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Home My WebLink AboutAgenda Council Agenda 081111 CITY OF PALM BEACH GARDENS COUNCIL AGENDA August 11, 2011 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. PRESENTATION OF FIRE RESCUE LIFE SAVING AWARD. b. (Page 5) CO-SPONSORSHIP OF THE BIG HEART BRIGADE OF THE PALM BEACHES. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 8) APPROVE MINUTES FROM JULY 19, 2011 CITY COUNCIL MEETING. IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. (Staff Report on Page 15, Ordinance on Page 18) ORDINANCE 13, 2011 – (2nd READING AND ADOPTION) PROPOSED COMMUNICATION TAX. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR INCREASED LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Tinsley b. (Staff Report on Page 21, Ordinance on Page 23) ORDINANCE 14, 2011 – (2nd READING AND ADOPTION) AMENDING CHAPTER 1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 1. GENERAL PROVISIONS. BY REPEALING SECTION 1-2. DEFINITIONS AND RULES OF CONSTRUCTION. AND READOPTING SAME WITH FIVE (5) NEW DEFINITIONS WHICH SHALL BE INCLUDED AMONG THE EXISTING DEFINITIONS IN ALPHABETICAL ORDER; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 1. 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. c. (Staff Report on Page 28, Ordinance on Page 30) ORDINANCE 15, 2011 - (2nd READING AND ADOPTION) AMENDING ORDINANCE 7, 2010, BUSINESS TAX AND REGISTRATION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 66. TAXATION. OF THE CITY CODE OF ORDINANCES BY REPEALING SECTION 66-58. PROFESSIONS; STATE LICENSURE PREREQUISITE TO CITY BUSINESS TAX RECEIPT. AND READOPTING SAME IN ORDER TO COMPLY WITH CHAPTER 205, FLORIDA STATUTES; FURTHER AMENDING CHAPTER 66. BY REPEALING SECTION 66-68 AND READOPTING SAME, AS REVISED, FOR CLARIFICATION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 66. 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. d. *(Staff Report on Page 34, Resolution on Page 48) RESOLUTION 38, 2011 - FRENCHMAN’S CREEK PLANNED COMMUNITY DEVELOPMENT (PCD) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MAJOR SITE PLAN AMENDMENT TO THE FRENCHMAN’S CREEK PLANNED COMMUNITY DEVELOPMENT (PCD) TO ALLOW AN EIGHT (8) FOOT PERIMETER FENCE TO BE LOCATED AROUND THE ENTIRE PCD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. *(Staff Report on Page 61, Resolution on Page 89) RESOLUTION 43, 2011 – VILLAGE SQUARE II PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (PUD) SITE PLAN FOR THE 2.57-ACRE PARCEL OF LAND GENERALLY LOCATED SOUTH OF RCA BOULEVARD, WEST OF PROSPERITY FARMS ROAD, AND ADJACENT TO THE VILLAGE SQUARE PUD, AS MORE PARTICULARLY DESCRIBED HEREIN, MORE COMMONLY REFERRED TO AS THE “VILLAGE SQUARE II PUD”; ALLOWING FOR AN INCREASE TO THE MEDICAL OFFICE SQUARE FOOTAGE ON THE SITE, MINOR SITE AND LANDSCAPE PLAN MODIFICATIONS, AND APPROVING A MASTER SIGNAGE PROGRAM; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f. *(Staff Report on Page 110, Resolution on Page 155) RESOLUTION 44, 2011 – OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD) AMENDMENT FOR PARCEL F1 (CLUBHOUSE PARCEL). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR PARCEL F1 (A/K/A THE CLUBHOUSE PARCEL) LOCATED WITHIN THE OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD), GENERALLY BOUNDED BY PGA BOULEVARD TO THE SOUTH, WESTWOOD GARDENS TO THE NORTH, CENTRAL BOULEVARD AND INTERSTATE 95 TO THE EAST, AND FLORIDA’S TURNPIKE TO THE WEST, IN ORDER TO REMOVE FOURTEEN (14) UNBUILT CASITA UNITS AND TO ADD FOUR (4) TENNIS COURTS IN THEIR PLACE, AS MORE PARTICULARLY DESCRIBED HEREIN; DELETING CERTAIN CONDITIONS OF APPROVAL; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. g. *(Staff Report on Page 169, Resolution on Page 225) RESOLUTION 45, 2011 – OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD) AMENDMENT FOR PARCEL A (SABAL PALM). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR PARCEL A (A/K/A SABAL PALM) LOCATED WITHIN THE OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD), GENERALLY BOUNDED BY PGA BOULEVARD TO THE SOUTH, WESTWOOD GARDENS TO THE NORTH, CENTRAL BOULEVARD AND INTERSTATE 95 TO THE EAST, AND FLORIDA’S TURNPIKE TO THE WEST, ALLOWING FOR TEN (10) UNBUILT DWELLING UNITS DELETED FROM PARCEL F1 TO BE ADDED TO PARCEL A, MODIFYING THE SITE AND LANDSCAPE PLANS, AND REVISING THE DESIGN GUIDELINES FOR PARCEL A, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. h. *(Staff Report on Page 249, Resolution on Page 316) RESOLUTION 46, 2011 - OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD) AMENDMENT FOR PARCEL C (MAJESTY PALM). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR PARCEL C LOCATED WITHIN THE OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD), GENERALLY BOUNDED BY PGA BOULEVARD TO THE SOUTH, WESTWOOD GARDENS TO THE NORTH, CENTRAL BOULEVARD AND INTERSTATE 95 TO THE EAST, AND FLORIDA’S TURNPIKE TO THE WEST, IN ORDER TO RELOCATE FOR FOUR (4) UNBUILT DWELLING UNITS FROM PARCEL F1 TO PARCEL C2 (A/K/A MAJESTY PALM), RECONFIGURE CERTAIN LOTS, AND REVISE THE DESIGN GUIDELINES FOR PARCEL C2, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. (Staff Report on Page 335, Resolution on Page 338) RESOLUTION 40, 2011 – HEALTH INSURANCE RENEWAL. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE RENEWALS OF BLUE CROSS BLUE SHIELD OF FLORIDA, POLICY NUMBER 91062, GUARDIAN POLICY NUMBER 407008, AND LINCOLN FINANCIAL POLICY NUMBERS 000010074146 AND 000010074147, FOR FISCAL YEAR 2011/2012; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: 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 MEMORANDUM DATE: TO: August 4,201 1 Mayor and Council FROM: J.E. Doughney, Ill, Deputy City SUBJECT: Co-Sponsorship of Big Heart Brigade of the Palm Beaches’ “Unite 911 1 - Golf 9112” Event The City reviewed and approved a request from the Big Heart Brigade of the Palm Beaches to co-sponsor the Unite 9177 - Golf 9172 event taking place on September 1 lth and 12‘h, 201 1. The event includes a dinner reception to be held at Fire Station No. 3 on Northlake Boulevard, as well as a golf tournament (location to be determined). Per the City’s Co-Sponsored Events policy, the City will have no management interest or authority, nor any financial or in-kind responsibilities with regard to the event. The City will only serve as a promotional vehicle for the public to learn about the event. Accordingly, the Big Heart Brigade can use the City’s name and “Tree Logo” on marketing materials related to this event, and Unite 91 7 7 - Golf 91 72 will be listed on the City’s website as a “community event”. I%omIng to the Rescue” Since I992 5770 Whirlaway Road Palm Beach Gardens, FL 33418 Fax: (561) 775-4907 www. bigheartbrigade.com (561)719-2877 Eounden Thomas DeRita, Jr. Charlie DiToro ykbwmlt Bill Tumulty Trrclrurer Tom DeRita srcntanr Elkn Stephenson D+rcton C.R. Brown Matt Blackbum Dm BRita Chuck man D.J. Fetterman Scott Fetterman Katheryn Hill Alan Mentser Patty Palmer Nancy Pullen Bryon Scholz AdYwlmd Jon Channing Eric Jablin Dean Moorehouse John Rosatti John Staluppi Big Heart Brigade of the Palm Beaches REQUEST TO THE CITY OF PALM BEACH GARDENS FOR CO-SPONSORED EVENT “UNITE 9111 - GOLF 9Jl2’’ SEPTEMBER llTH & 12T ,2011 Dear Ron, The following outlines our request to engage the City of Palm Beach Gardens as a co-sponsor in a most memorable and impactful event designed to showcase one of our city’s most prized landmarks, share in reconnecting with the unity of the days that followed the terrorist attacks of 91 1 1, and raise significant funds for worthy and relevant causes. Thank you for your consideration in the following request: EVENT OVERVIEW In an effort to engage the community a decade after the worst terrorist attacks in U.S. history, Unite 91 1 1 - Golf 9112 reaches our community to remember those who lost their lives, recognize those who performed heroic acts during the events that unfolded and reconnect with the feeling of unity we shared for the days that followed 91 1 11200 1. The event sets out to create a memorable experience with a reception at the Northlake Fire Station 91 1 1 Memorial on 91 1 11201 1, and a golf outing on 91 12120 1 1. Proceeds will benefit Big Heart Brigade, and 91 1 1 memorials, First Responders, Armed Forces Charities and Friends of Freedom Charities through a nationwide program launched by PGA TOUR member Trevor Immelman and his father. Event Specifics: UNITE 911 1 Reception - 6pm - 9pm - Sunday, September 11”. Featuring Allan West, the artwork of Michael Israel, and others in our local community that were impacted b 9) 1 1 GOLF 9112 - 9am shotgun golf start - Monday, September 12q Location TBD - Old Palm and PGA National in discussions. Owners of the site: Northlake Fire Station 91 1 1 Memorial - The City of Palm Beach Gardens PGA National Resort & Spa or Old Palm - LETTER FORTHCOMING AS SOON AS GOLF LOCATION IS DETERMINED Public enjoyment and other criteria for city approval: More than 75% of the tickets are available to the public for purchase on a first come first serve basis. Approximately 45% of gross revenues will go to registered 501~3 charities through The Big Heart Brigade. The event will have a positive economic impact on local businesses. From signage to f&b costs to plastic ware to AV equipment to tentinghcaffolding, efforts are made to utilize local businesses wherever possible, as we take our responsibility to impact our community sincerely. An insurance certificate satisfLing requirements of the Risk Management Insurance carrier for the City will be provided 30 days prior to the event. Marketing Plan: A 45 day blitz of email blasts, radio spots and show host commentary, print ads in community news and magazines. B2B communication to secure 3 sponsorship levels. Co-Sponsorship Benefits and Restrictions: We are fully aware of the benefits provided to the City and Restrictions as it relates to use of the appropriate logo, wording for use of the name and promotion. We look forward to the opportunity to partner with our great City on such an impacthl event for our community and those in need. Once again, thank you for your consideration. Sincerely, Patty Palmer Director Big Heart Brigade CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 07•19•11 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 JULY 19, 2011 4 5 The regular meeting was called to order at 7:02 p.m. by Mayor Levy. 6 I. PLEDGE OF ALLEGIANCE 7 Mayor Levy requested a moment of silence for the passing of City residents Linda Huey and 8 William Olsen. 9 II. ROLL CALL 10 PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph Russo, 11 Councilmember Eric Jablin, Councilmember Marcie Tinsley. 12 ABSENT: None. 13 III. ADDITIONS, DELETIONS, MODIFICATIONS 14 ADDITION: UNDER CONSENT AGENDA 15 g. PROCLAMATION – NATIONAL NIGHT OUT. 16 IV. ANNOUNCEMENTS AND PRESENTATIONS 17 a. RECOGNITION OF PALM BEACH GARDENS HIGH SCHOOL LADY GATORS SOFTBALL 18 STATE CHAMPIONSHIP. 19 Mayor Levy and Councilmembers acknowledged the accomplishments of the Palm Beach 20 Gardens High School Lady Gators Softball Team. 21 V. ITEMS OF INTEREST AND BOARD/COMMITTEE REPORTS 22 Councilmember Tinsley expressed her sympathy to the Huey and Olsen families, commended 23 staff for their recognition by the Business Development Board and announced upcoming City 24 events. Councilmember Russo reported attending a North County Economic Development 25 Advisory Board meeting and the expected opening of Chromalloy Gas Turbine Corporation. 26 Vice Mayor Premuroso reported on the Palm Beach Gardens Historical Society, athletic teams 27 and facilities, Northern Palm Beach County Chamber of Commerce meeting and the opening of 28 Grimaldi’s Pizzeria and Paris in Town Le Bistro at Downtown at the Gardens. Councilmember 29 Jablin reported the opening of 51 Supper Club in Downtown at the Gardens, congratulated 30 Director of Planning and Zoning Natalie Crowley on her marriage and thanked Barbara and 31 Tory Buckley for their work with the Amanda J. Buckley Give a Smile To a Child Foundation. 32 Mayor Levy reported attending Water Resource Task Force, League of Cities Board of 33 Directors and Regional Hazardous Materials Oversight Committee meetings. 34 VI. CITY MANAGER REPORT 35 None. 36 VII. COMMENTS FROM THE PUBLIC 37 Terence Brady, 4409 Lacey Oak Drive, Palm Beach Gardens; Iris Scheibl, 1029 Siena Oaks 38 Circle West, Palm Beach Gardens; Carol Estrada, 309 Riverside Drive, Palm Beach Gardens; 39 Mel Grossman, 161 Thornton Drive, Palm Beach Gardens. 40 VIII. CONSENT AGENDA 41 a. APPROVE MINUTES FROM MAY 25, 2011 CITY COUNCIL SPECIAL MEETING. 42 b. APPROVE MINUTES FROM JUNE 2, 2011 CITY COUNCIL MEETING. 43 c. RESOLUTION 39, 2011 – STORM DEBRIS DISPOSAL SERVICES AGREEMENTS. A 44 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 45 FLORIDA APPROVING ADDENDA TO STAND-BY AGREEMENTS WITH GRUBBS 46 EMERGENCY SERVICES, LLC AND OMNI PINNACLE, LLC FOR DISASTER 47 RECOVERY SERVICES; AUTHORIZING THE MAYOR TO EXECUTE THE ADDENDA; 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 07•19•11 AUTHORIZING THE CITY MANAGER TO APPROVE FUTURE ADDENDA; PROVIDING 1 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 2 d. RESOLUTION 42, 2011 – EXTENSION OF STANDBY DISASTER RECOVERY 3 SERVICES AGREEMENTS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 PALM BEACH GARDENS, FLORIDA APPROVING AN EXTENSION OF THE STANDBY 5 DISASTER RECOVERY SERVICES AGREEMENTS WITH CERES ENVIRONMENTAL 6 SERVICES, INC., PHILLIPS & JORDAN, INC., AND ASHBRITT, INC.; AUTHORIZING 7 THE MAYOR TO EXECUTE THE EXTENSIONS; PROVIDING AN EFFECTIVE DATE; 8 AND FOR OTHER PURPOSES 9 e. PROCLAMATION – PARKS AND RECREATION MONTH. 10 f. PROCLAMATION – TOLIVER-HARRINGTON FAMILY REUNION DAYS. 11 g. PROCLAMATION – NATIONAL NIGHT OUT. 12 Councilmember Jablin made a motion for approval of the Consent Agenda. 13 Councilmember Russo seconded. 14 Motion passed 5-0. 15 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 16 Mayor Levy announced the procedures for tonight’s proceedings. 17 Those preparing to give testimony were sworn in. 18 The City Clerk read Ordinance 9, 2011 and Resolution 24, 2011 by title. 19 a. *ORDINANCE 9, 2011 – (2nd READING AND ADOPTION) AMENDING THE PGA 20 NATIONAL PLANNED COMMUNITY DEVELOPMENT (PCD). AN ORDINANCE OF THE 21 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING 22 THE PGA NATIONAL PLANNED COMMUNITY DEVELOPMENT (PCD), APPROVED 23 BY ORDINANCE 22, 1998, TO ELIMINATE CERTAIN CONDITIONS OF APPROVAL 24 RELATING TO RYDER CUP BOULEVARD; PROVIDING CONDITIONS OF APPROVAL; 25 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 26 RESOLUTION 24, 2011 IS A COMPANION ITEM TO ORDINANCE 9, 2011 AND WILL 27 REQUIRE COUNCIL ACTION. 28 *RESOLUTION 24, 2011 – TRAFFIC CONTROL AGREEMENT. A RESOLUTION OF THE 29 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING 30 THE PGA NATIONAL TRAFFIC CONTROL AGREEMENT APPROVED BY 31 RESOLUTION 99, 2006 TO ELIMINATE CERTAIN CONDITIONS OF APPROVAL 32 RELATING TO RYDER CUP BOULEVARD; PROVIDING AN EFFECTIVE DATE; AND 33 FOR OTHER PURPOSES. 34 Mayor Levy opened the public hearing. 35 Mayor Levy declared ex parte communication. 36 Staff Presentation: Senior Planner Richard Marrero. 37 Public Comment: Dawn Levinstein, 7100 Fairway Drive, Unit 29, Palm Beach Gardens. 38 Mayor Levy closed the public hearing. 39 Councilmember Jablin made a motion for approval of Ordinance 9, 2011 on second reading 40 and adoption. 41 Councilmember Russo seconded. 42 Motion passed 5-0. 43 Councilmember Jablin made a motion for approval of Resolution 24, 2011 on second reading 44 and adoption. 45 Councilmember Russo seconded. 46 Motion passed 5-0. 47 The City Clerk read Resolution 27, 2011 by title. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 07•19•11 b. *RESOLUTION 27, 2011 – PALM BEACH COMMUNITY CHURCH/BORLAND 1 CENTER REQUEST FOR AN ADDITIONAL MONUMENT SIGN. A RESOLUTION OF 2 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 3 AMENDING THE BORLAND CENTER PLANNED UNIT DEVELOPMENT (PUD) 4 LOCATED ALONG THE NORTH SIDE OF PGA BOULEVARD BETWEEN GARDENS 5 SQUARE BOULEVARD AND SHADY LAKES DRIVE, AS MORE PARTICULARLY 6 DESCRIBED HEREIN; APPROVING WAIVERS TO ALLOW AN ADDITIONAL 7 MONUMENT SIGN WITH ELECTRONIC CHANGEABLE COPY AS MORE 8 PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; 9 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 Mayor Levy opened the public hearing. 11 Councilmember Jablin, Vice Mayor Premuroso, Councilmember Russo, Councilmember 12 Tinsley and Mayor Levy declared ex parte communication. 13 Petitioner Presentation: Donaldson Hearing, Cotleur & Hearing; Mike Nelson, Zeidler 14 Partnership Architects. 15 Staff Presentation: Planner Martin Schneider. 16 Discussion ensued. 17 Public Comment: Maureen Barber, 1614 Nature Court, Palm Beach Gardens; Lloyd Mims, 10 18 Corrick Road, Palm Beach Gardens; Bill Nix, 3430 Boulevard Chatelaine, Delray Beach; Kim 19 Rommel-Enright, 7101 182nd Road N, Jupiter; Terri Neil, 4885 PGA Boulevard, Palm Beach 20 Gardens; Steve Crist, 479 Tequesta Drive, Apartment 5, Tequesta; Sue Ellen Williams, 10873 21 Magnolia Street, Palm Beach Gardens; Marilyn Mattson, 170 Bent Tree, Palm Beach Gardens; 22 Janet Lange, 4 Old Fence Road, Palm Beach Gardens; Michael Gregory, 3335 Pine Hill Trail, 23 Palm Beach Gardens; Tim Miller, 126 Via Santa Cruz, Jupiter; Eileen Tucker, 1045 Shady 24 Lakes, Palm Beach Gardens; Steve Mathison, PGA Corridor Association, 5006 PGA 25 Boulevard, Palm Beach Gardens; Joel Channing, 5520 PGA Boulevard, Palm Beach Gardens; 26 Beverly Gregory, 3335 Pine Hill Trail, Palm Beach Gardens. 27 Mayor Levy closed the public hearing. 28 Petitioner Closing Statement: Donaldson Hearing, Cotleur & Hearing. 29 Discussion ensued. 30 Councilmember Russo made a motion for approval of the staff recommendation for a fixed 31 option monument sign. 32 Vice Mayor Premuroso seconded. 33 Motion passed 5-0. 34 The City Clerk read Ordinance 13, 2011 by title. 35 c. ORDINANCE 13, 2011 – (1st READING) PROPOSED COMMUNICATION TAX. AN 36 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF P ALM BEACH GARDENS, 37 FLORIDA INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX RATE; 38 PROVIDING FOR INTENT; PROVIDING FOR INCREASED LOCAL COMMUNICATIONS 39 SERVICES TAX RATE; PROVIDING FOR NOTICE TO THE DEPARTMENT OF 40 REVENUE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; 41 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 42 Mayor Levy opened the public hearing. 43 Staff Presentation: Finance Administrator Allan Owens. 44 Public Comment: Fred Scheibl, 1029 Siena Oaks Circle West, Palm Beach Gardens; Mel 45 Grossman, 161 Thornton Drive, Palm Beach Gardens; Carolyn Chaplik, 715 Hudson Bay 46 Drive, Palm Beach Gardens; Kevin Easton, 8342 Sunset Drive, Palm Beach Gardens; Iris 47 Scheibl, 1029 Siena Oaks Circle West, Palm Beach Gardens; Michael Gregory, 3335 Pine Hill 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 07•19•11 Trail, Palm Beach Gardens; L. Marc Cohn, 135 Sedona Way, Palm Beach Gardens; Carol 1 Estrada, 309 Riverside Drive, Palm Beach Gardens; Eileen Tucker, 1045 Shady Lakes Circle, 2 Palm Beach Gardens. 3 Mayor Levy closed the public hearing. 4 Discussion ensued. 5 Vice Mayor Premuroso made a motion for approval of Ordinance 13, 2011 at 3.5 millage rate. 6 Councilmember Tinsley seconded. 7 Motion passed 5-0. 8 Councilmember Jablin made a motion to reorder the agenda and move 9 item RESOLUTION 33, 2011 – ADOPTING A PROPOSED MAXIMUM MILLAGE RATE to 10 be heard next. 11 Councilmember Tinsley seconded. 12 Motion passed 5-0. 13 X. RESOLUTIONS 14 The City Clerk read Resolution 33, 2011 by title. 15 a. RESOLUTION 33, 2011 – ADOPTING A PROPOSED MAXIMUM MILLAGE RATE. A 16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 17 FLORIDA ADOPTING A PROPOSED MAXIMUM MILLAGE RATE FOR THE CITY OF 18 PALM BEACH GARDENS FOR FISCAL YEAR 2011/2012; SETTING THE DATE, TIME, 19 AND PLACE OF THE FIRST BUDGET HEARING; PROVIDING AN EFFECTIVE DATE; 20 AND FOR OTHER PURPOSES. 21 Staff Presentation: Finance Administrator Allan Owens. 22 Public Comment: Iris Scheibl, 1029 Siena Oaks Circle West, Palm Beach Gardens; Eric Sain, 23 Realtors Association of the Palm Beaches, 316 North Bromeliad, West Palm Beach. 24 Councilmember Russo made a motion for approval of Resolution 33, 2011 at staff’s 25 recommendation of maximum operating rate of 5.7404 and debt service millage of 1.821. 26 Councilmember Tinsley seconded. 27 Motion passed 5-0. 28 Councilmember Jablin made a motion for approval of setting the first public hearing date of 29 September 8, 2011 at 7:00 p.m. in city hall council chambers per staff recommendation. 30 Councilmember Russo seconded. 31 Motion passed 5-0. 32 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) Continued. 33 The City Clerk read Resolution 36, 2011 by title. 34 d. *RESOLUTION 36, 2011 - SITE PLAN AMENDMENT AT DOWNTOWN AT THE 35 GARDENS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 36 GARDENS, FLORIDA AMENDING THE MASTER LAKE AREA PLAN WITHIN 37 DOWNTOWN AT THE GARDENS LOCATED WITHIN THE REGIONAL CENTER 38 DEVELOPMENT OF REGIONAL IMPACT (DRI) / PLANNED COMMUNITY 39 DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN, TO MODIFY 40 CERTAIN CONDITIONS OF APPROVAL RELATIVE TO THE TIMING OF THE 41 INSTALLATION OF THE PLAN IMPROVEMENTS; PROVIDING CONDITIONS OF 42 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 43 Mayor Levy opened the public hearing. 44 Mayor Levy, Vice Mayor Premuroso and Councilmember Tinsley declared ex parte 45 communication. 46 Petitioner Presentation: Donaldson Hearing, Cotleur & Hearing. 47 Public Comment: None. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 07•19•11 Mayor Levy closed the public hearing. 1 Councilmember Jablin made a motion for approval of Resolution 36, 2011. 2 Councilmember Russo seconded. 3 Motion passed 5-0. 4 The City Clerk read Ordinance 14, 2011 by title. 5 e. ORDINANCE 14, 2011 – (1st READING) AMENDING CHAPTER 1. AN ORDINANCE 6 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 7 AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 1. GENERAL 8 PROVISIONS. BY REPEALING SECTION 1-2. DEFINITIONS AND RULES OF 9 CONSTRUCTION. AND READOPTING SAME WITH FIVE (5) NEW DEFINITIONS 10 WHICH SHALL BE INCLUDED AMONG THE EXISTING DEFINITIONS IN 11 ALPHABETICAL ORDER; PROVIDING THAT EACH AND EVERY OTHER SECTION 12 AND SUBSECTION OF CHAPTER 1. SHALL REMAIN IN FULL FORCE AND EFFECT AS 13 PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 14 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND 15 FOR OTHER PURPOSES. 16 Mayor Levy opened the public hearing. 17 No ex parte communication was declared. 18 Staff Presentation: City Attorney R. Max Lohman. 19 Public Comment: Iris Scheibl, 1029 Siena Oaks Circle, Palm Beach Gardens; Kevin Easton, 20 8342 Sunset Drive, Palm Beach Gardens; Joe Doucette, 100 Australian Avenue, Palm Beach 21 Gardens; Fred Scheibl, 1029 Siena Oaks Circle West, Palm Beach Gardens. 22 Mayor Levy closed the public hearing. 23 Discussion ensued. 24 Councilmember Jablin made a motion for approval of Ordinance 14, 2011. 25 Councilmember Russo seconded. 26 Motion passed 5-0. 27 The City Clerk read Ordinance 15, 2011 by title. 28 f. ORDINANCE 15, 2011 – (1ST READING) AMENDING ORDINANCE 7, 2010, 29 BUSINESS TAX AND REGISTRATION. AN ORDINANCE OF THE CITY COUNCIL OF 30 THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 66. 31 TAXATION. OF THE CITY CODE OF ORDINANCES BY REPEALING SECTION 66-58. 32 PROFESSIONS; STATE LICENSURE PREREQUISITE TO CITY BUSINESS TAX 33 RECEIPT. AND READOPTING SAME IN ORDER TO COMPLY WITH CHAPTER 205, 34 FLORIDA STATUTES; FURTHER AMENDING CHAPTER 66. BY REPEALING SECTION 35 66-68 AND READOPTING SAME, AS REVISED, FOR CLARIFICATION; PROVIDING 36 THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 66. 37 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; 38 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY 39 TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 40 Mayor Levy opened the public hearing. 41 No ex parte communication was declared. 42 Staff Presentation: Business Services Coordinator Kenthia White. 43 Public Comment: None. 44 Mayor Levy closed the public hearing. 45 Councilmember Jablin made a motion for approval of Ordinance 15, 2011. 46 Councilmember Russo seconded. 47 Motion passed 5-0. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 07•19•11 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 1 None. 2 XII. CITY ATTORNEY REPORT 3 None. 4 5 (The remainder of this page intentionally left blank.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7 07•19•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 11:07 p.m. 5 The next regularly scheduled City Council meeting will be held August 11, 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 the 46 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: August 11, 201 1 Ordinance 13,2011 SubjecVAgenda Item: Ordinance 13, 2011 - Second and Final Hearing and Adoption - Increasing the Local Communications Service Tax Rate [XI Recommendation to APPROVE 11 Recommendation to DENY __ ~~~ Reviewed by: City Attorney Submitted by: Department Director All% Owens Approved by: Ronald M. Ferris CL- Originating Dept.: Finance Allan Owens, Finance Administrator Advertised: Date: July 27, 201 1 Paper: PB Post [ ] Not Required Affected parties [ X ] Notified 1 ] Not required P costs: $ -0- (Total) $ -0- Current FY Funding Source: [ ] Operating [ ]Other NIA Budget Acct.#: NIA Council Action: [ ]Approved [ ] Approved wl Conditions [ ] Denied [ ] Continued to: Attachments: 0 Ordinance 13, 201 1 Meeting Date: August 11,2011 Ordinance 13,2011 Page 2 of 3 Average Annual Bill BACKGROUND: The City of Palm Beach Gardens currently collects Local Communications Services Taxes at the rate of 1.5%, which is less than the maximum rate of 5.10% for municipalities that have not chosen to levy permit fees as established in Section 202.19(2), Florida Statutes. In addition, municipalities that have not elected to levy permit fees as established in Section 202.19(2), Florida Statutes, are allowed to increase its Local Communications Services Tax rate by an amount equal to 0.12% as authorized pursuant to Section 337.401 , Florida Statutes. When combined, the maximum allowed Local Communications Services Tax rate is 5.22%. Increase Annual Monthly in Rate Increase Increase At the City Council meeting held on July 19, 2011, Council approved on first reading Ordinance 13, 201 1 , increasing the Local Communications Services Tax to 3.5%. Per State Statutes, any such changes must be adopted by ordinance and submitted to the State by September 1'' of each year, with an effective date of change the following January 1". At the rate of 3.5%, an additional $1.2 million could be generated annually. However, due to the January 1'' effective date, approximately $860,000 would be collected in fiscal year 2012. The Local Communications Services Tax is assessed on all sales of communications services within the City. These services include telephone (including cellular), cable television, and internet fees, both residential and commercial. The effect of the proposed change on two (2) sample residents with annual communication charges of $2,400 and $3,600 are illustrated in the table below: $2,400 1 2.00% I $48 I $4.00 I $3,600 1 2.00% I $72 1 $6.00 1 As illustrated in the table on the following page, 34 out of 38 cities currently levy a rate greater than the City of Palm Beach Gardens. With the proposed increase to 3.5%, 30 cities would continue to levy a higher rate. In addition to the comparison of Local Communications Services Tax rates, the table also illustrates the public service tax rates for electric, water, natural gas, fuel/oil, and propane sales for each city in the County. Meeting Date: August 11,201 1 Ordinance 13,201 1 Page 3 of 3 Comparison of Palm Beach County Municipal Public Service Utility Tax Rates City Atlantis Belle Glade Boca Raton Boynton Beach Briny Breezes Cloud Lake Delray Beach Glen Ridge Golf Golfview Greenacres Gulf Stream Haverhill Highland Beach H ypoluxo Juno Beach Jupiter Jupiter Inlet Colony Lake Clarke Shores Lake Park 1 Lake Worth Lantana Manalapan Mangonia Park North Palm Beach Ocean Ridge Pahokee Local Communications Service 1.22% 5.12% 5.42% 5.22% 5.22% 2.32% 5.22% 5.22% 5.22% 0.00% 6.44% 5.22% 2.60% 5.22% 5.92% 5.22% 5.22% 0.00% 5.22% 5.32% 5.22% 5.42% 1.60% 5.62% 5.22% 2.00% 5.22% Palm Beach 5.22% Palm Beach Shores Palm Springs Riviera Beach Royal Palm Beach South Bay South Palm Beach Tequesta Wellington West Palm Beach 5.52% 5.32% 5.22% 5.22% 5.10% 5.60% 5.22% 5.22% 5.42% Electricity 0.00% 10.00% 10.00% 10.00% 6.00% 0.00% 9.70% 0.00% 0.00% 0.00% 10.00% 0.00% 5.83% 0.00% 7.00% 8.00% 6.00% 6.00% 0.00% 10.00% 10.00% 10.00% 10.00% 0.00% 10.00% 0.00% 0.00% Water 0.00% 10.00% 10.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 10.00% 0.00% 0.00% 0.00% 0.00% 0.00% 6.00% 0.00% 0.00% 10.00% 10.00% 10.00% 0.00% 10.00% 10.00% 0.00% 0.00% Natural Gas 0.00% 0.00% 10.00% 10.00% 3.00% 0.00% 8.70% 0.00% 0.00% 0.00% 14.00% 0.00% 0.00% 0.00% 0.00% 0.00% 6.00% 0.00% 0.00% 1 .OO% 10.00% 10.00% 10.00% 0.00% 0.00% 0.00% 0.00% FuellOil 0.00% 10.00% 4.00% 10.00% 2.40% 0.00% 8.70% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 8.00% 1.20% 0.00% 0.00% 0.00% 10.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Propane 0.00% 10.00% 10.00% 10.00% 6.00% 0.00% 8.70% 0.00% 0.00% 0.00% 10.00% 0.00% 0.00% 0.00% 0.00% 8.00% 6.00% 0.00% 0.00% 0.00% 10.00% 10.00% 0.00% 0.00% 0.00% 0.00% 0.00% 10.00% 10.00% 0.00% 10.00% 10.00% 10.00% 0.00% 10.00% 9.00% 10.00% 10.00% 0.00% 10.00% 10.00% 10.00~/0 0.00% 10.00% 9.00% 0.00% 10.00% 0.00% 10.00% 10.00% 10.00% 0.00% 0.00% 9.00% 1 0.00% 10.00% 0.00% 10.00% 0.00% 0.00% 0.00% 10.00% 0.00% 0.00% 10.00% 0.00% 10.00% 0.00% 10.00% 0.00% 10.00% 0.00% 0.00% 10.00% CITY COUNCIL: On July 19, 201 1, the City Council voted 5-0 to pass Ordinance 13, 201 I on first reading. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 13, 201 1 , 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 13,2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROW D I N G FOR INCREASED LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Section 202.19(2), Florida Statutes, states that municipalities may impose a Local Communications Services Tax at a rate of up to 5.1 % for municipalities that have not chosen to levy permit fees, and at a rate of up to 4.98% for municipalities that have chosen to levy permit fees; and WHEREAS, these maximum rates do not include the add-on of up to 0.12% authorized pursuant to Section 337.401 , Florida Statutes, for municipalities that choose not to levy permit fees, nor do the rates supersede conversion or emergency rates authorized by Section 202.20, Florida Statutes, which may be in excess of these maximum rates; and WHEREAS, Section 202.20( l)(b), Florida Statutes, sets the Local Communications Services Tax conversion rates beginning on October 1, 2002, with these conversion rates taking effect without any action required by the local government; and WHEREAS, the City Council of the City of Palm Beach Gardens desires to increase its Local Communication Services Tax from 1.50%, which is less than the maximum rate of 5.10%, for municipalities that have not chosen to levy permit fees as established in Section 202.19(2), Florida Statutes, but which does include the add-on of 0.12% authorized pursuant to Section 337.401, Florida Statutes. WHEREAS, the City Council of the City of Palm Beach Gardens 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: Page 1 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 Ordinance 13. 201 1 SECTION 1. Adoption of Local Communications Services Tax Rate. The Local Communications Services Tax rate conversion rate established under Section 202.20(1)(b), Florida Statutes, for the City of Palm Beach Gardens is 1.10%, which is less than the maximum rate of 5.10% for municipalities that have not chosen to levy permit fees as established in Section 202.19(2), Florida Statutes. The Local Communications Services Tax Rate for the City of Palm Beach Gardens is hereby increased to 3.38%. This is to be effective January 1, 2012. SECTION 2. Adjustment of Tax Rate for Permit Fees. The City of Palm Beach Gardens elected not to require and collect permits fees from any provider of communications services that uses or occupies municipal roads or rights-of-way for the provision of communications services, as provided in Section 337.401, Florida Statutes. It is the intent of the City to increase its local communications services tax rate as provided in Section 202.19, Florida Statutes, by an amount equal to 0.12%, effective January 1, 2012, to replace revenue the City would otherwise receive from permit fees as authorized by Section 337.401, Florida Statutes. In the aggregate, the new combined Local Communications Services Tax Rate for the City of Palm Beach Gardens will be 3.38% (3.38% + 0.12% = 3.50%), effective January 1,2012. SECTION 3. Notice to the Department of Revenue. The City Council hereby directs the City Clerk to provide notice of the increased Local Communications Services Tax Rate to the Florida Department of Revenue by September I, 2011, by attaching a copy of this Ordinance to the proper Department of Revenue forms. 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. This Ordinance shall become effective immediately upon adoption. However, the imposition and collection of the new combined Local Communications Services Tax Rate shall commence effective January 1, 2012. 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 13, 201 1 PASSED this 14 Eday of PASSED AND ADOPTED this day of , 2011, upon 3 UC y , 201 1, upon first reading. 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 FOR AGAINST ABSENT ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney G:\attorney-share\ORDINANCESPOl l\Ordinance 13 201 1 - Communications Servcies Tax Increase.docx Page 3 of 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 11, 201 I Ordinance 14, 2011 SubjecffAgenda Item: Ordinance 14,201 1 - Second Reading and Adoption -Amending Chapter 1, General Provisions, Section 1-2, Definitions of the City Code of Ordinances to Add Five (5) Definitions to be Compatible with the New Inspector General (IG) Ordinance. [XI Recommendation to APPROVE Reviewed by: C R. Max Lohman, Esq. Finance Administrator NIA Allan Owens Submitted by: Department Director City Attorney Approve4 by: ,- Ronald M. Ferris tion to DENY Originating Dept.: Legal Department City Attorney Advertised: [XI Required [ ] Not Required Date: 07.27.201 1 Paper: Palm Beach Post Affected parties [ x ] Notified Not required costs: o.00 (Total) $0.00 Current FY Funding Source: [ ]Operating [ ] Other Budget Acct.#: NIA Council Action: [ ]Approved [ ] Approved wl Conditions [ ] Denied [ ] Continued to: Attachments: 0 Ordinance 14,201 1 Meeting Date: August 11,201 1 Ordinance 14, 2011 Page 2 of 2 BACKGROUND: In November 2010, pursuant to a referendum, the voters of Palm Beach County established the Office of the Inspector General (IG). Subsequently, an ordinance- drafting committee was established to draft a new ordinance which set forth the IG’s purpose and authority with respect to the municipalities within Palm Beach County, in accordance with the ballot language. The drafting committee failed to include certain crucial definitions within the IG ordinance, The City Attorney has advised that without defining the following terms it will be impossible to properly evaluate any potential findings of an Inspector General investigation. Accordingly, the City Attorney has drafted Ordinance 14,201 1 in order to adopt definitions for “abuse”, “fraud”, “misconduct”, “mismanagement”, and “waste” into the City’s Code of Ordinances. Clear and unambiguous definitions are an absolute necessity in order to preserve an objective standard for evaluating any potential wrongdoing. Moreover, these new definitions represent an invaluable tool for the administration and staff. The IG ordinance charges the City Manager with the responsibility to promptly notify the IG of possible mismanagement of a contract, fraud, theft, bribery, or other violation of law which appears to fall within thejurisdiction of the IG. These definitions will better equip the City Manager to meet the notification responsibilities while also minimizing unnecessary employment litigation. These definitions are being recommended to each of the other 38 municipalities in the county. Theses definitions shall be used by all elected and appointed officials, all boards and committees, employees, vendors, and consultants when conducting City business. CITY COUNCIL: On July 19,201 1 , the City Council voted 5-0 to pass Ordinance 14,201 1 on first reading. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 14, 201 1, as presented, on second reading and adoption. 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 14,2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 1. GENERAL PROVISIONS. BY CONSTRUCTION. AND READOPTING SAME WITH FIVE (5) NEW DEFINITIONS WHICH SHALL BE INCLUDED AMONG THE EXISTING DEFINITIONS IN ALPHABETICAL ORDER; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 1. 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. REPEALING SECTION 1-2. DEFINITIONS AND RULES OF WHEREAS, the City Council of the City of Palm Beach Gardens desires to provide for additional definitions to be included in its code of ordinances which shall be utilized by all elected and appointed officials; all elected and appointed boards and commissions; and by all employees, outside vendors, and consultants; and/or anyone doing business with the City of Palm Beach Gardens; and WHEREAS, the City Council believes that these revisions to the Code of Ordinances are in the best interests of the City of Palm Beach Gardens as they will provide for additional clear and objective definitions to guide all those dealing with the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA that: SECTION 1. Chapter 1. General Provisions. of the Code of Ordinances of the City of Palm Beach Gardens is hereby amended by repealing Section 1-2. Definitions and rules of construction. and readopting same with five (5) new definitions to be included alphabetical order; providing that Section 1-2 of Chapter 1. General Provisions. shall hereafter read as follows: Sec. 1-2. Definitions and rules of construction. In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:: Furthermore, these definitions shall be used in the Citv of Palm Beach Gardens bv all elected and appointed officials; all appointed and elected boards and committees: emplovees, outside vendors and consultants: and/or anyone doing business with the Citv of Palm Beach Gardens. Page 1 of 5 Ordinance 14, 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 Abuse. The term “abuse” means the intentional, wrongful, or improper use of rank, position, or authoritv bv elected and appointed municipal officials and employees designed to cause the loss or misuse of municipal funds or resources; to adverselv affect the rights of any person; or to achieve personal gain or advantage for himself/herself or for anv other persons. Charter. The term “Charter“ shall mean the Charter of the City of Palm Beach Gardens, Florida as printed in Part I of this volume. City. The word “city” shall mean the City of Palm Beach Gardens, Florida, including its several officers, agents, and employees. City council. The words ”city council” or ”council” shall mean the city council of the City of Palm Beach Gardens. City boards, committees, commissions, officers, employees, etc. Whenever reference is made to a board, committee, commission, officer, employee, etc., in this Code, it shall be construed to mean that of the City of Palm Beach Gardens, Florida. Code. The word “Code” shall mean the Code of Ordinances, City of Palm Beach Gardens, Florida. Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall not be counted in computing the time, but the day on which such proceeding is to be had shall be counted. State law reference- Computation of time, Fla. Rules of Civil Procedure, Rule 1.090(a). Corporate limits. Wherever in this Code an act is prohibited, declared unlawful, required to be performed, directly or by implication, the references shall imply within the corporate limits of the city. County. The word llcountyll shall mean the County of Palm Beach, Florida. State law reference- Boundaries of Palm Beach County, F.S. § 7.50. Delegation of authority. Whenever a provision or section appears requiring the head of a department or some other city official, officer or employee to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer or employee to designate, delegate and authorize subordinates to perform the required act or perform the duty, unless the terms of the provision or section specify otherwise. Fraud. The term “fraud” means to commit an intentional violation of law or a deliberate misrepresentation or concealment so as to secure unfair or unlawful financial or personal gain. Page 2 of 5 Ordinance 14, 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 F.S. Whenever the abbreviation "F.S." is used, it shall refer to the latest edition or supplement of the Florida Statutes. Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males. Interpretation. All words, matters, and phrases contained in this Code shall, except as herein otherwise provided, be interpreted in the manner provided by the laws of the state for the interpretation of like words, matters, and phrases occurring therein, and as far as applicable the provisions contained in the state laws for the construction of the provisions thereof shall apply to the provisions of this Code. Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. Misconduct. The term "misconduct" means improper conduct (acts or omissions) undertaken with the knowledge that the conduct violates a standard (an identifiable directive, instruction, policv, requlation, rule, statute, or other standard) or undertaken with willful disregard that the conduct violates a standard with the intent to harm or with the purpose of personal profit, advantage or gain. Mismanaaement. The term "mismanaqement" means a continuous pattern of manaqement in such a manner as to create or perpetuate waste, abuse, or to contribute to acts of fraud. This term does not include management decisions which are merely debatable, nor does it include action or inaction which is inadvertent, unintentional, or insubstantial. Number. A word importing the singular number only may extend and be applied to several persons or things as well as to one person or thing and a word importing the plural number may extend and be applied to a single person or thing. Oath. An affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed. Or/and. "Or" may be read "and," and "and" may be read "or" if the sense requires it. Owner. When applied to a building or land, the word "owner" shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of the building or land. Person. The word "person" shall mean associations, clubs, societies, firms, partnerships, and bodies politic and corporate as well as individuals. Personal property. The words "personal property" shall mean every species of property except real property. Page 3 of 5 Ordinance 14. 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 State. The word "state" shall mean the State of Florida. Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city and it shall also be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the city council. Tense. Words used in the past or present tense include the future as well as the past and present. Waste. The term "waste" means the extravagant, careless, or needless expenditure of municipal funds or consumption of municipal propertv that results from deficient practices, svstems controls, or decisions. This term does not include management decisions which are merelv debatable, nor does it include action or inaction which is inadvertent, unintentional, or insubstantial. SECTION 2. Each and every other section and subsection of Chapter 1. General Provisions. shall remain in full force and effect as previously enacted. SECTION 3. All Ordinances or parts of Ordinances in conflict herewith 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. Specific authority is hereby granted to codify this Ordinance. SECTION 6. This Ordinance shall become effective immediately upon adoption. (The remainder of this page intentionally left blank) Page 4 of 5 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 14. 201 1 PASSEDthis /?=dayof ,.)c/Ly , 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 G:\attorney-share\ORDINANCESl201 l\Ordinance 14 201 1 - Chapter 1 Definitionsdocx Page 5 of 5 AGAINST ABSENT . CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 11, 201 1 Ordinance 15. 2011 SubjecffAgenda Item: Ordinance 15,201 1 - Second Reading and Adoption -Amending Chapter 66. Taxation, Section 66-58. Professions; state licensure prerequisite to city business tax receipt. to meet the requirements of Section 205.194, Florida Statutes, and further amending Chapter 66. Taxation. Section 66-68. Fee schedule. to be consistent with the approved fee schedule. K] Recommendation to APPROVE 1 Recommendation to DENY Reviewed by: Finance A ini trator a Allan Owens Submitted by: Department Director Deputy City Attorney \ Approved by: Originating Dept.: Neighborhood Services David Reyes Department Director Advertised: NA Date: Paper: [ x ] Not Required Affected parties [ x 1. Notified [ ] Not required . \ - \ -1 costs: o.00 (Total) $0.00 Current FY Funding Source: [ ]Operating [ ] Other Budget Acct.#: NIA Council Action: [ ]Approved [ ] Approved w/ Conditions [ ] Denied [ ] Continued to: Attachments: 0 Ordinance 15, 2011 Meeting Date: August 11,201 1 Ordinance 15,2011 Page 2 of 2 BACKGROUND: A bill was passed by the Florida Legislature amending Chapter 205.194 of the Florida Statutes that requires all businesses applying for or renewing a local business tax receipt to engage in or manage a business or occupation regulated by the Florida Supreme Court or a state agency to provide a copy of their State License before such receipt may be issued. In order to comply with this new State law, Chapter 66 Taxation, Section 68-58 of the Palm Beach Gardens Code of Ordinances must be amended. In addition, Section 66- 68 requires revisions to provide clarification and to be consistent with the approved fee schedule. CITY COUNCIL On July 19,201 1, the City Council voted 50 to pass Ordinance 15,201 1 onto second reading. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 15,201 1 as presented on second 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 15,201 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 66. TAXATION. OF THE CITY CODE OF ORDINANCES BY PREREQUISITE TO CITY BUSINESS TAX RECEIPT. AND READOPTING SAME IN ORDER TO COMPLY WITH CHAPTER 205, FLORIDA STATUTES; FURTHER AMENDING CHAPTER 66. BY REVISED, FOR CLARIFICATION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 66. 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. REPEALING SECTION 66-58. PROFESSIONS; STATE LICENSURE REPEALING SECTION 66-68 AND READOPTING SAME, AS WHEREAS, the City Council of the City of Palm Beach Gardens desires to amend Chapter 66. Taxation of its Code of Ordinances in order to comport with recent changes in state law and in order to clarify the business taxes assessed for professional services within the City of Palm Beach Gardens; and WHEREAS, the City Council believes that these revisions to the Code of Ordinances are in the best interests of the City of Palm Beach Gardens as they will provide for additional clear and objective definitions to guide all those dealing with the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, that: SECTION I. Chapter 66. Taxation. of the Code of Ordinances of the City of Palm Beach Gardens is hereby amended by repealing Section 66-58. Professions; state licensure prerequisite to city business tax receipt. and readopting same, as revised in order to comply with state law; providing that Section 66-58. shall hereafter read as follows: Sec. 66-58. Professions; state licensure prerequisite to city business tax receipt. (a) Any person applying for or renewing a city business tax receipt to practice any profession or enaaae in or manaae anv business or occupation regulated by the department of professional regulation, the Florida Supreme Court. any other state 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 15, 201 1 reaulatory agencv. including e~ any board or commission thereof, must exhibit an active state certificate, registration, or license, or proof of copy of the same, before the city business tax receipt may be issued. Online renewals mav provide for electronic " I;rrnnrn (b)W This section shall not apply to persons licensed under Sections 489.1 13, 489.1 17, 489.1 19, 489.1 31, 489.51 1, 489.51 3, 489.521, or 489.537, FloridaStatutes. SECTION 2. Chapter 66. Taxation. of the Code of Ordinances of the City of Palm Beach Gardens is hereby amended by repealing subsection 66-68( 12) Services. and readopting same, as revised, in order to comply with state law; providing that subsection 66-68(12) shall hereafter read as follows: Sec. 66-68. Fee schedule. The classification and rates of all business taxes are hereby fixed per annum, unless otherwise provided as follows: (1 )-(I 1) (These subsections shall remain previously adopted.) (1 2) Services. in full force and effect as a. Professional services licensed by 1, ,e state, including I ,ealth and dental providers, attorneys, engineers, architects, interior decorators, surveyors, c 1- certified public accountant-r: ..................................................... I . 1. Each separate office location.. .............................. $1 00.00 2. Each person.. ................................................... $1 00.00 b.-c. (These subsections shall remain in full force and effect as previously adopted.) (13)-(19) (These subsections shall remain in full force and effect as previously adopted.) Page 2 of 4 Ordinance 15, 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 SECTlON3. Each and every other section and subsection of Chapter 66. Taxation. shall remain in full force and effect as previously enacted. SECTION 4. All ordinances or parts of ordinances in conflict herewith 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 Ordinance shall become effective immediately upon adoption. (The remainder of this page intentionally left blank) Page 3 of 4 Ordinance 15. 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 PASSED this 19 *day of ,) u CY , , 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\ORDINANCES\201 l\Ordinance 15 201 1 - Chapter 66 Business Tax Receipts-FinaLdocx Page 4 of 4 CITY OF PALM BEACH GARDENS CITY C 0 UNCI L Agenda Cover Memorandum Meeting Date: Auguqt 11,2011 Petition: SPLA-11-05-000025 Resolution 38,2011 SubjectIAgenda Item: Resolution 38, 201 1 : Frenchman’s Creek Planned Community Development (PCD) - Major Site Plan Amendment Public Hearing and Consideration for Approval: A request from Frenchman’s Creek, Inc., to approve two (2) waivers related to the proposed perimeter fence for the majority of the PCD. Frenchman’s Creek is located on the south side of Donald Ross Road and east of Alternate AIA. I(] Recommendation to APPROVE with one (1) waiver )(I Recommendation to DENY one (1) waive; ’ Reviewed by: Director qf Planning 4, Develppment Compliance gu Bahareh Wolfs, AlCP Approved By: w Ronald M. Ferris Originating Dept.: Planning 4, Zoning: Project Manager w .- Kathryn Wilson, Planner [XI Quasi -Judicial [ ] Legislative [XI Public Hearing Advertised: [XI Required [ ] Not Required Date: 07/27/2011 Paper: Palm Beach Post Affected parties: [X] Notified [ ] Not Required Finance: c Sarah Varga Fees Paid: N/A Funding Source: [ ]Operating [XI Other N/A Budget Acct.#: - N/A City Council Action: [ ]Approved [ ] App. w/ Conditions [ ] Denied [ ] Rec. Approval [ ] Rec. App. w/ Conds. [ ] Rec. Denial [ ] Continued to: Attachments: 0 Location Map 0 Project Narrative Site Photos Resolution 38, 201 1 0 Fence Location Maps Fence Typicals I Meeting Date: August 11, 201 1 Resolution 38, 201 1 Page 2 of 6 BACKGROUND The Frenchman’s Creek Development of Regional Impact (DRI) and Planned Community Development (PCD) were originally approved in 1973 by Palm Beach County (PBC). The 8.74-acre clubhouse facility received site plan approval from PBC in 1986, which included a 65,817-square-foot clubhouse, 560-square-foot pool pavilion, 15 tennis courts, a pro shop, and a 36-hole golf course. On December 15, 1988, the Palm Beach Gardens’ City Council approved Ordinance 49, 1988, which annexed the Frenchman’s Creek Planned Community Development (PCD) into the City of Palm Beach Gardens. The annexation included the southern half of the Frenchman’s Creek PCD/DRI, located east of Alternate AIA and south of Donald Ross Road. The northern portion of Frenchman’s Creek, known as The Bears Club, is located north of Donald Ross Road and was annexed into the Town of Jupiter. The portion of Frenchman’s Creek located within the City is approximately 300 acres, and includes 633 dwelling units, two (2) golf courses, a clubhouse facility, and a marina. The subject request is to approve two (2) waivers for a secondary perimeter fence for the PCD. LAND USE & ZONING The subject site has a zoning designation of Planned Community Development (PCD) and a future land use designation of Residential Low (RL) and Golf (G). Table 1. Surrounding Zoning & Land Use Designations Meeting Date: August 11, 201 1 Resolution 38, 201 1 Page 3 of 6 CONCURRENCY The subject petition does not propose any modifications to the existing concurrency approvals. PROJECT DETAILS Site Details and Access The Frenchman’s Creek PCD is located at the southeast corner of Donald Ross Road and Alternate AIA, and encompasses approximately 300 acres. The subject site has existing access from Donald Ross Road via Tournament Drive. The clubhouse facility and fitness center are centrally located within the PCD and can only be accessed via Tournament Drive (see attached Location Map). Frenchman’s Creek is a country club community with two (2) private golf courses, a bi- level driving range, and a chipping and practice area. Additionally, there are approximately 15 tennis courts surrounding the clubhouse site. Both the golf and tennis activities on site are highly utilized by the residents of the community. In an effort to encourage the use of golf carts as a means of alternative transportation, the community was designed with a network of meandering cart paths. Proposed Improvements The Applicant is proposing an eight- (8) foot-high perimeter fence to be located parallel to the existing perimeter fence on most portions of the northern and southern boundaries and a small portion of the eastern boundary. The new fence will be located inside the existing fence, and the two (2) will be separated by approximately five (5) to six (6) feet depending on site constraints, as depicted in the attached typicals. The existing fence, which was approved while the PCD was located within Palm Beach County, varies in height from six (6) feet to four (4) feet and has barbed wire. This existing fence is a legal nonconforming structure because barbed wire is not permitted in residential zoning districts per Section 78-186(8)(f). Yards. While the fence is permitted to remain, any changes, alterations, or repairs, as outlined in Section 78-715. Nonconforming structures and improvements. , will require the structure to come into compliance with the City’s current Land Development Regulations. A condition of approval has been included to further emphasize this code provision. Per Section 78-1 86(8)(a). Yards. of the City’s Land Development Regulations, fences within residentially zoned districts cannot exceed a height of six (6) feet. For increased security, Frenchman’s Creek is requesting a waiver from this provision to allow an eight- (8) foot-perimeter fence. The proposed fence will help create a “Neutral Zone” to temporarily stop or delay an intruder who is able to penetrate the initial perimeter fence. Security sensors will be triggered once the first fence is penetrated, giving the security Meeting Date: August 11, 201 1 Resolution 38, 201 I Page 4 of 6 officers more time to respond to the detected disturbance. The Applicant will be utilizing the existing landscaping to screen the proposed fence from the general public and residents of the community to the extent possible. The City’s Police Department has reviewed the subject request and is in support of the proposed second fence. Maintenance The area between the two (2) fences will consist mainly of sod, mulch, and very little landscaping. The five- (5) foot to six- (6) foot area between the two (2) fences is wide enough for a standard lawn mower and other landscaping equipment, and will be accessed through various gates located along the perimeter. Access gates will be located at the beginning and end of every fence section, and additional gates will be provided as necessary within the fence sections. The “Neutral Zone” will be monitored with cameras, motion detectors, and security guards. The routine maintenance and monitoring by the security guards will ensure that any animals that get caught between the two (2) fences are released. Phasing The Applicant is not proposing to phase the improvements. Drainaae No changes to the existing drainage are proposed with the subject petition. Waiver Requests The Applicant is requesting two (2) waivers with this petition. 