW217 18.721213 2,310,000 2.660.390 1.HM.ow 8,635,601 877.714 8441.621 1 .5oo.m ~.m.oO0 1.ooo.oO0 i.5m.557 lS.Ml9.367 9.319.112 1.0711.W 2452.13 3,817,988 13223,423 14.521.190 5.500.wO 10.B92.896 2.015.8UI 5.e17,40?4 ws.mi 11.71.451 7,282.83I 4.WlYl 20.401.~ 10,515.171 ~,OOo 10,430.590 10.OBb.M9 2101.529 14.022.535 1.sW.000 1.m,s10 rs.soa 7,uI.u7 8*r5217 18,721213 f145.091 2.27l.oJ1 8,635.601 677.714 8.Ul.8Zl I.UO lMZW1 9.319.111 1,071,340 2452.683 11Z3.423 14.521.1W 2.MO.OOO 10,892.886 7,610 5,917.408 201 0 - 201 4 - _. . . FY FY FY M I a10 2011 112 mir 2l 323.810 3.011.165 7.5oo.m ?Y),Wo 750.000 250.000 250.000 250.WO 3.817.9Cd 1.0w.000 1.000.w0 Pwe J Summary of the Capital Improvement Program for Fiscal Years 201 0 - 201 4 zoo.000 m.000 4,100211 27O.006 4.572.4w 3,584.000 6.949.SO4 lS.OW.164 200.000 3W.OW 176,000 3w.000 zw.000 25o.m 100.000 770,000 1.OM.265 11 6.ow lJS1.@24 5w.000 3.626.307 6.046.184 200.000 wH).000 575.000 300.000 200.000 250.000 Summary of the Capital Improvement Program for Fiscal Years 2010 - 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 1,201 0 SECTION 3. The City’s Growth Management Administrator is hereby directed to transmit one (1) copy of the amendment to the current Comprehensive Development Plan to the State Land Planning Agency within ten (10) working days of adoption, along with a copy of the executed adopting ordinance, ordinance effective date, a copy of the public hearing notice, and all other necessary documents in accordance with Section 163.3187, et seq., Florida Statutes. A copy of the above shall also be sent to the Treasure Coast Regional Planning Council and to any other unit of local government that has filed a written request for same. SECTION 4. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 5. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 6. Specific authority is hereby granted to codify this Ordinance. SECTION 7. This amendment shall become effective thirty-one (31) days after adoption. No development orders, development permits or land uses dependent on this amendment may be issued or commence before it has become effective. If the Ordinance is timely challenged by an “affected person” as defined in Chapter 163, FIorida Statutes, the amendment does not become effective until a final order is issued finding the amendment in compliance. (The remainder of this page intentionally left blank) I. Ordinance 1, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this qw day of , 2010, upon first reading. PASSED AND ADOPTED this %@ day of fl&ya, , 2010, upon second and final reading. CIWJTVBAENS BY: os h . Russo, Mayor Robert G. Premuroso, Councilmember ATTEST: BY: - Patricia Snider, CMC, City Clerk FOR /- APPROVED AS TO FORM AND G:\ettomey~share\ORDlNANCES\2010\0rdinance 1 201 0 - CIE.doc 11 AGAINST ABSENT GENERAL FUND Revenues Expenditures Personnel & Operating Capital Outlay Debt Service Transfers Subtotal Expenditures SPECIAL REVENUE FUNDS Revenues Expenditures Personnel & Operating Capital Outlay Debt Service Transfers Subtotal Expenditures IMPACT FUNDS Revenues Expenditures Personnel & Operating Capital Outlay Debt Service Transfers Subtotal Expenditures TOTAL REVENUES TOTAL EXPENDITURES Balance Carryforward Current Year Change Ending Balance CITY OF PALM BEACH GARDENS FIVE YEAR PROJECTION FISCAL YEARS 2011 - 2015 2011 2012 2013 2014 2015 61,900,412 63,350,143 64,500,607 65,696,642 67,961,464 59,674,898 60,067,777 61,018,267 62,194,732 63,692,406 1,740,555 1,473,150 1,192,188 3,248,800 1,045,700 3,272,658 3,265,161 3,442,106 2,861,937 2,865,624 625,000 637.500 650.250 663.255 676.520 65,3 13,111 65,443,588 66,302,811 68,968,724 68,280,250- 4,985,325 5,134,885 5,288,93 1 5,447,599 5,611,027 5,127,665 5,384,048 5,653,25 1 5,935,913 6,232,709 378,000 899,000 449,000 6 16,000 1,360,000 5,505,665 6,283,048 6,102,251 6,551,913 7,592,709 1,086,284 632,7 18 4,473,550 3,152,159 2,989,160 13,920 14,477 15,056 15,658 16,284 57 1,080 1,500,000 1,350,000 1,500,000 900,000 699,440 700,490 699,890 698,060 694,700 1,284,440 2,214,967 2,064,946 2,213,718 1,6 10,984 $ 67,972,021 $ 69,117,745 $ 74,263,089 $ 74,296,400 $ 76,561,651 $ 72,103,216 $ 73,941,603 $ 74,470,007 $ 77,734,356 $ 77,483,943 $ 25,231,903 $ 21,100,708 $ 16,276,850 $ 16,069,932 $ 12,631,976 $ 21,100,708 $ 16,276,850 $ 16,069,932 $ 12,631,976 $ 11,709,684 (4,13 1,195) (4,823,857) (206,919) (3,437,956) (922,292) C:\Users\rmarrero\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5”9OHT7\Feasibility Analysis 2011-2015 CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN CAPfTAL IMPROVEMENTS PUBLIC SCHOOL FACILITIES SUPPORT DOCUMENTS The City of Palm Beach Gardens June 2008 CAPITAL 1MPROVEMENTS ELEMENT SUMMARY The Capital Improvement Element (CIE) contains the Goals, Objectives and Policies which guide the City's fiscal policies to provide adequate facilities. The proposed changes to the CIE are minor in nature as part of the EAR-based amendments. They include: 0 Modification of Level of Setvice (LOS) standards that reflect proposed changes in the Public Safety Element; Included policies which address changes in State Statutes to allow for developer funded improvements to be located within the Five-Year Schedule; and Modified formatting, updated linguistics in the text formatting, and removed duplicative information. Table 9A of this element contains the budget items required to achieve or maintain levels of service, and it is updated on an annual basis immediately after the adoption of the City's Capital Improvement Program (CIP). Because the City must transmit the EAR-based amendments prior to the adoption of the new CIP, the EAR-based amendment will not contain updates to Table 9A. The annual CIE update reflecting the changes to the CIP will be a separate amendment process. The update to Table 9B, which reflect the School Board's CIP, is similarly affected. The following initiatives are part of fhe proposed Capital lmprovement Element: 0 Ensure the construction, replacement and maintenance of capital facilities which are necessary to achieve and maintain adopted LOS. (Objective 9.7.1., Page 9- I, Existing] 0 Future development shall bear a proportionate cost of facility improvements necessitated by the development in order to maintain LOS standards. (Objective 9. I. 2, Page 9-2, Existing) Ensure the provision of needed capital improvements for previously issues development orders, and for future development and redevelopment. (Objective 9.7.3., Page 9-2, Existing) 0 Maintain a minimum LOS for traffic circulation, potable water and sanitary sewer, solid waste, drainage, recreation and open space, and public safety. (Objective 9.7.4., Page 9-3, Existing) Capital Improvement and Public School Facility Elements City of Palm Beach Gardens Page 9-2 Ordinance 14, 2008 The following studies or actions are recommended as part of the EAR-based comprehensive plan amendments: I l__ll__l_" ___.__c 201 2 ifor the . phis section has been intentionally left blank.] Capital lmprovement and Pubiic School Facility Elements City of Palm Beach Gardens Page 9-3 Ordinance 14, 2008 PUBLIC SCHOOLS FACILITIES ELEMENT SUMMARY Legislation enacted by the 2005 Florida Legislature (Senate Bill 360, Laws of Florida 2005-290) mandates a comprehensive focus on school planning by requiring local governments and school boards to adopt a school concurrency system. School concurrency ensures coordination between local governments and school boards in planning and permitting developments that affect school capacity and utilization rates. With the passage of Senate Bill 360, school facilities concurrency is no longer optional. The following sections of Chapter 163, Part 11, F.S., should be interpreted as a whole rather than individually. To implement school concurrency, local governments and school boards are required to: Update existing public school interlocal agreements and the Intergovernmental Coordination Element to include coordinated procedures for implementing school concurrency (Sections 163.31 77(6)( h)( 1 ), 163.3 1777, F. S., and 163.3 I 80( 13), F.S.; Adopt a Public School Facilities Element (P.S.F.E.) into the Comprehensive plan; Adopt level-of-service (L.O.S.) standards to establish maximum permissible school utilization rates relative to capacity, and include L.O.S. standards in an amended Capital Improvements Element of the comprehensive plan and in the updated interlocal agreement; Establish a financially feasible Public School Capital Facilities Program and include this program in an amended Capital Improvements Element of the comprehensive plan; Establish proportionate-share mitigation methodology and options to be included in the PS,F.E. and the interiocal agreement; Establish public school Concurrency Service Areas (C.S,A.s) to define the geographic boundaries of school concurrency, and include the C.S.A.s in the updated interlocal agreement and in the supporting data and analysis for the comprehensive plan; (Source: www. dca. state. fl. us/fdc~dcR/SchoolPIannina/incleK. cfm#what) The Public Schools Facilities Element in the City's Comprehensive Plan has a single goal, which is to provide for the future availability of public school facilities consistent with the adopted Level of Service Standards. Within the subsequent Objectives and Policies, other areas including safe access to schools, coordination with the School District on new information, and school capacity related to LOS, are all addressed. The proposed EAR-based amendments include some minor additions within the Public Schools Facilities Element. The additional Policies are being added to allow for the: Capital Improvement and Public Schoof Facility Elements City of Palm Beach Gardens Page 9-4 Ordinance 14, 2008 Depiction of School facilities on the Future Land Use Map; I o Encouragement of safe access to schools, including sidewalks, bike paths, turn lanes, traffic calming, and signalization; Encouragement of high quality public school facilities and coordination with Palm Beach County School Board to promote the architecture and appearance of public school facilities; I e Coordination with Palm Beach County and the School District of Palm Beach County to share data on an annual basis to improve the process; and 0 Coordination with all parties of the PBC Public School Interlocal Agreement in the event an amendment is necessary. Capital improvement and Public School Facility Elements City of Palm Beach Gardens Page 9-5 Ordinance 14, 2008 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 38 RESOLUTION 33,2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE MASTER DEVELOPMENT PLAN FOR THE 50.58-ACRE PARCEL 31.04 MIXED-USE PLANNED COMMUNITY DEVELOPMENT (MXD/PCD), GENERALLY BOUNDED BY INTERSTATE 95 AND CENTRAL BOULEVARD TO THE WEST, VICTORIA FALLS BOULEVARD TO THE NORTH, THE FUTURE EXTENSION OF ELM AVENUE TO THE EAST, AND THE PALOMA PLANNED UNIT DWELOPMENT (PUD) TO THE SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN, TO INCORPORATE A CONDITION OF APPROVAL RELATED TO CERTAIN TRAFFIC IMPROVEMENTS REQUIRED BY PALM BEACH COUNTY’S TRAFFIC DIVISION INTO THE MASTER PCD DEVELOPMENT ORDER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, on July 20, 2006, the City Council adopted Resolution 53, 2006, which approved the master development plan for the Parcel 31.04 Mixed-Use Planned Community Development (MXD/PCD), allowing the development of 15,000 square feet of restaurant use, 4,000 square feet of drive-in bank use, 12,000 square feet of drugstore use, 11,600 square feet of commercial retail use, 10,000 square feet of professional office use, and 252 multi-family units on three (3) parcels; and WHEREAS, the subject site has a Mixed-Use Planned Community District MXD zoning designation with a PCD overlay and has a land use designation of Mixed-Use (MXD): and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient and consistent with the City’s Comprehensive Plan and Land Development Regulations, and has recommended approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed the application at its May 1 1,2010, meeting and recommended approval by a vote of 7-0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 33,2010 WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City-initiated master development plan application is hereby APPROVED for the Parcel 31.04 Mixed-Use Planned Community Development (MXDPCD), generally bounded by Interstate 95 and Central Boulevard to the west, Victoria Falls Boulevard to the north, the future extension of Elm Avenue to the east, and the Paloma Planned Unit Development (PUD) to the south, subject to the conditions of approval contained herein, which is in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: THE PLAT OF CIMARRON COVE AS RECORDED IN PLAT BOOK Ill, ON PAGES 102 THROUGH 106, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SECTION 3. The language set forth hereinbelow related to certain traffic improvements required by Palm Beach County’s Traffic Division for the Parcel 31.04 Mixed-Use Planned Community Development (MXDIPCD) is hereby approved and adopted into the master PCD development order as Engineering Department Condition No. 16.5: 16.5. The Applicant shall be subject to the conditions of the Traffic Concurrency issued by the Palm Beach County Traffic Division (PBC Traffic) as described below and/or any subsequent modifications to the concurrency conditions issued by PBC Traffic. (Director of Engineering, Planning & Zoning) a. Prior to the issuance of any Certificate of Occupancy, the Applicant shall construct the roadway extensions for Elm Avenue and Victoria Falls Boulevard in accordance with the City of Palm Beach Gardens planned roadway linkages and all applicable City road design standards. 2 Resolution 33,2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 47 b. C. d. e. f. Prior to the issuance of a building permit for vertical construction for the 102"d residential unit, or the issuance of a building permit for more than 30% of the commercial square footage, whichever occurs first, the Applicant shall post surety for the installation of a traffic signal at the intersection of Military Trail and Victoria Falls Boulevard to be drawn within twenty-four (24) months of the issuance of the final Certificate of Occupancy. Furthermore, upon meeting warrants, proper traffic control and safety devices must be installed at the following intersections: i. Hood Road and Elm Avenue (Road #14) ii. Military Trail and Victoria Falls Boulevard (Road #12) iii. Central Boulevard and Victoria Falls Boulevard (Road #I 2) iv. Victoria Falls Boulevard and Elm Avenue (Road #14) Prior to the issuance of any Certificate of Occupancy, the Applicant shall provide an exclusive northbound right-turn lane onto the proposed driveway on Central Boulevard. Also, traffic shall be limited to right-in, right-out operations at this access point. Prior to the issuance of any Certificate of Occupancy, the Applicant shall construct a northbound left U-turn at the intersection of Central Boulevard and Victoria Falls Boulevard. This requirement may be postponedhaived so long as the access driveway from Central Boulevard into the project is limited to an entrance-only function. Prior to the issuance of any Certificate of Occupancy, the Applicant shall provide proper signage within the development, discouraging drivers intending to travel south on Central Boulevard from using the right-in, right-out access onto Central Boulevard. Prior to the issuance of the first infrastructure permit, the Applicant shall demonstrate that adequate right-of-way for the construction of the planned Interstate 95 ramps at the Central Boulevard interchange is provided. SECTION 4. All previous conditions of approval shall remain in full force and SECTION 5. This Resolution shall become effective immediately upon adoption. effect, as set forth in Resolution 53, 2006, except as modified hereinabove. 3 Resolution 33,2010 PASSED AND ADOPTED this IFday of 4 ,2010. CITY OF PALM BEACH GARDENS, FLORIDA 15 -* 16 17 10 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 LEGAL SUFFICIENCY fcohdan, City Attorney VOTE: -- AYE NAY ABSENT MAYOR LEVY J"-- A/ VICE MAYOR PREMUROSO --- r/ COUNCILMEMBER RUSSO --- COUNCILMEMBER JABLIN L-- COUNCILMEMBER BARNETT --- / G:\.#~y~8hr~~SOLUTIONS\20IO\R~lution 33 201 0 - amending master plan for parcel 31 .OCRMLb3-lO.dooc 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 RESOLUTION 1,2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE SCRIPPS FLORIDA PHASE IllBRlGER TRACT MIXED USE (MXD) PLANNED COMMUNITY DEVELOPMENT (PCD), COMPRISED OF 2.6 MILLION SQUARE FEET OF BIOTECH RESEARCH AND DEVELOPMENT, 1.2 MILLION SQUARE FEET OF OFFICE, 300 HOTEL ROOMS, 500,000 SQUARE FEET OF RETAIL, AND 2,700 RESIDENTIAL DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. UNITS ON A 681-ACRE PARCEL, AS MORE PARTICULARLY WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City received application PPCD-09-02-000002 from Lester Family Investments, L.P., et al. and Palm Beach County requesting master plan approval for the Scripps Florida Phase WBriger Tract, consisting of 2.6 million square feet of biotech research and development, 1.2 million square feet of ofice space, 300 hotel rooms, 500,000 square feet of retail, and 2,700 residential units. The subject site is approximately 681 acres and is located south of Donald Ross Road, north of Hood Road, and east and west of Interstate 95, as more particularly described herein; and WHEREAS, the subject site has been rezoned to Planned Community Development (PCD) Overlay with an underlying zoning designation of Mixed Use (MXD) by the adoption of Ordinance 28, 2009; and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient, and has recommended approval; and WHEREAS, the Planning, Zoning, and Appeals Board (PZAB) reviewed the petition at its October 13, 2009, public hearing and recommended approval by a vote of 6-1; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens reviewing agencies and staff; and Resolution 1, 201 0 1 2 3 4 5 6 7 0 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Application PPCD-09-02-000002 from Lester Family Investments, L.P., et al. and Palm Beach County is hereby APPROVED for master plan approval for the Scripps Florida Phase WBriger Tract, consisting of 2.6 million square feet of biotech research and development, 1.2 million square feet of office space, 300 hotel rooms, 500,000 square feet of retail, and 2,700 residential units located on approximately 681 acres south of Donald Ross Road, north of Hood Road, and east and west of Interstate 95, subject to the conditions of approval contained herein, which are in addition to the general requirements othetwise provided by resolution, on the following described real property: See Exhibit "A" for Legal Description. SECTION 3. The City Council of the Clty of Palm Beach Gardens, Florida hereby approves the following four (4) waivers: 1. Donald Ross Road to be reduced to fifty-five (55) feet. Section 78-231, Parkway overlay district, to allow the width of the parkway on 2. Section 78-231, Parkway overlay district, to allow the width of the parkway on Hood Road, directly in front of the Neighborhood Commercial parcel, to be reduced to fifty-five (55) feet. 3. Section 78-563, Lake maintenance tracts, to allow the width of the lake maintenance tracts to be reduced to fifteen (15) feet and to allow improvements, such as plazas, landscaping, bulkheads, and parkways, but not including vertical structures within the lake maintenance tracts. 4. Section 78-377, Mechanical and sewice equipment screening, to exempt mechanical equipment from screening requirements only for those uses that are biotech, biomedical, or science-related in nature. SECTION 4. This approval is subject to the following conditions, which shall be the responsibility of and binding upon the Applicants and their successors or assigns: 2 Resolution 1,2010 I 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Planning & Zoning 1. The Applicant shall provide a Declaration of Covenants to the City for review at the time of submittal of the first plat application for the project. The Declaration of Covenants shall specify who or what entity will be controlling, operating, and maintaining the common elements of the PCD, including, but not limited to, such elements as the spine roads, the perimeter landscape buffers, major drainage elements, etc. The subject Declarations must be provided to and approved by the City Attorney prior to approval of the first plat for the project. (Planning & Zoning, City Attorney) 2. resolution and approved by City Council. (Planning & Zoning) Any amendments to the list of permitted uses for the PCD shall be amended by 3. At least one (I) community park shall be provided east of Interstate 95 and one (1) community park shall be provided on the west side of Interstate 95. Each community park shall be no less than five (5) acres. Examples of the types of facilities found in a community/neighborhood park include, but are not limited to, basketball or tennis courts, picnic areas, multi-purpose fields, playgrounds, and nature areas, including upland preserves or wetlands with nature trails. Additionally, at least one (1) neighborhood park shall be located within 1/4 mile radius of each residential home within the project. The minimum size for each neighborhood park shall be one (1) acre except for those neighborhood parks located within the Town Center District, which shall be a minimum 1/3 acre in size and located within a 1/4 mile walk from any residential home located within the District. Community parks may also be counted toward satisfaction of the neighborhood park requirement. Maintenance, ownership, and operation of all parks provided within the PCD shall be the responsibility of the Master Property Owners Association or other entity as approved by the City Attorney. Prior to each site plan approval within the in PCD, the Applicant shall demonstrate this requirement has been met. (Planning & Zoning) 4. A minimum of one (1) gated pedestrian connection shall be provided on the eastern property line of the PCD adjacent to the Legends at the Gardens Mixed Use community in order to provide a pedestrian path to connect to the Town Center District. The specific location of the pedestrian connection shall be identified at the time of the first site plan approval for that portion of the Town Center District that is immediately adjacent to the Legends at the Gardens community. The location of the pedestrian connection/access will provide pedestrian access that is complementary to both the Town Center District and the Legends at the Gardens community to the east. (Planning & Zoning) 5. Prior to the approval of the first plat for the project, all deep-well field site areas, if required by the Seacoast Utility Authority, shall be depicted on the PCD Master Plan. (Planning & Zoning) 3 Resolution 1, 201 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 10 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 6. No less than 20% (136.33 acres) of the total 681 acres shall be provided within the PCD as community-serving open space. No more than 68.16 acres of the required 136.33 acres shall consist of manmade water bodies or canals; all of which shall be consistent with the provisions contained within Section 78-681 of the City’s LDRs. The following minimum allocation of community-serving open space for Parcels A-H, when taken together with the allocation of community-serving open space depicted on the PCD Master Plan, shall satisfy the minimum open space requirements: Parcel A - 3.37 acres Parcel B - 5.34 acres Parcel C - 6.73 acres Parcel D - 1.40 acres Parcel E - 2.48 acres Parcel F - 1.57 acres Parcel G - 7.36 acres Parcel H - 0.28 acres Forestry 7. In the event that the upland preserve requirement is satisfied through off-site mitigation for The Scripps Research Institute (TSRI) site, the Applicant and its successors or assigns shall be required to provide a deed restriction, in a form acceptable to the Clty Attorney, for the off-site mitigation property limiting the use of the subject property for conservation purposes in accordance with the City’s land development regulations. A final recorded deed restriction and a preserve area management plan will be required prior to approval and recordation of the first plat for the PCD. In the event off-site mitigation is not provided, a total of 12.34 acres of upland preserve area shall be provided on the TSRI site. (City Forester) 8. The off-site upland preserve site shall not be encumbered by any drainage or utilities. Any jurisdictional or non-jurisdictional wetland, as indicated on the Environmental Assessment, shall not be counted toward the 12.34-acre upland preserve mitigation area. (City Forester) 9. approved at the Site Plan review of the respective parcel. (City Forester) The final design and location of all littoral plantings shall be submitted and 10. The Applicant and its successors or assigns, including, potentially, the Master Property Owners Association, shall be responsible, upon the issuance of the first building permit for vertical construction, for their fair share of 112 of the cost of landscape and irrigation maintenance of the Donald Ross Road median from the eastern terminus of their development to the western terminus of their development. (City Forester) 4 Resolution 1, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 11. The Applicant and its successors or assigns, including, potentially, the Master Property Owners Association, shall be responsible for the installation of landscaping and irrigation and all associated maintenance of same for the Donald Ross Road right- of-way shoulder adjacent to their development, the entire Grandiflora Road within the development, the north-south public road within the site, and the Hood Road right-of- way northern road shoulder adjacent to the site. Landscaping shall be installed prior to the issuance of the first building permit for vertical construction for the adjacent parcel. (City Forester) 12. The Master Developer shall install landscaping and irrigation along all perimeter landscape buffers for the PCD. The maintenance of said roadway beautification shall be the responsibility of the Master Property Owners Association or other entity as approved by the City Attorney. Buffer areas shall not be cleared of vegetation until site plan approval has occurred for the adjacent development. Landscape buffers shall be installed prior to the issuance of the first building permit for vertical construction for the adjacent parcel. (CQ Forester) 13. The Applicant shall provide a Management Plan for all on-site preserves for the Growth Management Department's review and approval prior to the commencement of land alteration. (City Forester) 14. All preserves shall be platted prior to the development of the adjacent parcel and shall be the perpetual maintenance responsibility of the Master Property Owners Association or other entity as approved by the City Attorney. (City Forester) 15. Prior to the first Certificate of Occupancy of each adjacent parcel, all invasive nonnative plant species shall be removed and any restoration of the preserve completed. (City Forester) 16. Limited clearing may be permitted within an individual parcel of the PCD even though the subject parcel has not yet received site plan approval when such limited clearing is necessary in order to facilitate the installation of infrastructure and/or common amenities necessary to implement an approved site plan for a different parcel within the PCD. Such limited clearing shall be subject to approval of the Director of Engineering and City Forester. The limits of said clearing and installation shall be identified on the final construction plan for review and approval by the City prior to the issuance of the first land alteration permit. (City Forester, Director of Engineering) Engineering 17. The Applicant shall provide a signed and sealed pavement marking and signage plan for the PCD or provide the same on the engineering plans; said plans must be reviewed and approved by the Director of Engineering prior to the issuance of the related infrastructure permit. (Director of Engineering) ' 5 Resolution 1,2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 18. Prior to the commencement of construction for the improvements delineated on the PCD Master Plan, the Applicant shall provide all necessary construction zone signage and fencing as required by the Director of Engineering. (Director of Engineering) 19. Prior to construction plan approval or the issuance of the first land alteration permit for any of the improvements delineated on the PCD Master Plan, whichever occurs first, the Applicant shall provide a cost estimate and surety in accordance with the LDRs and a cost estimate for on-site project improvements, not including public infrastructure (please see the definition of public infrastructure within the City Code), or landscaping and irrigation costs for review and approval by the City. The cost estimates shall be signed and sealed by an engineer and/or a landscape architect licensed in the State of Florida and shall be posted with the City prior to the issuance of the first land alteration permit. (Director of Engineering) 20. 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 resolve said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. The City may cease issuing building permits and/or Certificates of Occupancy until all drainage concerns are resolved. (Director of Engineering) 21. Prior to the issuance of each infrastructure permit for the improvements delineated on the PCD Master Plan, the Applicant shall provide proper documentation to the City, in a form satisfactory to the City Attorney, from the applicable utility providers authorizing the location of landscaping and light poles within the utility easements. (Director of Engineering) 22. The Applicant shall comply with all Federal Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for construction activities. (Director of Engineering) 23. Prior to the issuance of each infrastructure permit for the improvements delineated on the PCD Master Plan, the Applicant shall provide construction plans, including, but not limited to, paving, grading, and drainage plans, along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by an engineer licensed in the State of Florida. (Director of Engineering) 24. Prior to the issuance of the land alteration permit of any infrastructure phase of the PCD, the Applicant shall plat said infrastructure phase to include all existing .and proposed easements and like encumbrances in accordance with the LDRs for City Council approval. (Director of Engineering, Planning & Zoning) 6 Resolution 1,2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 25. Prior to the issuance of each infrastructure permit for the improvements delineated on the PCD Master Plan, the Applicant shall provide a signed and sealed photometric plan for the infrastructure being applied for and submit a site lighting permit. (Director of Engineering) 26. Prior to the commencement of construction associated with each infrastructure permit for the applicable improvements delineated on the PCD Master Plan, the Applicant shall schedule a preconstruction meeting with City staff. (Director of Engineering) 27. Prior to the issuance of the Certificate of Completion for each infrastructure permit, the Applicant shall provide copies of the required FDOT testings for the City’s review and approval. (Director of Engineering) 28. All lakes shall have at least one aeratorifountain. Prior to the site plan approval process for any site plan that includes a lake within the PCD, the Applicant and its successors or assigns shall demonstrate to the satisfaction of the Director of Engineering that each lake includes an adequate number of aeratordfountains to avoid water stagnation. The total number shall include consideration of the size of each lake and the proper placement of the aeratorsifountains. (Director of Engineering) 29 A boundary plat shall be required for the east side of the PCD prior to any further subdivision of land on the east side of the project. A boundary plat shall be required for the west side of the PCD prior to any further subdivision of land on the west side of the project. All parcels depicted on the PCD Master Plan (Le., Parcels A through H) shall be separately platted and shall require City Council approval. Subsequent subdivisions within each of these aforementioned parcels may occur by metes and bounds in accordance with Section 78-592 of the City’s LDRs (Le., nonresidential uses and nonresidential parcels only). (Director of Engineering) SECTION 5. This Planned Community Development is hereby approved subject to strict compliance with the Exhibits attached hereto and made a part hereof, as follows: Exhibit I. Exhibit 2. Exhibit 3. List of Permitted Uses, prepared by Urban Design Kilday Studios, 2 Sheets, dated October 08, 2009, and received by the City on November 16,2009. Urban and Architectural Design Guidelines, prepared by Urban Design Kilday Studios, Pages 1 through 73, dated January 2010, and received by the City on January 6,2010. Scripps Florida Phase IVBriger Tract PCD Master Plan, prepared by Urban Design Kilday Studios, 1 Sheet, dated March 2, 2010, and received by the City on March 8,2010. 7 Resolution 1,2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Exhibit 4. Scripps Florida Phase WBriger Tract PCD 8O-f00t, lOO-foot, and 120-foot Roadway Cross Sections, 3 Sheets, dated and received by the City on November 16,2009. Exhibit 5. Scripps Florida Phase IVBriger Tract PCD Overall Landscape Buffer Plan, Sheets 1 through 18, dated and received by the City on November 16, 2009. SECTION 6. Any and all future amendments to the Scripps Florida Phase IWBriger Tract PCD shall be approved by Resolution of the City Council, except as otherwise provided in the Palm Beach Gardens Code of Ordinances. SECTION 7. This Resolution shall become effective immediately upon adoption, and this approval shall be subject to and consistent with all previous approvals, if any, except as specifically modified herein. (The remainder of this page intentionally left blank) a Scripps Florida Phase I1 Briger Tract DRI mkrchordm.FkriQ rcDyr(rp(m __ 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 28 RESOLUTION 102,2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE THE SCRIPPS FLORIDA PHASE WBRIGER DEVELOPMENT OF REGIONAL IMPACT PROPORTIONATE SHARE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider this agreement; and WHEREAS, the City received petition PDRI-09-02-000002 from Lester Family Investments, L.P., et al. and Palm Beach County for approval of a Development of Regional Impact (DRI) for the Briger Tract, consisting of 2.6 million square feet of biotech research and development, 1.2 million square feet of office space, 300 hotel rooms, 500,000 square feet of retail, and 2,700 residential units; and WHEREAS, the proportionate share mitigation payments are authorized pursuant to Sections 163.3180(12) and 380.06, Florida Sfafufes, and Rule 9J 2.045(7), Florida Administrative Code to address the traffic impacts anticipated from the development of the DRI throughout build-out; and WHEREAS, the payment requirements and schedule contained within the agreement will result in the amount of proportionate share payments made throughout the life of the DRI; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens’ review agencies and staff; and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. Resolution 102,2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 28 38 SECTION 2. The City Council hereby authorizes the Mayor to execute the Scripps SECTION 3. This Resolution shall become effective immediately upon adoption. Phase I I BrigerDRI Proportionate Share agreement. (The remainder of this page intentionally left blank) 2 Resolution 102,2009 PASSED AND ADOPTED this !.Er day of e& c , 2010. CITY OF PALM BEACH GARDENS, FLORIDA 1 2 3 4 5 6 7 8 9 -- -- - IO A~EST: 11 t BY: David Levy, Mayor 13 -.