1 8-foot-high I 2 feet 1 Approval Maximum 6-foot-high fence fence 78-1 86(8)(a) I Galvanized chain link fence No vinyl coating Denial Vinyl coated chain link fence 78-1 86(8)(d) The Applicant is requesting a waiver from City Code Section 78-186(8)(a), Nonresidential zoning districts, to exceed the maximum fence height in a residential zoning district by two (2) feet. The additional two (2) feet will be located internal to the community and will generally not be visible from the right-of-way. The additional fence will allow the community to enhance their existing security system and will not negatively impact the community residents. Staff is in support of this waiver request. Meeting Date: August 11, 201 1 Resolution 38, 201 1 Page 5 of 6 The Applicant is requesting a waiver from City Code Section 78-186(8)(d). Nonresidential zoning districts. to install a standard chain link fence without the required vinyl coating. The vinyl coating addresses visibility and durability concerns associated with chain link fencing. The Applicant stated in its narrative that the waiver request stems from the higher cost of vinyl, and that the fence will be screened by the existing landscaping on site. The benefits of the provided vinyl fencing are decreased visibility of the fence and increased durability and lifespan. Vinyl-coated fences tend to last longer, maintain their appearance, are less visible within landscaping than standard galvanized fencing that tends to rust, and have a more industrial appearance. While the Applicant claims that the fence will be completely screened with landscaping, there will always be areas of the fence that will be exposed and visible to some degree. Over time, landscaping can thin out or die, creating more pockets of visible fencing. The City’s code requires the black or dark green vinyl coating for this very reason. A vinyl chain link fence is much less visible than a galvanized chain link fence, where the silver stands out against landscaping. In addition, there are no residential communities within the City where a waiver from this code section has been granted. Even the existing fence around Frenchman’s Creek has dark green vinyl coating (see attached pictures) in certain locations. Most of the projects within the City have decorative concrete walls to surround their communities (Old Palm, PGA National, Ballenlsles). Additionally, there are other communities and properties (Magnolia Bay, Dwyer High School, Temple Beth David) that have utilized vinyl chain link fencing for security (see attached photos). Standard chain link fences have only been approved in relation to temporary fences (see attached photos). In order to provide a quality fence that will more effectively blend with natural vegetation, staff does not support the requested waiver to provide a fence without vinyl coating. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On May 26, 2011, the subject petition was reviewed by the DRC committee. At this time, all comments related to the project have been satisfied. PLANNING, ZONING, AND APPEALS BOARD (PZABL On June 21, 2011, the PZAB took no action on the subject petition with a vote of 2-2. The comments made by the board members are listed below followed by the Applicant’s response in italics. 1. Certain Board members expressed concerns for animals getting caught between the two (2) fences and unable to escape. Meeting Date: August 11, 201 1 Resolution 38, 201 1 Page 6 of 6 The Applicant revised its projected narrative (see attached) to address this concern. Frenchman’s Creek security personnel will be monitoring the perimeter area to ensure that any animals that access the perimeter area and are unable to escape can be released by maintenance workers and/or guards who patrol the area. 2. Certain Board members expressed concerns with the general concept of the double fence. The subject request is only for the two (2) requested waivers for a height increase and to eliminate the vinyl coating, not for the second fence itself. Frenchman’s Creek consulted with multiple security companies prior to choosing the proposed design. As stated in the project narrative, the community feels that the second fence will create a “Neutral Zone” in which a holding or delaying area will be created that will temporarily stop or delay an intruder who was able to penetrate the initial perimeter fence. In the event an intruder accesses this “Neutral Zone,” an alarm will be triggered, and security will be deployed to that particular area to apprehend the intruder. The secondary fence, in essence, creates a “Neutral Zone Perimeter” around the Frenchman’s Creek community, enabling security to monitor and routinely patrol this perimeter area. This increases security for the community. 3. The majority of Board members were not in support of the Applicant’s request to eliminate the vinyl coating on the chain link fence. The Applicant is still requesting the second waiver to be able to install a chain link fence without vinyl coating. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 38, 201 1 as presented with one (1) waiver and denial of one (1) waiver. LOCATION MAP Frenchman's Creek Planned Community Development (PCD) - --- Planning LAND 1 Landscape Architecture I Environmental ’ Transportation DESIGN 3 SOUTH^ i~ Graphic Design PROJECT NARRATIVE Frenchman’s Creek PCD Fence Waivers Major Site Plan Amendment May 6,201 1 Revised May 31,201 1 Revised July 5, 201 1 Revised July 12, 201 1 REQUEST The Applicant is respectfully requesting a Major Site Plan Amendment and approval for two (2) waivers from City Council to install an eight (8) feet high, chain link secondary fence at the Frenchman’s Creek Community. Waiver #I: The Applicant is requesting a waiver from the height requirement outlined in Section 78- 186.8.a of the City of Palm Beach Gardens Zoning Code, which currently states “fences and walls in residentially zoned districts may be erected or maintained to a height not exceeding six feef”. The height limitation of six (6) feet does not provide the height necessary to provide adequate security to the community. The proposed secondary fence will be eight (8) feet in height, chain link and located approximately five (5) feet outside the existing perimeter fence along Donald Ross Road and inside the existing perimeter fence at the remaining secondary fence locations. It is important to note that the proposed 5’ separation between the fences is approximate and will vary in locations with site constraints, for example, at the area near the St. Patrick Church Property, the separation is approximately six (6) feet. The waiver from the height requirement is necessary in order to provide adequate security to the community. The eight (8) foot high secondary fence will surround the majority of the perimeter of the community, with the exceptions being sporadic locations along Donald Ross Road, Frenchman’s Creek Drive and Hood Road; as well as along Prosperity Farms Road and along Alternate A1A. Security is of the upmost importance in the Frenchman’s Creek Community. There is an existing six (6) foot perimeter fence with barbed wire that surrounds the property; this perimeter fence is considered a “grandfathered” use and will remain. As such, Frenchman’s Creek is requesting approval to install a secondary perimeter fence, which will be located outside the existing fence along Donald Ross Road and inside the existing fence at the other secondary fence locations. It is necessary to locate the secondary fence exterior to the existing fence along Donald Ross Road in order to preserve the existing landscaping and vegetation in that area. There is adequate space within the area along Donald Ross Road to install the secondary fence exterior to the existing, while preserving the landscaping and vegetation. As discussed, the secondary fence will be chain link and has a height of eight (8) feet. The secondary fence will create a “Neutral Zone” in which a holding or delaying area will be created that will temporarily stop or delay an intruder that was able to penetrate the initial perimeter fence. In the event an intruder accesses this “Neutral Zone”, security will be deployed to that area to apprehend the intruder. The secondary fence in essence creates a “Neutral Zone Perimeter” around the Frenchman’s Creek Community, enabling security to monitor and routinely patrol this perimeter area. This allows for an increase in security for the community. As has been previously stated, this “Neutral Zone Perimeter“ will be monitored, via cameras, motion detectors and by security guards. The secured perimeter will be properly maintained, via access gates 400 Columbia Drive, Suite 110 I West Palm Beach, Florida 33409 1 561-478-8501 FAX 561-478-5012 1100 St. Lucie West Blvd., Suite 202 I Port St. Lucie, Florida 34986 I 772-871-7778 FAX 772-871-9992 located at the beginning and end of every fence section. Additionally, there will be gates as necessary for proper entry within the fence sections. In addition to increased security measures, the routine maintenance and monitoring of the security perimeter area will also ensure that any animals that access the perimeter area and are unable to escape, can be released by maintenance workers and/or guards that patrol the area. The eight (8) foot high secondary fence needs to be taller than the existing primary fence line in order to function as a delaying barrier and give security officers sufficient time to respond to the detected intrusion. Once installed, the secondary fence line will not be seen by the general public or by residents and goffers. Due to wide variations in the terrain around the perimeter, the height of the existing fence line varies from six (6) feet down to four (4) feet. This terrain variation will also cause the secondary fence to vary in height along sections of the perimeter. The installation of the secondary fence will not impact the surrounding community, as it will be located internal to the development. The installation of the eight (8) foot high secondary fence will allow for the necessary security to be provided for on site. Additionally, the fence will not cause any adverse visual impact on the Frenchman’s Creek Community, nor will it adversely impact the surrounding community. The fence will be interior to the community and buried in the landscape and berms and not seen by anyone, the general public or the residents. In addition, it is important to note that the secondary fence will only be located on Frenchman’s Creek property; in areas where the secondary fence is encroaching on an adjacent property not owned by Frenchman’s Creek, the secondary fence will be stopped and tied into the existing fence. The installation of the secondary fence will then continue at the nearest location on Frenchman’s Creek’s property. Thus, the secondary fence is not causing any adverse visual impacts; to the contrary, nobody, including the residents of the community, will be able to see the fence, given the location and landscaping. Waiver #2: In addition to the height waiver, we are respectfully requesting a waiver from the required vinyl coating for chain link fences outlined in Section 78-186.8.d, which currently states “chain link fences shall be vinyl coated, utilizing black or dark green colors, excluding single-family and duplex dwelling units“. The eight (8) foot high secondary fence will be chain link and is being installed to address security for the community. The cost associated with vinyl coating is very high and is not necessary, due to the fact that the proposed fence is a secondary fence and is internal to the community. The fence is being installed for security purposes and will be internal to the site. The fence will be buried in the landscape and berms and not seen by anyone, the general public or the residents. The secondary fence is not causing any adverse visual impacts; to the contrary, nobody, including the residents of the community, will be able to see the fence, given the location and landscaping. The Applicant respectfully requests approval of the Major Site Plan Amendment and approval of two (2) waivers to install an 8’ high, chain link secondary fence. 400 Columbia Drive, Suite 110 I West Palm Beach, Florida 33409 I 561-478-8501 FAX 561-478-5012 1100 St. Lucie West Blvd., Suite 202 I Port St. Lucie, Florida 34986 I 772-871-7778 FAX 772-871-9992 EXISTING VINYL CHAIN LINK FENCES Magnolia Bay Page 1 of 4 Page 2 of 4 Te ple Beth David m Page 3 of 4 Frenchman's Creek Page 4 of 4 STANDARD CHAIN LINK FENCES SouthamDton TemDorarv Fence L, Page 1 of 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 RESOLUTION 38,2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MAJOR SITE PLAN AMENDMENT TO THE FRENCHMAN’S CREEK PLANNED COMMUNITY DEVELOPMENT (PCD) TO ALLOW AN EIGHT (8) FOOT PERIMETER FENCE TO BE LOCATED AROUND THE ENTIRE PCD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Frenchman’s Creek Development of Regional Impact (DRI) and Planned Community Development (PCD) was originally approved in 1973 by Palm Beach County (PBC). The 8.74-acre clubhouse facility received site plan approval from PBC in 1986, which included a 65,817-square-foot clubhouse, 560-square-foot pool pavilion, 18 tennis courts, a pro shop, and a 36-hole golf course; and WHEREAS, on December 15, 1988, the Palm Beach Gardens’ City Council approved Ordinance 49, 1988, which annexed the Frenchman’s Creek Planned Community Development (PCD) into the City of Palm Beach Gardens. The annexation included the southern half of the Frenchman’s Creek PCD/DRI, located east of Alternate AIA and south of Donald Ross Road; and WHEREAS, on May 6, 201 1, an application was submitted by the Frenchman’s Creek Community (SPLA-11-05-000025) requesting a waiver to allow an eight-(8) foot- high perimeter fence within the community; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its June 21, 201 1, public hearing and took no action on the Major Site Plan Amendment by a vote of 2 to 2; 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 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: Page 1 of 4 Resolution 38, 201 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The application is hereby APPROVED for a Major Site Plan Amendment and one (1) waiver to allow an eight-(8) foot-high perimeter fence, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by resolution, for the real property described as follows: (See Exhibit "A" for Legal Description) SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby 1. Section 78-1 86(8)(a), Nonresidential zoning districts, to allow an eight-(8) foot- high perimeter fence. SECTION 4. This approval is subject to the following conditions, which shall be APPROVES the following one (1) waiver: the responsibility of and binding upon the Applicant, its successors, or assigns: 18 19 1. 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 2. 3. 4. 5. Prior to the issuance of the Certificate of Completion, digital files of the approved civil design and architectural drawings, including floor plans, shall be submitted. (GIs Division, Development Compliance Division) Prior to the issuance of the Certificate of Completion for the proposed improvements, an inspection is required by the Development Compliance Division. (Development Compliance Division) Prior to the issuance of a fence permit, the Applicant shall mark the locations of the fencing to be installed and contact the City Forester for inspection and approval of the locations. (Forestry Division) The approved landscape plan and existing landscaping may be altered with minor field adjustments. The City Forester, or designee, shall inspect the landscaping after installation for screening. (Forestry Division) Prior to the issuance of any fence permit proposing installation of fencing within 100 feet of any Gopher Tortoise burrow@), protective fencing shall be installed and all requirements for listed species protection shall be observed for the area near the burrow. (Forestry Division) Page 2 of 4 Resolution 38, 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 6. The existing chain link fence with barbed wire is a legal nonconforming structure and may not be expanded, enlarged, or altered in any way which increases its nonconformity. Additionally, if the nonconforming structure is destroyed by any means to an extent of 50 percent or more of its assessed value as determined in the latest Palm Beach County tax roll, the structure shall not be reconstructed except in conformity with the City’s Land Development Regulations, in accordance with Section 78-71 5. (Planning & Zoning) 7. Prior to the issuance of the Certificate of Completion for the proposed improvements, any missing or removed landscaping along the portion of the Frenchman’s Creek PCD property that abuts the St. Patrick’s Church site shall be replaced with palms, trees, or ground cover to the satisfaction of the City and shall be consistent with the approved Landscape Plans on file. SECTION 5. This petition is approved subject to strict compliance with the Exhibits listed below, which are attached hereto and made a part hereof as Exhibit “B”: 1. Fence Location Map, Sheet 1, prepared by Land Design South, dated July 12,2011. 2. Fence Location - Frenchman’s Creek Dr. & Marseille Dr. Zoom, Sheet 2, prepared by Land Design South, dated July 12, 201 1. 3. Section Graphic A, prepared by Land Design South, dated July 12, 201 I. 4. Section Graphic B, prepared by Land Design South, dated July 12, 201 1. 5. Section Graphic C, prepared by Land Design South, dated July 12, 201 1 6. Section Graphic D, prepared by Land Design South, dated July 12, 201 1 7. Conceptual Secured Gate Access Graphic, prepared by Land Design South, dated July 12, 201 1. SECTION 6. This approval shall be consistent with all representations made by the Applicant or the Applicant’s agent at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. Page 3 of 4 Resolution 38, 201 1 PASSED AND ADOPTED this day of ,2011. I 2 3 4 5 6 7 8 9 10 ATTEST: 11 12 CITY OF PALM BEACH GARDENS, FLORIDA BY: David Levy, Mayor 13 BY: 14 15 16 17 18 LEGAL SUFFICIENCY 19 20 21 BY: 22 Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND R. Max Lohman, City Attorney 23 24 25 26 27 28 VOTE: 29 30 MAYORLEW 31 32 VICE MAYOR PREMUROSO 33 34 COUNCILMEMBER RUSSO 35 36 COUNCILMEMBER JABLIN 37 38 COUNCILMEMBER TINSLEY 39 40 41 42 43 44 45 -- AYE NAY ABSENT 46 47 G:\attorney_share\RESOLUTIONS\201 l\Resolution 38 201 1 - frenchmans creek pud.doc Page 4 of 4 .. Resolution 38, 201 1 EXHIBIT “A” LEGAL DESCRIPTION: PARCEL 1 ALL OF THE LAND CONTAINED WITHIN THE PLAT OF FRENCHMAN’S CREEK GOLF COURSE, INCLUDING THE WATER MANAGEMENT TRACTS SHOWN THEREON, AS RECORDED IN PLAT BOOK 67, PAGES 101 THROUGH 109, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA INCLUDING ALL RIGHTS RESERVED BY HAFT GAINES ASSOCIATES UNDER SAID PLAT (EXCEPT FOR RIGHTS RESERVED WITH RESPECT TO TRACT “P” AND PARCELS “R-I” THROUGH “R-8”, INCLUSIVE) LESS AND EXCEPT ANY RIGHT, TITLE, OR INTEREST IN AND TO TRACT “P’l AND PARCELS “R-I” THROUGH “R-8”, INCLUSIVE. Resolution 38.201 1 EXHIBIT “B” I I s B 5- L, .. m 3 r) L 1 . k 1 ' I' I/ 1 \\ 4 E .,. -. tD 3 r) G m t-t -l -. n i. n r) e 2 C 2 - A I E el H I % 0 0 3 P, - a I 4 I 1 d 7 k I P I I , I I I 31 I .. L n 3 fD ic D rD U P 5 I 1 I t CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 11,2011 Petition: PUDA-11-04-000028 Resolution 43,201 1 Su bjectlAgenda Item: PUDA-11-04-000028 Village Square II Planned Unit Development (PUD) Amendment Public Hearing & Consideration of Approval: A request by the property owner, Monet Road LLC, for approval of a Planned Unit Development (PUD) amendment to increase the medical office square footage on the site and provide minor site plan modifications to accommodate the additional medical office use. Village Square II PUD is located on 2.57 acres south of RCA Boulevard and west of Prosperity Farms Road. X 1 Recommendation to APPROVE with two (2) waivers - ] Recommendation t Reviewed by: Director o Planning & Zoning// Develoment Compliance * B areh Wolfs, AlCP Approved By: , Ronald M. Ferris DENY Originating Dept.: Planning & Zoning: Project Manager & Senior Planner [XI Quasi - Judicial [ ] Legislative [XI Public Hearing Advertised: [XI Required [ ] Not Required Date: 07.27.201 1 Paper: Palm Beach Post Affected parties: [XI Notified [ ] Not Required Finance: 3xrL- Sarah Varga Fees Paid: Yes Funding Source: [ ]Operating [XI Other NIA Budget Acct.#: - NIA Council Action: [ ] Approved [ ] App. w/ Conditions Denied Rec. Approval Rec. App. wl Conds. Rec. Denial Continued to: Attachments: 0 Location Map 0 Development Application 0 Project Narrative 0 Resolution 77, 2007 0 Resolution 43, 201 1 0 Reduced Plans Meeting Date: August 11, 201 1 Resolution 43, 201 1 Page 2 of 8 PUDA-11-04-000028 BACKGROUND The subject 2.57-acre parcel was located in unincorporated Palm Beach County until 1984, when the City adopted Ordinance 3, 1985 approving the annexation and rezoning the parcel to Professional Office. Two (2) single-family homes were located on the parcel until late 2007 when they were demolished. On September 4, 2007, the City Council adopted Ordinance 19, 2007 and Resolution 77, 2007, which approved the rezoning to Planned Unit Development (PUD) with an underlying Professional Office (PO) zoning designation and site plan approval for a two- (2) story medical and professional office building. The office building was approved for 22,000 square feet of medical office space, and 16,064 square feet of professional office space. Since the approval in September of 2007, the site has been cleared and graded, with the exception of 20 oak trees which will be preserved on site. Currently, the Applicant has submitted for infrastructure and vertical construction permits. LAND USE &ZONING The land-use designation of the site, as shown on the City’s Future Land Use Map, is Professional Office (PO). The parcel has a zoning designation of Planned Unit Development (PUD) Overlay with an underlying zoning of Professional Office (PO). The existing land uses and zoning designations of properties surrounding the site are provided in the following table: Table I. Surrounding Zoning & Land Use Designations Vacant I I Professional Office (PO) Planned Unit Development North Courtvard Gardens Ofice Complex Professional Office (PO) Commercial (C) South Planned Unit Development Club Oasis Substance (PUD) / Residential Low-3 (RL- Abuse Treatment 3) Residential Low (RL) &sJ Village Square Crossing Planned Unit Development Office Complex (PUD) / Professional Office (PO) Professional Office (PO) West Oaks East Residential Planned Unit Development / Community Residential Medium (RM) Residential Low (RL) Meeting Date: August 11, 201 1 Resolution 43, 201 1 Page 3 of 8 PUDA-11-04-000028 TRAFFIC CONCURRENCY A traffic impact analysis was provided to the City for review and approval. The analysis indicated the additional medical office space requested will result in a slight increase in the total number daily trips, but an overall reduction in the approved AM Peak and PM Peak trips. On May 26, 2011, the revised traffic impact analysis for Village Square II PUD was approved by Palm Beach County for 4,564 square feet of Professional Office and 33,500 square feet of medical office. Subsequently, City traffic concurrency was granted on June 15, 201 1, and the project was assigned a build-out date of December 31 , 2015. PROJECT DETAILS The Applicant is requesting approval to increase the medical office square footage from 22,000 square feet to 33,500 square feet, and reduce the professional office square footage from 16,064 square feet to 4,564 square feet. The Applicant proposes minor site and landscape plan modifications to accommodate 17 additional vehicular parking spaces. A Master Signage Program (MSP) has also been submitted for approval. Two (2) waivers pertaining to building and tenant signage have been requested by the Applicant. Site Details and Access The project has legal ingresslegress via two (2) access easements. Currently (via a 25- foot access easement), an unimproved gravel road connects the property with RCA Boulevard to the north. The gravel road varies in width from 6 feet wide at the narrowest point to 10 feet wide at the widest point. Once the site is developed, the Applicant does not intend to utilize the access to RCA Boulevard as it is not wide enough to meet the City’s standards. However, the existing development order for the project includes a condition of approval that the Applicant not abandon the easement, coordinate with the property owner to the north should that property redevelop, and to design an ingresslegress that could serve both parcels (please see Condition No. 20 of Resolution 77, 2007). The second access easement provides legal ingresslegress to and from Prosperity Farms Road and crosses the Village Square offices to the east. It will function as the project’s sole access. The existing access easement allows for vehicles to make a left or right turn onto Prosperity Farms Road. The Applicant does not propose any changes to the access configuration that was previously approved for the PUD. Meeting Date: August 11, 201 1 Resolution 43, 201 1 Page 4 of 8 PUDA-11-04-000028 Architecture The previously approved building elevations will remain the same. No changes are proposed to the exterior of the building. The office building was approved with a flat tile roof, arched windows and entrances, second-floor balconies, exterior stucco walls, and awnings. The north and south elevations are mirror images of each other and have a covered arcade area over the primary entrances on either side of the building. Drainage The Applicant has provided an updated drainage statement for the project, which accounts for the minor site-plan modifications proposed with this petition. Once developed, the site will discharge through a control structure to the existing ditch along Prosperity Farms Road after water quality and storm attenuation levels are met. LandscaDing The landscaping primarily consists of Live Oaks, Christmas Palms, and Sabal Palms. The landscape plans exceed the minimum required landscape points. Specifically, the project requires 3,962.5 points, and the Applicant has provided a total of 7,412 points. In addition, the Applicant has provided more open space than is required (15% required versus 24% provided). The Applicant proposes to provide landscaping in the parking area so that all landscape requirements are met. The previous approval for the site included a waiver to allow more than nine (9) parking spaces in a row. The Applicant has provided more trees within the parking area by utilizing landscape diamonds in specific locations while preserving the Oak trees on site. Therefore, the previous waiver is no longer needed. Parking In order to accommodate the increase of medical office proposed with the subject PUD amendment, the approved site plan has been revised to provide 17 new parking spaces. The additional parking spaces were created through reducing the parking space width from 10 feet to 9.5 feet. Per City Code requirements, the drive aisles have been widened from 24 feet to 25 feet. It is important to note that City Code Section 78- 344. Construction and maintenance. allows parking spaces for office uses to be reduced to 9 feet wide, subject to City Council approval. Each space is being reduced 0.5 feet in width along the 18.5-foot length of the parking space. As a result, the parking space areas are being reduced by 1,692 square feet (0.5 feet x 18.5 feet x 183 parking spaces). Consistent with Section 78-344(1)(2) of the Code, 1.5 square feet of additional open space is required for each square foot of parking area being reduced. As such, 2,539 square feet of additional open space is required. Meeting Date: August 11, 201 1 Resolution 43, 201 1 Page 5 of 8 With the submitted site plan, 0.61 acres or 26,571 square feet of open space is provided. The Code requirement is for 0.39 acres (15% of the site) or 16,988 square feet. The Applicant is providing 9,583 square feet of additional open space above the Code requirement. This is more than three (3) times the amount of additional open space required by the parking space reduction. PUDA-11-04-000028 Professional Office Medical Office TOTAL Per Code, the proposed use requires 183 parking spaces. The Applicant is providing 183 spaces. Specifically, the uses require: 4,564 SF 1 space per 15.2 spaces 15 spaces 33,500 SF 1 space per 167.5 spaces 168 spaces 38,064 SF 182.7 spaces 183 spaces 300 SF 200 SF Signage The Development Order for the project, Resolution 77, 2007, contains a condition of approval that requires the Applicant to submit a master signage program for the City Council’s review and approval prior to the issuance of a building permit for signage. With this petition, the Applicant has elected to submit the Master Signage Program (MSP) to be reviewed and approved as part of the subject PUD amendment. Monument Sign The Development Order for the project approved a waiver to allow for one (1) monument sign for the parcel. The Applicant requested the waiver for the monument sign because the site does not contain a minimum of 300 feet of frontage along a right- of-wa y. The Applicant does not propose to alter the location of the existing monument sign, which is located adjacent to the entrance of the subject site. A detail of the monument sign was provided with the MSP submittal. The monument sign will include 12” x 12” diagonal tiles and provide space for five (5) tenant signs. The base color of the monument sign will match the primary color of the building. The dimensions and copy area of the monument sign are consistent with all applicable signage regulations. Meeting Date: August 11, 201 1 Resolution 43, 201 1 Page 6 of 8 PUDA-11-04-000028 78-285* Table 24 1 Tenant and Building Wall Signage Min. 100 feet of R.O.W. req. for I principal tenant sign 2nd floor sign allowed 1 sign The Applicant proposes one (1) principal tenant sign above the first floor on the east elevation of the office building. City Code Section 78-285. Table 24. allows for one (1) principal tenant sign for parcels with at least 100 feet of frontage on a right-of-way. The subject parcel is accessed by Prosperity Farms Road, via an easement through the Village Square Crossing development, and does not have frontage along any rights-of- way. Therefore the Applicant has requested a waiver to allow one (1) principal tenant sign above the floor (please see Waiver Requests). The Applicant proposes to limit the letter height of the principal tenant sign to 24 inches in lieu of the 36-inch letter height allowed by Code. 78-285, Table 24 2 The Applicant proposes flathall signs for tenants on the first and second floors of the office building. The proposed tenant signs will be limited to one (1) wall sign per tenant and may be either blue or black in color. City Code Section 78-285. Table 24. allows tenants located in a two- (2) story professional or medical office building to have a flathall sign, provided the tenant spaces are not accessed via a central lobby. The office building contains a central lobby consisting of a hallway and elevator, which floor tenants. Also, the office building provides access to the provide access to floor via stairs on the east and west elevations of the building. Therefore, the Applicant has requested a waiver from this requirement to allow for tenant signs to be floor (please see Waiver Requests). located on the second second second for buildings that do not Tenant sign have access via central above first floor lobbv CPTED ComiDliance Crime Prevention Through Environmental Design (CPTED) is a branch of situational crime prevention that maintains the basic premise that the physical environment can be designed or managed to produce behavioral effects that will reduce the incident and fear of crime. The Police Department has reviewed the subject petition and has no comments or concerns. All previous Development Order conditions of approval relative to CPTED will remain in full force and effect. Waiver Requests The Applicant is requesting two (2) waivers with this petition. 1 sign Signs above first floor Approval Approval Meeting Date: August 11, 201 1 Resolution 43,201 1 Page 7 of 8 The Applicant is requesting a waiver from City Code Section 78-285. Table 24. Permanent signs, to allow for one (1) principal tenant sign to be located above the first floor. City Code requires that a parcel have at least 100 feet of right-of-way to allow for a principal tenant sign. The subject site is unique because the parcel does not have any frontage along a public right-of-way. The proposed principal tenant sign would be located on the east elevation and assist motorists entering the adjacent Village Square Crossing to find their intended destination. The Applicant proposes the letter height of the principal tenant sign be limited to 24 inches in height rather than the 36-inch letter height allowed by Code. Staff recommends approval of the waiver request. PUDA-11-04-000028 1. 2. The Applicant is requesting a waiver from City Code Section 78-285. Table 24. Pennanent signs, to allow flat/wall signs for second floor users. City Code allows signage to be located on the second floor of office buildings, provided that access to the tenants is not through a central lobby. The proposed office building provides for access to the second floor via a central lobby and exterior stairwells on either side of the building. However, due to the limited exposure of the property and lack of right-of way frontage, the requested tenant signage would assist motorists in identifying the building. Furthermore, the proposed building signage will not be visible from any public right-of-way. The additional building signage will be an integral component in attracting quality professional and medical office uses to a site that has no direct visibility for passerby traffic. The Applicant has proposed to limit the letter height of all tenant signs (i.e., first and second floor tenants) to 18 inches rather than the 24-inch letter height allowed by Code. The Master Signage Program (MSP) submitted by the Applicant illustrates tenant signage that is proportionate to the area to which they are affixed and does not detract from the architecture of the office building. Staff recommends approval of the waiver request. CONSTRUCTION PHASING The Applicant is requesting site plan approval to allow for the parking and landscaping modifications proposed with this petition. The Applicant has already obtained building permits from the City and has commenced with construction of the underground infrastructure for the site based on the previous approval. Should this petition be approved by City Council, the Applicant will continue with construction of the site and anticipates completion by the end of this calendar year or early 2012. Meeting Date: August 11, 201 1 Resolution 43, 201 1 Page 8 of 8 PUDA-11-04-000028 COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On May 26, 2011, the subject petition was reviewed by the DRC committee. No objections were received. At this time, all certification comments related to the project have been satisfied. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On July 12, 2011, the Planning, Zoning, and Appeals Board recommended approval of the subject petition to City Council by a vote of 5-0. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 43,201 1 as presented. I fc I I 0, \ - e- '% & m c mi- 1 -1 1 I LI D 11111 I I lgl &HI! a, c 11-1 ll I cn a, L: m ; t, y !' > CITY OF PALM BEACH GARDENS DE~OPMENT APPLICATION Planning and Zoning Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Rea uest : r Planned Community Development (PCD) r Planned Unit Development (PUD) EAmendment to PCD, PUD or Site Plan r Conditional Use r Amendment to the Comprehensive Plan r Administrative Approval r Miscellaneous r Administrative Appeal rother 7 r Annexation r Rezoning r Site Plan Review r Concurrency Certificate r Time Extension Date Submitted: April 19,201 1 Project Name: Village Square II PUD Amendment Owner: Monet Road, LLC Applicant (if notowner): Applicant’s Address: 631 U.S. Highway One, Suite 220, welephoneNo.561-863-8501 Agent: Urban Design Kilday Studios Contact Person: Marty R.A. Minor E-Mail: mminor@udkstudios.com Agent’s Mailing Address: 477 S. Rosemary Avenue, #225, West Palm Beach, Florida 33401 Agent’s TelephoneNumber: 561-366-1 100 FOR OFFICE USE ONLY 7 Petition Number: Fees Received Application $ Engineering $ Receipt Number: Date & Time Received: I i. 1 --* - -,r I NIA Architect: Southern Design Group Engineer: Urban Design Kilday Studios PI ann er: Urban Design Kilday Studios Landscape Architect: Site information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. South of RCA Boulevard, west of Prosperity Farms Road General Locat ion: Address: Section: Property Control Number(s): 10960 Monet Rd 43 Range: 42 Towns hip: 8 52-43-42-08-30-00 1-0000 PUD (PO) RequestedZoning: 2.57 PUD (PO) Acreage: Current Zoning: B Flood Zone Base Flood Elevation (BFE) - to be indicated on site plan PO Current Comprehensive Plan Land Use Designation: Vacant MedicaVProfessional Office Existing Land Use: Requested Land Use: Proposed Use(s) i.e. hotel, single family residence,etc.: 33,500 s.f. of medical office, 4,564 s.f. of professional office Proposed SquareFootageby Use: ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): 2 Just if ica ti on 1. Explain Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations.} 2. What will be the impact of the proposed change on the surrounding area? The size and area of the proposed building are not proposed to change. As such, there will be limited impacts to the surrounding area. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. The proposed amendment is consistent with all aspects of the City's Comprehensive Plan and Vision Plan. 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-30 1 Land Development Regulations)? The site is preserving 21 oak trees and 33 sabal palms on site. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter The applicant will cornply with the Art in Public Places requirement prior to the first Certificate of 78-26 1, Land Development Regulations)? Occupancy for the project. 6. Has project received concurrency certification? Yes, it is proposed to be amended with this request. Date Received:y Legal Descriptionof thesubject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately mile(s) from theintersectionof RCA B1vd i3 Prosperity Farms Rd. , on them north7neast7nmuth,rnwest side of Prosperity Farms Road (streethoad). 4 James Paisley of Monet Before me, the undersigneg authority, personally appeared Road, LLC. who, being by me first duly sworn, on oath deposed and says: 1. That he/she is the fee simple title owner of the property described in the attached Legal Description. in the a Planned Unit Development amendment 2. That he/she is requesting City of Palm Beach Gardens, Florida. mat has as authorized agent on hisher behalf to accomplish the above project. Urban Design Kilday Studios and Marty R.A. Minor to act 3. James Paisley Name of Owner: 631 U.S. Highway One, Suite 220 North Palm Beach, Florida 33408 City, State, Zip Code Street Address P. 0. Box City, State, Zip Code 561-863-8501 561 -863-8502 TelephoneNumber Fax Number tuscanhomesinfo@bellsouth.net E-mail Address Swornandsubscribed beforemethis 1 3 day of .I ,2011 . /!L5t%Yh Notary Public ??”’ My Commission expires: \ > .. \&mi 4 5 Applicant’s Certification I/We affirm and certify that I/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further, I/we understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beach Gardens, Florida, and are not returnable. Applicant is: Signatureof Aulkant - r Owner Marty R.A. Minor, Urban Design Kilday Studios r Optionee Print Name of Applicant 477 S. Rosemary Avenue, #225 r Lessee Street Address West Palm Beach, Florida 33401 City, State, Zip Code r;7- Agent 561-366-1 100 TelephoneNum ber r Contract Purchaser 561-366-1 11 1 Fax N umber mminor@ud kstudios.com E-Mail Address 6 Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail, Pahn Beach Gadens, FL 334 10 561-799-4230 Permit # Financial Responsibility Form rred professional The owner understands that all Ci d expenses associated with the processing of this application req ility of the owner. A security deposit shall be deposited In an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner andlor designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may Utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(@ will cease until any outstanding invoices are paid. The ownerldesignee further understands that transfer of this responsibility shall require a completed form, signed and notarized and Zoning Department if the name an during the amtication review Drocess. onsible patty, and delivered to the City Planning s of the responsible party changes at anytime - .. James Paisley Owner printed name DESIGNEUBILL TO: Monet Road. LLC 52-43-42-08-30-001 -0000 Property Control Number 631 US. Highway One, Suite 220 North Palm Beach, Florida 33408 Designee Acceptance Signature NOTARY ACKNOWLEDGEMENT COUNTYOF ?G\m >t._Clc_k7. I hereby certify that the foregoing instrument was acknowledged before me this 13 day of c@s; \ .2Od-, by to me or has produced -DI ver 5 &kt . He or she is personally known as identification. State of at-large MY Commission expires: 10- A& / PROJECT NARRATIVE Village Square II (a.k.a. Monet Office) urban design ki ldau s T u D-I o sd Planned Unit Development Amendment Urban Planning and Design Landscape Architecture - Communication Graphics - July 13,2011 Request/Location Please accept this request, on behalf of Monet Road, LLC, for an amendment to the Village Square II (a.k.a. Monet Office Building) Planned Unit Development to modify the amount of approved medical office and provide additional parking to accommodate the additional impact. The approved building and its architecture are not proposed to change. The subject site is located on 2.57 acres south of RCA Boulevard and west of Prosperity Farms Road. The site has a zoning designation of PUD/Professional Office and a Professional Office future land use designation. The site does not front on a public right-of-way, but is accessed through a public easement. On September 4,2007, the Palm Beach Gardens' City Council adopted Ordinance 19,2007 and Resolution 77,2007, which created the Village Square II PUD. The PUD was approved for one, two-story building for 22,000 square feet of medical office space and 16,064 square feet of professional office space. Since the approval, the site has been cleared and graded, with exception of the more than 20 existing Oak trees being preserved on site. In response to demand in the City for additional, quality, medical office space, the applicant is proposing to modify the mix of uses within the approved building to allow 33,500 square feet of ,medical office space and 4,564 square feet of professional office space. To address the minor impacts associated with higher percentage of medical office space within the project, the approved site plan has been revised to provide 17 new parking spaces. These additional spaces were created through reducing the parking space width from 10 feet to the code-permitted 9.5 feet. Per City Code requirements, the drive aisles have been widened from 24 feet to 25 feet. In addition, 12 landscape islands within the parking lot have been replaced with 28 tree diamonds. Each tree diamond is a minimum of 25 square feet in size. The applicant is proposing that 24% or 0.61 acres of the site will be used for open space. The approved site plan, adopted in 2007, indicates 22% or 0.57 acres of open space. Within the City, 15% or 0.39 acres of the site is required to be open space. The proposed plan indicates a high-level of tree preservation and tree relocation within a relatively small site. In addition, the application is providing 190% of the required landscaping points: 7,614 points provided and 3,962 points required. Page 1 of 3 A traffic impact analysis has been included with this request that indicates that additional medical office space will result in a slight increase of the daily trips, but reduction in the approved AM Peak and PM Peak trips. The request has received Traffic Concurrency from Palm Beach County and the City Engineer. The development plans have been revised to eliminate one of the two waivers granted for this PUD. With this request, the previously-granted waiver to allow more than 9 parking spaces in row has been eliminated. The applicant has been able to provide more trees within the parking area, while preserving the Oak trees on site, to eliminate this approved waiver. In summary, the proposed modifications to the parking area within the approved site plan and consistent with the City's standards, even eliminating one of the two approved waivers for the site. The proposed amendment will allow the applicant to address the market conditions and provide additional medical office space, which is consistent with the adjacent uses. Surrounding Uses EXISTING USE I ZONING I FUTURE LAND USE SUBJECT PROPERTY: PUD - Professional Office (PO) Professional Office (PO) District TO THE NORTH: Courtyard Gardens Condo Office complex Professional Office (PO) District TO THE EAST: Village Square Crossing District Office complex PUD - Professional Office (PO) TO THE SOUTH: Club Oasis Substance abuse treatment Residential low density (RL3) Commercial (C) Professional Office (PO) Residential Low (RL) TO THE WEST: The Oaks Residential Community Single-family detached I PUD - Residential medium density I Residential Low (RL) Signage Consistent with Condition #1 of Resolution 77, 2007, the applicant is requesting approval of a signage package for the approved office building. As the subject site is accessed only through an easement through the adjacent Village Square development, the Village Square II project, which does not enjoy right-of-way frontage, has a unique situation with regards to signage. Within the original development order, a waiver was requested and granted to allow for a monument sign Page 2 of 3 for the project. The waiver for the monument sign was necessary because of the property’s lack of right-of-way frontage. Similarly, the applicant is seeking two additional waivers associated with the proposed building signage. The proposed signage program includes: Monument Sign. The applicant is proposing an 8’3’’ high by 12’ wide monument sign at the approved location on the site plan. The monument sign, which in compliant with the City‘s size regulations, will be similar to the monument signage for the Village Square development. Principal Tenant Sign. The applicant is requesting a Principal Tenant Sign on the building’s eastern elevation. The proposed location will allow for patrons to view the signage as they enter the site from the eastern access easement. Because of the lack of right-of-way frontage for the subject site, the applicant is requesting a waiver to allow for one Principal Tenant sign on the approved building’s eastern elevation. The sign will have blue or black letters and will be a maximum of 24 inches tall. This signage letter height is less than the 36 inches which is permitted for the Principal Tenant signs within the City’s Sign Code. Tenant Signs. Consistent with City Code, the applicant is proposing Tenant Signage for first floor tenants which have direct access to the outdoor. In addition, because of the limited exposure for this unique piece of property, we will be requesting a waiver to allow for second story tenant signs. City Code allows professional and medical office tenants, such as those who will occupy the approved building, to have second-story tenant signage if the primary building entrance faces a parking lot or major roadway and has access not through a central lobby. The project’s second floor tenant spaces will be accessed from an internal elevator and covered stairways at the ends of each building. In order to avoid having too many tenant signs, each tenant would be limited to one tenant sign. In addition, each tenant signs will be limited to 18 inches in height, which is less than the standard 24” signs allowed by code. 0 Page 3 of 3 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 38 39 40 41 42 43 44 45 46 RESOLUTION 77,2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN FOR SOUTH OF RCA BOULEVARD, WEST OF PROSPERITY FARMS ROAD, AND ADJACENT TO THE VILLAGE SQUARE, AS MORE PARTICULARLY DESCRIBED HEREIN, TO BE REFERRED TO AS THE “VILLAGE SQUARE 11”; ALLOWING THE DEVELOPMENT OF A MEDICAL AND PROFESSIONAL OFFICE BUILDING; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. THE 2.57-ACRE PARCEL OF LAND GENERALLY LOCATED WHEREAS, the City has received Petition PPUD 06-09-00001 0 from Monet Road, LLC, Inc. for a site plan to allow the development of a 38,064-square-foot medical and professional office building on the 2.57-acre site, generally located south of RCA Boulevard, west of Prosperity Farms Road, and adjacent to the Village Square, as more particularly described herein, to be referred to as the “Village Square II”; and WHEREAS, the subject site has a land-use designation of Professional Office (PO) and a Professional Office (PO) zoning classification; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient, and has recommended its approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed said application at a public hearing at its July IO, 2007, meeting and voted 7-0 to recommend its approval to the City Council; 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 has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. 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 Date Prepared: July 23,2007 Resolution 77, 2007 SECTION 2. Petition PPUD 06-09-000010 from Monet Road, LLC, Inc. is hereby APPROVED on the following described real property to allow the development of a 38,064-square-foot medical and professional off ice building, generally located south of RCA Boulevard, west of Prosperity Farms Road, and adjacent to the Village Square, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DES C R I PTI 0 N : VILLAGE SQUARE II THE SOUTHWEST QUARTER (SW %) OF THE NORTHEAST QUARTER (NE %) OF THE NORTHEAST QUARTER (NE %) OF THE NORTHWEST QUARTER (NW %) OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. TOGETHER WITH AND SUBJECT TO A RIGHT-OF-WAY FOR INGRESS AND EGRESS OVER THE WEST 25 FEET OF THE NORTHWEST QUARTER (NW %) OF THE NORTHEAST QUARTER (NE %) OF THE NORTHEAST QUARTER (NE %) OF THE NORTHWEST QUARTER (NW l4) OF SAID SECTION 8, AS GRANTED IN OFFICIAL BOOK 2445, PAGE 895. TOGETHER WITH AND SUBJECT TO ANY EASEMENT FOR INGRESS AND EGRESS AND UTILITIES ON, OVER, AND ACROSS THE NORTH 60 FEET OF THE SOUTHEAST QUARTER (SE %) OF THE NORTHEAST QUARTER (NE X) OF THE NORTHEAST QUARTER (NE %) OF THE NORTHWEST QUARTER (NW %) OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, AS GRANTED IN OFFICIAL RECORDS BOOK 7754, PAGE 1570. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following two waivers: 1. Section 78-285, Table 24, Permitted signs, to permit a monument sign without any road right-of-way frontage. 2. Section 78-31 5, Landscaping and screening for vehicular parking areas, to permit the provision of only one parking island per 14 parking spaces along the southern property line. SECTION 4. This approval is subject to the following conditions of approval, which shall be the responsibility of the Applicant, its successors, or assigns: 2 Date Prepared: July 23, 2007 Resolution 77,2007 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 Planning and Zoninq 1. Prior to the issuance of the first building permit for signage, the Applicant shall submit a master signage program for the City Council’s review and approval. (Planning & Zoning) 2. Prior to the issuance of the first building permit, the Applicant shall comply with Section 78-262 of the City Code relative to Art in Public Places. The Applicant shall provide art on site or make a payment in lieu thereof. The Art in Public Places Advisory Board shall review and make a recommendation to the City Council on any proposed art on site. If the Applicant is providing public art on site, the art shall be installed prior to the issuance of the first Certificate of Occupancy, or as determined by the application for approval of the art. (City Forester) LandscaDinq 3. Prior to the issuance of any land clearing permits, the City shall be provided the option to salvage any vegetation in harms way for public use that will not be used in the future landscaping on the site. (City Forester) 4. Prior to the issuance of the first clearing permit, the Applicant shall provide a plan acceptable to the City Forester for tree protection and replacement requirements in the event of loss of any trees that remain on site. (City Forester) 5. Prior to the issuance of the Certificate of Occupancy, all utilities shall be placed underground in accordance with Section 78-510 of the Land Development Regulations. (City Forester) 6. All removal of exotic plant species from the site shall be completed before the issuance of the first Certificate of Occupancy. (City Forester) Enaineerinq 7. The Applicant shall copy to the City all permit applications, permits, certifications, and approvals. (City Engineer) 8. The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 9. Prior to construction plan approval and the issuance of the first land clearing permit, the Applicant shall provide a cost estimate for the project, including public infrastructure and all landscaping and irrigation costs for review and approval by the City in order to establish surety. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the 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 10. 11. 12. 13. 14. 15. 16. Date Prepared: July 23,2007 Resolution 77,2007 State of Florida. Surety will be based on 110% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first building permit and in accordance with Sections 78-309 and 78461 of the LDR. (City Engineer) Prior to the issuance of the first land clearing permit, the Applicant shall plat the site to include all existing and proposed easements and like encumbrances in accordance with LDR Section 78-446 for City Council approval. (City Engineer, Planning & Zoning) Prior to construction plan approval and the issuance of the first land clearing permit, the Applicant shall provide cost estimates in accordance with LDR Sections 78-309 and 78-461 and for on-site project improvements, not includinq public infrastructure, or landscaping and irrigation costs for review and approval by the City. The cost estimates shall be signed and sealed by an engineer and landscape architect registered in the State of Florida and shall be posted with the City prior to the issuance of the first land clearing permit. (City Engineer) The construction, operation, andlor maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If at any time during the project development it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the Applicant’s responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) Prior to the issuance of the first clearing alteration permit, the Applicant shall submit signed/sealed/dated construction plans (pavinglgradingldrainage and waterhewer) and all pertinent calculations for review and comment. (City Engineer) The build-out date shall be December 31, 2010, unless extended in accordance with Section 78-61, Code of Ordinances. (Planning & Zoning) Prior to construction plan approval and the issuance of the first land clearing permit, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) Prior to the issuance of the first land clearing permit, the Applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping and light poles to be placed within the utility easements. (City Engineer) 4 Date Prepared: July 23, 2007 Resolution 77,2007 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 17. 18. 19. 20. - Police 21. 22. 23. 24. The Applicant shall notify the City’s Public Works Division at least 10 working days prior to the commencement of any worklconstruction activity within any public right-of-way within the City of Palm Beach Gardens. In the case of a City right-of-way, the Applicant has at least five working days to obtain a right-of-way permit. Right-of-way permits may be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all worklconstruction activity within the public right-of-way and the subject development site. (Public Works) Only pipe materials allowed by City Code shall be utilized. (City Engineer) Handicap signage shall conform to all FDOT regulations and City Code requirements. (City Engineer) The Applicant shall not abandon the access easement between the property and RCA Boulevard to the north, and shall coordinate with the property owner to the north to develop a second ingress/egress over the easement should the property to the north redevelop. (City Engineer) Prior to the issuance of the first Certificate of Occupancy, all on-site lighting shall be installed, including all exterior pedestrian walkway lighting, which shall utilize 12-foot pedestrian scale light poles. All on-site lighting shall consist of metal halide or equivalent lighting approved by the Police Department. (Police Department) Prior to the issuance of the first Certificate of Occupancy for the building, an inspection by City staff shall determine that lighting locations and building addresses do not conflict with landscaping, including long-term tree canopy growth. (Police Department) Prior to the issuance of the first Certificate of Occupancy for the building, the Applicant shall provide a timer clock or photocell sensor engaged lighting above or near entryways and adjacent sidewalks for said building. (Police Department) Prior to the issuance of the Certificate of Occupancy for the building, all entry doors shall be equipped with a metal plate over the threshold of locking mechanism and case hardened deadbolt locks on all exterior doors with minimum one-inch throw, door hinges on the interior side of each door, and the main entries to the building shall be wired for closed-circuit digital camera surveillance system. (Police Department) 5 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. 26. 27. 28. 29. Date Prepared: July 23, 2007 Resolution 77,2007 Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. Noncompliance with the approved security and management plan may result in a Stop Work Order for the PUD. (Police Department) Prior to the issuance of the first Certificate of Occupancy for the building, all numerical addresses shall be placed at the front of the building. Each numerical address shall be illuminated for nighttime visibility, shall provide bidirectional visibility from the roadway (when applicable), shall be 12 inches in height, and shall be a different color than the color of the surface to which it is attached. The rear doors of a building with multiple tenants shall have an illuminated six-inch suite number on or along the side door. (Police Department) Prior to the issuance of the first Certificate of Occupancy for the building, elevator cab interiors which are not completely visible when the door is open shall have shatter-resistant mirrors placed in a location approved by the Police Department. (Police Department) Prior to the issuance of the first Certificate of Occupancy, the building shall have roof top numbers placed parallel to the addressed street, only visible from the air. The numerals shall be white-blocked lettered, weather- resistant material, four feet in height and 18 inches wide. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each building, interior stairwell doors shall have glazing vision panels, five inches wide by 20 inches in height. Areas beneath stairways at ground level shall be fully enclosed. Fully-enclosed stairways with solid walls shall have shatter- resistant mirrors at each level and landing placed to provide visibility around corners. (Police Department) Miscellaneous 30. Required digital files of the approved plat shall be submitted to the Planning and Zoning Division prior to the issuance of the first Certificate of Occupancy, and approved civil design and architectural drawings shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance Office) SECTION 5. The property shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 1. Sheets 1 of 2 and 2 of 2: Conceptual Site Plan, prepared by Urban Design Studio, last revised on June 13, 2007. 6 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 20 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 Date Prepared: July 23,2007 Resolution 77,2007 2. Sheets 1 of 3, through 3 of 3: Conceptual Landscape Plan, prepared by Urban Design Studio, last revised on June 7,2007. 3. Sheets A-I through A-5: Architectural Floor Plans and Elevations, prepared by Inter-Plan, Inc., dated June 23, 2006. SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 7 Date Prepared: July 23, 2007 Resolution 77,2007 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 20 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 38 PASSED AND ADOPTED this qw day of ern&% , 2007. ATTEST: BY: Patricia Snider, MC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFlClENCY BY: ( ,A[- mstine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR LEVY COUNCILMEMBER JABLIN COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT -- AYE NAY ABSENT / G:\attorney-share\RESOLUTlONS\village square II site plan approval - reso 77 2OO7.doc 8 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 43,2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (PUD) SITE PLAN FOR THE RCA BOULEVARD, WEST OF PROSPERITY FARMS ROAD, AND ADJACENT TO THE VILLAGE SQUARE PUD, AS MORE PARTICULARLY DESCRIBED HEREIN, MORE COMMONLY REFERRED TO AS THE “VILLAGE SQUARE II PUD”; ALLOWING FOR AN INCREASE TO THE MEDICAL OFFICE SQUARE FOOTAGE ON THE SITE, MINOR SITE AND LANDSCAPE PLAN MODIFICATIONS, AND APPROVING A MASTER SIGNAGE PROGRAM; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 2.57-ACRE PARCEL OF LAND GENERALLY LOCATED SOUTH OF WHEREAS, on September 4, 2007, the City Council adopted Resolution 77, 2007, thereby approving the development of a 38,064-square-foot medical and professional office building on the 2.57-acre site, generally located south of RCA Boulevard, west of Prosperity Farms Road, and adjacent to the Village Square Crossing PUD, as more particularly described herein, to be referred to as “Village Square 11”; and WHEREAS, the City has received Petition PUDA-11-04-000028 from Monet Road, LLC, Inc. for a Planned Unit Development (PUD) Amendment to allow an increase to the medical office square footage on the site, minor modifications to the site and landscape plans, and approval of a Master Signage Program (MSP) on the 2.57- acre site, generally located south of RCA Boulevard, west of Prosperity Farms Road, and adjacent to the Village Square Crossing PUD, as more particularly described herein, more commonly referred to as the “Village Square 11”; and WHEREAS, the subject site has a land-use designation of Professional Office (PO) and a Professional Office (PO) zoning classification; and WHEREAS, the Planning and Zoning Department has reviewed the application, has determined that it is sufficient, and has recommended approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed the application at a public hearing at its July 12, 2011, meeting and voted 5-0 to recommend approval to the City Council; 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 Page 1 of 9 Resolution 43, 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 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. Petition PUDA-11-04-000028 from Monet Road, LLC, Inc. is hereby APPROVED on the following described real property to allow an increase to the medical office square footage on the site, minor modifications to the site and landscape plans, and approval of a Master Signage Program (MSP), generally located south of RCA Boulevard, west of Prosperity Farms Road, and adjacent to the Village Square, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL D ESC R I PTI 0 N THE PLAT OF THE VILLAGE SQUARE PLAT NO. 3 AS RECORDED IN PLAT BOOK 112, PAGES 5 AND 6, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLOR I DA. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following two (2) waivers: 1. Section 78-285. Table 24: Permanent Signs, to allow one (1) principal tenant sign without any road right-of-way frontage. 2. Section 78-285. Table 24: Permanent Signs, to allow one flat/waII sign per tenant for second floor tenants. 3. Section 78-285. Table 24: Permanent Signs, to permit a monument sign without any road right-of-way frontage (carried forward from Resolution 77, 2007). SECTION 4. This approval is subject to the following conditions of approval, which shall be the responsibility of the Applicant, its successors, or assigns: Planning and Zoning 1. Prior to the issuance of the first building permit for signage, the Applicant shall submit a master signage program for City Council’s review and approval. (Planning & Zoning) Page 2 of 9 Resolution 43, 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 2. Prior to the issuance of the first building permit, the Applicant shall comply with Section 78-262. Standards for artwork. of the City Code relative to Art in Public Places. The Applicant shall provide art on site or make a payment in lieu thereof. The Art in Public Places Advisory Board shall review and make a recommendation to the City Council on any proposed art on site. If the Applicant is providing public art on site, the art shall be installed prior to the issuance of the first Certificate of Occupancy, or as determined by the application for approval of the art. (Planning & Zoning) 3. Letter height for the principal tenant sign shall not exceed 24 inches in height. (Planning & Zoning) 4. Flat/wall signs for first and second floor users shall not exceed 18 inches in height. (Planning & Zoning) 5. All tenant signage shall be limited to blue or black in color. All tenant signage shall be individual channel letters. Cabinet signage is not permitted. (Planning & Zoning) Landscaping 6. 7. 8. 9. Prior to the issuance of any land clearing permits, the City shall be provided the option to salvage for public use any vegetation in harm’s way that will not be used in the future landscaping on the site. (City Forester) Prior to the issuance of the first clearing permit, the Applicant shall provide a plan acceptable to the City Forester for tree protection and replacement requirements in the event of loss of any trees that remain on site. (City F o res te r) Prior to the issuance of the Certificate of Occupancy, all utilities shall be placed underground in accordance with Section 78-51 0. Utilities. of the Land Development Regulations. (City Forester) All removal of exotic plant species from the site shall be completed before the issuance of the first Certificate of Occupancy. (City Forester) Engineerinq IO. The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) Page 3 of 9 Resolution 43, 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 11. 12. 13. 14. 15. 16. 17. Prior to the issuance of the first land clearing permit, the Applicant shall plat the site to include all existing and proposed easements and like encumbrances in accordance with LDR Section 78-446. Plat review and approval process. for City Council approval. (City Engineer, Planning & Zoning) Prior to the issuance of the first clearing-alteration permit, the Applicant shall submit signed/sealed/dated construction plans (paving/grading/drainage and waterhewer) and all pertinent calculations for review and comment. (City Engineer) Prior to construction plan approval and the issuance of the first land-clearing permit, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) Prior to the issuance of the building permit for the vertical construction, the Applicant shall provide an itemized cost estimate and surety for the project, in accordance with LDR Sections 78-309. Performance bond. and 78-461. Required subdivision improvements. The itemized cost estimate shall include all public elements for the on-site and off-site infrastructure-related improvements for the project. The cost estimate shall be dated, signed, and sealed by an engineer in the State of Florida. Surety will be based on 11 0% of the total City-approved cost estimate and shall be posted with the City. (Engineering) Prior to the issuance of the Certificate of Completion for the Infrastructure Permit by the Engineering Department or the issuance of the Certificate of Occupancy, whichever occurs first, the Applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping and light poles to be placed within the utility easements. (Engineering) Prior to issuance of the Certificate of Completion for the Infrastructure Permit by the Engineering Department or the issuance of the Certificate of Occupancy, whichever occurs first, the Applicant shall provide revisions to the Infrastructure Permit to reflect the latest site plan approval modifications for the City’s review and approval. (Engineering) Prior to the issuance of the Certificate of Completion for the Infrastructure Permit by the Engineering Department or the issuance of the first Certificate of Occupancy, whichever occurs first, the Applicant shall provide to the City copies of the required FDOT testings for review and approval. (Engineering) Page 4 of 9 Resolution 43, 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 18. Prior to the issuance of the Certificate of Completion for the Infrastructure Permit by the Engineering Department or the issuance of the first Certificate of Occupancy, whichever occurs first, the Applicant shall provide to the Engineering Department copies of all permits, permit applications, and Requests for Additional Information (RAls) to and from regulatory agencies regarding issues on all permit applications, certifications, and approvals. (Engineering) 19. The Applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements for construction activities, implementation of the approved plans, and inspection and maintenance of controls during construction. (Engineering) 20. Prior to the issuance of the Certificate of Completion for the Infrastructure Permit by the Engineering Department or the issuance of the first Certificate of Occupancy, whichever occurs first, the Applicant shall provide a Notice of Termination (NOT) for the project. (Engineering) 21 The construction, operation, and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If at any time during the project development it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the Applicant’s responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) 22. The build-out date shall be December 31, 2015, unless extended in accordance with Section 78-61. Effective period of development orders and enforcement of conditions. (Planning & Zoning) 23. The Applicant shall notify the City’s Public Works Division at least ten (IO) working days prior to the commencement of any work/construction activity within any public right-of-way within the City of Palm Beach Gardens. In the case of a City right-of-way, the Applicant has at least five (5) working days to obtain a right-of-way permit. Right-of-way permits may be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all work/construction activity within the public right-of-way and the subject development site. (Public Works) 24. Handicap signage shall conform to all FDOT regulations and City Code requirements. (City Engineer) Page 5 of 9 Resolution 43, 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 25. Police 26. 27. 28. 29. 30. 31. The Applicant shall not abandon the access easement between the property and RCA Boulevard to the north, and shall coordinate with the property owner to the north to develop a second ingresdegress over the easement should the property to the north redevelop. (City Engineer) Prior to the issuance of the first Certificate of Occupancy, all on-site lighting shall be installed, including all exterior pedestrian walkway lighting, which shall utilize 12-foot pedestrian scale light poles. All on-site lighting shall consist of metal halide or equivalent lighting approved by the Police Department. (Police Department) Prior to the issuance of the first Certificate of Occupancy for the building, an inspection by City staff shall determine that lighting locations and building addresses do not conflict with landscaping, including long-term tree canopy growth. (Police Department) Prior to the issuance of the first Certificate of Occupancy for the building, the Applicant shall provide a timer clock or photocell sensor engaged lighting above or near entryways and adjacent sidewalks for said building. (Police Department) Prior to the issuance of the Certificate of Occupancy for the building, all entry doors shall be equipped with a metal plate over the threshold of locking mechanism and case hardened deadbolt locks on all exterior doors with minimum one-inch throw, door hinges on the interior side of each door, and the main entries to the building shall be wired for closed-circuit digital camera surveillance system. (Police Department) Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. Noncompliance with the approved security and management plan may result in a Stop Work Order for the PUD. (Police Department) Prior to the issuance of the first Certificate of Occupancy for the building, all numerical addresses shall be placed at the front of the building. Each numerical address shall be illuminated for nighttime visibility, shall provide bi-directional visibility from the roadway (when applicable), shall be 12 inches in height, and shall be a different color than the color of the surface to which it is attached. The rear doors of a building with multiple tenants shall have an illuminated 6-inch suite number on or along the side door. (Police Department) Page 6 of 9 Resolution 43, 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 32. 33. 34. Prior to the issuance of the first Certificate of Occupancy for the building, elevator cab interiors that are not completely visible when the door is open shall have shatter-resistant mirrors placed in a location approved by the Police Department. (Police Department) Prior to the issuance of the first Certificate of Occupancy, the building shall have roof-top numbers placed parallel to the addressed street, only visible from the air. The numerals shall be white-blocked lettered, weather- resistant material, 4 feet in height and 18 inches wide. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each building, interior stairwell doors shall have glazing vision panels, 5 inches wide by 20 inches in height. Areas beneath stairways at ground level shall be fully enclosed. Fully-enclosed stairways with solid walls shall have shatter- resistant mirrors at each level and landing placed to provide visibility around corners. (Police Department) Miscellaneous 35. Required digital files of the approved plat shall be submitted to the Planning and Zoning Division prior to the issuance of the first Certificate of Occupancy, and approved civil design and architectural drawings shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager , Develop men t Com p I iance Off ice) SECTION 5. This amendment to Old Palm PCD Parcel A is hereby approved subject to strict compliance with the Exhibits attached hereto and made a part hereof as follows: Exhibit 1 : Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Village Square II Site Plan, Sheets SP-1 and SP-2, prepared by Urban Design Ki/day Studios, revised July 14, 201 1 , and received by the City on July 14, 201 1. Village Square II Landscape Plan, Sheets LA-1 and LA-2, prepared by Urban Design Kilday Studios, revised July 14, 201 1. Monument Sign Detail, 1 Sheet, submitted by Urban Design Kilday Studios, and received by the City on July 14, 2011. Building Signage Plan: 1 Sheet, prepared by Inter-Plan, Inc., submitted by Urban Design Studio, and received by the City on July 14, 201 1. Architectural Floor Plans and Elevations, Sheets A-I through A-5, prepared by Inter-Plan, Inc., dated June 23, 2006 (carried forward from Resolution 77, 2007). Page 7 of 9 Resolution 43, 201 1 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 38 39 40 41 42 43 44 45 46 SECTION 6. Resolution77, 2007 is hereby repealed in its entirety and is of no further force or effect. SECTION 7. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 8. This Resolution shall become effective immediately upon adoption. Page 8 of 9 Resolution 43, 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 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\RESOLUTlONSPOl I \Resolution 43 201 I-site plan amd - Village Square II ver 1 .docx Page 9 of 9 Resolution 43, 201 1 EXHIBIT 1 24 P:, f 'I t I3,EP Village Square II I w E I m rn x $! 0 7i m Z 0 I 0 -I rn rn 2 r B z 1-21 i? I P W I 6 i i ? I -I ;o m m I1 II I I a I c W Palm Beach Gardens, FI Landscape Details I 4 - 1w-1- ---. I rrm.-*nm----- -"-l.+w.l MONUMENT SIGN F I Tu, ob m * NOT TO SCALE 12" x 12" DIAGONAL ROPE STYLE SIGN FACE rn X P w CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 11,201 1 Petition: SPLA-11-04-000022 Resolution 44,2011 SubjectlAgenda Item: SPLA-11-04-000022 Old Palm Planned Community Development (PCD) Amendment for Parcel F1 (Clubhouse Parcel) Public Hearing & Consideration of Approval: A request by the property owners, Old Palm Holdings LP and Old Palm Golf Club, Inc., for approval of a major site plan amendment for Parcel F1 to delete fourteen (14) unbuilt dwelling units and to add four (4) tennis courts to Parcel FI. The Old Palm Golf Club PCD is generally bounded by PGA Boulevard to the south, Westwood Gardens to the north, Central Boulevard and Interstate 95 to the east, and Florida’s Turnpike to the west. X ] Recommendation to APPROVE with one (1) waiver Reviewed by: Director of Planning & Zoning Developent Compliance & B areh Wolfs, AlCP Approved By: Ronald M. Ferris Originating Dept.: Planning & Zoning: Project vanager 494 Ri a d . Mar ro, SeniorTlanner [XI Quasi - Judicial [ ] Legislative [XI Public Hearing Advertised: [XI Required [ ] Not Required Date: 07.27.201 1 Paper: Palm Beach Post Affected parties: [XI Notified [ ] Not Required Finance: Accountant %\I SaGh Varga FeesPaid: Yes Funding Source: [ ] Operating [XI Other N/A Budget Acct.#: - N/A Council Action: [ ]Approved [ ] App. wl Conditions [ ] Denied [ ] Rec. Approval [ ] Rec. App. w/ Conds. [ ] Rec. Denial [ ] Continued to: Attachments: 0 Location Map 0 Development Application 0 Project Narrative 0 Resolution 215, 2002 0 Resolution 20, 2004 0 Resolution 44, 201 1 0 Reduced Plans Meeting Date: August 11, 201 1 Resolution 44, 201 1 Page 2 of 6 SPLA-11-04-000022 BACKGROUND The Old Palm Golf Club Planned Community Development (PCD) was approved on September 4, 2002, via the adoption of Ordinance 32, 2002. The Old Palm PCD Master Plan provided for 333 single-family residential units and a private 19-hole golf course on approximately 651 acres. The PCD is bisected by Central Boulevard creating two (2) portions of the PCD. The eastern portion (70.5 acres) was approved for the development of a golf academy, a golf maintenance facility, a practice range, and a three- (3) hole practice course. The portion lying west of Central Boulevard (580.5 acres) was approved for eight (8) residential parcels and one (1) clubhouse parcel (Parcels A, B, C1, C2, D, E, FI, and F2). Each site plan was approved by individual Development Orders. On February 6, 2003, the City Council approved Resolution 215, 2002, the Development Order for the subject parcel, which allowed for the construction of a clubhouse, fitness center, and 18 casita units (please see affached Resolution). The approved casita units were similar to a two- (2) family dwelling unit, but did not contain a kitchen, and were intended to be an amenity for club members to use for out-of-town guests and visitors. The casita units were included in the overall approved units for the PCD, but were not approved as dwelling units on the clubhouse parcel. On March 11, 2008, an Administrative Amendment was approved, which created individual lots for the casita units through a metes and bounds subdivision approval. Subsequently, on September 1 , 201 0, Old Palm Holdings, LP acquired lands previously owned by WCI Communities, LLC (WCl), which is the master developer of the Old Palm PCD. Those lands included a portion of Parcel FI, the casita units site. While Parcel F1 was approved for 18 casita units, only four (4) units were constructed. The parcel where the main clubhouse facility and two (2) casita buildings (four (4) units) are located have been built and is owned by the Old Palm Golf Club, Inc, which is one of the Applicant's for this request. The other parcel, including the land the unbuilt casita units were located, and where the tennis courts are now proposed, is owned by Old Palm Holdings, LP, a joint Applicant in this request. LAND USE AND ZONING The subject site has a zoning designation of Planned Community Development (PCD) Overlay with an underlying zoning of Residential Medium (RM) and has a land use designation of Residential Medium (RM). The existing land uses and zoning designations of properties surrounding the site are provided in the following table: Meeting Date: August 11, 201 1 Resolution 44, 201 1 Page 3 of 6 SPLA-11-04-000022 Table 1. Land Use and Zoning Subiect Property Old Palm Golf Club PCD North Westwood Gardens Planned Unit Development (PUD) South PGA Concourse Buildings, Residential (Ballenlsles Golf Course Community) West 1 Florida’s Turnpike, Mirasol Planned Community Development 1 (PCD) - East 1 Old Palm Golf I Maintenance Facility PROJECT DETAILS Residential Low3 (RL-3) Planned Community Development (PCD) Overlay Planned Unit Development WD) Commercial Neighborhood (CN), Planned Community Development (PCD) Overlay Planned Community Development (PCD) Overlay Residential Low-3 (RL-3) Planned Community Development (PCD) Overlay Residential Medium (RM) Residential Medium (RM) Commercial (C) / Residential Low (RL) Residential Low (RL) Residential Medium (RM) / Residential High (RH) The Applicant is requesting approval of a major site plan amendment to remove 14 of the approved (unbuilt) casitas from Parcel FI. These unbuilt units are proposed to be added to Parcel A and C via two (2) concurrent site plan amendment petitions being processed for each respective parcel. In place of the casita units, the Applicant proposes to construct four (4) tennis courts. The tennis court construction will be phased, with two (2) courts being constructed initially. The two (2) existing casita buildings (4 units) will continue to be owned and operated by the Club. Following approval of the site plan amendment, Old Palm Holdings, LP will transfer title of its land area to Old Palm Golf Club (please see Conditions ofApproval). The Clubhouse facility and casita sites are internal to the Old Palm PCD and are bordered on the west by lake tracts and the Old Palm golf course links. The parcels are bordered by Parcel F2, Parcel B, Parcel A, and internal roadways to the north. The parcels are bordered by Old Palm Drive, the Old Palm PCD landscape buffer, and Central Boulevard to the east. Lastly, the southern boundaries of the parcels are bordered by Old Palm golf course links, Parcel E, Old Palm Drive, and the Old Palm PCD landscape buffer. Meeting Date: August 11, 201 1 Resolution 44,201 1 Page 4 of 6 SPLA-11-04-000022 CONCURRENCY Concurrency was reserved through the PCD approval process for 333 units. The relocation of 14 dwelling units from Parcel F1 to Parcel A and Parcel C will not generate any additional concurrency requirements. Site Details and Access The clubhouse parcel is accessed via the internal network of spine roadways within the PCD. Emergency fire access has been shifted to accommodate the proposed tennis courts. The Fire Department has reviewed the proposed emergency access modification and supports the realignment. Architecture No changes are proposed to the architecture of the clubhouse or casita buildings. Drainage The Applicant has provided an updated drainage statement which addresses the changes in pervious and impervious areas. Drainage outfall from this site will be accomplished by drainage into inlets, with outfall into the overall Old Palm PCD drainage system. Landsca pinq The proposed Hartru clay tennis courts are being screened and landscaped with hedges of Podocarpus and Green Island Ficus. The courts will be bordered by Royal Palms and accented with shrubs, groundcovers, and flowering trees. As part of the tennis court design, the Applicant proposes a trellis and gazebo, which will provide shade between the courts. The fences around the tennis courts will be a maximum of IO’ in height, which is below the 15’ allowed by City Code for tennis courts. Parking for the clubhouse, fitness center, spa, outdoor dining, Golf Course and Academy, and the casita’s requires 218 vehicular spaces. With the proposed plan, the required parking is reduced by 14 spaces. Therefore, 204 vehicular spaces are required and have been provided. Twelve (12) additional golf cart parking spaces have also been provided with this petition. Meeting Date: August 11, 201 1 Resolution 44, 201 1 Page 5 of 6 SPLA-11-04-000022 1 Lighting IO, Property Regulations Side Setback Dev. 10’ * 1’ 9’ Approval (1) The tennis courts will not be illuminated for nighttime use (please see conditions of approval). Lighting will be provided within the parking areas via the existing light poles. Minor field adjustments of light poles may occur within certain parking areas affected by the construction of the proposed improvements. CPTED Compliance Crime Prevention Through Environmental Design (CPTED) is a branch of situational crime prevention that maintains the basic premise that the physical environment can be designed or managed to produce behavioral effects that will reduce the incident and fear of crime. The Police Department has reviewed the subject petition and has no comments or concerns. Waiver Requests The Applicant is requesting one (1) waiver with this petition. *Note: City Code Section 78-181. Accessory uses. requires that accessory uses shall not exceed setback requirements applicable to the principal structure. 1 The Applicant requests a waiver from City Code Section 78-141. Table IO. to allow the westernmost tennis court to be located one (1) foot from the property line. The Applicant states in its waiver justification, “The tennis courts need to be oriented as close to a north-south alignment as possible for the optimum sun orientation to avoid background glare at dawn or dusk. It is also preferred to align the centerlines of all adjacent courts to avoid visual distractions between the courts.” The Applicant is requesting a waiver for “Tennis Court #I” to be located one (1) foot from the property line. The clubhouse parcel is separated from the closest residential lots to the north by an open space tract that measures approximately 60’ wide. Within the open space tract is mature landscaping and a meandering river with small waterfalls. A significant amount of buffering between the tennis courts and the adjacent residential pod exists, which ensures that noise and visual impacts from adjacent properties have been mitigated. The proposed location of the tennis courts will also be well screened by the existing and proposed landscaping on the eastern property boundary. Furthermore, the proposed tennis courts will not be Meeting Date: August 11, 201 1 Resolution 44, 201 1 Page 6 of 6 illuminated for nighttime play, therefore eliminating the potential impacts of lighting and glare. The other three (3) tennis courts proposed meet all other applicable setbacks. Staff recommends approval of fhe waiver request. SPLA-11-04-000022 MODIFICATIONS TO RESOLUTION 215,2002 Resolution 21 5, 2002, the Development Order for Parcel F1 , approved a clubhouse, fitness center, 18 casita units, and covered parking structures that were to be included in the Phase II improvements. The Applicant no longer desires to proceed with the covered parking structures; therefore, the following conditions are proposed to be deleted: 5. Construction of the covered parking structures in Phase I1 shall be limited to off-season months only (April to October). During construction, six (6) handicap parking spaces shall be provided in this area at all times, along with the required access pathshamps and signage, all of which shall be fully functional and meet ADA requirements and standards. (City Engineer) 6. Prior to the issuance of the first building permit for Phase It, the Applicant shall submit all necessary plans for the proposed covered parking structures east of the clubhouse. (City Engineer) COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On May 19, 2011, the subject petition was reviewed by the DRC committee. No objections were received. At this time, all comments related to the project have been satisfied. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On July 12, 2011, the Planning, Zoning, and Appeals Board recommended approval of the subject petition to City Council by a vote of 6-0. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 44, 201 1 as presented. I . CITY OF PALM BEACH GARDENS DE~OPMENT APPLXCATION Date Submitted: Planning and Zoning Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 334 10 (561) 799-4243 Fax (561) 799-4281 Apr 7,201 1 Request: b FOR OFFICE USE ONLY Petition Number: Fees Received Application $ Engineering $ Receipt Number: Date & Time Received: Project Name: Old Palm PCD- Parcel F1 (Clubhouse) Owner: Old Palm Holdings, LP and Old Palm Golf Club, Inc. Applicant (if notowner): Applicant’s Address: 11089 Old Palm Drive, PBG, FL TelephoneNo. (561) 493-7220 Agent: Urban Design Kilday Studios Contact Person: Anne Booth E-Mail: abooth@udkstudios.com Agent’s Mailing Address: 477 S. Rosemary Avenue, WPB, FL 33401 Agent’s TelephoneNumber: (561) 366-1 100 NA Architect: Keshevarz 8, Associates, (561) 689-8600 Engineer: Urban Design Kilday Studios, (561) 366-1 100 Planner: Lang Design Group, 561-688-9996 / Urban Design Kilday Studios, 561-366-1 100 Landscaoe Architect: Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. Northwest Corner of PGA Boulevard and Central Boulevard General Location: Northwest Corner of PGA Boulevard and Central Boulevard Address: 41/42 42 Township: Range: 02/35 Section: Multiple Property Control Numbers affected, please see attached Property Control Number(s): Exhibit A for all PCN's affected Acreage: Current Zoning: PCD/RL-3 Req uestedZon i ng: No Change B Flood Zone Base Flood Elevation (BFE) - to be indicated on site plan RM/RH (Residential) Current Comprehensive Plan Land Use Designation: Residential Existinq Land Use: No Change Requested Land Use: Existing Proposed Use(s) i.e. hotel, single family residence,etc.: residential community Not Applicable Proposed SquareFootageby Use: ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): Parcel F1 currently has approval for 18 Casita units. We are proposing to remove 14 units leaving 4. 2 Just if i ca t ion Information concerning all requests (attach additional sheets if needed.) (Section 78-46, Application Procedures, Land Development Regulations.} 1. ~~~l~i~ the nature of the request: This request is directly related to two tandem petitions to modify Parcels A and C to relocate four (4) dwelling units to Parcel C2 and ten (IO) dwelling units to Parcel A. The proposed redistribution of dwelling units will not increase the total number of units allowed on the Master Plan. In lieu of the Casita Units, this application is requesting approval to allow 4 tennis courts on the site. 2. What will be the impact of the proposed change on the surrounding area? There will be no impact to the surrounding area. The total number of dwelling units in the Old Palm PCD remain the same. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. This is not a request to rezone the property. Compliance with the Vision Plan and the Comprehensive Plan ~~ ~~~~~ were addressed when the PCD was approved. 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301 Land Development Regulations)? All requirements for preservation of natural resources and native vegetation were addressed with the amroval of the PCD. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter Not Applicable 78-26 1 Land Development Regulations)? 6. Has project received concurrency certification? Yes, Concurrency has been previously approved and is on file with the city. Date Received: Jan 1,2001 Legal Descriptionof thesubject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately O-O mile(s) from the intersectionof Central Boulevard i3 PGA Blvd. , on then north,neast,nsouth,Rwest side of (streethoad). Central Boulevard 4 Exhibit 'A' LEGAL DESCRIPTION PARCEL A LOTS 123 THRU 145, CONSECUTIVELY OF OLD PALM PLAT THREE, AS RECORDED IN PLAT BOOK 100 PAGES 85 THRU 94, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH A PORTION OF, TRACT S-3 OF OLD PALM PLAT THREE, AS RECORDED IN PLAT BOOK 100 PAGES 85 THRU 94, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LEGAL DESCRIPTION PARCEL C, LOTS 255,256, AND 265 LOTS 246,255,256, AND 265, CONSECUTIVELY, AND A PORITON OF OPEN SPACE TRACTS 22 AND 25, OF OLD PALM PLAT FOUR, AS RECORDED IN PLAT BOOK 101 PAGES 119-123, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LEGAL DESCRIPTION CLUBHOUSE AND CASITA PARCEL /TRACT F-I) TRACT F-I OF OLD PALM PLAT FIVE (LESS PARCEL IN OR 23433 P 467, WA RECREATION TRACT, AS RECORDED IN PLAT BOOK 101 PAGES 57 THRU 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH, TRACT F-I OF OLD PALM PLAT FIVE IN OR 23433 P 467, WA RECREATION TRACT, AS RECORDED IN PLAT BOOK 101 PAGES 57 THRU 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Applicant’s Certification I/We affirm and certify that I/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further, I/we understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beacmrdens, Florida, and are not returnable. Applicant is: r Owner r Optionee Sigxatureof Applicant ‘ Anne Booth Print Name of Applicant 477 S. Rosemary Avenue Street Address West Palm Beach, Florida 33401 r Lessee City, State, Zip Code Agent (561) 366-1 100 Telephone N u m be r r Contract Purchaser (561) 366-1 11 1 Fax N umber abooth@udkstudios.com E-Mail Address 6 STATEMENT OF OWNERSHIP AND DESIGNATION OF AUTHORIZED AGENT Before me, the undersigned authority, personally appeared RICHARD SCHAUPP, who being sworn on oath, deposes and says: 1. That, he is the AUTHORIZED SIGNATORY of Clarion Partners, LLC, a New York limited liability company, as its Manager of Clarion Development 111, LLC, a Delaware limited liability company, as Sole General Partner of Clarion Development Ventures, Ill, L. P., a Delaware limited partnership, as Sole Member of CDVlll Old Palm, LLC, a Delaware limited liability company as Managing General Partner of OLD PALM HOLDINGS, L.P., a Delaware Limited Partnership, which is the owner of certain properties within the Old Palm Planned Community Development, as described in the attached legal description: (See attached Exhibit A) 2. That he is authorized to act on behalf of OLD PALM HOLDINGS, L.P., with regard to this application, and; 3. That, OLD PALM HOLDINGS, L.P., is requesting Major Site Plan Amendments for Parcel A, Parcel C, and the Clubhouse site and Plat approvals for Parcels A and C, within the Old Palm community and as more specifically described in the attached Exhibit A, and; 4. That, OLD PALM HOLDINGS, L.P., has appointed ANNE BOOTH and URBAN DESIGN KILDAY STUDIOS to act as Agent on it=s behalf to accomplish the above, and; 5. That, OLD PALM HOLDINGS, L.P., and/or its successors or assigns, commits to proceed with the proposed development in accordance with the Ordinances and Resolutions of approval and such conditions and safeguards as may be set by the City Council in such Ordinance, and; 6. That OLD PALM HOLDINGS, L.P., or its successors or assigns, commits to complete the development according to the plans approved by such Ordinance, and to continue operating and maintaining such area, functions, and facilities as are not to be provided, operated or maintained by the City of Palm Beach Gardens pursuant to written agreement, and; 7. That, OLD PALM HOLDINGS, L.P., commits to bind any successors in title to any commitments made in the approval. OLD PALM HOLDINGS, L.P., a Delaware Limited Partnership BY: CDVlll Old Palm, LLC, a Delaware limited liability company Its Managing General Partner By: CLARION DEVELOPMENT VENTURES 111, L.P., a Delaware limited partnership, Its Sole Member By: CLARION DEVELOPMENT 111, LLC, a Delaware limited liability company, Its Sole General Partner By: CLARION PARTNERS, LLC, a New York limited liability company, Its Manager BY: 7% Rich rd Sc u p, as Authorized Signatory STATE OF Nw fik COUNTYOF &,t~ s Before me personally appeared Richard Schaupp who is personally known to me and who executed the foregoing instrument as an Authorized Signatory of CLARION PARTNERS, LLC, a New York limited liability company, as Manager of CLARION DEVELOPMENT 111, LLC, a Delaware limited liability company, as Sole General Partner of CLARION DEVELOPMENT VENTURES 111, L.P., a Delaware limited partnership, as Sole Member of CDVlll Old Palm, LLC, a Delaware limited liability company, as Managing General Partner of OLD PALM HOLDINGS, L.P., a Delaware Limited Partnership, and severally acknowledged to and before me that he executed said instrument as such authorized signatory on behalf of OLD PALM HOLDINGS, L.P., a Delaware Limited Partnership, and that said instrument is the free act and deed of OLD PALM HOLDINGS, L.P., a Delaware Limited Partnership . Witness my hand and official seal this 14*day of Ju\L/ ,2011 Exhibit ‘A’ LEGAL DESCRIPTION PARCEL A LOTS 123 THRU 145, OF OLD PALM PLATTHREE, AS RECORDED IN PLAT BOOK 100 PAGES 85 THRU 94, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH A PORTION OF, TRACT S-3 OF OLD PALM PLAT THREE, AS RECORDED IN PLAT BOOK 100 PAGES 85 THRU 94, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LEGAL DESCRIPTION PARCEL C, LOTS 255,256, AND 265 LOTS 246,255,256, AND 265, AND A PORTION OF OPEN SPACE TRACTS 22 AND 25, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. OF OLD PALM PLAT FOUR, AS RECORDED IN PLAT BOOK 101 PAGES 119-123, LEGAL DESCRIPTION CLUBHOUSE AND CASITA PARCEL {TRACT F-I) TRACT F-I OF OLD PALM PLAT FIVE (LESS PARCEL IN OR 23433 P 467, WA RECREATION TRACT, AS RECORDED IN PLAT BOOK 101 PAGES 57 THRU 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH, TRACT F-I OF OLD PALM PLAT FIVE IN OR 23433 P 467, K/A RECREATION TRACT, AS RECORDED IN PLAT BOOK 101 PAGES 57 THRU 67, PUBLIC REC0RD.S OF PALM BEACH COUNTY, FLORIDA. Palm Beach Gardens Growth Management Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 56 1 - 799-4230 Permit # Financial Responsibilitv Form The owner understands that all City-incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner andlor designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, andlor any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner andlor designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The ownerldesignee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Growth Management Department if the name andlor address of the responsible party changes at anytime ation review process. Richard Schaum, Authorized Signatory MultiDle PCN’s (see attached Listing) Property Control Number Owner printed name DESlGNEElBlLL TO: Old Palm Holdinas. LP 11089 Old Palm Drive Palm Beach Gardens, FL 33418 NOTARY ACKNOWLEDGEMENT STATE OF WL COUNTYOF a- LYNN MARIE ANTLJNOWCH -Public Stale of New YoIlr NO OlAN6186543 Quslified In Queens canty Tenn Expires May 5 2017 Printed name My Commission expires: PALM BEACH COUNTY PROPERTY CONTROL NUMBERS OLD PALM - PARCEL A 52-42-41 -35-06-000-1 230 thru 52-42-41-35-06-000-1450 OLD PALM - PARCEL C 52-42-41 -35-09-000-2460, 52-42-4 1 -35-09-000-2550, 52-42-41 -35-09-000-2650 52-42-41 -35-09-000-2560, and OLD PALM - PARCEL CLUBHOUSE / CASITA 52-42-41 -35-07-006-001 0, and 52-42-41 -35-07-006-0020 STATEMENT OF OWNERSHIP AND DESIGNATION OF AUTHORIZED AGENT Before me, the undersigned authority, personally appeared MICHAEL H. FROST, who being sworn on oath, deposes and says: I. That, he is an DIRECTOR of OLD PALM GOLF CLUB, INC., a Florida non-profit corporation, which is the owner of certain properties within the Old Palm Planned Community Development, as described in the attached legal description: (See attached Exhibit A), and; 2. That he has been authorized by the Board of the Directors to act on behalf of OLD PALM GOLF CLUB, INC., with regard to this application, and; 3. That, OLD PALM GOLF CLUB, INC., is requesting Major Site Plan Amendments to the approved plans for the Clubhouse site within the Old Palm community and as more specifically described in the attached Exhibit A, and; 4. That, OLD PALM GOLF CLUB, INC., has appointed ANNE BOOTH and URBAN DESIGN KILDAY STUDIOS to act as Agent on it’s behalf to accomplish the above, and; 5. That, OLD PALM GOLF CLUB, INC., andlor its successors or assigns, commits to proceed with the proposed development in accordance with the Ordinances and Resolutions of approval and such conditions and safeguards as may be set by the City Council, and; 6. That OLD PALM GOLF CLUB, INC, or its successors or assigns, commits to complete the development according to the plans approved by such Ordinances and Resolutions, and to continue operating and maintaining such area, functions, and facilities as are not to be provided, operated or maintained by the City of Palm Beach Gardens pursuant to written agreement, and; 7. That, OLD PALM GOLF CLUB, INC., commits to bind any successors in title to any commitments imposed upon the approval. OLD PALM GOLF Gcug, INC. By: MICHAEL H. FROST, Director Sworn to and subscribedme me this $Q dayofmri( ,2011. Exhibit ‘A’ LEGAL DESCRIPTION - CLUBHOUSE (TRACT F-1)- TRACT F-1 OF OLD PALM PLAT FIVE (LESS PARCEL IN OR 23433 P 467, WA RECREATION TRACT, AS RECORDED IN PLAT BOOK 101 PAGES 57 THRU 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA PROJECT NARRATIVE OLD PALM GOLF CLUB PCD urban design ki I dau STUDIOS~ MAJOR SITE PLAN AMENDMNT CLUBHOUSE AND CASITAS Urban Planning and Design Communication Graphics April 7, 2011 Landscape Architecture Amended June 20,201 1 Histow, Location, Land Use On September 19, 2000 the Old Palm PCD was approved by the City Council through the adoption of Ordinance 32, 2002 to allow 333 dwelling units, a private 19-hole golf course, clubhouse, maintenance facilities, golf services area and three practice holes. Parcel FI, an approximate 9.69 acre site, was originally approved for the Clubhouse Facility and Casitas on February 6, 2003 via Resolution 215, 2002. The approval included a clubhouse, fitness center and eighteen (18) Casitas units. The Casita units have had a number of subsequent administrative amendments to modify the site plan, architecture and landscaping. The most recent administrative approval ADMIN-07-11- 0001 01 was approved on March 11, 2008, to approve a metes and bounds subdivision. The Clubhouse and Casita site (Parcel FI) is zoned "Planned Community District" (PCD) with underlying zoning of Residential Medium (RM), a Future Land Use Plan designation of Residential Medium (RM) and Residential High, and a Master Plan designation of Clubhouse and Residential Medium. The zoning districts used for comparable land development regulations are PI-Public Institutional and RM- Residential Medium. On September 1, 2010, Old Palm Holdings, LP acquired lands previously owned by, WCI Communities, LLC (WCI), the master developer of the Old Palm PCD. Those lands include a portion of Parcel F-I, the Casitas site, on which fourteen (14) of the eighteen (18) approved Casita units were approved, but not constructed. The land where the main clubhouse facilities and two (2) Casita buildings (four (4) units) have been constructed is owned by the Old Palm Golf Club, Inc, which is the joint applicant in this request. Following approval of the site plan amendment Old Palm Holdings will transfer title of their land area to Old Palm Golf Club. The Clubhouse facility and Casita sites are internal to the Old Palm PCD and are bordered on the west by lake tracts and the Old Palm golf course links. To the north the sites are bordered by Parcel F-2, Parcel B, and Parcel A, as well as internal roadways. To the east the sites are bordered by Old Palm Drive, the Old Palm PCD community buffer, and Central Boulevard. To the south (sout!ga$,) the sites are bordered by Old Palm golf course Palm Drive, and the Old Palm PCD community 477 S. Rosemary Avenue West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax Lccoooo35 Suite 225 - The Lofts at CityPlace is. u*rrrn www.udkstudios.com Old Palm Clubhouse & Casitas Major Site Plan Amendment Project Narrative April 7, 201 1 Page 2 Request The request is for Major Site Plan Amendment to remove and relocate fourteen (14) of the approved, but un-built, Casitas from Parcel F-I and to assign those units to Parcel A and Parcel C. In place of the Casita units the applicant would like to construct 4 tennis courts. The tennis court construction will be phased with two courts being constructed initially. The two existing Casita buildings (4 units), will continue to be owned and operated by the Club. Site Plan applications to transfer the 14 units into Parcels A and C are being submitted simultaneously with this application. Concurrency This is a request to relocate previously approved dwelling units from parcel to parcel within the boundaries of the Old Palm PCD. The Master Plan was approved for 333 residential units. The City Council has approved 320 individual units which include 302 platted lots and 18 Casitas. The relocation of the 14 Casita units is within the limits of approval of the Master Plan and will not generate any additional traffic. Access The primary driveway access will remain as currently constructed. Emergency Fire Access has been shifted slightly to accommodate the tennis courts. The amended fire access location has been reviewed with the Fire Dept. and they do not have any concerns in that regard. Drainage Drainage outfall from this site will be accomplished by drainage into inlets, out-falling into the overall Old Palm drainage system. Included in this application is a drainage statement which addresses the changes in pervious and impervious areas. Parking Currently parking for the Clubhouse, Fitness Center, Spa, outdoor dining, Golf Course and Academy, and the Casita’s requires 218 spaces. With the removal of the 14 residential units, the required parking is reduced by 14 spaces (1 per unit). The re- design of the site requires the removal of 13 spaces. During construction of the clubhouse, a space was lost to the construction of a FPL transformer which results in 204 spaces being required and 204 spaces provided. Additional parking for the tennis courts is provided by 12 golf cart parking spaces. . 1 Old Palm Clubhouse & Casitas Major Site Plan Amendment Project Narrative April 7, 201 1 Page 2 Landscaping and Amenities The proposed Hartru tennis courts are being screened and landscaped with hedges of Podocarpus, and green island ficus. The courts will be flanked by Royal Palms and accented with shrubs, groundcovers and flowering trees. As part of the tennis court design a trellis and gazebo will be constructed for shade between courts 1 and 2 and eventually between courts 2 and 3. A trellis will be constructed adjacent to court 4. Each covered area will have a water fountain. The fences around the tennis courts will be a maximum of IO’ in height. This application does not include a request for amendment to the current signage program for the Clubhouse site. Waivers The applicant would like to request a waiver from Section 78-141, Table IO, which requires a side setback of 10 feet for structures, to allow the tennis courts to be located 1 foot from the northern (side) property line. The location of the tennis courts, in proximity to the property line, is a direct correlation to the orientation to the sun. The tennis courts need to be oriented as close to a north- south alignment as possible for the optimum sun orientation to avoid background glare at dawn or dusk. It is also preferred to align the centerlines of all adjacent courts to avoid visual distractions between the courts. To achieve this orientation and alignment, the northwest corner of the westernmost court comes within the 10 foot setback area. There are also existing utilities, the emergency fire access and the existing parking lot which have limited the ability of the courts to shift out of the setback area. The proposed location for the tennis courts was chosen because of its proximity to the parking lot, its availability for development and the ability to screen the courts. The proposed tennis courts will be located on the south side of an existing landscaped berm and water feature. The existing buffer provides a substantial barrier to the residential units to the north. The proposed location of the tennis courts will also be well screened by the existing and proposed landscaping on the eastern property boundary. The proposed tennis courts will only be available for play during daylight hours therefore no nighttime lighting will be provided which would need to be screened. The proposed tennis courts will provide a desirable amenity to the club members. Date Prepared: January 17,2003 Resolution 2 15,2002 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 215,2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM CLUBHOUSE, FITNESS CENTER, AND CASITAS ON PARCEL M WIT” THE OLD PALM GOLF CLUB PLANNED COMMUNITY DISTRICT (PCD), GENERALLY LOCATED AT THX NORTHWEST CORNER OF PGA BOULEVARD AND CENTRALBOULEVARD, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. BEACH GARDENS, FLORIDA, APPROVING A 9.64-ACRE SITE FOR A WHEREAS, the City has received an application fiom Community Finance Company, for approval of a 9.64-acre site for a Clubhouse, Fitness Center, and Casitas on Parcel F1 within the Old Palm Golf Club Planned Community District, located generally at the northwest corner of PGA Boulevard and Central Boulevard, as more particularly described in Exhibit “A” attached hereto; and WHEREAS, the site is currently zoned Planned Community District (PCD) Overlay with underlying zoning of Residential Low (RL), and a future land-use designation of Residential Medium (RM) and Residential High (RH); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, on October 8,2002, the Planning and Zoning Commission recommended approval of the Old Palm Golf Club Clubhouse, Fitness Center, and Casitas; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1 : The foregoing “WHEREAS” clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for a 9.64-acre site known as Parcel Flwithin the Old Palm Golf Club Planned Community District, as more particularly described in Exhibit “A” attached hereto and incorporated herein, allowing for the construction of a Clubhouse, Fitness Center, and Casitas. Date Prepared January 17,2003 Resolution 215,2002 SECTION 3: Said site plan approval shall comply with the following conditions, which shall be binding upon the applicant, its successors, assigns and/or grantees: 1. Prior to issuance of the first certificate of occupancy, the surface water management system and storm drainage system necessary to support Parcel F1 shall be constructed, certified by the Engineer-of-Record, and approved by the City (City Engineer). 2. Required digital files of approved plat in its entirety transformed to NAD 83 State Plan Coordinate System shall be submitted to the Planning and Zoning division prior to building permit and approved civil as-built design and architect drawings shall be submitted to the Planning and Zoning Division prior to issuance of Certificate of Occupancy (GIs Manager, Development Compliance Officer). 3. Prior to construction plan approval, the applicant shall show handicap ramp locations on the construction plans consistent with the approved site plan and shall provide a handicap ramp details for each ramp style meeting current ADA (American Disabilities Act) standards to the satisfaction of the City Engineer. (City Engineer). 4. Prior to issuance of the Certificate of Occupancy for Phase I, the six handicap parking spaces east of the clubhouse shall be fully functional and shall remain fully functional during the construction of the covered parking structures in Phase II. (City Engineer) 5. Construction of the covered parking structures in Phase 11 shall be limited to off-season months only (April to October). During construction, six handicap parking spaces shall be provided in this area at all times, along with the required access paWramps and signage, all of which shall be hlly functional and meet ADA requirements and standards. (City Engineer) 6. Prior to issuance of the first building permit for Phase 11, the applicant shall submit all necessary plans for the proposed covered parking structures east of the clubhouse. (City Engineer) SECTION 4: The City Council of hereby approves the following waivers fiom the City Code with this approval: 1. A waiver from Section 78-344(L)( l)a, Parking, which requires 10-foot wide parking spaces, to allow for 9-foot wide parking spaces. 2. A waiver from Section 78-1 82, Exterior Lighting, which requires lighting not to exceed 10.0 foot-candles, to allow several areas in the parking lot to be 14.6 foot-candles. 