- 14 .BY: 15 - Patricia Snide'r, CMC, City Clerk 16 17 18 19 LEGAL SUFFICIENCY APPROVED AS TO FORM AND 20 21 22 23 24 25 26 27 28 29 30 31 32 BY: Lohman, City Attorney - VOTE: AYE NAY ABSENT MAYOR LEVY / --- VICE MAYOR PREMUROSO --- / 33 34 COUNCILMEMBER 35 36 COUNCILMEMBER 37 38 COUNCILMEMBER 39 40 41 42 43 44 45 46 L/ --- RUSSO JABLIN BARNETT / / --- --- 47 G:\ottomey_rhare\RESOLUTIONS\2009\Resolution 102 2OOSbriger proportionate share agmt.dooc 3 THE SCRIPPS FLORIDA PHASE IUBRIGER PROPORTIONATE SHARE AGREEMENT This Scripps Florida Phase IyBriger Proportionate Share Agreement (hereinafter “Agreement”) is made and entered into as of this I *day of MP/C , 20& by and between the Lester Family Investments L.P., Richard Thall, Robert Thall, Peter L. Briger, Paul H. Briger, and the David Minkin Florida Realty Trust dated December 12,1996 (hereinafter “Lester”), Palm Beach County, a political subdivision of the State of Florida (hereinafter “County”), the City of Palm Beach Gardens, Florida, a municipal corporation (hereinafter “City”), District Four of the Florida Department of Transportation, an agency of the State of Florida (hereinafter “FDOT”), and the Florida Department of Transportation Florida’s Turnpike Enterprise (hereinafter “FTE”). WITNESSETH: WHEREAS, the County and Lester (hereinafter jointly referred to as “Applicants” are joint applicants of that certain Development of Regional Impact (hereinafter “DRI”) known as the Scripps Florida Phase IVBriger DRI (hereinafter “Project”) located on certain real property in Palm Beach Gardens, Florida, as more particularly described on ExhibitA attached hereto (hereinafter the “Property”); and WHEREAS, the County and Lester desire to provide for proportionate share mitigation payments pursuant to section 163.3180(12), and section 380.06, Florida Statutes, and Rule 9J- 2.045(7), Florida Administrative Code, to address the traffic impacts anticipated from development of this Project throughout build-out; and WHEREAS, the County and Lester seek approval of the DRI by the City, and a certification of concurrency reservation for 2.6 million square feet of Industrial/R&D/biotech 1 uses, 1.2 million square feet of office uses, 500,000 square feet of retail uses, 2,700 residential units, and 300 hotel rooms for the Property more specifically described on Exhibit A; and WHEREAS, the Property owned by the Lesters (hereinafter “Lester Property”) described on the attached Exhibit B seeks approval of and certificate of concurrency reservation for the following uses: 1.0 million square feet of Industrial/R&D/biotech, 1.2 million square feet of office uses, 500,000 square feet of retail, 2,700 residential units, and 300 hotel rooms; and WHEREAS, the property described in the attached Exhibit C (herehRer “County Property‘’) seeks approval of and certificate of concurrency reservation for the following uses which are consistent with the Grant Agreement between Palm Beach County and Scripps Research Institute: 1.6 million square feet of IndustriaI/R&D/biotech; and WHEREAS, Lester and the County have agreed that their respective share of the tota1 proportionate share obligation under this Agreement shall be 79.74 percent for the Lester Property and 20.26 percent for the County Property as more fully set forth herein; and WHEREAS, pursuant to section 163.3180(12), and section 380.06, Florida Statutes, and Rule 9J-2.045(7), Florida Administrative Code, FDOT, FTE, the County, and the City have agreed to accept the Project’s proportionate share payment as adequately mitigating the transportation impacts of the Project on significantly impacted state and regional roadways within the respective jurisdiction of the foregoing through build-out. Payment of the Project’s proportionate share shall satisfy the transportation concurrency requirements of the County and City’s Comprehensive Plan, concurrency management systems, traffic performance standards, Section 380.06, and Chapter 163.3180 as may be amended from time to time; and WHEREAS, the approved traffic study for the DRI identifies the timing and development phasing for the required proportionate share payments; and 2 WHEREAS, the payment schedule contained in this Agreement provides for the County’s Advance Payment at the beginning of the Project, County Property Fee payments upon the issuance of Building Permits for vertical construction (hereinafter “Building Permits”) on the County Property, impact fee payments and proportionate share payments by phase for the development of the Lester Property, and the reimbursement to the County of its Advance Payment with interest at the end of the Project after the total required proportionate share payment has been made; and WHEREAS, the payment requirements and schedule contained in this Agreement will result in the amount of proportionate share payments made throughout the life of the Project being in conformity with the schedule of payments contained in the approved traf€ic study. NOW, THEREFORE, for and in consideration of these premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County, Lester, FDOT, FTE and the City, do hereby covenant, stipulate and agree as follows: 1. incorporated by the parties as part of this Agreement as if filly set forth herein. 2. Incorporation of recitals. The foregoing recitals are true and correct and hereby Determination of ProDortionate share payments. A. The parties hereto acknowledge and agree that the attached Table 1 contains the proportionate share contribution required at each phase, the peak hour tip thresholds for each phase, a priority list of improvements that are to be constructed and/or implemented to mitigate transportation impacts, an identification of the government agency with maintenance responsibility over each improvement, and the estimated cost of each improvement. Lester and the County have agreed that each shall be responsible for a Part of the total proportionate share contribution, with the obligation for the Lester Property contained in Paragraph 4.B. and the 3 County Property obligation contained in Paragraph 4.C. FDOT, FTE, the County, and the City acknowledge and agree that these payments adequately mitigate offsite transportation impacts of the Project on all state and regional roadways through build-out, and shall be final and binding as required by Section 163.3180(12), Florida Statutes, Chapter 380, Florida Statutes, and Chapter 95-2.045, Florida Administrative Code. The County and the City further acknowledge and agree that, as long as payments are timely made consistent with this Agreement, payment of the Project’s proportionate share shall satisfy the transportation concurrency requirements of the County and City’s Comprehensive Plan, concurrency management systems, and traffic performance standards. Lester and the County acknowledge and agree that the proportionate share payments and the improvements listed in Table 1 do not include the committed developer improvements for internal project roads and project intersectiodentrance improvements along Donald Ross Road, Hood Road and Grandiflora Road as specified in the adopted DIU Development Order, and that development of the Project is phased to those improvements as specified in the Development Order. €3. In recognition that construction prices may change over the life of the project, any portion of the Lester Property proportionate share not paid on or before January 1,201 1, shall be subject to the following escalator calculation: The cost adjustment for the total amount of each payment shall be based on the Bureau of Labor Statistics Producer Price Index (PPI) for Highway and Street Construction Industries (BHWY- Highway and Street Construction). The starting point for the index comparison shall be January 2010. The payment shall be adjusted by the percentage change in the PPI from the January 2010 starting point to the most recently published PPI value (including preliminary values) at the time of the proposed payment. 4 C. Any portion of the County’s Advance Payment pursuant to paragraph 5.A not paid on or before January 1, 2011, shall be subject to the same escalator calculation contained in paragraph 2.B. 3. Allocation and Thing of Project’s mmortionate share Dayments. A. All proportionate share payments made pursuant to this Agreement shall be made directly to Palm Beach County. The parties hereto acknowledge and agree that proportionate share payments received shall be allocated to the improvements in the priority order set forth in Table 1, as it may be amended pursuant to paragraph 8. The County shall establish a separate account (hereinafter “Proportionate Share Trust Account”) for the management and disposition of proportionate share payments, which shall be distributed to the appropriate governmental agency consistent with the terms of this Agreement. B. The monies allocated to the County for improvements in phases 1, 2 and 3 shall be adjusted to include the full cost of the improvements, including but not limited to design costs, right-of-way acquisition, construction and construction engineering inspection. As long as there are sufficient funds in the Proportionate Share Trust Account for all or part of these improvements and all preceding improvements (including the applicable portion of the FTEWDOT Reserve Funds, as defined in paragraph 3.D. below), the County shall be authorized to withdraw the estimated cost for each phase of each improvement according to the following schedule: i. For design, no sooner than 30 days prior to award of a design contract for the improvement, and ii. For right of way acquisition, no sooner than 30 days following submittal of 65 percent design plans by the design consultant, and 5 iii. For construction, no sooner than 30 days prior to award of a construction contract for the improvement. Upon completion of an improvement, if the actual cost of the improvement exceeded the hds withdrawn by the County, the County shall be authorized to withdraw additional hnds fkom the Proportionate Share Trust Account up to the difference. If the actual cost of all phases of the improvement is less than the funds withdrawn by the County, the County shall return excess bds to the Proportionate Share Trust Account. If there are not sufficient funds in the Proportionate Share Trust Account for any phase of these improvements, the County shall have the option to advance the payment and then withdraw funds for expenses incurred when finds become available. The County shall establish estimated costs for right of way acquisition and construction upon receipt of 96 percent design plans for each of these improvements and reserve these fitnds in the Proportionate Share Trust Account (hereinafter “Reserve Funds”). C. The monies allocated to the City for improvements in phases 3 and 4 shall be adjusted by the escalator percentage applied to the Lester phase 3 and phase 4 proportionate share payments, respectively, pursuant to paragraph 2.B. As long as there are sufficient funds in the Proportionate Share Trust Account for all or a part of the City improvements and all preceding improvements (including the Reserve Funds and the applicable portion(s) of the FTEEDOT Reserve Funds, as defined in Paragraph 3.D. below), the City shall be authorized to withdraw funds for its improvements in the priority order shown in Table 1, as it may be amended pursuant to paragraph 8. The City may elect to make a partial withdrawal based on availability of funds and then withdraw the balance of its allocation when fhds become available. D. The monies allocated to FTE and FDOT for improvements in phases 3 and 4 shall be adjusted by the escalator percentage applied to the Lester phase 3 and phase 4 proportionate 6 share payments, respectively, pursuant to paragraph 2.B. As long as there are sufficient funds in the Proportionate Share Trust Account for an FTE or FDOT improvement and all preceding improvements (including the Reserve Funds), and FTE or FDOT can demonstrate that its own funds were expended in the construction of its respective improvement(s) in Table 1, FTE or FDOT shall be authorized to withdraw the funds for their respective improvements in the priority order shown in Table 1, or as amended pursuant to paragraph 8. The withdrawal amount shall be the actud funds expended or the allocated amount in Table 1 after escalator adjustment, whichever is less. If FTE or FDOT is not eligible to withdraw fimds at the time funds are available for a specific improvement, the allocated funds in Table 1 for that improvement shall be reserved in the Proportionate Share Trust Account (hereinafter “FTFTE/FDOT Reserve Funds”). FTE or FDOT shall have eighteen (18) months from the time the trip threshold for the phase preceding the improvement is exceeded to demonstrate that the allocated funds and the associated improvement have been programmed in the FDOT 5-Year Work Program and another five (5) years to demonstrate that funds have been expended towards the improvement, or the allocated funds in Table 1 shall be forfeited and the allocation of finds shall proceed to the next unfunded improvement in Table 1. E. The monies allocated to the County for intersection improvements in phase 4 shall be the total proportionate share payment for the Project after escalator adjustments, including any accrued interest in the Proportionate Share Trust Account, less the monies allocated for all other improvements in Table 1 as it may be amended pursuant to paragraph 8. As long as there are remaining hds in the Proportionate Share Trust Account for intersection improvements and all preceding improvements (including the Reserve Funds and the FTERDOT Reserve Funds), the 7 County shall be authorized to withdraw the funds for these improvements in the priority order shown in Table 1 as it may be amended pursuant to paragraph 8. F. FDOT, FTE, the County and the City acknowledge and agree that, as long as the payments are timely made under this Agreement, the payment amounts set forth in Table 1, as adjusted pursuant to paragraphs 2.B. and Z.C., adequately mitigate the transportation impacts of the Project on all state and regional roadways through Project buildout. FDOT, FTE, the County and the City agree that the contributed monies received by each entity shall only be used for improvements listed in priority order in Table 1, as it may be amended pursuant to paragraph 8. If the adjustments to distributed monies in paragraph 3.B. above result in inadequate funds to complete all improvements shown in Tattle 1, the available funds shall be allocated to each entity in the priority order in Table 1 until exhausted. Each entity agrees to expeditiously apply the received money to construction andor implementation of the listed improvements. Delay of improvements or revisions to the improvements shall have no bearing on the ability of the Applicants to pull building permits or develop the DRI. G. The County shall immediately notify the City in writing whenever a proportionate share payment is made by or received by the County. The notice shall include the date the payment was made or received and the amount of the payment. For County road impact fees and County Property Fees collected and deposited in the Proportionate Share Trust Account pursuant to Paragraphs 4.C., 6.A., and 6.B., the County shall notify the City twice per year, and additionally upon written request, of the amount deposited in the Proportionate Share Trust Account from these County road impact fees and County Property Fees. 4. Proiect thresholds, timing of pavment. 8 A. The Project trip thresholds and proportionate share payments shall be tracked independently for the Lester Property and the County Property as shown in Table 1. However, the cumulative trips associated with both Properties may only exceed the cumulative trips for a given phase if the total proportionate share payments received (including the County’s Advance Payment) meet or exceed the cumulative required Proportionate Share payment for the subsequent phase. B. The Lester Property shall be responsible for a total of $17,707,143 of the total proportionate share payment of $22,206,099. All payments made after January 1,201 1, shall be subject to the escalator provision set forth in Paragraph 2.B. As to the Lester Property: (i) No Building Permits shall be issued for the Lester Property until the Lester Part of proportionate share Payment One in the amount of $350,779 is paid to Palm Beach County as set forth in Table 1. The Lester Property shall receive a credit for road impact fees in this amount upon receipt of the payment. (ii) Building Permits shall not be issued for uses generating more than 1,204 net AM peak hour trips or 2,036 net PM peak hour trips for the Lester Property until the Lester Part of proportionate share Payment Two in the amount of $4,182,614.00 is paid to Palm Beach County as set forth in Table 1. The amount due shall be reduced by the amount of road impact fees paid through the due date for this proportionate share payment. (iii) Building Permits shall not be issued for uses generating more than 1,993 net AM peak hour trips or 2,761 net PM peak hour trips on the Lester Property until the Lester Part of proportionate share Payment Three in the amount of $7,476,413.00 is paid to Palm Beach County. The amount due shall be reduced by the amount of road impact fees paid through the due date for this proportionate share payment that were not applied toward earlier proportionate share payments. (iv) Building Permits shall not be issued for uses generating more than 2,546 net AM peak hour trips or 3,279 net PM peak 9 hour trips on the Lester Property until the Lester Part of proportionate share Payment Four in the amount of $5,697,338.00 is paid to Palm Beach County. The amount due shall be reduced by the amount of road impact fees paid through the due date for this proportionate share payment that were not applied toward earlier proportionate share payments. The Lester Property shall receive a credit for road impact fees equal to the final amount of each proportionate share payment upon receipt of the payment. Upon receipt of proportionate share Payment Four, the Lester Property shall be deemed to have met its obligation under this Agreement and shall be fully vested for transportation concurrency purposes to develop the uses approved for the Lester Property. C. The County Property shall be responsible for a total of $4,498,956 of the total proportionate share payment of $22,206,099. The County’s Advance Payment pursuant to paragraph 5.A. constitutes a prepayment of the proportionate share obligation, including the full obligation for the County Property. In order to provide funds to reimburse the County for the Advance Payment, development of the County Property shall be subject to the following fee: No Building Permits shall be issued for the County Property until the permit applicant makes a payment to Palm Beach County in the amount of $2.82 per gross square foot of IndustriaVR&D/biotech building area included in the permit being sought (hereinafter “County Property Fee”). This County Property Fee shall be increased at a rate of three (3) percent compounded annually starting on the date the County makes the Advance Payment and continuing through the date of the payment of the County Property Fee. If the permit contains any development that is not considered Industrial/R&D/biotech square footage, that square footage will be converted to its equivalent in IndustriaVR&D/biotech square footage using the DRI transportation land use conversion Matrix for purposes of calculating the County Properfy Fee owed for that building permit application. All County Property Fee payments shall be made 10 directly to Palm Beach County. The permit applicant must provide a receipt for payment of the County Property Fee from Palm Beach County to the City prior to the issuance of the building pennit. The receipt for payment of the County Property Fee must include the amount of development covered by the payment, the net AM peak hour trips and net PM peak hour trips covered by the payment, and the amount of any additional impact fee or other legislatively adopted alternative fee payment that must be paid prior to the issuance of any building permit. All County Property Fee payments received by the County shall be deposited in the Proportionate Share Trust Account. Once the County has collected $4,498,956 in unadjusted County Property Fees (unadjusted County Property Fees are the County Property Fees collected at the base rate of $2.82 per square foot of IndustriaVR&D/biotech and excludes any County Property Fees collected as a result of the three (3) percent increase compounded annually to the base rate of $2.82 ), no fiirther County Property Fee payments shall be required and the County Property shall be deemed to have met its obligation under this Agreement and shall be filly vested for transportation concurrency purposes to develop the uses approved for the County Property. D. In order to ensure that development of a portion of the Project may continue without limitation relating to hture required proportionate share payments, a property owner may elect to prepay County road impact fees, prepay County Property Fees, or assign a County road impact fee credit obtained through a proportionate share payment to a specific parcel(s). Prepaid County road impact fees shall be paid to the City. Prepaid County Property Fees shall be paid to the County. The assignment of County impact fee credit must be provided in writing to the County Impact Fee Coordinator with a copy to the County Traffic Director and must include the specific parcel(s) receiving the credit, the amount of the credit, the uses and intensities receiving 11 the credit and the number of net AM peak hour trips and net PM peak hour trips associated with the credit. The County shall notify the City in writing when a prepayment of County Property Fees has occurred and when an assignment of County road impact fee credits has occurred. The written notice from the County must include the specific parcel covered by the prepayment or assignment, the uses and densitiedintensities associated with the prepayment or assignment, and the number of net AM peak hour trips and net PM peak hour trips that are covered by the prepayment or assignment. E. The net AM peak hour trips and net PM peak hour trips generated by development that has received a building permit, prepaid County road impact fees or County Property Fees, or had County road impact fee credit specifically assigned to it shall be added together by the City to calculate currently utilized trips (hereinafter “Currently Utilized Trips”). Net AM peak hour trips and net PM peak hour trips associated with prepaid County road impact fees, prepaid County Property Fees or the assignment of County road impact fees shall not be considered Currently Utilized Trips until the City issues a written confirmation specifjclng the amount of net AM peak hour trips and PM peak hour trips that are recognized as Currently Utilized Trips. Prior to issuing such written confirmation, net AM peak hour trips and net PM peak hour trips covered by the prepayment of County road impact fees, prepayment of County Property Fees or the assignment of County road impact fee credit shall be added to the Currently Utilized Trips in order to determine if any threshold for making a proportionate share payment in Paragraphs 4.A. (Total Project) or 4.B. (Lester Property) is exceeded. If any of the additional trips would result in any threshold in Paragraphs 4.A. or 4.B being exceeded, the City shall issue the written confirmation only for the mount of trips that do not exceed any threshold for making a proportionate share payment. Any trips resulting from the prepayment of impact fees, the 12 prepayment of County Property Fees, or the assignment of impact fee credit that were not conhed as Currently Utilized Trips because a threshold for a proportionate share payment in Paragraphs 4.A. or 4.B. was exceeded shall be re-evaluated once the required proportionate share payment is made. Development that is included in the Currently Utilized Trips may continue to pull building permits without limitation relating to any future required proportionate share payments. F. Prior to the issuance of any building permit for development not already included in the Currently Utilized Trips, net AM peak hour trips and net PM peak hour trips generated by new development seeking building permits shall be added to the Currently Utilized Trips in order to determine if any threshold in Paragraphs 4.A. and 4.B. is exceeded. No building permits for development that would exceed any threshold in Paragraphs 4.A. and 4.B. shall be issued until the required proportionate share payment is made. 5. Countv Advance Payment. A. The County has determined that a thriving biomedical industry is critical to the continued economic development of Palm Beach County and that successful development of the Project will mer advance this significant public interest. In recognition of this interest, the County agrees to advance payment in the amount of Six Million ($6,000,000) Dollars (“Advance Payment”) in order to expedite the improvement of Donald Ross Road ftom 1-95 to Heights Boulevard including necessary interchange improvements at Donald Ross Road and 1-95, This payment shall be made no later than 180 days after the effective date of the DRI Development Order. B. The County shall be entitled to repayment of the Advance Payment plus interest at a rate of three (3) percent compounded annually starting on January 1, 2010 and continuing 13 through the time of the repayment. Repayment may only occur once the total proportionate share payment, which is $22,206,099 plus any additional adjustments based on the escalator calculations in paragraphs 2.B. and 2.C. and including the County’s Advance Payment has been received and deposited in the Proportionate Share Trust Account (hereinafter “Repayment Funding Condition”). The County may only withdraw funds in the Proportionate Share Trust Account that are in excess of the Repayment Funding Condition hds (hereinafter “Excess Funds”), as repayment for its Advance Payment. In no event shall the County be entitled to use any of the Repayment Funding Condition funds for reimbursement of the Advance Payment. The County understands and acknowledges that there may not be sufficient Excess Funds to cover the full reimbursement. 6. Road ImDact Fees. A. The Later Property shall be subject to Palm Beach County road impact fees pursuant to Article 13 of the Unified Land Development Code, as may be amended andor replaced by legislatively mandated suitable alternative (e.g. mobility fee). Development on the Lester Property will pay such road impact fees beginning with the first building permit less any credits established through the payment of Proportionate Share obligations. Until the full proportionate share amount for the Lester Property has been paid, all impact fees or alternative fees such as a mobility fee collected by the County for this Project shall be deposited in the Proportionate Share Trust Account. B. Development on the County Property shall be subject to Palm Beach County road impact fees pursuant to Article 13 of the Unified Land Development Code. The County Property Fee shall be a credit against any impact fee or other legislatively adopted alternative fee. So long as the County Property Fee due at time of issuance of building permit exceeds the road impact 14 fee required for the same permit, no impact fee is paid. In the event that the road impact fee payment or legislatively adopted alternative fee (e.g. mobility fee) required for a building permit exceeds the amount required by this Agreement, the permit applicant shall be responsible for paying the amount of the impact fee or other legislatively adopted alternative fee not offset by the County Property Fee. Any impact fees, mobility fees or other legislatively adopted fees collected by the County pursuant to this paragraph shall not be deposited in the Proportionate Share Trust Account. The receipt issued by the County for payment of the County Property Fee shall specify the amount of any impact fee or other legislatively adopted fee that must be paid prior to the issuance of a building permit. C. Any road impact fees due shall be collected by Palm Beach Gardens prior to issuance of the building permit(s) requiring their payment. The City shall clearly identi@ these road impact fees as relating to this Project and shall transfer them to Palm Beach County. Until the fill proportionate share amount for the Lester Property has been paid, the County shall deposit the fees collected pursuant to Paragraph 6.A. in the Proportionate Share Trust Account. 7. Northern Palm Beach County Improvement District (“the District”) has created its Unit of Development No. 2C (“Unit No. 2C”) which encompasses the Property and at some point in the fiture, the District may issue Contribution in lieu of assessment for off-site immovements. bonds in order to finance the construction of on-site and off-site public infrastructure for the benefit of some or all of the Property. In such event, the District and the other parties hereto acknowledge that the County’s timely payment of the $6,000,000 specified in Paragraph 5 for construction of the therein identified off-site improvements shall for the purposes of the District’s Unit No. 2C: (a) constitute a capital contribution in lieu of a District assessment for the District’s construction of any of the off-site improvements described in attached Table 1 , and (b) 15 the District shall not impose any Unit No. 2C assessments upon the County Property to pay for the District’s construction, if any, of some or all of the off-site improvements described in attached Table 1. The District’s conditioned consent to and acceptance of the terms, provisions and understandings set forth in this Paragraph 7 is attached hereto, identified as Exhibit D and incorporated herein by this reference. 8. Reallocation of Prouortionate Share Payments to Alternative Improvements. The parties recognize that over the life of the Project, changed conditions may result in an Improvement identified in Table 1 being unnecessary, postponed to a later phase or no longer financially feasible. In order to ensure all proportionate share funds are applied to regionally significant transportation improvements to mitigate the Project’s impacts, FDOT, FTE, the County and the City (hereinafter the “Government Parties”) may identify alternative improvements. FDOT, FTE, the County, and the City may reorder the priority of projects in Table 1 within and/or between development phases or reallocate proportionate share funds each has received to alternative improvements upon written consent of all the Government Parties. Delay of improvements or revisions to the improvements shall have no bearing on the ability of the Applicant to pull building permits or develop the DRI. 9. Governine; LawLBindinn Effect. This Agreement shall be interpreted and governed by Florida law in effect as of the date of This Agreement. Each of the parties hereto warrants and represents that this Agreement is valid, binding and enforceable against them in accordance with the terms and conditions of Florida law. 10. Remedies. The parties hereto shall have all rights and remedies provided hereunder and under Florida law with respect to the enforcement of this Agreement and hereby acknowledge and agree that each party hereto shall have the right and remedy to bring an action or actions for 16 specific performance and such other equitable or injunctive relief as appropriate or necessary to enforce this Agreement. The parties agree that the venue for any enforcement action shall be the Circuit Court in and for Palm Beach County. 11. Notice of Default. The parties acknowledge and agree that no party shall be considered in default for failure to perfom under this Agreement until such party has received written notice speciQhg the nature of such default or failure to perform and said party fails to cure said default or fails to perform within thirty (30) days of receipt of written notice. 12. Notices. All notices which are required or permitted under this Agreement shall be given to the partics by certified mail, return receipt requested, hand delivery, or express courier, and shall be effective upon receipt when delivered to the parties at the addresses set forth herein below (or such other address as provided by the parties by written notice delivered in accordance with this paragraph): As to: LESTER Howard Lester 44 Cocoanut Row Palm Beach, FL 33480 With copies to: Alan Ciklin Casey Ciklin Lubitz Martens & O’Connell Northbridge Tower I 5 15 North Flagler Drive, Suite 1900 West Palm Beach, FL 33401 17 and Chuck Lubitz Casey Ciklin Lubitz Martens & 0’ Cormel1 Northbridge Tower I 5 15 North Flagler Drive, Suite 1900 West Palm Beach, FL 33401 PALMBEACHCOUNTY Shannon LaRocque, P.E. Assistant County Administrator Governmental Center 302 N Olive Ave. West Palm Beach, FL 33401 With Copies to: Marlene Everitt, Esq. Assistant County Attorney Governmental Center 301 N Olive Ave. West Palm Beach, FL 33401 and Tanya McConnell, P.E. Deputy County Engineer 2300 N Jog Road, Third Floor West Palm Beach, FL 3341 1-2745 18 CITY OF PALM BEACH GARDENS City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, F133410 Attn: City Manager With a Copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, F1.33410 Attn: City Attorney FLORIDA DEPARTMENT OF TRANSPORTATION - DISTRICT FOUR Florida Department of Transportation - District Four 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 Attn: James A. Wolfe, P.E. (District Secretary) FLORIDA DEPT. OF TRANSPORTATION - FLORIDA’S TURNPlKE ENTERPRISE Jennifer Olson, P.E. Deputy Executive Director and Chief Operating Officer Florida’s Turnpike Enterprise PO Box 613069 Ocoee, FL 34761 Amendments. No amendment, modification or other changes in this Agreement shall be 13. binding upon the parties unless in writing executed by all of the parties. 19 14. Successors and Assinns Bound. The rights and obligations contained in this Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto, including any successor in title to the Lester Property, the County Property, or to all or any part of either Property. 15. exhibit to the DIU Development Order and incorporated therein by reference. 16. County at the joint applicants’ expense. 17. Effective Date and Tolling. This Agreement shall become effective upon the date it is executed by the last party to it and the DRI Development Order necessary for its implementation is effective. If the Development Order is tolled for a period of time pursuant to section 380.06(19)(~), Florida Statutes, due to pendency of or administrative or judicial proceeding relating to development permits, or the effectiveness of the development order is stayed by an appeal or challenge filed pursuant to Section 380.07(3)-(S), Florida Statutes, the obligations under this Agreement shall be tolled for the same period of time. 18. Countemarts. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but all counterparts shall together constitute duplicates of one and the same instrument. Incomoration into the DRI DeveloDment Order. This Agreement shall be attached as an Recording. This Agreement shall be recorded in the Public Records of Palm Beach IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in manner and form sufficient to bind them as of the date set forth herein below. 20 [THIS PAGE INTENTIONALLY LEFT BLANK] 21 Signed, sealed and delivered in the presence of: CLLL .p THE LESTER FAMILY INVESTMENTS L.P., a Delaware limited partnership By: PHL Financial Consulting Co., Inc., as (Witness Signature) General Partner ('Iwles A- L&ii-z By: &24- (Signature) (Print Signatory's Name) Its: P E, /e' frr hnz- M m rp-e5rden f- (Print Witness Signature) ~ (Witness Signature) (Print Witness Signature) RICHARD THALL -~ ~ (Witness Signature) (Print Witness Signature) ROBERT THALL (Witness Signature) (Print Witness Signature) (Witness Signature) (Print Witness Signature) 22 Signed, sealed and delivered in the presence of: (Witness Signature) (Print Witness Signature) (Witness Signature) (Print Witness Signature) THE LESTER FAMILY INVESTMENTS L.P., a Delaware limited partnership By: PHL Financing Consulting Co., Inc., as General Partner By: (Signature) (Print Signatory’s Name) Its: (Print Witness Signature) ROBERT THALL (Witness Signature) ~ ~~ (Print Witness Signature) (Witness Signature) ~~ ~ (Print Witness Signature) 22 Signed, sealed and delivered in the presence of: THE LESTER FAMILY INVESTMENTS L.P., a Delaware limited partnership (Witness Signature) By: PHL Financing Consulting Co., Inc., as General Partner By: (Print Witness Signature) (Signature) (Witness Signature) (Print Signatory’s Name) Its: (Print Witness Signature) (Witness Signature) (Print Witness Signature) RICHARDTHALL (Witness Signature) (Print Witness Signature) fl r ROBERT THALL 0 (Witness Signature) (Print Witness Signature) n 22 PETER L. BRIGER (Print Witness Signature) I? .- d FGl ‘k. Sold- (Print Witness Signature) (Witness Signature) PAUL H. BRIGER (Print Witness Signature) (Witness Signature) (Print Witness Signature) (Witness Signature) (Print Witness Signature) THE DAVID MINKIN FLORIDA REALTY TRUST By: (Signature) (Witness Signature) (Print Witness Signature) (Print Signatory’s Name) Its: 23 (Witness Signature) PETER L. BRIGER (Print Witness Signature) PAUL H. BRIGER (W' ess (Print Witness Signature) 11 -- (Witness Signature) (Print Witness Signature) THE DAVID MI" FLORIDA REALTY TRUST By: (Signature) (Witness Signature) (Print Witness Signature) (Print Signatory's Name) Its: 23 (Witness Signature) PETER L. BRIGER (Print Witness Signature) h (Print Witness Signature) (Witness Signature) (Print Witness Sig ature) (Witness Signature) (Print Witness Signature) GcQ.(c. A. c&- w. b~ - ule-5 A - Cubh (Print Witness Signature) a. BRIGER THE DAVID M#KIN, FLORIDA REALTY TRUST By: (Print Signatory’s Name) - \ Its: 23 PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS ATTEST: SHARON R. BOCK ?: WITNESSES: By: Signature of Witness Signature Printed Name of Witness Typed or Printed Name Signature of Witness TitleRosition Printed Name of Witness APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: [County Attorney Approved as to Terms 24 ATTEST:. ' . CITY OF PALM BEACH GARDENS, FLORIDA, A Florida Municipal Corporation By: qavid Levy,-Mayor Date: + 1-10 APPROVED AS TO FORM AND 25 WITNESSES: smfd c- i3-J J4q.W / FLORIDA DEPARTMENT OF TRANSPORTATION - DISTRICT FOUR mm B(-p?4?- J es A. Wolfe, .E., District Secretary A&Lm - v Printed Name of Witness Sibture' of Witness 26 WlTNESSES: STATE OF FLORIDA DEPARTMENT OF 'I"SP0RTATION FLORIDA'S TURNPIKE ENTERPRISE &Ad.