2 Date Prepared January 17,2003 Resolution 2 15,2002 SECTION 5: Said approval shall be consistent with all presentations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 6: Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows: 1. Golf Club Site Plan GC-01, Planting Plan GC-02, Planting Details and Specifications GC-03 revised December 19,2002, by Urban Design Studio. 2. Preliminary Engineering Plan Sheets T1 and ldated December 19,2002, by Gee & Jenson. 3. Golf Clubhouse Photometric Plan PH-01 dated November 20,2002, by Jorge R. Cervantes, P.E., Inc. 4. Golf Clubhouse Architectural Plans DD2.1- DD2.9; Clubhouse Elevations DD3.1- DD3.4 dated May 20,2002, by William Zmistowski Associates, LLC. 5. Fitness Center Plans DD22.1, DD22.2, DD23.1 dated May20,2002, by William Zmistowski Associates, UC. 6. Casitas Plans DD32.1, DD33.1, DD33.2 dated May 20, 2002, by William Zmistowski Associates, LLC. SECTION 7: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such’conflict. SECTION 8: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 9: This Resolution shall become effective immediately upon adoption. [This space intentionally left blank.] 3 Date Prepared January 17,2003 Resolution 2 15,2002 PASSED, ADOPTED AND APPROVED this ., . :Jz I HEREBY CERTIFY that I have approved this RESOLUTION as to form. CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Jholloman/old palm /SP0210 reso 215 O2.doc -- AYE NAY ABSENT 4 EXHIBIT "A" OESCRIPTION OW PACU - CLUBHOUSE A PARCEL OF LAND BEING A Pmnm OF SECIION 2. TOWSHIP 42 SOUM, RANGE 42 LAST. an OF PALM BEACH GARDENS. PALM NORTHWEST i/4 OF SAID scrim 2, COR 2520.89 FEET THENCE SOUTH 01'4et47' ms~, FOR 211.72 mi TO THE PO~NT OF BEQNNING BEACH CoVFtlY. FLORIDA BE" MORE PARTICULARLY DESCRlOED AS FOLlOwS: COMMENCING AT THE NOATHnrEST mN€R OF WO SECTION 2; THENCE SWTH bU'll'l3' EAST ALONG THE NORM UNC: OF THE of nus MSCAIPW; THENCE SOUTH 43947437' EAST, FOR 34.02 FEET; Mma SWMEASTERLY AND NORMASTERLY ALONG ME ARC OF A TANGENT CURK WNCAX TO THE NOAMEAST HAMNG A RAOIUS OF 71.00 mT AN0 A WTW. ANGLE bF 6137'03', FOR 107.27 FEET; THENCE NORTHEASTERLY AN0 SWTN€ASTERLY ALONG THE ARC OF A REVERS€ CURS CONCAVE TO THE SOOMEAST HAVING A RAWUS (x 100.66 RCt AND A CWTRAS ANGlf ff 51'47'15', FOR 90.39 FEET; MNCf SWMEASTERLY AN0 NORMEASTERLY ALONG lME ARC OF A REmSE CUR% CWCAK TO THE NORTHWEST HAWNC A RUMS Of ldd.00 FEET AN0 A CENTRAL ANGU Of 5739'56'. FOR 101.23 FEET; THENCE !WlH 6950'33' EAST ALON A NN-TANCENT UNE. FOR 81.50 FKT: THENCE SOUTHMSTERLY AN6 S(KIT"EMTERLY ALONG THE ARC OF A NON-TANGENT CURVE CONCAM TO THE SOUTHEAST HAWC A RADIUS OF 284.00 FEET, A CHORD BEARWG OF SOUTH OJ'JO'OI' WEST AN0 A CENTRAL ANGLE OF 3320'05', FOR 165.23 FEET; MNCE S6UMMKNY AND- SWWWESTWY rSWG W€ MC W A REVERSE: CUR'+€ CWCA'R TO ME NORntv(ESt HAVING A RADIUS OF 266.00 FEET AND A CENTRAS ANCLE OF 4519'58', FOR 210,46 FER THENCE SOUTHWESTERLY ALONG Mf ARC W A REXI?= CURVE CONCAVE TO Mc; SOUTHEAST HAMNG A RAMUS Of 4062.22 FEET AN0 A CENTRAL bNGLE OF 0553'26'. FOR 417.64 FEET: WNCE NORTH 8638'31' XST ALONG A NON-TANCENT LNE, FOR 474.67 REq THENCE NORTH 00'02'32' WEST, FOR 258.93 FEET; THENCE NORTH 49'24'4.1' EAVI FDR 26.32 FEET; WEN# NORTHWSIIERLY AlWG THE ARC Of A NON-TANGENT CURS CONCAM 10 THE SOUTHKST HAWC A RADIUS OF 140.31 FEET, A CHORD BEARING ff NORTH 10'52'23' KST AND A CENTRAL ANGLE OF 0429'00', FOR 10.98 FEET; THENCE NORMMSTERLY AND NORTHEASTERLY MWG THE ARC Of A NON-TANGENT CURM CONCAK TO ME NORMAST HAWNC A MUS Of 62.00 FEET, A WORO BEARING OF NORTH 02'45'50" WEST AND A CENTRAL ANGLE OF 16'27'00", FOR 17.10 KEET: THENCE NORWASTERLY AND NORMWESTERLY ALONG THE ARC OF A REMRK WRK CONCAK TO THE NORTHWEST HAWNC A RADIUS OF 112.00 RET AN0 A CENTRAL ANGLE OF 0756'17". foR 13.52 FEET; THENCE NORM 3213'57' WEST ALONG A NON-TANGPIT LINE, FOR 33.73 FEET; THENCE NORTH 00'02'J2' KST, FOR 134.31 FRT; TH€Ncf NORM 6232'28".*EAST, FOR 309.72 FEET; THEF(CE NORMEAS'IERIY MdNC THE ARC OF A NON-TANGENT CURE CONCAN TO nrE SOUTHEAST HAWNG A RADIUS OF 24.85 FEET, A CHORD BEmG OF NORTH 0938'09" EAST AND A CENTRAL ANGLE OF 0932'55". FOR 4.14 FEET; WENCE NORTHEASTERLY ALONG THE ARC OF A COMPWNO CURE CONCAVE TO THE SOUIHEAST HAWNC A RADIUS OF 138.18 FEET AND A CENTRAL ANGLE OF 12'05'11", FOR 29.07 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A COMPOUND CURVE CONCAM TO THf SOUTHEAST HAVlNG A RAOIUS OF 254.30 FEET AND A CENTRAL ANGLE OF 06'35'33". FOR 26.96 FEET; THENCE NORTHEASTERLY AldNC THE ARC OF A REVERSE CURVE CONCAM TO THE NORTHEST HAVlNG A RADIUS OF 321.37 FEET AND A CENTRAL ANGLE: OF 11'35'oO0, FOR 64.97 FEET TO THE POlNT OF BEMNNING. CONTAINING 9.64 ACRES. MORE OR LESS. \ - 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 48 Date Prepared: January 7,2004 RESOLUTION 20,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPqOVING AMENDMENTS TO THE MASTER DEVELOPMENT PLAN FOR OLD PALM GOLF THE NORTHWEST CORNER OF 1 PGA BOULEVARD AND CENTRAL AVENUE WHICH LIES ]WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF PALM BEACH GARDENS, AS CERTAIN CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. I CLUB PLANNED COMMUNITY DEVELOPMENT LOCATED ON DESCRIBED MORE PARTICULARLY‘ HEREIN, AND TO MODIFY I WHEREAS, on September 8, 2002, the City Council approved Ordinance 32, 2002, thereby approving the Old Palm Golf Club PCD Mastbr Plan, which generally consists of 333 residential units and a private 19-hole golf course on itpproximately 651 acres; and WHEREAS, the City has received a request (PCD-03-01) from Henry Skokowski of Urban Design Studio, on behalf of the Community Filnance Company, for an amendment to the Old Palm Golf Club Planned Community Development (PCD) to allow for: (1) a modification to a condition of approval established in the PCD Development Order (Ordinance 32,2002) relating to the number of non-resident golf club memberships permitted within the PCD; (2) modifications to certain PCD buffers; and (3) a modification to the approved PCD Master Plan allowing for a minor change to the location of certain preserve areas on site; and f WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City’s Comprehensive Plan and Land Development Regulations, and has recommended approval; and WHEREAS, said PCD amendment petition was reviewed by the Planning and Zoning Commission on December 9,2003, and recommended its approval by a vote of 7-0; and WHEREAS, the City Council has considered thie evidence and testimony presented by the Petitioner and other interested parties and the rmommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City af Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY 7”E CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: * SECTION 1. The foregoing recitals are hereby cbffirmed and ratified. 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 47 48 Date Prepared: January 7,2004 Resolution 20,2004 SECTION 2. The amended Master Development Plan for Old Palm Golf Club Planned Community Development is hereby APPROVED on the following described real property to permit the development of the Old Palm Golf Club Planned Community Development with 333 single-family residential units, golf course, clubhouse, sales center, maintenance facilities, golf academy, and three practice holes on an approximately 651 -acre parcel generally located at the northwest corner of PGA Boiilevard and Central Boulevard, as more particularly described herein, subject to the conditions; of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: ! OLD PALM PCD A PARCEL OF LAND SITUATE IN SECTION 35, TOhNSHIP 41 SOUTH, RANGE 42 EAST, AND SECTION 2, TOWNSHIP 42 SOUTH, RANG6 42 EAST, WITHIN THE MUNICIPAL LtMlTS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I I COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE WEST LINE OF QUARTER SECTION LINE, A DISTANCE OF Z!,694.21 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEI,; SAID POINT OF BEGINNING BEING ON A CURVE HAVING A RADIAL BEARING OF SOUTH 59’35’10” EAST, A RADIUS OF 2,575.00 FEET, AND A CENTRAL ANGLE OF 75’39’04”. THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF POINT ON A CURVE HAVING A RADIAL BEARING OF SOUTH 54’26’54” EAST, A RADIUS OF 3,879.72 FEET, AND A CENTRAL ANGLE OF 08’ 04’ 22“. THENCE PROCEED NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND WEST THENCE NORTH 43’37’28’’ EAST, A DISTANCE OF: 373.82 FEET; TO A CURVE HAVING A RADIAL BEARING OF NORTH 46’35’56” EAST 19 RADIUS OF 1,669.35 FEET, AND A CENTRAL ANGLE OF 92’02’08”. THENCE PROCEED NORTHERLY ALONG THE ARC OF 2,681.51 FEET TO THE END OF SAID CURVE TO THE EAST-WEST QUARTER SECTION LINE, A DISTANCE OF 1,123.80 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID SECTION 35; THENCE SOUTH 87’5604” EAST, ALONG THE EAST-WEST 3,399.93 FEET TO THE WEST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD AND A RIGHT-OF-WAY LINE, A DISTANCE OF 546.64 FEET TO THE END OF SAID CURVE; SAID CURVE DEPARTING FROM SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF LINE; THENCE NORTH 87’56’04“ WEST, ALONG SAID EAST-WEST QUARTER SECTION PARCEL 31 .I 1 A PARCEL OF LAND SITUATE IN SECTION 35, TO\NNSHIP 41 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THk WEST RIGHT-OF-WAY LINE OF i INTERSTATE 1-95 AND THE EAST-WEST QUART$R SECTION LINE IN SAID SECTION I 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 48 Date Prepared: January 7,2004 Resolution 20,2004 35; THENCE SOUTH 28'00'21" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 41 1.88 FEET TO A POINT ON A CURVE HAVING A RADIUS OF 24,688.05 FEET, AND A CENTRAL ANGLE OF 2'22'34". THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE hND WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1,023.84 FEET TO THE END OF SAID CURVE AND THE NORTHWEST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARC); THENCE SOUTH 43'37'19" WEST, ALONG SAID CENTRAL BOULEVARD RIGHT-OF.:WAY LINE, A DISTANCE OF 362.91 FEET; THENCE SOUTH 40"34'08" WEST, ALONG SAID RIGHT-OF-WAY -LINE, A DISTANCE OF 751.07 FEET; THENCE SOUTH 46'22'41' EAST, ALONG SAID RIGHT-OF- WAY LINE, A DISTANCE OF 10.00 FEET; THENCE SOUTH 43'37'28" WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 407.16 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 46'35'56" EAST, PI RADIUS OF 1,669.35 FEET, AND A CENTRAL ANGLE OF 92'02'08'', THENCE DEPlbRTlNG SAID RIGHT-OF-WAY LINE, PROCEED NORTHERLY AND WESTERLY' ALO G THE ARC OF SAID CURVE, A SOUTH 87'56'03" EAST, ALONG SAID QUARTER SECTION LINE, A DISTANCE OF 210.30 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. DISTANCE OF 2,681.51 FEET TO THE EAST-WES' r QUARTER SECTION LINE; THENCE LESS AND EXCEPT THE ADDITIONAL RIGHT-OF-WAY FOR INTERSTATE 1-95 CONVEYED TO THE STATE OF FLORIDA, FOR THE USE AND BENEFIT OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY THE DEED RECORDED IN OFFICIAL RECORDS BOOK 7481, PAGE 238. PARCEL 31.12 A PARCEL OF LAND SITUATE IN SECTIONS 1 AND 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST AND SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE EAST LINE OF SAID SECTION 2, THENCE NORTH 01'52'52" EAST, ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 1,773.56 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; SAID POINT OF BEGINNING BEING ON A CURVE HAVING A RADIAL BEARING OF NORTH 06O06'59'WEST A RADIUS 2,575.00 FEET, AND A CENTRAL ANGLE OF 48"09'10". THENCE PROCEED WESTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 2,164.09 FEET TO THE EAST POINT BEING ON A CURVE HAVING A RADIAL BEARING OF NORTH 42"02'10" EAST, A RADIUS OF 3,759.72 FEET, AND A CENTRAL ANGLE OF 08'09'05". THENCE PROCEED NORTHERLY AND EASTERLY ALONG SAID EAST RIGHT-OF-WAY LINE AND ARC OF SAID CURVE, A DISTANCE OF 534.89 FEET TO 'THE END OF SAID CURVE; THENCE NORTH 43'37'28" EAST, CONTINUING ALONG :FAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 371.91 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 42'28 44" EAST, A RADIUS OF 1,669.35 FEET, AND A CENTRAL ANGLE OF 66O51'33". THENCE, DEPARTING SAID RIGHT-OF-WAY PROCEED EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID OF 1,947.99 FEET TO THE END OF SAID CURVE AND THE OF INTERSTATE 1-95; RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD AND END OF SAID CURVE; SAID 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 48 Date Prepared: January 7,2004 Resolution 20,2004 THENCE SOUTH 30'31'49 EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 909.03 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 26'32'52" WEST, A RADIUS OF 2,575.00 FEET, AND A CENTRAL ANGLE OF 20'25'52". ALONG THE ARC OF SAID CURVE, A DISTANCE' OF 918.23 FEET TO THE POINT OF THENCE, DEPARTING SAID RIGHT-OF-WAY, PROCEED WESTERLY AND SOUTHERLY, BEGINNING OF THE HEREIN DESCRIBED PARCEL. PARCEL 31.01 I A PARCEL OF LAND SITUATE IN SECTIONS 351 TOWNSHIP 41 SOUTH, RANGE 42 EAST AND SECTION 2, TOWNSHIP 42 SOUTH , RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35, THENCE NORTH 00'57'25" EAST, ALONG THE WEST LINE THEREOF, A DISTANCE OF 2,297.06 FEET, THENCE SOUTH 87'56'11" EAST, A DISTANCE OF 301.06 FEET, THENCE NORTH 00'57'25" EAST, A DISTANCE OF 329.96 FEET; THENCE SOUTH 87'56'04" EAST, A DISTANCE OF 2,393.15 FEET TO A CURVE HAVING A RADIAL BEARING OF SOUTH 59'35'10 EAST, A RADIUS OF 2,575.00 FEET, AND A CENTRAL ANGLE OF 75'39'04". THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, A BOULEVARD AND A POINT ON A CURVE HAVING A RADIAL BEARING OF SOUTH 54'26'54" EAST, A RADIUS OF 3,879.72 FEET, AND A CENTRAL ANGLE OF 33'23'07". DISTANCE OF 3,399.93 FEET TO THE WEST RIGHT-OF-WAY LINE OF CENTRAL THENCE PROCEED SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT- OF-WAY LINE, A DISTANCE OF 2,260.64 FEET TO THE END OF SAID CURVE; THENCE SOUTH 02'09'59" WEST, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 2,908.10 FEET TO THE NORTH RIGHT-OF'-WAY LINE OF PGA BOULEVARD; THENCE NORTH 88'22'39 WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1,011.32 FEET TO THE POINT OF CURVATURE OF CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 11,399.1 6 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'37'40" AND AN ARC DISTANCE OF 522.80 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A FADIUS OF 11,519.16 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID ClJRVE THROUGH A CENTRAL ANGLE OF 01'34'54" AND AN ARC DISTANCE OF 317.09 FEET; THENCE NORTH 74'20'28" WEST, A DISTANCE OF 73.48 FEET; THENCE NORTH 80'58'47" WEST, A DISTANCE OF 310.68 FEET; THENCE NORTH 84'28'05" WEST, A DISTANCE OF 293.34 FEET, THENCE NORTH 02'10'34" EAST, A DISTANCE OF 119.2,4 FEET; THENCE NORTH 05'24'53'' EAST, A DISTANCE OF 451.83 FEET; THENCE NORTH 05'24'53" EAST, A DISTANCE OF 325.37 FEET; THENCE NORTH 46'35'32". LAST A DISTANCE OF 458.00 FEET; THENCE NORTH 01'35'32" EAST, A DISTANCE OF 307.00 FEET; THENCE NORTH 42'49'26 WEST, A DISTANCE OF 521.54 FEET; THENCE NORTH 27'49'26" WEST, A DISTANCE OF 307.24 FEET TO THE WEST LINE OF SAID SEXTION 2; THENCE NORTH 02'10'34" EAST ALONG SAID WEST LINE, A DISTANCE OF 371.65 FEET, THENCE NORTH 02'10'08" EAST, CONTINUING ALONG SAID WEST LINE, A DISTANCE OF 2,946.92 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. ! - 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 48 Date Prepared: January 7,2004 Resolution 20,2004 LESS AND EXCEPT THAT PORTION THEREOF CONVEYED FOR RIGHT-OF-WAY OF PGA BOULEVARD AS DESCRIBED IN THE DEED1 RECORDED IN OFFICIAL RECORDS BOOK 7819, PAGE 1428. PARCEL 31.08 A PARCEL OF LAND SITUATE IN SECTIONS 35 AND 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST AND SECTIONS 1 AND 2, TOWNSHIP 4:2 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALbl BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE: WEST RIGHT-OF-WAY LINE OF INTERSTATE 1-95 AND THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH 30'31'49" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE OF INTERSTATE 1-95, A DISTANCE OF 1,475.56 FEET TO A CURVE HAVING A RADIAL ANGLE OF 66'51'33", THENCE, DEPARTING FROM SAID RIGHT-OF-WAY LINE, FEET TO THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD; THENCE NORTH 43'37'28 EAST, ALONG SAID RIGHT-OF-WAY A DISTANCE OF 409.08 FEET; THENCE SOUTH 46'22'41" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 35.03 FEET, THENCE NORTH 46'10'00" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 450.44 FEET; THENCE NORTH 51'13'00" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF BEARING OF NORTH 24'22'49" WEST, A RADIUS OF 1,669.35 FEET, AND A CENTRAL PROCEED WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,947.99 302.66 FEET; THENCE NORTH 4303711~11 msr, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 287.60 FEET TO THE POINTIOF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following five waivers: 1. 2. 3. 4. A waiver from Section 78-2310 of the City's Land Development Regulations to allow averaging of the Parkway Buffer ;along PGA Boulevard. The City Code requires a minimum of 185 feet. A waiver from Section 78-46(f) of the C'ity's Land Development Regulations to allow later submittal of the master sign plan. City Code requires concurrent submittal with the master plan of development A waiver from Section 78-186(8) of the City's Land Development Regulations to allow a ten (IO) foot wall along the Turnpike and 1-95, and eight (8) foot walls along PGA Boulevard, Central Boulevard, and the northern boundary of the PCD. City Code requires a maximum height of six (6) feet. A waiver from Section 78-506 of the City's Land Development Regulations to allow one sidewalk along the internal loop roads within the PCD. City Code requires two sidewalks on each side of thb street. I Date Prepared: January 7,2004 Resolution 20,2004 5. A waiver from Section 78498 of the City's Land Development Regulations to allow a right-of-way width of 62-70 feet on internal collector roads within the PCD. City Code requires a minimum of 80 feet fix a collector. 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 48 SECTION 4. Said Planned Community Debelopment is approved subject to the following conditions, which shall be the responsibillty of the applicant, its successors, or assigns: ENVIRONMENT AND LANDSCAPING 1. 2. 3. The applicant, successors,. or assigns shall be responsible for the landscape, irrigation, installation, and maintenance of/ the road shoulders of those sections of public rights-of-way contiguous and/or adjacent to the Old Palm Planned Community Development (PCD), including: a. Northern shoulder of PGA Boulevard from the Ronald Regan Turnpike to Central Boulevard (to be incorporated into the "Parkway" design requirements), as permitted by the Florida Department of, Transportation and/or the County. The petitioner shall also replace the existing City irrigation system with a PCD irrigation system. b. Eastern shoulder of Central Boulevard, from 1-95 south (to be incorporated into the "Parkway" design requirements) to the southern terminus of petitioner's property, as permitted by Palm Beach County and/or the Florida Department of Transportation. c. Western shoulder of Central Boulevard from 1-95 south to PGA Boulevard (to be incorporated into the "Parkwa.y" design requirements) as permitted by Palm Beach County and/or the Florida Department of Transportation. (City Forester) The applicant, successors, or assigns shall be responsible for the landscape installation of the medians (including irrigation) of those sections of public rights- of-way contiguous to the Old Palm Planned Community Development (PCD), including: a. PGA Boulevard from the Ronald Reagan Turnpike approximately 500 feet towards Central Boulevard as permitted by the Florida Department of Transportation. b. Central Boulevard from 1-95 to PGA f3oulevard, as permitted by Palm Beach County, excluding the medians previously installed by the Bent Tree PUD. (City Forester) The applicant, successors, or assigns shall be responsible for the landscape maintenance of the medians (including1 irrigation) of those sections of public rights-of-way adjacent and/or contiguou8 to the Old Palm Planned Community Development (PCD), including: i I 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 47 48 4. 5. 6. 7. 8. Date Prepared: January 7,2004 Resolution 20,2004 a. PGA Boulevard from 'the Ronald Reagan Turnpike to Central Boulevard (Petitioner shall provide a pro-rata shlare in the cost of the maintenance with the Ballenlsles PCD). b. Central Boulevard from 1-95 to PGA Boulevard (petitioner shall provide a pro- rata share in the cost of the mainter'rance with the Bent Tree PUD). (City Forester) The applicant shall install the landscaping and irrigation for the medians and roadway shoulders adjacent to the prope'rty, as described in Conditions 1 and 2 above, within six (6) months of issuanc'e of the clearing permit, or no further permits or inspections will be issued for tF)e project site until said landscaping and irrigation are completed. This condition $hall not apply to the road shoulder and medians affected by the raising of Ceijtral Boulevard The landscaping and irrigation shall be installed simultaneously with the raising of Central Boulevard. (City Forester) I Prior to the issuance of the first certifiizte of occupancy, the applicant shall provide surety, in an amount equal to, 110% of the cost of the landscape improvements described above, in an, escrow account established by the applicant to be used by its successors orlassigns to complete the project. In the event the City of Palm Beach Gardens, cir another entity, forms a special district pertaining to the landscape maintenance of contiguous rights-of-way, then the Old Palm property owners association, successors, or assigns 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 of Palm Beach Gardens. (Planning and Zoning) 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 shall monitor protection of the preserve and buffer areas during land aIteration/construction activities. (City Forester, City Environmental Consultant) I The proposed project shall be micro-siteij 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) 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 Section 178-250(a)(4)e of the City's Code of Ordinances and the approved Preservatibn/Relocation Plan are protected. (City Forester, City Environmental Consultant) 1 I 7 I Date Prepared: January 7,2004 Resolution 20,2004 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 48 9. 10. 11. 12. 13. 14. 15. 16. Detailed road right-of-way and landscape plans for all interior PCD collector roads shall be reviewed and approved by the Growth Management Department prior to issuance of a permit to construct said rbad or phase thereof. (Planning and Zoning) Within six (6) 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 and/or its successors and assighs. Buffers shall be installed consistent with the PCD Buffer Plans. (Planning and; Zoning) I The petitioner shall maintain the landscaping along both sides of the wall along the northern boundary of the PCD and Wcfstwood Gardens PUD. (City Forester) I The petitioner shall completely screen the wall long PGA Boulevard from view from the right-of-way. The wall along Central Boulevard shall also be completely screened from view from the right-of-way three years after buffer landscape planting. (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 Groyvth Management Department approval. (Planning and Zoning) The PCD buffer along PGA Boulevard (fkom the Turnpike to Central Boulevard) and along Central Boulevard (from PG,A Boulevard to 117* Court), shall be installed within six (6) months of issuance of the first clearing permit. PCD buffer installation for the balance of Central Blvd, the PCD buffer for the property east of Central Boulevard, and Buffer Section t3 (along Westwood Gardens) shall be installed within twelve (12) months of is:suance of the first clearing permit. All other buffers shall be installed within eighteen (18) months of issuance of the first clearing permit. The buffer installation schedule shall be in accordance with Exhibit “C“ attached hereto. A one-time six (6) month extension to complete buffer and right-of-way improvements may be granted by the Growth Management Director upon review of sufftcient justification. (City Forester) The petitioner shall provide the City with and install a City entry sign on Central Boulevard by the 1-95 interchange. The sign shall be installed within twelve (1 2) months of completion of the 1-95 interchange. Should the 1-95 interchange not be built within the next five (5) years from the effective date of this development order, the petitioner shall provide said sign at another location determined by the City. (Planning and Zoning) Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for review band approval by the City Engineer and the City’s Environmental Consultant. (City Forester) I I .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 47 48 Date Prepared: January 7,2004 Resolution 20,2004 17. Seacoast Utility Authority well locations and configurations, within the PCD buffer system, shall be restricted to those shown on the PCD Master Plan. Any revisions thereto shall be subject to Growth Management Department review and approval. (Planning and Zoning) ENGINEERING AND INFRASTRUCTURE 1 a. 19. 201 21. 22. 23. 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 applicant shall obtain County approval for parcel access points onto Palm Beach County roadways. (City Engineer) If site plan approval has not been obtained and the applicant desires to clear and rough fill a pod during the construction of the lakes, the applicant shall obtain a clearing permit from the Growth Management Department prior to performing said work. (City Engineer) 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 prior to December 31,2005. (City Engineer) Prior to the issuance of the first residential Certificate of Occupancy for each Pod, with the exception of the models, 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:' installation of the first lift of asphalt and a complete and operable drainage system. The installation of landscaping, sidewalks, or lighting fixtures is not required for Substantial Completion. (City Engineer) Prior to the issuance of the first certificate of occupancy for each Pod, with the exception of the models, the supporting public infrastructure of said Pod shall be constructed by the applicant 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: installation of the first lift of asphalt and a complete and operable drainage system. The installation of landscaping, sidewalks, or lighting fixtures is not required for Substantial Completion. (City Engineer) Prior to the issuance of the first building permit for any structure, the applicant shall provide surety acceptable to the City for the construction of the public improvements for the Spine Road (from PGA Boulevard to Parcels A and B). 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 business day of July of each year. (City Engineer) 9 ~ 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 48 24. 25. 26. 27. 28. 29. 30. Date Prepared: January 7,2004 Resolution 20,2004 The applicant shall be permitted to offer up to 55 non-resident golf club memberships with this PCD approval to off set the reduction in the number of homes proposed (320) and the number of homes approved with the concurrency approval (333). In addition. the applicant shall be permitted to offer additional non-resident aolf club memberships at a rate of 4.23 non-resident memberships for everv unbuilt unit under 320. At no time shall the number of aolf club membershim exceed 375. The petitioner, successors, or assigns shall on January 1'' of each year submit an affidavit in recordable form to the Growth Management Department Director confirming that the number of non-residential golf club memberships is within or at the maximum number allowed by this development order. (City Attorney) Prior to the issuance of the final residential Certificate of Occupancy for this project, the Spine Road and all of the internal roadways shall be fully constructed by the applicant and approved by the City of Palm Beach Gardens. (City Engineer) Prior to the first residential Certificate of Occupancy for each Pod, the applicant shall install the landscaping for the Spine Road adjacent to and providing access to said Pod to the satisfaction of the City Forester. (City Engineer) Prior to the issuance of the Certificate of Occupancy for any building within the Clubhouse parcel, the applicant shall plat and construct the Spine Road to a point of completion, less the final lift of asphalt. The installation of landscaping, sidewalks, and lighting shall be operational along one side of the Spine Road to accommodate safe pedestrian access to the Clubhouse. Temporary crosswalks shall be provided across the Spine Road from each Pod entry to said sidewalk. (City Engineer) No construction or land alteration of any portion of the surface water management 'system shall be undertaken until an environmental resource permit for construction and operation of the Surface Water Management System, or portion thereof, is issued by the South Florida Water Management District and approved by the City. (City Engineer) The applicant shall copy to the City all correspondence to and from the South Florida Water Management District regarding the Surface Water Management System. (City Engineer) The applicant shall comply with all Federal Environmental Protection Agency (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. (City Engineer) 10 Date Prepared: January 7,2004 Resolution 20,2004 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 48 31. 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, the Ronald Reagan Turnpike, Central Boulevard, PGA Boulevard, Westwood GardensNVestwood Lakes, etc. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant’s responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) 32. 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 Northern Palm Beach County Improvement District. (City Engineer) 33. All areas designated for maintenance of the Surface Water Management System shall be no less than twenty (20) feet wide (minimum) with graded slopes no steeper than 8: 1 (horizonta1:vertical). No construction or landscaping shall be permitted in the maintenance areas in a manner that will in any way restrict, impede, or otherwise limit the use of these areas for this intended purpose. (City Engineer) 34. The applicant and/or Northern Palm Beach County Improvement District (NPBCID) shall furnish and install continuous lake stage recorders, including telemetry equipment meeting NPBCID guidelines. In addition, the stage recorders and telemetry equipment shall be configured such that the City shall have the capability to monitor lake stages. Installation shall be concurrent with the acceptance of the Surface Water Management System by NPBCID for all or any portion of the system. The locations and number of the stage recorders shall be in accordance with a monitoring plan mutually acceptable to the City and NPBCID. (City Engineer) 35. The Surface Water Management System shall continue to be analyzed and designed using a dynamic analysis acceptable to the City, accounting for piping systems, and flood routing in order to establish minimum road, berm, and finished floor elevations. These elevations shall be documented in tabular form, including sub-basin number and master plan parcel identification on the drainage plans approved by the City. (City Engineer) 11 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 -~ 36. 37. 38. 39. 40. TRAFFIC 41. 42. Date Prepared: January 7,2004 Resolution 20,2004 Upon PCD approval, the applicant may apply for an excavation and fill permit, which is subject to review and approval by the Growth Management Department. (City Engineer) Within six (6) months of the issuance of the Development Order and before the first residential building permit (excluding models) is issued, the applicant shall enter into a Public Facilities Agreement (PFA) with Palm Beach County for funding of all roadway improvements, in a form acceptable to the County Engineer, for all improvements that are not assured construction. (City Engineer) The applicant shall use best efforts to construct the off-site berms as required by the SFWMD Conceptual Permit for NPBCID’s Unit No. 2 on the lands that are owned by the applicant located along Central Boulevard and Military Trail, south of Hood Road and north of 1-95. The berm construction shall be complete within eight (8) months of the issuance of the building permit to construct by all the applicable government agencies. (City Engineer) Prior to issuance of the first building permit, with the exception of the models and maintenance facility, or within six (6) months of the effective date of the development order, whichever occurs first, the applicant shall install the meandering berm as required by the Environmental Resources Permit issued by the South Florida Water Management District for Northern Palm Beach County Improvement District’s Unit of Development No. 2 along the existing, adjacent rights-of-way. The sidewalk associated with the berm construction shall be installed in accordance with the schedule of the completion of the PCD buffers as defined by Condition No. 14 hereinabove. (City Forester and City Engineer) The sales center shall be a temporary facility for such purpose until the last residential building permit is issued by the City, after which the facility shall become an administrative office to be used strictly for internal PCD purposes. (Planning and Zoning) This development order shall expire on December 31, 2005, which is the build- out date specified in the Concurrency Certificate issued for the PCD. (Planning and Zoning) Prior to the issuance of the first Certificate of Occupancy, or as otherwise determined by the City Engineer, the applicant shall construct the following: a. A right-turn ingress lane at the driveway along PGA Boulevard (westbound into the project entrance). b. A right-turn ingress lane at the driveway along Central Boulevard (southbound into the project entrance). 12 Date Prepared: January 7,2004 Resolution 20,2004 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 48 43. 44. 45. 46. 47. 48. 49. c. A left-turn ingress lane at the access driveway along PGA Boulevard (eastbound into the project entrance). d. A left-turn ingress lane at the access driveway along Central Boulevard (northbound into the project entrance). (City Engineer) The City shall not issue building permits for more than 116 residential units until construction begins for one additional westbound through lane on PGA Boulevard from the Ronald Reagan Turnpike to Central Boulevard, or upon adoption of proper CRALLS designation for this link, in excess of 50,421 ADT. (City Engineer) The City shall not issue building permits for more than 120 residential units (impact beyond 1% of the LOS D capacity at PGA Boulevard, between 1-95 and Military Trial, where traffic 'diversions due to planned Kyoto Gardens Drive Extension were used) until construction begins for the Kyoto Gardens Drive roadway extension. (City Engineer) The City shall not issue building permits for more than 124 residential units, until construction begins for the widening of PGA Boulevard from two (2) lanes to four (4) lanes, between the Ronald Reagan Turnpike and the Avenue of the Champions. This is an assured improvement for which surety has been posted. (City Engineer) The City shall not issue building permits for more than 149 residential units until construction begins for the widening of Hood Road from two (2) lanes to four (4) lanes, between Military Trail and Alternate A1A. (City Engineer) The City shall not issue building permits for more than 188 residential units until construction begins for one (1) additional westbound lane on PGA Boulevard from 1-95 to Military Trail, or upon adoption of proper CRALLS designation for this link, in excess of 58,810 ADT. (City Engineer) The City shall not issue building permits for more than 229 residential units until the adoption of CRALLS designation of 1,800 vph as the critical sum, or construction begins for the following improvements at the intersection of PGA Boulevard/Military Trail: a. Add one (1) additional through lane on both westbound and eastbound approaches, and add one (1) exclusive right-turn lane on the southbound approach. (City Engineer) The City shall not issue building permits for more than 237 residential units until construction begins for the following improvements at the intersection of PGA Boulevard and the Ronald Reagan Turnpike: a. Reconfigure the southbound approach to provide two (2) exclusive left-turn lanes and one (1) shared through/left-turn lane. 13 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 50. 51. 52. 53. 54. 55. 14 Date Prepared: January 7,2004 Resolution 20,2004 b. Use the existing unused pavement to add one (1) exclusive right-turn lane on the southbound approach. (City Engineer) The City shall not issue building permits for more than 257 residential units until construction begins for the following improvements at the intersection of PGA Boulevard and the Avenue of the Champions: a. Reconfigure the westbound approach to provide one (1) left-turn lane, one (1) through lane, and one (1) shared through/right-turn lane. b. Provide an additional eastbound through lane. (City Engineer) The additional right-of-way for the 1-95 and Central Boulevard interchange, as shown on the attached plan (Exhibit B), shall be shown on the plat as road right- of-way and dedicated to Palm Beach County. (Planning and Zoning) The developer shall, prior to the first building permit, convey to Palm Beach County by road right-of-way warranty deed the additional right-of-way for the 1-95 and Central Boulevard interchange, shown on the plat, free of all encumbrances and encroachments. (Planning and Zoning and Engineering) The petitioner shall disclose the future location of the 1-95 and Central Boulevard interchange in the contract purchase documents to potential customers interested in purchasing properties within the Old Palm PCD. Such disclosure language shall be reviewed and approved by the City Attorney prior to the issuance of the first residential building permit. The petitioner shall also post a sign of minimum size of two (2) feet by four (4) feet at the sales center at a location visible to potential homebuyers immediately within the lobby area of the sales center disclosing the potential location of the 1-95 and Central Boulevard interchange. (Planning and Zoning and City Attorney) Prior to recording the master property owner's association documents in the public records and no later than the first residential sale, the petitioner shall provide such documents, which shall include discloSer language regarding the location of the 1-95 and Central Boulevard interchange, to the City Attorney for review and approval. (City Attorney) During the period of effectiveness of this development order, the petitioner shall annually provide the City with a status report on all the approved elements of the PCD, including a summary of completed construction and schedule of proposed construction over the remaining life of the development order. (Planning and Zoning) Date Prepared: January 7,2004 Resolution 20,2004 1 CONSTRUCTION 2 3 56. 4 5 6 7 8 9 57. 10 11 12 13 14 15 16 Prior to issuance of any building permits within the PCD, the applicant’shall revise the master plan to indicate a temporary construction staging area located on the northern portion of Parcel D, adjacent to the proposed temporary construction entrance. At no time shall staging of construction vehicles and/or service vehicles occur within a public right-of-way. (Planning and Zoning) Prior to the issuance of any building permits within the PCD, the applicant shall revise the master plan to indicate an additional temporary construction entrance off Central Boulevard immediately north of PGA Boulevard. Said entrance may be open for six (6) months after the issuance of the first clearing permit within the PCD. The applicant may request one (1) administrative time extension, with the additional time period to be determined by the Growth Management Director. (Planning and Zoning) 17 SECTION 5. Said Planned Community Development shall be constructed in 18 compliance with the following plans on file with the City’s Growth Management Department: 19 ’ 20 1. 21 22 23 24 2. 25 26 27 3. 28 29. 30 4. 31 32 33 34 5. 35 36 37 38 6. 39 40 41 7. 42 43 44 8. 45 46 47 9. 48 Master Plan, Sheet MP-01. prepared bv Urban Desiqn Studio. last revised on November 21. 2003. and received and stamped bv the Citv on November 21, 2003. Master Plan, Urban Design Studio, Sheets MP-024- - MP-04, revised on August 21,2002. Buffer Set Sheet Index, Urban Design Studio, Sheets L-00 thru L-02, L-04 thru L- 06, L-08, and L-10, received on July 15,2002. Buffer Plan/Section. Sheets L-03 and L-07, wepared by Urban Desiqn Studio, last revised on November 21, 2003, and received and stamped bv the Citv on November 21,2003. Buffer ‘H’ Plan/Section. Sheet L-09. prepared bv Urban Desian Studio, last revised on December 30. 2003. and received and stamped bv the Citv on December 31,2003. Central Avenue Median Planting, Urban Design Studio, Sheets MPP-01- MPP- 03, revised on March 15,2002. Central Boulevard and 1-95 Conceptual Interchange, PBC Eng. and Public Works, Wantman Group Inc., received on June 21,2002. Main Entrance Site Plan, Wilson Miller & Urban Design Studio, ME-01- ME-04, revised on March 15, 2002. PGA Boulevard Gatehouse, WCI Architecture and Land Planning, Sheets I of 3 and 2 of 3, dated December 9,2001. 15 1 IO. 2 3 4 11. 5 6 7 12. 8 9 10 13. 11 12 14 15 16 15. 17 18 13 , 14. 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 Date Prepared: January 7,2004 Resolution 20,2004 2nd Entrance Site Plan, Wilson Miller & Urban Design Studio, SE-01- SE-04, revised on March 15,2002. Central Boulevard Gatehouse, WCI Architecture and Land Planning, Sheets 1 of 3 and 2 of 3, dated December 9,2001. Old Palm Golf Club Rest Shelters, Williams Zmistiwski Associates, Cover Sheet revised December 4,2001, and Sheet 1 revised January 24,2002. Preliminary Engineering Master Plan, Gee & Jenson, Sheet 01, dated August 21, 2002, and Sheets 02 - 04, dated October 8,2001: Old Palm PCD Bus Shelter, Urban Design Studio, One Sheet, dated August 15, 2002. Buffer Installation Schedule, Urban Design Studio, One Sheet, dated August 19, 2002. SECTION 6. All future amendments to the Old Palm Golf Club Planned Community Development shall be approved by Resolution. SECTION 7. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 8. This Resolution shall become effective upon adoption. (The remainder of this page left intentionally blank) 16 Date Prepared: January 7,2004 Resolution 20,2004 PASSED AND ADOPTED this !?” day of b6Ww ,2004. 6 7 8 t 9 J’ io ATTEST: 1 CITY OF PALM BEACH GARDENS, FLORID- - 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 48 11 ; 12 : ’ BY: Patricia %nit@, C~ Clerk ,> -. APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: mristine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT G:bttomey-shareRESOLUTiONS\old palm master plan-reso 20 2004.d~ 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 RESOLUTION 44,201 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR PARCEL F1 (A/K/A THE CLUBHOUSE PARCEL) LOCATED WITHIN THE OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD), GENERALLY BOUNDED BY PGA BOULEVARD TO THE SOUTH, WESTWOOD GARDENS TO THE NORTH, CENTRAL BOULEVARD AND INTERSTATE 95 TO THE EAST, AND FLORIDA’S TURNPIKE TO THE WEST, IN ORDER TO REMOVE FOURTEEN (14) UNBUILT CASITA UNITS AND TO ADD FOUR (4) TENNIS COURTS IN THEIR PLACE, AS MORE PARTICULARLY DESCRIBED HEREIN; DELETING CERTAIN CONDITIONS OF APPROVAL; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, on September 8, 2002, the City Council approved Ordinance 32, 2002, thereby approving the Old Palm Golf Club Planned Community Development (PCD) Master Plan, which generally consists of 333 residential units and a private 19- hole golf course on approximately 651 acres; and WHEREAS, on February 6, 2003, the City Council approved Resolution 215, 2002, approving a 9.64-acre site for a clubhouse, fitness center, and casitas on Parcel FI; and WHEREAS, on June 5, 2003, the City Council approved Ordinance 14, 2003, thereby approving an amendment to the previously approved Ordinance 32, 2002 to modify two (2) conditions of approval relating to the timing of certain PCD improvements; and WHEREAS, on February 19, 2004, the City Council approved Ordinance 4, 2004, which approved an amendment to Ordinance 32, 2002 to allow the following modifications: (1) transfer the Master Plan approval and related conditions of approval to Resolution 20, 2004; (2) modify a condition of approval relating to the number of nonresident golf club memberships permitted within the PCD; (3) modify certain PCD buffers; and (4) modify the location of certain preserve areas on site; and WHEREAS, the City has received a request (Petition No. SPLA-11-04-000022) from the property owners, Old Palm Holdings, LP and Old Palm Golf Club, Inc., for approval of a major site plan amendment for Parcel F1 to delete 14 unbuilt dwelling units, add four (4) tennis courts to Parcel FI, and delete Conditions No. 5 and No. 6 from Resolution 21 5, 2002 pertaining to unbuilt covered parking structures, which are no longer proposed for the site; and Page 1 of 6 ~ 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 38 39 40 41 42 43 44 45 46 Resolution 44, 201 1 WHEREAS, the subject parcel has a zoning designation of Planned Community Development (PCD) Overlay with an underlying zoning of Residential Medium (RM); and WHEREAS, the Planning and Zoning Department has reviewed the application, has determined that as conditioned it is sufficient and consistent with the City’s Land Development Regulations and the City’s Comprehensive Plan, and has recommended approval thereof; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed the application at a public hearing at its July 12, 201 1, meeting and voted 6-0 to recommend approval to the City Council; 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. SECTION 2. The request by Old Palm Holdings LP and Old Palm Club, Inc. for approval of a major site plan amendment for Parcel F1 to delete 14 unbuilt dwelling units, add four (4) tennis courts, and delete Condition No. 5 and No. 6 from Resolution 215, 2002, located within the Old Palm PCD, is hereby APPROVED on the following described real property, subject to the conditions of approval provided herein, which are in addition to the general requirements otherwise provided by resolution: LEGAL D ESC R I PTI 0 N THE PLAT OF THE OLD PALM PCD CLUBHOUSE PARCEL AS RECORDED IN PLAT BOOK 101, PAGES 57 THROUGH 67, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA. SECTION 3. The Major Site Plan Amendment to Parcel F1 is approved subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: Page 2 of 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 Resolution 44, 201 1 Engineerinq Department 1. 2. 3. 4. 5. 6. 7. Prior to the issuance of a building permit for the Phase II improvements, the Applicant shall submit signed / sealed / dated construction plans (paving / grading / drainage and water / sewer) and all pertinent calculations for review and approval. (Engineering) The Applicant shall copy to the City all permit applications, permits, certifications, and approvals. (Engineering) Prior to the issuance of the infrastructure permit or the issuance of a building permit for the Phase II improvements, the Applicant shall provide an itemized cost estimate and surety for the project in accordance with the LDR Sections 78-309 and 78-461. The itemized cost estimates shall include all public elements for the project for the infrastructure, landscaping, and irrigation costs. The cost estimates shall be dated, signed, and sealed by an engineer and landscape architect registered in the State of Florida. Surety will be based on 110% of the total combined City-approved cost estimates and shall be posted with the City. (Engineering) Prior to the issuance of the Certificate of Completion for the Infrastructure Permit by the Engineering Department for the Phase II improvements, the Applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping and light poles to be placed within the utility easements. (Engineering) Prior to the issuance of the Certificate of Completion for the infrastructure permit by the Engineering Department for the Phase II improvements, the Applicant shall provide to the City copies of the required FDOT testings for review and approval. (Engineering) Prior to the issuance of the Certificate of Completion for the infrastructure permit for the Phase II improvements by the Engineering Department, the Applicant shall provide the Engineering Department with copies of all permits, permit applications, and Requests for Additional Information (RAls) to and from regulatory agencies regarding issues on all permit applications, certifications, and approvals. (Engineering) The Applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements for construction activities, implementation of the approved plans, and inspection and maintenance of controls during construction. (Engineering) Page 3 of 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 Resolution 44, 201 1 8. The construction, operation, and/or maintenance of any elements of the subject project shall not have any negative impacts on surrounding areas, including, but not limited to, drainage, erosion, sedimentation, and dust. If at any time during the project development it is determined by the City that any of the surrounding areas are experiencing negative drainage or other 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 off-site concerns are resolved. (Engineering) Planning & Zoning 9. IO. 11. 12. Within 45 calendar days from the date of City Council approval of this petition, the Applicant shall submit the following documents to the City Attorney for review prior to recording with the Clerk of Palm Beach County: 0 Amendment to the Declaration of Covenants for the Casitas at Old Palm Golf Club; 0 Termination and Revocation of the Declaration of Covenants for the Casitas at Old Palm Golf Club; 0 Quit-Claim Deed from Old Palm Holdings, LP to Old Palm Golf Club, Inc.; and 0 Unity of Title. The Applicant shall provide to the City copies of the recorded documents. (Planning & Zoning, City Attorney) Prior to the issuance of a building permit for the Phase II improvements, the Applicant shall schedule a pre-permit meeting with the Planning & Zoning Department. (Planning & Zoning) The tennis courts shall not be illuminated for nighttime play. In the event lighting is requested, the Applicant shall submit a site lighting plan to be reviewed and processed in accordance with the Land Development Regulations Section 78-49. (Planning & Zoning) Prior to the issuance of a building permit for the Phase II improvements, approved civil design and architectural drawings, including floor plans, shall be submitted. (GIs Manager, Development Compliance Officer) SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waiver: Page 4 of 6 Resolution 44, 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 1. Section 78-141. Table IO: Property Development Regulations - Residential Zoning Districts, Side Setback, to allow the westernmost tennis court to be set back one (1) foot from the property line. SECTION 5. This amendment to Old Palm PCD Parcel F1 is hereby approved subject to strict compliance with the Exhibits attached hereto and made a part hereof as follows: Exhibit 1. Golf Club Site Plan, Sheet GC-01, prepared by Urban Design Kilday Studios, last revised July 13, 2011, and received by the City on July 15, 2011. Exhibit 2. Tennis Courts Landscape Plan, Sheets L-I through L-2, prepared by Lang Design Group, last revised July 12, 201 I, and received by the City on July 15, 201 1. Exhibit 3. Tennis Court Hardscape Layout Plan, Sheet H-I, prepared by Lang Design Group, last revised July 12, 201 1 , and received by the City on July 15, 201 1; Sheet H-2 dated July 14, 201 1; and Sheet H-3 dated June 15,201 1. SECTION 6. All previous waivers and conditions granted with Resolution 215, 2002 and Resolution 20, 2004 shall remain in full force and effect, consistent with Section 2 of this Resolution. SECTION 7. This Resolution shall become effective immediately upon adoption (The remainder of this page intentionally left blank) Page 5 of 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 47 Resolution 44, 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 44 201 1 -site plan amd - old palm clubhouse parceldocx Page 6 of 6 Resolution 44, 201 1 EXHIBIT 1 . . . . . . . . . . . VI \ . A- \ww I I JI I ir rn x P P Y . 0. . .... ... . .... .E I .. n 0 0 n ~ I C b P !! a P 1 * . * . I QQ .. Q pJ 00 0 8 P P R 023 r%l 0 c, $ i U G U C e e i i s ; C P C G h v E i i i E U 2 C c C G t C 2 n t- 4 4 6 5 3 3 b I I 3 3 3 a 3 a E I E eJ id . io id CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August I I, 201 I Petition: SPLA-11-04-000023 Resolution 45,2011 SubjectlAgenda Item: SPLA-11-04-000023 Old Palm Planned Community Development (PCD) Amendment for Parcel A (Sabal Palm) Public Hearing & Consideration of Approval: A request by the property owner, Old Palm Holdings LP, for approval of a site plan amendment for Parcel A in order to add ten (IO) of the fourteen (14) dwelling units deleted from Parcel F1 to Parcel A, modlfy the landscape plan, and amend the design guidelines for Parcel A. The Old Palm Golf Club PCD is generally bounded by PGA Boulevard to the south, Westwood Gardens to the north, Central Boulevard and Interstate 95 to the east, and Florida’s Turnpike to the west. X ] Recommendation to APPROVE Reviewed by: I Originating Dept.: ] Recommendation to DENY Director of Planning & Planning & Zoning: Project Manager i%char&!J. Markro Senior Planner [XI Quasi - Judicial [ ] Legislative I [XI Public Hearing Devel ment Compliance 9, I [XI Required [ ] Not Required Approved By: Date: 07.27.201 1 Paper: Palm Beach Post Affected parties: [XI Notified [ ] Not Required Finance: Sarah Varga Fees Paid: Yes Funding Source: [ ] Operating [XI Other NIA Budget Acct.