- trh IAWTl.e_ By: Typed or Printed Name and Chief Operating Officer Date: {Corporate Seal} APPROVED AS TO FORM AND LEGALITY: By: Office of the Turnpike General Counsel N:\TaAFFICV)evelopment ReviewU)RI\Briger TractVroportionate ShareBCRIPPS Prop Share Agmt 0 1-06- 1 O.doc 27 m E On On 0 \o 69 ." ?5 Y E: 3 Q) 0 Y n (d 0 u i\p 5a 6 00 e4 VI v! Y cd a, N N 0 Y E a, c1 z" vi' wj M SCRIPPS FLORIDA PHASE IllBRlGER DRI OVERALL LEGAL DESCRIPTION THAT PORTION OF SECTIONS 26 AND 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, IN PALM BEACH COUNTY, FLORIDA, DESCRIBED IN PARCELS AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE SOUTH 01'20'36" WEST ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 75.02 FEET TO A POINT ON A LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION, SAID POINT BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTH LINE OF OONALO ROSS ROAD; THENCE SOUTH 01'20'36" WEST ALONG SAID EAST LINE, A DISTANCE OF 2544.53 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 114) OF SAID SECTION 26; THENCE SOUTH 01'17'32" WEST ALONG SAID EAST LINE, A DISTANCE OF 2619.91 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 00'48'03" WEST ALONG THE EAST LINE OF SAID SECTION 35, A DISTANCE OF 1373.03 FEET TO THE NORTH 1146, PAGE 639, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; LINE, A DISTANCE OF 639.65 FEET TO THE EAST LINE OF THE LAND DESCRIBED PARCEL 280 B(2) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE ALONG THE BOUNDARY OF SAID PARCEL 280 B(2), NORTH 01'53'04'' EAST, A DISTANCE OF 70.00 FEET; THENCE NORTH 88O06'56" WEST, A DISTANCE OF 32.20 FEET; THENCE NORTH 83'32'30" WEST, A DISTANCE OF 52.96 FEET; THENCE NORTH 01'53'04" EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 83'32'30" WEST, A DISTANCE OF 140.45 FEET; THENCE SOUTH Ol"53'04 WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 83'32'30" WEST, A DISTANCE OF 308.19 FEET; THENCE NORTH 88'06'56" WEST, A DISTANCE OF 117.31 FEET; THENCE NORTH OO"49'08" EAST, A DISTANCE OF 291.34 FEET; THENCE NORTH 89°10'53" WEST, A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 280 B(2), BEING ALSO ON THE WEST LINE OF THE EAST 40.00 FEET OF THE NORTHWEST QUARTER (NW 114) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35; THENCE NORTH OO"4908" EAST ALONG SAID WEST LINE, A DISTANCE OF 942.23 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE NORTH 89'24'49" WEST ALONG SAID NORTH LINE, A DISTANCE OF 658.23 FEET TO THE WEST LINE OF THE EAST 40.00 FEET OF THE WEST HALF (W 1/2) OF THE NORTHWEST QUARTER (NW 114) OF THE NORTHEAST QUARTER (NE 114) OF SAID SECTION 35; THENCE SOUTH OO"49'41" WEST ALONG SAID WEST LINE, A DISTANCE OF 549.73 FEET TO THE NORTHEAST LINE OF THE LAND DESCRIBED IN PARCEL 280 A(1) IN SAID ORDER OF TAKING RIGHT-OF-WAY LINE OF HOOD ROAD, AS DESCRIBED IN DEED BOOK THENCE NORTH 88'0656" WEST ALONG SAID NORTH RIGHT-OF-WAY Exhibit A Page 1 of 3 RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE 1151; THENCE ALONG THE BOUNDARY OF SAID PARCEL 280 A(l), NORTH 28'00'09 WEST, A DISTANCE OF 626.06 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE CONTINUE NORTH 28'00'09" WEST ALONG SAID BOUNDARY, A DISTANCE OF 3541.88 FEET: THENCE NORTH 24'00'09" WEST ALONG SAID BOUNDARY, A DISTANCE OF 546.72 FEET TO THE BEGINNING OF A CURVE THEREIN, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5635.58 FEET; THENCE NORTHWESTERLY, A DISTANCE OF 544.09 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 05'31'54" TO A POINT OF TANGENCY: THENCE CONTINUE ALONG SAID BOUNDARY, NORTH 18"2815" WEST, A DISTANCE OF 543.08 FEET; THENCE NORTH 14'39'25" WEST, A DISTANCE OF 177.27 FEET; THENCE NORTH 11'29'21" EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH 63'46'51" EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH 89'55'36" EAST, A DISTANCE OF 301.88 FEET; THENCE NORTH 87'37'27" EAST, A DISTANCE OF 296.35 FEET; THENCE NORTH 89'5545" EAST, A DISTANCE OF 302.02 FEET; THENCE NORTH 00'04'15" WEST, A DISTANCE OF 6.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 280 B(3) IN SAID ORDER OF TAKING; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 280 B(3), AS DESCRIBED IN OFFICIAL RECORD BOOK 4296, PAGE 1151, SAID LINE ALSO BEING THE DONALD ROSS ROAD AS DESCRIBED IN OFFICIAL RECORD BOOK 21 129, PAGE 218, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, NORTH 89'55'45" EAST, A DISTANCE OF 1216.68 FEET; THENCE ALONG DISTANCE OF 56.57 FEET; THENCE ALONG THE EAST LINE OF SAID 65.00 FEET TO SAID LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION 26; THENCE NORTH 89'55'46" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 2369.16 FEET TO THE POINT OF BEGINNING. SOUTHERLY RIGHT-OF-WAY LINE OF ADDITIONAL RIGHT-OF-WAY FOR SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 45'04'14" EAST, A ADDITIONAL RIGHT-OF-WAY, NORTH 00'04'14" WEST, A DISTANCE OF CONTAINING 475.31 ACRES, MORE OR LESS. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 00'36'37" EAST ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 4365.67 FEET TO THE SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED AS PARCEL 280 A(1) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE ALONG SAID BOUNDARY SOUTH 34'23'37'' EAST, A DISTANCE OF 1 12.80 FEET; THENCE SOUTH 33'14'52" EAST, A DISTANCE OF 493.78 FEET ALONG SAID BOUNDARY TO THE BEGINNING OF A CURVE THEREIN, CONCAVE Exhibit A page 2 of 3 SOUTHWESTERLY, HAVING A RADIUS OF 11365.16 FEET; THENCE SOUTHEASTERLY, A DISTANCE OF 813.16 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04'05'58" TO A POINT OF TANGENCY; THENCE SOUTH 29"0854" EAST, A DISTANCE OF 1199.30 FEET; THENCE SOUTH 28'00'09" EAST ALONG SAID BOUNDARY, A DISTANCE OF 2426.49 FEET TO THE SOUTH LINE OF SAID SECTION 26; THENCE CONTINUE SOUTH 28'00'09" EAST ALONG SAID BOUNDARY, A DISTANCE OF 1464.87 FEET; THENCE NORTH 89"04'14" WEST ALONG SAID BOUNDARY AND ALONG THE NORTH LINE OF THE LAND DESCRIBED IN PARCEL 280 B(l) OF SAID ORDER OF TAKING, A DISTANCE OF 339.10 FEET; THENCE SOUTH 86'53'01" WEST ALONG SAID NORTH LINE, A DISTANCE OF 401.53 FEET TO THE NORTHERLY LINE OF HOOD ROAD; THENCE NORTH 88'06'56" WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 518.05 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 114) OF SAID SECTION 35: THENCE NORTH OO"5035" EAST ALONG SAID EAST LINE, A DISTANCE OF 628.52 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 114); THENCE NORTH 89'02'37" WEST, A DISTANCE OF 658.29 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER (SW 114); THENCE SOUTH 00'50'56" WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), A DISTANCE OF 617.85 FEET TO SAID NORTH LINE OF HOOD ROAD; THENCE NORTH 88"0656 WEST ALONG SAID NORTH LINE, A DISTANCE OF 392.92 FEET TO A POINT ON THE NORTH LINE OF THE FLORIDA'S TURNPIKE RIGHT- OF-WAY AS DESCRIBED IN MINUTES OF THE CIRCUIT COURT BOOK 70, NORTH RIGHT-OF-WAY LINE FOR THE FOLLOWING FOUR [4] COURSES: PAGE 443, PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID NORTH 01'53'04" EAST, A DISTANCE OF 10.00 FEET; NORTH 88'06'56" WEST, A DISTANCE OF 350.00 FEET; THENCE NORTH 83'28'53" WEST, A DISTANCE OF 503.22 FEET; THENCE NORTH 89'00'28 WEST, A DISTANCE OF 73.33 FEET TO THE WEST LINE OF SAID SECTION 35; THENCE NORTH 00'51'38" EAST ALONG SAID WEST LINE, A DISTANCE OF 1204.18 FEET TO THE POINT OF BEGINNING. CONTAINING 206.38 ACRES, MORE OR LESS. JONATHAN T. GILBERT PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERT. NO. 5604 Exhibit A page 3 of 3 BRIGER DRI - LESTERlDAVlD MlNKlN TRUST PROPERTY LEGAL DESCRIPTION THAT PORTION OF SECTIONS 26 AND 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, IN PALM BEACH COUNTY, FLORIDA, DESCRIBED IN PARCELS AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE SOUTH 01°20’36” WEST ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 75.02 FEET TO A POINT ON A LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION, SAID POINT BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTH LINE OF DONALD ROSS ROAD; THENCE SOUTH 01’20’36 WEST ALONG SAID EAST LINE, A DISTANCE OF 2544.53 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 26; THENCE SOUTH Ol”17’32” WEST ALONG SAID EAST LINE, A DISTANCE OF 2619.91 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 00’48’03’’ WEST ALONG THE EAST LINE OF SAID SECTION 35, A DISTANCE OF 1373.03 FEET TO THE NORTH 1146, PAGE 639, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; LINE, A DISTANCE OF 639.65 FEET TO THE EAST LINE OF THE LAND DESCRIBED PARCEL 280 B(2) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE ALONG THE BOUNDARY OF SAID PARCEL 280 B(2), NORTH 01’53’04” EAST, A DISTANCE OF 70.00 FEET; THENCE NORTH 88’06’56” WEST, A DISTANCE OF 32.20 FEET; THENCE NORTH 83’32’30” WEST, A DISTANCE OF 52.96 FEET; THENCE NORTH 01’53’04” EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 83’32’30’’ WEST, A DISTANCE OF 140.45 FEET; THENCE SOUTH 01’53’04” WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 83’32’30” WEST, A DISTANCE OF 308.19 FEET; THENCE NORTH 88’06’56 WEST, A DISTANCE OF 117.31 FEET; THENCE NORTH 00’49’08” EAST, A DISTANCE OF 291.34 FEET; THENCE NORTH 89’10’53” WEST, A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 280 B(2), BEING ALSO ON THE WEST LINE OF THE EAST 40.00 FEET OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35; THENCE NORTH 00’49’08” EAST ALONG SAID WEST LINE, A DISTANCE OF 942.23 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE NORTH 89’24’49” WEST ALONG SAID NORTH LINE, A DISTANCE OF 658.23 FEET TO THE WEST LINE OF THE EAST 40.00 FEET OF THE WEST HALF (W 1/2) OF THE NORTHWEST QUARTER (NW 114) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35; THENCE SOUTH 00’49’41” WEST ALONG SAID WEST LINE, A DISTANCE OF 549.73 FEET TO THE NORTHEAST LINE OF THE LAND DESCRIBED IN PARCEL 280 A(l) IN SAID ORDER OF TAKING RIGHT-OF-WAY LINE OF HOOD ROAD, AS DESCRIBED IN DEED BOOK THENCE NORTH 88O06’56” WEST ALONG SAID NORTH RIGHT-OF-WAY Exhibit “B”, Page 1 of 5 RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE 11 51; THENCE ALONG THE BOUNDARY OF SAID PARCEL 280 A(1), NORTH 28’00’09” WEST, A DISTANCE OF 626.06 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE CONTINUE NORTH 28’00’09” WEST ALONG SAID BOUNDARY, A DISTANCE OF 3541.88 FEET; THENCE NORTH 24’00’09” WEST ALONG SAID BOUNDARY, A DISTANCE OF 546.72 FEET TO THE BEGINNING OF A CURVE THEREIN, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5635.58 FEET; THENCE NORTHWESTERLY, A DISTANCE OF 544.09 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 05’31’54” TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID BOUNDARY, NORTH 18’28’15” WEST, A DISTANCE OF 543.08 FEET; THENCE NORTH 14’39’25” WEST, A DISTANCE OF 177.27 FEET; THENCE NORTH 11’29’21” EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH 63’46’51’’ EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH 89’55’36 EAST, A DISTANCE OF 301.88 FEET; THENCE NORTH 87’37’27” EAST, A DISTANCE OF 296.35 FEET; THENCE NORTH 89’55’45” EAST, A DISTANCE OF 302.02 FEET; THENCE NORTH 00’04’15” WEST, A DISTANCE OF 6.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 280 B(3) IN SAID ORDER OF TAKING; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 280 B(3), AS DESCRIBED IN OFFICIAL RECORD BOOK 4296, PAGE 1151, SAID LINE ALSO BEING THE DONALD ROSS ROAD AS DESCRIBED IN OFFICIAL RECORD BOOK 21129, PAGE 218, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, NORTH 89’55’45” EAST, A DISTANCE OF 1216.68 FEET; THENCE ALONG DISTANCE OF 56.57 FEET; THENCE ALONG THE EAST LINE OF SAID 65.00 FEET TO SAID LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION 26; THENCE NORTH 89’55’46” EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 2369.16 FEET TO THE POINT OF BEGINNING. SOUTHERLY RIGHT-OF-WAY LINE OF ADDITIONAL RIGHT-OF-WAY FOR SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 45’04’14” EAST, A ADDITIONAL RIGHT-OF-WAY, NORTH 00’04’14” WEST, A DISTANCE OF TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 00’36’37” EAST ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 4365.67 FEET TO THE SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED AS PARCEL 280 A(1) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE ALONG SAID BOUNDARY SOUTH 34’23’37” EAST, A DISTANCE OF 1 12.80 FEET; THENCE SOUTH 33’14’52” EAST, A DISTANCE OF 493.78 FEET ALONG SAID BOUNDARY TO THE BEGINNING OF A CURVE THEREIN, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 11365.16 FEET; THENCE SOUTHEASTERLY, A DISTANCE OF 813.16 FEET ALONG SAID CURVE, Exhibit “B”, Page 2 of 5 THROUGH A CENTRAL ANGLE OF 04’05’58” TO A POINT OF TANGENCY; THENCE SOUTH 29’08’54” EAST, A DISTANCE OF 1199.30 FEET; THENCE SOUTH 28’00’09” EAST ALONG SAID BOUNDARY, A DISTANCE OF 2426.49 FEET TO THE SOUTH LINE OF SAID SECTION 26; THENCE CONTINUE SOUTH 28’00’09” EAST ALONG SAID BOUNDARY, A DISTANCE OF 1464.87 FEET; THENCE NORTH 89’04’14” WEST ALONG SAID BOUNDARY AND ALONG THE NORTH LINE OF THE LAND DESCRIBED IN PARCEL 280 B(1) OF SAID ORDER OF TAKING, A DISTANCE OF 339.10 FEET; THENCE SOUTH 86’53’01” WEST ALONG SAID NORTH LINE, A DISTANCE OF 401.53 FEET TO THE NORTHERLY LINE OF HOOD ROAD; THENCE NORTH 88’06’56” WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 518.05 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER (SW 114) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 114) OF SAID SECTION 35; THENCE NORTH 00’50’35” EAST ALONG SAID EAST LINE, A DISTANCE OF 628.52 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE NORTH 89’02’37“ WEST, A DISTANCE OF 658.29 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE SOUTH 00’50’56” WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), A DISTANCE OF 617.85 FEET TO SAID NORTH LINE OF HOOD ROAD; THENCE NORTH 88’06’56” WEST ALONG SAID NORTH LINE, A DISTANCE OF 392.92 FEET TO A POINT ON THE NORTH LINE OF THE FLORIDA’S TURNPIKE RIGHT- OF-WAY AS DESCRIBED IN MINUTES OF THE CIRCUIT COURT BOOK 70, NORTH RIGHT-OF-WAY LINE FOR THE FOLLOWING FOUR [4] COURSES: PAGE 443, PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID NORTH 01’53’04” EAST, A DISTANCE OF 10.00 FEET; NORTH 88’06’56” WEST, A DISTANCE OF 350.00 FEET; THENCE NORTH 83’28’53” WEST, A DISTANCE OF 503.22 FEET; THENCE NORTH 89’00’28’’ WEST, A DISTANCE OF 73.33 FEET TO THE WEST LINE OF SAID SECTION 35; THENCE NORTH 00’51’38” EAST ALONG SAID WEST LINE, A DISTANCE OF 1204.18 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING: SCRIPPS PARCEL 1 - O.R.B. 21129, Pas. 218 & 229 THAT PORTION OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST, IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE SOUTH 89’55’48” WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 2371.01 FEET; THENCE SOUTH 00’04’12” EAST, A DISTANCE OF 1280.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10’02’48“, AN Exhibit “B”, Page 3 of 5 ARC DISTANCE OF 212.17 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET, THROUGH A CENTRAL ANGLE OF 33’57’12”, AN ARC DISTANCE OF 717.04 FEET TO A POINT OF TANGENCY; THENCE SOUTH 44’04’12” EAST, A DISTANCE OF 19.33 FEET; THENCE SOUTH OO”55’48” WEST, A DISTANCE OF 56.57 FEET; THENCE SOUTH 4555’48“ WEST, A DISTANCE OF 1046.96 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 53’07’48”, AN ARC DISTANCE OF 46.36 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 100.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 16’13’00”, AN ARC DISTANCE OF 28.30 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 50.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 53’35’38”, AN ARC DISTANCE OF 46.77 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2376.96 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 33’26’46”, AN ARC DISTANCE OF 1387.54 FEET TO THE INTERSECTION WITH A RADIAL LINE; THENCE NORTH 79’53’00” EAST ALONG SAID RADIAL LINE, A DISTANCE OF 1166.96 FEET TO THE POINT OF BEGINNING. AND ALSO LESS AND EXCEPT: SCRIPPS PARCEL II - O.R.B. 21 129, Pas. 218 & 229 THAT PORTION OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE SOUTH 89’55’48’’ WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 2371.01 FEET; THENCE SOUTH OO”O4’12” EAST, A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00’04’12” EAST, A DISTANCE OF 1140.00 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10’02’48”, AN ARC DISTANCE OF 212.17 FEET TO THE INTERSECTION OF A RADIAL LINE; THENCE SOUTH 79’53’00” WEST ALONG A LINE RADIAL TO THE FOLLOWING CURVE, A DISTANCE OF 1166.96 FEET TO A POINT ON SAID CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2376.96 FEET; THENCE Exhibit “B”, Page 4 of 5 NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10’02’48”, AN ARC DISTANCE OF 416.79 FEET TO A POINT OF TANGENCY; THENCE NORTH 00’04’12” WEST, A DISTANCE OF 1140.00 FEET; THENCE NORTH 44’55’47” EAST, A DISTANCE OF 56.57 DESCRIBED IN OFFICIAL RECORDS BOOK 4296, PAGE 1151, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH PROLONGATION, A DISTANCE OF 1086.96 FEET; THENCE SOUTH 45‘04’12” EAST, A DISTANCE OF 56.57 FEET TO THE POINT BEGINNING. FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD AS 89’55’47” EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND EASTERLY CONTAINING 61 1.69 ACRES, MORE OR LESS. 1 DATE OF SIGNATURE JONATHAN T. GILBERT PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERT. NO. 5604 **O.R.B. = OFFICIAL RECORD BOOK (PALM BEACH COUNTY PUBLIC RECORDS) Exhibit “B”, Page 5 of 5 SCRIPPS PARCELS - O.R.B. 21129, PG. 218 & 229 LEGAL DESCRIPTION PARCEL I THAT PORTION OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST, IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE SOUTH 89’55’48” WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 2371.01 FEET; THENCE SOUTH 00’04’12” EAST, A DISTANCE OF 1280.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10’02’48”, AN ARC DISTANCE OF 212.17 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET, THROUGH A CENTRAL ANGLE OF 33’57’12”, AN ARC DISTANCE OF 717.04 FEET TO A POINT OF TANGENCY; THENCE SOUTH 44’04’12” EAST, A DISTANCE OF 19.33 FEET; THENCE SOUTH 00’55’48” WEST, A DISTANCE OF 56.57 FEET; THENCE SOUTH 45’55’48” WEST, A DISTANCE OF 1046.96 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 53’07’48”, AN ARC DISTANCE OF 46.36 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 100.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 16’13’00”, AN ARC DISTANCE OF 28.30 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 50.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 53’35’38”, AN ARC DISTANCE OF 46.77 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2376.96 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 33’26’46”, AN ARC DISTANCE OF 1387.54 FEET TO THE INTERSECTION WITH A RADIAL LINE; THENCE NORTH 79’53’00” EAST ALONG SAID RADIAL LINE, A DISTANCE OF 1166.96 FEET TO THE POINT OF BEGINNING. CONTAINING 30.00 ACRES, MORE OR LESS. TOGETHER WITH: Exhibit “C”, Page 1 of 2 PARCEL ll THAT PORTION OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE SOUTH 89’55’48” WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 2371.01 FEET; THENCE SOUTH 00’04’12” EAST, A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00’04’12’’ EAST, A DISTANCE OF 1140.00 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10”02’48”, AN ARC DISTANCE OF 212.17 FEET TO THE INTERSECTION OF A RADIAL LINE; THENCE SOUTH 79’53’00” WEST ALONG A LINE RADIAL TO THE FOLLOWING CURVE, A DISTANCE OF 1166.96 FEET TO A POINT ON SAID CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2376.96 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10”02’48”, AN ARC DISTANCE OF 416.79 FEET TO A POINT OF TANGENCY; THENCE NORTH 00’04’12” WEST, A DISTANCE OF 1140.00 FEET; THENCE NORTH 44’55’47” EAST, A DISTANCE OF 56.57 DESCRIBED IN OFFICIAL RECORDS BOOK 4296, PAGE 1151, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH PROLONGATION, A DISTANCE OF 1086.96 FEET; THENCE SOUTH 45’04’12” EAST, A DISTANCE OF 56.57 FEET TO THE POINT OF BEGINNING. FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD AS 89’55’47” EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND EASTERLY CONTAINING 40.00 ACRES, MORE OR LESS. .. DATE OF SIGNATURE JONATHAN T. GILBERT PROFESSIONAL SURL’EYQR AND MAPPER FLORIDA CERT. NO. 5604 **O.R.B. = OFFICIAL RECORD BOOK (PALM BEACH COUNTY PUBLIC RECORDS) Exhibit “C”, Page 2 of 2 COPY CONSENT AND ACCEPTANCE Northem Palm Beach County Improvement District (Distria), an irrdspadcdt special distriot of the State of Florida, created and opersdpg in twodaucc witb the pvisiws of chaptea 2000467, Law of Florida, BS snasndcd and mqplcamted and other applicable pro~ons of Florida Statutes, does, by this inStnmrmt, comeattoand acoagtthe tams, EOLditi0;lpJ and undcst-s set forch in P-h 7 ofthe attadad Rwportionate Share Agrcemcnt (Agreement), provided, howaver nothjflo in the Agreement or this insmmmt shall obligate the District to find or conafnct pay of the Paragmph 8 theaa is a docation of the County's propordoprbt share paymant or substitution of one or more dtemative impravementa far any of the offbite impvcmmts specified in Paragmph 5 for which such paymat was to be uscd, this Constnt and AcccpCaoce shall thereupon cease to limit or restrict the Disb.ict's levy of assessments upon the County Roperty until the District has been able to satispY my applicable provisions of its enabling Iegisladon, statutory rcquiremaats dm~ obligatiolls that must be addressed due to auch cbangcs and tkdter executes and approves a new Consant and A- that establishes the descxipti~~~ and cost of the improvcxnent(s) for which the mhcation of the co\plty's advanoa ptopoaioaads.dm~ papent is attributable. db~~ad ~n-site, offisit0 w altcnrativs impro~w. Fu~W, if in llEcordllllod With Executed by the undersigned authorized wive of the Northnm Palm Beach county Improvcmemt ~istrict this \%y oXpmbeL 2009. Attcst: Northem Palm Beach County hprovcm~~ct . * -- - *. I * ' .. * : (rilstrict Seal) Exhibit D Page 1 of 1 .. I rS *. I" \ .. .. - . *. d I .- , .. , ' .-. 'a, 8. . . 9. ......-e-- , ;e** I , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 28 RESOLUTION 80,2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW PERTAINING TO THE SCRIPPS FLORIDA PHASE WBRIGER TRACT DEVELOPMENT OF REGIONAL IMPACT (DRI) AND CONSTITUTING THIS RESOLUTION AS THE DRI DEVELOPMENT ORDER; PROVIDING FOR EXECUTION, TRANSMllTAL AND IMPLEMENTATION; PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE DATE AND EXPIRATION DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City's Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City received petition PDRI-09-02-000002, containing an Application for Development Approval (hereinafter "ADA") for a development of regional impact known as the Scripps Florida - Phase WBriger Tract Development of Regional Impact, from The Lester Family Investments, L.P., Richard Thall, Robert Thall, Peter L. Briger, Paul H. Briger, the David Minkin Florida Realty Trust dated December 12, 1996, and Palm Beach County (hereinafter individually or collectively "Developer"); and WHEREAS, Ken Tuma of Urban Design Kilday Studios is the authorized agent; and WHEREAS, the Developer proposes to construct 2,600,000 square feet of industriallresearch and developmenthiotech, 1,200,000 square feet of office, 300 hotel rooms, 500,000 square feet of retail development, and 2,700 dwelling units on approximately 681 acres located south of Donald Ross Road, north of Hood Road, and east and west of Interstate 95, as more particularly described herein, consistent with the Master Plan for the Scripps Florida - Phase II/Briger Tract DRI attached as Exhibit 1; and WHEREAS, the Developer, the City, District Four of the Florida Department of Transportation, and the Florida Department of Transportation Florida's Turnpike Enterprise have entered into a Proportionate Share Agreement dated April 1, 2010, in order to meet the transportation requirements of the City's comprehensive plan and the Palm Beach County Traffic Performance Standards (TPS) Ordinance. The Proportionate Share Agreement, which is consistent with the requirements of Section 163.3180(12), Florida Statutes, and Rule 9J-2.045, Florida Administrative Code, is incorporated herein and attached as Exhibit 2; and ~~ 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 Resolution 80,2009 WHEREAS, the subject site is zoned Planned Development Area (PDA) but is concurrently being rezoned to Planned Community Development (PCD) overlay with an underlying zoning of Mixed Use (MXD) and has a Future Land Use Designation of Mixed Use; and WHEREAS, the DRI petition was reviewed by the Planning, Zoning, and Appeals Board on October 13,2009, which recommended approval by a vote of 6-1; and WHEREAS, the City Council has conducted a duly noticed public hearing on the ADA for the Scripps Florida - Phase IVBriger Tract DRI on April 1, 2010, which was a continuation of public hearings on January 14,2010, and November 12,2009; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens’ review agencies and staff and has received and considered the Assessment Report and recommendations of the Treasure Coast Regional Planning Council (TCRPC); and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION I. FINDINGS OF FACT 1. The foregoing recitals are hereby affirmed and ratified. 2. The proposed development is not in an area of critical state concern designated pursuant to the provisions of Section 380.05, F/orida Statutes. 3. The proposed development, upon adoption of the concurrent amendments to the comprehensive plan and land development regulations, is consistent with the City of Palm Beach Gardens Comprehensive Plan and Land Development Regulations. 4. The proposed development is consistent with the report and recommendations of the Treasure Coast Regional Planning Agency. 5. The proposed development is consistent with the State Comprehensive Plan. 2 Resolution 80,2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1. Based on the above findings, the proposed development meets the requirements contained in Section 380, Florida Statutes. 2. The proposed development is consistent with the City's Comprehensive Plan and Land Development Regulations. 3. The proposed development is consistent with the report and recommendations of the Treasure Coast Regional Planning Council. 4. The proposed development is consistent with the State Comprehensive Plan. The Scripps Florida - Phase WBriger Tract DRI, petition (PDRI-09-02-000002), is hereby APPROVED for the following development, located on a 681-acre site, more or less, as more particularly described herein, subject to the conditions of approval contained in Section 4: 1. 2,600,000 square feet of industrial/research and developmentlbiotech; 2. 1,200,000 square feet of office; 3. 300 hotel rooms; 4. 500,000 square feet of retail development; and 5. 2,700 dwelling units. LEGAL DESCRIPTION: THAT PORTION OF SECTIONS 26 AND 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, IN PALM BEACH COUNTY, FLORIDA, DESCRIBED IN PARCELS AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE SOUTH 01'20'36" WEST ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 75.02 FEET TO A POINT ON A LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION, SAID POINT BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTH LINE OF DONALD ROSS ROAD; THENCE SOUTH 01'20'36" WEST ALONG SAID EAST LINE, A DISTANCE OF 2544.53 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 26; THENCE SOUTH 01'17'32" WEST ALONG SAID EAST LINE, A DISTANCE OF 2619.91 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 00'48'03" WEST ALONG THE 3 Resolution 80,2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 EAST LINE OF SAID SECTION 35, A DISTANCE OF 1373.03 FEET TO THE NORTH PAGE 639, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE OF 639.65 FEET TO THE EAST LINE OF THE LAND DESCRIBED AS PARCEL 280 B(2) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE ALONG THE BOUNDARY OF SAID PARCEL 280 B(2), NORTH 01'53'04" EAST, A DISTANCE OF 70.00 FEET; THENCE NORTH 88'0658" WEST, A DISTANCE OF 32.20 FEET; THENCE NORTH 83'32'30" WEST, A DISTANCE OF 52.96 FEET; THENCE NORTH 01'53'04" EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 83'32'30" WEST, A DISTANCE OF 140.45 FEET; THENCE SOUTH 01'53'04" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 83'32'30" WEST, A DISTANCE OF 308.19 FEET; THENCE NORTH 88'06'56" WEST, A DISTANCE OF 117.31 FEET; THENCE NORTH 00'49'08" EAST, A DISTANCE OF 291.34 FEET; THENCE NORTH 89'10'53" WEST, A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 280 B(2), BEING ALSO ON THE WEST LINE OF THE EAST 40.00 FEET OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35; THENCE NORTH 00'49'08" EAST ALONG SAID WEST LINE, A DISTANCE OF 942.23 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE NORTH 89'24'49" WEST ALONG SAID NORTH LINE, A DISTANCE OF 658.23 FEET TO THE WEST LINE OF THE EAST 40.00 FEET OF THE WEST HALF (W 1R) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35; THENCE SOUTH OO"49'41" WEST ALONG SAID WEST LINE, A DISTANCE OF 549.73 FEET TO THE NORTHEAST LINE OF THE LAND DESCRIBED IN PARCEL 280 A(l) IN SAID ORDER OF TAKING RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE 1151; THENCE ALONG THE BOUNDARY OF SAID PARCEL 280 A(?), NORTH 28'00'09 WEST, A DISTANCE OF 626.06 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE CONTINUE NORTH 28'00'09" WEST ALONG SAID BOUNDARY, A DISTANCE OF 3541.88 FEET; THENCE NORTH 24'00'09" WEST ALONG SAID BOUNDARY, A DISTANCE OF 546.72 FEET TO THE BEGINNING OF A CURVE THEREIN, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5635.58 FEET; THENCE NORTHWESTERLY, A DISTANCE OF 544.09 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 05'31'54" TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID BOUNDARY, NORTH 18'28'15" WEST, A DISTANCE OF 543.08 FEET; THENCE NORTH 14'39'25" WEST, A DISTANCE OF 177.27 FEET; THENCE NORTH 11'29'21" EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH 63'46'51" EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH 89'55'36" EAST, A DISTANCE OF 301.88 FEET; THENCE NORTH 87'37'27'' EAST, A DISTANCE OF 296.35 FEET; THENCE NORTH 89'55'45" EAST, A DISTANCE OF 302.02 FEET; THENCE NORTH 00'04'15" WEST, A DISTANCE OF 6.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 280 B(3) IN SAID ORDER OF TAKING; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 280 B(3), AS DESCRIBED IN OFFICIAL RECORD BOOK 4296, PAGE 1151, RIGHT-OF-WAY LINE OF HOOD ROAD, AS DESCRIBED IN DEED BOOK 1146, NORTH 88'06'56" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE SAID LINE ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF ADDITIONAL 4 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 80,2009 RIGHT-OF-WAY FOR DONALD ROSS ROAD AS DESCRIBED IN OFFICIAL RECORD BOOK 21 129, PAGE 118, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, NORTH 89'55'45" EAST, A DISTANCE OF 1216.68 FEET; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 45"04'14" EAST, A DISTANCE OF 56.57 FEET; THENCE ALONG THE EAST LINE OF SAID ADDITIONAL RIGHT-OF-WAY, NORTH 00'04'14" WEST, A DISTANCE OF 65.00 FEET TO SAID LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION 26; THENCE NORTH 89'55'46" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 2369.16 FEET TO THE POINT OF BEGINNING. CONTAINING 475.31 ACRES, MORE OR LESS. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 00'3637" EAST ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 4365.67 FEET TO THE SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED AS PARCEL 280 A(l) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE ALONG SAID BOUNDARY SOUTH 34'23'37" EAST, A DISTANCE OF 112.80 FEET; THENCE SOUTH 33'14'52" EAST, A DISTANCE OF 493.78 FEET ALONG SAID BOUNDARY TO THE BEGINNING OF A CURVE THEREIN, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 11365.16 FEET; THENCE SOUTHEASTERLY, A DISTANCE OF 813.16 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04"05'58" TO A POINT OF TANGENCY; THENCE SOUTH 29'08'54" EAST, A DISTANCE OF 1199.30 FEET; THENCE SOUTH 28"00'09" EAST ALONG SAID BOUNDARY, A DISTANCE OF 2426.49 FEET TO THE SOUTH LINE OF SAID SECTION 26; THENCE CONTINUE SOUTH 28'00'09" EAST ALONG SAID BOUNDARY, A DISTANCE OF 1464.87 FEET; THENCE NORTH 89'04'14" WEST ALONG SAID BOUNDARY AND ALONG THE NORTH LINE OF THE LAND DESCRIBED IN PARCEL 280 B(l) OF SAID ORDER OF TAKING, A DISTANCE OF 339.10 FEET; THENCE SOUTH 86"53'01" WEST ALONG SAID NORTH LINE, A DISTANCE OF 401 53 FEET TO THE NORTHERLY LINE OF HOOD ROAD; THENCE NORTH 88'06'56 WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 518.05 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 114) OF SAID SECTION 35; THENCE NORTH OO"50'35" EAST ALONG SAID EAST LINE, A DISTANCE OF 628.52 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE NORTH 89"02'37" WEST, A DISTANCE OF 658.29 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER (SW 114); THENCE SOUTH OO"50'56" WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), A DISTANCE OF 617.85 FEET TO SAID NORTH LINE OF HOOD ROAD; THENCE NORTH 88"06'56" WEST ALONG SAID NORTH LINE, A DISTANCE OF 392.92 FEET TO A POINT ON THE NORTH LINE OF THE FLORIDA'S BOOK 70, PAGE 443, PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID TURNPIKE RIGHT-OF-WAY AS DESCRIBED IN MINUTES OF THE CIRCUIT COURT 5 Resolution 80,2009 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NORTH RIGHT-OF-WAY LINE FOR THE FOLLOWING FOUR [4] COURSES: NORTH 01’53’04” EAST, A DISTANCE OF 10.00 FEET; NORTH 88’06’56 WEST, A DISTANCE OF 350.00 FEET; THENCE NORTH 83’28’53” WEST, A DISTANCE OF 503.22 FEET; THENCE NORTH 89’00’28” WEST, A DISTANCE OF 73.33 FEET TO THE WEST LINE OF SAID SECTION 35; THENCE NORTH 00’51’38” EAST ALONG SAID WEST LINE, A DISTANCE OF 1204.18 FEET TO THE POINT OF BEGINNING. CONTAINING 206.38 ACRES, MORE OR LESS. This approval is subject to the following conditions, which shall be the responsibility of the Developers and their successors or assigns: ARDliCatiOn for DeveloDment Amroval I. The Scripps Florida - Phase II/Briger Tract Development of Regional Impact Application for Development Approval is incorporated herein by reference. It is relied upon, but not to the exclusion of other available information, by the parties in discharging their statutory duties under Chapter 380, F/oMa Statutes. Substantial compliance with the representations contained in the Application for Development Approval, as modified by Development Order conditions, is a condition for approval. Prior to final approval of any site plan application for the Scripps Florida - Phase WBriger Tract Development of Regional Impact, the Developer shall revise the Application for Development Approval to ensure that the phasing schedule and development plan are internally consistent within all sections of the Application for Development Approval and Development Order. For purposes of this condition, the Application for Development Approval shall include the following items: a) Application for Development Approval dated January 16, 2009; and b) Supplemental information dated June 2009 and August 2009. Commencement and Process of Devt3lODment 2. In the event the Developer fails to commence construction within three years from the effective date of the Development Order, development approval shall terminate, and the development shall be subject to further Development of Regional Impact review by the Treasure Coast Regional Planning Council, Florida Department of Community Affairs, and City of Palm Beach Gardens pursuant to Section 380.06, Florida Statutes. However, this time period shall be tolled during the pendency of any appeal pursuant to Section 380.07, Florida Statutes. For the purpose of this paragraph, construction shall be deemed to have commenced after placement of permanent evidence of a structure (other than a mobile home) on a site, such as the pouring of 6 Resolution 80,2009 1 2 3 4 Phasing 5 6 7 8 slabs or footings or any work beyond the stage of excavation or land clearing, such as the construction of roadways or other utility infrastructure. 3. The following phasing table for the Scripps Florida - Phase IVBriger Tract Development of Regional Impact is based on information provided in Table IO-A, included in the answer to Question 10 - General Project Description, in the Application 9 for Development Approval. 