#: - NIA Council Action: [ ]Approved [ ] App. WI Conditions [ ] Denied [ ] Rec. Approval [ ] Rec. App. WI Conds. [ ] Rec. Denial [ ] Continued to: Attachments: 0 Location Map 0 Development Application 0 Project Narrative 0 Resolution 49, 2003 0 Resolution 20, 2004 0 Resolution 45, 201 1 0 Reduced Plans Meeting Date: August 11, 201 1 Resolution 45,201 1 Page 2 of 6 SPLA-11-04-000023 The Old Palm Golf Club Planned Community Development (PCD) was approved on September 4, 2002, via the adoption of Ordinance 32, 2002. The Old Palm PCD Master Plan provided for 333 single-family residential units and a private 19-hole golf course on approximately 651 acres. The PCD is bisected by Central Boulevard creating two (2) portions of the PCD. The eastern portion (70.5 acres) was approved for the development of a golf academy, a golf maintenance facility, a practice range, and a three- (3) hole practice course. The portion lying west of Central Boulevard (580.5 acres) was approved for eight (8) residential parcels and one (I) clubhouse parcel (Parcels A, B, C1, C2, D, E, F1 and F2). Each site plan was approved by individual Development Orders. On March 20, 2003, the City Council approved Resolution 49, 2003, the Development Order for the subject parcel, which approved a site plan to allow for the development of 23 single-family custom homes with three (3) waivers on Parcel A @/ease see attached Resolution). On June 5, 2003, the City Council approved Ordinance 14, 2003, which approved an amendment to the previously approved Ordinance 32, 2002, which modified two (2) conditions of approval relating to the timing of certain PCD improvements. On February 19, 2004, the City Council approved Ordinance 4, 2004, which approved an amendment to Ordinance 32, 2002, to allow for the following modifications: (1) transfer the master plan approval and related conditions of approval to Resolution 20, 2004; (2) modify a condition of approval relating to the number of nonresident golf club memberships permitted within the PCD; (3) modify certain PCD buffers; and (4) modify the location of certain preserve areas on site. LAND USE 81 ZONING The subject site has a zoning designation of Planned Community Development (PCD) Overlay with an underlying zoning of Residential Low3 (RL-3) and has land use designations of Residential Medium (RM) and Residential High (RH). The existing land uses and zoning designations of properties surrounding the site are provided in the following table: Meeting Date: August 11 , 201 1 Resolution 45,201 1 Page 3 of 6 SPLA-11-04-000023 (PUD) - South PGA Concourse Buildings, Residential (Ballenlsles Golf Course Community) Table 1. Surrounding Zoning & Land Use Designations Commercial Neighborhood (CN), Planned Community Commercial (C) / Residential Development (PCD) Overlay Low (RL) Residential Medium (RM) Planned Unit Development Planned Unit Development - West Florida’s Turnpike, Mirasol Planned Community Development Residential Low (RL) Planned Community Development (PCD) Overlay via r IvIeuIuIII [nlvl) I Kesiaenrial High (RH) I Development (PCD) Oierlay I Maintenance Facility CONCURRENCY Concurrency was reserved through the PCD approval process for 333 units. The relocation of 10 dwelling units from Parcel F1 to Parcel A will not generate any additional concurrency requirements. PROJECT DETAILS The Applicant proposes to relocate 10 unbuilt dwelling units from Parcel F1 (Clubhouse Parcel) to Parcel A (Sabal Palm). With the proposed petition, the total number of dwelling units within Parcel A will increase from 23 dwelling units to 33 dwelling units, and the density for Parcel A will increase from 1.3 dwelling (du)/acre (ac) to 1.87 du/ac. The redistribution of the 10 additional lots will reduce the custom home lot widths to 80’ . Lots 32 and 33, located at the end of the cul-de-sac, will remain at the previously approved 125-foot-wide lot configuration. The subject request also includes the enhancement of the perimeter buffer, including additional wall fountains, landscaping, and minor modifications to the Architectural Design Guidelines for Parcel A. Parcel A is internal to the Old Palm PCD and is bordered on the west by a lake, open space, and Parcel B. The Old Palm Preserve Tract-3, Old Palm PCD 100-foot landscape buffer, and Interstate 95 are to the northeast of the site. The Old Palm Preserve Tract-3, Old Palm PCD 100-foot landscape buffer, and Central Boulevard are to the southeast. Parcel E and the Old Palm Drive roadway are to the southwest of the Meeting Date: August 11, 201 1 Resolution 45,201 1 Page 4 of 6 subject parcel. The Old Palm Preserve Tracts 3 and 4, the Old Palm PCD 40-foot-wide landscape buffer, and the Westwood Gardens residential community are to the north of the subject site. SPLA-11-04-000023 Site Details and Access Parcel A connects to the two (2) main gated ingress and egress access points (Central Boulevard on the east and PGA Boulevard on the south) via internal private rights-of- way. No changes are proposed to the access with this petition. Desiun Guidelines Parcel A was approved as a custom-home pod within the Old Palm PCD. No changes are proposed to the architecture. The proposed revisions to the Architectural Design Guidelines for Parcel A have been simplified and condensed to make them easier for the City to enforce. The intent of the guidelines have not changed; however, several sections were removed that were extremely subjective from an enforcement point of view. For example, several sections of the Architectural Design Guidelines used words like “encouraged”, “should be provided”, and “discouraged”. These words have been deleted and replaced with “shall” and “prohibited”. Also, the Applicant proposes to delete certain sections of the Design Guidelines and defer to the requirements already contained within the City’s Code. Drainaue The Applicant has provided an updated drainage statement based on the revised lot configuration. Stormwater runoff generated from the site is collected within a series of inlets and culverts and is directed into the lake system where water quality treatment is met. LandscaDinq The subject petition includes hardscape and landscape upgrades to the perimeter wall. Due to the parcel’s adjacency to Interstate 95 and Central Boulevard, the Applicant proposes to enhance the perimeter wall with additional shrubs and groundcover and add wall-mounted fountains to buffer potential noise impacts (please see attached hardscape plans). The fountains are similar in aesthetic design to the wall-mounted fountains located within Pod C, which is adjacent to Florida’s Turnpike. One (1) Royal Palm street tree is proposed per lot. The cul-de-sacs will also include water features and landscaping. Meeting Date: August 11, 201 1 Resolution 45,201 1 Page 5 of 6 SPLA-11-04-000023 DecWScreen Enclosure * 25’ 25’ 10’ 10’ Setbacks Fence * Wall * 12’*** 12’*** 12’*** 12’*** 0’ 0’ 0’ 0’ Due to the reconfiguration of the lot layout within the parcel, the Applicant proposes modifications to the existing setback requirements for Parcel A. All proposed setbacks for Parcel A meet the City’s Code requirements for the Residential Low Density-3 (RL-3) zoning district. The proposed setbacks are as follows: Table 2. Setbacks RL-3 Zoning District Front 25’ Setback: Front Entry Garage Front 25’ Side Setback: Entry I of lot width Setback I * Minimum 17 FT Building * Pool/Spa * 7- I I etback will be maintaine (SUA) lines and the building. Minimum 15’ setback will be maintained between all SUA lines and pools, screens, and walls. Lots 32 and 33 will maintain a side setback of 12.5’ for building, pools, and spas. Previously approved waiver to allow for fences and walls to be within the front setback remains unchanged with this request. Please refer to Resolution 49, 2003 to view all previously approved waivers for the parcel. ** *** **** CPTED Comdiance Crime Prevention Through Environmental Design (CPTED) is a branch of situational crime prevention that maintains the basic premise that the physical environment can be designed or managed to produce behavioral effects that will reduce the incident and fear of crime. The Police Department has reviewed the subject petition and has no adverse comments or concerns. All previous Development Order conditions of approval relative to CPTED will remain in full force and effect. Meeting Date: August 11 , 201 1 Resolution 45, 201 1 Page 6 of 6 SPLA-11-04-000023 Waivers The Applicant is not requesting any waivers with this petition. MODIFICATIONS TO RESOLUTION 49,2003 On March 20, 2003, the Development Order for Parcel C was approved by the City Council via the adoption of Resolution 49, 2003. Staff proposes to delete the following conditions from the Development Order, which are housekeeping in nature: 5. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall make provisions in the homeowner’s association documents to provide means of access, at least six (6) feet in width, to rear yards through common areas, lake maintenance easements and golf course areas, as applicable, for future construction or reconstruction by an owner, if access is not possible within the owner’s property. Such access shall be subject to limitations, conditions, restrictions, and requirements, determined by the association and governmental entities having jurisdictions. (Planning & Zoning, City Attorney) [Note: The condition of approval is not needed since the homes have more than a six- (6) foot side setback which would allow access to the rear of the home should it be needed.] 7. At least one (1) on-site parking space per bedroom shall be provided for homes within Parcel C. (Planning & Zoning) [Note: This condition is being deleted since the requirement is contained within the City’s Land Development Regulations (LDRs).] COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRCL On May 19, 2011, the subject petition was reviewed by the DRC committee. No objections were received. At this time, all comments related to the project have been satisfied. PLANNING, ZONING, AND APPEALS BOARD (PZABL On July 12, 2011, the Planning, Zoning, and Appeals Board recommended approval of the subject petition to City Council by a vote of 6-0. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 45,201 1 as presented. CITY OF PALM BEACH GARDENS DEV!EEOPMENT APPLICATION Planning and Zoning Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: r Planned Community Development (PCD) r Planned Unit Development (PUD) FAmendment to PCD, PUD or Site Plan r Conditional Use r Amendment to the Comprehensive Plan r Annexation r Rezoning r Site Plan Review r Concurrency Certificate r Time Extension r Administrative Approval r Administrative Appeal r Miscellaneous Date Submitted: I Apr 7,201 1 Project Name: Old Palm PCD- Parcel A Owner: Old Palm Holdings, LP Applicant (if notowner): Applicant’s Address: 11089 Old Palm Drive, PBG, FL TelephoneNo. (561) 493-7220 Agent: Urban Design Kilday Studios Contact Person: Anne Booth E-Ma i I: abooth@udkstudios.com Agent’s Mailing Address: 477 S. Rosemary Avenue, WPB, FL 33401 Agent’s TelephoneNumber: (561) 366-1 100 FOR OFFICE USE ONLY Petition Number: Fees Received Application $ Engineering$ Receipt Number: Date 81 Time Received: 1 NA Architect: Keshevarz & Associates, (561) 689-8600 Engineer: Urban Design Kilday Studios, (561) 366-1 100 Planner: Lang Design Group, 561-688-9996 I Urban Design Kilday Studios, 561-366-1 100 Landscape Architect: Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. Northwest Corner of PGA Boulevard and Central Boulevard General Location: Northwest Corner of PGA Boulevard and Central Boulevard Address: 02/35 Section: 41/42 Townshitx Ranae: 42 Multiple Property Control Numbers affected, please see attached Property Control Number($: Exhibit A for all PCN's affected Acreage: Current Zoning: PCD/RL-3 Req uestedzoni ng: No Change B Flood Zone Base Flood Elevation (BFE) - to be indicated on site plan RM/RH (Residential) Current Comprehensive Plan Land Use Designation: Residential No Change Existing Land Use: Requested Land Use: Existing Proposed Use(s) i.e. hotel, single family residence,etc.: residential community Proposed Square Footageby Use: Not Applicable ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): Parcel A currently has 23 lots, we are proposing to relocate 10 additional DU's from Tract F-I to Parcel A 2 J us ti f ica t ion Information concerning all requests (attach additional sheets if needed.) (Section 78-46, Application Procedures, Land Development Regulations.} 1. ~~~l~i~ the nature of the request: This request is directly related to a tandem petition to modify the clubhouse parcel to remove the Casita units approved and redistribute ten (IO) of the dwelling units to Parcel A The proposed dwelling units will increase the density of Parcel A to 1.87 du/ac which is still below the density allowed on the Master Plan. The addition of the IO additional lots will reduce the lot widths to a min. of 80' The application also includes an enhancement of the perimeter buffer to include additional wall fountains and landscaping. 2. What will be the impact of the proposed change on the surrounding area? There will be no impact to the surrounding area. The total number of dwelling units in the Old Palm PCD remain the same. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. This is not a request to rezone the property. Compliance with the Vision Plan and the Comprehensive Plan were addressed when the PCD was approved 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? All requirements for preservation of natural resources and native vegetation were addressed with the approval of the PCD. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-26 1, Land Development Regulations)? Not Applicable ~~ ~~~ 6. Has project received concurrency certification? Yes, Concurrency has been previously approved and is on file with the city. Date Received:ban 1,2001 Legal Descriptionof the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately mile(s) from theintersectionof Central Boulevard & PGA Blvd. , on then nort~,least,nsouth,Rwest side of Central Boulevard (streethoad). 4 Exhibit ‘A’ LEGAL DESCRIPTION PARCEL A LOTS 123 THRU 145, CONSECUTIVELY OF OLD PALM PLATTHREE, AS RECORDED IN PLAT BOOK 100 PAGES 85 THRU 94, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH A PORTION OF, TRACT S-3 OF OLD PALM PLAT THREE, AS RECORDED IN PLAT BOOK 100 PAGES 85 THRU 94, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LEGAL DESCRIPTION PARCEL C, LOTS 255,256, AND 265 LOTS 246,255,256, AND 265, CONSECUTIVELY, AND A PORITON OF OPEN SPACE TRACTS 22 AND 25, OF OLD PALM PLAT FOUR, AS RECORDED IN PLAT BOOK 101 PAGES 119-123, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LEGAL DESCRIPTION CLUBHOUSE AND CASITA PARCEL /TRACT F-I) TRACT F-I OF OLD PALM PLAT FIVE (LESS PARCEL IN OR 23433 P 467, WA RECREATION TRACT, AS RECORDED IN PLAT BOOK 101 PAGES 57 THRU 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH, TRACT F-I OF OLD PALM PLAT FIVE IN OR 23433 P 467, WA RECREATION TRACT, AS RECORDED IN PLAT BOOK 101 PAGES 57 THRU 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. .. Applicant’s Certification I/We affirm and certify that I/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further, I/we understand that this applicati official records of the City of Pal ents, and application filing fees become a part of the dens, Florida, and are not returnable. Applicant is: S i gn a t u re of A p p I i ca n t r Owner r Optionee r Lessee Anne Booth Print Name of Applicant 477 S. Rosemary Avenue Street Address West Palm Beach, Florida 33401 City, State, Zip Code Agent (561) 366-1 100 Telephone Number r Contract Purchaser (561) 366-1 11 1 Fax N umber abooth@udkstudios.com E-Mail Address 6 STATEMENT OF OWNERSHIP AND DESIGNATION OF AUTHORIZED AGENT Before me, the undersigned authority, personally appeared RICHARD SCHAUPP, who being sworn on oath, deposes and says: 1. That, he is the AUTHORIZED SIGNATORY of Clarion Partners, LLC, a New York limited liability company, as its Manager of Clarion Development 111, LLC, a Delaware limited liability company, as Sole General Partner of Clarion Development Ventures, 111, L.P., a Delaware limited partnership, as Sole Member of CDVlll Old Palm, LL C, a Delaware limited liability company as Managing General Partner of OLD PALM HOLDINGS, L.P., a Delaware Limited Partnership, which is the owner of certain properties within the Old Palm Planned Community Development, as described in the attached legal description: (See attached Exhibit A) 2. That he is authorized to act on behalf of OLD PALM HOLDINGS, L.P., with regard to this application, and; 3. That, OLD PALM HOLDINGS, L.P., is requesting Major Site Plan Amendments for Parcel A, Parcel C, and the Clubhouse site and Plat approvals for Parcels A and C, within the Old Palm community and as more specifically described in the attached Exhibit A, and; 4. That, OLD PALM HOLDINGS, L.P., has appointed ANNE BOOTH and URBAN DESIGN KILDAY STUDIOS to act as Agent on it=s behalf to accomplish the above, and; 5. That, OLD PALM HOLDINGS, L.P., and/or its successors or assigns, commits to proceed with the proposed development in accordance with the Ordinances and Resolutions of approval and such conditions and safeguards as may be set by the City Council in such Ordinance, and; 6. That OLD PALM HOLDINGS, L.P., or its successors or assigns, commits to complete the development according to the plans approved by such Ordinance, and to continue operating and maintaining such area, functions, and facilities as are not to be provided, operated or maintained by the City of Palm Beach Gardens pursuant to written agreement, and; 7. That, OLD PALM HOLDINGS, L.P., commits to bind any successors in title to any commitments made in the approval. OLD PALM HOLDINGS, L.P., a Delaware Limited Partnership BY: CDVlll Old Palm, LLC, a Delaware limited liability company Its Managing General Partner By: CLARION DEVELOPMENT VENTURES 111, L.P., a Delaware limited partnership, Its Sole Member By: CLARION DEVELOPMENT Ill, LLC, a Delaware limited liability company, Its Sole General Partner By: CLARION PARTNERS, LLC, a New York limited liability company, Its Manager BY: 7% Rich rd Sc u p, as Authorized Signatory STATE OF Nu yik COUNTYOF s known to me and who executed the foregoing instrument as an Authorized Signatory of CLARION PARTNERS, LLC, a New York limited liability company, as Manager of CLARION DEVELOPMENT 111, LLC, a Delaware limited liability company, as Sole General Partner of CLARION DEVELOPMENT VENTURES 111, L.P., a Delaware limited partnership, as Sole Member of CDVlll Old Palm, LLC, a Delaware limited liability company, as Managing General Partner of OLD PALM HOLDINGS, L.P., a Delaware Limited Partnership, and severally acknowledged to and before me that he executed said instrument as such authorized signatory on behalf of OLD PALM HOLDINGS, L.P., a Delaware Limited Partnership, and that said instrument is the free act and deed of OLD PALM HOLDINGS, L.P., a Delaware Limited Partnership. Before me personally appeared Richard Schaupp who is personally Witness my hand and official seal this Iq*day of L\ y ,201 1 Notary Seal: Commission No.: c’ -3 Exhibit ‘A’ LEGAL DESCRIPTION PARCEL A LOTS 123 THRU 145, OF OLD PALM PLATTHREE, AS RECORDED IN PLAT BOOK 100 PAGES 85 THRU 94, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH A PORTION OF, TRACT S-3 OF OLD PALM PLAT THREE, AS RECORDED IN PLAT BOOK 100 PAGES 85 THRU 94, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LEGAL DESCRIPTION PARCEL C, LOTS 255,256, AND 265 LOTS 246,255,256, AND 265, AND A PORTION OF OPEN SPACE TRACTS 22 AND 25, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. OF OLD PALM PLAT FOUR, AS RECORDED IN PLAT BOOK 101 PAGES 119-123, LEGAL DESCRIPTION CLUBHOUSE AND CASITA PARCEL {TRACT F-I) TRACT F-I OF OLD PALM PLAT FIVE (LESS PARCEL IN OR 23433 P 467, WA RECREATION TRACT, AS RECORDED IN PLAT BOOK 101 PAGES 57 THRU 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH, TRACT F-I OF OLD PALM PLAT FIVE IN OR 23433 P 467, WA RECREATION TRACT, AS RECORDED IN PLAT BOOK 101 PAGES 57 THRU 67, PUBLIC REC0RD.S OF PALM BEACH COUNTY, FLORIDA. Palm Beach Gardens Growth Management Department 10500 North Military Trail, Palm Beach Gardens, FL 334 10 561-799-4230 Permit #I Financial Responsibilitv Form The owner understands that all City-incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner andlor designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner andlor designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the Clty may utilize the security deposit for re-irnbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The ownerldesignee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Growth Management Department if the name andlor address of the responsible party changes at anytime ation review process. Richard Schau , Authorized Si. nato MultiDle PCN's (see attached Listing) Owner printed name Propetty Control Number DESlGNEElBlLL TO: Old Palm Holdinas. LP 11 089 Old Palm Drive Palm Beach Gardens, FL 33418 NOTARY ACKNOWLEDGEMENT STATE OF &J \I,Jk COUNTYOF (&& He or she is personally known *- ". LYNN MARIE AMUNOWCM Notary PuMlc. Sbte of New YOI% Ten Expires May 5.2017 Wlfied No OlAN61W3 in Queens canty / &Y of' PALM BCH GDNS Printed name State of at-large My Commission expires: a i PALM BEACH COUNTY PROPERTY CONTROL NUMBERS OLD PALM - PARCEL A 52-42-41 -35-06-000-1 230 thru 52-42-41 -35-06-000-1450 OLD PALM - PARCEL C 52-42-41 -35-09-000-2460, 52-42-41 -35-09-000-2550, 52-42-41 -35-09-000-2650 52-42-41 -35-09-000-2560, and OLD PALM - PARCEL CLUBHOUSE / CASITA 52-42-41 -35-07-006-001 0, and 52-42-41 -35-07-006-0020 urban PROJECT NARRATIVE OLD PALM GOLF CLUB PCD design ki I dau S T U D IO Sd MAJOR SITE PLAN AMENDMNT April 8, 2011 PARCEL A Urban Planning and Design Landscape Architecture Communication Graphics History, Location, Land Use On September 19, 2000 the Old Palm PCD was approved by the City Council through the adoption of Ordinance 32, 2002 to allow 333 dwelling units, a private 19-hole golf course, clubhouse, maintenance facilities, golf services area and three practice holes. On September 1, 2010, Old Palm Holdings, LP (Applicant) acquired Parcel A from WCI Communities, LLC (WCI), the original master developer of the Old Palm PCD. Through an agreement with the Old Palm Advisory Committee, an ad-hoc group of Old Palm residents, Old Palm Holdings agreed to modify the Clubhouse parcel to remove and relocate the un-built Casita units. This application is being submitted simultaneously with Site Plan applications to modify Parcel F1 and Parcel C. The applicant will also be submitting an amended plat for simultaneous review and approval for Parcel A. Parcel A was originally approved on March 20, 2003 via Resolution 49, 2003 for 23 custom single-family homes on approximately 18.47 acres. Parcel A was approved in conjunction and on a combined site plan approval with Parcel B and Parcel E. A subsequent Administrative Amendment, ADMN-04-53, approved on July 30, 2004, modified the rear setbacks for fences and walls. Parcel A is zoned “Planned Community District” (PCD) Overlay with underlying zoning of Residential Low3 (RL-3), with Future Land Use Plan designations of Residential Medium (RM) and Residential High (RH) and a Master Plan designation of residential low. Parcel A is internal to the Old Palm PCD and is bordered on the west by a lake, open space and Parcel B. To the northeast of the site is the Old Palm Preserve Tract 3, Old Palm PCD 100’ boundary buffer area, and Interstate 95. To the southeast is Old Palm Preserve Tract 3, Old Palm PCD 100’ boundary buffer area and Central Boulevard. To the southwest are Parcel E and the Old Palm Drive roadway. To the north of the subject site are Preserve Tracts 3 and 4 and the Old Palm PCD 40’ boundary buffer area and Westwood Gardens residential community. 477 S. Rosemary Avenue Suite 225 - The Lofts at Cityplace West Palm Beach, FL 33401 7 I, ). h’t4 ;,> ’ ’1 I 561.366.1 100 561.366.1 11 1 fax ‘7 rei I 1 www.udkstudios.com * x. /\“I,. -- .- -4’ Lccoooo35 . *- ,,I 1 f Old Palm Parcel A Major Site Plan Amendment Project Narrative April 8, 201 1 Page 2 Res ues t This request is for a Major Site Plan amendment to allow 10 residential units to be relocated from Parcel F1 (Clubhouse/Casita’s) and incorporated into Parcel A. The current approval for Parcel A is for 23-1 25’ lots. With the addition of the 10 lots, the lot widths will be reduced to a minimum of 80’. The existing configuration of the parcel and the depth of the lots have been maintained. The locations of existing drainage and utility easements were maintained as often as possible. In some instances the location of easements constrained the reconfiguration of the lots as noted by two lots on the north end of the parcel which will continue to maintain the existing 125’ width. In an effort to minimize the noise generated by the close proximity of 1-95, additional fountains and landscape treatments are being added to existing perimeter buffer wall. Included in this application is a request to amend the Custom Single Family Design Guidelines to streamline and simplify the language of the guidelines to make it easier for the City staff to interpret and enforce. The amended Guidelines will cover construction of homes in all of the Single Family Custom Home parcels (A, B, C, and E). Also included in this application is a request to modify the approved conditions of approval to remove or modify conditions which are no longer applicable, or are addressed by the Land Development Regulations. Special consideration has been given to the lot layout to maintain as many of the existing utility connections and lines as possible. Conceptual engineering plans and an amended plat have been submitted to Seacoast Utility Authority and the Northern Palm Beach County Improvement District for review and approval of the proposed connection modifications. Landscaping and Amenities This application includes proposed hardscape and landscape plans which add fountain features to the existing buffer wall along with additional street trees shrubs and groundcovers. Included in the proposed hardscape improvements is the replacement of the gate across the utility line crossing which is in need of repair. The proposed gate will be more esthetically pleasing and consistent with wall treatment. Street trees will be Royal Palms with one tree per lot. The Design Guidelines for Single Family Custom homes also requires 1 tree or two palms and six shrubs per 1000 square feet of open space or fraction thereof per lot. H:UOBS\Old Palm\OP Holdings LP-Parcel A SPR-.O35\Documents\Submitted Documents\M.O7.1 l\Project Narrative Parcel A.rtf Old Palm Parcel A Major Site Plan Amendment Project Narrative Front Setback: Front Entry Garage Front Setback: Side Entry Garage Side Setback2 Rear Setback' April 8, 201 1 Page 3 RL-3 District 25' 25' > of 7.5' or 10% of lot width IO' The cul-de-sacs will also include water features and landscaping. 12'* Setbacks 12'* The applicant is proposing the following modifications to the approved setbacks for Parcel A to accommodate the modified size of the lots. In addition, the setback chart has been corrected to reflect a previously approved waiver for Fence and Wall setbacks approved in. Resolution 49, 2003. The proposed setback changes are consistent with or exceed the code. 0' 0' Building 0 2 5' 0' 25' 0' -1 0' 10' PooVSpa. 25' 25' w 10' 10' Dec WScreen Enclosures 0 25' 25' 10' IO' Fence 0 Wall + I Waiver requested A minimum 17' setback will be maintained between all Seacoast lines and the building and minimum 15' setback will be maintained by pools, screens, and walls. Fences and walls may only be placed in drainage and utilities easements with the written consent of the agency having jurisdiction over said easement. A min. 10' setback will be maintained on the rear of all lots abutting preserve in accordance with Section 78-31 6 Preserve Areas, (j) Minimum Separation. Lots 32 and 33 will maintain a side setback of 12.5' for buildings, pools and spas. Concurrency This site plan modification is being requested simultaneously with an amendment to the Clubhouse/Casita parcel (Fl) to relocate approved dwelling units from one parcel to another within the boundaries of the Old Palm PCD. The applicant is not requesting an increase in the number of approved dwelling units for the community. The Old Palm PCD has been previously approved and received concurrency for 333 single family dwelling units. To date, 302 lots and 18 Casitas have been approved. This request does not increase the number of approved units allowed. H:UOBS\Old Palrn\OP Holdings LP-Parcel A SPR-.035\Docurnents\Subrnitted Documents\04.07.1 l\Project Narrative Parcel A.rtf Old Palm Parcel A Major Site Plan Amendment Project Narrative April 8, 201 1 Page 4 Densitv The addition of IO lots to Parcel A increases the density of the parcel from 1.3 du’slac to 1.86 du’s/ac. This increase is still within the Low density designation on the Master Plan which allows up to 5 du’slac. . Architecture The proposed units will continue to be Single Family Custom Homes. Included in this application are amended Design Guidelines which have been streamlined and simplified for enforcement and applicability with code. Access There are no proposed access modifications as a result of this request. Access to Parcel A is from the internal spine road, Old Palm Drive, within the Old Palm Golf Club PCD. The spine road connects to PGA Boulevard and Central Boulevard. Waivers The applicant is not requesting any additional waivers as part of this request. H:UOBS\Old Palm\OP Holdings LP-Parcel A SPR~.035\Documents\Submitted Documents\04.07.1 l\Project Narrative Parcel A.rtf Date Repgnd: February 24,2003 RESOLUTION 49,2003 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A SITE PLAN TO ALLOW FOR THE DEVELOPMENT OF 23 CUSTOM SINGLE-FAMILY HOMES WITHIN PARCEL ‘A’ OF THE OLD PALM GOLF CLUB PLANNED COMMUNITY DISTRICT (PCD), 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. WHEREAS, the City of Palm Beach Gardens received an application (SP-02-02A) from WCI Communities, for approval of a site plan to provide for the development of 23 custom single- family homes within Parcel A of the Old Palm Golf Club PCD, as more particularly described herein; and WHEREAS, the 18.47-acre site, to be known as “Old Palm Golf Club Parcel A,” is currently zoned “Planned Community District’’ (PCD) Overlay with underlying zoning ofResidentia1 Low - 3 (RL-3), with a future land-use designation of Residential High (RH) and a Master Plan designation of Residential Low; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and that it is consistent with the City’s Comprehensive Plan, the Land Development Regulations, and the Old Palm Golf Club Master Plan (Ordinance 32,2002); and WHEREAS, on February 1 1,2003, the Planning and Zoning Commission recommended approval of this petition; and WHEREAS, the City Council of the City of Palm Beach Gardens has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1 : The foregoing “WHEREAS” clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Date Prepared: February 24,2003 Resolution 49,2003 Page 2 SECTION 2: The City Council of the City of Palm Beach Gardens, Florida hereby approves the “Old Palm Golf Club Parcel A” site plan, as more particularly described in Exhibit “A” attached hereto and incorporated herein, to provide for the development of 23 custom single-family homes located within the Old Palm Golf Club PCD. SECTION 3: Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 4: Said approval shall be subject to the following conditions, which shall be binding on the applicant, its successors and assigns: 1. The applicant shall comply with all applicable conditions listed in the Old Palm Golf Club PCD Development Order, Ordinance 32,2002. (Planning and Zoning) 2. Prior to the issuance of the first Certificate of Occupancy, the petitioner shall provide all homeowners association documents language for review and approval by the City Attorney and City Forester, including language designed to protect a designated shade tree on each lot for a formal street tree community program. (Planning and Zoning) 3. The applicant, successor, or assigns shall consider the following Crime Prevention Through Environmental Design (CPTED) guidelines: a) If the front entry door is a solid door and has a side panel window, the side window should be located on the opposite side of the door handle and door lock. (Planning and Zoning, Police Department) b) All sides of the house, including porch areas, are to be equipped with electrical outlets to help facilitate motion sensor security lighting. (Planning and Zoning, Police Department) c) Entry doors that swing inward are to be equipped with metal frames or other protective measures to “target harden” the doorway and discourage forced entry (Double doors, glass doors, or specialty doors are exempt from this provision). (Planning and Zoning, Police Department) d) Out-swinging exterior doors are to be equipped with security hinges. (Planning and Zoning, Police) e) Alarm panels are to be kept out of view from windows. (Planning and Zoning, Police Department) 4. Prior to the issuance of the Certificate of Occupancy for each home within Parcel A, street trees and street lights shall be field located on each lot to avoid conflicts between lights and landscaping, including long term tree canopy growth. (Planning and Zoning, Police) 5. Prior to the issuance of the first Certificate of Occupancy, the applicant shall make provisions in the homeowners association documents to provide means of access, at least six (6) feet in Date pnpared: February 24,2003 Resolution 49,2003 psge 3 6. 7. 8. 9. width, to rear yards through common areas, lake maintenance easements and golf course arm, as applicable, for future construction or reconstruction by an owner, if access is not possible within the owner’s property. Such access shall be subject to limitations, conditions, restrictions and requirements, determined by the association and governmental entities having jurisdiction. (Planning and Zoning, City Attorney) There shall be no impacts to the adjacent preserve by the development of Parcel A. A bulkhead shall be used if necessary to allow grade changes between the rear lots and preserve areas. (Planning and Zoning, City Forester) At least one (1) on-site parking space per bedroom shall be provided for homes within Parcel A. (Planning and Zoning) All development shall comply with the Residential (Custom) Architectural and Landscape Design Guidelines for the Old Palm Golf Club Parcels A, B and E (“Exhibit B). (Planning and Zoning) The maximum height of fences and walls which are located forward of the established front building lines shall be no greater than five (5) feet in height. Decorative features, including but not limited to pedestrian archways, lighting and pillars, may exceed this height requirement but shall be no greater than nine (9) feet in height. Archways and similar structures which extend over the vehicular ingress/egress to the property shall maintain a minimum vertical height clearance of 13 feet, six (6) inches to allow access for firdrescue apparatus (Florida Fire Prevention Code). The ultimate archway or similar structure shall be no greater than 16 feet in height. (Planning and Zoning) 10. Fences and walls shall be located a minimum of 12 feet from the front property line. (Planning and Zoning) 11. Gates shall be permitted in the fencdwall within the front setback subject to the following conditions: a) A minimum 12-foot-wide vehicle access is required. b) A knox key switch is required on each vehicle gate. c) The gates shall swing away from the street or roll away from the vehicle entrance. d) A call box shall be provided for guest entry at each vehicle access. (Planning and Zoning) 12. Prior to the issuance of the first building permit, a Sketch & Legal Description of Parcel A, including the intermediate turnaround configuration, signed and sealed by a professional surveyor registered in the State of Florida, will be submitted to the City for review and approval. (City Engineer) Date Rcpared: February 24,2003 Raolutian 49,2003 Page 4 SECTION 5: Construction of the site shall be in compliance with the following plans on file with the City’s Growth Management Department: 1. Sheet SP-01: Overall Site Plan, prepared by Urban Design Studio and submitted to the City on February 26,2003. 2. Sheet SP-02: Site Plan, prepared by Urban Design Studio and submitted to the City on February 26,2003. 3. Sheet SP-05: Street Trees, prepared by Urban Design Studio and submitted to the City on February 26,2003. 4. Sheet SP-08: Typical Open Space Planting Plans, prepared by Urban Design Studio and submitted to the City on February 26,2003. 5. Sheet SP-09: Planting Details and Specifications, prepared by Urban Design Studio and submitted to the City on February 26,2003. 6. Sheet Nos. 1-4: Conceptual Engineering Plans, prepared by Keshavarz & Associates, Inc., and submitted to the City on January 15,2003. SECTION 6: The following waivers are hereby granted with this approval: 1. Section 78-506: Sidewalks - to waive the requirement that sidewalks extend around the culde- sac. The Land Development Regulations require that sidewalks extend around the entire cul- de-sac. 2. Section 78-1 86(a)(8): Fences and Walls - to waive the prohibition of fences and walls forward of the established or existing front building lines, thus allowing fences and walls to be placed a minimum of 12 feet fiom the front property line. The Land Development Regulations prohibit fences and walls to be erected forward of the established or existing front building lines. 3. Section 78-501: Cul-de-sacs - to allow for a distance of 1,850 feet between turnaround and intersecting right-of-way. The Land Development Regulations requires that streets terminating in a cul-de-sac have a maximum length of 1,500 feet or provide an intermediate turnaround within 1,500 feet of the nearest intersecting right-of-way. SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8: All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9: This Resolution shall be effective upon adoption. Date Prepared: February 24,2003 Raolution 49,2003 Page 5 PASSED, ADOPTED AND APPROVED this* DAY of & ,2003. .' i'. 'I I HEREBY CERTIFY that I have approved this ORDINANCE as to form. CITY ATTORNEY VOTE: -- AYE NAY ABSENT cl COUNCILMEMBER RU.$o --- COUNCILMEMBER A Date Pqarcd: Fcbnrary 24,2003 Resofuth 49,2003 Page 6 EXHIBIT “A” (see next page attached) _. 460 Business Pork Woy * Suite D Royol Palm Beoch, florida 3341 1 s, :'ETCH ti DESCL~PTION I DATE: 1 2/10/20( DRAWN OLDRM SURVEY NOTES: 1. BEARINGS HEREON ARE RELATIVE TO THE WEST LINE OF THE SOUTH ONE-HALF . (S 1/2) OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, AS CALCULATED FROM THE PALM BEACH COUNTY SURVEY DEPARMENT'S GRID COORDINATES FOR SAID LINE. SAID LINE BEING MONUMENTED AND HAMNG A' BEARING OF NORTH 00'57'25" EAST; 2. THIS INSTRUMENT NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3.THE UNDERSIGNED MAKES NO REPRESENTATIONS OR GUARANTEES AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS OF WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH ALL SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY AND/OR EASEMENTS LB6599. OF RECORD. 4. THE LICENSE BUSINESS NUMBER FOR DENNIS J. LEAVY & ASSOCIATES INC. IS 5. THIS IS NOT A SURVEY. LEGEND: <G = CENTERLINE C = CALCULATED A = CENTRAL ANGLE ESMT = EASEMENT N.R. = NON-RADIAL P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT RES. = RESIDENTIAL R.P. = RADIUS POINT S. F. = SQUARE FEET - O.R.B. = OFFICIAL RECORD BOOK SEC, - P.B. = PLAT BOOK P.B.C.R. = PALM BEACH COUNTY RECORDS PG. = PAGE(S) I I I I 1 SECTION SKETCH & DESCRIPTION I For. Parcel "A" Dennis J. Leavy & Associates, Inc. Lami Survsyors * lyarppera phone 561 753-0650 fox 581 753-0290 I F.B./PG. N/A PARCEL "A' (SHEET 1 0~9, 3L I 3 W x a. - Z E 3 I- 3 [ Q i; Q L I LOCATION MAP NOT TO SCALE 36 36 I 1 I -~ ~ Dennis J. Leavy & Associates, Inc. Lami Suw~m * dhppers 460 Business Park Way * Suite 0 Royal Palm Beach, Florida 33411 DRAWNDX/RRM N,A SKETCH & DESCRtPTION For: Parcel "A" DATE: I 2/10/20c 561 753-0650 fox 561 753-0290 F.B./PG. N/A JOB# PARCEL 'A" SHEET2 OF9 DESCRIPTION: - ~____ Dennis J. Leavy & Associates, Inc. tund surveyors Yumm? Royal Palm Beach, Florida 33411 phone -1 7!53-UtW fax 561 753-0290 460 Business Park Way Suite 0 A parcel of land lying within a portion of the South one-half (S 1/2) of Section 35, Township 41 South, Range 42 East and the North one-half (N 1/2) of Section 2, Township 42 South, Range 42 East, being more particularly described as follows: ~ - ~~ SKETCH & DESCRIPTION For: Parcel "A" 'DAAWNDJL/RRM scuL: N/A DATE 12/10/20 F.B./PG. N/A Joe# PARCEL "A" SHEn 3 wa Commencing at the Southwest corner of the South one-half (S 1/2) of said Section 35; thence North 00'57'25" East, along the West line of the South one-half (S 1/2) of said Section 35, as a basis of bearings, a distance of 2,145.85 feet; thence South 89'02'35" East, departing said West line, a distance of 3,456.84 feet' to the POINT OF BEGINNING; thence North 00'00'00'' East, a distance of 200.00 feet; thence North 90'00'00" East, a distance of 60.69 feet to a point on the arc of a non-tangent curve to the right, whose radius point bears North 68'45'26" East from said point, o radial distance of 69.00 feet; thence northeasterly along the arc of said curve, through a central angle of 170'45'44", a distance of 205.64 feet; thence North 90'00'00'' East, a distance of 22.19 feet to the point of curvature of a circular curve to the right having a radius of 535.00 feet and a central angle of 61'23'37"; thence southeasterly along the arc of said curve a distance of 573.26 feet; thence South 28'36'23" East, a distance of 361.66 feet to the point of curvature of a circular curve to the right having a radius of .835.00 feet and a central angle of 69'10'31"; thence southerly along the arc of said curve a distance of 1,008.12 feet; thence South 41'00'21" West, a distance of 752.35 feet; thence South 43'37'28" West, a distance of 399.03 feet to the point of curvature of a circular curve to the right having a radius of 285.00 feet and a central angle of 20'21'44"; thence southwesterly along the arc of said curve a distance of 101.29 feet to the South line of the South one-half (S 1/2) of said Section 35 and the North line of the North one-half (N 1/2) of said Section 2; thence continue southwesterly along the arc of said curve having a radius of 285.00 feet and a central angle of 04'45'35", a distance of 23.68 feet; thence North 21'21'00" West, a distance of 11.06 feet to the North line of the North one-half (N 1/2) of said Section 2 and the South line of the South one-half (S 1/2) said Section 35; thence continue North 21'21'00" West, a distance of 48.94 feet; thence North 46'22'32" West, a distance of 178.67 feet; thence North 42'59'39" East, a distance of 749.88 feet; thence North 40'34'08" East, a distance of 483.20 feet to the point of curvature of a circular curve to the left having a radius of 575.00 feet and a central angle of 69'10'31"; thence northerly along the arc of said curve a distance of 694.22 feet; thence North 28'37'57" West, a distance of 375.61 feet to a point on the arc of a non-tangent curve to the left, whose radius point bears South 58'22'46" West from said point, a radial distance of 275.75 feet; thence northwesterly along the orc of said curve, through a central angle of 58'20'12", a distance of 280.76 feet; thence South 90'00'00'' West, a distance of 206.65 feet to the POINT OF BEGINNING. Said lands situate, lying and being in the City of Palm Beach Gardens, Palm Beach County, Florida. Containing 804.641.52 square feet or 18.47 acres, more or less. L Y .* !& I I I -- S89 (RADIAL) \. .bOO'OO'E BEGINNING I- 1 / PARCELA \ 18.47tACRES \ / N. LINE OF N. 1/2 -/ NOTTO SCME i POINTOF S. LINE OF S. ln SEC. 35-41-42 f N. LINE OF N. li2 SEC. 24242 - .-.-.-*_._.- R-835.00' --66970*31' .-. Dennis J. Leavy k Associates, Inc. Land Surveyors * Mumera 460 Business Pork Way * Suite 0 Royal Palm Beach, Florida 33411 phone 581 753-0650 fax 581 753-0290 SKETCH & DESCRIPTION For: Parcel "A" Date Prepared: February 24,2003 Roohrtion 49,2003 Page 7 EXHIBIT “B” (see next page attached) OLD PALM GOLF CLUB Parcels A, B and E RESIDENTIAL (Custom) ARCHITECTURAL and LANDSCAPE DESIGN GUIDELINES May 9,2002 General Criteria for Architecture and Structures Introduction The highest standards of quality and aesthetics have been incorporated into the planning, design and construction of Old Palm. All architectural, hardscape and landscape features are to complement one another. The Guidelines encourage attention to detail and require that all functions, geometry, and materials are harmonious with each another with minimal shifts in variety. The final design image shall be well refined and carefully detailed. The floor plans and elevation designs shall work in unison to achieve consistency in scale, balance in proportion and harmony within the total improvement and the neighborhood. The siting of the house shall be such that outdoor accessory uses are not constrained and that the streetscape, golf course and that adjacent homes are not adversely impacted. Heiaht No Dwelling Unit may exceed 36' in height. Varied Lines and Scale The mass and scale of all buildings shall be visually appealing through the use of architectural detailing, windows, patio walls, balconies and varied roof lines. - Use All Lots are restricted to use for a single-family detached residence, designed for and occupied by one family. No more than one (1) Dwelling Unit may be built on a Lot. Buildings accessory to the use of a Dwelling Unit may be erected provided that they are not used as living quarters unless specifically designed and approved as guesthouses, and are attached to the main residence via walls, trellises, etc. Elevation Use of the following features is strongly recommended: PorchesNerandas/Balconies , 0 Roof top decks and towers Balustrades Arches and Columns Bay or Bow Windows and Rooms Corbels, Keystones, Quoins 0 Transoms and Sidelights Metal Gates and Railings 0 Clerestory Windows Low walls and Potted Plant Material Window openings shall be articulated through the use of shutters, projecting lintels, substantial sills or surrounds such as pre-cast stone, faux stone or stucco banding. 2 Awnings, decorative shutters and permanent hurricane shutters are permitted only when designed as an integral part of the building elevation. Buildinn Finishes Finishes shall include: Painted stucco Natural stone or keystone Limited use of glass block, brick, wood and plastic siding Colors Exterior colors should be neutral in nature, emphasizing matte finish earth tones. Bright colors are discouraged. ROO& Roofs shall have a minimum pitch of 4:12 and maximum pitch of 6:12 unless otherwise specifically approved. Materials recommended: Flat or 3, color impregnated concrete tile Barrel clay tile Impervious roofs over patios shall be designed with architectural detailing to match that of the principal building. Flat roofs shall generally not be permitted unless they enhance the design of the Structure, or are for small portions of the roof only, or will not be visible from outside of the Lot. Roof Vents and Chimneys All roof mounted vents or stacks shall be painted to match the color of the roof. All chimney stacks shall be the same color as the body of the house. All chimneys shall be capped with either a tile or metal roof or accented with stucco banding and/or ceramic tile. Screen Enclosures Screen enclosures on a Lot shall meet required setbacks. The vertical elements of the screen enclosure must be columns, pillars, posts, pilasters or other such architectural structures, which complement the architectural style of the home. The roof or horizontal framing elements must be of the same design and material of the home. Screens and frames shall be dark bronze, black or colors that blend with the architecture (no white). Swimming Pools, SDas and Hot Tubs The design and location of all swimming pools, spas and hot tubs must be approved in accordance with City approvals Aboveground pools and aboveground spas are not permitted unless they are integrated into the design of the Structures and specifically approved. 3 Accessow Structures All accessory structures on Lots are to be compatible with the principal structure in both material and configuration while maintaining setbacks. Detached storage buildings and tool sheds are not permitted. No garage shall be erected which is separated from the Dwelling Unit unless enclosed within a courtyard or othewise attached or integrated into the design of the Structures. No unenclosed storage area shall be permitted. No enclosed storage area shall be erected which is separated from the Dwelling Unit unless incorporated into the design of the Structures. No outside antennas, satellite receptor dishes or devices or any other type of electronic device now in existence or that may hereafter come into existence must either not be visible from view from outside the Lot or be disguised to resemble and in fact be visually indistinguishable from Structures, devices or improvements otherwise approvable in Old Palm. Drlvewavs. Front Walkways and Rear Patios The driveway materials shall be unified with the front walkway by repeating the material color and texture in its entirety. In no event shall the driveway surface be less than five (5) feet from the side Lot line. Materials recommended: Concrete paver blocks Set stone or old brick Walls. Fences and Archwavs Walls and fences on Lots shall not unreasonably block the golf, lake or natural preserve views of adjacent Lots. Walls, fences, gates and archways shall be designed as an extension of the architectural mass and shall be detailed to unify the entire site design. The creative use of walls, fences, gates and archways when designed to create a series of entrances and levels to provide for variety in the scale of exterior space and elevation treatment is encouraged. Continuous solid walls are discouraged. No wall or fence shall be constructed on a Lot with a height of more than six (6) feet above the existing ground level of adjoining property. A wall, fence or enclosure shall only be constructed of materials and with a design and color complementary to the home. No chain link fencing shall be allowed except for tennis courts. All court fencing must have black vinyl coating, wind screens and adequate landscaping. Wall/ fence materials recommended: Prefinished galvanized steel picket Prefinished aluminum picket Wrought iron Concrete block/ stucco 4 Fence colors recommended: Black VerdeGreen , Bronze Exterior Lot Liahts Landscape accent lighting (uplights and downlights) are recommended instead of flood lights, and must be directed so as not to adversely affect adjacent properties. No colored lenses or bulbs shall be permitted. Mail boxes Mailboxes shall complement the architectural style, materials and colors of the dwelling structure. Securitv Svstems In an effort to enhance the privacy of Old Palm, each Owner must install, at Owner's expense, an electronic "security" system designed so that it is capable of being monitored. Utilitv Details No mechanical equipment is to be placed on roofs. However, solar panels are permitted and must be positioned so they are not visible from roadway. Window or wall mounted air conditioner units are not permitted. Adequate screening from the street and adjacent properties for the following: 0 Air conditioner units Utility boxes and meters Pool pumps and heaters 0 Irrigation pumps and backflow prevention devices 0 Underground gas tanks for pool heaters Trash containers 5 General Criteria for Landscaping of Custom Lots Introduction The design must provide enrichment for both the short term and the.long term appearance of Old Palm. It is intent that the existing native vegetation be retained to the maximum extent possible. Clearing shall be done selectively, retaining wherever possible the native vegetation. Plantina Reauirements Minimum fandscap Regu/remen& All lots will have a minimum of one tree or two palms and six shrubs per 1,000 square feet of open space orfraction thereof. Additionally, a shade tree from the City of Palm Beach Garden’s preferred tree list is required as a street tree, located within the road right-of-way or within 15’ of the property line. SpciflcatXons All plant materials shall be Florida #l or better as outlined by the Florida Department of Agriculture and Consumer Services. Additionally, plat material needs to meet the minimum City of Palm Beach Garden’s height, clear truck and DBH to meet the minimum landscape requirements. 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 47 48 ,. ,\. Date Prepared: January 7,2004 RESOLUTION 20,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPqOVlNG AMENDMENTS TO THE MASTER DEVELOPMENT PLAN FOR OLD PALM GOLF THE NORTHWEST CORNER OF 1 PGA BOULEVARD AND CENTRAL AVENUE WHICH LIES jWlTHlN THE MUNICIPAL BOUNDARIES OF THE CITY OF PAVM BEACH GARDENS, AS DESCRIBED MORE PARTICULARLY' HEREIN, AND TO MODIFY CERTAIN CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. I CLUB PLANNED COMMUNITY DE~ELOPMENT LOCATED ON I WHEREAS, on September 8, 2002, the City council approved Ordinance 32, 2002,. thereby approving the Old Palm Golf Club PCD Mastkr Plan, which generally consists of 333 residential units and a private 19-hole golf course on approximately 651 acres; and WHEREAS, the City has received a request (PCD-03-01) from Henry Skokowski of Urban Design Studio, on behalf of the Community Finance Company, for an amendment to the Old Palm Golf Club Planned Community Development (PCD) to allow for: (1) a modification to a condition of approval established in the PCD Development Order (Ordinance 32,2002) relating to the number of non-resident golf club memberships permitted within the PCD; (2) modifications to certain PCD buffers; and (3) a modification to the approved PCD Master Plan allowing for a minor change to the location of certain preserve areas on site; and 1 WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City's Comprehensive Plan and Land Development Regulations, and has recommended approval; and WHEREAS, said PCD amendment petition was reviewed by the Planning and Zoning Commission on December 9,2003, and recommended its approval by a vote of 7-0; and WHEREAS, the City Council has considered thle evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY 1HE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: - SECTION 1. The foregoing recitals are hereby :)ffirmed and ratified. I Date Prepared: January 7,2004 Resolution 20,2004 SECTION 2. The amended Master Development Plan for Old Palm Golf Club Planned Community Development is hereby APPROVED on the following described real property to permit the development of the Old Palm Golf Club Planned Community Development with 333 single-family residential units, golf course, clubhouse, sales center, maintenance facilities, golf academy, and three practice holes on an approximately 651 -acre parcel generally located at the northwest comer of PGA Boulevard and Central Boulevard, as more particularly described herein, subject to the conditions; of approval contained herein, which are in addition to the general requirements otherwise provicled by ordinance: 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 48 LEGAL DESCRIPTION: I OLD PALM PCD I I A PARCEL OF LAND SITUATE IN SECTION 35, TOdVNSHIP 41 SOUTH, RANGE 42 EAST, AND SECTION 2, TOWNSHIP 42 SOUTH, RANGE: 42 EAST, WITHIN THE MUNICIPAL LtMlTS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED A6 FOLLOWS: COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE WEST LINE OF QUARTER SECTION LINE, A DISTANCE OF 21,694.21 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEI,; SAID POINT OF BEGINNING BEING ON A CURVE HAViNG A RADIAL BEARING OF SQUTH 59°35'10 EAST, A RADIUS OF 2,575.00 FEET, AND A CENTRAL ANGLE OF 75O39'04". THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF POINT ON A CURVE HAVING A RADIAL BEAR,ING OF SOUTH 54O26'54" EAST, A RADIUS OF 3,879.72 FEET, AND A CENTRAL ANGLE OF 08" 04' 22". THENCE PROCEED NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND WEST THENCE NORTH 43O37'28" EAST, A DISTANCE OF 373.82 FEET; TO A CURVE HAVING A RADIAL BEARING OF NORTH 46O35'56" EAST A RADIUS OF 1,669.35 FEET, AND A CENTRAL ANGLE OF 92"02'08". THENCE PROCEEED NORTHERLY ALONG THE ARC OF 2,681.51 FEET TO THE END OF SAID CURVE TO THE EAST-WEST QUARTER SECTION LINE, A DISTANCE OF 1,123.80 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID SECTION 35; THENCE SOUTH 87'56'04' EAST, ALONG THE EAST-WEST 3,399.93 FEET TO THE WEST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD AND A RIGHT-OF-WAY LINE, A DISTANCE OF 546.64 FEET TO THE END OF SAID CURVE; SAID CURVE DEPARTING FROM SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF LINE; THENCE NORTH 87'56'04" WEST, ALONG SAID EAST-WEST QUARTER SECTION PARCEL 31 .I 1 A PARCEL OF LAND SITUATE IN SECTION 35, TO\NNSHIP 41 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I BEGINNING AT THE INTERSECTION OF TH@ WEST RIGHT-OF-WAY LINE OF INTERSTATE 1-95 AND THE EAST-WEST QUARTflR SECTION LINE IN SAID SECTION 2 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 47 48 Date Prepared: January 7,2004 Resolution 20,2004 DISTANCE OF 41 1.88 FEET TO A POINT ON A CURVE HAVING A RADIUS OF 24,688.05 FEET, AND A CENTRAL ANGLE OF 2'22'34". THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE 'AND WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1,023.84 FEET TO THE END OF $!AID CURVE AND THE NORTHWEST FEET; THENCE SOUTH 40'34'08" WEST, ALCiNG SAID RIGHT-OF-WAY -LINE, A WAY LINE, A DISTANCE OF 10.00 FEET; THEN(FE SOUTH 43'37'28, WEST, ALONG RADIAL BEARING OF NORTH 46'35'56 EAST, PI RADIUS OF 1,669.35 FEET, AND A PROCEED NORTHERLY AND WESTERLY, ALO G THE ARC OF SAID CURVE, A SOUTH 87'56'03" EAST, ALONG SAID QUARTER SECTION LINE, A DISTANCE OF 210.30 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. 