10 Industrial/ Office Phase Years R&DI (SF) Biotech (SF) I 2009- 300,000 100,000 2 2014- 400,000 200,000 3 2019- 400,000 200,000 4 2024- 1,500,000 700,000 Total 2009- 2,600,000 1,200,000 201 3 201 8 2023 2028 2028 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Retail (SF) 500,000 0 0 0 500,000 Residential Hotel (DU) (rooms) 800 300 850 0 500 0 550 0 2,700 300 This table is not intended to restrict the amount or type of development by phase, provided the Development Order in its entirety is followed. Rather, the amount and type of development within each phase is only limited by the following maximum number of trips for each phase. These trip amounts are cumulative (include trips from previous phase), and were derived from the trips generated by the development program for each phase listed above. These trip totals were used to calculate the timing of proportionate share payments and the timing of other required traffic improvements. The maximum number of trips for each phase is as follows: Phase AM Peak-Hour Triw' PM Peak-Hour Trim' 1 1,369 2,174 2 2 , 397 3,089 3 3,176 3,778 4 5,361 ' Cumulative net external trips 5,528 A phase is considered complete when either the AM or PM Net External Peak-Hour trip number for that phase is met. 7 Resolution 80,2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Conversion and Transfer of Uses 4. No building permits shall be issued for more than 600 singlefamily dwelling units, 1,400 townhouses, 700 apartment units, 500,000 square feet of commercialhetail development, 2,600,000 square feet of industriahesearch and developmenthiotech, 1,200,000 square feet of general office, and 300 hotel rooms. These approved uses may be converted to different uses, including Hospitals and Post Secondary Schools, through the use of the Land Use Conversion Matrices included as Exhibit 3. A maximum of 20% of each of the referenced land uses may be increased or decreased, e.g., a maximum of 240,000 square feet of general office can be converted &other land uses, or a maximum of 240,000 square feet of general office can be converted from other uses. The use of the Land Use Conversion Matrices shall occur as an amendment to the PCD Master Plan. The Department of Community Affairs and the Treasure Coast Regional Planning Council must be provided with thirty (30) days’ advance notice of any approval of a PCD Master Plan amendment that contains a conversion of uses utilizing the Land Use Conversion Matrices. Whenever a conversion of uses occurs through utilization of the Land Use Conversion Matrices, an amendment to Map H to reflect that conversion must be included in the next Notice of Proposed Change or Substantial Deviation Application for Development Approval. Any use of the Land Use Conversion Matrices shall be documented in the Biennial Report. The PCD Master Plan shall include a description of all conversions of uses, whether accomplished through use of the Land Use Conversion Matrices or an amendment to the DRI Development Order. 5. The City may approve the transfer of permitted uses between parcels east of 1-95, without substantial deviation review pursuant to Chapter 380.06(19), Florida Statutes, as specified below: a) transferred from Parcel B to Parcels A and C; and Up to 1,000,000 cumulative square feet of Office development may be b) transferred from Parcel C to Parcels A and B. Up to 250,000 cumulative square feet of Retail development may be Any Ofice development transferred from Parcel B to Parcel C may not be converted to any other use using the Land Use Conversion Matrices. The transfer of permitted uses authorized by this condition shall occur as an amendment to the PCD Master Plan. As part of the application for an amendment to the PCD Master Plan that transfers uses pursuant to this condition, a traffic study re-evaluating driveway volumes shall be submitted to the City. The City will forward the study to Palm Beach County for its review. If the County determines that the proposed transfer would necessitate different improvements to those listed in the DRI conditions, the transfer shall not be approved until the DRI Development Order is amended to authorize the proposed transfer and modify the DRI conditions of approval. Whenever a transfer of uses pursuant to this condition occurs, an amendment to Map H to reflect the transfer must be included in the 8 Resolution 80,2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 next Notice of Proposed Change or Substantial Deviation Application for Development Approval. Buildout Date 6. The Scripps Florida - Phase IllBriger Tract Development of Regional Impact shall have a buildout date of December 31, 2028, unless otherwise amended pursuant to the conditions of this Development Order and Section 380.06, F/oMa Statutes. Termination Date 7. This Development Order shall expire on December 31, 2035, unless extended as provided in Section 380.06(1 Q)(c), Florida Statutes. Transfer of Amroval 8. Notice of transfer of all or a portion of the subject property shall be filed with the City of Palm Beach Gardens. Prior to transfer, the transferee shall assume, in writing on a form acceptable to the City Attorney, any and all applicable commitments, responsibilities, and obligations pursuant to the Development Order. The intent of this provision is to ensure that subsequent property transfers do not jeopardize the unified control, responsibilities, and obligations required of the project as a whole. Biennial Report 9. The biennial report required by Subsection 380.06(1 8), Florida Statutes, shall be submitted every two years on the anniversary date of the adoption of the Development Order and continued every other year thereafter to the City of Palm Beach Gardens, Palm Beach County, Florida Department of Transportation, Treasure Coast Regional Planning Council, Florida Department of Community Affairs, and such additional parties as may be appropriate or required by law. The City of Palm Beach Gardens Growth Management Administrator shall be the local official assigned the responsibillty for monitoring the development and enforcing the terms of the Development Order. The contents of the report shall include those items required by Section 5 of this Development Order and Rule 95-2.025(7), Florida Administrative Code, and in addition shall include: a) Agreement (Exhibit 2); the status of the mobility improvements identified in the Proportionate Share b) defined in Paragraph 4.E. of the Proportionate Share Agreement (Exhibit 2); the amount of Currently Utilized Trips for development, as that term is c) 46 and Paragraph 5A of the Proportionate Share Agreement (Exhibit 2); the status of the proportionate share payments required under Paragraph 9 Resolution BO, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 d) the amount of new net external AM and PM peak-hour trips for site plans approved during the reporting period and cumulatively for all currently-valid site plan approvals; e) the conversion of land uses using the Land Use Conversion Matrices, if any, during the current two-year period as well as cumulative land use conversions; and 9 Condition 30. traffic signal warrant analysis and status for the intersections listed in General Provisions IO. Any modifications or deviation from the approved plans or requirements of this Development Order shall be made according to and processed in compliance with the requirements of Section 380.06(19), Florida Statutes, and Rule 95-2, Florida Administrative Code. 11. The definitions found in Chapter 380, Florida Statutes, shall apply to this Development Order. 12. Reference herein to any governmental agency shall be construed to mean any future instrumentality that may be created or designated as a successor in interest to, or which otherwise possesses the powers and duties to any referenced governmental agency in existence on the effective date of this Development Order. 13. This Development Order shall be binding upon the Developer and its assignees or successors in interest. Master Development Plan 14. Parcel A, the Scripps Campus District, is approved for 1,600,000 square feet of Industrial/Research and Development/Biotech. The IndustriaVResearch and Development/Biotech square footage includes biotechnology/p harmaceutical/biomedical and other intellectually-based research and development facilities, administrative offices, classrooms, lecture halls, conference rooms, cafeterias, fitness facilities, and ancillary commercial/retail uses (up to 5%). Non-l nd UstriaVResearch and Development/Biotech uses are permitted on Parcel A, consistent with the PCD Development Order, through use of the Land Use Conversion Matrices contained in Exhibit 3, subject to the general limitations contained in Condition 4 and the following specific limitation. Neither the Land Use Conversion Matrices nor Condition 66 may be used to convert any of the Industrial/Research and DevelopmentlBiotech square footage to residential or retail development or a church. 10 Resolution 80,2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 15. Parcel B, the Biotech District, is approved for 1,000,000 square feet of IndustriaVResearch and DevelopmentlBiotech, 1,200,000 square feet of office, and 300 Hotel Rooms. The IndustriaUResearch and DeveIopmentlBiotech square footage includes biotechnology/pharmaceuticaI/biomedical and other intellectually-based research and development facilities, administrative offices, classrooms, lecture halls, conference rooms, cafeterias, fitness facilities, ancillary commerciaUretail uses (up to 5%), and dorms and residential halls. The Office uses permitted include general and medical and veterinarian offices. However, since the traffic analysis only included general office, any medical or veterinary office uses can only occur through the conversion of general office square footage using the following conversion rate: Conversion Rate from General Office (per 1,000 SF) to Medical OfficeNeterinary (per 1,000 SF) is 2.5968. 1. If you want to convert general office to 100,000 square feet of medical office, multiply 100,000 by 2.5968. Result 100,000 square feet of medical office x 2.5968 = 259,680 square feet of general office Thus, general office would need to be reduced by 259,680 square feet in order to create 100,000 square feet of medical offidveterinary office. 2. If you want to know how many square feet of medical office can be built if you eliminate 100,000 square feet of general office, divide 100,000 by 2.5968. Result: 100,000 square feet of office divided by 2.5968 = 38,509 square feet of medical office. Thus, 38,509 square feet of medical office could be created by reducing general office by 100,000 square feet. This conversion rate is based on the lowest value of conversion from the difference in net external AM peak-hour and PM peak-hour trips between general office and medical or veterinary office uses. The conversion of general office to medical offidveterinary permitted by this condition shall occur as an amendment to the PCD Master Plan. Should the Developer desire to undo a previous conversion made pursuant to this condition, the City may approve an amendment to the PCD Master Plan that reinstates the amount of general office development that was originally exchanged for the no- longer desired medical officeheterinary development. All conversions made pursuant to this condition shall be included in the description of all conversion of uses contained on the PCD Master Plan. The Hotel and conference center includes up to 300 hotel rooms. The uses not included within the IndustriaVResearch and DevelopmentlBiotech, or Office square footage, or the Hotel use, but contained in the Land Use Conversion Matrices contained in Exhibit 3, are permitted through use of the Land Use Conversion Matrices, subject to the limitations contained in Conditions 4 and 5. 11 ~ I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 80.2009 16. Parcels C, D, E, and F are approved for a total of 350 single-family homes, 800 multi-family condoltownhouse units, and 350 apartments. These units may be located anywhere on these parcels, subject to the density limitations shown on Map H. 17. Parcel C is approved for 450,000 square feet of Retail uses. 18. Parcel G is approved for 250 single-family homes, 600 multi-family condoltownhouse units, and 350 apartments. 19. Parcel H is approved for 50,000 square feet of CommerciaVRetail uses. 20. Prior to the Planned Community District approval for the site, the City of Palm Beach Gardens must adopt final Design Guidelines applicable to all development within the DRI. These Design Guidelines shall encourage walkability, mobility options, public transit, and sustainable patterns and forms of development consistent with the TCRPC Strategic Regional Policy Plan. TRANSPORTATION Rights-of-Way 21. No building permits for vertical construction for Scripps Florida - Phase II/Briger Tract Development of Regional Impact shall be issued until rights-of-way within the project along Donald Ross Road, Hood Road, and all intersections thereof, have been dedicated free and clear of all liens and encumbrances to Palm Beach County as necessary and consistent with the Palm Beach County Comprehensive Plan. The reservation of mineral rights shall not be considered an encumbrance for purposes of right-of-way dedication. Proportionate Share Payments 22. The Developer shall meet the DRI and Concurrency Transportation requirements through payment of its proportionate share contribution pursuant to Section 163.31 80(12), Florida Statutes, and Rule 95-2.045, Florida Administrative Code. The Developer has entered into a Proportionate Share Agreement with the Florida Department of Transportation, the Florida Turnpike Enterprise, Palm Beach County, and the City of Palm Beach Gardens in accordance with Section 163.3180(12), Florida Statutes The Proportionate Share Agreement lists the improvements that will be made with the proportionate share contributions, provides that the contributions will be distributed to the various agencies that have maintenance responsibility over the improvements, and contains the agreement of the various agencies to accept proportionate share payments for impacts to roads that are the responsibility of the agency. The Proportionate Share Agreement, contained in Exhibit 2, is hereby incorporated into this Condition. 12 I 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 80,2009 23. In order to ensure that the proportionate share contributions are provided in a sufficient and timely manner to mitigate the traffic impacts of the level-of-service deficiencies for which the proportionate share costs were calculated and to comply with the approved project phasing specified in Condition 3, the timing and amount of the proportionate share payments are as follows: a) No building permits shall be issued until the Developer has paid a proportionate share contribution in the amount of $439,903; b) No building permits shall be issued for any development that generates more than 1,369 net external AM peak-hour trips or 2,174 net external PM peak hour-trips, whichever occurs first, until the Developer has paid a proportionate share contribution in the amount of $5,245,315. c) No building permits shall be issued for development that generates more than 2,397 net external AM peak-hour trips or 3,089 net external PM peak-hour trips, whichever occurs first, until the Developer has paid a proportionate share contribution in the amount of $9,375,988. d) No building permits shall be issued for development that generates more than 3,176 net external AM peak-hour trips or 3,778 net external PM peak-hour trips, whichever occurs first, until the Developer has paid a proportionate share contribution in the amount of $7,144,893. The payment amounts listed above shall be adjusted to account for changes in construction prices, as outlined in the Proportionate Share Agreement (Exhibit 2). 24. The proportionate share payments do not address the committed Developer improvements for internal project roads and project intersection/entrance improvements along Donald Ross Road, Grandiflora Road, and Hood Road, as specified in this Development Order, and any internal roadway improvements required by the City of Palm Beach Gardens. 25. As it relates to compliance with proportionate share payment obligations, the issuance of all building permits shall be governed by Paragraphs 4.E. and 4.F. of the Proportionate Share Agreement (Exhibit 2). 26. Any proposed delay in payment of the proportionate share payment due or a proposed change to the approved development that increases the authorized number of trips or to the phasing schedule shall require a reanalysis of the proportionate share payment amount as part of any approval of the requested change. Any such change shall require an amendment to the Proportionate Share Agreement and an amendment to the Development Order to include the Amendment to the Proportionate Share Agreement. 13 Resolution 80,2009 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 47 Internal Roadways and Access Driveways (Please refer to Exhlbit 4 for a graphic illustration of required internal roadway and access driveways.) 27. No building permits for vertical construction shall be issued until contracts have been let for construction of either of the following roadways: a) Parkside Drive from Donald Ross Road to its future connection with Heights Boulevard as a minimum two-lane roadway compatible with an ultimate four-lane divided mid-block cross section; or b) Heights Boulevard from its existing terminus at Donald Ross Road to its future connection at Parkside Drive as a minimum two-lane roadway compatible with an ultimate four-lane divided mid-block cross section. 28. No building permits for vertical construction shall be issued for development that generates more than 1,369 net external AM peak-hour trips or 2,174 net external PM peak-hour trips, whichever occurs first, until contracts have been let for the construction of the following roadways: a) Boulevard as a four-lane roadway; Parkside Drive from Donald Ross Road to its intersection with Heights b) Parkside Drive from its intersection with Heights Boulevard to Grandiflora Road as a two-lane roadway compatible with an ultimate four-lane divided mid- block cross section; c) two-lane mid-block cross section; Parkside Drive from Grandiflora Road to Hood Road as a roadway with a d) Grandiflora Road as a roadway with a two-lane midblock cross section compatible with an ultimate four-lane divided mid-block cross section from its western terminus to Parkside Drive; e) Heights Boulevard from Donald Ross Road to its point of departure to an eastiwest alignment as a roadway with a four-lane divided mid-block cross section: and 9 Heights Boulevard from its point of departure as an eastlwest alignment to its intersection with Parkside Drive as a roadway with a two-lane mid-block cross section compatible with an ultimate four-lane divided cross section. 29. No building permits for vertical construction shall be issued for development that generates more than 2,397 net external AM peak-hour trips or 3,089 net external PM peak-hour trips, whichever occurs first, until contracts have been let for the construction of the following roadways: 14 Resolution 80,2009 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 28 a) Road as a roadway with a four-lane divided mid-block cross section; Parkside Drive from its intersection with Heights Boulevard to Grandiflora b) Heights Boulevard from its point of departure as an easthest alignment to its intersection with Parkside Drive as a roadway with a four-lane divided mid- block cross section; and c) lane divided cross section. Grandiflora Road between Parkside Drive and Central Boulevard as a four- 30. Scripps Florida - Phase IIBriger Tract Development of Regional Impact shall have the following connections to the external roadway network consistent with Map H, Master Development Plan: 0 Four connections to Donald Ross Road, as listed in Conditions 31 a.-d.; 0 Three connections to Hood Road, as listed in Condition 31 f. and Conditions 33 a. and b.; and One connection to Central Boulevard via Grandiflora Road. a) For the intersections listed in Conditions 31.c., 31.f., 33.a., and 33.b., which are not currently signalized, signalization shall be provided, if warranted, through completion of the DRI. A signal warrant study for each of these intersections shall be submitted with the biennial report according to the following schedule until signalization is warranted. For the intersection listed in Condition 31 .c., the first warrant study shall be included in the next biennial report after construction of the required improvements at that intersection. For the intersections listed in Conditions 31.f., 33.a. and 33.b., the first warrant study shall be included in the next biennial report after the first building permit for vertical construction is issued for development west of 1-95. b) No building permits for vertical construction for development that generates more than 1,369 net external AM peak hour trips or 2,174 net external PM peak hour trips, whichever occurs first, shall be issued until performance security in an amount to be determined by the Palm Beach County Traffic Division is posted with the City for all costs associated with the traffic signals for the intersections listed in Conditions 31 .c. and 31 .f. c) No building permits for vertical construction for development west of 1-95 that generates more than 39 net AM peak-hour trips or 297 net PM peak-hour external trips shall be issued until performance security in an amount to be determined by the Palm Beach County Traffic Division to be sufficient to fund all costs associated with a traffic signal at only one intersection is posted with the City for the traffic signals for the intersections listed in Conditions 33.a. and 33.b. 15 Resolution 80,2009 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 d) If Palm Beach County approves a signal warrant study submitted with the biennial report showing that signalization is warranted, of if Palm Beach County provides written notice to the Developer with a copy to the City that a signal warrant study was conducted between biennial reports showing that signalization is warranted at one of the above intersections, the Developer shall install a mast arm traffic signal at the warranted intersection within twelve months of approval or receipt of notice by Palm Beach County. If the Developer fails to complete the signal installation within this time frame, the County Engineer, at his/her sole discretion, shall have the right to request funds be drawn from the performance security (surety drawn) and Palm Beach County may then complete all required work. e) Upon completion of the DRI, a signal warrant study shall be conducted and submitted to the City for any of the intersedions listed in paragraph a) above that have not been signalized. The signal warrant study will be forwarded to Palm Beach County for its review. If a signal is warranted at any intersection, the Developer shall be responsible for installing the warranted signal. For any intersection that Palm Beach County determines does not warrant a signal, the performance security shall be returned, and the Developer shall have no further obligation for constructing the traffic signal at that intersection. 31. No building permits for vertical construction shall be issued for development that generates more than 1,369 net external AM peak-hour trips or 2,174 net external PM peak-hour trips, whichever occurs first, until contracts have been let to provide the following lane geometry and signal modifications, if required: a) Donald Ross Road and Heiclhts Boulevard Northbound Two left-turn lanes One through lane One right-turn lane Southbound Two left-turn lanes One through lane One free-flow right-turn lane Eastbound Two left-turn lanes Three through lanes One right-turn lane Westbound Two left-turn lanes Three through lanes One right-turn lane b) Donald Ross Road and Parkside Drive Northbound Two left-turn lanes One through lane One right-turn lane Southbound One left-turn lane One through lane 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 10 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 One right-turn lane Eastbound Two left-turn lanes Three through lanes One right-turn lane Westbound Two left-turn lanes Three through lanes One right-turn lane c) Donald Ross Road and FAU Northbound One left-turn lane One through lane Southbound One left-turn lane One through lane Eastbound One left-turn lane Three through lanes One right-turn lane Westbound One left-turn lane Three through lanes d) Donald Ross Road and Eastern Drivewav (right inhiaht out onlv) Northbound One right-turn lane Eastbound Three through lanes One right-turn lane Westbound Three through lanes e) Grandiflora Road and Central Boulevard Northbound Two left-turn lanes Two through lanes Southbound One left-turn lane Two through lanes One right-turn lane Eastbound One left-turn lane One through lane One right-turn lane Westbound One left-turnlthrough lane One right-turn lane 9 Hood Road and Parkside Drive Northbound One left-turn lane One through lane Southbound One left-turn lane One through lane Eastbound One left-turn lane One through lane One right-turn lane 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Westbound One left-turn lane One through lane One right-turn lane 32. No building permits for vertical construction shall be issued for development that generates more than 3,176 net external AM peak-hour trips or 3,778 net external PM peak-hour trips, whichever occurs first, until contracts have been let to provide the following lane geometry and signal modifications, if warranted: a) Donald Ross Road and Heights Boulevard - Provide an additional northbound left turn lane to provide triple left-turn lanes; and b) Grandiflora Road and Central Boulevard - Add a separate westbound through lane to provide one left-turn lane, one through lane, and one t h roug h/rig ht-tu rn lane. 33. No building permits for vertical construction shall be issued for development in Parcels G and/or Parcel H until contracts have been let to provide the following lane geometry: a) Hood Road and Western Driveway Southbound Two exiting lanes Eastbound One through lane One left-turn lane Westbound One right-turn lane One through lane b) Hood Road and Driveway into Parcel H Northbound One left-turn lane One through lane Southbound One left-turn lane One through lane Eastbound One left-turn lane One through lane One right-turn lane Westbound One left-turn lane One through lane One right-turn lane Other Issues 34. A trip generation analysis shall be performed prior to each site plan approval. The trip generation analysis shall present calculations for both AM and PM peak-hour and shall rely upon the approved rates for trip generation, pass-by and internal capture for the phase in which the development occurs, as approved in the DRI. The trip generation shall be cumulative and include all currently-valid previous site plan approvals. Development order conditions shall be evaluated to determine triggering of 18 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 Resolution 80,2009 any conditions. Should a trip generation analysis demonstrate that development of the site plan under consideration would trigger any development order condition, the following shall apply: a) For transportation Conditions 28, 29, 31, and 32, the site plan may be approved; however, no building permits shall be issued for any development that would exceed the triggering number of trips for the condition until the condition has been met; and b) trigger the condition shall be approved until the condition has been met. For non-transportation Conditions 53, 60, and 61, no site plan that would 35. Prior to site plan approval, a traffic study shall be submitted to and approved by the City of Palm Beach Gardens to determine: a) Lane geometry for impacted internal roadways and their intersections, and b) Timing of signalization at project driveways. 36. No additional building permits for vertical construction shall be issued after December 31, 2033, until a traffic study has been conducted, submitted to, and approved by the City of Palm Beach Gardens, Palm Beach County, Florida Department of Transportation, Treasure Coast Regional Planning Council, and the Department of Community Affairs. This traffic study shall be performed in a manner consistent with methodology approved by the City of Palm Beach Gardens, Palm Beach County, Florida Department of Transportation, and the Treasure Coast Regional Planning Council. The study shall identify any improvements necessary to maintain the subject transportation network at adopted levels of service. Additional building permits for vertical construction shall not be issued after December 31,2033, until mitigation for the roadway improvements necessary to maintain adopted levels of service has been incorporated into the development order. ENVIRONMENTAL AND NATURAL RESOURCES Preserve Area Management 37. The Developer shall prepare a Preserve Area Management Plan for the upland and wetland preserve areas identified on the Scripps Florida - Phase IVBriger Tract Development of Regional Impact Map H, Master Development Plan. The plan shall: 1) identify locations in the preserve area where upland or wetland natural communities will be created, enhanced, or restored; 2) identify management procedures and provide a schedule for their implementation; 3) include procedures for maintaining suitable habitat for state-listed and federally-listed species; 4) include methods to remove nuisance and exotic vegetation and any other species that are determined to threaten the natural communities; 5) include plans to permanently mark the preserve area and provide access for passive recreation, education, or scientific study; and 6) 19 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 Resolution 80,2009 identify a permanent funding source and define a responsible entity for the maintenance and implementation of the management plan in perpetuity. The management plan shall be approved by the City of Palm Beach Gardens in consultation with the U.S. Fish and Wildlife Service, Florida Fish and Wildlife Conservation Commission, and South Florida Water Management District prior to the initiation of any site-clearing activity. 38. The Developer shall install temporary fencing around all upland and wetland preservation areas prior to commencing site clearing adjacent to the preserve area. The fencing shall clearly identify and designate the boundaries of the preserve area and minimize the potential disturbance of the preserve area during land clearing and construction. The temporary fencing shall be established at least 10 feet outside of the boundaries of the preserve areas and shall remain in place until the completion of the finish grading on the area adjacent to the fencing. Upland Preservation 39. Prior to final approval of any site plan application for the project, the Developer shall identify the location of all upland preserve areas that have been shown on the PCD Master Development Plan. The intent of this condition is to provide protection of upland natural communities, to provide habitat for wildlife and listed species, and to assist in improving water quality by buffering wetlands and water bodies. The continued viability and maintenance of the preserve areas shall be assured through a Conservation Easement with the City of Palm Beach Gardens, South Florida Water Management District, or Northern Palm Beach County improvement District. The easement shall be properly executed and recorded prior to the issuance of building permits for any portion of the project. Wetlands 40. The Developer shall protect and enhance the wetland identified as A on Map F, Wetland Impact Map, in the Scripps Florida - Phase IVBriger Tract Development of Regional Impact Application for Development Approval. Prior to final approval of any site plan application for the Scripps Florida - Phase WBriger Tract Development of Regional Impact, the Developer shall identify the location of all wetlands to be protected on Map H, Master Development Plan. The preserved and enhanced wetlands shall be protected within a Conservation Easement established with the City of Palm Beach Gardens, South Florida Water Management District, or Northern Palm Beach County Improvement District. The easement shall be properly executed and recorded prior to the issuance of building permits for any future portion of the project. 41. The Developer shall coordinate with the City of Palm Beach Gardens, South Florida Water Management District, and US. Army Corps of Engineers to determine the exact acreage and type wetland mitigation required to offset wetland impacts on the project site. Wetland mitigation requirements shall be determined following the Unified Mitigation Assessment Method provided in Chapter 62-345, Florida Administrative Code. Methods for the creation and management of wetland mitigation areas on the 20 Resolution 80,2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 project site, as outlined in the ERP, shall be described in the Preserve Area Management Plan to be approved by the City of Palm Beach Gardens prior to the initiation of any site-clearing activity. 42. All wetland mitigation east of 1-95 shall be completed prior to or simultaneous with the elimination of existing wetlands on the site east of 1-95, and all wetland mitigation west of 1-95 shall be completed prior to or simultaneous with the elimination of existing wetlands on the site west of 1-95. The detailed plans for mitigation shall be approved by the City of Palm Beach Gardens and South Florida Water Management District prior to the initiation of the mitigation plan and prior to the approval of any site plan for any portion of the project. Reasonable assurance of financial ability to carry out the commitments in the approved mitigation plan shall be provided in a method agreed to and approved by the South Florida Water Management District. Listed Species 43. In order to protect the gopher tortoise population on the project site, the Developer or an authorized entity shall develop a detailed management plan that provides for the protection and relocation of gopher tortoises into the preserve areas identified on the Scripps Florida - Phase IlBriger Tract Development of Regional Impact Map HI Master Development Plan, or an appropriate off-site recipient area. The Developer or an authorized entity shall comply with the Florida Fish and Wildlife Conservation Commission gopher tortoise protection guidelines for this state-listed threatened species. Details of the gopher tortoise protection measures shall be provided in the Preserve Area Management Plan, which shall be approved by the City of Palm Beach Gardens prior to the initiation of any site-clearing activity. 44. In order to protect the hand fern population on the project site, the Developer or an authorized entity shall develop a detailed management plan that provides for the protection of hand fern in the preserve areas identified on the Scripps Florida - Phase II/Briger Tract Development of Regional Impact Map H, Master Development Plan, or an appropriate off-site recipient area. The Developer or an authorized entity shall comply with all recommendations by the City of Palm Beach Gardens in consultation with the Florida Department of Agriculture and Consumer Services regarding the maintenance and management of habitat for this state-listed endangered species. Details of the hand fern protection measures shall be provided in the Preserve Area Management Plan, which shall be approved by the City of Palm Beach Gardens prior to the initiation of any site-clearing activity. 21 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 80,2009 45. In the event it is determined that any additional state-listed or federally-listed plant or animal species is resident on, or othewise significantly dependent upon the project site, the Developer shall cease all activities which might negatively affect that individual population and immediately notify the City of Palm Beach Gardens. The Developer shall provide proper protection to the satisfaction of the City of Palm Beach Gardens, U.S. Fish and Wildlife Service, and the Florida Fish and Wildlife Conservation Commission. Exotic Species 46. Prior to obtaining building permits for any future structure located on a particular development parcel, the Developer of such parcel shall remove from that parcel all Australian-pine, Brazilian pepper, downy rose-myrtle, melaleuca, Old World climbing fern, and any other nuisance and invasive exotic vegetation listed under Category I of the Florida Exotic Pest Plant Council’s “2007 List of Invasive Plant Species.” Removal shall be in a manner that minimizes seed dispersal by any of these species. There shall be no planting of these species on site. Methods and a schedule for the removal of exotic and nuisance species should be approved by the City of Palm Beach Gardens. The entire site, including wetlands and conservation areas, shall be maintained free of these species in perpetuity, in accordance with all applicable permits. Stonnwater Management 47. The Developer of each development parcel shall design and construct a stormwater management system within such development parcel to retain the maximum volumes of water consistent with the South Florida Water Management District’s and Northern Palm Beach County Improvement District’s criteria for flood control. At a minimum, all discharged water from the surface water management system shall meet the water quality standards of Florida Administrative Code Rule 17-3. 48. The Developer shall work with the City of Palm Beach Gardens to minimize the amount of impervious surface constructed for automobile parking on the project site. The Developer and the City should consider the use of pervious parking lot materials where feasible. 49. The surface water management system shall utilize Best Management Practices to minimize the impact of chemical runoff associated with lawn and landscape maintenance. The Developer shall coordinate with the South Florida Water Management District and Northern Palm Beach County Improvement District to formulate and implement Best Management Practices to reduce the use of pesticides and fertilizers throughout the project. 22 Resolution 80,2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 3a 50. Maintenance and management efforts required to assure the continued viability of all components of the surface water management system shall be the financial and physical responsibility of the Developer, a community development district, Northern Palm Beach County Improvement District, or other entity acceptable to the City of Palm Beach Gardens. Any entities subsequently replacing the Developer shall be required to assume the responsibilities outlined above. Water Supply 51. No building permits for vertical construction shall be issued until the Developer demonstrates that the Seacoast Utility Authority, or other public utility provider, has an adequate permitted allocation of potable water and adequate potable water treatment and delivery facilities to meet the demands of the development for which the building permit for vertical construction is requested. 52. The preferred source of irrigation water shall be treated wastewater effluent at such time as this source is made available to the site. The project shall be equipped with an irrigation water distribution system to provide reclaimed water to serve all portions of the site requiring irrigation. No individual home wells shall be constructed on the project site. Prior to availability of a sufficient supply of reclaimed water, other water supply sources may be used for landscape irrigation, subject to meeting the South Florida Water Management District's permitting criteria in effect at the time of permit application. 53. Prior to the commencement of any development that generates more than 1,369 net external AM peak-hour trips or 2,174 net external PM peak-hour trips, whichever occurs first, the Developer shall provide written confirmation from the Seacoast Utility Authority, or other public utility provider, that: 1) adequate capacity of reclaimed water is available to serve the project site; and 2) adequate reclaimed water treatment and delivery facilities are available to meet the needs of the project site. In the event that the preceding criteria cannot be met, other water supply sources may be used for landscape irrigation subject to meeting the South Florida Water Management District's permitting criteria in effect at the time of permit application. 54. The residential and non-residential uses in the project shall utilize low- volume water use plumbing fixtures and Florida-friendly (drought tolerant) landscape techniques, and other water conserving devices and/or methods. The commercial uses in the project shall also utilize self-closing and/or metered water faucets. These devices and methods shall meet the criteria outlined in the water conservation plan of the public water supply permit issued to the Seacoast Utility Authority by the South Florida Water Management District. 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Wastewater Management 55. No residential subdivision plat shall be recorded nor final site plan approved for any development parcel until the Developer has provided written confirmation from the Seacoast Utility Authority, or other public utility provider, that: 1) adequate capacity for wastewater treatment is available to serve such development parcel; and 2) the Developer or others have provided the necessary wastewater system extensions to serve the development parcel. Solid Waste and Hazardous Materials 56. Prior to the issuance of the first non-residential building permit for vertical construction for the project, the Developer shall prepare a Hazardous Waste Management Plan for the non-residential uses and have it approved by the City of Palm Beach Gardens. The plan should identify off-site disposal plans, on-site waste handling, generation, and emergency procedures for each generator of hazardous waste. At a minimum, the plan shall: a) materials or waste proposed to be stored, used, or generated on premises; require disclosure by all owners or tenants of the property of all hazardous b) require the inspection of all premises storing, using, or generating hazardous materials or waste prior to commencement of operation, and periodically thereafter, to assure that proper facilities and procedures are in place to properly manage hazardous materials projected to occur; c) containment of spills, and transfer and disposal of such materials or waste; provide minimum standards and procedures for storage, prevention of spills, d) provide for proper maintenance, operation, and monitoring of hazardous materials and waste management systems, including spill and hazardous materials and waste containment systems; e) accidents involving hazardous materials or waste; detail actions and procedures to be followed in case of spills or other 9 guarantee financial and physical responsibility for spill cleanup; and g) the site. include a program for continued monitoring of surface and groundwater on Resolution 80,2009 24 Resolution 80,2009 Very Low Total 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 28 34 35 36 37 39 40 41 38 Income Limits' Thresholds2 Purchase Rent 142 $33,000 $95,683 $728 142 Price Air Quality 57. No later than 90 days prior to the issuance of the first building permit for vertical construction for each phase of development beyond Phase 1, as more specifically defined by the AM and PM peak-hour trip thresholds specified in Condition 3, the Developer shall submit a Carbon Monoxide Air Quality Analysis based on the latest guidelines to the Florida Department of Environmental Protection for its review and approval. The analysis shall demonstrate that the National Ambient Air Quality Standards for Carbon Monoxide will not be violated as a result of this project and, if necessary, shall include mitigation measures for which the Developer shall be responsible. 58. During land clearing and site preparation, soil treatment techniques appropriate for controlling unconfined particulate emissions shall be undertaken. If construction on a parcel will not begin within 30 days of clearing, the soil shall be stabilized until construction of the parcel begins. Cleared areas may be sodded, seeded, landscaped, mulched, or stabilized by other means as may be permitted by the City of Palm Beach Gardens. Minimal clearing for access roads, suwey lines, fence installation, or construction trailers and equipment staging areas is allowed without the need for soil stabilization. The purpose of this condition is to minimize dust production and soil erosion during land clearing and to prevent soil particulates from becoming airborne between the time of clearing and construction. The development shall comply with all National Pollutant Discharge Elimination System requirements. HUMAN RESOURCE ISSUES Housing 59. The Developer shall provide 142 workforce housing units on the Scripps Florida - Phase WBriger Tract Development of Regional Impact affordable to very low income worker households at the following affordability threshold illustrated in the following table: I IncomeGroup I Demand I Maximum I Aff orda bi I ity I ' HUD FY 2008 Median Household Income of $66,000 for Palm Beach County. Affordability limits for home prices (for-sale housing) and maximum rental rates by income group. 2 The mitigation of the significant adequate housing impact can be addressed by the Developer by constructing 142 workforce housing units on site within the affordability threshold for Very Low Income households. 25 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 Resolution 80,2009 Any workforce housing units to be provided under this condition shall be integrated within the development and designed to be compatible with the overall project. All affordable units shall be constructed on site, uniformly dispersed throughout the project, and designed to the same exterior standard as other units in the development. The applicant, Developer, and/or property owner shall record in the public record a guarantee, for a minimum period of 25 years for ownership units and for rental units, which maintains the affordability of units that are required to be workforce housing. In lieu of workforce housing units, the provision or allowance of accessory apartments, as defined in the Design Guidelines, on a minimum of 142 individual building lots, including single-family lots and townhome lots, shall satisfy the requirement for the provision of workforce housing. Accessory units shall not be counted against the total number of units proposed for the Scripps Florida - Phase IVBriger Tract Development of Regional Impact. Police and Fire Protection 60. Prior to the commencement of any development that generates more than 1,369 net external AM peak-hour trips or 2,174 net external PM peak-hour trips, whichever occurs first, the Developer shall provide written confirmation from the City of Palm Beach Gardens Fire Rescue Department verifying that adequate facilities, equipment, and personnel are available to service the Scripps Florida - Phase WBriger Tract Development based on the demand from the project. 61. Prior to the commencement of any development that generates more than 1,369 net external AM peak-hour trips or 2,174 net external PM peak-hour trips, whichever occurs first, the Developer shall provide written confirmation from the City of Palm Beach Gardens Police Department verifying that adequate facilities, equipment, and personnel are available to service the Scripps Florida Phase IVBriger Tract Development based on the demand from the project. Hurricane Preparedness 62. No residential subdivision plat shall be recorded nor final site plan approved for any development parcel until the Developer has written confirmation from the Palm Beach County Division of Emergency Management that adequate emergency regular and special needs shelter capacities are available for that residential subdivision plat within the Scripps Florida - Phase IVBriger Tract Development of Regional Impact. 26 Resolution 80, 2009 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Parks and Recreation 63. The PCD shall not be approved until the Developer has provided a plan approved by the City of Palm Beach Gardens for the provision of neighborhood and community recreational sites and facilities to meet the demand created by residential development in the project. Neighborhood parks should serve as prominent visual and social focal points of each neighborhood, and provide for informal, non-programmed recreational activities. At a minimum, 15 percent of the project area, or 103 acres of recreation and open space area as required by the City of Palm Beach Gardens Land Development Code, shall be established to serve area residents of the Scripps Florida - Phase WBriger Tract Development of Regional Impact. Neighborhood and community recreational facilities shall be available to serve projected demand in accordance with the plan approved by the City of Palm Beach Gardens. Historic and Archaeological Sites 64. The Developer shall protect and set aside from development the archaeological site, 8PB13953, in accordance with the recommendations from the Florida Department of State, Division of Historical Resources. Site 8PB13953 is a prehistoric midden located in a hammock in the southwest quadrant of the parcel and is identified as "Archaeologically Significant Site" on Map H, Master Development Plan. 65. In the event of discovery of any archaeological artifacts during construction of the project, construction shall stop in the area of discovery and immediate notification shall be provided to the City of Palm Beach Gardens and the Division of Historical Resources, Florida Department of State. Proper protection shall be provided to the satisfaction of the City of Palm Beach Gardens and the Division of Historical Resources. Churches and Schools 66. Elementary, middle, and high schools are permitted anywhere within the DRI. Churches are permitted anywhere within the DRI except on Parcels A and B. However, because no trips were included in the traffic analysis for churches and the listed schools, they are only permitted if they do not generate any additional net external AM peak-hour trips and net external PM peak-hour trips over the amount of net external AM peak-hour trips and net external PM peak-hour trips authorized for the DRI. The exchange table below contains the exchange rates for the uses that may be converted to churches or elementary, middle, and high schools. These rates ensure that no additional net external AM peak-hour trips or PM peak-hour trips will be generated as a result of the conversion: 27 Resolution 80,2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 2a Land Use to Exchange Single Apartment CondolTH Retail (per Research General LandUse Family (per DU) (per DU) 1,OOOSF) andDev't Office(per (per DU) (per 1,000 1,000 SF) SF) Church (per 0.8477 1.4599 1 .&I62 0.5456 NIA NIA 1,000 SF) Elementary 0.3600 0.4963 0.5545 0.5192 0.9764 1.0887 School (per student) Middle 0.4320 0.5956 0.6654 0.6231 1.1716 1.3065 School (per student) High School 0.2389 0.3294 0.4324 0.3446 0.6480 0.7226 lper student) Note: Rate is based on the rate that results in the lowest value of conversion from either the AM or PM peak-hour outbound rates. 1. If you want to add 50,000 square feet of Church by decreasing Retail square footage, how many square feet of Retail would you need to reduce? Instruction = Multiply 50,000 by the number that connects the "Church" row with the "Retail" Multiply 50,000 square feet x 0.5456 = 27,280 square feet You must reduce Retail by 27,280 SF. column (0.5456) 2. If you want to know how many square feet of a Church you can build if you eliminate 100,000 square feet of retail: Go to the Church row and follow to Retail column, find 0.5456 Divide 100,000 by 0.5456 = 183,284 SF of Church The exchange of uses permitted by this condition shall occur as an amendment to the PCD Master Plan. Should the Developer desire to undo a previous exchange made pursuant to this condition, the City may approve an amendment to the PCD Master Plan that reinstates the amount of development that was originally exchanged for the no-longer-desired church or school. All exchanges of uses made pursuant to this condition shall be included in the description of all conversion of uses contained on the PCD Master Plan. SECTION 5. BIENNIAL REPORT 1. The Developer shall make a biennial report as required by Section 380.06 (15) and (18), Florida Statutes. The first biennial report shall be submitted on the second anniversary of the adoption of the DRI Development Order. Subsequent reports shall be submitted every two years on the anniversary date of the adoption of the DRI Development Order. 2a Resolution 80,2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2. In addition to the requirements contained in the conditions of approval, the biennial report shall include the following: a) Any changes in the plan of development, or in the representations contained in the Application for Development Approval, or in the phasing for the reporting period and for the next reporting period; b) conducted for the reporting period; A summary comparison of development activity proposed and actually c) Identification of undeveloped tracts of land, other than individual single- family lots, that have been sold, transferred, or leased to a separate entity or developer; d) Identification and intended use of lands purchased, leased, or optioned by any of the Developers adjacent to the original DRI site since the Development Order was issued; e) An assessment of the Developer's and local government's compliance with each individual condition of approval contained in this Development Order and the commitments specified in the Application for Development Approval and which have been identified by the City, the Treasure Coast Regional Planning Council, or the Department of Community Affairs as being significant: 9 reporting period or is anticipated to be filed during the next reporting period; Any request for a substantial deviation determination that was filed in the g) portion of the development since the Development Order was issued; An indication of a change, if any, in local government jurisdiction for any h) A list of significant local, state, and federal permits which have been obtained or which are pending by agency, type of permit, permit number, and purpose of each; i) The biennial report shall include a statement that all the agencies listed in Condition 9 or added pursuant to Condition 9 have been sent copies of the biennial report; j) A copy of any recorded notice of the adoption of a Development Order or the subsequent modifications of an adopted Development Order that was recorded by the Developer pursuant to Subsection 380.06( 15), Florida Statutes; and k) included in the biennial report. Any other information requested by the City of Palm Beach Gardens to be 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 80, 2009 SECTION 6. MODIFICATIONS TO APPROVAL 1. Except as permitted by the conditions of approval, any modifications or deviations from the approval plans or requirements of this Development Order shall be submitted to the City of Palm Beach Gardens for a determination as to whether the change constitutes a substantial deviation as provided in Section 380.06(19), Florida Statutes. 2. Purchasers and lessees of lots or parcels within the DRI shall not be considered the Developer for purposes of modifying the provisions of the Development Order pursuant to 380.06(19), Florida Statutes, or appealing any changes to the Development Order pursuant to Section 380.07, Florida Statutes, unless so designated by an original Developer or successor Developer. SECTION 7. DOWNZONING Prior to December 31, 2033, the Scripps Florida - Phase WBriger Tract Development of Regional Impact shall not be subject to downzoning, unit density reduction, or intensity reduction, unless the City demonstrates that substantial changes in the conditions underlying the approval of the Development Order have occurred, or that the Development Order was based on substantially inaccurate information provided by the Developer, or that the change is clearly established by the City of Palm Beach Gardens to be essential to the public health, safety, or welfare. The Developer's substantial compliance with the representations regarding the project's description and economic activity areas, including the biotech development component of the DRI, which have been incorporated herein pursuant to the adoption of the conditions, are deemed to be essential to the public health, safety, and welfare. The City of Palm Beach Gardens has expressly relied upon these representations in the formulation of various conditions of approval; consequently, the failure to substantially comply with these representations may constitute substantial changes which may be cause for downzoning , unit density reduction, or intensity reduction. SECTION 8. EFFECTIVE DATE 1. Certified copies of this Development Order shall be transmitted immediately by certified mail or other delivery service for which a receipt as proof of service is required to the Department of Community Affairs, the Treasure Coast Regional Planning Council, The Lester Family Investments, L.P., Richard Thall, Robert Thall, Peter L. Briger, Paul H. Briger, the David Minkin Florida Realty Trust dated December 12, 1996, and Palm Beach County. This Development Order shall become effective upon its transmittal to all of the above-listed entities and people. The date of transmittal shall be the effective date of the Development Order. 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 80, 2009 2. If a notice of appeal is filed pursuant to Section 380.07, Florida Statutes, the effectiveness of the Development Order is stayed until the completion of the appeal process. Any time periods in the conditions of approval measured from the approval date, adoption date, or effective date of the Development Order shall be measured from the effective date and those time periods are tolled during any period that the effectiveness of the Development Order is stayed. SECTION 9. SEVERABILITY In the event that any portion or section of this Development Order is deemed to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Development Order, which shall remain in full force and effect. (The remainder of this page intentionally left blank) 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 80, 2009 PASSED AND ADOPTED this !% day of &hbL ,2010. CITY OF PALM BEACH GARDENS, FLORIDA BY: David Levy, Mayor ATTEST: - BY: Patricia Snide6 CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY - BY: R. 1 yak Lohman, City Attorr - VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN COUNCILMEMBER BARNETT "eY -- AYE NAY ABSENT J-- I/-- J --- G:\rttomey~8hrre\RESOLUTiONSG!OlO~esolution 80 2009 - DRI Development Order 3-1 8-10-FINAL.docx 32 Date Prepared: June 9,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 94,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AMENDMENTS TO RESOLUTION 207, 2002, THE DEVELOPMENT ORDER FOR COMMUNITY DISTRICT (PCD) LOCATED ON THE WEST SIDE OF THE RONALD REAGAN TURNPIKE, SOUTH OF NORTHLAKE BOULEVARD, AND NORTH OF THE BEELINE HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN AMENDED CONDITION OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. “PARCEL A - SINGLE-FAMILY” WITHIN THE GABLES PLANNED WHEREAS, on July 18, 2002, the City Council adopted Ordinance 3, 2002, which approved the rezoning from Planned Development Area (PDA) to a Planned Community District (PCD) Overlay with an underlying zoning of Residential Low (RL-3), known as the Gables Planned Community District; and WHEREAS, on November 21, 2002, the City Council approved 450 multi-family units in Resolution 206, 2002 and 200 single-family units in Resolution 207, 2002; and WHEREAS, the City has received an application (MISC-05-05) from Mr. Marty Minor, agent for Northlake Boulevard, LLC and Gables Construction, Inc. and M/I Homes, for approval of a request for an extension of the requirement for the completion of the single-family recreation facility prior to the issuance of the 60” Certificate of Occupancy (30%) to the issuance of the 97* Certificate of Occupancy (50%) for the single-family homes within “Parcel A - Single-Family” of the Gables PCD, which is located on the west side of the Ronald Reagan Turnpike, south of Northlake Boulevard, and north of Beeline Highway, as more particularly described herein; and WHEREAS, the site is currently zoned Planned Community District (PCD) Overlay with underlying zoning of Residential Low 3 (RL-3), and has a future land-use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: Date Prepared: June 9,2005 Resolution 94,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTlON2. The amended condition of approval for Parcel A - Single-Family within the Gables Planned Community District (PCD) is APPROVED on the following described real property, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: GABLES AT NORTHLAKE, ACCORDING TO THE REPLAT NO. 1 THEREOF, RECORDED IN PLAT BOOK 96 PAGE 194 THROUGH PAGE 199 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LANDS SITUATE AND LYING, IN THE CITY OF PLAM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. SECTION 3. Said Site Plan is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors, or assigns. Landscapina and Maintenance I. The single-family main recreation area shall be completed prior to the issuance of the 97 €@ Certificate of Occupancy for a single-family unit. (Planning & Zoning) 2. Prior to the issuance of the first single-family or multi-family Certificate of Occupancy, the main entry signage and landscaping shall be installed. (Planning & Zoning) 3. The applicant shall maintain a six (6) foot clearance zone between buildings while determining the placement of mechanical equipment and accessory structures. (Planning & Zoning) TransDortation / Traffic Concurrency 4. Pursuant to the terms of Ordinance IO. 2003. Tihe project build-out date is December 31,2003z. (City Engineer) 5. Prior to the issuance of the first building permit, excluding permits for clearing of exotic vegetation, the applicant shall submit a Master Sign and Pavement Construction Plan for review and approval by the City. (Planning & Zoning) 2 Date Prepared: June 9,2005 Resolution 94,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 6. Prior to the issuance of the first building permit, the applicant shall submit to the City for review and approval a Pavement Marking and Signage Plan which identifies the location of all proposed signage and markings, such as stop signdbars, pedestrian crosswalks and signage, directional signage, etc. A registered engineer licensed in the State of Florida shall certify the Pavement Marking and Signage Plan. (City Engineer) 7. Prior to the issuance of the final Certificate of Occupancy, the applicant, successors, or assigns shall conduct signal warrant studies of the Hiatt Drive and Northlake Boulevard intersection beginning at the issuance of the 50th Certificate of Occupancy and every six (6) months thereafter until the issuance of the final Certificate of Occupancy. Should the warrant indicate a need for a signal, the applicant, successor, or assigns shall be required to provide a pro-rata share of installation costs as determined by the City Engineer. (City Council) Miscellaneous 8. Prior to the issuance of the first Certificate of Occupancy of a residential unit, the applicant shall submit the Property Owners Association and Homeowners Association documents for review and approval by the City Attorney. (City Attorney) 9. Within ninety (90) days from the issuance of the first Certificate of Occupancy of a dry model, the sales center located off of Northlake Boulevard shall be removed and the area restored to the approved Planned Community District (PCD) Buffer Plan. (Planning & Zoning) IO. The applicant, successors, or assigns shall require all homeowners to maintain a minimum six (6) foot clear zone, within at least one side-yard setback for each home, which shall be maintained free from air conditioning equipment, fencing, and landscaping obstructions between all structures. This restriction shall be incorporated within the Gables Master Declaration of Covenants, Conditions, and Restrictions and recorded in the public records as a restriction against the property. Building permits for individual homes shall show all landscaping, fencing, and mechanical equipment, and shall show the six (6) foot clear zone. (Planning & Zoning) 11. Until such time as the issuance of the certificate of completion for the first dry model, the applicant, successors, or assigns shall use the sales center off of Northlake Boulevard for customer parking, and shall use a sales representative to escort prospective home buyers to the models on site. No access by the general public shall be allowed to a model unit until the certificate of completion is issued. (Planning & Zoning, Code Enforcement) 3 Date Prepared: June 9,2005 Resolution 94,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 12. The applicant shall restrict rear screen enclosures to only allow bronze- colored structures. (Planning & Zoning) 13. The applicant shall construct the development in accordance with Crime Prevention Through Environmental Design (CPTED) principles, which consist of the following: a. The applicant shall provide metal halide lighting within the entire amenity (recreation) areas and along the spine road. The applicant shall provide high-pressure sodium lighting within the single-family community not fronting on the spine roadway around the central lake feature. b. Landscaping, including long-term tree growth, shall not conflict with lighting. c. A timer clock or photocell sensor engaged lighting shall be installed above or near entryways to residences and all sidewalks. d. Street and pedestrian walkways shall use lighting that is no greater than 14 feet in height. e. Numerical addresses shall be illuminated for nighttime visibility, shall have bi-directional visibility from the roadway, and shall be a minimum of six inches in height. f. The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (Police) 14. Prior to the issuance of any building permit, the applicant shall: a. Provide a street address system depicting street names and residential numericals for emergency response purposes. Address system depiction shall be in 8.5” X 11” map format. (Police) b. Install and have operational, temporary roadways and fire hydrants approved by the City Engineer and Fire Department for all of the dry models, (City Engineer, Fire Rescue). c. Provide canopy trees at the rear of the lots along Jog Road extension (Planning 81 and Northlake Boulevard in lieu of a cluster of palms. Zoning ) 4 Date Prepared: June 9,2005 Resolution 94,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 15. The applicant shall post surety prior to the issuance of a building permit for the model homes for lots 15, 16, and 17 (45-foot models); lots 47 and 48 (60-foot models); lots 47 and 48 (townhouse model lots); and the sales trailer on lot 5 for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of one-third (113) of the hard costs of construction of all of the proposed models. (City Engineer) 16. Prior to December 31 of every year following said project's approval, the applicant, successors, or assigns shall submit to the Growth Management Department, Planning and Zoning Division, an annual report of the status of the project, including, but not limited to, the number of permits issued, the number of certificates of occupancy issued, and the compliance or status of any conditions of approval placed on the project by this approval and any future approval until the project is completed. (Planning & Zoning) 17. All single-family homes shall comply with the design guidelines, which are attached hereto as Exhibit "6." (Planning & Zoning) SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: .. 22 23 1. 24 25 26 27 2. 28 29 30 31 3. 32 33 34 35 4. 36 37 38 39 5. 40 41 42 43 44 45 46 Section 78-141 , Residential Zoning District Regulations, Lot Coverage, to allow 50% lot coverage. The Land Development Regulations allow a maximum of 35% lot coverage. Section 78-141, Residential Zoning District Regulations, Lot Width, to allow 30-foot lot widths. The Land Development Regulations require a minimum of 65 feet in width. Section 78-141, Residential Zoning District Regulations, Lot Area, to allow a minimum 3,090-square-foot lot area. The Land Development Regulations require a minimum of 6,500 square feet in area. Section 78-141, Residential Zoning District Regulations, Front Setback, to allow for a minimum 12-foot front setback. The Land Development Regulations require a minimum 25-fOOt front setback. Section 78-141, Residential Zoning District Regulations, Side Setback, to allow for a minimum O-foot side setback. The Land Development Regulations require a minimum of 7.5 feet or 10% of the lot width, whichever is greater, for the side setback. 5 Date Prepared: June 9,2005 Resolution 94,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 6. 7. 8. 9. 10. 11. 12. Section 78-1 41, Residential Zoning District Regulations, Side Street Setback, to allow for a minimum 10-foot side setback. The Land Development Regulations require a minimum of 20 feet for the side street set back. Section 78-141, Residential Zoning District Regulations, Rear Setback, to allow for a 5-fOOt rear setback. The Land Development Regulations require a minimum IO-foot rear setback. Section 78-285, Signs for Residential Development, to allow two (2) sign faces on the entrance signage. The Land Development Regulations allow a maximum of one (1 ) sign face per development. Section 78-498, Minimum Rights-of-way and Pavement Widths, to allow for a 20-foot minimum right-of-way pavement width. The Land Development Regulations require a minimum @foot right-of-way width. Section 78-341, Intent (off-street parking), to allow for on-street parking. The Land Development Regulations do not provide for on-street parking. Section 78-441(c), Plat Approval Prior to Dry Model Permits, to allow for the issuance of building permits for model homes prior to platting. The Land Development Regulations require that no building permits be issued prior to recordation of a plat with Palm Beach County. Section 78-506, to allow for sidewalks on one side of the street. The Land Development Regulations require sidewalks on both sides of the street. SECTION 5. Said Site Plan within a Planned Community District (PCD) shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 1. October 4, 2002, Site Data and Site Plan by Shah Drotos 8t Associates, sheets SP-1 through SP-7. 2. October 4, 2002, Paving, Grading and Drainage Details by Shah Drotos 8t Associates, sheets SP-8 through SP-9. 3. October 4, 2002, Preliminary Engineering Plan by Shah Drotos & Associates, sheets CE-1 through CE-5. 4. September 3, 2002, Landscape Plan by Murakami Landscape Architects, Inc. and Urban Design Studio, sheets L-I through L-7. 5. July 2, 2002, Main Entrance Plan by Murakarni Landscape Architects, Inc., sheet L-8. 6 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 9,2005 Resolution 94.2005 6. October 3,2002, Photometric Plan by KTD Consulting Engineers, sheet ES- 1. 7. June 14, 2002, Typical Lot Landscape Plans by Cotleur Hearing, Inc., sheets 1 through 5. 8. June 24, 2002, Recreational Facility Site Plan by Cotleur Hearing, Inc., one sheet. 9. June 14, 2002, Recreation Area and Open Space Landscape Plans by Cotleur Hearing, Inc., two sheets. 10. July 3, 2002, Temporary Sales Trailer Plan by Cotleur Hearing, Inc., one sheet. 11. July 5, 2002, Temporary Sales Trailer Elevations by Steven J. Bruh, Architect, sheet 1 of 1. 12. June 10,2002, Plot Plan for 45’ Lot Homes by M/I Homes, two sheets. 13. June 10, 2002, Floor Plans and Elevations for 45’ Lot Home Type “D” by M/I Homes, sheets D-1 through D-4 (0-2 & D-4 dated December 20,2001). 14. June 10, 2002, Floor Plans and Elevations for 45’ Lot Home Type “E” by M/I Homes, sheet E-1 . 15. June 11, 2002, Floor Plans and Elevations for 45’ Lot Home Type “E” by M/I Homes, sheet E-2. 16. December 20, 2001, Floor Plans and Elevations for 45’ Lot Home Type “E” by M/I Homes, sheet E-3. 17. June 11, 2002, Floor Plans and Elevations for 45’ Lot Home Type “F” by M/I Homes, sheet F-I. 18. December 20, 2001, Floor Plans and Elevations for 45’ Lot Home Type “F” by M/I Homes, sheets F-2 through F-3. 19. December 20, 2001, Floor Plans and Elevations for 45’ Lot Home Type “H” by M/I Homes, sheets H-1 through H-2. 20. June 11, 2002, Floor Plans and Elevations for 45’ Lot Home Type “J” by M/I Homes, sheet J-1. 21. December 20, 2001, Floor Plans and Elevations for 45’ Lot Home Type “J” by M/I Homes, sheets J-2 through J-3. 7 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Date Prepared: June 9,2005 Resolution 94,2005 June 1 I, 2002, Floor Plans and Elevations for 45' Lot Home Type "K" by M/I Homes, sheet K-1 . December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "K by M/I Homes, sheet K-2. June 11,2002, Floor Plans and Elevations for 45' Lot Home Type "L" by MA Homes, sheet L-1 . December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "L" by M/I Homes, sheets L-2 through L-3. June 10,2002, Plot Plan for 60' Lot Homes by M/I Homes, one sheet. June 10, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme "2778 by MA Homes, sheet 1. December 20,2001, Floor Plans and Elevations for 60' Lot Homes Scheme "2778' by M/I Homes, sheets 2 through 3. December 20,2001, Floor Plans and Elevations for 60' Lot Homes Scheme "2938 by M/I Homes, sheets 1 and 3. June 11, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme "2938' by MI1 Homes, sheet 2. December 20, 2001, Floor Plans and Elevations for 60' Lot Homes Scheme "2941" by MA Homes, sheets 1 and 3. June 11, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme "2941" by M/I Homes, sheet 2. June IO, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme "3194" by M/I Homes, sheet I. December 20, 2001, Floor Plans and Elevations for 60' Lot Homes Scheme "3194" by M/I Homes, sheets 2 through 3. June 10,2002, Plot Plans for Townhouses by M/I Homes, one sheet. December 28, 2001, Floor Plans and Elevation for Townhome Type "1" by MA Homes, sheets 1-1 through 1-6 (sheets 1-1 and 1-4 dated June 11, 2002). 8 Date Prepared: June 9,2005 Resolution 94,2005 1 2 4 5 6 7 2002). 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 37. December 28, 2002, Floor Plans and Elevations for Townhome Type "2" by M/I Homes, sheets 2-1 through 2-6 (sheets 2-1 and 24 dated June 11, 38. December 28, 2002, Floor Plans and Elevations for Townhome Type "3" by M/I Homes, sheets 3-1 through 3-6 (sheets 3-1 and 3-4 dated June 11, SECTION 6. Said approval shall be consistent with all representations made by SECTION 7. This Resolution shall become effective immediately upon adoption. 