35; THENCE SOUTH 28'00'21" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A RIGHT-OF-WAY LINE OF CENTRAL BOULEVARC); THENCE SOUTH 43'37'19 WEST, ALONG SAID CENTRAL BOULEVARD RIGHT-OF-IWAY LINE, A DISTANCE OF 362.91 DISTANCE OF 751.07 FEET; THENCE SOUTH 46'22'41' EAST, ALONG SAID RIGHT-OF- SAID RIGHT-OF-WAY LINE, A DISTANCE OF 407.16 FEET TO A CURVE HAVING A CENTRAL ANGLE OF 92"02'08, THENCE DEPIYRTING SAID RIGHT-OF-WAY LINE, DISTANCE OF 2,681 51 FEET TO THE EAST-WES' r QUARTER SECTION LINE; THENCE LESS AND EXCEPT THE ADDITIONAL RIGHT-OF-WAY FOR INTERSTATE 1-95 CONVEYED TO THE STATE OF FLORIDA, FOR THE USE AND BENEFIT OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY THE DEED RECORDED IN OFFICIAL RECORDS BOOK 7481, PAGE 238. PARCEL 31.12 A PARCEL OF LAND SITUATE IN SECTIONS 1 AND 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST AND SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE EAST LINE OF SAID SECTION 2, THENCE NORTH 01'52'52" EAST, ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 1,773.56 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; SAID POINT OF BEGINNING BEING ON A CURVE HAVING A RADIAL BEARING OF NORTH 06"0659"'WEST A RADIUS 2,575.00 FEET, AND A CENTRAL ANGLE OF 48"09'10". THENCE PROCEED WESTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 2,164.09 FEET TO THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARO AND END OF SAID CURVE; SAID POINT BEING ON A CURVE HAVING A RADIAL BE;ARING OF NORTH 42'02'10 EAST, A RADIUS OF 3,759.72 FEET, AND A CENTRAL ANGLE OF 08'09'05". THENCE PROCEED SAID CURVE, A DISTANCE OF 534.89 FEET TO 'THE END OF SAID CURVE; THENCE DISTANCE OF 371.91 FEET TO A CURVE HAVlhG A RADIAL BEARING OF NORTH 42'28 44" EAST, A RADIUS OF 1,669.35 FEET, AND A CENTRAL ANGLE OF 66'51'33". SOUTHERLY ALONG THE ARC OF SAID CURVE1 A DISTANCE OF 1,947.99 FEET TO NORTHERLY AND EASTERLY ALONG SAID EAST RIGHT-OF-WAY LINE AND ARC OF NORTH 43'37'28" EAST, CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE, A THENCE, DEPARTING SAID RIGHT-OF-WAY 'LINE, PROCEED EASTERLY AND THE END OF SAID CURVE AND THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 1-95; Date Prepared: January 7,2004 Resolution 20,2004 DISTANCE OF 909.03 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 26'32'52" WEST, A RADIUS OF 2,575.00 FEET, AND A CENTRAL ANGLE OF 20'25'52". ALONG THE ARC OF SAID CURVE, A DISTANCE, OF 918.23 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL,. THENCE SOUTH 30'31'49" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A THENCE, DEPARTING SAID RIGHT-OF-WAY, PROCEED WESTERLY AND SOUTHERLY, 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 48 PARCEL 31.01 I A PARCEL OF LAND SITUATE IN SECTIONS 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST AND SECTION 2, TOWNSHIP 42 SOUTH , RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35, THENCE NORTH 00'57'25" EAST, ALONG THE WEST LINE THEREOF, A DISTANCE OF 2,297.06 FEET, THENCE SOUTH 87'56'11" EAST, A DISTANCE OF 301.06 FEET, THENCE NORTH 00'57'25" EAST, A DISTANCE OF 329.96 FEET; THENCE SOUTH 87'56'04" EAST, A DISTANCE OF 2,393.15 FEET TO A CURVE HAVING A RADIAL BEARING OF SOUTH 59'35'10 EAST, A RADIUS OF 2,575.00 FEET, AND A CENTRAL ANGLE OF 75'39'04". THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, A BOULEVARD AND A POINT ON A CURVE HAVING A RADIAL BEARING OF SOUTH 54'26'54" EAST, A RADIUS OF 3,879.72 FEET, AND A CENTRAL ANGLE OF 33'23'07". DISTANCE OF 3,399.93 FEET TO THE WEST RIGHT-OF-WAY LINE OF CENTRAL THENCE PROCEED SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT- OF-WAY LINE, A DISTANCE OF 2,260.64 FEET TO THE END OF SAID CURVE; THENCE SOUTH 02'09'59" WEST, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 2,908.10 FEET TO THE NORTH RIGHT-OF'-WAY LINE OF PGA BOULEVARD; THENCE NORTH 88'22'39" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1,OI 1.32 FEET TO THE POINT OF CURVATURE OF CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 11,399.1 6 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'37'40 AND AN ARC DISTANCE OF 522.80 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A FRDIUS OF 11,519.16 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID ClJRVE THROUGH A CENTRAL ANGLE OF 01'34'54" AND AN ARC DISTANCE OF 317.09 FEET; THENCE NORTH 74'20'28" WEST, A DISTANCE OF 73.48 FEET; THENCE NORTH 80'58'47" WEST, A DISTANCE OF 310.68 FEET; THENCE NORTH 84'28'05" WEST, A DISTANCE OF 293.34 FEET, THENCE NORTH 02'10'34" EAST, A DISTANCE OF 119.2,4 FEET; THENCE NORTH 05'2453" EAST, A DISTANCE OF 451.83 FEET; THENCE NORTH 05'24'53" EAST, A DISTANCE OF 325.37 FEET; THENCE NORTH 46'35'32". LAST A DISTANCE OF 458.00 FEET; THENCE NORTH 01'35'32" EAST, A DISTANCE OF 307.00 FEET; THENCE NORTH 42'49'26" WEST, A DISTANCE OF 521.54 FEET; THENCE hlORTH 27'49'26" WEST, A DISTANCE OF 307.24 FEET TO THE WEST LINE OF SAID SEXTION 2; THENCE NORTH 02'10'34" EAST ALONG SAID WEST LINE, A DISTANCE OF 371.65 FEET, THENCE NORTH 02'10'08" EAST, CONTINUING ALONG SAID WEST LINE, A DISTANCE OF 2,946.92 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. ! I 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 47 48 Date Prepared: January 7,2004 Resolution 20,2004 LESS AND EXCEPT THAT PORTION THEREOF CONVEYED FOR RIGHT-OF-WAY OF PGA BOULEVARD AS DESCRIBED IN THE DEED1 RECORDED IN OFFICIAL RECORDS BOOK 7819, PAGE 1428. PARCEL 31.08 A PARCEL OF LAND SITUATE IN SECTIONS 35 AND 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST AND SECTIONS 1 AND 2, TOWNSHIP 4:2 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALIbl BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THEE WEST RIGHT-OF-WAY LINE OF INTERSTATE 1-95 AND THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH 30'31'49" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE OF INTERSTATE 1-95, A DISTANCE OF 1,475.56 FEET TO A CURVE HAVING A RADIAL ANGLE OF 66'51'33", THENCE, DEPARTING FROM SAID RIGHT-OF-WAY LINE, FEET TO THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD; THENCE NORTH 43'37'28 EAST, ALONG SAID RIGHT-OF-WAY A IJISTANCE OF 409.08 FEET; THENCE THENCE NORTH 46'10'00" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 450.44 FEET; THENCE NORTH 51'13'00 EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF BEARING OF NORTH 24'22'49 WEST, A RADIUS OF 1,669.35 FEET, AND A CENTRAL PROCEED WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,947.99 SOUTH 46'22'41" EAST, ALONG SAID RIGHT-OF'-WAY, A DISTANCE OF 35.03 FEET, 302.66 FEET; THENCE NORTH 43037119 wsr, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 287.60 FEET TO THE POINT :OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following five waivers: 1. 2. 3. 4. A waiver from Section 78-231(f) of the City's Land Development Regulations to allow averaging of the Parkway Buffer ;along PGA Boulevard. The City Code requires a minimum of 185 feet. A waiver from Section 78-46(f) of the C'ity's Land Development Regulations to allow later submittal of the master sign plan. City Code requires concurrent submittal with the master plan of development A waiver from Section 78-186(8) of the City's Land Development Regulations to allow a ten (10) foot wall along the Turnpike and 1-95, and eight (8) foot walls along PGA Boulevard, Central Boulevard, and the northern boundary of the PCD. City Code requires a maximum height of six (6) feet. A waiver from Section 78-506 of the City's Land Development Regulations to allow one sidewalk along the internal loop roads within the PCD. City Code requires two sidewalks on each side of thb street. I 5 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 48 Date Prepared: January 7,2004 Resolution 20,2004 A waiver from Section 78-498 of the City's Land Development Regulations to allow a right-of-way width of 62-70 feet on internal cdllector roads within the PCD. City Code requires a minimum of 80 feet Fbr a collector. 5. SECTION 4. Said Planned Community Development is approved subject to the following conditions, which shall be the responsibililty of the applicant, its successors, or assigns: ENVIRONMENT AND LANDSCAPING 1. The applicant, successors, or assigns shall be responsible for the landscape, irrigation, installation, and maintenance of/ the road shoulders of those sections of public rights-of-way contiguous and/or adjacent to the Old Palm Planned Community Development (PCD), including: a. Northern shoulder of PGA Boulevard from the Ronald Regan Turnpike to Central Boulevard (to be incorporated into the "Parkway" design requirements), as permitted by the Florida Department of. Transportation and/or the County. The petitioner shall also replace the existing City irrigation system with a PCD irrigation system. b. Eastern shoulder of Central Boulevard, from 1-95 south (to be incorporated into the "Parkway" design requirements) to the southern terminus of petitioner's property, as permitted by Palm Beach County and/or the Florida Department of Transportation. c. Western shoulder of Central Boulevard from 1-95 south to PGA Boulevard (to be incorporated into the "Parkwa.y" design requirements) as permitted by Palm Beach County and/or the Florida Department of Transportation. (City Forester) 2. The applicant, successors, or assigns $;hall be responsible for the landscape installation of the medians (including irrigation) of those sections of public rights- of-way contiguous to the Old Palm Planned Community Development (PCD), including: a. PGA Boulevard from the Ronald Reagan Turnpike approximately 500 feet towards Central Boulevard as permitted by the Florida Department of Transportation. b. Central Boulevard from 1-95 to PGA I3oulevard, as permitted by Palm Beach County, excluding the medians previously installed by the Bent Tree PUD. (City Forester) 3. The applicant, successors, or assigns shall be responsible for the landscape maintenance of the medians (including1 irrigation) of those sections of public rights-of-way adjacent and/or contiguoui to the Old Palm Planned Community Development (PCD), including: i I 6 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 47 48 4. 5. 6. 7. 8. Date Prepared: January 7,2004 Resolution 20,2004 a. PGA Boulevard from 'the Ronald Reagan Turnpike to Central Boulevard (Petitioner shall provide a pro-rata sh4are in the cost of the maintenance with the Ballenlsles PCD). b. Central Boulevard from 1-95 to PGA Boulevard (petitioner shall provide a pro- rata share in the cost of the mainter\ance with the Bent Tree PUD). (City Forester) I ! The applicant shall install the landscaping and irrigation for the medians and roadway shoulders adjacent to the prope'rty, as described in Conditions 1 and 2 above, within six (6) months of issuanc'e of the clearing permit, or no further permits or inspections will be issued for tkie project site until said landscaping and irrigation are completed. This condition :)hall not apply to the road shoulder and medians affected by the raising of Cer'ltral Boulevard The landscaping and irrigation shall be installed simultaneously with the raising of Central Boulevard. (City Forester) Prior to the issuance of the first certificate of occupancy, the applicant shall provide surety, in an amount equal to, 110% of the cost of the landscape improvements described above, in anl escrow account established by the applicant to be used by its successors orassigns to complete the project. In the event the City of Palm Beach Gardens, c\r another entity, forms a special district pertaining to the landscape maintenance of contiguous rights-of-way, then the Old Palm property owners association, sLlccessors, or assigns 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 of Palm Beach Gardens. (Planning and Zoning) 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 topographyldrainage may result in disturbance or destruction of the preserve areas. Applicant's landscape architect and/or environmental consultant shall monitor protection of the preserve and buffer areas during land alteration/construction activities. (City Forester, City Environmental Consultant) I The proposed project shall be micro-siteii 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) 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 Section 178-250(a)(4)e of the City's Code of Ordinances and the approved Preservati bn/Relocation Plan are protected. (City Forester, City Environmental Consultant) I( 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 47 48 9. IO. 11. 12. 13. 14. 15. 16. Date Prepared: January 7,2004 Resolution 20,2004 Detailed road right-of-way and landscape plans for all interior PCD collector roads shall be reviewed and approved by the Growth Management Department prior to issuance of a permit to construct said rbad or phase thereof. (Planning and Zoning) Within six (6) 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 and/or its successors and assighs. Buffers shall be installed consistent with the PCD Buffer Plans. (Planning and; Zoning) I The petitioner shall maintain the landscaping along both sides of the wall along the northern boundary of the PCD and Wetstwood Gardens PUD. (City Forester) The petitioner shall completely screen ttie wall long PGA Boulevard from view from the right-of-way. The wall along Central Boulevard shall also be completely screened from view from the right-of-way three years after buffer landscape planting. (Planning and Zoning) I Preserves and buffers shall be unenc;umbered by maintenance, utility, or drainage easements, except as otherwise approved in the cross-sections or as may be permitted in certain locations subject to Gro\?rth Management Department approval. (Planning and Zoning) The PCD buffer along PGA Boulevard (Fkom the Turnpike to Central Boulevard) and along Central Boulevard (from PGA Boulevard to 117" Court), shall be installed within six (6) months of issuance of the first clearing permit. PCD buffer installation for the balance of Central Blvd, the PCD buffer for the property east of Central Boulevard, and Buffer Section 13 (along Westwood Gardens) shall be installed within twelve (12) months of is:suance of the first clearing permit. All other buffers shall be installed within eighteen (18) months of issuance of the first clearing permit. The buffer installation schedule shall be in accordance with Exhibit "C" attached hereto. A one-time six (6) month extension to complete buffer and right-of-way improvements may be granted by the Growth Management Director upon review of suffkient justification. (City Forester) The petitioner shall provide the City with.and install a City entry sign on Central Boulevard by the 1-95 interchange. The sign shall be installed within twelve (12) months of completion of the 1-95 interchange. Should the 1-95 interchange not be built within the next five (5) years from the effective date of this development order, the petitioner shall provide said sign at another location determined by the City. (Planning and Zoning) Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for review land approval by the City Engineer and the City's Environmental Consultant. (City Forester) I I .i Date Prepared: January 7,2004 Resolution 20.2004 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 48 17. Seacoast Utility Authority well locations and configurations, within the PCD buffer system, shall be restricted to those shown on the PCD Master Plan. Any revisions thereto shall be subject to Growth Management Department review and approval. (Planning and Zoning) ENGINEERING AND INFRASTRUCTURE 18. 19. 20; 21. 22. 23. 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 applicant shall obtain County approval for parcel access points onto Palm Beach County roadways. (City Engineer) If site plan approval has not been obtained and the applicant desires to clear and rough fill a pod during the construction of the lakes, the applicant shall obtain a clearing permit from the Growth Management Department prior to performing said work, (City Engineer) 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 prior to December 31,2005. (City Engineer) , Prior to the issuance of the first residential Certificate of Occupancy for each Pod, with the exception of the models, 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:' installation of the first lift of asphalt and a complete and operable drainage system. The installation of landscaping, sidewalks, or lighting fixtures is not required for Substantial Completion. (City Engineer) Prior to the issuance of the first certificate of occupancy for each Pod, with the exception of the models, the supporting public infrastructure of said Pod shall be constructed by the applicant 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: installation of the first lift of asphalt and a complete and operable drainage system. The installation of landscaping, sidewalks, or lighting fixtures is not required for Substantial Completion. (City Engineer) Prior to the issuance of the first building permit for any structure, the applicant shall provide surety acceptable to the City for the construction of the public improvements for the Spine Road (from PGA Boulevard to Parcels A and 8). 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 business day of July of each year. (City Engineer) 9 ~~ 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 48 24. 25. 26. 27. 20. 29. 30. Date Prepared: January 7,2004 Resolution 20,2004 The applicant shall be permitted to offer up to 55 non-resident golf club memberships with this PCD approval to off set the reduction in the number of homes proposed (320) and the number of homes approved with the concurrency approval (333). In addition. the applicant shall be Dermitted to offer additional non-resident golf club memberships at a rate of 4.23 non-resident memberships for evew unbuilt unit under 320. At no time shall the number of aolf club memberships exceed 375. The petitioner, successors, or assigns shall on January 1'' of each year submit an affidavit in recordable form to the Growth Management Department Director confirming that the number of non-residential golf club memberships is with,in or at the maximum number allowed by this development order. (City Attorney) Prior to the issuance of the final residential Certificate of Occupancy for this project, the Spine Road and all of the internal roadways shall be fully constructed by the applicant and approved by the City of Palm Beach Gardens. (City Engineer) Prior to the first residential Certificate of Occupancy for each Pod, the applicant shall install the landscaping for the Spine Road adjacent to and providing access to said Pod to the satisfaction of the City Forester. (City Engineer) Prior to the issuance of the Certificate of Occupancy for any building within the Clubhouse parcel, the applicant shall plat and construct the Spine Road to a point of completion, less the final lift of asphalt. The installation of landscaping, sidewalks, and lighting shall be operational along one side of the Spine Road to accommodate safe pedestrian access to the Clubhouse. Temporary crosswalks shall be provided across the Spine Road from each Pod entry to said sidewalk. (City Engineer) No construction or land alteration of any portion of the surface water management 'system shall be undertaken until an environmental resource permit for construction and operation of the Surface Water Management System, or portion thereof, is issued by the South Florida Water Management District and approved by the City. (City Engineer) The applicant shall copy to the City all correspondence to and from the South Florida Water Management District regarding the Surface Water Management System. (City Engineer) The applicant shall comply with all Federal Environmental Protection Agency (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. (City Engineer) 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1s 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 48 31. 32. 33. 34. 35. Date Prepared: January 7,2004 Resolution 20,2004 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, the Ronald Reagan Turnpike, Central Boulevard, PGA Boulevard, Westwood GardensNVestwood Lakes, etc. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant’s responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) 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 Northern Palm Beach County Improvement District. (City Engineer) All areas designated for maintenance of the Surface Water Management System shall be no less than twenty (20) feet wide (minimum) with graded slopes no steeper than 8: 1 (horizonta1:vertical). No construction or landscaping shall be permitted in the maintenance areas in a manner that will in any way restrict, impede, or otherwise limit the use of these areas for this intended purpose. (City Engineer) The applicant and/or Northern Palm Beach County Improvement District (NPBCID) shall furnish and install continuous lake stage recorders, including telemetry equipment meeting NPBCID guidelines. In addition, the stage recorders and telemetry equipment shall be configured such that the City shall have the capability to monitor lake stages. Installation shall be concurrent with the acceptance of the Surface Water Management System by NPBCID for all or any portion of the system. The locations and number of the stage recorders shall be in accordance with a monitoring plan mutually acceptable to the City and NPBCID. (City Engineer) The Surface Water Management System shall continue to be analyzed and designed using a dynamic analysis acceptable to the City, accounting for piping systems, and flood routing in order to establish minimum road, berm, and finished floor elevations. These elevations shall be documented in tabular form, including sub-basin number and master plan parcel identification on the drainage plans approved by the City. (City Engineer) 11 Date Prepared: January 7,2004 Resolution 20.2004 1 36. 2' 3 4 5 37. 6 7 8 9 10 11 38. 12 13 14 15 16 17 18 39. 19 20 21 22 23 24 25 26 27 28 40. 29 30 31 32 TRAFFIC 33 34 41. 35 36 37 38 . 42. 39 40 41 42 43 44 45 46 Upon PCD approval, the applicant may apply for an excavation and fill permit, which is subject to review and approval by the Growth Management Department. (City Engineer) Within six (6) months of the issuance of the Development Order and before the first residential building permit (excluding models) is issued, the applicant shall enter into a Public Facilities Agreement (PFA) with Palm Beach County for funding of all roadway improvements, in a form acceptable to the County Engineer, for all improvements that are not assured construction. (City Engineer) The applicant shall use best efforts to construct the off-site berms as required by the SFWMD Conceptual Permit for NPBCID's Unit No. 2 on the lands that are owned by the applicant located along Central Boulevard and Military Trail, south of Hood Road and north of 1-95. The berm construction shall be complete within, eight (8) months of the issuance of the building permit to construct by all the applicable government agencies. (City Engineer) Prior to issuance of the first building permit, with the exception of the models and maintenance facility, or within six (6) months of the effective date of the development order, whichever occurs first, the applicant shall install the meandering berm as required by the Environmental Resources Permit issued by the South Florida Water Management District for Northern Palm Beach County Improvement District's Unit of Development No. 2 along the existing, adjacent rights-of-way. The sidewalk associated with the berm construction shall be installed in accordance with the schedule of the completion of the PCD buffers as defined by Condition No. 14 hereinabove. (City Forester and City Engineer) The sales center shall be a temporary facility for such purpose until the last residential building permit is issued by the City, after which the facility shall become an administrative office to be used strictly for internal PCD purposes. (Planning and Zoning) This development order shall expire on December 31, 2005, which is the build- out date specified in the Concurrency Certificate issued for the PCD. (Planning and Zoning) Prior to the issuance of the first Certificate of Occupancy, or as otherwise determined by the City Engineer, the applicant shall construct the following: a. A right-turn ingress lane at the driveway along PGA Boulevard (westbound into the project entrance). b. A right-turn ingress lane at the driveway along Central Boulevard (southbound into the project entrance). 12 Date Prepared: January 7,2004 Resolution 20,2004 c. A left-turn ingress lane at the access driveway along PGA Boulevard (eastbound into the project entrance). 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 48 43 * 44. 45. 46. 47. 48. 49. d. A left-turn ingress lane at the access driveway along Central Boulevard (northbound into the project entrance). (City Engineer) The City shall not issue building permits for more than 11 6 residential units until construction begins for one additional westbound through lane on PGA Boulevard from the Ronald Reagan Turnpike to Central Boulevard, or upon adoption of proper CRALLS designation for this link, in excess of 50,421 ADT. (City Engineer) The City shall not issue building permits for more than 120 residential units (impact beyond 1% of the LOS D capacity at PGA Boulevard, between 1-95 and Military Trial, where traffic 'diversions due to planned Kyoto Gardens Drive Extension were used) until construction begins for the Kyoto Gardens Drive roadway extension. (City Engineer) The City shall not issue building permits for more than 124 residential units, until construction begins for the widening of PGA Boulevard from two (2) lanes to four (4) lanes, between the Ronald Reagan Turnpike and the Avenue of the Champions. This is an assured improvement for which surety has been posted. (City Engineer) The City shall not issue building permits for more than 149 residential units until construction begins for the widening of Hood Road from two (2) lanes to four (4) lanes, between Military Trail and Alternate AIA. (City Engineer) The City shall not issue building permits for more than 188 residential units until construction begins for one (1) additional westbound lane on PGA Boulevard from 1-95 to Military Trail, or upon adoption of proper CRALLS designation for this link, in excess of 58,810 ADT. (City Engineer) The City shall not issue building permits for more than 229 residential units until the adoption of CRALLS designation of 1,800 vph as the critical sum, or construction begins for the following improvements at the intersection of PGA Boulevard/Military Trail: a. Add one (1) additional through lane on both westbound and eastbound approaches, and add one (1) exclusive right-turn lane on the southbound approach. (City Engineer) The City shall not issue building permits for more than 237 .residential units until construction begins for the following improvements at the intersection of PGA Boulevard and the Ronald Reagan Turnpike: a. Reconfigure the southbound approach to provide two (2) exclusive left-turn lanes and one (1) shared through/left-turn lane. 13 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 50. 51. 52. 53. 54. 55. Date Prepared: January 7,2004 Resolution 20,2004 b. Use the existing unused pavement to add one (1) exclusive right-turn lane on the southbound approach. (City Engineer) The City shall not issue building permits for more than 257 residential units until construction begins for the following improvements at the intersection of PGA Boulevard and the Avenue of the Champions: a. Reconfigure the westbound approach to provide one (1) left-turn lane, one (1) through lane, and one (1) shared throughMght-turn lane. b. Provide an additional eastbound through lane. (City Engineer) The additional right-of-way for the 1-95 and Central Boulevard interchange, as shown on the attached plan (Exhibit B), shall be shown on the plat as road right- of-way and dedicated to Palm Beach County. (Planning and Zoning) The developer shatl, prior to the first building permit, convey to Palm Beach County by road right-of-way warranty deed the additional right-of-way for the 1-95 and Central Boulevard interchange, shown on the plat, free of all encumbrances and encroachments. (Planning and Zoning and Engineering) The petitioner shall disclose the future location of the 1-95 and Central Boulevard interchange in the contract purchase documents to potential customers interested in purchasing properties within the Old Palm PCD. Such disclosure language shall be reviewed and approved by the City Attorney prior to the issuance of the first residential building permit. The petitioner shall also post a sign of minimum size of two (2) feet by four (4) feet at the sales center at a location visible to potential homebuyers immediately within the lobby area of the sales center disclosing the potential location of the 1-95 and Central Boulevard interchange. (Planning and Zoning and City Attorney) Prior to recording the master property owner's association documents in the public records and no later than the first residential sale, the petitioner shall provide such documents, which shall include discloser language regarding the location of the 1-95 and Central Boulevard interchange, to the City Attorney for review and approval. (City Attorney) During the period of effectiveness of this development order, the petitioner shall annually provide the City with a status report on all the approved elements of the PCD, including a summary of completed construction and schedule of proposed construction over the remaining life of the development order. (Planning and Zoning) 14 Date Prepared: January 7,2004 Resolution 20,2004 1 CONSTRUCTION 2 3 56. 4 5 6 7 8 9 57. 10 11 12 13 14 15 16 Prior to issuance of any building permits within the PCD, the applicant‘shall revise the master plan to indicate a temporary construction staging area located on the northern portion of Parcel D, adjacent to the proposed temporary construction entrance. At no time shall staging of construction vehicles and/or service vehicles occur within a public right-of-way. (Planning and Zoning) Prior to the issuance of any building permits within the PCD, the applicant shall revise the master ‘plan to indicate an additional temporary construction entrance off Central Boulevard immediately north of PGA Boulevard. Said entrance may be open for six (6) months after the issuance of the first clearing permit within the PCD. The applicant may request one (1) administrative time extension, with the additional time period to be determined by the Growth Management Director. (Planning and Zoning) 17 SECTION 5. Said Planned Community Development shall be constructed in 18 compliance with the following plans on file with the City’s Growth Management Department: 19 20 1. 21 22 23 24 2. 25 26 27 3. 28 29 30 4. 31 32 33 34 5. 35 36 37 38 6. 39 40 41 7. 42 43 44 8. 45 46 47 9. 48 Master Plan. Sheet MP-01, prepared bv Urban Desicrn Studio, last revised on November 21, 2003, and received and stamDed bv the Citv on November 21, 2003. Master Plan, Urban Design Studio, Sheets MP-024 - MP-04, revised on August 21,2002. Buffer Set Sheet Index, Urban Design Studio, Sheets L-00 thru L-02. L-04 thru L- 06, L-08. and L-IO, received on July 15,2002. Buffer Plan/Section. Sheets L-03 and L-07, prepared by Urban Desiqn Studio, last revised on November 21. 2003. and received and stamped bv the Citv on November 21.2003. Buffer ‘HI Plan/Section. Sheet L-09, prepared bv Urban Desiqn Studio. last revised on December 30. 2003. and received and stamDed bv the Citv on December 31,2003. Central Avenue Median Planting, Urban Design Studio, Sheets MPP-01- MPP- 03, revised on March 15,2002. Central Boulevard and 1-95 Conceptual Interchange, PBC Eng. and Public Works, Wantman Group Inc., received on June 21,2002. Main Entrance Site Plan, Wilson Miller & Urban Design Studio, ME-01- ME-04, revised on March 15,2002. PGA Boulevard Gatehouse, WCI Architecture and Land Planning, Sheets 1 of 3 and 2 of 3, dated December 9,2001. 15 Date Prepared: January 7,2004 Resolution 20,2004 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 IO. 11. 12. 13. . 14. 15. 2nd Entrance Site Plan, Wilson Miller & Urban Design Studio, SE-01- SE-04, revised on March 15,2002. Central Boulevard Gatehouse, WCI Architecture and Land Planning, Sheets I of 3 and 2 of 3, dated December 9,2001. Old Palm Golf Club Rest Shelters, Williams Zmistiwski Associates, Cover Sheet revised December 4,2001, and Sheet 1 revised January 24,2002. Preliminary Engineering Master Plan, Gee & Jenson, Sheet 01, dated August 21, 2002, and Sheets 02 - 04, dated October 8,2001: Old Palm PCD Bus Shelter, Urban Design Studio, One Sheet, dated August 15, 2002. Buffer Installation Schedule, Urban Design Studio, One Sheet, dated August 19, 2002. SECTION 6. All future amendments to the Old Palm Golf Club Planned Community Development shall be approved by Resolution. SECTION 7. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 8. This Resolution shall become effective upon adoption. (The remainder of this page left intentionally blank) 16 Date Prepared: January 7,2004 Resolution 20,2004 1 PASSED AND ADOPTED this !qw day of ~WW ,2004. 2 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 48 3 4 5 6 7 8 f BY: 9 CITY OF PALM BEACH GARDENS, FLORIDA - Patricia Snid-6, C@ Clerk . ,.=. -. APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: mristine P. Tatum, City Attorney VOTE: AYE NAY ABSENT J / / --- MAYOR JABLl N VICE MAYOR SABATELLO COUNCILMEMBER CLARK --- --- J --- COUNCILMEMBER RUSSO / COUNCILMEMBER DELGADO --- G:bttomey-shareRESOLUTlONSbld palm master plan-reso 20 2004.d~ 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 RESOLUTION 45,2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR PARCEL A (AIKIA SABAL PALM) LOCATED WITHIN THE OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD), GENERALLY BOUNDED BY PGA BOULEVARD TO THE SOUTH, WESTWOOD GARDENS TO THE NORTH, CENTRAL BOULEVARD AND INTERSTATE 95 TO THE EAST, AND FLORIDA’S TURNPIKE TO THE WEST, ALLOWING FOR TEN (IO) UNBUILT DWELLING UNITS DELETED FROM PARCEL F1 TO BE ADDED TO PARCEL A, MODIFYING THE SITE AND LANDSCAPE PLANS, AND REVISING THE DESIGN GUIDELINES FOR PARCEL A, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, on September 8, 2002, the City Council approved Ordinance 32, 2002, thereby approving the Old Palm Golf Club Planned Community Development (PCD) Master Plan, which generally consists of 333 residential units and a private 19- hole golf course on approximately 651 acres; and WHEREAS, on March 20, 2003, the City Council approved Resolution 49, 2003, approving the development of 23 custom single-family homes on Parcel A; and WHEREAS, on June 5, 2003, the City Council approved Ordinance 14, 2003, thereby approving an amendment to the previously approved Ordinance 32, 2002, to modify two (2) conditions of approval relating to the timing of certain PCD improvements; and WHEREAS, on February 19, 2004, the City Council approved Ordinance 4, 2004, approving an amendment to Ordinance 32, 2002 to allow the following modifications: (1) transfer the Master Plan approval and related conditions of approval to Resolution 20, 2004; (2) modify a condition of approval relating to the number of nonresident golf club memberships permitted within the PCD; (3) modify certain PCD buffers; and (4) modify the location of certain preserve areas on site; and WHEREAS, the City has received a request (Petition No. SPLA-11-04-000023) from the property owner, Old Palm Holdings, LP, for approval of a major site plan amendment for Parcel A to allow for the following modifications: (1) transfer ten (IO) unbuilt dwelling units from Parcel F1 to Parcel A; (2) modify the site and landscape plans; (3) revise the Design Standards for Parcel A; and (4) delete Conditions No. 5 and No. 7 of Resolution 49, 2003; and Page 1 of 6 Resolution 45, 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 WHEREAS, the subject parcel has a zoning designation of Planned Community Development (PCD) Overlay with an underlying zoning of Residential Medium (RM); and WHEREAS, the Planning and Zoning Department has reviewed the application, has determined that as conditioned it is sufficient and consistent with the City’s Land Development Regulations and the City’s Comprehensive Plan, and has recommended approval thereof; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed the application at a public hearing at its July 12, 201 1, meeting and voted 5-0 to recommend approval to the City Council; 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. SECTION 2. The request by Old Palm Holdings LP for approval of a major site plan amendment for Parcel A to allow the following modifications: (1) transfer ten (IO) unbuilt dwelling units from Parcel F1 to Parcel A; (2) modify the site and landscape plans; (3) revise the Design Guidelines for Parcel A; and (4) delete Conditions No. 5 and No. 7 of Resolution 49, 2003, located within the Old Palm PCD, is hereby APPROVED on the following described real property, subject to the conditions of approval provided herein, which are in addition to the general requirements otherwise provided by resolution: LEGAL DESCRIPTION THE PLAT OF THE OLD PALM PCD PARCEL A, LOTS 123-145, AS RECORDED IN PLAT BOOK 100, PAGES 85 THROUGH 94, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA. SECTION 3. The Major Site Plan Amendment to Parcel A is approved subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: Page 2 of 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 Resolution 45, 201 1 Engineering Department 1. 2. 3. 4. 5. 6. 7. Prior to the issuance of the first building permit for the vertical construction, an infrastructure permit will be required for this project. Construction plans, signed and sealed by a professional engineer registered in the State of Florida, shall be submitted for review and approval. (Engineering) The Applicant shall copy to the City all permit applications, permits, certifications, and approvals. (Engineering) Prior to the issuance of the infrastructure permit or the issuance of the first building permit for the vertical construction, whichever occurs first, the Applicant shall provide itemized cost estimates and surety for the project, in accordance with the LDR Sections 78-309 and 78-461. The itemized cost estimates shall include all public elements for the project for the infrastructure, landscaping, and irrigation costs. The cost estimates shall be dated, signed, and sealed by an engineer and landscape architect registered in the State of Florida. Surety will be based on 110% of the total combined City-approved cost estimates and shall be posted with the City. (Engineering ) Prior to the issuance of the Certificate of Completion for the Infrastructure Permit by the Engineering Department or the issuance of the last Certificate of Occupancy, whichever occurs first, the Applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping and light poles to be placed within the utility easements. (Engineering) Prior to the issuance of the Certificate of Completion for the infrastructure permit by the Engineering Department or the issuance of the last Certificate of Occupancy, whichever occurs first, the Applicant shall provide to the City copies of the required FDOT testings for review and approval. (Engineering) Prior to the issuance of the Certificate of Completion for the infrastructure permit by the Engineering Department or the issuance of the last Certificate of Occupancy, whichever occurs first, the Applicant shall provide the Engineering Department with copies of all permits, permit applications, and Requests for Additional Information (RAls) to and from regulatory agencies regarding issues on all permit applications, certifications, and approvals. (Engineering) The Applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements for construction activities, implementation of the approved plans, and inspection and maintenance of controls during construction. (Engineering) Page 3 of 6 Resolution 45, 201 1 1 2 3 4 5 6 7 8 9 10 I1 12 8. The construction, operation, and/or maintenance of any elements of the subject project shall not have any negative impacts on surrounding areas, including, but not limited to, drainage, erosion, sedimentation, and dust. If at any time during the project development it is determined by the City that any of the surrounding areas are experiencing negative drainage or other 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 off-site concerns are resolved. (Engineering) Plannina & Zoning 13 14 9. 15 16 17 18 IO. 19 20 21 22 11. 23 24 25 26 27 28 12. 29 30 31 32 33 Prior to the issuance of the first building permit for vertical construction, the Applicant shall schedule a pre-permit meeting with the Planning & Zoning Department. (Planning & Zoning) Prior to the issuance of the 17'h Building Permit for vertical construction, all common area landscaping and fountains within Parcel A shall be installed. (City Forester) Approved civil design and architectural drawings, including floor plans, shall be submitted prior to the issuance of the first Certificate of Occupancy for Parcel A. Prior to the issuance of the last Certificate of Occupancy, digital files of all architectural drawings, including floor plans, shall be submitted. (GIs Manager, Development Compliance Officer) Prior to the issuance of the infrastructure permit or the issuance of the first building permit for the vertical construction, whichever occurs first, the Applicant shall submit to the Addressing Committee a Residential Addressing Plan for Parcel A so that addresses can be assigned to the new units. (GIs Manager, Development Compliance Officer) 34 35 36 37 39 40 41 42 43 44 45 46 38 SECTION 4. The following conditions contained in Resolution 49, 2003 shall be modified as follows (for purposes of clarity, the below conditions are numbered to correspond to those contained in Resolution 49, 2003): (new language is underlined and language to be deleted is sbxke~) .. 4. Prior to the issuance of the final Certificate of Occupancy for Parcel A, the required street trees shall be field located to avoid conflicts between lights and landscaping, including long-term tree canopy growth. (Planning & Zoning, Police) 8. All development shall comply with the Residential Sinde-Family (Custom) Architectural and Landscape Design Guidelines for the Old Palm Golf Club Parcels A- (Exhibit 3B). (Planning & Zoning) Page 4 of 6 Resolution 45, 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 SECTION 5. All previous waivers and conditions granted with Resolution 49, 2003 and Resolution 20, 2004 shall remain in full force and effect, except as modified in Section 4 of this Resolution. SECTION 6. This amendment to Old Palm PCD Parcel A is hereby approved subject to strict compliance with the Exhibits attached hereto and made a part hereof as follows: Exhibit 1. Parcel A Overall Site Plan, Sheet SP-01 and SP-02, prepared by Urban Design Kilday Studios, last revised July 13, 2011, and received by the City on July 15, 201 1. Exhibit 2. Common Area Landscape Site Layout Plan, Sheets L-I through L-6, prepared by Lang Design Group, last revised on June 20, 201 1 , and Sheet L-7 dated July 12, 201 1. Exhibit 3. Hardscape Plan, Sheets H-2, H-9 and H-10, prepared by Lang Design Group, last revised June 20, 201 1. Exhibit 4. Old Palm Residential Architectural Design Guidelines, prepared by Urban Design Kilday Studios, last revised July 13, 201 1. SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page intentionally left blank) Page 5 of 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 Resolution 45, 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 --~ e Glattorney-share\RESOLUTlONSPOl l\Resolution 45 201 I-site plan amd - sabal palm.docx Page 6 of 6 Resolution 45, 201 1 EXHIBIT 1 4 3 I & Associates, lnc cwmmc wcmms . um~yolls 71 I Noh Dlxlc Highway, Sullc 201 West P~hn Beach. florlda 314UI i & Associates. Inc CO'ISULTING FNCLNrmS . SURVFfOR5 71 1 Nonh Me Hlghwsv. Sullc 201 Ww Palm Bcsch Horlds 73001 w s PARCEL A PLANTATION WAY Old Palm Golf Club Palm Beach Gardens, FL. n 0 m E z 0 M r VI PARCEL A PLANTATION WAY PH w 0 qm Old Palm Golf Club Palm Beach Gardens, FL. =a rm PARCEL A PLANTATION WAY A Old Palm Golf Club Palm Beach Gardens, FL. b / PARCEL A PLANTATION WAY F VI Old Palm Golf Club Palm Beach Gardens, FL. sm 8 Ea pm PARCEL A m PLANTATION WAY Old Palm Golf Club sm Palm Beach Gardens, FL. 1 .. 3 -I Y U -. n 0 - f i I t ! J - i L El B PARCEL A PLANTATION WAY 4 rm Old Palm Golf Club Palm Beach Gardens, FL. PARCEL A tQ PLANTATION WAY Old Palm Golf Club Palm Beach Gardens, FL. 0 0 3m m I II 10' I PARCEL A PLANTATION WAY Old Palm Golf Club Palm Beach Gardens, FL. 6 LC P? cd Y I t t F i r CD z CD M ip PARCEL A PLANTATION WAY Old Palm Golf Club Palm Beach Gardens, FL. rn x I ru 0 as ss2 s2 0 ss U 3. - 1 2. 2 * 3 % J c 2 i3 3 2. E. 3 2. ii; 2. (D U 3 a, 3 M =r! v) 3 (D a, z 3 (D ? Y e. (D 0 e. 3 M - -. 2. E cp. 5 2 5 a v) - v, c 3 Q v) v, c 0 3 a, v) 0 r 0 c m 3. 2. 3 5 E a, J M z 6 cr 8 -. 3 c P (D !2 0 0 J Q 2 (D CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 11,201 1 Petition: SPLA-11-04-000024 Resolution 46,2011 SubjectfAgenda Item: SPLA-11-04-000024 Old Palm Planned Community Development (PCD) Amendment for Parcel C (Majesty Palm) Public Hearing & Consideration of Approval: A request by the property owner, Old Palm Holdings LP, for approval of a major site plan amendment for Parcel C in order to add four (4) of the fourteen (14) dwelling units deleted from Parcel F1 to Parcel C, to reconfigure certain lots, and to amend the design guidelines for Parcel C. The Old Palm Golf Club PCD is generally bounded by PGA Boulevard to the south, Westwood Gardens to the north, Central Boulevard and Interstate 95 to the east, and Florida's Turnpike to the west. [ XI Recommendation to APPROVE with four (4) waivers ] Recommendation to DENY Reviewed by: I Originating Dept.: Director of planning & zonin7/tJ - 1 If n Nat4e"M. Crowley, &p City R. * M x Lo an, Esq. Planning & Zoning: Project Manager a Ri ard . Marre Senior Planner [XI Quasi -Judicial [ ] Legislative I [XI Public Hearing Devflent,Compliance IAdvertised: [XI Required [ ] Not Required Approved By: Date: 07.27.201 1 Paper: Palm Beach Post [ ] Not Required Finance: Acc ntant -iY Sarah Varga Fees Paid: Yes Funding Source: [ ]Operating [XI Other NIA Budget Acct.#: - NIA Council Action: [ ]Approved [ ] App. WI Conditions [ ] Denied [ ] Rec. Approval [ ] Rec. App. wl Conds. [ ] Rec. Denial [ ] Continued to: Attachments: 0 Location Map 0 Development Application 0 Project Narrative 0 Resolution 61, 2003 0 Resolution 20, 2004 0 Resolution 46, 201 1 0 Reduced Plans Meeting Date: August 11, 201 1 Resolution 46, 201 1 Page 2 of 8 SPLA-11-04-000024 The Old Palm Golf Club Planned Community Development (PCD) was approved on September 4, 2002, via the adoption of Ordinance 32, 2002. The Old Palm PCD Master Plan provided for 333 single-family residential units and a private 19-hole golf course on approximately 651 acres. The PCD is bisected by Central Boulevard creating two (2) portions of the PCD. The eastern portion (70.5 acres) was approved for the development of a golf academy, a golf maintenance facility, a practice range, and a three- (3) hole practice course. The portion lying west of Central Boulevard (580.5 acres) was approved for eight (8) residential parcels and one (1) clubhouse parcel (Parcels A, B, C1, C2, D, E, F1, and F2). Each site plan was approved by individual Development Orders. On May 15, 2003, the City Council approved Resolution 61 , 2003, the Development Order for the subject parcel, allowing for the development of 92 custom single-family homes with four (4) waivers on Parcel C (please see attached Resolution). On June 5, 2003, the City Council approved Ordinance 14, 2003, which approved an amendment to the previously approved Ordinance 32, 2002, which modified two (2) conditions of approval relating to the timing of certain PCD improvements. On February 19, 2004, the City Council approved Ordinance 4, 2004, which approved an amendment to Ordinance 32, 2002 to allow for the following modifications: (1) transfer the master plan approval and related conditions of approval to Resolution 20, 2004; (2) modify a condition of approval relating to the number of nonresident golf club memberships permitted within the PCD; (3) modify certain PCD buffers; and (4) modify the location of certain preserve areas on site. LAND USE & ZONING The subject site has a zoning designation of Planned Community Development (PCD) Overlay with an underlying zoning of Residential Low-3 (RL-3) and has a land use designation of Residential Medium (RM). The existing land uses and zoning designations of properties surrounding the site are provided in the following table: Meeting Date: August 11, 201 1 Resolution 46, 201 1 Page 3 of 8 SPLA-11-04-000024 - North Westwood Gardens Planned Unit Development Table 1. Surrounding Zoning & Land Use Designations Residential Medium (RM) Planned Unit Development WD) Planned Communit Residential Medium (RM) Subiect ProPerty Old Palm Golf Club PCD (PUD) - South PGA Concourse Buildings, Residential (Ballenlsles Golf Course Community) West Commercial Neighborhood (CN), Planned Community Commercial (C) / Residential Development (PCD) Overlay Low (RL) Residential Low (RL) Planned Community Development (PCD) Overlay Florida’s Turnpike, Mirasol Planned Community Development f PCD) - Residential Medium (RM) / Residential High (RH) Residential Low-3 (RL-3) Planned Community DeveloDment fPCD) Overlav East Old Palm Golf Maintenance Facility CONCURRENCY Concurrency was reserved through the PCD approval process for 333 units. The relocation of four (4) dwelling units from Parcel F1 to Parcel C will not generate additional concurrency requirements. PROJECT DETAILS The Applicant proposes to relocate four (4) unbuilt dwelling units from Parcel F1 (Clubhouse Parcel) to Parcel C (Majesty Palm). Parcel C is located within the Old Palm PCD and is bordered to the west by the PCD buffer, Seacoast Utility Authority (SUA) easements, Florida’s Turnpike, and Wild Orchid Drive. To the north of the parcel is Preserve Tracts 3 through 6. To the south of Parcel C is Preserve Tracts 1 and 2, lake tracts, and sales center. Parcel C is bordered to the east by lake tracts and golf course links. With the proposed petition, the total number of dwelling units within Parcel C will increase from 92 dwelling units to 96 dwelling units, and the density for Parcel C will increase from 1.28 dwelling units (du)/acre (ac) to 1.34 du/ac. The proposed relocation of four (4) units into Parcel C will be accomplished by splitting four (4) existing lots. The platted lots to be split are Lots 246, 255, 256, and 265, which are located at the end of two (2) cul-de-sac streets that are currently undeveloped. The subject lots have been reduced in size from 175’ x 220’ to 115’ x 175’ and 135’ x 150’. Meeting Date: August 11, 201 1 Resolution 46, 201 1 Page 4 of 8 The subject request also includes modifications to the Design Guidelines, upgrades to the fountains located within the cul-de-sac of Wild Orchid Drive, and revisions of setbacks due to the lot reconfigurations. SPLA-11-04-000024 Site Details and Access There are no proposed modifications to the site access for the parcel. Currently, access to Parcel C is from Wild Orchid Drive, which is accessed via an internal spine road within the PCD. Desiun Guidelines Parcel C was approved as a custom-home pod within the Old Palm PCD. No changes are proposed to the architecture; however, the Architectural Design Guidelines for Parcel C were simplified and condensed to make them easier for the City to enforce. The intent of the guidelines has not changed; however, several sections were removed that were extremely subjective from an enforcement point of view. For example, several sections of the Architectural Design Guidelines used words like “encouraged”, “should >be provided”, and “discouraged”. These words have been deleted and replaced with “shall” and “prohibited”. Also, the Applicant proposes to delete certain sections of the Design Guidelines and defer to the requirements already contained within the City’s Code. Drainaae The Applicant has provided an updated drainage statement based on the revised lot configuration. Stormwater runoff generated from the site is collected within a series of inlets and culverts and is directed into the lake system where water quality treatment is met. Seacoast Utility Authoritv (SUA) Currently, a 50’ x 50’ SUA easement exists in an open space tract between platted Lots 246 and 255. A well is located within the SUA easement. The Applicant and SUA have had ongoing discussions regarding the possible relocation of the well, which has resulted in an agreement to provide an alternative well easement in the future, with the intention that the existing well will be relocated to a new well easement site. The alternative well site will be located within an open space tract on the golf course, directly east of the existing well easement. Prior to the well being removed and relocated, a site plan amendment will be required. Landsca pinq Due to the reconfiguration of the lots and the narrow front lot width, the Applicant is requesting a waiver to the street tree requirements (please see waiver section). The proposed “flag lot” configuration does not allow for many improvements or landscaping to be installed within the narrow front lot line. The individual lot landscape requirements remain unchanged . Meeting Date: August 11, 201 1 Resolution 46, 201 1 Page 5 of 8 SPLA-11-04-000024 RL-3 District Standards URcrades and Fountains Building This application includes a proposed upgrade to the fountains located within Wild Orchid Drive. The fountains are approximately 14’ high and will be lit for nighttime visibility (please see attached plans). ~~~ ~ Front Setback I Building Front Elevation (Cul-de-sac row) Front Setback I (Cul-de-sac row) Garage Opening Setbacks ~~ ~~~~ 25’ 15’* 25’ 20’* > of 7.5’ or The Applicant proposes the following setbacks for Parcel C to accommodate the modified lots. A modification of the approved waivers is being requested to include the new lot sizes. Side Setback (SUA Well Easement) I (Encumbrance Side) Rear Setback and 13.53 > of 7.5’ or 10% of lot 17’*** width IO’ IO’ Rear Setback adjacent to SUA Easement Side Setback I ;E ;;;o;’ I IO’** IO’ 15’ SUA has requested that an additional setback of 5’ be added to the rear setback of the previously approved lots located adjacent to the 25’ SUA easement, which runs along the golf course. The Applicant has agreed to the additional rear setback requirement, and has requested a waiver to the front setback to allow for the non-garage face of the building to be Meeting Date: August 11, 201 1 Resolution 46, 201 1 Page 6 of 8 setback 5’ less from the right-of-way for the four (4) proposed lots. The impacted lots are 2658, 256A, 255B, and 246A. Since SUA has requested an additional rear building setback for these affected lots, a home with a side-facing front elevation or side-loaded garage would not meet the front-building setback requirements. Therefore, the Applicant has requested a waiver to allow for a reduced front-building setback for the affected lots. The proposed waiver request will be for the side of the home or the side of the garage and will require a 20’ setback. SPLA-11-04-000024 25’ front building setback CPTED Comr>liance 20’ 5’ Approval (1) Crime Prevention Through Environmental Design (CPTED) is a branch of situational crime prevention that maintains the basic premise that the physical environment can be designed or managed to produce behavioral effects that will reduce the incident and fear of crime. The Police Department has reviewed the subject petition and has no adverse comments or concerns. All previous Development Order conditions of approval relative to CPTED will remain in full force and effect. 20’ side facing street building setback Waiver Reauests 15’ for Lots 265B, 256A, 5’ Approval (2) 2558,246A only The Applicant is requesting four (4) waivers with this petition. 3.5’ 78-141 , Table IO, Property Dev. 1 Approval (3) Regulations 78-141, Table /:1 10:: Re ulations 10% of the lot width (1 3.5’ for 135’ lots) (11.5FTfor 115’lots) IO’ I Approval (4) I No street tree trees I for 11 lots I 1 street tree per lot 1) The Applicant requests a waiver from City Code Section 78-141. Table 10. to allow for a front building setback of 20’ for the portion of the home with a garage opening facing the front right-of-way. This request is a modification to the previously approved waiver and allows the proposed reconfigured lots to be included. The waiver is consistent with previously approved waivers within Old Palm and other similar residential communities. The reduced front setback allows for a more flexible and creative approach to the design of a single-family custom home, while still providing for an adequate driveway length to accommodate vehicle parking. Staff recommends approval of the waiver request. Meeting Date: August 11, 201 1 Resolution 46, 201 1 Page 7 of 8 The Applicant requests a waiver from City Code Section 78-141. Table IO. to allow for a side-loaded or side-facing elevation to be setback 15’ from the right-of-way on lots 265B, 256A, 255B, and 246A. This waiver request is a result of a request by SUA to increase the rear setbacks of the previously approved lots along the golf course where an existing 25’ SUA easement is located. The other lots along this section can accommodate the additional setback, but the four (4) lots in this request require a waiver. The waiver request will be limited to the side of the home or the side of a garage and will not include front-facing garage openings. Staff recommends approval of the waiver request. SPLA-11-04-000024 3) The Applicant requests a waiver from City Code Section 78-141. Table IO. to allow for a side setback of IO’ for buildings, pools, spas, and screen enclosures for lots 246 NB, 255 NB, 256 NB, and 265 NB. The code requires a 7.5’ setback or 10% of the lot width, whichever is greater. The affected lots range from 135’ wide to 115’ wide, thus, requiring 13.5’ and 11.5’ side setbacks. Because of the reconfiguration and the existing constraints of these eight (8) lots, the sides, fronts, and rears of the lots are not conventionally oriented. Each of the “flag lots” included in this waiver are oriented towards the golf course, which provides them with an increased sense of open space and separation. Should the waiver be approved by City Council, the future homeowners will maintain a suitable buildable area and also meet the required 35% lot coverage, while still providing for a 20’ separation between adjacent structures. This waiver request is consistent with other waiver requests in Old Palm, as well as other similar residential communities. Setbacks to the existing SUA well easement will continue to require a 17’ setback and are exempt from this waiver. Staff recommends approval of the waiver request. 4) The Applicant requests a waiver from City Code Section 78-314, to waive the street tree requirement for the following lots: 246B, 255A, 256B, 265A, 270, 271 , 278, 279, 286, 287, and 294. These lots are all located at the end of cul-de-sacs, and they each have a reduced frontage. The configuration of the “flag-lot” frontage and the conflicts with the driveway and utilities causes placing a street tree on the lot difficult. Per the proposed design guidelines, street trees will be located within the right-of-way of all lots, excluding the 11 lots listed in the waiver request. The proposed street tree planting plan has provided for additional trees around the cul-de-sac, which will compensate for the lots that cannot accommodate them, so there will be no net tree loss. The lots included in this waiver request are a combination of the proposed new lot configurations and the existing lots in Parcel C1, which were previously approved and platted. The additional lots in C1 are being included with this request since they were previously approved. Staff recommends approval of the waiver request. On May 15, 2003, the Development Order for Parcel C was approved by the City Council via the adoption of Resolution 61, 2003. Staff proposes to delete the following conditions from the Development Order, which are housekeeping in nature: Meeting Date: August 11, 201 1 Resolution 46,201 1 Page 8 of 8 5. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall make provisions in the homeowner’s association documents to provide means of access, at least six (6) feet in width, to rear yards through common areas, lake maintenance easements and golf course areas, as applicable, for future construction or reconstruction by an owner, if access is not possible within the owner‘s property. Such access shall be subject to limitations, conditions, restrictions, and requirements, determined by the association and governmental entities having jurisdictions. (Planning & Zoning, City Attorney) SPLA-11-04-000024 [Note: The first Certificate of Occupancy has been issued within the subject parcel; therefore, the condition has been satisfied. Furthermore, the condition of approval is not needed since the homes have more than a 6’ side setback, which would allow access to the rear of the home should it be needed.] 7. At least one (1) on-site parking space per bedroom shall be provided for homes within Parcel C. (Planning & Zoning) [Note: This condition is being deleted since the requirement is contained within the City’s Land Development Regulations (LDRs).] COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRCI On May 19, 201 1, the subject petition was reviewed by the DRC committee. No objections were received. At this time, all comments related to the project have been satisfied. PLANNING, ZONING. AND APPEALS BOARD (PZABI On July 12, 201 1, the Planning, Zoning, and Appeals Board recommended approval of the subject petition to City Council by a vote of 6-0. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 46,201 1 as presented. April 7, 2011 OLD PALM PCD R 42E urban. Parcel A, Parcel C, and Clubhouse 42S/41S design N kilday STUDIOS Major Site Plan Amendments S 2/35 Palm Beach Gardens, Fh CITY OF PALM BEACH GARDENS DEV~EOPMENT APPLICATION Date Submitted: Planning and Zoning Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fa (561) 799-4281 Request: r Planned Community Development (PCD) r Planned Unit Development (PUD) KAmendment to PCD, PUD or Site Plan r Conditional Use r Annexation r Rezoning r Site Plan Review r Concurrency Certificate Apr 7,201 1 r Amendment to the Comprehensive Plan r Administrative Approval r Administrative Appeal r Time Extension r Miscellaneous rother 7 Owner: Old Palm Holdings, LP Applicant (if notowner): Applicant's Address: 11089 Old Palm Drive, PBG, FL TelephoneNo. (561) 493-7220 Agent: Urban Design Kilday Studios Contact Person: Anne Booth E-Mail: abooth@udkstudios.com Agent's Mailing Address: 477 S. Rosemary Avenue, WPB, FL 33401 Agent's TelephoneNumber: (561) 366-1 100 FOR OFFICE USE ONLY Petition Number: Fees Received Application $ Receipt Number: Date & Time Received: Engineering $ 1 NA Architect: Keshevarr & Associates, (561) 689-8600 Urban Design Kilday Studios, (561) 366-1 100 Engineer: Planner: Lang Design Group, 561-688-9996 / Urban Design Kilday Studios, 561-366-1 100 LandscaDe Architect: Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. Northwest Corner of PGA Boulevard and Central Boulevard General Location: Northwest Corner of PGA Boulevard and Central Boulevard Address: 41/42 42 Township: Range: 02/35 Section: Multiple Property Control Numbers affected, please see attached Property Control Number(s): Exhibit A for all PCN's affected Acreage: PCD/RL-3 Current Zoning: RequestedZoni ng: No Change Base Flood Elevation (BFE) - to be indicated on site plan B Flood Zone RM/RH (Residential) Current Comprehensive Plan Land Use Designation: Existing Land Use: Proposed Use(s) i.e. hotel, single family residence,etc.: residential communitv Residential No Change Requested Land Use: Existing Not Applicable Proposed Square Footageby Use: ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): Parcel C2 currently has 92 lots, we propose to relocate 4 additional DU's from Tract F-I to Parcel C2 2 Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations.} 1. ~~~l~i~ the nabre of the request: This request is directly related to a tandem petition to modify the clubhouse parcel to remove the Casita units approved and redistribute four (4) of the dwelling units to Parcel C2. The proposed dwelling units will increase the density of Parcel C to 1.34 du/ac which is still below the density allowed on the Master Plan. The four (4) additional lots will be used to split lots 246, 255, 256 and 265 into 8 lots 2. What will be the impact of the proposed change on the surrounding area? There will be no impact to the surrounding area. The total number of dwelling units in the Old Palm PCD remain the same. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. This is not a request to rezone the property. Compliance with the Vision Plan and the Comprehensive Plan were addressed when the PCD was approved. 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-30 1 Land Development Regulations)? All requirements for preservation of natural resources and native vegetation were addressed with the approval of the PCD. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-26 1 Land Development Regulations)? Not Applicable 6. Has project received concurrency certification? Yes, Concurrency has been previously approved and is on file with the city. Date Received:lJan 1,2001 Legal Descriptionof the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately o.o mile(s) from the intersectionof Central Boulevard & PGA Blvd. , on them northy~eastY~south,~west side of Central Boulevard (streethoad). 4 Exhibit ‘A’ LEGAL DESCRIPTION PARCEL A LOTS 123 THRU 145, CONSECUTIVELY OF OLD PALM PLATTHREE, AS RECORDED IN PLAT BOOK 100 PAGES 85 THRU 94, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH A PORTION OF, TRACT S-3 OF OLD PALM PLAT THREE, AS RECORDED IN PLAT BOOK 100 PAGES 85 THRU 94, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LEGAL DESCRIPTION PARCEL C, LOTS 255,256, AND 265 LOTS 246,255,256, AND 265, CONSECUTIVELY, AND A PORITON OF OPEN SPACE TRACTS 22 AND 25, OF OLD PALM PLAT FOUR, AS RECORDED IN PLAT BOOK 101 PAGES 119-123, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LEGAL DESCRIPTION CLUBHOUSE AND CASITA PARCEL {TRACT F-I) TRACT F-1 OF OLD PALM PLAT FIVE (LESS PARCEL IN OR 23433 P 467, WA RECREATION TRACT, AS RECORDED IN PLAT BOOK 101 PAGES 57 THRU 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH, TRACT F-1 OF OLD PALM PLAT FIVE IN OR 23433 P 467, WA RECREATION TRACT, AS RECORDED IN PLAT BOOK 101 PAGES 57 THRU 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Applicant’s Certification ~~ I/We affirm and certify that I/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our lu ,owledge and belief. Further, I/we understand that this applicati official records of the City of Pal nts, and application filing fees become a part of the ens, Florida, and are not 1 eturnable. - Applicant is: Sibfiatureof Applicant r Owner r Optionee r Lessee Anne Booth Print Name of Applicant 477 S. Rosemary Avenue - Street Address West Palm Beach, Florida 33401 Agent City, State, Zip Code (561) 366-1 100 Tele p honeN u m be r r Contract Purchaser (561) 366-1 11 1 Fax Number abooth@udkstudios.com E-Mail Address 6 STATEMENT OF OWNERSHIP AND DESIGNATION OF AUTHORIZED AGENT Before me, the undersigned authority, personally appeared RICHARD SCHAUPP, who being sworn on oath, deposes and says: 1. That, he is the AUTHORIZED SIGNATORY of Clarion Partners, LLC, a New Yotk limited liability company, as its Manager of Clarion Development 111, LLC, a Delaware limited liability company, as Sole General Partner of Clarion Development Ventures, 111, L.P., a Delaware limited partnership, as Sole Member of CDVlll Old Palm, LLC, a Delaware limited liability company as Managing General Partner of OLD PALM HOLDINGS, L.P., a Delaware Limited Partnership, which is the owner of certain properties within the Old Palm Planned Community Development, as described in the attached legal description: (See attached Exhibit A) 2. That he is authorized to act on behalf of OLD PALM HOLDINGS, L.P., with regard to this application, and; 3.. That, OLD PALM HOLDINGS, L.P., is requesting Major Site Plan Amendments for Parcel A, Parcel C, and the Clubhouse site and Plat approvals for Parcels A and C, within the Old Palm community and as more specifically described in the attached Exhibit A, and; 4. That, OLD PALM HOLDINGS, L.P., has appointed ANNE BOOTH and URBAN DESIGN KILDAY STUDIOS to act as Agent on it=s behalf to accomplish the above, and; 5. That, OLD PALM HOLDINGS, L.P., and/or its successors or assigns, commits to proceed with the proposed development in accordance with the Ordinances and Resolutions of approval and such conditions and safeguards as may be set by the City Council in such Ordinance, and; 6. That OLD PALM HOLDINGS, L.P., or its successors or assigns, commits to complete the development according to the plans approved by such Ordinance, and to continue operating and maintaining such area, functions, and facilities as are not to be provided, operated or maintained by the City of Palm Beach Gardens pursuant to written agreement, and; 7. That, OLD PALM HOLDINGS, L.P., commits to bind any successors in title to any commitments made in the approval. OLD PALM HOLDINGS, L.P., a Delaware Limited Partnership BY: CDVlll Old Palm, LLC, a Delaware limited liability company its Managing General Partner By: CLARION DEVELOPMENT VENTURES 111, L.P., a Delaware limited partnership, Its Sole Member By: CLARION DEVELOPMENT 111, LLC, a Delaware limited liability company, Its Sole General Partner By: CLARION PARTNERS, LLC, a New York limited liability company, Its Manager 1 BY: Richard Sc u p, as Authorized Signatory w STATE OF \J,dk COUNTYOF &,MC known to me and who executed the foregoing instrument as an Authorized Signatory of CLARION PARTNERS, LLC, a New York limited liability company, as Manager of CLARION DEVELOPMENT 111, LLC, a Delaware limited liability company, as Sole General Partner of CLARION DEVELOPMENT VENTURES ill, L.P., a Delaware limited partnership, as Sole Member of CDVlll Old Palm, LLC, a Delaware limited liability company, as Managing General Partner of OLD PALM HOLDINGS, L.P., a Delaware Limited Partnership, and severally acknowledged to and before me that he executed said instrument as such authorized signatory on behalf of OLD PALM HOLDINGS, L.P., a Delaware Limited Partnership, and that said instrument is the free act and deed of OLD PALM HOLDINGS, L.P., a Delaware Limited Partnership. Before me personally appeared Richard Schaupp who is personally &I 6 Witness my hand and official seal this I4 day of y ,201 1 Notary Seal: Commission No.: Exhibit ‘A’ LEGAL DESCRIPTION PARCEL A LOTS 123 THRU 145, OF OLD PALM PLATTHREE, AS RECORDED IN PLAT BOOK 100 PAGES 85 THRU 94, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH A PORTION OF, TRACT S-3 OF OLD PALM PLAT THREE, AS RECORDED IN PLAT BOOK 100 PAGES 85 THRU 94, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LEGAL DESCRIPTION PARCEL C, LOTS 255,256, AND 265 LOTS 246,255,256, AND 265, AND A PORTION OF OPEN SPACE TRACTS 22 AND 25, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. OF OLD PALM PLAT FOUR, AS RECORDED IN PLAT BOOK 101 PAGES 119-123, LEGAL DESCRIPTION CLUBHOUSE AND CASITA PARCEL /TRACT F-I) TRACT F-I OF OLD PALM PLAT FIVE (LESS PARCEL IN OR 23433 P 467, WA RECREATION TRACT, AS RECORDED IN PLAT BOOK 101 PAGES 57 THRU 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH, TRACT F-I OF OLD PALM PLAT FIVE IN OR 23433 P 467, WA RECREATION TRACT, AS RECORDED IN PLAT BOOK 101 PAGES 57 THRU 67, PUBLIC REC0RD.S OF PALM BEACH COUNTY, FLORIDA. i Palm Beach Gardens Growth Management Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 561-799-4230 Permit # Financial Responsibilitv Form The owner Understands that all City-incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, andlor any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The ownerldesignee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Growth Management Department if the name andlor address of the responsible party changes at anytime ation review process. Richard Schau , Authorized Si. nato Owner printed name DESlGNEElBlLL TO: Old Palm Holdinas. LP 11089 Old Palm Drive 4 Palm Beach Gardens. FL 33418 - Lh I bate Multiple PCN’s (see attached Listing) Property Control Number a&. iignee eptance Signature Richard Scwpp NOTARY ACKNOWLEDGEMENT STATE OF COUNTYOF (&& before me this &%lay of He or she is personally known dent ifica t ion. LYNN MARIE AMUNOVICH wry Publlc, Stale of New YCf+. No OlAN6186543 Term Expires May 5.2017 CITY OF f Qualified in ~ueens mty PALM BCH GD,,,i, Printed name at-large My Commission expires: \~,Z~EIINQ e*’‘ * -...- =/ State of PALM BEACH COUNTY PROPERTY CONTROL NUMBERS OLD PALM - PARCEL A 52-42-41 -35-06-000-1 230 thru 52-42-41-35-06-000-1450 OLD PALM - PARCEL C 52-42-41 -35-09-000-2460, 52-42-4 1 -35-09-000-2550, 52-42-41 -35-09-000-2650 52-42-41 -35-09-000-2560, and OLD PALM - PARCEL CLUBHOUSE / CASITA 52-4241 -35-07-006-001 0, and 52-42-41 -35-07-006-0020 PROJECT NARRATIVE OLD PALM GOLF CLUB PCD urban design ki I dau s T u D I o s4 MAJOR SITE PLAN AMENDMENT PARCEL C Amended June 20,201 I Urban Planning and Design Landscape Architecture April 7, 2011 Communication Graphics Histow, Location, Land Use On September 19, 2000 the Old Palm PCD was approved by the City Council through the adoption of Ordinance 32, 2002 to allow 333 dwelling units, a private 19-hole golf course, clubhouse, maintenance facilities, golf services area and three practice holes. On September 1, 2010, Old Palm Holdings, LP (Applicant) acquired the undeveloped lots in Parcel C from WCI Communities, LLC (WCI), the original master developer of the Old Palm PCD. Through an agreement with the Old Palm Advisory Committee, an ad-hoc group of Old Palm residents, Old Palm Holdings agreed to modify the Clubhouse parcel to remove and relocate the un-built Casita units. This application is being submitted simultaneously with Site Plan applications to modify Parcel F1 and Parcel A. The applicant will also be submitting an amended plat for simultaneous review and approval for Parcel C. Parcel C was originally approved on May 15, 2003 via Resolution 61, 2003 for 92 custom single-family homes on approximately 74.02 acres. Parcel C has had a number of subsequent administrative amendments to address locations of sales models, setback reductions for fences, and easement adjustments. Parcel C is zoned “Planned Community District” (PCD) Overlay with underlying zoning of Residential Low-3 (RL-3), with a Future Land Use Plan designation of Residential Medium (RM) and Residential High (RH) and a Master Plan designation of residential low. Parcel C, is internal to the Old Palm PCD and is bordered on the west by the PCD buffer, SUA easements, the Ronald Regan Turnpike, and Wild Orchid Drive. To the north of the parcel are the Preserve Tracts 3 thru 6, and the location of one of Seacoast Utility Authority’s pumping stations. To the east of the parcel are lake tracts and the golf course links. To the south (southeast) are the Preserve Tracts 1 and 2, lake tracts, and the Sales Center, Old Palm Drive and main community entrance, and Parcel D. cmoi-: ,/ ~ALM WH GDNs a aeA”ts& 561.366.1100 561.366.1111 fax 477 S. Rosemary Avenue Suite 225 - The Lofts at CityPlace West Palm Beach, FL 33401 www.udkstudios.com Lccoooo35 : IUM22 ZmI Old Palm Parcel C Major Site Plan Amendment Project Narrative April 7, 2011 Amended June 20, 201 1 Page 2 Request This request is for a Major Site Plan amendment to allow 4 residential units to be relocated from Parcel F1 (Clubhouse/Casita’s) and incorporated into Parcel C2 though the split and reconfiguration of 4 existing lots. The currently platted lots 246, 255, 256 and 265, are located at the end of two cul-de-sac streets that are currently undeveloped. The reconfiguration of the lots will be consistent with the configuration of the lots in Parcel C1. The Seacoast Utility Authority (SUA) well easement located between lots 246 and 255 have remained as open space, however, ongoing discussions with SUA staff regarding the possible relocation of the well have resulted in an agreement to provide an alternative well easement with the intention that, subject to SFWMD approval, the well will be relocated to the new well easement site. The old well easement will then be available for limited use by the adjacent homeowners for non-permanent improvements. The subject lots have been reduced in size from 175’ width x 220’ depth to 115’ width x 175’ depth and 135’ width x 150’ depth. The setbacks for these lots have been noted and will require modifications to the previously approved waivers. Included in this application is a request to amend the Custom Single Family Design Guidelines to streamline and simplify the language of the guidelines to make it easier for the City staff to interpret and enforce. The amended Guidelines will cover construction of homes in all of the Single Family Custom Home parcels (A, B, C, and E). Also included in this application is a request to modify the approved conditions of approval to remove or modify conditions which are no longer applicable, or are addressed by the Land Development Regulations. Special consideration has been given to the lot layout to maintain as many of the existing utility connections and lines as possible. Conceptual engineering plans and an amended plat have been submitted to the City, SUA and the Northern Palm Beach County Improvement District for review and approval ‘of the proposed connection modifications. C:\Documents and Settings\abooth\Desktop\Briefcase\Jobs\Old Palm\Parcel C\Project Narrative Parcel C 06201 1 .docx Old Palm Parcel C Major Site Plan Amendment Project Narrative 25’ April 7, 201 1 Amended June 20, 201 1 Page 3 15’* 25’ 25’ 15’* Landscapinq and Amenities 25’ This application includes a proposed upgrade to the fountains in the cul-de-sacs of the two affected streets. The street tree planting plan has been amended to accommodate additional trees on the adjacent lots to accommodate the trees from the lots with narrow frontages. A waiver has been requested to waive the street tree requirements for the affected lots as well as the existing lots that have the same configuration. Individual lot landscape requirements remain the same as previously approved. 20* 25’ 25’ 15’* Setbacks > of 7.5’ or 10% of lot width The applicant is proposing the following setbacks for Parcel C to accommodate the modified lots. A modification of the approved waivers is being requested to include the 1 o** 1 O’** 1 O’** 0’ new lot sizes. I > of 7.5’ or 10% of lot width Front Setback I Building Front E leva t ion : (Cul-de-sac row) Front Setback / Garage Opening: (Cul-de-sac row) 17’*** 17’*** Side Setback IO’ Side Setback (SUA Well easement) I (Encumbrance Side) 15’ 15’ 15’ 0’ I Rear Setback Rear Setback adjacent to SUA Easement RL-3 District I Building I PooVSpa I DecWScreen I FenceNVall 17’*** 7.5’*** I IO’ 10’ I lo’ I IO’ I O’ * Waiver previously approved, request to amend to include new lots. **Waiver request with this application to allow reduction in side setback. *** A minimum 17’ setback will be maintained between all Seacoast lines and the buildings, pools, screens, and walls. Fences and walls may only be placed in drainage and utilities easements with the written consent of the agency having jurisdiction over said easement. C:\Documents and Settings\abooth\Desktop\Briefcase\Jobs\Old Palm\Parcel C\Project Narrative Parcel C 06201 1 .docx Old Palm Parcel C Major Site Plan Amendment Project Narrative April 7, 2011 Amended June 20, 207 7 Page 4 The Seacoast Utility Authority has requested that an additional setback of 5’ be added to the rear setback of the homes located adjacent to the 25’ SUA easement which runs along the golf course. The applicant has agreed to the additional setback, with the understanding that they will need to secure approval from the City Council for an offsetting waiver to allow the non-garage face of the building to be setback 5’ less from the right-of-way for four of the proposed lots. The impacted lots are numbers 265B, 256A, 255B and 246A. These lots will have a reduced lot depth which will restrict their ability to place a home on the lot. The proposed waiver request will be for the side of the home, or the side of the garage, not the face of the garage, which will be required to set back 20’. Concurrency This site plan modification is being requested simultaneously with an amendment to the Clubhouse/Casita parcel (FI) to relocate approved dwelling units from one parcel to another within the boundaries of the Old Palm PCD. The applicant is not requesting an increase in the number of approved dwelling units for the community. The Old Palm PCD has been previously approved and received concurrency for 333 single family dwelling units. To date, 302 lots and 18 Casitas have been approved. This request does not increase the number of approved units allowed. Densitv The addition of 4 lots to Parcel C increases the density of the parcel from 1.28 du’s/ac to 1.34 du’s/ac. This increase is still within the Low density designation on the Master Plan which allows up to 5 du’s/ac. Architecture The proposed units will continue to be Single Family Custom Homes. Included in this application are amended Design Guidelines which have been streamlined and simplified for enforcement and applicability with code. Access There are no proposed access modifications as a result of this request. Access to Parcel C is from Wild Orchid Drive, which is accessed from the internal spine road, Old Palm Drive. The spine road connects to PGA Boulevard and Central Boulevard C:\Documents and Settings\abooth\Desktop\Briefcase\Jobs\Old Palm\Parcel C\Project Narrative Parcel C 06201 1 .docx Old Palm Parcel C Major Site Plan Amendment Project Narrative April 7, 2011 Amended June 20, 201 1 Page 5 Waivers With this application, the applicant is requesting three new waivers and a modification of a previously approved waiver. Waivers or deviations from the standard Land Development Regulations have been incorporated into the site plan approval process in a way that takes into consideration and encourages ingenuity, flexibility and imagination in the design of development parcels within a Planned Community District. In turn for the consolidation of open space within a PCD, the code creates the tools for flexibility in the application of setbacks and other standard Land Development Regulations through the waiver process. In that the Planned Community District regulations were created with this concept in mind, specific land development regulations were not included in the PCD- Planned Community District regulations at its inception. The proposed development plans for Parcel C are consistent with other previously approved single family parcels within PCD’s throughout the City as well as the intent of the Planned Development District regulations. The Code requires 20% of the PCD to be preserved as Community Serving Open Space. The Old Palm PCD provides for over 45% of the PCD in Community Serving Open Space. The gross density of Old Palm is .51 du’s/ac. In comparison, Mirasol has a gross density of .93 du’s/ac with 66% open space, PGA National, has 46% open space with a gross density of 2.24 du’s/ac and Ballenlsles has 52% open space with a gross density of 1.8 du’s/ac. All lots within this application abut golf course open space. Golf frontage provides for a feeling of open space around the units as well as access to both ends of the lot. In accordance with the PCD sections of the code, at the discretion of the Council, adjacent open space can be credited towards the open space requirements of the parcel. However, we technically meet all open space requirements within the parcel without the benefit of the adjacent open space areas. The PCD has been designed to provide these community serving open space areas as an amenity and a benefit for both the adjacent home owner and the public. In that a Planned Community District does not have specific land development regulations, we have been asked to select an appropriate “underlying” zoning district for the purposes of comparing the proposed development plan with standard zoning district land development regulations. The purpose of the comparison is to identify any deviations that may be proposed from the standard land development regulations. We have selected the RL-3 Residential Low Density District as the most appropriate zoning district for comparison purposes. We believe that the design of this project is consistent with previously approved projects in the City, is consistent with the intent and purpose of the Planned Community District C:\Documents and Settings\abooth\Desktop\Briefcase\Jobs\Old Palm\Parcel C\Project Narrative Parcel C 06201 1 .docx Old Palm Parcel C Major Site Plan Amendment Project Narrative April 7, 201 1 Amended June 20, 201 1 Page 6 regulations, and is consistent with comparable development standards within other communities. For these reasons we feel the requested waivers should be approved and respectfully request your support. The applicant would like to request a Waiver from Section 78-141, Table IO, of the City Code allowing for a Front setback of 20’ for that portion of a home with a garage opening facing the front right-of-way. This request is a modification of the previously approved waiver and allows the newly configured lots to be included. The waiver is consistent with previously approved waivers within Old Palm and other similar residential communities. The reduced front setback allows for a more flexible and creative approach to the design of a single family custom home. Because the Old Palm PCD was designed to incorporate significant amenities into each parcel, the consolidated community serving open space allows for creativity in designing the homes and placement on the lots. The applicant would like to request a Waiver from Section 78-141, Table IO, of the City Code allowing for a side loaded or side facing elevation to be setback 15’ from the right-of-way on lots 265B, 256A, 2558, and 246A. This waiver request is a result of a request by the Seacoast Utility Authority to increase the rear setbacks of the lots along the golf course where an existing 25’ SUA easement is located. The other lots along this section can accommodate the additional setback, but the 4 lots in this request are impacted by the request. The waiver request will be limited to the side of the home, or the side of a garage, and will not include front facing garage openings. The applicant would like to request a Waiver from Section 78-141, Table IO, to allow a side setback of IO’ for buildings, pools, spas and screen enclosures for lots 246 NB, 255 NB, 256 NB, and 265 NB. The code requires a 7.5 foot setback or 10% of the lot width, whichever is greater. Because of the unusual configuration and the existing constraints of these 8 lots, the sides, fronts and rears of the lots are not conventionally oriented. Each of the lots included in this waiver has a golf course orientation which provides them with a sense of open space and separation. With the approval of the requested waiver, the homeowners will have a reasonable buildable area, and still provide for a 20’ separation between structures. This waiver request is consistent with other waiver requests in Old Palm as well as other similar residential communities. Setbacks to the existing SUA well easement will continue to require a 17’ setback and are exempt from this waiver 0 The applicant would like to request a Waiver from Section 78-314, to waive the street tree requirement for the following lots; 246B, 255A, 256B, 265A, 270, 271, 278, 279, 286, 287and 294. These lots are all located at the end of the cul-de-sac and they each have a reduced frontage. The configuration of the lot frontage and the conflicts inherent with the driveway and the utilities makes placing a street tree on the lot difficult. C:\Documents and Settings\abooth\Desktop\Briefcase\Jobs\Old Palm\Parcel C\Project Narrative Parcel C 06201 1 .docx Old Palm Parcel C Major Site Plan Amendment Project Narrative April 7, 201 1 Amended June 20, 207 7 Page 7 The proposed street tree planting plan has provided for additional trees around the cul- de-sac which will compensate for the lots that can’t accommodate them so there will not be a net loss of trees provided. The lots included in this request are a combination of the proposed new lot configurations and the existing lots in Parcel C1 which were previously approved and platted, however, they are being included in this request as a housekeeping measure. C:\Documents and Settings\abooth\Desktop\BriefcaseWobs\Old Palm\Parcel C\Project Narrative Parcel C 06201 1 .do- Date Prepared: April 23.2003 RESOLUTION 61,2003 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 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A SITE PLAN TO ALLOW FOR THE WITHIN PARCEL ‘C’ OF THE OLD PALM GOLF CLUB PLANNED COMMUNITY DISTRICT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. DEVELOPMENT OF 92 CUSTOM SINGLE-FAMILY HOMES WHEREAS, the City of Palm Beach Gardens received an application (SP-02-02C) from WCI Communities, Inc., for approval of a site plan to provide for the development of 92 custom single-family homes within Parcel’C of the Old Palm Golf Club PCD, as more particularly described herein; and WHEREAS, the 72.04-acre site, to be known as “Old Palm Golf Club Parcel C,” is currently zoned “Planned Community District” (PCD) Overlay with underlying zoning of Residential Low -3 (RL-3), a future land-use designation of Residential Medium (RM) and a Master Plan designation of Residential Low; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and that it is consistent with the City’s Comprehensive Plan, the City’s Land Development Regulations, and the Old Palm Golf Club Master Plan (Ordinance 32,2002); and WHEREAS, on February 25, 2003, the Planning and Zoning Commission recommended approval of this petition; and WHEREAS, the City Council of the City of Palm Beach Gardens has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1: The foregoing recitals are hereby affirmed and ratified. SECTION 2: The City Council of the City of Palm Beach Gardens, Florida hereby approves the “Old Palm Golf Club Parcel C” site plan, as more particularly described in Exhibit “A attached hereto and incorporated herein, to provide for the development of 92 custom single-family homes located within the Old Palm Golf Club PCD. Date Prepared: April 23,2003 Resolution 61,2003 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 SECTION 3: Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 4: Said approval shall be subject to the following conditions, which shall be binding on the applicant, its successors and/or assigns: 1. The applicant shall comply with all applicable conditions listed in the Old Palm Golf Club PCD Development Order, Ordinance 32, 2002. (Planning and Zoning) 2. Prior to the issuance of the first Certificate of Occupancy, the petitioner shall provide all homeowners association documents language for review and approval by the City Attorney and City Forester, including language designed to protect a designated shade tree on each lot for a formal street tree community program. (Planning and Zoning) 3. The applicant, successor, or assigns shall consider the following Crime Prevention Through Environmental Design (CPTED) guidelines: If the front entry door is a solid door and has a side panel window, the side window should be located on the opposite side of the door handle and door lock. (Planning and Zoning, Police Department) All sides of the house, including porch areas, are to be equipped with electrical outlets to help facilitate motion sensor security lighting. (Planning and Zoning, Police Department) Entry doors that swing inward are to be equipped with metal frames or other protective measures to "target harden" the doorway and discourage forced entry (Double doors, glass doors, or specialty doors are exempt from this provision). (Planning and Zoning, Police Department) Out-swinging exterior doors are to be equipped with security hinges. (Planning and Zoning, Police) Alarm panels are to be kept out of view from windows. (Planning and Zoning, Police Department) 4. Prior to the issuance of the Certificate of Occupancy for each home within Parcel C, the required street trees shall be field located to avoid conflicts between lights and landscaping, including long term tree canopy growth. (Planning and Zoning, Police) 5. Prior to the issuance of the first Certificate of Occupancy, the applicant shall make provisions in the homeowners association documents to provide means of access, at least six (6) feet in width, to rear yards through common areas, lake maintenance easements and golf course areas, as applicable, for future construction or reconstruction by an owner, if access is not possible within the owner's property. Such access shall be subject to limitations, conditions, restrictions and requirements, determined by the association and governmental entities having jurisdiction. (Planning and Zoning, City Attorney) 2 Date Prepared: April 23.2003 Resolution 61,2003 1 2 6. 3 4 5 7. 6 7 8 8. 9 10 11 12 9. 13 14 15 16 17 18 19 20 21 22 IO. 23 24 25 11. 26 27 28 29 30 31 32 33 34 35 12. 36 37 38 13. 39 40 41 14. 42 43 44 15. 45 There shall be no adverse impacts to the adjacent preserve by the development of Parcel C. (Planning and Zoning, City Forester) At least one (1) on-site parking space per bedroom shall be provided for homes within Parcel C. (Planning and Zoning) All development on Parcel C shall comply with the Residential (Custom) Architectural and Landscape Design Guidelines for the Old Palm Golf Club Parcel C (Exhibit “B”). (Planning and Zoning) The maximum height of fences and walls which are located forward of the established front building lines shall be no greater than five (5) feet. Decorative features, including but not limited to, archways, lighting and pillars may exceed this height requirement but shall be no greater than nine (9) feet in height. Archways and similar structures which extend over the vehicular ingress/egress to the property shall maintain a minimum vertical height clearance of 13 feet, six (6) inches to allow access for firehescue apparatus (Florida Fire Prevention Code). The ultimate archway or similar structure shall be no greater than 16 feet in height. (Planning and Zoning) Fences and walls shall be located a minimum of 15 feet from the front property line. (Planning and Zoning) Gates shall be permitted in the fence/wall within the front setback subject to the following conditions: (a) (b) (c) (d) A minimum 12-foot-wide vehicle access is required. A knox key switch is required on each vehicle gate. The gates shall swing away from the street or roll away from the vehicle entrance. A call box shall be provided for guest entry at each vehicle access. (Planning and Zoning) No Certificate of Occupancy shall be issued within Parcel C until the plat for Parcel C is recorded. (Planning and Zoning) The Showcase Homes shall not be opened to the public until the plat for Parcel C is recorded. (Planning and Zoning) Prior to the issuance of the first Certificate of Occupancy for any home adjacent to a water feature, said water feature shall be completed. (Planning and Zoning) Prior to the issuance of the first building permit, the applicant shall provide details of the pedestrian crosswalk and handicap ramps meeting FDOT and ADA standards 3 Date Prepared: April 23,2003 Resolution 61,2003 1 2 3 16. 4 5 6 17. 7 8 9 10 11 12 13 14 15 16 17 18 18. 19 20 21 22 19. 23 24 25 20. 26 27 28 for City review and approval. (City Engineer) Showcase Homes, which are to receive dry permits prior to plat recordation, shall be limited to Lots 207,208,210,21 I, and 212. (Planning and Zoning) Prior to the issuance of the first building permit, the applicant shall incorporate into the construction plans the following information for City review and approval: (a) (b) (c) (d) The applicant shall provide handicap ramps that comply with current ADA and FDOT standards. The applicant shall identify in plan view the curb ramp number from FDOT Index 304 of each proposed curb ramp (i.e. CR#). The applicant shall provide a detail of each proposed curb ramp from FDOT Index #304. Should a non-standard ramp be required, a detail meeting current ADA and FDOT standards shall be provided for review. (City Engineer) Prior to construction plan and plat approval, the drainage easement at the northwest corner of lot 277 shall be shown on the construction plans and plat to the satisfaction of the City Engineer. (City Engineer) Prior to the issuance of the first building permit, the applicant shall provide for City review and approval typical lot drainage pattern details for all lots. (City Engineer) All streets within Parcel C, with the exception of the spine road, shall be surfaced with concrete pavers. (Planning and Zoning) SECTION 5: The site shall be constructed in accordance with the following 30 31 1. 32 33 2. 34 35 3. 36 37 4. 38 39 40 5. 41 42 6. 43 44 45 7. 29 development plans on file with the City’s Growth Management Department: Sheet SP-02: Overall Site Plan, prepared by Urban Design Studio, last revised on May 13,2003, and received and stamped by the City on May 15,2003. Sheet SP-03: Site Plan, prepared by Urban Design Studio, last revised on March 31, 2003, and received and stamped by the City on April 1,2003. Sheet SP-04: Street Tree Plan, prepared by Urban Design Studio, last revised on March 31,2003, and received and stamped by the City on April 1,2003. Sheet SPi05: Typical Square Cul-de-sac Planting Plan, prepared by Urban Design Studio, last revised on March 31, 2003, and received and stamped by the City on April 1, 2003. Sheet SP-06: Typical Water Feature Details, prepared by Urban Design Studio, last revised on March 31,2003, and received and stamped by the City on April 1,2003. Sheet SP-07: Typical Water Feature Planting Plan, prepared by Urban Design Studio, last revised on March 31 , 2003, and received and stamped by the City on April 1, 2003. Sheet SP-10: Planting Details and Specifications, prepared by Urban Design Studio, 4 Date Prepared: April 23.2003 Resolution 61,2003 1 2 3 4 5 6 7 8 9 10 I1 last revised on March 31 , 2003, and received and stamped by the City on April I , 2003. Sheet SP-1 I: Wall Amenity Elements Details, prepared by Urban Design Studio, last revised on March 31, 2003, and received and stamped by the City on April 1, 2003. 9. Sheet Nos. 1-3: Conceptual Engineering Plans, prepared by Keshavarz & Associates, Inc., last revised on March 25,2003, and received and stamped by the City on April 1, 2003. SECTION 6: The Showcase Homes shall be constructed in accordance with the 8. following plans on file with the City’s Growth Management Department: 12 13 1. 14 15 16 2. 17 18 3. 19 20 21 4. 22 23 24 5. 25 26 27 28 29 30 1. 31 32 33 34 35 2. 36 37 38 3. 39 40 41 4. 42 43 44 45 Sheets T-I and A-2 thru A-8, Palermo Model, prepared by Randall Stofft Architects, last revised on March 27, 2003, and received and stamped by the City on April I, 2003. Sheets T-I and A-2 thru A-6, Castillo Model, prepared by Randall Stofft Architects, last revised on July 1,2002, and received and stamped by the City on April 1 , 2003. Sheets T-I and A-2 thru A-6, Bellari Model, prepared by Randall Stofft Architects, last revised on August 26,2002, and received and stamped by the City on April 1, 2003. Sheets T-I and A-2 thru A-8, Beaumere Model, prepared by Randall Stofft Architects, last revised on June 27,2003, and received and stamped by the City on April 1, 2003. Sheets T-1 and A-2 thru A-8, Montsorrel Model, prepared by Randall Stofft Architects, last revised on January 23,2003, and received and stamped by the City on April 1, 2003. SECTION 7: The following waivers are hereby granted with this approval: Section 78-141 : Front Setback (1 25-foot-wide lots adjacent to cul-de-sacs) - to allow for a 20-foot front setback for buildings within the 125-foot-wide lots, which are adjacent to the cul-de-sacs. This waiver shall apply only to Lots 204,207,212,215, 218, 221, 225, 228, 234, 237, 244, 247, 254, 257, 264, 266, 267, 268, 272, 274, 275,276,280,282,283,284,288,290,291, and 292. Section 78-186(a)(8): Fences and Walls - to waive the prohibition of fences and walls forward of the established or existing front building lines, thus allowing fences and walls to be placed a minimum of 15 feet from the front property line. Section 78-441(c): Dry Permits Prior to Plat Approval - to allow the issuance of building permits for the Showcase Homes prior to the plat for Parcel C being recorded. The waiver shall apply only to Lots 207, 208, 210, 21 1 and 212. Section 78-141 : Rear Setback for Decks and Screen Enclosures - to allow for a five (5) foot rear setback for decks and screen enclosures for those lots abutting open space. This waiver shall apply only to Lots 203, 204, 207-212, 215-218, 221-225, 228-234.237-244, 247-254, 257-264, 266-294. 5 Date Prepared: April 23.2003 Resolution 61,2003 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 SECTION 8: This Resolution shall be effective upon adoption. PASSED AND ADOPTED this /p day of &$ ,2003. RDENS, FLORIDA ,.,.,,\..-\. .' ' - -.. - .-a . ..' I. .. , e-*- .- <,,.\~ .' . . -. APPROVED AS TO FORM AND LEGAL SUFFICIENCY . -. ,\ I ' APPROVED AS TO FORM AND LEGAL SUFFICIENCY RDENS, FLORIDA BY: Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR JABLIN 4 --- d VICE MAYOR SABATELLO --- COUNCILMEMBER CLARK --- COUNCILMEMBER RUSSO --- COUNCILMEMBER DELGADO --- d 4 d 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 Date Prepared: April 23,2003 Resolution 61,2003 EXHIBIT “A” (see next page attached) 7 SdETCH & DESCRIPI ION Dennis J. Leavy & Associates, Inc. Land Survsym Mappers 460 Business Park Way * Suite D Royal Palm Beach, Florida 3341 1 phone 561 753-0650 fox 561 753-0290 SURVEY NOTES: SKETCH & DESCRIPTION For: Parcel "C1" DAE 12/10/201 JON PARCEL "ci" SHm 1 OF 9 DRAWNDJL/RRM N,A F.B./PG. N/A 1. BEARINGS HEREON ARE RELATIVE TO THE WEST LINE OF THE SOUTH ONE-HALF (S 1/2) OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, AS CALCULATED FROM THE PALM BEACH COUNTY SURVEY DEPARMENT'S GRID COORDINATES FOR SAID LINE. SAID LINE BEING MONUMENTED AND HAVING A BEARING OF NORTH 00'57'25" E AS T. 2. THIS INSTRUMENT NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3.THE UNDERSIGNED MAKES NO REPRESENTATIONS OR GUARANTEES AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS OF WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH ALL SUCH MATTERS. SUCH INFORMATION SHOULO BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY AND/OR EASEMENTS OF RECORD. 4. ME LICENSE BUSINESS NUMBER FOR DENNIS J. LEAVY & ASSOCIATES INC. IS 5. THIS IS NOT A SURVEY. LB6599. = CENTERLINE C = CALCULATED A = CENTRAL ANGLE ESMT = EASEMENT N.R. = NON-RADIAL P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT RES = RESIDENTIAL R.P. = RADIUS POINT S.F. = SQUARE FEET O.R.B. = OFFICIAL RECORD BOOK P.B. = PLAT BOOK P.B.C.R.= PALM BEACH COUNTY RECORDS 3 PG. = PAGE(S) I I I I I THIS SITE- 460 Business Pork Way Suite D Royal Palm Beach, Florida 33411 3L I 3 DATE: i2/10/20 'DRAWN DJL/RRM I-. N/A W Y a Z CY 3 I- - 3' 1 IU II 21 1 36 36 1 1 1 I NOT TO SCALE LOCATION MAP I Dennis J, Leavy & Associates, Inc, Land Surveyors Mappera SKETCH & DESCRIPTION For: Parcel "Cl" \phone 561 753-0650 fax 561 753-0290 I F.B./W. N/A IJO6# PARCEL "ClqSHfEr 2 OF> DESCRIPTION: 460 Business Park Way *- Suite D Royal Palm Beach, Florida 3341 1 A parcel of land lying within a portion of the South one-half (S 1/2) of Section 35, Township 41 South, Range 42 East, being more particularly described as follows: 'DRAWN DJL,RRM ism N,A Commencing at the Southwest corner of the South one-half (S 1/2) said Section 35; thence North 00'57'25" East, along the West line of the South one-half (S 1/2) of said Section 35, as a basis of bearings, a distance of 133.52 feet; thence South 89'02'35" East, departing said West line of said Section 35, a distance of 180.00 feet to the POINT OF BEGINNING; thence North 00'57'25" East, a distance of 1,482.25 feet to a point on the arc of a non-tangent curve to the left, whose radius point bears North 51'59'34" West from said point, a radial distance of 79.25 feet; thence northerly along the arc of said curve, through a central angle of 74'06'02", a distance of 102.49 feet; thence North 00'57'25" East, a distance of 202.25 feet; thence South 89'02'35" East, a distance of 425.00 feet; thence South 00'57'25" West, a distance of 1,875.00 feet; thence North 89'02'35" West, a distance of 175.00 feet; thence North 00'57'25" East, a distance of 72.00 feet; thence North 89'02'35" West, a distance of 81.00 feet; thence North 00'57'25" East, a distance of 23.00 feet; thence North 89'02'35" West, a distance of 169.00 feet to the POINT OF BEGINNING. Said lands situate, lying and being in the City of Palm Beach Gardens, Palm Beach County, Florida. Containing 773,947 square feet or 17.77 acres, more or less. SKETCH & DESCRIPTION I For: Parcel "Cl" Dennis J. Leavy & Associates, Inc. Land Surveyot.8 Mappers phone 561 753-0650 fax 561 753-0290 I F.B./PG. N/A lJO6# PARCEL TlISHEET 3 OF> I I N00Sf'2SuE 201.25' - L402.9 ' R=79.25' b74'06'02~ P W u, N h 0 0 z 9 S89D2'35"E - 425.00' N00'57'29"E ~23.00 NOOJ7'25' r72.00' POINTIOF BEGINNIWG 7 N00'57'25"E i'l POINT OF COMMENCEMENT S.W. COR. OF S. 1Q SECTION 354142 1'- I - N89*02'35-"4 81.00' S. LINE OF S. IR r- SECT'oN 3541-42 0 r) Dennis J. Leaqy & Associates, Inc. Land Surveyors Mappers SKETCH & DESCRIPTION For: Parcel "C1 'I 460 Business Park Way * Suite D Royal Palm Beach, Florida 33411 \ phone 561 753-0650 fax 561 753-0290 f ur\ ‘ETCH & DESCRIPI JN SURVEY NOTES: I. BEARINGS HEREON ARE RELATIVE TO THE WEST LINE OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF SECTION 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST, AS CALCULATED FROM THE PALM BEACH COUNTY SURVEY DEPARMENT’S GRID COORDINATES FOR SAID LINE. SAID LINE BEING MONUMENTED AND HAVING A BEARING OF SOUTH 02’1 0’06’’ EAST. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THIS INSTRUMENT NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED 3. THE UNDERSIGNED MAKES NO REPRESENTATIONS OR GUARANTEES AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS OF WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH ALL SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY AND/OR EASEMENTS OF RECORD. 4. THE LICENSE BUSINESS NUMBER FOR DENNIS J. LEAVY & ASSOCIATES INC. IS 5. THIS IS NOT A SURVEY. LB6599. OF BEGINNING Dennis J. Leavy & Associates, Inc. Land Sum~twa Yamera 460 Business Park Way * Suite D Royal Palm Beach, Florida 33411 phone 581 753-0650 fax 561 753-0290 SKETCH & DESCRIPTION For: Parcel “C2 DRAWNDJL/RRM sa N/A F.B./PG. N/A DATE: 1 2/1 O/20 JOB# PARCEL ”C2’ SHEET 1 OF> 34 34 3 w Y Z E 3 I- cn Q a E 0 J LL - 0- - - 31 1 DRAWN DJL/RRM F.B./PG. N/A ! N/A DATE: i2/10/20 JOB# PARCEL "c2" SHm 2 OF 54 2 I 2,! LOCATION MAP 11 A NOT TO SCALE Dennis J. Leavy & Associates, Inc, Land surveyors Afappera 460 Business Park Way * Suite D Royal Palm Beach, Florida 33411 \ phone 561 753-0850 fax 581 755-0290 36 36 I 1 1 1 I 12 J i SKETCH & DESCRIPTION For: Parcel "C2" DESCRIPTION: A parcel of land lying within a portion of the West one-half (W 1/2) of Section 2, Township 42 South, Range 42 East, being more particularly described as follows: Commencing at the Northwest corner of said Section 2; thence South 02'10'06" West, along the West line of the Northwest one-quarter (NW 1/4) of said Section 2, as a basis of bearings, a distance of 62.46 feet; thence South 87'49'54" East, departing said West line, a distance of 180.00 feet to the POINT OF BEGINNING; thence South 87'49'52" East, a distance of 680.38 feet; thence South 02'10'08" West, a distance of 280.00 feet; thence South 02'08'24" West, a distance of 500.00 feet; thence South 02'10'08" West, a distance of 940.00 feet; thence South 11'19'16" West, a distance of 353.19 feet; thence South 18'28'52" West, o distance of 267.42 feet; thence South 13'20'34" West, a distance of 182.42 feet; thence South 02'10'08" West, a distance of 283.77 feet; thence South 02'43'12" East, a distance of 90.38 feet to the South line of the Northwest one-quarter (NW 1/4) of said Section 2: thence continue South 02'43'12" East, a distance of 82.05 feet; thence South 29'13'52" East, a distance of 169.12 feet; thence South 29'12'35" East, a distance of 60.00 feet; thence South 29'13'52" East, a distance of 220.00 feet; thence South 25'23'08" East, a distance of 220.50 feet; thence South 60'46'08" West, a distance of 65.00 feet; thence South 29'13'52" East, a distance of 85.00 feet; thence South 60'46'08" West, a distance of 110.00 feet; thence North 29'13'52" West, a distance of 25.00 feet: thence South 60'46'08" West, a distance of 92.60 feet to the point of curvature of a circular curve to the left having a radius of 470.00 feet and o central angle of 10'17'01"; thence southwesterly along the arc of said curve a distance of 84.36 feet; thence South 50'29'07" West, a distance of 107.98 feet; thence North 38'58'34" West, a distance of 60.00 feet to a point on the arc of a non tangent curve to the left, whose radius point bears South 50'10'33" West from said point, a radial distance of 2,027.00 feet; thence northwesterly along the arc of said curve, through a central angle of 02'59'59", a distance of 106.13 feet; thence North 42'49'26" West, a distance of 64.04 feet to a point on the arc of a non tangent curve to the right, whose radius point bears North 47'09'02" East from said point, a radial distance of 133,401.81 feet; thence northwesterly along the arc of said curve, through a central angle of 00'07'26", a distance of 288.35 feet; thence North 38'22'25" West, a distance of 60.00 feet to a point on the arc of a non tangent curve to the right, whose radius point bears North 54'37'39" East from said point, a radial distance of 573.00 feet; thence northerly along the arc of said curve, through a central angle of 37'32'28", a distance of 375.44 feet; thence North 02'10'08" East, a distance of 202.18 feet to the South line of the Northwest one-quarter (NW 1/4) of said Section 2; thence continue North 02'10'08" East, a distance of 1662.90 feet; thence North 02'12'05" East, a distance of 440.00 feet; thence North 02'10'08" East, a distance of 560.00 feet; thence North 02'05'03" East, a distance of 170.00 feet; thence North 02'10'08" East, a distance of 50.00 feet to the POINT OF BEGINNING. Said lands situate, lying and being in the City of Palm Beach Gardens, Palm Beach County, Florida. Containing 2,363,879 square feet or 54.27 acres, more or less. 460 Business Park Way *-Suite D Royal Palm Beach, Florida 3341 1 SKETCH & DESCRIPTION I For: Parcel "C2" Dennis J. Leavy & Associates, Inc. Law suwwm-- ' d€Ul~ ME i2/10/20 DRAWN OJLIRRM ISLE: N/A phone 581 753-0650 fax 581 753-0290 I F.B./PG. N/A IJOB# PARCEL "C2'1SHEET' 3 OF> 7 POINTOF ... Dennis J. Leavy & Associates, Inc.; Land Suweyora Mapper8 460 Business Park Way * Suite D Royal Palm Beach, Florida 33411 phone 561 753-0850 fax 561 753-0290 S. LINE OF S. IPL OF SKETCH & DESCRIPTION For: Parcel "C2 JOWPARCEL "c2" SHEET 4 of DRAWN D&/RRM 1" = 300' DATE: 12/10/2( F.B./PG. N/A TT 35-4142 .--.-.---.-.-._._ .-.-.-.--__ -----.-.-.___. COMMENCEMENT - W. COR SECTION 24242 507'49'54"E S02'10'06"W I I I I I u. I 0 f 31' P? N02D5'!0SE 170.90' 8 d (D n W rn 0 a- h( 0 2 b \ f 8 -8 $ w e4 2- N 0 z } a ? ri In co - W W 0 T cy 0 z -0 0 0 8 O C 5 C C P 60.00' 54.27& ACRES 7 1 1 RESIDENTIALLOW 5291 3'52'E 220.00' t S2523'08'E I I I I I I I I I I I I _.... A 220.50' \\ ! N3822'23 w 60:0Oo1 '\ R~470.00' &= 107 7'01 ' L384.36' L1106.13' N3858*34d 60.00' AO29'07'W 107.98' I 0 0 v) 8 r) 0 0 2 8 r) Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION &ad Survepva * Manera 460 Business Park Way * Suite 0 Royal Palm Beach, Florida 33411 phone 561 753-0650 fax 561 753-0290 F.B./PG. N/A JOB# PARCEL 'c2" SHEET 5 of For: Parcel "C2" DRAWN DJL/RRM SCACE: I" = 300' DATE:12/10/2(3 Date Prepared: April 23,2003 Resolution 61,2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 EXHIBIT “B” (see next page attached) 8 OLD PALM GOLF CLUB Parcel C RESIDENTIAL (Custom) ARCHITECTURAL and LANDSCAPE DESIGN GUIDELINES November 19,2002 General Criteria for Architecture and Structures Introduction The highest standards of quality and aesthetics have been incorporated into the planning, design and construction of Old Palm. All architectural, hardscape and landscape features are to complement one another. The Guidelines encourage attention to detail and require that all functions, geometry, and materials are harmonious with each another with minimal shifts in variety. In an order to present the quality and intent of the Parcel C community, we have provided “showcase” home architectural plans. They are not models (reproduction homes), but showcases of the quality and options available in this exclusive community. The final design image shall be well-refined and carefully detailed. The floor plans and elevation designs shall work in unison to achieve consistency in scale, balance in proportion and harmony within the total improvement and the neighborhood. The siting of the house shall be such that outdoor accessory uses are not constrained and that the streetscape, golf course and adjacent homes are not adversely impacted. Height No Dwelling Unit may exceed 36’ in height. Varied Lines and Scale The mass and scale of all buildings shall be visually appealing through the use of architectural detailing, windows, patio walls, balconies and varied roof lines. w All Lots are restricted to use for a single-family detached residence, designed for and occupied by one family. No more than one (1) Dwelling Unit may be built on a Lot. Buildings accessory to the use of a Dwelling Unit may be erected provided that they are not used as living quarters unless specifically designed and approved as guesthouses, and are attached to the main residence via walls, trellises, etc. Elevation Use of the following features is strongly recommended: 0 PorchesNerandas/BaIconies 0 Roof top decks and towers Balustrades 0 Arches and Columns 0 Bay or Bow Windows and Rooms 0 Corbels, Keystones, Quoins 0 Transoms and Sidelights 0 Metal Gates and Railings Clerestory Windows 0 Low walls and Potted Plant Material 2 Window openings shall be articulated through the use of shutters, projecting lintels, substantial sills or surrounds such as pre-cast stone, faux stone or stucco banding. Awnings, decorative shutters and permanent hurricane shutters are permitted only when designed as an integral part of the building elevation. j3uildina Finishes Finishes shall include: Painted stucco Natural stone or keystone Limited use of glass block, brick, wood and plastic siding Colors Exterior colors should be neutral in nature, emphasizing matte finish earth tones. Bright colors are discouraged. Roofs Roofs shall have a minimum pitch of 4: 12 and maximum pitch of 6: 12 unless othewise specifically approved. Materials recommended: Flat or ‘SI color impregnated concrete tile Barrel clay tile Impervious roofs over patios shall be designed with architectural detailing to match that of the principal building. 