3 2002). the applicant or applicant's agents at any workshop or public hearing. (The remainder of this page left intentionally blank) 9 Date Prepared: June 9,2005 Resolution 94,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this 75” day of SJL~ ,2005. CITY OF PALM BE BY: ATTEST: BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN J J --- --- COUNCILMEMBER LEVY J-- COUNCILMEMBER VALECHE --- COUNCILMEMBER BARNETT --- J J G:bttomey-shareWESOLUTIONS@bles doa - reso 94 2005.doc 10 February I, 2001 March 5,2001 ORDINANCE 4, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM TOLL BROTHER’S DEVELOPMENT COMPANY, INC. FOR DEVELOPMENT OVERLAY ZONING WITH UNDERLYING ZONING OF RL-3 (RESIDENTIAL LOW) TO ALLOW FOR A 434.19 ACRE, 530 DWELLING UNIT RESIDENTIAL COURSE AND A 45,000 SQUARE FOOT CLUBHOUSE FACILITY LOCATED DIRECTLY EAST OF THE INTERSECTION OF HOOD ROAD AND ALTERNATE AlA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. APPROVAL OF A RE-ZONING TO PLANNED COMMUNITY COMMUNITY WHICH INCLUDES AN 18-HOLE GOLF WHEREAS, the City of Palm Beach Gardens received an application from Toll Brother’s Development Company for approval of a 434.19 acre, 530 dwelling unit residential community which includes an 18 hole golf course and a 45,000 square foot clubhouse facility, located directly east of the intersection of Hood Road and Alternate AlA, as more particularly described in Exhibit “A attached hereto; and WHEREAS, the 434.19 acre site is currently zoned Planned Development Area; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the Planned Community Development (PCD) known as Frenchman’s Reserve; and WHEREAS, the City’s Planning and Zoning Commission has 18 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PC0-00-07 reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves a 434.19 acre, 530 dwelling unit residential community which includes an 18 hole golf course and a 45,000 square foot clubhouse facility, located directly east of the intersection of Hood Road and Alternate AlA, as more particularly described in Exhibit “A attached hereto and incorporated herein by this reference. SECTION 2. Said Planned Community Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Project Plans and Uses Fee simple residential lots shall not include parkways, landscape easements or buffers, lake maintenance areas or any water management area, golf course or any other community-serving open space (Planning and Zoning). Parcel access illustrated on the master plan is conceptual in nature and shall be subject to site plan review and modification for geometry, operational and safety design details. The County must also approve parcel access points onto Palm Beach County roadways (City Engineer, Planning and Zoning). Public road cross-sections, to be dedicated to Palm Beach County, are conceptual in nature and shall be subject to joint review by Palm Beach County and Palm Beach Gardens (City Engineer). If the site plan approval has not been obtained and the applicant desires to clear and rough fill a pod during the construction of lakes, the applicant shall obtain approval from the Growth Management Department prior to performed said work (City Engineer). Within thirty days following the issuance of the first Certificate of Occupancy in Pod GI the petitioner shall remove the temporary information center and parking area (Planning and Zoning). 19 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PCD-00-07 During the course of the development, all property within the PCD shall be platted (City Engineer). Environmental Preservation and Landscaping The applicant, successors, or assigns shall be responsible for the installation and maintenance of the landscaping (including irrigation, electricity, mastarm lighting, crosswalk pavers, and overhead power) in the medians and along the eastern road shoulders of Alternate AIA for those sections of the roadway adjacent to the Frenchman’s Reserve Planned Community Development (PCD). The landscape plans for Alternate AIA shall be prepared by the applicant based on the City Roadway Beautification Master Plan, when said plan is adopted by the City. The Alternate A1A landscaping shall be installed prior to the first certificate of occupancy of Pod G, or the applicants shall place monies, in an amount equal to 110% of the cost of the landscape improvements, in an escrow account established by the applicant to be used by its successors or assigns to complete the project. The City shall require, as a condition of approval of any new project located west of the Frenchman’s Reserve PCD, that such new project shall bear its proportionate share of the cost of the continued maintenance of Alternate A?A landscaping. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of Alternate A1 A, then the Frenchman’s Reserve property owners association shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City Palm Beach Gardens (Planning and Zoning). Within 90 days of the effective date of this development order, the applicant shall submit detailed landscaped plans of the eastern shoulders of Alternate AIA right- of-way, including medians, for that portion adjacent to the applicant’s property and post surety acceptable to the City and Palm Beach County for installation of said landscaping. These plans shall be consistent with the proposed expansion of Alternate AI A from four to six-lanes. lnstallation of landscaping shall occur concurrent with the widening of Alternate AIA (Planning and Zoning). Prior to approval of construction plans or commencement of land alteration, whichever occurs first, the applicant shall provide a management plan for golf course construction to ensure Best Management Practices are incorporated to eliminate the potential for nutrient laden runoff into the wetlands. Techniques may include spreader-swale, inverted fairways, etc. The plan shall also include development pod, golf course and cart path topographic elevations (City Forester, City Environmental Consultant). 20 Ordinance 4 , 2001 Meeting Date: March 15 , 2001 Date Prepared: March 5,2001 Petition PCD40-07 10) The applicant shall take extreme caution when filling in and around preservation areas to ensure the protection of the root zone and canopy drip line area. No detrimental changes in pH and topography/drainage may result in disturbance or destruction of the preserve areas. Applicant's landscape architect and/or environmental consultant during land alteration/construction activities shall monitor protection of the preserve and buffer areas (City Forester, City Environmental Consultant). 11) The proposed project shall be micro-sited to ensure the protection of listed plant and animal species, ensure that the highest quality wetlands and uplands are preserved intact and ensure that an adequate buffer is maintained around all preserved areas (City Forester, City Environmental Consultant). 12) Prior to commencement of land alteration and/or construction, certification shall be required from the applicant's landscape architect and/or environmental consultant stating the highest quality preserve and buffer areas and all listed plant and animal species have been maintained on-site within a functional ecosystem (City Forester, City Environmental Consultant). 13) All preserve areas, native vegetation, and trees to be preserved shall be identified with protective fencing. The Growth Management Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that the areas identified pursuant to Chapter 102-1 O(5)e and the approved Preservation/Relocation Plan are protected (City Forester, City Environmental Consultant). 14) Within nine (9) months of the effective date of this development order, the applicant shall submit detailed on-site road right-of-way and parkway/buffer landscape plans for all public roads and adjacent common space areas, including pump station screening, for Growth Management Department approval. The landscape plans for public roadways shall include conceptual median landscape details. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Said landscaping shall be installed consistent with the Master Plan (Planning and Zoning). 15) Detailed road right-of-way and buffer landscape plans for non-public roadways shall be reviewed and approved by the Growth Management Department prior to issuance of a permit to construct said road or phase thereof (Planning and Zoning). 16) Prior to commencement of land alteration/construction of any golf courses, a 21 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PCD00-07 conceptual landscape plan and grading plan for the entire golf area (faitwaydroughs, cart path areas, etc.) to be constructed shall be reviewed by the Department, in consultation with the City Environmental Consultant. The plans shall detail and locate all golf cart and maintenance pathways, bridges, golf course structures, utility easements, vegetation to be preserved or relocated, and new landscaping (Planning and Zoning, City Environmental Consultant). Within nine (9) months of the effective date of this development order, the applicant shall submit detailed PCD buffer plans for Growth Management Department approval. The maintenance of the landscaping shall be the obligation of the applicant andlor its successors and assigns. Buffers shall be installed consistent with the PCD Buffer Plan (Planning and Zoning). Preserves and buffers shall be unencumbered by maintenance, utility or drainage easements, except as otherwise approved in the cross-sections or as may be permitted in certain locations subject to Growth Management Department approval (Planning and Zoning). The removal of exotic vegetation, and the relocation of native vegetation anywhere within the PCD may commence upon PCD approval. The City and the petitioner's environmentaVlandscaping consultants shall monitor this work. No clearing of native vegetation shall occur until confirmed to be ready for such work by consultants through the City Forester and the Building Official. Signaqe The Planning and Zoning Commission and City Council shall review all entry features to the project, including entry signage, water features, clocktowers, other architectural features, and landscaping, as well as a master signage program, as a separate petition (Planning and Zoning). Dedication and Improvements The applicant and/or its successors or assigns shall be responsible for the dedication and conveyance of a two acre site to be used for a firelrescue and police substation as illustrated in the Master Plan. The applicant shall provide water, sewer, drainage and gas (if applicable) connections to the site concurrently with the construction of Hood Road. Such dedication and conveyance shall occur within 30-days following approval of golf course maintenance facility site plan (Planning and Zoning). 22 Traffic Concurrency and Circulation 22) Prior to the first certificate of occupancy, the applicant shall install the meandering eight foot sidewalk along the portion of Alternate AIA that is adjacent to the site (City Engineer). 23) All land areas within the project shall have completed the recordation of plats, and the installation of on-site and off-site infrastructure and common landscaping (or providing surety for the same) prior to December 31,2004. (City Engineer). 24) Prior to March 30, 2002, the applicant shall construct Hood Road to a point of Substantial Completion as approved by the City Engineer and Fire Chief. Substantial Completion for Hood Road shall be defined as follows: the first lift of asphalt shall be installed; a complete and operable drainage system shall be installed; striping, if necessary, shall be installed; access of the entire alignment shall be provided for use by the City of Palm Beach Gardens Fire Department; and approval for use of the road by the Fire Department shall be granted by Palm Beach County. The installation of landscaping, sidewalks, or lighting fixtures is not required for substantial completion. After March 30,2002, no additional building permits (residential, sales center, models, recreation facility, etc. with the exception of the proposed Fire Station) shall be issued unless the City accepts substantial completion for Hood Road as noted above (City Engineer). 25) Prior to the issuance of the first residential building permit for each pod with the exception of the model center, the City shall accept the Substantial Completion of the Spine Road adjacent to and providing access to said pod as approved by the City Engineer. Substantial Completion for the Spine Road is defined as follows: the first lift of asphalt and a complete and operable drainage system shall be installed. The installation of landscaping, sidewalks, or lighting fixtures is not required for substantial completion (City Engineer). 26) Prior to the issuance of the first residential building permit for each pod with the exception of the model center, the supporting public infrastructure of said pod shall be constructed and approved by the City. The roadway portion of each pod shall be constructed to a point of Substantial Completion. Substantial Completion for the roadway within the pod is defined as follows: the first lift of asphalt and a complete and operable drainage system shall be installed. Staff notes that the installation of landscaping, sidewalks or lighting fixtures are not required for Substantial Completion (City Engineer). 27) Prior to the issuance of the first building permit for any structure, the applicant 23 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5 , 2001 Petition PCD-00-07 shall provide surety that is acceptable to the City for the construction of the public improvements for the Spine Road. The applicant shall provide an annual evaluation and adjustment of the surety for the Spine Road to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed prior to the first day of February of each year (City Engineer). 28) Golf Course membership shall be exclusive mainly to the residents and their guests. Non-resident memberships shall be permitted until development has reached 640 trips from build-out, at which time non-resident memberships shall no longer be valid (Traffic Concurrency Condition). 29) No more than 1,589 daily trips (any combination of single and multi-family units generating 1,589 daily trips) may be permitted until the widening of Alternate AIA from PGA Boulevard to Hood Road has commenced. This improvement is part of the County assured construction program (Traffic Concurrency Condition). 30) No more than 2,336 daily trips (any combination of single and multi-family units generating 2,336 daily trips) may be permitted until the construction of PGA Boulevard/Alternate AIA flyover has commenced. This improvement is part of the County assured construction program (Traffic Concurrency Condition). 31) No more than 2,920 daily trips (any combination of single and multi-family units generating 2,920 daily trips) may be permitted until the addition of eastbound and southbound through lanes has commenced at the intersection of Alternate AIA and Hood Road (Traffic Concurrency Condition). 32) No more than 3,451 daily trips (any combination of single and multi-family units generating 3,451 daily trips) may be permitted until the addition of exclusive right- turn lanes to the northbound, westbound and eastbound approaches at the intersection of Alternate AI A and RCA Boulevard (Traffic Concurrency Condition). 33) No more than 3,662 daily trips (any combination of single and multi-family units generating 3,662 daily trips) may be permitted until the construction of dual-left turn lanes on the westbound and eastbound approaches at the intersection of Military Trail and Donald Ross Road (Traffic Concurrency Condition). 34) No more than 4,385 daily trips (any combination of single and multi-family units generating 4,385 daily trips) may be permitted until the conversion of one right- turn lane to a left-turn lane (to provide triple left turns) on the northbound approach at the intersection of PGA Boulevard and Victoria Gardens Avenue. It should be noted that in the event that the FDOT does not approve this change in lane configuration, a third left turn lane needs to be added to the northbound approach 24 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PCD-OO-07 (Traffic Concurrency Condition). No more than 4,957 daily trips (any combination of single and multi-family units generating 4,957 daily trips) may be permitted until the construction of an additional exclusive northbound left-tun lane at the intersection of Alternate A1 A and Donald Ross Road (Traffic Concurrency Condition). For all required improvements that are not included in the County assured construction program, the Developer may enter into a Public Facilities Agreement (PFA) acceptable to the City within 6-months of the issuance of the Development Order, and before the first building permit is issued or provide the City with Surety (1 10%) to guarantee the construction of said improvements (City Engineer/Traffic Concurrency Condition). The applicant shall signalize the intersection of Hood Road and Alternate A1A prior to the Certificate of Occupancy for the Fire Station or prior to August 31, 2002, whichever comes first. The signal shall be installed to be fully operational, including all appropriate lane geometry (as determined by Palm Beach County and the Florida Department of Transportation), pavement markings, signage, lighting, etc. as approved. The signal shall be linked to the fire station for use as a pre-emptive signal until the activation of the full signal is warranted (City Engineer). The developer shall perform an annual Signal Warrant Study for the intersection of Alternate A1A and Hood Road until such time that a fully operational signal is warranted. The existing signal described in Condition No. 37 above shall be made active once the intersection warrants a signal and meets the approval requirements of Palm Beach County and the Florida Department of Transportation. The developer shall pay the cost of the traffic signal and the City shall reimburse the developer to the extent that the City collects funds pro-rata from other new developments having an impact on the intersection (City Engineer). Hood Road shall be fully constructed including all related improvements (landscaping sidewalk and lighting), approved by the City, and accepted by Palm Beach County prior to August 31, 2002 (City Engineer). Prior to the issuance of the building permit for Hood Road, the applicant shall provide surety that is acceptable to the City and to Palm Beach County for the construction of the public improvements for Hood Road. The “joint” surety shall be in a form that will be accessible to the City and/or Palm Beach County to install said public improvements (City Engineer). 25 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PCD-OO-07 No more than 1,788 daily trips (any combination of single and multi-family units generating more than 1,788 daily trips) shall be permitted until the widening of Prosperity Farms Road to four lanes from PGA Boulevard to Lone Pine Road has commenced. This condition does not apply if the road received a CRALLS designation (City Engineer). Prior to the issuance of the final certificate of occupancy for this project, the spine road and all of the internal roadways shall be fully constructed and approved by the City of Palm Beach Gardens (City Engineer). Prior to the first Certificate of Occupancy for a Pod, the applicant shall install the landscaping for the Spine Road adjacent to and west of said pod to the satisfaction of the City Forester (City Engineer). Prior to the issuance of the building permit for the Recreation Center, the applicant shall plat the entire Spine Road and provide surety for the construction of the same (City Engineer). Prior to the issuance of the Certificate of Occupancy for any building within the Recreation Center parcel, the applicant shall construct the Spine Road to a point of Completion, less the final lift of asphalt. Staff notes that the installation of landscaping, sidewalks, and lighting will be required along the south side of the spine road to accommodate safe pedestrian access to the Recreation Center. Temporary crosswalks shall be provided across the spine road from each pod entry to said southerly sidewalk (City Engineer). The applicant shall perform an annual Signal Warrant Study for the intersection of Prosperity Farms Road and Flamingo Road until such time that a fully operational signal is warranted or until the final Certificate of Occupancy of the project is issued, whichever comes first. If the signal becomes warranted within the above timeframe, the applicant shall contribute its pro-rata share of the installation cost of said signal (Planning and ZoningKity Engineer). The applicant shall dedicate the Hood Road right-of-way by August 31,2002 (City Engineer). Surface Water Management No construction of any portion of the surface water management system shall be undertaken without first submitting construction plans, specifications, and 26 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 PetiUon PCD-00-07 supporting computations for review and approval by the City. No construction of any portion of the surface water management system shall be undertaken without first submitting to the City plans, specifications and supporting computations for review and approval by the City (City Engineer). Any proposed changes to any South Florida Water Management District permit shall be concurrently submitted to the City for review and City approval (City Engineer). A sum total of area(s) constituting no less than 15% nor more than 25% of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline (City Engineer). Prior to the issuance of the first building permit, the applicant shall convey to the City in fee-simple ownership 40-feet of canal right-of-way lying north of the southerly property line of the subject parcel (City Engineer). Prior to the issuance of the first building permit, the applicant shall submit a design that is acceptable to the City Engineer for a means of conveying or for the flow of water in the Cabana Colony Canal and the proposed second outfall from NPBCID’s Unit 2 under or through the proposed second outfall from NPBCID’s Unit 2 under or through the proposed vehicular access to the Golf Course Maintenance Facility, including any increased flow from the proposed second outfall from NPBCID’s Unit 2 (City Engineer). Prior to the issuance of the first building permit, the applicant shall provide to the City a recorded copy of a drainage easement and a drainage agreement between the developer and Palm Beach County for any proposed stormwater discharge into and through Frenchman’s Forest (City Engineer). The applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a stormwater Notice of Termination. 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 including but not limited to Frenchman’s Creek, 27 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March S,2001 Petition PCD-00-07 Frenchman’s Landing, Frenchman’s Forest and Cabana Colony. 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. 56) Prior to the issuance of any permits for construction of residential homes and golf club facilities, a contract shall be let and a notice to proceed shall be issued by the applicant for the construction of that portion of the surface water management system such that legal positive drainage, required levels of service, and performance standards for flood protection in accordance with the City’s codes and ordinances are achieved so that in the event the project is temporarily or permanently discontinued, the partially constructed system will meet all required surface water management system levels of service and performance standards. No Certificates of Occupancy will be issued until the approved phased portion of the surface water management system has been completed, certified by the engineer of record, and determined acceptable by the City Engineer and SFWMD. 57) The applicant shall work with Frenchman’s Creek’s Property Owners Association to resolve the issues discussed in the letter dated March 14, 2001, from Frenchman’s Creek to the City’s Growth Management Department. The resolution of the issues shall include a plan of improvements, schedule of completion and a monitoring schedule after completion. The plan and schedules shall be submitted for review, and approved by the City Engineer prior to the issuance of the first building permit, excluding the sales trailer. School Board 58) The applicant, successor or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District (Planning and Zoning). Uti I i t ies 59) All utilities shall be placed underground and within road rights-of-way or recorded easements, unless specifically approved by the Growth Management Department (Planning and Zoning). 60) Upon approval of the development order, the applicant shall secure a “Seacoast Utility Authority Capacity Allocation Commitment for Public Water and/or Sewer 20 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PCD40-07 Service”, which shall be verified by the delivery of a fully executed copy of the document to the Planning and Zoning Division within 30 days if granting the development order (Planning and Zoning). 61) Prior to the issuance of the building permit for each Pod, along with corresponding access and common spaces, the applicant shall provide approval letters from the appropriate utilities to relocate existing easements (Planning and Zoning). Public Safety 62) Crime Prevention Through Environmental Design (CPTED) principles established through cooperation with the City’s Crime Prevention Division shall be utilized during the site planning of the development parcels (Police Department, Planning and Zoning). 63) The applicant and/or its successor and assigns shall provide a stabilized road base, subject to City standards, for fire/emergency access to each development parcel prior to the start of construction within said parcel (City Engineer, Fire Department). Disclosure 64) Prior to the issuance of the first residential building permit, except model homes, the master property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County (City Attorney). 65) An annual report shall be submitted to the Growth Management Department by February 14* of each year, until the project has reached buildout, that describes the projects current status and compares its progress with the provisions of the development order (Planning and Zoning). SECTION 3. Waivers are hereby granted with this approval, as indicated in exhibit “B” attached hereto. SECTION 4. Construction of the Planned Community Development shall be in compliance with the following plans on file with the City’s Growth Management Department: 29 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PCD-00-07 Official Exhibits: 1. 2. 3. 4. 5. 6. 7. 8. 8. 9. 10. 11. 12. 13. 14. 15. 16. March 2, 2001 Master Site Plan, Land Design South, 1 Sheet December 14,2001 PCD Buffer Plan, Krent Wieland, LA-PCD-1 November 7, 2001 PCD Buffer Plan, Krent Wieland, LA-PCD-2 through LA-PCD-9 January 29,2001 Hood Road Landscape Plan, Krent Wieland, LAHR- 1 through LA-HR-7 January 29,2001 Flamingo Road Landscape Plans, Krent Wieland, LAFR-1 through LAFR-5. August 16,2000 Hood Rd. and Alternate AIA Conceptual Landscape Plans, Krent Wieland, LA-El through LA-E4. September 27,2000 Detail Sheet, Krent Wieland, LAHR-8 December 15, 2000 Spine Road Landscape Detail, Krent Wieland, January 18,2001 Master Drainage Plan, The Wantman Group, 2 Sheets January 18, 2001 Paving, Grading and Drainage Plan, Wantmann Group, 14 Sheets January 18, 2001 Pavement, Marking and Signing Plan, Wantmann Group. December 15,2000 Hood Road/Flamingo Road Roadway Sections, Palm Beach County Engineering, 22 Sheets December 14, 2000 Wetland Mitigation, Typical Cross Sections, CRZ Environmental, 1 Sheet September 12,2000 Mitigation Site Plan, CRZ Environmental, 1 Sheet October 2, 2000 Lighting Plan, Lighting Dynamics, Inc., Sheets L- through L5. November 8, 2000 Boundary Survey, Petzgold and Associates, 2 Sheets July 15, 1999 Topographic Survey, Landmark Surveying & Mapping Inc., 4 Sheets LA-GLT Supportin9 Documents: 17. 18. 19. 20. June 9, 1999 Traffic Impact Analysis, Yvonne Ziel Associates September 19, 1999 Application for Alteration of Environmentally Significant Lands, Land Design South August 2000, Uplands Preserve Management Plan, Gaia Consortium, Inc. February 2, 2001 Memorandum of Understanding, Frenchman’s Creek Homeowners Association, 1 Sheet 30 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PCD40-07 SECTION 5. This approval expressly incorporates all representations made by the developer of its agents at any public meeting or hearing. SECTION 6. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 7. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 8. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS /5*DAY OF 66 2001. PLACED ON SECOND READING THIS& DAY OFplnn 2001. PASSED AND ADOPTED THIS /s' DAY OF MA< 2001. *@ CLk ATTEST BY: 31 / . Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PCD00-07 CITY GLERW APPROVED AS TO LEGAL FORM AND SUFFICIEJ$2Y BY: CITY AKORNEY VOTE: AYE MAYOR RUSSO J VICE MAYOR JABLIN / COUNCILMAN CLARK J COUNCILPERSON FURTADO / COUNCILMAN SABATELLO 7 NAY ABSENT \\FILE-SRV\COMPROG\Short Range\pcd9907orl .doc 32 BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/20 10 CONCURRENCY SERVICE AREA - 1 BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010 CONCURRENCY SERVICE AREA - 2 I BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/20 10 CONCURRENCY SERVICE AREA - 3 BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/20 10 I I IIIII I 1.1 I I I I I I Ill I I I I111 111 111 111 I BOARD ADOPTED SCHOOL CONCURRENCY It nuu 8/3/2010 1 MI.- .mal ubl lZll sa I ba CONCURRENCY SERVICE AREA - 5 I 1 I Isrilubll w I Y I - I school h 110 HLW mH BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010 CONCURRENCY SERVICE AREA - I BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/20 10 Concurrencv Service Area 9 .- BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/20 10 CONCURRENCY SERVICE AREA - 10 BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010 BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/20 10 CONCURRENCY SERVICE AREA - 12 BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010 CONCURRENCY SERVICE AREA - 14 BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010 BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/20 10 CONCURRENCY SERVICE AREA - 16 BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010 BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010 BOARD ADOPTED SCHOOL CONCURRENCY TABLE BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010 BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010 BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010 BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010 I BOARD ADOPT€D SCHOOL CONCURRENCY TABLE 8/3/2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 2,201 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTIONS 163.3177 AND INITIATED AMENDMENT WHICH PROVIDES FOR THE ANNUAL SCHEDULE WITHIN THE CAPITAL IMPROVEMENTS ELEMENT, INCLUDING REVISED TEXT NECESSARY TO UPDATE TABULAR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING THAT THE TEXT AND DATA, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT OR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A CITY- UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS WHEREAS, the City Council adopted the City of Palm Beach Gardens Comprehensive Development Plan on January 4, 1990; and WHEREAS, the City Council adopted Ordinance 8, 2005 on June 16, 2005, which required an annual update of the Five-Year Schedule of Capital Improvements; and WHEREAS, Policy 9.1.1 .I. of the City’s Comprehensive Development Plan requires all capital facility projects (renewal and replacement) needed to achieve and maintain the adopted level of service and which are over $50,000 in estimated costs to be included in the Five-Year Schedule of Capital Improvements; and WHEREAS, the City Council has determined that it is necessary to repeal Table 9A and Table 9B of the Capital Improvements Element and readopt same, as revised, in order to update the Capital improvements Element consistent with Policy 9.1.1.1. and Ordinance 8, 2005; and WHEREAS, on January 11, 2011, the Planning, Zoning, and Appeals Board, sitting as the Local Planning Agency, recommended approval of this amendment to the Capital Improvements Element of the Comprehensive Plan by a vote of 7-0; and WHEREAS, the City of Palm Beach Gardens has held all duly required public hearings and has received public input and participation through public hearings before the Local Planning Agency and the City Council in accordance with Section 163.3184, et seq., Florida Statutes; and Page 1 of 3 Ordinance 2, 201 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council finds that this amendment is consistent with the City’s Comprehensive Development Plan; and WHEREAS, the City Council desires to adopt the amendment to the current Comprehensive Development Plan to guide and control the future development of the City, and to preserve, promote, and protect the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Capital Improvements Element of the City’s Comprehensive Plan is hereby amended by repealing Tables 9A and 9B and readopting same as revised; providing that Tables 9A and 9B shall hereinafter read as shown in Exhibits “A” and “B”, respectively, which are attached hereto. SECTION 3. The City’s Director of Planning & Zoning is hereby directed to transmit one (1) copy of the amendment to the current Comprehensive Development Plan to the State Land Planning Agency within ten (IO) working days of adoption, along with a copy of the executed adopting ordinance, ordinance effective date, a copy of the public hearing notice, and all other necessary documents in accordance with Section 163.31 87, et seq., Florida Statutes. A copy of the above shall also be sent to the Treasure Coast Regional Planning Council and to any other unit of local government that has filed a written request for same. SECTION 4. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 5. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 6. Specific authority is hereby granted to codify this Ordinance SECTION 7. This amendment shall become effective thirty-one (31) days after adoption. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If the Ordinance is timely challenged by an “affected person” as defined in Chapter 163, Florida Statutes, the amendment does not become effective until a final order is issued finding the amendment in compliance. Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 2. 201 1 PASSED this day of , 201 1, upon first reading. PASSED AND ADOPTED this day of , 2011, upon second and final reading. CITY OF PALM BEACH GARDENS BY: David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember Marcie Tinsley, Councilmember ATTEST: -~ Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney FOR G:\attorney-share\ORDINANCESPOl l\Ordinance 2 201 1 - cie.docx Page 3 of 3 AGAINST ABSENT Ordinance 2, 201 1 EXHIBIT “A” TABLE 9A CITY OF PALM BEACH GARDENS CAPITAL IMPROVEMENTS ELEMENT (This replaces the previous Table 9A) FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS E ji 5% ill -- B i 1 E 3 1: I, H Ls I, I? h' R I N H P i P P 9 H E - B Ordinance 2, 201 1 EXHIBIT “B” TABLE 9B CITY OF PALM BEACH GARDENS SUMMARY OF CAPITAL IMPROVEMENTS PROGRAM FOR PALM BEACH COUNTY SCHOOL BOARD ADOPTED ON AUGUST 3,2010 (This replaces the previous Table 9B) 3 XI rn 5 f i rn m H 0 2 2 W ul W I: iu -4 E N A b W -4 I: L v g m N M P N s 0 VI P - m M N w t VI N W N r M N w z 0 W w W P M N w W W VI W W m m M N 2 W P -4 -4 w A ! 2 2 ! i a I ! C t r I h D 3 1 h h 5 ; h h h h ? Li c c h ? 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Y, -l (D P fJl cn UI w -4 i. -> N 'QNN &Nm -%: 53 VI ;; 2 R 8 Gl -0 -0 -0 -0 ic, -0 -0 mooooooo NOOOOOlOO lQ, VI 0 0 0 0 P . - 1 -J bOW--\NN ~OWAW-. DWNONO > io -0 -0 -0 -0 amoooo amoooo a Q) 0 0 8 0) VI 0 0 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 3,201 1 Petition No. LDRA-10-12-000036 Ordinance 3,2011 SubjectlAgenda Item: Ordinance 3,2011: Amendment to Code Section 78-49. Amendments to approved development orders. to establish an exemption process for minor architectural modifications. Public Hearing and First Reading: A City-initiated request to amend the City's Land Development Regulations (LDRs) in order to provide an exemption process from architectural review requirements for minor architectural modifications for residential Planned Community Developments (PCDs). [XI Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Development Compliance L B areh Wolfs, AlCP Resource, Manager Allysoh Black Approved By: City ManBer / , 1 Ronald M. erris Originating Dept.: Planning & Zoning: Project Manager & ~ ~ Martin Schneider, AlCP Planner [ ] Quasi - Judicial [XI Legislative [XI Public Hearing Advertised: [XI Not Required (Required at 2"d Reading) Date: NIA Paper: NIA Affected parties: [ ] Notified [XI Not Required Finance: Accountant Sarah Varga NIA Fees Paid: N/A Funding Source: [ ]Operating [XI Other NIA Budget Acct.#: - NIA City Council Action: [ ]Approved [ ] App. wl Conditions [ ] Denied [ ] Rec. Approval [ ] Rec. App. wl Conds. [ ] Rec. Denial [ ] Continued to: Attachments: Current LDR Section Ordinance 3, 201 1 78-49. Meeting Date: February 3, 201 1 Ordinance 3, 201 1 Page 2 of 5 EXECUTIVE SUMMARY Currently, any modification to a development order, even minor architectural modifications such as changes to building colors or roofing materials, require an amendment to the Planned Community Development (PCD). Staff believes an exemption process to the architectural review requirements of the City Code would be a benefit by reducing the time and expense for a residential community to obtain City approval for a minor modification within its community, and decreasing the amount of staff time and resources needed to review minor architectural modification requests. BACKGROUND The amendment will allow residential PCD communities that meet certain established criteria to be granted exemptions for minor architectural modifications. Once the exemption is approved, the PCD community can review and approve minor architectural modifications within its community without going through an additional City approval process. Staff evaluated the current approved development order process in the Land Development Regulations (LDRs), reviewed several established PCD development orders and site plans, and made field observations of a number of established PCD communities in the City. Based on this analysis, staff developed an exemption process for architectural review requirements. (The remainder of this page intentionally left blank) Meeting Date: February 3, 201 1 Ordinance 3, 201 1 Page 3 of 5 PROPOSED CITY CODE AMENDMENT Staff recommends approval of a text amendment to the following Code Section. The text amendment adds a new letter “(e)” to Section 78-49, which regulates amendments to approved development orders (Deletions are st-w&, new language is underlined): Sec. 78-49. Amendments to approved development orders. (a)-(d) (These paragraphs shall remain in full force and effect as previously adopted.) {e) Exemptions to architectural review requirements. The growth management director, or designee, may administratively approve exemptions from city council review and approval for minor architectural modifications to the exteriors of residential structures previouslv approved bv development order as part of a residential planned community development (PCD). An application for exemption shall be processed administrativelv in accordance with this section. However. the growth management director may require city council review and approval if it is determined that the modification sought does not constitute a minor modification as set forth herein. Applications for exemptions shall be reviewed pursuant to the following criteria: /I) Minor architectural modifications shall be limited to building color, roofinq materials/color, and other minor architectural features, such as window and door treatments or architectural trim or decorations, so long as such modifications do not alter or deviate from the overall architectural stvle of the development, as determined bv the growth management director, or designee. Minor modifications shall specificallv exclude patio enclosures, conversion of screen enclosures into enclosed rooms, garage conversions, buildinq additions, or any encroachment into established setbacks. /2) Onlv residential PCD communities that have an active, resident-controlled propertv owners association (POA) with the authoritv to enforce community architectural standards shall be eligible to applv for an exemption from architectural review requirements. 13) The POA of the community seekinq an exemption shall submit an application for an exemption to the qrowth management department. The application shall include documentation necessary to demonstrate the following: a. The POA is an active, legallv incorporated POA and continues to have authoritv within the development. b. The POA has community approval of the application, such as a vote bv the POA members and/or minutes of the POA board meeting approvinq submittal of the exemption application. Meeting Date: February 3, 201 1 Ordinance 3, 201 1 Page 4 of 5 c. The POA has notified its residents and propertv owners of the application for exemption. Such notice must be provided via U.S. mail to each propertv owner within the community and/or bv posting signs located at each entrancelexit of the community. d. Evidence that the POA has sufficient standards and powers in its POA documents to approve minor architectural revisions and to enforce architectural stand a rds. e. Application fee. f. Additional information mav be required bv the qrowth manaqement department in order to properly process the application. (4) Conditions of Approval. The growth management director, or designee, may approve, denv, or approve with conditions the exemption request. [5) Appeals. A petitioner mav appeal the administrative decision of denial or approval of the exemption to the planning, zoning, and appeals board in accordance with the procedures set forth within section 78-56. Appeals and reconsideration. DISCUSSION The proposed LDR amendment would establish an administrative process to approve exemptions for minor architectural modifications within PCDs for PCDs that meet certain criteria. The proposed amendment describes the types of architectural modifications that would be considered minor and describes the changes that would not be considered minor, which would not be exempt from City review. The proposed LDR amendment establishes criteria to ensure the community has a resident-controlled Property Owners Association (POA) that is an active corporation registered with the State of Florida with authority to oversee architectural standards within the community. The criteria also require that the POA demonstrate it has community support for the exemption request through a vote of POA members or board meeting minutes, and has notified community residents and property owners of the application for exemption through mailings and/or postings. In addition, the POA has to demonstrate through its documents that it has sufficient standards and powers to approve architectural modifications and enforce architectural standards in the community. Most residential PCD communities are not visible from public rights-of-way and often have private or limited access internal roadway systems. In most cases, PCD communities are set well back from public streets and have landscaped parkways and/or walls to buffer the community from view of the general public. PCDs typically have master POAs to regulate the community's architecture and appearance and maintain its common areas. In most cases, these POAs have architectural review boards or community appearance boards and are already self-enforcing their community architectural standards. Meeting Date: February 3, 201 1 Ordinance 3, 201 1 Page 5 of 5 The proposed amendment allows residents within exempt PCD communities to make minor modifications to their properties without requiring City involvement. For example, under the current code requirements, residents within PCDs who want to change the color or type of roof, paint exterior walls a different color, or add decorative shutters would be required to go through the City’s PCD amendment process or site plan approval process. These processes entail submitting an application to the City, having the application reviewed by staff and the Development Review Committee (DRC), and/or going to public hearings before the Planning, Zoning, and Appeals Board (PZAB) and City Council. In addition, the resident would still require approval from its POA. The proposed amendment would simplify this process for residents by eliminating the City’s review process. Residents will still require approval of minor architectural modifications from their POA. In summary, if a POA has the ability to review and maintain its own architectural standards, staff believes the proposed exemption can eliminate the need for the City to review minor architectural modifications within the PCD without negatively impacting the overall aesthetics of the City. The exemption process would create a more cost-effective, efficient process for PCDs to address minor architectural modifications within their communities, while providing criteria to ensure these communities have the ability to maintain the aesthetic quality expected within the City of Palm Beach Gardens. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On January 11 , 201 1, the Planning, Zoning, and Appeals Board (PZAB) recommended approval of the petition to City Council by a vote of 7-0. STAFF RECOMMENDATION Staff recommends approval of Ordinance 3, 201 1 as presented on first reading. LAND DEVELOPMENT 8 78-49 Sec. 78-49, Amendments to approved development orders. (a) Amendments to approved delrelopment orders. Criteria for amendments to approved development orders, including site plans, master plans, architectural elevations, conditions of approval, developer's agreements, project phasing, etc., are established by this section. For the purpose of this section, two types of amendments are created: (1) Major amendments; and (2) Minor amendments. (b) Major amendments. Development order applications for major amendments are re- viewed in the same manner as the original application. Major amendments to approved development plans include the changes listed below. Increase of intensity. Any change in nonresidential intensity which, in combination with prior minor amendments, cumulatively exceeds the limitations or standards listed below, a. Relocation. Any proposed relocation of the approved number of gross square footage which is equal to or greater than five percent of the approved gross square feet of all nonresidential structures. b. Decrease in required parking. Unless otherwise provided in this chapter, any proposed decrease of the existing number of parking spaces which is the greater of five percent of the existing parking spaces or 20 parking spaces. Decreases in required parking otherwise requiring action by the planning, zoning and appeals board or the city council shall not be considered a major amendment for the purpose of thia section. Increase in the number of structures. Any proposed increase in the number of principal or accessory structures that changee the overall intent of the original approval. Any proposed reduction of heavily utilized parking spaces as determined by the growth management director. c. d. Increase in density. Any increase in the approved number of residential units. Increase in building height above the height permitted in the applicable zoning district. Utility facilities. Any addition or relocation of outdoor utility facilities, including, but not limited to, the following: chillers, air-conditioning units, aboveground fuel tanks including propane or natural gas, electrical equipment such as junction boxes, and ground-mounted service boxes for public utilities such as telephones and cable television, which are deemed to be substantial by the growth management director. !This shall not apply to single-family lots or duplex lots. Boundary changes. Any proposed boundary change of the approved development plan. Supp. No. 11 CD78:41 8 78-49 PALM BEACH GARDENS CODE (6) Traffic impact. Any increase in overall traffic impact, except as may be provided in this chapter. (7) Character and appearance. Any amendment which would negatively impact the character or the appearance of an approved development. (8) Amenities. Any amendment which would materially decrease the number or size of amenities in all or a portion of any residential or nonresidential development. (9) Residential unit types. Any change in the approved mix of residential dwelling unit types that would require alterations of an approved plat. (10) Architectural style. Any change in the approved architectural style of residential dwelling unit types or nonresidential structures which results in: a. An architectural style that is out of character with the approved or existing architecture (e.g., change from Mediterranean style to neoclassical). New residential models that are substantially Werent from approved models. b. (11) Building materials. Any significant changes in exterior building materials that result in a downgrade as determined by the growth management director. (12) Changes to phasing or conditions. Any changes to an approved development phasing plan or any condition of development approval. (13) Changes to developer's agreements. Any changes to an approved developer's agree- ment. (14) Other changes. Any change to an approved plan or any change to an approved plan when considered cumulatively with prior minor amendments which, as determined by the growth management director, deviates materially from the approval granted by the planning, zoning, and appeals board or ci@ council. (c) Minor amendments. Minor amendments are changes to approved development orders that are not considered major amendments as previously defined. Minor amendments may be approved by the growth management director in consultation with other city st& and the development review committee. For the purpose of this section, site improvements such as the following are not considered a msjor amendment (1) Removal of parking spaces to preserve existing trees; creation of required utility easements; (2) Relocation of parking due to loss of site area to accommodate widening of public rights-of way; and (3) The installation of landscaping, screening, or buffering associated with city-approved improvements to a nonconforming lot or structure. Supp. No. 17 CD78:42 LAND DEVELOPMENT REGULATIONS 5 78-50 (d) Administrative variances. The growth management director or designee may issue administrative variances pursuant to the following conditions: Structural encroachments into setbacks of no more than ten percent. The growth management director may issue an administrative variance for structural encroach- ments into a setback of no more than ten percent of the setback, provided the structural encroachment does not encroach upon an easement. Conditions. The growth management director may impose such conditions in a development order granting an administrative variance as are necessary to accomplish the goals, objectives, and policies of the Comprehensive Plan and this section, including, but not limited to, limitations on size, bulk, location, requirements for lighting, and provision of adequate ingress and egress. Standards for granting administrative variances. When considering an administrative variance, the growth management director must determine that a) the variance is necessary because of practical difficulty peculiar to the land, structure, or building involved and which is not applicable to other lands, structures, or buildings in the same zoning district; b) the variance is the minimum variance necessary to alleviate the practical difXculty; and c) the variance will be in harmony with the general intent and purpose of the zoning code, and will not be injurious to the area involved or otherwise detrimental to the public welfare. Expiration of administrative variances. An administrative variance granted by the growth management director shall automatically expire under the following condi- tions: a. The variance shall expire 12 months from the date of the written determination of the growth management director granting the administrative variance if a building permit has not been issued in accordance with the plans and conditions upon which the administrative variance was granted; and The administrative variance shall expire if a building permit issued in accor- dance with the plans and conditions upon which the administrative variance was granted expires and is not renewed pursuant to the applicable provisions regarding renewal of building permits. b. Appeal of growth management director's decision. Apetitioner may appeal the written determination of the growth management director to the planning, zoning, and appeals board in accordance with the procedures set forth at section 78-56. (Ord. No. 17-2000,6 26,7-20-00; Ord. No. 17-2004,B 5,6-3-04; Ord. No. 19,2004, 0 3, 11-18-04; Ord. No. 30, 2008, 0 1, 12-4-08) Sec. 78-60. Miscellaneous review. (a) Nature ofreuiew. When a development order application is not consistent with any of the development review processes provided herein, the growth management director shall determine the specific nature of review. Supp. No. 23 CD78:43 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 3,2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY ADOPTING NEW SUBSECTION 78-49(e) IN ORDER TO CREATE EXEMPTIONS TO THE ARCHITECTURAL REVIEW REQUIREMENT PROCESS FOR MINOR ARCHITECTURAL MODIFICATIONS WITHIN PLANNED COMMUNITY DEVELOPMENTS (PCDs) AND ADOPT REGULATIONS PERTAINING TO PROCESSING EXEMPTION REQUESTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Palm Beach Gardens has determined that the existing Code of Ordinances does not contain regulations pertaining to exemptions to the architectural review requirement for minor architectural modifications within Planned Community Developments (PCDs) or to the processing of exemption requests; and WHEREAS, this Ordinance was reviewed by the Planning, Zoning, and Appeals Board, sitting as the Local Planning Agency, at a public hearing on January 11, 2011, and the Board recommended approval by a vote of 7 to 0; and WHEREAS, the City Council deems approval of this Ordinance to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. Chapter 78. Land Development. of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended by adopting new subsection 78-49(e); providing that Section 78-49 shall hereafter read as follows: Sec. 78-49. Amendments to approved development orders. (a)-(d) (These paragraphs shall remain in full force and effect as previously adopted.) Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 3, 201 1 /e) Exemptions to architectural review requirements. The growth management director, or designee, mav administrativelv approve exemptions from citv council review and approval for minor architectural modifications to the exteriors of residential structures previouslv approved by development order as part of a residential planned communitv development (PCD). An application for exemption shall be processed administrativelv in accordance with this section. However, the growth management director mav require citv council review and approval if it is determined that the modification sought does not constitute a minor modification as set forth herein. Applications for exemptions shall be reviewed pursuant to the followins criteria: /I) Minor architectural modifications shall be limited to buildinq color. roofing materials/color, and other minor architectural features, such as window and door treatments or architectural trim or decorations, so long as such modifications do not alter or deviate from the overall architectural style of the development. as determined by the growth management director, or desianee. Minor modifications shall specificallv exclude patio enclosures, conversion of screen enclosures into enclosed rooms, garage conversions, building additions, or any encroachment into established setbacks. /2) Onlv residential PCD communities that have an active, resident-controlled property owners association (POA) with the authoritv to enforce community architectural standards shall be eligible to applv for an exemption from architectural review requirements. 13) The POA of the community seeking an exemption shall submit an application for an exemption to the growth management department. The application shall include documentation necessaw to demonstrate the following: a. The POA is an active, legallv incorporated POA and continues to have authoritv within the development. b. The POA has communitv approval of the application, such as a vote by the POA members and/or minutes of the POA board meetinq approvina submittal of the exemption application. c. The POA has notified its residents and wopertv owners of the application for exemption. Such notice must be provided via U.S. mail to each propertv owner within the communitv and/or by posting signs located at each entrancelexit of the community. d. Evidence that the POA has sufficient standards and powers in its POA documents to approve minor architectural revisions and to enforce architectural standards. e. Application fee. Page 2 of 4 Ordinance 3, 201 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 f. Additional information mav be required bv the qrowth management department in order to properly process the application. (4) Conditions of Approval. The qrowth management director, or designee, mav approve, denv, or approve with conditions the exemption request. (5) Appeals. A petitioner may appeal the administrative decision of denial or approval of the exemption to the plannina, zoning. and appeals board in accordance with the procedures set forth within section 78-56. Appeals and reconsideration. SECTION 2. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 3. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 4. Specific authority is hereby given to codify this Ordinance. SECTION 5. This Ordinance shall become effective immediately upon adoption. (The remainder of this page intentionally left blank) Page 3 of 4 Ordinance 3, 201 1 1 PASSED this day of , 201 1, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2011, upon 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 second and final reading. CITY OF PALM BEACH GARDENS BY: David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember Marcie Tinsley, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney FOR AGAINST ABSENT .- 47 G:\attorney-share\ORDINANCES\201 I \Ordinance 3 201 I - architectural review exemptions-final.docx Page 4 of 4 CITY OF PALM BEACH GARDENS CITY CO U N C I L Agenda Cover Memorandum Meeting Date: February 3, 2011 Resolution 8, 2011 Su bject/Agenda Item: Resolution 8, 2011: Adopting an amendment to the Fiscal Year 20101201 I City Master Fees and Charges Schedule. [XI Recommendation to APPROVE -- [ ] Recommendation to DENY Reviewed by: Director q/Plqnning & Development Compliance NIA Bahareh Wolfs, AICP Approved By: c1 City Mana,yr / Originating Dept.: Planning & Zoning: Project Manager L Allvson Black Resource Manager [ ] Quasi - Judicial [XI Legislative [ ] Public Hearing Advertised: [XI Not Required Date: N/A Paper: N/A Affected parties: [ ] Notified 7 X] Not Required Funding Source: [ ]Operating [XIOther NA Budget Acct.#: NA City Council Action: [ ] Approved [ ] App. wl Conditions [ ] Denied [ ] Rec. Approval [ ] Rec. App. w/ Conds. [ ] Rec. Denial [ ] Continued to: Attachments: Resolution 8, 201 1 - Exhibit “A” Master Fees & Charges Schedule Meeting Date: February 3, 201 1 .- Resolution 8, 201 1 Page 2 of 3 BACKGROUND The City Council approved Resolution 57, 2010 on September 30, 2010, which adopted the Master Fees and Charges Schedule for FY 2010/2011. Since the approval, the City Council has approved numerous changes to the Code of Ordinances which require additional application fees to be added to the Master Fees and Charges Schedule (Schedule). The following are the adopted Ordinances and Resolution with the appropriate changes to the Schedule: 0 The City Council approved Ordinance 22, 2010 on September 16, 2010, which approved the requirement for a Dog-Friendly Dining Program. The Schedule has been amended to reflect the application fee. The City Council approved Ordinance 21, 2010 on September 30, 2010, which approved the requirement for an annual permit for commercial properties for leasing and for sale signs. The Schedule has been amended to reflect the annual fee. The City Council approved Ordinance 19, 2010 on October 21, 2010, which approved the requirement for a live entertainment permit. The Schedule has been amended to reflect the application and security deposit fee. The City Council approved Ordinance 18, 2010 on October 21, 2010, which removed the ability to request a waiver for residential Mixed-Use requirements from the Comprehensive Plan. The Schedule has been amended to remove the application fee. The City Council approved Resolution 80, 2010 on November 18, 2010, which set a schedule of regular City Council meetings only once per month with the option to call a special meeting should it be necessary. A developer may be on an expedited time schedule for a project and may want to request that a special City Council meeting be held for the City Council to vote on his/her/its project. A cost associated with holding the special City Council meeting has been added to the Fees and Charges Schedule. The Florida sales tax rate changed from 6.5% to 6.0% on January 1, 2011. Therefore, some of the recreation fees have been amended to reflect this change. Lastly, there are some minor administrative changes also included in this amendment. Please refer to Exhibit “A” for a comprehensive listing of the proposed changes by department. Copies of the Master Fees and Charges Schedule will be available to the public free of charge through the City Clerk’s office and is also available on the City’s website. Meeting Date: February 3, 201 1 Resolution 8, 201 1 Page 3 of 3 STAFF RECOMMENDATION Staff recommends approval of Resolution 8, 2011 as presented, with an effective date of February 4, 201 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION 8,2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA UPDATING THE SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY THE CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND OTHER MEMBERS OF THE PUBLIC FOR FISCAL YEAR 2010/2011; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, on September 30, 2010, the City Council approved Resolution 57, 2010 adopting the fees and charges schedule for FY 2010/2011; and WHEREAS, the City Council of the City of Palm Beach Gardens desires to update the schedule of fees and charges relating to various services rendered for the citizens of the City of Palm Beach Gardens and for other members of the public; and WHEREAS, the City Council desires to make certain the schedule of fees and charges is available for inspection such that any member of the public may be aware of the cost of each and every service provided by the City of Palm Beach Gardens; and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Any and all previous fees and charges schedules are hereby repealed in their entirety. SECTION 3. The City Council of the City of Palm Beach Gardens hereby approves the schedule of fees and charges attached hereto as Exhibit “A.” A copy of the fees and charges schedule shall be kept on file at the City and shall be available for review by the public. SECTION 4. This Resolution shall become effective February 4, 201 1. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 8, 201 1 PASSED AND ADOPTED this day of , 2011. CITY OF PALM BEACH GARDENS, FLORIDA BY: David Levy, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER RUSSO JABLIN TINSLEY AYE NAY ABSENT --- G:\attorney~share\RESOLUTlONS~Oll \Resolution 8 201 1 fee schedule update-201 0-201 1 .docx Page 2 of 2 Resolution 8, 201 1 EXHIBIT “A” FY 2010/2011 Fees and Charges Schedule City of Palm Beach Gardens Master Fees & Charges Schedule Effective Date February 3,2011 Adopted by Resolution 8,2011 1 h CITY OF PALM BEACH GARDENS PBG, FL 33410 10500 N. MILITARY TRAIL City Hall - Main Number 799-4 100 I Publi rks 804-7000 Finance Wpartment 799;-4160 htI s City of Palm Beach Gardens Master Fees & Charges Schedule TABLE OF CONTENTS Building Division ....................................................... 3 ....................... ................ .... 8 .................... 22 i Fire Rescue 9 25 Parks & 2 BUILDING DIVISION Plan Review Surcharge lO0/o of Building Permit Fee, $25 minimum. Penalty fee of 4 times the base plan fee will be assessed on the 4th and subsequent plan reviews. Expedited or out-of-sequence I lO0/o of Building Permit Fee, $75 Impact, and Processing Fees. Minimum Permit Fee Percentaqe of Valuation: 1.5 I Foundation Permit ( Phased Construction) Land Clearing: 25 acres or less Greater than 25 acres Rig ht-of-Wa y Permit Su b- Permit Ad mi n ist ra t ive Fee (applicable to all sub-permits that are issued over the counter and do not require an independent review) Temporary Construction Storage Con ta i ne r $75 Unit Va I ue : The first $100,000 plus The remainder (over $100,000) Residential: $250 Com mercial : $1,000 $250 $250 + $5 per acre for cleared land. 7% of Project Valuation, $75 minimum. $10 $50 3 BUILDING DIVISON (continued) Temporary Tents Temporary Signs - Commercial lper City Code) Temporary Signs- Commercial Annual leasing and for sale permit (per City Code) Temporary Signs - Residential and Not-for-profit (excludes garage sale, residential open house, and residential real estate signs, up to six square feet, per City code) Penalty for commencing work without first securing a permit or written approval $50 per trade inspected, plus Plan Review and Fire Department Fees. $75 + $25 Code Inspection Fee. $35 + $25 Code Inspection Fee. $25 Code Inspection Fee. Regular fee plus up to three (3) times the normal Building Permit Fee (at the discretion of the Buildinq Official). InsDection Fees Inspections by special request, same day, after hours, or weekend (subject to staffing availability and as subject to review by the Buildinq Official) Re-inspection Fee $75/hour, 2-hour minimum $50 for first re-inspection, $100 for second re-inspection, and $200 for third re-inspection and a nv subsea uent re-i nmections. 4 BUILDING DIVISON (continued) Major (i.e., changes in square footage, model, layout) Minor (i.e., minor changes to electrical, plumbing, windows, product approvals, etc.) Shop Drawinqs Prior to plan review being completed: no charge; After plan review is complete: $75 plus $10 per sheet reviewed. Prior to plan review being completed: no charge; After plan review is complete: $25 plus $10 per sheet reviewed. $75 Extension anc Application Extension Fee (prior to original expiration date) Application Renewal Fee (after but within 90 days of original expiration date) Permit Extension Fee (prior to expiration) Permit Renewal Fee (within 180 days after original date) Contractor Registration (per qua I i fier) Annual No-fee Sub-Permit Fax Proqram Permit Reissuance Fee (after 180 days of original expiration date, must meet current code and may require new submittal) $10 $200 annually (not pro-rated). Renewal Fees $25 $50 $25 $50 30% of original Building Permit Fee. $75 minimum, plus Plan Review Fee. 5 BUILDING DIVISION (continued) Other Address Correction after permit issuance Change of contractor after permit issuance (same location) Open Permit Status Request (per individual address or suite) Other Professional Services (Le., permit research, due diligence reports, insurance affidavits, etc.) Phased Occupancy, Conditional Certificate of Occupancy, or Completion Agreement (Original issuance valid for 90 days/extension renewals for 45 days; non-refundable and at Buildinq Official discretion). Radon and Building Certification Stocking Permit Training Surcharge Fees $50 per permit issued with incorrect address. $75 regardless of permit type. $40 $50/hour, or a portion thereof. Residential: $250/$125 Commercial : ~5,000 SF $750/$750 >5,000 SF $1,500/$1,500 Per State of Florida Statutes ~5,000 SF $250 >5,000 SF $750 2% of the Building Permit Fee and/or Revision fee, $2 minimum. * After a permit has been issued, if no inspections have been performed and the permit is not in an expired status, permits that are withdrawn or cancelled shall be refunded at 50% of the Building Permit Fee above $100. Building Permit Fees less than $100 will not be refunded. All other fees associated with the reviews or issuances of permits, aside from Impact Fees, are non-refundable. Building Permit Fees on any permits with inspections completed, regardless of their status, will not be refunded. Requests for Impact Fee refunds may require a separate request to be filed with Palm Beach County. All requests for refund must be made in writing at the time the withdrawal or cancellation is submitted. All fees are subject to review at the discretion of the Building Official, or authorized agents, to ensure fees assessed are consistent with the legislative intent of FS 553.80. 6 ENGINEERING DEPARTMENT Residential/Non-Residential Security Deposit Single Lot, Single-Family Residential or projects less than 25 acres; generally a mid-range, Single-Owner PUD project that may have small out-parcels; a single user with multiple structures or multi-phase project. Projects; 25 acres or greater and/or multiple users, multiple owners, multiple structures City Engineer $150 Enqineering Associate $105 Hourly Rates Enqineering Inspector $75 Engineering Administrative $50 SUPPOI? $1,000 $5,000 7 ENGINEERING DEPARTMENT (continued) NPDES Fees Inspections for the enforcement of the National Pollutant Discharge Elimination System (NPDES) will be performed hourly based on current City's Engineering hourly rates, unless the developer/builder applies for separate inspections as listed below. Acknowledgement of this condition will be required on each application subject to NPDES inspections. Sing le-family and multi-fa mil y building permits larger than 1 acre (up to 10 acres) or discharging into a storm water treatment serving a larger development that is greater than 1 acre All developments greater than 1 acre and up to 10 acres All developments greater than 10 acres and up to 50 acres All developments greater than 50 acres $460 plus $375 for every month of construction. $600 plus $500 for every month of construction. $750 plus $600 for every month of construction. 137 7 7 8 ENGINEERING DEPARTMENT (continued) Review Comprehensive Plan Amendment or Rezoning Engineering Review (if required) Development of Regional Impact (DRI) Maintenance of Traffic (MOT) Plan Review, not associated with any other engineerinq permit Planned Community Development (PCD), Planned Unit Development (PUD), or Amendments to PCD/PUD Plat Review Pre-Application Infrastructure Review Preliminary Conceptual Review Expedited permit review Site Plan Review during the development review process Fees Hourly rates as shown herein. Hourly rates as shown herein. One and a half (1.5) permit fee. 3 Hourly rates as shown herein. Hourly rates as shown herein. Hourly rates as shown herein. $5,000, plus $10,000 security deposit . First page $100. Second page $75. Third page forward $50. per page Hourly rates as shown herein 9 ENGINEERING DEPARTMENT (continued) Permi' Infrastructure Permit or Amendments to Infrastructure Permits (Private or Public) Site Liahtina/Photometric Permit ~ Driveway Permit (non-residential) Resurfacing Permit (non- residential) Rest ri pi ng Modification Perm it hon-residential Other Code Enforcement Commencina work without Permit Commencing work without pre- con st r uctio n meeti ng Informal research reauest Other engineering service reauests Overtime, weekend, or holiday inspections (subject to staffing availability and subject to review and approval by the City Engineer) Single-family or multi-family lot qradinq plan Surety reductions, releases, and any other changes in surety (each request or submittal) : Fees See Schedule A or Schedule B. lf4 Hourly rates as shown herein. See Schedule A or Schedule B.lf4 See Schedule A or Schedule B. lf4 See Schedule A or Schedule B. lf4 Fees Hourlv rates as shown herein. Triple permit fee. ' $180 plus applicable hourly rates as shown herein. Hourlv rates as shown herein. Hourly rates as shown herein. Minimum of 2 hours at the rate of one and a half (1.5) times the hourly rates as shown herein. $450 includes as-built review and insDections. 1 Hourly rates as shown herein. 10 ENGINEERING DEPARTMENT (continued) Valuation Schedule Projects with a construction cost estimate less than $100,000 will be charged hourly rates based on the City Engineers current the hourly rates. For purposes of estimating a permit fee, the certified construction cost estimate does not need to include items related to utilities or landscaping. Projects with a construction cost estimate equal to or greater than $100,000 will be charged 2% of the certified construction cost estimate. For purposes of estimating a permit fee, the certified construction cost estimate does not need to include items related to utilities or landscaping. Footnotes Includes project review and construction site inspections (does not include NPDES inspections if required). Projects requiring more than two (2) project reviews and/or more than two (2) failed inspections will require additional hourly fees based on the current City's Engineerinq hourly rates. Included, but not limited to, all applicable permits and all past, present, and future associated inspections. If the project is being charged at hourly, the hourly rates will automatically triple. This fee can be lowered at the discretion of the City Engineer. Double fee for only the review portion of the project, not the inspection portion, thus the fee being 1.5 of the normal fee. If the project is being charged hourly, the City's Engineering current hourly rates will be multiplied by 1.5. At the discretion of the City Engineer, in lieu of a certified construction cost estimate, a signed contract with a qeneral contractor can be acceptable. This fee applies only for non-Targeted Expedited Permitting Program (TEPP) certified projects. The expedited review will have a five (5) day turnaround time. Conceptual review is non-binding and simply an informal review by staff prior to submitting an application. Construction starts at the time of site clearing and ends at the time of complete stabilization of the site and submittal of the Notice of Termination (NOT) to FDEP. Fee only applies to permits seeking review of infrastructure plans prior to obtainina Site Plan amroval. *Security deposits for Engineering will only apply to permits with hourly rates. Applicants submitting for an Engineering permit with fixed rates will not need to provide a security deposit. Security deposit, as required above, will be returned only after all related outstanding invoice items have been billed and outstanding invoice monies receipted. Request for return of security deposit must be made in writing. Fees can be adjusted at the discretion of the City Engineer. 11 LEGAL DEPARTMENT Legal Review Security Deposit for Development Applications $1,000 12 PLANNING & ZONING DEPARTMENT Abandonment of Right-of-way Abandonment of Easement Administrative Application Administrative Approval; Minor Revision to Ap pl ica t ion Administrative Variance Appeal of an Administrative Determination Build Out Time Extensions Build Out Determinations Comprehensive Plan Land Use Map Amendment Comprehensive Plan "Small Scale" Land Use Map Amendment Comprehensive Plan Text Amendment Payable for the start of each month that the DRI is in process. $825 $330 $550 $50 $150 $400 Single-Family Residence (non- commercial) $1,000 All Other Uses $1,100 $2,750 $3,500 $2,750 $3,500 > After an application has been reviewed and approved for sufficiency, any permit application that is voluntarily withdrawn shall be refunded up to a maximum of 50% of the application fee. > All requests for refund must be made in writing to the Director of Planning and Zoning at the time the withdrawal is submitted. Security deposits will be returned only after all related outstanding invoice items have been billed and outstanding monies receipted. Request for return of security deposit must be made in writing. Additional costs for Developments of Regional Impact will be billed to the applicant. 13 PLANNING & ZONING DEPARTMENT (continued) Concurrency Certificate Concurrent Processing I Conditional Use - Maior $550 $550 $1,650 11 Conditional Use - Minor $550 $5,500 Development of Regional Impact (DRI) minimum fee for first 6 months 11 DRI Monthlv Fee after minimum (1) $825 11 DRI Amendment $3.300 Environmental Review Miscellaneous Petitions I Non-binding conceptual review by $1.100 $1,650 $1,000 Planninq & Zoninq I Non-binding conceptual review by City $2,500 I :::i:zbf Proposed Change (NOPC) $5,500 (substantial deviation under Chapter 380 of Florida Statue) 11 NOPC hon-substantial deviation) $3.000 Planned Communitv District (PCD) $3.850 $3.300 Planned Unit Development (PUD) PCD or PUD Amendment Plat Application Plat Exemption $2.475 $750 $550 $250 Sing le- Family Residential Rezoninq Fee (PUD/PCD/Zoning District) Site Plan Review (Major) & Site Plan I Amendment $2.475 $2,475 IISite Plan Review (Minor) $1,650 $1,650 $1,650 11 Subdivision Text Amendment of Land Development $440 $1,100 14 PLANNING & ZONING DEPARTMENT (continued) Review Fees Surety Bond Review and Release Non-Compliance Stop Work Review and Action $170 $500 Review Fee of Required Reports I$340 Administrative Approval Re-Submittal Fee $175 DRI Re-Submittal Fee $1,000 Re-Submittal Fees 11 NOPC Re-Submittal Fee I$l,OOO 11 PCD or PUD Re-Submittal Fee I$825 11 Site Plan Re-Submittal Fee Is825 Security Deposit Fees Advertising Security Deposit $1,000 Consu I ta nts/Ot her Security Deposit $1,000 Environmental Review Security Deposit $1,000 Other Fees 11 Advertisina PI at Recordation I Applicant Postponement Fee (Additional $25 per research hour if research exceeds two (2) hours) Code of Ordinances (binder included) 11 Zoning Book (binder included) Actual Costs to Citv. $30 first page; $15 each additional paqe. $250 $250 $150 $65 15 PLANNING & ZONING DEPARTMENT (continued) Misc. Meeting Fees Administrative Pre-Appl ication Meeti nq Pre-Appl ication Meeting $200 Compliance Status Meetings (per $200 Special City Council Meeting $1,000 $75 DRC No-show Fee $170 (prior to submittal) meeting ) Permit Fees Liquor License Review Special Event Permits that require Council Ap p rova I Special Event Permit Application (Non- Profit Organizations and block parties exempt from Application Fee and Code Inspection Fee) Special Events Appeal (non-refundable) Inspection Fees Landscape Inspection Landscape Re-Inspections I Com pl i a nce Review - B u i Id i ng Permit I Compliance C/O Inspection- First Compliance C/O Re-Inspections I $170 $550 + $50 Code Inspection Fee $110 + $50 Code Inspection Fee $55 $170 $170 x number of re- inmections $42 Single Residence (non-commercial) $170 All Others $170 $170 x number of re- inmections 16 PLANNING & ZONING DEPARTMENT (continued) $4 $7 Map Fees 8.5" x IS' IY x 17ll 17" x 24" 24"x 36" Black and White Engineering Prints (24" x 36") Comprehensive Plan with paper maps with Transparency Map GIs Fees Address Change Street Name Change/Subdivision Chanqe $50 Review of Residential Addressinq Plan Review of Commercial Addressing Plan $50 per address change; other fees may apply $200 $200 $300 Open Space CAD Review: Minimum 3- hour review; over 3 hours of review, an additional $300.00 will be charged for continuance of review of the Open Space CAD. $39 $49 17 NEIGHBORHOOD SERVICES I 11 Re-hearina Advertising, Recording, & Other costs $100 I 11 Release of Lien Business Tax Receipt and Application Fees Residential $100 I 11 Estoppel Letters Research Fee (Application) Re newa I Ad mi n i st ra tive Fee $100 $10 11 Filinq Fee 11 Boat/RV Decals $25 $100 Fine Reduction/Mitigation Hearing Lien Searches and Title Searches for Code Enforcement Activity $40 per property control number (10-day turnaround). $80 per property control number (2-dav exDedited turnaround). Actual Costs to City $50 $75 Certificate of Occupancy Re- Inspection Same-Day Certificate of Occupancy Inspection Off-Duty Code Officer Rate $100 $35/hour $25 $35 II Commercial II Professional $15 $10 $5 per license $10 each $175 $100 11 Retail Affidavit ~ Doq-Friendly Dininq Application Expedited Business Tax Receipt Approval (Approval within 2 days of amlication intake) 11 Live Entertainment Permit $175 11 Live Entertainment Suretv $500 Building Occupancy Inspection (if Out-of-Town Reaistration 11 required) $75 $10 $3 Duplicate Business Tax Receipt ( Re p r i n t 1 18 COMMUNITY SERVICES DEPARTMENT I- Fleet Services (Intergovernmental emergency assistance only, based upon resource availability, open only to other governmental iurisdictions) Small Vehicle Traffic Control (2 staff with Labor Assistance 11 Equipment Charge vehicle) 11 Maintenance of Traffic (MOT) Street Sweeping Fee: Includes labor and equipment Mosquito Spraying Fee: Includes labor, equipment and chemicals Pressure Cleaning/Graffiti Removal $100 per Street/Regulatory Sign $150 per Stop/Warning Sign Material costs plus labor: Other Signs $25/hr labor rate for design develop men t . $50/hr labor rate for sign installation DIUS materials. $llO/hr shop rate (4-hour minimum, plus parts). $45/hr (2-hour min. during regular business hours,3-hour min. callback). $50/hr equipment charge (paired- with duration of operator). $8/hr vehicle charqe $90/hr (2-hour minimum during regular business hours, 3- hour minimum call back). $45/hr for each additional staff member. As per FEMA 44 CFR fj 206.228 Allowable Cost. $135/hr (2-hour minimum after hou rs) . $95/hr (2-hour minimum after hours). $90/hr (2-hour minimum) during regular business hours with 3- hour min. call back). $45/hr for each additional staff member . 19 FINANCE DEPARTMENT *This fee is set by Ordinance. If a conflict exists between this document and said Ordinance, the Ordinance shall prevail. Franchise Filina Fee* I $1,000 Franchise Renewal Fee* $1,000 Copy of Budget or Proposed Transfer or Assignment of $500 Franchise Budqet Copy of Comprehensive Annual $25 Financial Report Amendments to Code $1,650 $40 Returned Check Fee $25 20 CITY CLERK'S OFFICE Facility Rental > Certificate of Insurance must be provided naming the City of Palm Beach Gardens as Additional Insured with respect to General Liability-minimum limit of $500,000. > Rental Hours: 8:OO am - 5:OO pm, excluding weekends and holidays. > After 5:OO pm, may require approval from City Manager or designee (as per Administrative Order CC: ADM 1). Photocopies .15 cents for one-sided copy no larqer than 8.5" x 14". .20 cents for two-sided copy. .30 cents for 11" x 17". $1.50 for 24" x 36" (normal qua I ity ) $2.25 for 24" x 36" (best/photo quality). Certified photocopies $1 per page. Audio tapespideo tapes $5 per tape. Com pact Discs $1 per disc. For all other copies Actual cost of duplication of the public record. Notary Service for non-City $3 Documents 1 Council Chambers (per meeting) $150/hr (2 hour minimum). Electronic Equipment Staff SUDDO~~ ISet-UP Fee- over basic set UD Is50 Storage Fee (depending on availa bilitvl $350 up to 5 days, $50 each additional dav. I Refundable Securitv DeDosit I$200 Cancellation and/or Re-Schedu lina Fee 21 POLICE DEPARTMENT Off-duty hourly rates are subject to the prevailing rates as approved by the City Council through the current Police Department’s collective bargaining agreement. The City‘s administrative fee of $10.00 per hour is included in the following hourly rates for the purpose of determining total billable charges: Off-duty details scheduled on the following days will include an additional fee per hour: Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, New Year’s Eve, Super Bowl Sunday, Easter, Memorial Day and Independence Day. Personnel I1 5-9 Officers ~~ 10-14 Officers 15-20 Officers Police Officer Su Pervisor Commander (A Commander may be required when 2 or more Sergeants are wor ki na) I SuDervisor 2 Supervisors 3 Supervisors 2 Sergeants I Commander $47/hour $52/hour $57/hour 22 POLICE DEPARTMENT (continued) Alarm Registration Fees: Commercial New Construction $35 Renewals $10 4-6 False Alarms $25 (per occurrence) False Alarm Fees: Residential 1 Equipment Vehicle $4/ ho u r Off-duty details additional fee per $5/hour hour 7-9 False Alarms $35 (per occurrence) 10+ False Alarms $40 (per occurrence) 23 POLICE DEPARTMENT (continued) False Alarm Fees: Commercial 4-6 False Alarms $25 (per occurrence) 7-9 False Alarms $35 (per occurrence) IO+ False Alarms $50 (per occurrence) Misuse of 911 or Emergency Call System Finger Printing Card $5 Resident (Maximum of $30 charged per person regardless of how many cards) Community Room Usage $250 Additional Fees $10 Non-Resident $30 per use 24 FIRE RESCUE DEPARTMENT Second $100 Fourth and subsequent $200 Any unproductive inspector trip $75 (Work not ready, locked out, plans absent, etc.) Hood (Excluding fire suppression system) $100 ~ Third $150 New and Existing Occupancies, Buildings, and Structures (To be Paid annuallv with the Citv Business Tax) I Special event hourly rates are subject to the prevailing rates as approved by the City Council through the current Fire Rescue Department’s collective bargaining agreement. The City’s Fee per hour will be added for the purpose of total compensation. Equipment rates apply to hourly rates only for the specified equipment and do not include personnel costs, which are in addition to the equipment rates. *Contingent upon approved State of Florida legislation for cost recovery . Assembly Occupancy: 50-299 $50 300-999 $75 1- 1,000-4,999 $150 5,000 Dersons or areater $250 25 FIRE RESCUE DEPARTMENT (continued) 1' Ed uca t i o n a I Day Care Nursery/Preschool I$50 All Others I$IOO 5,000 sq. ft. and under 5,001-15,000 ~q. ft. $100 Healthcare/InstitutionaI $50 15,001-30,000 sa. ft. $150 I 11 30,001-100,000 Sq. ft. I$200 30,001-100,000 Sq. ft $200 100,001-200,000 sq. ft $250 200,001-500,000 sa. ft. $300 11 100,001-200,000 sq. ft. I$250 I 200,001-500,000 Sq. ft. $300 500,001 sq. ft. and greater $350 Transient Lodging, Apartments, Residential Board & Care, and Adult Livina Facilities 500,001 sq. ft. and greater 50 boat slips and under I$350 Marinas and Boat Storage Buildings IS50 24 units and under $50 25-100 units $75 101-500 units $150 501 units and greater $250 Mercantile, Office, Storage, Industrial, and Manufacturing 5,000 sq. ft. and under 5,001-15,000 Sq. ft. $100 $50 15,001-30,000 sa. ft. $150 51-100 boat slips $150 251 boat slips and greater $300 101-250 boat slips $200 TemDoratv Structures Tents $50 All other occupancies not listed subject to Fire $50 Safety Inspection 26 FIRE RESCUE DEPARTMENT (continued) Special Details I1 Person ne1 Special Event hourly rates $5/hour Firefighter $30/hour Driver Eng i nee r/ Fi re Med ics $35/hour Lieutenants. CaPtains $40/hour Equipment Fire Engine $75/hour Ladder Truck $lOO/hour Brush Truck $45/hour Utility Truck (Generator/Breathinq Air Supply) $48/hour Rescue Truck $32/hou r Specialty EMS Vehicle $25/hour Basic Life Support Emergency Transport $700 Advanced Life Support Emergency Transport $700 Level 1 Advanced Life Support Emergency Transport $750 Level 2 Specialty Care Emergency Transport $800 Oxygen $30 Mileage $12/transport mile *Motor Vehicle Accident and Fire Fees Level I-Scene Safetv & Investiaation EMS Transport Fees IS435 Level 11-Lig ht Extrication/Clean up of Materials Level 111-Heavy Extrication/Situation $1,800 Stabilization Level V-Vehicle Fires $500 $650 Leve I IV- Ae ro- Medica I Tra n s porta t i o n $2,100 27 FIRE RESCUE DEPARTMENT (continued) Alarm Registration Fees: Commercial New Construction $35 Renewa Is $10 4-6 False Alarms (Der occurrence) False Alarm Fees: Residential I $100 7-9 False Alarms (per occurrence) $200 10+ Alarms (per occurrence) $300 4-6 False Alarms (per occurrence) $250 7-9 False Alarms (per occurrence) $500 Misuse of 911 or Emerqency Call System $250 False Alarm Fees: Commercial 10+ False Alarms (per occurrence) Emerqency/Safety Plan Review $50 $1,000 Additional Fees Water Flow Test $150 Community Room Rental (Minimum 2-hour rental). Certificate of Insurance must be provided naming the City of Palm Beach Gardens as Additional Insured with respect to Liability with a minimum limit of $500,000 Pvrotec h n ics Perm it $30/hour $100 Cleaning Deposit $100 Outdoor Fireworks Display Permit $300 All applicable fees do not include tax 28 PARKS & RECREATION Individual $25 Res. $50 NR $20 Res. P All applicable fees do not include tax, and certain event permits require multiple fees to cover costs of the event to the City. P Facility Rental: a) Certificate of Insurance must be provided naming the City of Palm Beach Gardens as Additional Insured with respect to General Liability-minimum limit of $500,000. P NR = Non-Resident > NC = No Charge Group: requires insurance; possibly multiple fees $50 Res. $100 NR $20 Res. Outdoor Facility Permits: Exclusive Use of Permitted Space no prep, 2 hrs Single Athletic Field Pavilion, 4 hrs $40 NR $40 NR $40 Res. $40 Res. Single Athletic Field w/liq hts Sing le Basketbal I $60 NR $60 NR $10 Res. $10 Res. Court, 2 hrs Single Basketball Court w/lights Single Roller Hockey Rink,2 hrs $20 NR $20 NR $40 Res. $40 Res. $50 NR $50 NR $10 Res. $10 Res. $20 NR $20 NR 29 PARKS & RECREATION (continued) Outdoor Facility Permits: Exclusive Use of Permitted Space Single Roller Hockey Rink-w/lights Batting Cage,2-hr permit Organized Tournament Play-per field; light .- fee applies, does not include-staffing Field Prep per field Concession Stand, Tournament Only City Property Use Skate Park Facility,4 hrs Light Fee $40 Res. $50 N R Res. NR $10 $20 $40 Res. $50 NR $200 for 10 hrs $25 ball field $75 multi- purpose field $15 per bag drying aqent $250 for 8 hrs $100 cleaning fee $250 damage deposit $400 Res. $800 NR $250 Res. $500 NR $20 per hr Der field 30 PARKS & RECREATION (continued) Indoor Facility Permits: Exclusive Use of Permitted Space L BRRC Kitchen Use BRRC Gymnasium Athletic Team Event Local Schools Wellness $50 $40/hr Res. $80/hr NR $125/hr Res. $250/hr NR N/A IIRoom Rentals,2 hr I $50/hr Res. minimum Small Medium Large $lOO/hr NR $65/hr Res. $130/hr NR $75/hr Res. $150/hr NR IFet- up Fees $50 - over basic I set UD 11 Refundable Security $200' 11 Deposit Group $50/hr Res. $100/hr NR $65/hr Res. $130/hr NR $75/hr Res. $150/hr NR $50 $125/hr Res. $250/hr NR $50/hr- 1st hr within week $25/hr each additional hr within week $50 - over basic set up $200 31 PARKS & RECREATION (continued) Entry Fee-All Persons Entering the Pool $2.82 Res. $9.43 NR 3-Month Lap Swimming Card I1 I Youth Camp Rate per person on deck-1 counselor free per 10 youth, Plus Tax Private Lessons-1/2 hr $40 Res. $52 NR Group Instruction-1/2 hr per person I $6 Res. I$8 NR Lane Rental-1/2 hr, plus entry fee I1 $10 Res. IS20 NR Corral Rentals- Permit includes 20 pool admissions I $75 Res. $150 NR $1 Res. $6 NR 32 PARKS & RECREATION (continued) . Aquatic Facility: Before/After hours I Single Pool Rental Rate -2 hrs, includes guard 11 staff 35 people Additional 25 people per hour I1 Training Lanes per lane per day (4-hr max per day) Deck Reception Rental I Additional Pool Hour I$700 NR N/A $50 Res. $100 NR $20 $20 Res. Res. $40 NR $40 NR N/A $300 Res. $600 NR N/A I$80 Res, I$160 NR 33 .- . 7." PARKS & RECREATION (continued) Tennis Facility: Rates Hours of Regula Daily Fee Ball Machine Fee - 1 hr Additional Player Fee Single (annual) Family, Spouses, Minor dependents (annual) Junior (annual) Senior Single (annual) Senior Family (annual) ~~ ~ ~~ Seasonal Single (5 months annual) Group Membership - Per 10 People Additional Group Membership Operation $6.57 Res. $13.21 NR $11.32 Res. $13.21 NR $6.60 Res. $9.43 NR $330 Res. $660 NR $456 Res: $912 NR $126 Res. $252 NR $270 Res. $540 NR $342 Res. $684 NR $175 Res. $350 NR $3,500 Palm Beach Gardens Business $350 34 PARKS & RECREATION (continued) Tennis Facility: Before/After Operation Hours Court Rental per hr, minimum 2 court rental $25 Res. $50 NR Court Light Fee $10 Res. $20 NR $500 Tournament - Per 4 courts, 8 hrs, includes court maintenance Event Fees Parks Support Staff - as determined by the Director or Designee Recreation Support Staff as determined by the Director or Designee Event Permit Application plus facility & staff charges; Non-refundable BIG Program Fees $30/hr $5/hr additional on City observed h o I ida ys $25/hr $5 hr additional on City observed h o I ida ys $100 Res. $15 to $25 off-duty rate $200 NR N/C for Recognized Youth Sports Providers Annual program fees set as cost recovery for the item sponsored. 35 PARKS & RECREATION (c0ntinued)Program Fees VR Rate - Level One 'General Proarams) ~~ YR Rate -Level Two :High Demand or Heavy Impact) NR Rate - Level Three ;City-Supported Programs) NR Rate - Level Four lSDecia1 Facilities) ~~ NR Rate - Level Five :Annual Passports) Non-Peak Hours Low Impact Reduction Rate NR Individual Rate ODen Gvm ~ ~ ____ Program Fees Golf Proaram Fees Riverside Youth Enrichment Center Fees Program/Rental Refund Processinq Fee Sport Instruction Registration (City business tax license reaui red) Sport Tournament: Planning assistance non-recoanized orovider) Affiliated Group (via resolution, for all Parks and Recreation facilities) 2 0 O/O Double Dou ble/Market Trend Off-setting cumulative fee determined by proqram 50%; Excluding Staffing Fee $4.70 Cost Recovery Formula Cost Recove rv Form u la ~~ Cost Recovery Formula $100 annually (plus permit fees) $20 per meeting/conference call ~~ Tier 1 Services - general & basic budgeted services provided within operating hours; Fee to be paid: NR per participant, per sport. Tier 2 Services - core programs operating outside of operating hours; Fee to be paid: actual cost of labor and consumables. Tier 3 Services - requested services exceed core functions; Fees to be paid: permit, staffing and consumables. 36 CITY OF PALM BEACH GARDENS MEMORANDUM ~ 1 TO: Mayor and Council FROM: SUBJECT: Ron Ferris, City Manager 2011 Legislative Session Priorities 1 DATE: January 20,2011 -- - - ^_ l_l - I At the January 6, 2011, City Council Meeting, Council discussed the idea of creating a list of legislative priorities to take forward to our State leaders for the 2011 Legislative Session. As directed, the management team conferred about what they perceived to be the most pressing issues and came up with a short list of points for Council’s review and discussion at the February 3,2011, Ci Council Meeting, of which I offer the following: 1. Protect Property Taxes: Keep the Legislature from further eroding the City‘s revenue base. Protect our revenue sources. 2. Protect the revenue stream already in place and support new revenue streams from the State. 3. Seek revision of Police and Fire Pension Funds: Revision of 175 and 185 plans. 4. Seek change to Florida Retirement System (FRS) to assist the City in its efforts to address the pension funding crisis. 5. Protect the City from unfunded mandates or tedious legislation that would cause undue burdens on the City’s resources. 6. Seek to dissuade the Legislature from passing legislation similar to TABOR. Additionally for your reference, included below is a list of important dates with regard to the 2011 Session: March 6,2011: Regular Session Convenes March 8-9’2011: Palm Beach County Days March 22,2011: Florida league of Cities Legislative Action Day April 26,2011: last day for regularly scheduled committee meetings May 6,2011: Last day of Regular Session I look forward to further input and discussion from all of you on this most important issue. Should you have any further questions. please do not hesitate to contact my office at 799.4112. CITY OF PALM BEACH GARDENS COUNCIL AGENDA February 3,2011 7:OO P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Tinsley I. PLEDGE OF ALLEGIANCE II. ROLLCALL m Iv V. VL va vm. ADDITIONS. DELETIONS. MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS a. ITEMS OF RESIDENT INTEREST AND BOARDKOMMI'ITEE REPORTS: CITY MANAGER REPORT a. ECONOMIC DEVELOPMENT PROJECT COMMENTS FROM THE PUBLIC. @or Items Not on the APenda, DIease submit reauest form to tbt Ci Clerk Drior to this Item) CONSENT AGENDA: HONDA CLASSIC ECONOMIC IMPACT PRESENTATION. Qd U -0 a. /Page 5) APPROVE MINUTES FROM JANUARY 6, 2011 CITY COUNCIL MEETING. b. (Staff Report on Paqe 9, Resolution on Paqe 11) RESOLUTION 5, 2011 - AGREEMENT WH THE CHILDREN'S HEALTHCARE CHARITY, INC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH THE CHILDREN'S HEALTHCARE CHARITY, INC. FOR THE 2011 HONDA CLASSIC PGA GOLF TOURNAMENT TO PROVIDE TEMPORARY VOLUNTEER PARKING, A PUBLIC SAFETY GRANT FOR OFF-DUTY POUCE AND FIRE PERSONNEL, AND EXCLUSIVE USE OF MIRASOL PARK; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. d. jStaff Report on Pane 25. Resolution on Pane 271 RESOLUTION 6, 2011 - CITY CANVASSING BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, AS AN ADDITIONAL MEMBER OF THE CITY OF PALM BEACH GARDENS CANVASSING BOARD; REQUESTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, TO CANVASS ALL ABSENTEE BALLOTS, TO CANVASS THE MUNICIPAL ELECTION, AND TO CONDUCT THE LOGIC AND ACCURACY TESTING FOR ALL ELECTION MACHINERY; AUTHORIZING THE CITY CLERK TO APPOINT ELECTION OFFICIALS FOR THE PURPOSE OF CONDUCTING THE GENERAL ELECTION AND RUN-OFF ELECTION, IF APPLICABLE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. /Pane 29) PROCLAMATION - HONDA CLASSIC WEEK. M. PUBLIC aEARINGS: l" DcsinartcS Otus i4udicia.I Hearinn) D AT THE NORTHEAS CORNER OF CENTRAL DEscRlBED HEREIN, TO Auow THE CONSTRUCTION OF 9€ b. lStaff Report on Paqe 32, Ordinance on Pane 341 NCE2&201.0- (Zm READING AND ADOPTDN) AMENDING FISCAL YEAR 2010/2011 BUDGETED FUND BALANCE CARRY. AN OMX"4CE OF THE C~I T COUNCIL OF THE CITY OF PAW BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH -DENS BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER lD 2010D AND ENDING SEFIEMBER 30, 2011, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SR/ERABILITY CLAUSE; PROVIDING AN EFF€CTlE CIA-; AND FOR OTHER PURPOSE- fstaff Report on Pane 39, Ordinance on Paqe 41) -1NANC;t ZY, zulu - (ZND READING AND ADOPTION) AMENDING THE FISCAL YEAR 2010/2011 ORDINANCE OF THE Crry COUNCIL OF THE CITY OF PALM DENS, FLORIDA AMENMNG THE CITY OF PALM BEACH ENS' BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, , AND ENWNG SEPTEMBER 30, 2011, INCLUSIVE; PROVIDING A NFUCTS CLAUSE AND A SEVERAWUTY PROVIDING AN r- EFFECTWE DATE- AND FfM? OTWFR PI IR-S :aff Report on Paqe 46, Ordinance on Paae 54) f, 2011 - (P READING AND ADOPTION) AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS. AN ORDINANCE OF THE CITY COmClt Of THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY REPEALING SUBSECTION 78.80(a)(12) AND READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. BY REPEALING SUBSECTlON 78.1!57@). DEFINITIONS. IN ITS ENTIRETY AND RESERVING SAME FOR FUTURE LEGISLATION; FURTHER AMENDING CHAPTER 78. BY REPEALING SEcTlONs 78571. AND 7&572. ANC SUBsEcTK)kI 78-681@)(!5) AND READOWING SAME, AS REVISED, IN ORDER TO UARIFY PARK AND RECREATION REQUIREMENTS; FURTHER AMENMNG CHAcrTER 78. AT SECTION 78-751. DEFINITIONS. BY REPEALING THE DEFINITIONS OF AND WERNMENT USES AND RUIDOPnNG SAM€, AS REVfSED, AND ADOPTING NEN WAIN STREW, WEtGHBORm PAM, "PEDESTRIAN-ORIENTED GROUND FLOOR USES, 'PRIMARY STREET, SCONDARY STREET", TERTIARY STREET, AND WATER ACCESS; PROVIDING THAT EACH ANC EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LANC DEVELOPMEW. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY AoomEQ PRWDING A CONFLICTS CLAUSE, A SMWIUTY CLAUSE, AND AUTHORITY TO CODIFY- -ROVIWNG AN EFFECTIVE DATE; AND FOR OTHER PURPOSES., ?DC on ge 64, 0 r ice on Pam 228) ORDINANCE 2, 2011 - ELEMENT (CIE). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OP PALM BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT FUN IN ACCORDANCE WTH THE MANDATES SET FORTH IN SECTIONS 163.3177 AND 163.3187, ET SEQ., P DEFINITIONS OF WILD TO UNF, "COMMUNITY PARK", "LIVE-WORK", (vi READING) - cr AME~U~ENT TO THE CAPITAL IMPROVEMENTS Q5d 5*0 FLORIDA STATUTES, PURSUANT TO A CITY-INITIATED AMENDMENT WHICH PROWDES FOR THE ANNUAL UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS SCHEDULE WITHIN THE CAPITAL IMPROVEMENTS ELEMENT, INCLUDING REVlSED TEXT NECESSARY TO UPDATE TABULAR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVlDlNG 'MAT THE TEXT AND DATA, AS AMENDED OR REVISED, SHALL BE SUESTITWED FOR AND REPLACE THE EXISTING TEXT OR DATA IN THE CAPrrAL IMI"Ts ELEMENT; PROVIDING FOR TRANSMWAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABnrry CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING ANEFFECTME RATE; AND FOR OTHER PURPOSE! (1- READING) AMENDING THE CITY'S LAND DEVEL-. .-.iNT REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY ADOPTING NEW SUBSECTION 7849(e) IN ORDER TO CREATE EXEMfTlONS TO THE ARCHITECTURAL REVIEW REQUIREMENT PROCESS FOR MINOR ARCHITECTURAL MODIFICATIONS WITHIN PLANNED COMMUNITY DEVELOPMENTS (PCDs) AND ADOPT REGULATIONS PERTAINING TO PROCESSING EXEMPTION REQUESTS; PROVIDING THAT EACH AND NERY OTkEf3 SECTON AND SUBSECTION OF CHAPTER 78. LAND EVELOPENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS pREv#)usLY ADWED; PROVtDIffi A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY PROVlWffi AN EFFECTIVE DATE; AND FOR OTHER PURPOSE5 lStaff Report on Page 241, Ordinance on Paw 249) ORDINANCE : I- X RESOLUTIONS: a. IStaff Report on Page 253, Resolution on Page 2561 RESOLUTION 8,2011 - FE i Af -- CHARGES SCHEDULE. KREsoLUnON OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA UPDATING THE SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY THE CrrY OF PALM BEACH GARDENS FOR ITS CITIZENS AND OTHER MEMBERS OF THE PUBLIC FOR FISCAL YEAR 2010/2011; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XL ITEMS FOR COUNCIL ACTION/DISCUSSION: a. jPaae 296) DISCUSSION ON 201 1 LEGISLATIVE PRIORITIES. XIL CITYA’ITORNEYREPORT XIII, ADJOURNMENT PLEASE TA&E NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision lMde by the Council witk mw to any ini#er considered at this public hearing, such interestedpasons wiU needs ‘dcoydofthe pmdngs and may need to ensure that a verbatim reed is ma&, including the teahow and evidhce upon which the appeal is to be byed Act and Seciion 286.26, Flodh Statutes, In accordance with the Ammicans with DisaWbs in order to participate in this at no wst Pyease call the City pemons with &sabikWes needing special ammm&mm proceeding art eniided to thepmvisbn of cutbin 4ssist411cc Clerk’s me at 561-799-4122 no lata &zn 5 diysprim to tkt kcming if this assistance is required For Mng impaid pbse call the FIooidrr Rdoy Service Nnmbm: ... * 800-955-8771 (TOO) OT 8W955-8770 (VOIC@. NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. I" CITY OF PALM BEACH GARDENS COUNCIL AGENDA February 3,2011 7:OO P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Tinsley I. PLEDGE OF ALLEGIANCE 11. /ROLLCALL 111. /ADDITIONS, DELETIONS. MODIFICATIONS: IV /ANNOUNCEMENTS / PRESENTATIONS: HONDA CLASSIC ECONOMIC IMPACT PRESENTATION. a. v. /ITEMS OF RESIDENT INTEREST AND BOARDICOMMITTEE REPORTS: VI. /CITY MANAGER REPORT: a. ECONOMIC DEVELOPMENT PROJECT VII. /COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda. please submit request form to the City Clerk prior to this Item) I/ VIII. CONSENT AGENDA: f4* a. page 5) APPROVE MINUTES FROM JANUARY 6, 2011 CITY COUNCIL MEETING. b. ptaff Reoort o n Paae 9. Resolution on Page 11) RESOLUTION 5, 2011 - AGREEMENT WITH THE CHILDREN'S HEALTHCARE CHARITY, INC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH THE CHILDREN'S Lf: eohoSfl'p HEALTHCARE CHARITY, INC. FOR THE 2011 HONDA CLASSIC PGA GOLF TOURNAMENT TO PROVIDE TEMPORARY VOLUNTEER PARKING, A AND EXCLUSIVE USE OF MIRASOL PARK; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. PUBLIC SAFETY GRANT FOR OFF-DUTY POLICE AND FIRE PERSONNEL, 3dc' C. {Staff Report on Paae 25. Resolutign on PIIL(, 27) RESOLUTION 6, 2011 - CITY CANVASSING BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, AS AN ADDITIONAL MEMBER OF THE CITY OF PALM BEACH GARDENS CANVASSING BOARD; REQUESTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, TO CANVASS ALL ABSENTEE BALLOTS, TO CANVASS THE MUNICIPAL ELECTION, AND TO CONDUCT THE LOGIC AND ACCURACY TESTING FOR ALL ELECTION MACHINERY; AUTHORIZING THE CITY CLERK TO APPOINT ELECTION OFFICIALS FOR THE PURPOSE OF CONDUCTING THE PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. GENERAL ELECTION AND RUN-OFF ELECTION, IF APPLICABLE; d. lpaae 291 PROCLAMATION - HONDA CLASSIC WEEK. IX. PUBLIC HEARING S: (* Designates Quasi-Judicial Hearing) a. */Memo to cont inue o n Pane 30) RESOLUTION 55, 2010 - (CONTINUED FROM DECEMBER 16, 2010) AMENDMENT TO THE SOUTHAMPTON PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING $$ Is' AN AMENDMENT TO THE SOUTHAMPTON PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT THE NORTHEAST CORNER OF CENTRAL BOULEVARD AND PGA BOULEVARD, AS MORE PARTICULARLY gWw DESCRIBED HEREIN, TO ALLOW THE CONSTRUCTION OF 96 PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES. ?$.pp@ 70 ow 19 Ivlbly(lr'd TOWNHOMES AND 58 SINGLE-FAMILY HOMES; PROVIDING WAIVERS; b. I/ {Staff ROD^ on Paae 32. 0 rdinanco on Pane 34) ORDINANCE 28, 2010 - (2ND READING AND ADOPTION) AMENDING FISCAL YEAR 2010/2011 BUDGETED FUND BALANCE CARRY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS, BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, INCLUSIVE: PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c-O C. /SFff Remrt on Paae 39, Ordinance on Pane 411 ORDINANCE 29, 2010 - (2 READING AND ADOPTION) AMENDING THE FISCAL YEAR 2010/2011 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f d. jStaff Remrt on Page 46.0 rdinance on Pm S4l ORDINANCE 1 , 201 1 - (2"d READING AND ADOPTION) AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY REPEALING SUBSECTION 78-80(a)( 12) AND READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. BY RESERVING SAME FOR FUTURE LEGISLATION; FURTHER AMENDING REPEALING SUBSECTION 78-1 57(b). DEFINITIONS. IN ITS ENTIRETY AND CHAPTER 78. BY REPEALING SECTIONS 78-571. AND 78-572. AND SUBSECTION 78-681 (b)(5) AND READOPTING SAME, AS REVISED, IN AMENDING CHAPTER 78. AT SECTION 78-751. DEFINITIONS. BY ORDER TO CLARIFY PARK AND RECREATION REQUIREMENTS; FURTHER REPEALING THE DEFINITIONS OF "ALLEY AND 'GOVERNMENT USES" AND READOPTING SAME, AS REVISED, AND ADOPTING NEW DEFINITIONS OF 'BUILD TO LINE", "COMMUNITY PARK", "LIVE-WORK", "MAIN STREET", "NEIGHBORHOOD PARK", "PEDESTRIAN-ORIENTED GROUND FLOOR USES", 'PRIMARY STREET", "SECONDARY STREET", "TERTIARY STREET", AND 'WATER ACCESS"; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. Page 64. 0r-w on Pgpk 22 8) ORDINANCE 2, 2011 - ING) TEXT AMENDMENT TO THE CAPITAL IMPROVEMENTS ELEMENT (CIE). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTIONS 163.3177 AND 163.3187, ET SEQ., 5-0 FLORIDA STATUTES, PURSUANT TO A CITY-INITIATED AMENDMENT WHICH PROVIDES FOR THE ANNUAL UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS SCHEDULE WITHIN THE CAPITAL IMPROVEMENTS ELEMENT, INCLUDING REVISED TEXT NECESSARY TO UPDATE TABULAR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING THAT THE TEXT AND DATA, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT OR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES. f. IStaff Rewrt on Paa e 241. Ordinance on Pane 2 49) ORDINANCE 3, 2011 - (lST READING) AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY ADOPTING NEW SUBSECTION 78-49(e) IN ORDER TO CREATE EXEMPTIONS TO THE ARCHITECTURAL REVIEW REQUIREMENT PROCESS FOR MINOR ARCHITECTURAL MODIFICATIONS WITHIN PLANNED COMMUNITY DEVELOPMENTS (PCDs) AND ADOPT REGULATIONS PERTAINING TO PROCESSING EXEMPTION REQUESTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDiNG AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 0 9 X. RESOLUTIONS: a. JStaff Report on Paae 253. Remolution on Pane 250) RESOLUTION 8, 201 1 - FEES AND CHARGES SCHEDULE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA UPDATING THE SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY THE CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND OTHER MEMBERS OF THE PUBLIC FOR FISCAL YEAR 2010/2011; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. gLa XI. JITEMS FOR COUNCIL ACTION~DISCUSSION: a. /Pasre 296) DISCUSSION ON 201 1 LEGISLATIVE PRIORITIES. . XII. /CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. (i- 0 In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8 770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY COUNCIL MEETING 02/03/11 PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS ADDITIONS: DELETIONS: MODIFICATIONS: UNDER CONSENT New Item e. Resolution 7,2011 - Economic Development Grant New Item f. Proclamation - in recognition of Rose Rosenkranz NONE NONE Comments From The Public Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” Portion of the agenda and during ”Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each-speaker is limited to three (3) minutes. er 3 a d 0 er m 4 E- $ er 0 er a 5 1 CD c 0 er ry et cc % cc 5 cc 5 t;' CD er s L. er MI U s E s U. cc 0 0 CD 1 rn 4 a CD er c, 0 a a CD B 0 5: cc fD a a e PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, Rose Rosenkranz has served as Preschool Director of Temple Beth David and Director of Education for twenty years; and WHEREAS, in those years has educated thousands of children in the Palm Beach Gardens area, regardless of their religious affiliations; and WHEREAS, as early childhood is the most important time for instilling values, the Preschool provides productive education programs; and WHEREAS, under the conscientious direction of Rose Rosenkranz, Temple Beth David provides growth opportunities for young children in a wide array of areas; and WHEREAS, striving to achieve individual excellence in each student, programs include music, art, computers, Hebrew, Spanish, Judaic studies, and physical education; and WHEREAS, to ensure a well-rounded student, additional programs are part of the curriculum, which include language arts, science, reading, and math readiness; and WHEREAS, understanding the diverse roles parents are challenged with, this skillful • educator has introduced programs such as Mommy and Me, Gradual Separation, Two -and Four-Year Age Level, City and County-wide Holiday and Festival Celebrations, Weekly Shabbat Program, and the Summer Camp Program. NOW, THEREFORE, I, David Levy, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim February 5, 2011 as: Rose Rosenkranz Appreciation Day in the City of Palm Beach Gardens and urge all citizens to recognize the dedication and devotion of our gifted educators, for these individuals make it possible for future generations to accomplish and realize their goals. Atte~ PatriCiaSnider,CMC: City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affzxed on this 3rd day of FebruGJY-in the Year Two Thousand and Eleven. ~~z~ Mayor David Levy CITY OF PALM BEACH GARDENS Honda Classic Week PROCLAMATION WHEREAS, The Honda Classic is a professional golf tournament sponsored by the American Honda Motor Co., Inc. for the past 30 years and currently played at PGA National Resort and Spa in Palm Beach Gardens, Florida February 28 through March 6, 2011; and WHEREAS, through The Honda Classic's 30-year sponsorship, there has been $18,000,000 donated to Charity; with over $1,000,000 to charities of the local community following the 2010 event; and WHEREAS, the Honda Classic provides a unique opportunity for Palm Beach Gardens to host a professional sporting event with a $33,000,000 economic impact annually to the area and an estimated 105,000 spectators attending; and WHEREAS, the City of Palm Beach Gardens, A Signature City, is at the center of the sporting world for four days of national and international television coverage during The Honda Classic, providing exposure to our city for over 3 million viewers; and WHEREAS, the City of Palm Beach Gardens realizes the ancillary benefits of having an event of this magnitude in our city and supports The Honda Classic in its operation through an agreement to provide spectator parking, a grant to assist in assuring public safety, and to assist in providing the highest quality spectator experience possible for our residents and visitors to our city; NOW, THEREFORE, I Mayor David Levy, do hereby call upon all citizens of Palm Beach Gardens to join in expressing our thanks to the American Honda Motor Co., Inc.'s 30 years of sponsorship and hereby proclaim Thursday, March 3'd as, "AMERICAN HONDA MOTOR CO., INC. DAY" in the City of Palm Beach Gardens Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affvced this 3'4 Day of February, in the year Two Thousand and Eleven. (Qq.ft~ David . Levy, ayor