0 Flat roofs shall generally not be permitted unless they enhance the design of the Structure, or are for small portions of the roof only, or will not be visible from outside of the Lot. Roof Vents a nd Chimnevs All roof mounted vents or stacks shall be painted to match the color of the roof. All chimney stacks shall be the same color as the body of the house. All chimneys shall be capped with either a tile or metal roof or accented with stucco banding and/or ceramic tile. Screen Enclosures Screen enclosures on a Lot shall meet required setbacks. The vertical elements of the screen enclosure must be columns, pillars, posts, pilasters or other such architectural structures, which complement the architectural style of the home. The roof or horizontal framing elements must be of the same design and material of the home. Screens and frames shall be dark bronze, black or colors that blend with the architecture (no white). sw The design and location of all swimming pools, spas and hot tubs must be approved in 3 accordance with City approvals Above ground pools and above ground spas are not permitted unless they are integrated into the design of the Structures and specifically approved by the Homeowners’ Association. Accessow Str uc tu res All accessory structures on Lots are to be compatible with the principal structure in both material and configuration while maintaining required setbacks. Detached storage buildings and tool sheds are not permitted. No garage shall be erected which is separated from the Dwelling Unit unless the garage is enclosed within a courtyard or otherwise attached or integrated into the design of the Structures. No unenclosed storage area shall be permitted. No enclosed storage area shall be erected which is separated from the Dwelling Unit unless incorporated into the design of the Structures. Outside antennas, satellite receptor dishes or devices or any other type of electronic device now in existence or that may hereafter come into existence must either not be visible from view from outside the Lot or be disguised to resemble and, in fact, be visually indistinguishable from Structures, devices or improvements otherwise allowed within Old Palm. Drivewavs. Front Walkways and Rear Patios The driveway materials shall be unified with the front walkway by repeating the material color and texture in its entirety. In no event shall the driveway surface be less than five (5) feet from the side Lot line. Materials recommended: Concrete paver blocks Set stone or old brick Walls, Fences and Archwavs Walls and fences on Lots shall not unreasonably block the golf, lake or natural preserve views of adjacent Lots, Walls, fences, gates and archways shall be designed as an extension of the architectural mass and shall be detailed to unify the entire site design. The creative use of walls, fences, gates and archways when designed to create a series of entrances and levels to provide for variety in the scale of exterior space and elevation treatment is encouraged. Continuous solid walls are discouraged. No wall or fence shall be constructed on a Lot with a height of more than six (6) feet above the existing ground level of adjoining property, excluding tennis courts and other recreation- oriented fencing. A wall, fence or enclosure shall only be constructed of materials and with a design and color complementary to the home. No chain link fencing shall be allowed except for tennis coults. All court fencing must have black vinyl coating, wind 4 screens and adequate landscaping. Wall/ fence materials recommended: 0 Prefinished galvanized steel picket Prefinished aluminum picket Wrought iron Concrete block/ stucco Fence colors recommended: 0 Black Bronze Verde Green Exterior Lot Liahts Landscape accent lighting (uplights and downlights) are recommended instead of flood lights, and must be directed so as not to adversely affect adjacent properties. No colored lenses or bulbs shall be permitted. , Mailboxes Mailboxes shall complement the architectural style, materials and colors of the dwelling structure. Securitv Svstem 8 In an effort to enhance the privacy of Old Palm, each Owner must install, at Owner's expense, an electronic "security" system designed so that it is capable of being monitored. Utllitv Detaila No mechanical equipment is to be placed on roofs. However, solar panels are permitted and must be positioned so they are not visible from roadway. Window or wall mounted air conditioner units are not permitted. Adequate screening from the street and adjacent properties for the following: Air conditioner units Utility boxes and meters Pool pumps and heaters Irrigation pumps and backflow prevention devices Underground gas tanks for pool heaters Trash containers 5 General Criteria for Landscaping of Custom Lots Introduction The design must provide enrichment for both the short term and the long term appearance of Old Palm. Prototypical landscape plans have been provided for both of the lot types available in Parcel C. These prototypical landscape plans are to reflect the following minimum landscape standards and specifications. Plantinn Requirements Minimum Landscape Requirements All lots will have a minimum of one tree or two palms and six shrubs per 1,000 square feet of open space or fraction thereof. Additionally, the streets will be lined with Royal palms, 20 foot minimum height at the time of planting, in this community as the city required street trees. Trees must be maintained as part of the community. Specifications All plant materials shall be Florida #I or better as outlined by the Florida Department of Agriculture and Consumer Services. Additionally, plat material needs to meet the minimum City of Palm Beach Garden’s height, clear truck and DBH to meet the minimum landscape requirements. 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 47 48 Date Prepared: January 7,2004 RESOLUTION 20,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPR,:OVING AMENDMENTS TO THE MASTER DEVELOPMENT PLAN FOR OLD PALM GOLF CLUB PLANNED COMMUNITY DEVELOPMENT LOCATED ON THE NORTHWEST CORNER OF I PGA BOULEVARD AND CENTRAL AVENUE WHICH LIES /WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF PAILM BEACH GARDENS, AS DESCRIBED MORE PARTICULARLY' HEREIN, AND TO MODIFY CERTAIN CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. I WHEREAS, on September 8, 2002, the City Council approved Ordinance 32, 2002, thereby approving the Old Palm Golf Club PCD Master Plan, which generally consists of 333 residential units and a private 19-hole golf course on approximately 651 acres; and WHEREAS, the City has received a request (PCD-03-01) from Henry Skokowski of Urban Design Studio, on behalf of the Community Filnance Company, for an amendment to the Old Palm Golf Club Planned Community Development (PCD) to allow for: (1) a modification to a condition of approval established in the PCD Development Order (Ordinance 32, 2002) relating to the number of non-resident golf club memberships permitted within the PCD; (2) modifications to certain PCD buffers; and (3) a modification to the approved PCD Master Plan allowing for a minor change to the location of certain preserve areas on site; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City's Comprehensive Plan and Land Development Regulations, and has recommended approval; and WHEREAS, said PCD amendment petition was reviewed by the Planning and Zoning Commission on December 9,2003, and recommended its approval by a vote of 7-0; and WHEREAS, the City Council has considered thle evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City OF Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,,FLORIDA that: '.\ SECTION 1. The foregoing recitals are hereby ;iffirmed and ratified. 4 i % I Date Prepared: January 7,2004 Resolution 20,2004 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 48 SECTION 2. The amended Master Development Plan for Old Palm Golf Club Planned Community Development is hereby APPROVED on ‘the following described real property to permit the development of the Old Palm Golf Club Planned Community Development with 333 single-family residential units, golf course, clubhouse, sales center, maintenance facilities, golf academy, and three practice holes on an approximately 651-acre parcel generally located at the northwest corner of PGA Boulevard and Central Boulevard, as more particularly described herein, subject to the conditions; of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: OLD PALM PCD I A PARCEL OF LAND SITUATE IN SECTION 35, TO\;VNSHIP 41 SOUTH, RANGE 42 EAST, AND SECTION 2, TOWNSHIP 42 SOUTH, RANGE: 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDEN!3, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE WEST LINE OF QUARTER SECTION LINE, A DISTANCE OF ;!,694.21 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; SAID POINT OF BEGINNING BEING ON A CURVE HAVING A RADIAL BEARING OF SOUTH 59O35’10’’ EAST, A RADIUS OF 2,575.00 FEET, AND A CENTRAL ANGLE OF 75’39’04“. THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF POINT ON A CURVE HAVING A RADIAL BEARING OF SOUTH 54’26’54” EAST, A RADIUS OF 3,879.72 FEET, AND A CENTRAL ANGLE OF 08’ 04’ 22”. THENCE PROCEED NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND WEST THENCE NORTH 43’37’28” EAST, A DISTANCE OF: 373.82 FEET; TO A CURVE HAVING A RADIAL BEARING OF NORTH 46’35’56” EAST A RADIUS OF 1,669.35 FEET, AND A CENTRAL ANGLE OF 92’02’08’’. THENCE PROCEEID NORTHERLY ALONG THE ARC OF 2,681.51 FEET TO THE END OF SAID CURVE TO THE EAST-WEST QUARTER SECTION LINE, A DISTANCE OF 1,123.80 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID SECTION 35; THENCE SOUTH 87O56’04” EAST, ALONG THE EAST-WEST 3,399.93 FEET TO THE WEST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD AND A RIGHT-OF-WAY LINE, A DISTANCE OF 546.64 FEET TO THE END OF SAID CURVE; SAID CURVE DEPARTING FROM SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF LINE; THENCE NORTH 87’56’04’’ WEST, ALONG SAID EAST-WEST QUARTER SECTION PARCEL 31.1 1 A PARCEL OF LAND SITUATE IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE. WEST RIGHT-OF-WAY LINE OF INTERSTATE 1-95 AND THE EAST-WEST QUART$R SECTION LINE IN SAID SECTION 2 Date Prepared: January 7,2004 Resolution 20, 2004 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 48 35; THENCE SOUTH 28'00'21" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 41 I .88 FEET TO A POINT ON A CURVE HAVING A RADIUS OF 24,688.05 FEET, AND A CENTRAL ANGLE OF 2'22'34". THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE hND WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1,023.84 FEET TO THE END OF SAID CURVE AND THE NORTHWEST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARC); THENCE SOUTH 43'37'19" WEST, ALONG SAID CENTRAL BOULEVARD RIGHT-OF-'-WAY LINE, A DISTANCE OF 362.91 FEET; THENCE SOUTH 40'34'08'' WEST, ALCING SAID RIGHT-OF-WAY LINE, A DISTANCE OF 751.07 FEET; THENCE SOUTH 46'22'41' EAST, ALONG SAID RIGHT-OF- SAID RIGHT-OF-WAY LINE, A DISTANCE OF 407.16 FEET TO A CURVE HAVING A CENTRAL ANGLE OF 92'02'08", THENCE DEPI)RTING SAID RIGHT-OF-WAY LINE, WAY LINE, A DISTANCE OF 10.00 FEET; THENCE SOUTH 43'37'28" WEST, ALONG RADIAL BEARING OF NORTH 46'35'56, EAST, A RADIUS OF 1,669.35 FEET, AND A PROCEED NORTHERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 2,681.51 FEET TO THE EAST-WES'r QUARTER SECTION LINE; THENCE SOUTH 87'56'03" EAST, ALONG SAID QUARTER SECTION LINE, A DISTANCE OF 210.30 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. LESS AND EXCEPT THE ADDITIONAL RIGHT-OF-WAY FOR INTERSTATE 1-95 CONVEYED TO THE STATE OF FLORIDA, FOR THE USE AND BENEFIT OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY THE DEED RECORDED IN OFFICIAL RECORDS BOOK 7481 , PAGE 238. PARCEL 31.12 A PARCEL OF LAND SITUATE IN SECTIONS 1 AND 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST AND SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE EAST LINE OF SAID SECTION 2, THENCE NORTH 01'52'52" EAST, ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 1,773.56 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; SAID POINT OF BEGINNING BEING ON A CURVE HAVING A RADIAL BEARING OF NORTH 06'06'59" WEST A RADIUS 2,575.00 FEET, AND A CENTRAL ANGLE OF 48'09'10". THENCE PROCEED WESTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 2,164.09 FEET TO THE EAST POINT BEING ON A CURVE HAVING A RADIAL BEiARlNG OF NORTH 42'02'10" EAST, A RADIUS OF 3,759.72 FEET, AND A CENTRAL ANGLE OF 08'09'05". THENCE PROCEED SAID CURVE, A DISTANCE OF 534.89 FEET TO 'THE END OF SAID CURVE; THENCE DISTANCE OF 371.91 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 42'28 44" EAST, A RADIUS OF 1,669.35 FEET, AND A CENTRAL ANGLE OF 66'51'33". SOUTHERLY ALONG THE ARC OF SAID CURVE1 A DISTANCE OF 1,947.99 FEET TO RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD AND END OF SAID CURVE; SAID NORTHERLY AND EASTERLY ALONG SAID EAST RIGHT-OF-WAY LINE AND ARC OF NORTH 43'37'28" EAST, CONTINUING ALONG :?AID EAST RIGHT-OF-WAY LINE, A THENCE, DEPARTING SAID RIGHT-OF-WAY !LINE, PROCEED EASTERLY AND THE END OF SAID CURVE AND THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 1-95; 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 48 Date Prepared: January 7,2004 Resolution 20,2004 THENCE SOUTH 30'31'49" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 909.03 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 26'32'52" WEST, A RADIUS OF 2,575.00 FEET, AND A CENTRAL ANGLE OF 20'25'52". ALONG THE ARC OF SAID CURVE, A DISTANCE OF 918.23 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.. THENCE, DEPARTING SAID RIGHT-OF-WAY, PROCEED WESTERLY AND SOUTHERLY, PARCEL 31.01 , A PARCEL OF LAND SITUATE IN SECTIONS 351 TOWNSHIP 41 SOUTH, RANGE 42 EAST AND SECTION 2, TOWNSHIP 42 SOUTH , RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35, THENCE NORTH 00'57'25" EAST, ALONG THE WEST LINE THEREOF, A DISTANCE OF 2,297.06 FEET, THENCE SOUTH 87'56'11" EAST, A DISTANCE OF 301.06 FEET, THENCE NORTH 00'57'25" EAST, A DISTANCE OF 329.96 FEET; THENCE SOUTH 87'56'04" EAST, A DISTANCE OF 2,393.15 FEET TO A CURVE HAVING A RADIAL BEARING OF SOUTH 59"35'10" EAST, A RADIUS OF 2,575.00 FEET, AND A CENTRAL ANGLE OF 75'39'04". THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, A BOULEVARD AND A POINT ON A CURVE HAVING A RADIAL BEARING OF SOUTH 54'26'54" EAST, A RADIUS OF 3,879.72 FEET, AND A CENTRAL ANGLE OF 33'23'07". DISTANCE OF 3,399.93 FEET TO THE WEST RIGHT-OF-WAY LINE OF CENTRAL THENCE PROCEED SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT- OF-WAY LINE, A DISTANCE OF 2,260.64 FEET TO THE END OF SAID CURVE; THENCE SOUTH 02'09'59' WEST, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 2,908.10 FEET TO THE NORTH RIGHT-OF'-WAY LINE OF PGA BOULEVARD; THENCE NORTH 88'22'39" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1,OI 1.32 FEET TO THE POINT OF CURVATURE OF CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 11,399.1 6 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'37'40" AND AN ARC DISTANCE OF 522.80 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A FADIUS OF 11,519.16 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID ClJRVE THROUGH A CENTRAL ANGLE OF 01'34'54" AND AN ARC DISTANCE OF 317.09 FEET; THENCE NORTH 74'20'28" WEST, A DISTANCE OF 73.48 FEET; THENCE NORTH 80'58'47'' WEST, A DISTANCE OF 310.68 FEET; THENCE NORTH 84'28'05" WEST, A DISTANCE OF 293.34 FEET, THENCE NORTH 02'10'34" EAST, A DISTANCE OF 119.2,4 FEET; THENCE NORTH 05'24'53" EAST, A DISTANCE OF 451.83 FEET; THENCE NORTH 05'24'53'' EAST, A DISTANCE OF 325.37 FEET; THENCE NORTH 46'35'32". LAST A DISTANCE OF 458.00 FEET; THENCE NORTH 01'35'32" EAST, A DISTANCE OF 307.C10 FEET; THENCE NORTH 42'49'26" WEST, A DISTANCE OF 521.54 FEET; THENCE NORTH 27'49'26" WEST, A DISTANCE OF 307.24 FEET TO THE WEST LINE OF SAID SEXTION 2; THENCE NORTH 02'10'34" EAST ALONG SAID WEST LINE, A DISTANCE OF 371.65 FEET, THENCE NORTH 02"10'08" EAST, CONTINUING ALONG SAID WEST LINE, A DISTANCE OF 2,946.92 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. 4 i Date Prepared: January 7,2004 Resolution 20,2004 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 48 LESS AND EXCEPT THAT PORTION THEREOF CONVEYED FOR RIGHT-OF-WAY OF PGA BOULEVARD AS DESCRIBED IN THE DEED1 RECORDED IN OFFICIAL RECORDS BOOK 7819, PAGE 1428. PARCEL 31.08 A PARCEL OF LAND SITUATE IN SECTIONS 35 AND 36, TOWNSHIP 41 SOUTH, RANGE THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 42 EAST AND SECTIONS 1 AND 2, TOWNSHIP 4.2 SOUTH, RANGE 42 EAST; WITHIN BEGINNING AT THE INTERSECTION OF THE, WEST RIGHT-OF-WAY LINE OF INTERSTATE 1-95 AND THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH 30'31'49" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE OF INTERSTATE 1-95, A DISTANCE OF 1,475.56 FEET TO A CURVE HAVING A RADIAL ANGLE OF 66'51'33", THENCE, DEPARTING FROM SAID RIGHT-OF-WAY LINE, FEET TO THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD; THENCE NORTH 43'37'28" EAST, ALONG SAID RIGHT-OF-WAY A DISTANCE OF 409.08 FEET; THENCE SOUTH 46'22'41" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 35.03 FEET, THENCE NORTH 46'10'00" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 450.44 FEET; THENCE NORTH 51'13'00" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 302.66 FEET; THENCE NORTH 43'37'19" EAST, ALONG SAID RIGHT-OF-WAY, A BEARING OF NORTH 24'22'49" WEST, A RADIUS OF 1,669.35 FEET, AND A CENTRAL PROCEED WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,947.99 DISTANCE OF 287.60 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following five waivers: 1. 2. 3. 4. A waiver from Section 78-231(f) of the City's Land Development Regulations to allow averaging of the Parkway Buffer along PGA Boulevard. The City Code requires a minimum of 185 feet. A waiver from Section 78-46(f) of the C'ity's Land Development Regulations to allow later submittal of the master sign, plan. City Code requires concurrent submittal with the master plan of development A waiver from Section 78-186(8) of the City's Land Development Regulations to allow a ten (10) foot wall along the Turnpike and 1-95, and eight (8) foot walls along PGA Boulevard, Central Boulevard. and the northern boundary of the PCD. City Code requires a maximum height of six (6) feet. A waiver from Section 78-506 of the City's Land Development Regulations to allow one sidewalk along the internal loop roads within the PCD. City Code requires two sidewalks on each side of thb street. ~ 5 i Date Prepared: January 7,2004 Resolution 20,2004 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 48 5. A waiver from Section 78-498 of the City’s Land Development Regulations to allow a right-of-way width of 62-70 feet onl internal collector roads within the PCD. City Code requires a minimum of 80 feet for a collector. SECTION 4. Said Planned Community Dekelopment is approved subject to the following conditions, which shall be the responsibiliity of the applicant, its successors, or assigns: ENVIRONMENT AND LANDSCAPING 1. The applicant, successors, or assigns shall be responsible for the landscape, irrigation, installation, and maintenance of/ the road shoulders of those sections of public rights-of-way contiguous and/or adjacent to the Old Palm Planned Community Development (PCD), including: a. Northern shoulder of PGA Boulevard from the Ronald Regan Turnpike to Central Boulevard (to be incorporated into the “Parkway” design requirements), as permitted by the Florida Department of, Transportation and/or the County. The petitioner shall also replace the existing City irrigation system with a PCD irrigation system. b. Eastern shoulder of Central Boulevardl from 1-95 south (to be incorporated into the “Parkway” design requirements) to the southern terminus of petitioner’s property, as permitted by Palm Beach County and/or the Florida Department of T ra n s po rta t ion. c. Western shoulder of Central Boulevard from 1-95 south to PGA Boulevard (to be incorporated into the “Parkwa.y” design requirements) as permitted by Palm Beach County and/or the Florida Department of Transportation. (City Forest e r ) 2. The applicant, successors, or assigns shall be responsible for the landscape installation of the medians (including irrigation) of those sections of public rights- of-way contiguous to the Old Palm Planned Community Development (PCD), including : a. PGA Boulevard from the Ronald Reagan Turnpike approximately 500 feet towards Central Boulevard as permitted by the Florida Department of Transportation. b. Central Boulevard from 1-95 to PGA t3oulevard, as permitted by Palm Beach County, excluding the medians previously installed by the Bent Tree PUD. (City Forester) 3. The applicant, successors, or assigns shall be responsible for the landscape maintenance of the medians (including1 irrigation) of those sections of public rights-of-way adjacent and/or contiguous to the Old Palm Planned Community Development (PCD), including: i 6 I Date Prepared: January 7,2004 Resolution 20,2004 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 48 4. 5. 6. 7. 8. a. PGA Boulevard from 'the Ronald Reagan Turnpike to Central Boulevard (Petitioner shall provide a pro-rata share in the cost of the maintenance with the Ballenlsles PCD). b. Central Boulevard from 1-95 to PGA Boulevard (petitioner shall provide a pro- rata share in the cost of the maintenance with the Bent Tree PUD). (City Forester) I The applicant shall install the landscaping and irrigation for the medians and roadway shoulders adjacent to the property, as described in Conditions 1 and 2 above, within six (6) months of issuance of the clearing permit, or no further permits or inspections will be issued for the project site until said landscaping and irrigation are completed. This condition shall not apply to the road shoulder and medians affected by the raising of Ceritral Boulevard The landscaping and irrigation shall be installed simultaneously with the raising of Central Boulevard. (City Forester) Prior to the issuance of the first certificate of occupancy, the applicant shall provide surety, in an amount equal to 110% of the cost of the landscape improvements described above, in an escrow account established by the applicant to be used by its successors orlassigns to complete the project. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of contiguous rights-of-way, then the Old Palm property owners association, successors, or assigns 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 of Palm Beach Gardens. (Planning and Zoning) 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 topographyldrainage may result in disturbance or destruction of the preserve areas. Applicant's landscape architect and/or environmental consultant shall monitor protection of the preserve and buffer areas during land alterationkonstruction activities. (City Forester, City Environmental Consultant) 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) 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 Section '78-250(a)(4)e of the City's Code of Ordinances and the approved Preservatipn/Relocation Plan are protected. (City Forester, City Environmental Consultant) ~ 7 Date Prepared: January 7,2004 Resolution 20,2004 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 48 9. IO. 11. 12. 13. 14. 15. 16. Detailed road right-of-way and landscape plans for all interior PCD collector roads 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 ) Within six (6) 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 landlscaping shall be the obligation of the applicant andlor its successors and assigns. Buffers shall be installed consistent with the PCD Buffer Plans. (Planning and: Zoning) The petitioner shall maintain the landscaping along both sides of the wall along the northern boundary of the PCD and Wctstwood Gardens PUD. (City Forester) The petitioner shall completely screen ttle wall long PGA Boulevard from view from the right-of-way. The wall along Central Boulevard shall also be completely screened from view from the right-of-way three years after buffer landscape planting. (Planning and Zoning) I 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 PCD buffer along PGA Boulevard (tkom the Turnpike to Central Boulevard) and along Central Boulevard (from PG,A Boulevard to 117~ Court), shall be installed within six (6) months of issuance of the first clearing permit. PCD buffer installation for the balance of Central Blvd, the PCD buffer for the property east of Central Boulevard, and Buffer Section t3 (along Westwood Gardens) shall be installed within twelve (12) months of issuance of the first clearing permit. All other buffers shall be installed within eighteen (18) months of issuance of the first clearing permit. The buffer installation schedule shall be in accordance with Exhibit “C” attached hereto. A one-time six (6) month extension to complete buffer and right-of-way improvements may be granted by the Growth Management Director upon review of suffkient justification. (City Forester) The petitioner shall provide the City with and install a City entry sign on Central Boulevard by the 1-95 interchange. The sign shall be installed within twelve (12) months of completion of the 1-95 interchange. Should the 1-95 interchange not be built within the next five (5) years from the effective date of this development order, the petitioner shall provide said sign at another location determined by the City. (Planning and Zoning) Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for reviewland approval by the City Engineer and the City’s Environmental Consultant. (City Forester) I i j 8 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 48 Date Prepared: January 7,2004 Resolution 20,2004 17. Seacoast Utility Authority well locations and configurations, within the PCD buffer system, shall be restricted to those shown on the PCD Master Plan. Any revisions thereto shall be subject to Growth Management Department review and approval. (Planning and Zoning) ENGINEERING AND INFRASTRUCTURE 18. 19. 20. 21. 22. 23. 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 applicant shall obtain County approval for parcel access points onto Palm Beach County roadways. (City Engineer) If site plan approval has not been obtained and the applicant desires to clear and rough fill a pod during the construction of the lakes, the applicant shall obtain a clearing permit from the Growth Management Department prior to performing said work. (City Engineer) 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 prior to December 31, 2005. (City Engineer) Prior to the issuance of the first residential Certificate of Occupancy for each Pod, with the exception of the models, 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:' installation of the first lift of asphalt and a complete and operable drainage system. The installation of landscaping, sidewalks, or lighting fixtures is not required for Substantial Completion. (City Engineer) Prior to the issuance of the first certificate of occupancy for each Pod, with the exception of the models, the supporting public infrastructure of said Pod shall be constructed by the applicant 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: installation of the first lift of asphalt and a complete and operable drainage system. The installation of landscaping, sidewalks, or lighting fixtures is not required for Substantial Completion. (City Engineer) Prior to the issuance of the first building permit for any structure, the applicant shall provide surety acceptable to the City for the construction of the public improvements for the Spine Road (from PGA Boulevard to Parcels A and B). 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 business day of July of each year. (City Engineer) 9 Date Prepared: January 7,2004 Resolution 20, 2004 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 48 24. 25. 26. 27. 28. 29. 30. The applicant shall be permitted to offer up to 55 non-resident golf club memberships with this PCD approval to off set the reduction in the number of homes proposed (320) and the number of homes approved with the concurrency approval (333). In addition, the amlicant shall be permitted to offer additional non-resident qolf club memberships at a rate of 4.23 non-resident memberships for every unbuilt unit under 320. At no time shall the number of golf club memberships exceed 375. The petitioner, successors, or assigns shall on January 1'' of each year submit an affidavit in recordable form to the Growth Management Department Director confirming that the number of non-residential golf club memberships is within or at the maximum number allowed by this development order. (City Attorney) Prior to the issuance of the final residential Certificate of Occupancy for this project, the Spine Road and all of the internal roadways shall be fully constructed by the applicant and approved by the City of Palm Beach Gardens. (City Engineer) Prior to the first residential Certificate of Occupancy for each Pod, the applicant shall install the landscaping for the Spine Road adjacent to and providing access to said Pod to the satisfaction of the City Forester. (City Engineer) Prior to the issuance of the Certificate of Occupancy for any building within the Clubhouse parcel, the applicant shall plat and construct the Spine Road to a point of completion, less the final lift of asphalt. The installation of landscaping, sidewalks, and lighting shall be operational along one side of the Spine Road to accommodate safe pedestrian access to the Clubhouse. Temporary crosswalks shall be provided across the Spine Road from each Pod entry to said sidewalk. (City Engineer) No construction or land alteration of any portion of the surface water management 'system shall be undertaken until an environmental resource permit for construction and operation of the Surface Water Management System, or portion thereof, is issued by the South Florida Water Management District and approved by the City. (City Engineer) The applicant shall copy to the City all correspondence to and from the South Florida Water Management District regarding the Surface Water Management System. (City Engineer) The applicant shall comply with all Federal Environmental Protection Agency (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. (City Engineer) 10 Date Prepared: January 7,2004 Resolution 20,2004 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 48 31. 32. 33. 34. 35. The construction, operation, andlor 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, the Ronald Reagan Turnpike, Central Boulevard, PGA Boulevard, Westwood GardensNVestwood Lakes, etc. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant’s responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) 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 Northern Palm Beach County Improvement District. (City Engineer) All areas designated for maintenance of the Surface Water Management System shall be no less than twenty (20) feet wide (minimum) with graded slopes no steeper than 8:l (horizonta1:vertical). No construction or landscaping shall be permitted in the maintenance areas in a manner that will in any way restrict, impede, or otherwise limit the use of these areas for this intended purpose. (City Engineer) The applicant and/or Northern Palm Beach County Improvement District (NPBCID) shall furnish and install continuous lake stage recorders, including telemetry equipment meeting NPBCID guidelines. In addition, the stage recorders and telemetry equipment shall be configured such that the City shall have the capability to monitor lake stages. Installation shall be concurrent with the acceptance of the Surface Water Management System by NPBCID for all or any portion of the system. The locations and number of the stage recorders shall be in accordance with a monitoring plan mutually acceptable to the City and NPBCID. (City Engineer) The Surface Water Management System shall continue to be analyzed and designed using a dynamic analysis acceptable to the City, accounting for piping systems, and flood routing in order to establish minimum road, berm, and finished floor elevations. These elevations shall be documented in tabular form, including sub-basin number and master plan parcel identification on the drainage plans approved by the City. (City Engineer) 11 __ 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 36. 37. 38. 39. 40. TRAFFIC 41. 42. Date Prepared: January 7,2004 Resolution 20,2004 Upon PCD approval, the applicant may apply for an excavation and fill permit, which is subject to review and approval by the Growth Management Department. (City Engineer) Within six (6) months of the issuance of the Development Order and before the first residential building permit (excluding models) is issued, the applicant shall enter into a Public Facilities Agreement (PFA) with Palm Beach County for funding of all roadway improvements, in a form acceptable to the County Engineer, for all improvements that are not assured construction. (City Engineer) The applicant shall use best efforts to construct the off-site berms as required by the SFWMD Conceptual Permit for NPBCID’s Unit No. 2 on the lands that are owned by the applicant located along Central Boulevard and Military Trail, south of Hood Road and north of 1-95. The berm construction shall be complete within eight (8) months of the issuance of the building permit to construct by all the applicable government agencies. (City Engineer) Prior to issuance of the first building permit, with the exception of the models and maintenance facility, or within six (6) months of the effective date of the development order, whichever occurs first, the applicant shall install the meandering berm as required by the Environmental Resources Permit issued by the South Florida Water Management District for Northern Palm Beach County Improvement District’s Unit of Development No. 2 along the existing, adjacent rights-of-way. The sidewalk associated with the berm construction shall be installed in accordance with the schedule of the completion of the PCD buffers as defined by Condition No. 14 hereinabove. (City Forester and City Engineer) The sales center shall be a temporary facility for such purpose until the last residential building permit is issued by the City, after which the facility shall become an administrative office to be used strictly for internal PCD purposes. (Planning and Zoning) This development order shall expire on December 31, 2005, which is the build- out date specified in the Concurrency Certificate issued for the PCD. (Planning and Zoning) Prior to the issuance of the first Certificate of Occupancy, or as otherwise determined by the City Engineer, the applicant shall construct the following: a. A right-turn ingress lane at the driveway along PGA Boulevard (westbound into the project entrance). b. A right-turn ingress lane at the driveway along Central Boulevard (southbound into the project entrance). 12 Date Prepared: January 7,2004 Resolution 20,2004 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 48 c. A left-turn ingress lane at the access driveway along PGA Boulevard (eastbound into the project entrance). d. A left-turn ingress lane at the access driveway along Central Boulevard (northbound into the project entrance). (City Engineer) 43. The City shall not issue building permits for more than 116 residential units until construction begins for one additional westbound through lane on PGA Boulevard from the Ronald Reagan Turnpike to Central Boulevard, or upon adoption of proper CRALLS designation for this link, in excess of 50,421 ADT. (City Engineer) 44. The City shall not issue building permits for more than 120 residential units (impact beyond 1% of the LOS D capacity at PGA Boulevard, between 1-95 and Military Trial, where traffic 'diversions due to planned Kyoto Gardens Drive Extension were used) until construction begins for the Kyoto Gardens Drive roadway extension. (City Engineer) 45. The City shall not issue building permits for more than 124 residential units, until construction begins for the widening of PGA Boulevard from two (2) lanes to four (4) lanes, between the Ronald Reagan Turnpike and the Avenue of the Champions. This is an assured improvement for which surety has been posted. (City Engineer) 46. The City shall not issue building permits for more than 149 residential units until construction begins for the widening of Hood Road from two (2) lanes to four (4) lanes, between Military Trail and Alternate AIA. (City Engineer) 47. The City shall not issue building permits for more than 188 residential units until construction begins for one (1) additional westbound lane on PGA Boulevard from 1-95 to Military Trail, or upon adoption of proper CRALLS designation for this link, in excess of 58,810 ADT. (City Engineer) 48. The City shall not issue building permits for more than 229 residential units until the adoption of CRALLS designation of 1,800 vph as the critical sum, or construction begins for the following improvements at the intersection of PGA Boulevard/Military Trail: a. Add one (1) additional through lane on both westbound and eastbound approaches, and add one (1) exclusive right-turn lane on the southbound approach. (City Engineer) 49. The City shall not issue building permits for more than 237 residential units until construction begins for the following improvements at the intersection of PGA Boulevard and the Ronald Reagan Turnpike: a. Reconfigure the southbound approach to provide two (2) exclusive left-turn lanes and one (1) shared through/left-turn lane. 13 Date Prepared: January 7;2004 Resolution 20, 2004 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 50. 51. 52. 53. 54. 55. b. Use the existing unused pavement to add one (1) exclusive right-turn lane on the southbound approach. (City Engineer) The City shall not issue building permits for more than 257 residential units until construction begins for the following improvements at the intersection of PGA Boulevard and the Avenue of the Champions: a. Reconfigure the westbound approach to provide one (1) left-turn lane, one (1) through lane, and one (1) shared throughlright-turn lane. b. Provide an additional eastbound through lane. (City Engineer) The additional right-of-way for the 1-95 and Central Boulevard interchange, as shown on the attached plan (Exhibit B), shall be shown on the plat as road right- of-way and dedicated to Palm Beach County. (Planning and Zoning) The developer shall, prior to the first building permit, convey to Palm Beach County by road right-of-way warranty deed the additional right-of-way for the 1-95 and Central Boulevard interchange, shown on the plat, free of all encumbrances and encroachments. (Planning and Zoning and Engineering) The petitioner shall disclose the future location of the 1-95 and Central Boulevard interchange in the contract purchase documents to potential customers interested in purchasing properties within the Old Palm PCD. Such disclosure language shall be reviewed and approved by the City Attorney prior to the issuance of the first residential building permit. The petitioner shall also post a sign of minimum size of two (2) feet by four (4) feet at the sales center at a location visible to potential homebuyers immediately within the lobby area of the sales center disclosing the potential location of the 1-95 and Central Boulevard interchange. (Planning and Zoning and City Attorney) Prior to recording the master property owner's association documents in the public records and no later than the first residential sale, the petitioner shall provide such documents, which shall include discloser language regarding the location of the 1-95 and Central Boulevard interchange, to the City Attorney for review and approval. (City Attorney) During the period of effectiveness of this development order, the petitioner shall annually provide the City with a status report on all the approved elements of the PCD, including a summary of completed construction and schedule of proposed construction over the remaining life of the development order. (Planning and Zoning ) 14 Date Prepared: January 7,2004 Resolution 20,2004 1 CONSTRUCTION 2 3 56. 4 5 6 7 8 9 57. 10 11 12 13 14 15 16 Prior to issuance of any building permits within the PCD, the applicant shall revise the master plan to indicate a temporary construction staging area located on the northern portion of Parcel D, adjacent to the proposed temporary construction entrance. At no time shall staging of construction vehicles and/or service vehicles occur within a public right-of-way. (Planning and Zoning) Prior to the issuance of any building permits within the PCD, the applicant shall revise the master plan to indicate an additional temporary construction entrance off Central Boulevard immediately north of PGA Boulevard. Said entrance may be open for six (6) months after the issuance of the first clearing permit within the PCD. The applicant may request one (1) administrative time extension, with the additional time period to be determined by the Growth Management Director. (Planning and Zoning) 17 SECTION 5. Said Planned Community Development shall be constructed in 18 compliance with the following plans on file with the City’s Growth Management Department: 19 20 1. 21 22 23 24 2. 25 26 27 3. 28 29 30 4. 31 32 33 34 5. 35 36 37 38 6. 39 40 41 7. 42 43 44 8. 45 46 47 9. 48 Master Plan. Sheet MP-01, prepared bv Urban Desian Studio, last revised on November 21. 2003. and received and stamped bv the Citv on November 21, 2003. Master Plan, Urban Design Studio, Sheets MP-024 - MP-04, revised on August 21,2002. Buffer Set Sheet Index, Urban Design Studio, Sheets L-00 thru L-02, L-04 thru L- 06, L-08. and L-10, received on July 15,2002. Buffer PlanlSection, Sheets L-03 and L-07, preDared bv Urban Design Studio, last revised on November 21, 2003, and received and stamped bv the Citv on November 21,2003. Buffer ‘H’ Plan/Section, Sheet L-09. prepared bv Urban Design Studio, last revised on December 30, 2003. and received and stamped bv the Citv on December 31,2003. Central Avenue Median Planting, Urban Design Studio, Sheets MPP-01- MPP- 03, revised on March 15, 2002. Central Boulevard and 1-95 Conceptual Interchange, PBC Eng. and Public Works, Wantman Group Inc., received on June 21,2002. Main Entrance Site Plan, Wilson Miller & Urban Design Studio, ME-01- ME-04, revised on March 15, 2002. PGA Boulevard Gatehouse, WCI Architecture and Land Planning, Sheets 1 of 3 and 2 of 3, dated December 9,2001. 15 Date Prepared: January 7,2004 Resolution 20,2004 1 10. 2 3 4 11. 5 6 7 12. 8 9 10 13. 11 12 13 14. 14 15 16 15. 17 18 2nd Entrance Site Plan, Wilson Miller & Urban Design Studio, SE-01- SE-04, revised on March 15,2002. Central Boulevard Gatehouse, WCI Architecture and Land Planning, Sheets 1 of 3 and 2 of 3, dated December 9,2001. Old Palm Golf Club Rest Shelters, Williams Zmistiwski Associates, Cover Sheet revised December 4,2001, and Sheet 1 revised January 24,2002. Preliminary Engineering Master Plan, Gee & Jenson, Sheet 01, dated August 21, 2002, and Sheets 02 - 04, dated October 8,2001 : Old Palm PCD Bus Shelter, Urban Design Studio, One Sheet, dated August 15, 2002. Buffer Installation Schedule, Urban Design Studio, One Sheet, dated August 19, 2002. 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 SECTION 6. All future amendments to the Old Palm Golf Club Planned Community SECTION 7. Said approval shall be consistent with all representations made by the SECTION 8. This Resolution shall become effective upon adoption. Development shall be approved by Resolution. applicant or applicant’s agents at any workshop or public hearing. (The remainder of this page left intentionally blank) 16 Date Prepared: January 7,2004 Resolution 20,2004 PASSED AND ADOPTED this !qP day of ~WW 2004. 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 48 5 6 7 8 BY: 9 Y- CITY OF PALM BEACH GARDENS, FLORIDA 10 ATTEST: 11 ; 12 : BY: - Patricia Snidg, City Clerk . > .. APPROVED AS TO FORM AND LEGAL SUFFICIENCY -_- BY: --~-- Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR JABLl N VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO J --- J --- / --- ad GAattorney-share\RESOLUTlONS\old palm master plan-reso 20 2004.doc 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 RESOLUTION 46,201 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR PARCEL C LOCATED WITHIN THE OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD), GENERALLY BOUNDED BY PGA BOULEVARD TO THE SOUTH, WESTWOOD GARDENS TO THE NORTH, CENTRAL BOULEVARD AND INTERSTATE 95 TO THE EAST, AND FLORIDA’S TURNPIKE TO THE WEST, IN ORDER TO RELOCATE FOR FOUR (4) UNBUILT DWELLING UNITS FROM PARCEL F1 TO PARCEL C2 (NWA MAJESTY PALM), RECONFIGURE CERTAIN LOTS, AND REVISE THE DESIGN GUIDELINES FOR PARCEL C2, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, on September 8, 2002, the City Council approved Ordinance 32, 2002, thereby approving the Old Palm Golf Club Planned Community Development (PCD) Master Plan, which generally consists of 333 residential units and a private 19- hole golf course on approximately 651 acres; and WHEREAS, on May 15, 2003, the City Council approved Resolution 61 , 2003, approving the development of 92 custom single-family homes on Parcel C; and WHEREAS, on June 5, 2003, the City Council approved Ordinance 14, 2003, thereby approving an amendment to the previously approved Ordinance 32, 2002 to modify two (2) conditions of approval relating to the timing of certain PCD improvements; and WHEREAS, on February 19, 2004, the City Council approved Ordinance 4, 2004, approving an amendment to Ordinance 32, 2002 to allow the following modifications: (1) transfer the Master Plan approval and related conditions of approval to Resolution 20, 2004; (2) modify a condition of approval relating to the number of nonresident golf club memberships permitted within the PCD; (3) modify certain PCD buffers; and (4) modify the location of certain preserve areas on site; and WHEREAS, the City has received a request (Petition No. SPLA-11-04-000024) from the property owner, Old Palm Holdings, LP, for approval of a major site plan amendment for Parcel C, to allow for the following modifications: (1) transfer four (4) un- built dwelling units from Parcel F1 to Parcel C2; (2) reconfigure certain lots; (3) revise the Design Standards for Parcel C; and (4) delete Conditions No. 5 and No.7 of Resolution 61, 2003; and Page 1 of 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 Resolution 46, 201 1 WHEREAS, the subject parcel has a zoning designation of Planned Community Development (PCD) Overlay with an underlying zoning of Residential Medium (RM); and WHEREAS, the the Planning and Zoning Department has reviewed the application, has determined that as conditioned it is sufficient and consistent with the City’s Land Development Regulations and the City’s Comprehensive Plan, and has recommended approval thereof; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed the application at a public hearing at its July 12, 201 1 , meeting and voted 5-0 to recommend approval to the City Council; 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. SECTION 2. The request by Old Palm Holdings LP for approval of a major site plan amendment for Parcel C, to allow the following modifications: (1) transfer four (4) unbuilt dwelling units from Parcel F1 to Parcel C2; (2) reconfigure certain lots; (3) revise the Design Standards for Parcel C; and (4) delete Conditions No. 5 and No. 7 of Resolution 61, 2003, located within the Old Palm PCD, is hereby APPROVED on the following described real property, subject to the conditions of approval provided herein, which are in addition to the general requirements otherwise provided by resolution: LEGAL DESCRIPTION THE PLAT OF THE OLD PALM PCD PARCEL C AS RECORDED IN PLAT BOOK 101, PAGES 119 THROUGH 123, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA. SECTION 3. The Major Site Plan Amendment to Parcel C is approved subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: Page 2 of 6 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 46, 201 1 Engineering Department 1. 2. 3. 4. 5. 6. 7. Prior to the issuance of the first building permit for vertical construction for lots 265 NB, 256 NB, 255 NB, and 246 NB, an infrastructure permit will be required for this project. Construction plans, signed and sealed by a professional engineer registered in the State of Florida, shall be submitted for review and approval. (Engineering) The Applicant shall provide to the City a copy of all permit applications, permits, certifications, and approvals. (Engineering) Prior to the issuance of the infrastructure permit or the issuance of the first building permit for the vertical construction for lots 265 NB, 256 NB, 255 NB, and 246 NB, whichever occurs first, the Applicant shall provide itemized cost estimates and surety for the project, in accordance with the LDR Sections 78-309 and 78-461. The itemized cost estimates shall include all public elements for the project for the infrastructure, landscaping, and irrigation costs. The cost estimates shall be dated, signed, and sealed by an engineer and landscape architect registered in the State of Florida. Surety will be based on 110% of the total combined City-approved cost estimates and shall be posted with the City. (Engineering) Prior to the issuance of the Certificate of Completion for the Infrastructure Permit by the Engineering Department or the issuance of the last Certificate of Occupancy, whichever occurs first, the Applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping and light poles to be placed within the utility easements. (Engineering) Prior to the issuance of the Certificate of Completion for the Infrastructure Permit by the Engineering Department or the issuance of the last Certificate of Occupancy, whichever occurs first, the Applicant shall provide to the City copies of the required FDOT testings for review and approval. (Engineering) Prior to the issuance of the Certificate of Completion for the Infrastructure Permit by the Engineering Department or the issuance of the last Certificate of Occupancy, whichever occurs first, the Applicant shall provide the Engineering Department with copies of all permits, permit applications, and Requests for Additional Information (RAls) to and from regulatory agencies regarding issues on all permit applications, certifications, and approvals. (Engineering) The Applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements for construction activities, implementation of the approved plans, and inspection and maintenance of controls during construction. (Engineering) Page 3 of 6 Resolution 46, 201 1 1 2 3 4 5 6 7 8 9 10 11 12 8. The construction, operation, and/or maintenance of any elements of the subject project shall not have any negative impacts on surrounding areas, including, but not limited to, drainage, erosion, sedimentation, and dust. If at any time during the project development it is determined by the City that any of the surrounding areas are experiencing negative drainage or other 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 off-site concerns are resolved. (Engineering) Planning & Zoning 13 14 9. 15 16 17 18 19 IO. 20 21 22 23 11. 24 25 26 27 28 29 12. 30 31 32 33 Prior to the issuance of the first building permit for vertical construction for lots 265 NB, 256 NB, 255 NB, and 246 NB, the Applicant shall schedule a pre-permit meeting with the Planning & Zoning Department. (Planning & Zoning ) Prior to the issuance of the last building permit for vertical construction for Parcel C, all common area landscaping and fountains shall be installed and completed. (City Forester) Approved civil design and architectural drawings, including floor plans, shall be submitted prior to the issuance of the first Certificate of Occupancy for Parcel C. Prior to the issuance of the last Certificate of Occupancy, digital files of all architectural drawings, including floor plans, shall be submitted. (GIs Manager, Development Compliance Officer) Within sixty (60) calendar days from approval of this Resolution, the Applicant shall submit to the Addressing Committee a Residential Addressing Plan for Parcel C so that new addresses may be assigned to the units. (GIs Manager, Development Compliance Officer) 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 4. The following conditions contained in Resolution 61, 2003 shall be modified as follows (for purposes of clarity, the below conditions are numbered to correspond to those contained in Resolution 61, 2003): (new language is underlined and language to be deleted is fkrdceR) 4. Prior to the issuance of the final Building Permit for vertical construction Parcel C, the required street trees shall be field located to avoid conflicts between lights and landscaping, including long-term tree canopy growth. (Planning & Zoning, Police) .. .. for 8. All development shall comply with the Residential Sinale-Familv (Custom) Architectural and Landscape Design Guidelines for the Old Palm Golf Club ParcelsCP,, E?, zwd-€- (Exhibit 3B). (Planning & Zoning) Page 4 of 6 Resolution 46, 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 SECTION 5. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following four (4) waivers: 1. Section 78-141. Table IO: Property Development Regulations, Front Building Setback, to allow a front building setback of 20 feet for the portion of the home with a garage opening facing the right-of-way. 2. Section 78-141. Table IO: Property Development Regulations, Side (Facing Street) Setback, to allow a side-loaded or side-facing elevation to be setback 15 feet from the right-of-way on lots 265B, 256A, 255B, and 246A. 3. Section 78-141. Table IO: Property Development Regulations, Side Setback, to allow a side setback of 10 feet for buildings, pools, spas, and screen enclosures for lots 246NB, 255 NB, 256 NB, and 265 NB. 4. Section 78-31 4. Minimum landscape requirements for residential development. to waive the street tree requirements for lots 246B, 255A, 256B, 265A, 270,271,278, 279,286,287, and 294. SECTION 6. This amendment to Old Palm PCD Parcel C is hereby approved subject to strict compliance with the Exhibits attached hereto and made a part hereof as follows: Exhibit 1. Parcel C Overall Site Plan, Sheets SP-02, SP-03.2, and SP-04, prepared by Urban Design Kilday Studios, last revised July 13, 201 1 , and received by the City on July 15, 201 1. Exhibit 2. Cul-de-sac Landscape Plan, Sheets L-3 through L-5, prepared by Lang Design Group, last revised on June 20, 201 1. Exhibit 3. Cul-de-sac Hardscape Plan, Sheet H-4, prepared by Lang Design Group, last revised June 20, 201 1. Exhibit 4. Old Palm Residential Architectural Design Guidelines, prepared by Urban Design Kilday Studios, last revised July 13, 201 1. SECTION 7. All previous waivers and conditions granted with Resolution 61, 2003 and Resolution 20, 2004 shall remain in full force and effect, except as modified in Section 4 of this Resolution. SECTION 8. This Resolution shall become effective immediately upon adoption. Page 5 of 6 Resolution 46. 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 46 4 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 e Glattorney-share\RESOLUTlONSQOl l\Resoiution 46 201 1 - site pian amd - parcel c-old palm.docx Page 6 of 6 Resolution 46, 201 1 EXHIBIT 1 2; STREET -%. P 1- ' ' ""' """ "' ""' I-- ,"-I J. STREET 1'1 / 1 t 1 LI GOLF - MINIMUM BUILDING SETBACK DIAGRAMS N.T.2 n n 0 a 8 : 8 I I 8 1 Y D 0 0 -. 7 0 I .. . .. ...a . .. . r Parcel C .... Old Palm Grande Estates 0 w ..a Palm Beach Gardens, FL 0 +P P? c r c r c P P* 4. . .. .... . .I . Parcel C ...a Old Palm -de Estates 0 . ... Palm Beach Gardens, FL .. . m x v, a, 3 Q g. v, c CT v, U T e 2 0 0 0 v, n S (D e 3 2 0, 0 U (D 3 v, U a, 0 (D : 3 s 0 3 v z CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 11,201 1 Resolution 40, 2011 SubjectIAgenda Item: Resolution 40, 201 1 - Approving insurance benefits with Blue Cross Blue Shield of Florida, Guardian, and Lincoln National for Fiscal Year 201112012 [XI Recommendation to APPROVE 11 Recommendation to DENY Reviewed by: Finance Aplinistrator & Allan Owens Submitted by: Department Director HR Adhnistrator Approved by: L Ronald M. Ferris Originating Dept.: Human Resources Lauren Ferreira Advertised: Date: Paper: PB Post [ ] Not Required Affected parties [ X ] Notified [ ] Not required Costs: $6,167,257 (Total) $ -0- Current FY Funding Source: [ ] Operating [ ]Other NIA Budget Acct.#: 2310 Council Action: [ ]Approved [ ] Approved wl Conditions [ ] Denied [ ] Continued to: Attachments: Resolution 40, 201 1 Meeting Date: August 11,201 1 Resolution 40, 2011 Page 2 of 3 BACKGROUND: The City has provided a self-insured health plan through Blue Cross Blue Shield of Florida (BCBS) since FY2008-09. Monthly expenses are comprised of fixed costs such as stop-loss premiums, administrative fees, and variable costs which are the claims expense. Stop-loss re-insurance quotes were submitted by Symetra, BCBS (Highmark), Sun Life, Optum, Aetna, United Health Care, and Cigna. Cigna had the lowest proposed increase to the stop-loss re-insurance rates at 5%. However, the proposal would limit the payment of claims incurred prior to October 1, 2011, to $500,000 (Run-In Cap), and as a result, the City would assume financial responsibility for claims over $500,000. Symetra had the second lowest proposed increase to the stop-loss re-insurance rates at 9%. Staff proposes continuing stop-loss re-insurance with Symetra. The administrative fee, which is the second component of the fixed costs, increased slightly from $48.00 to $49.29 per employee per month as anticipated and outlined in the BCBS renewal. To note, this is the first time in four (4) years we have had an administrative fee increase. As a result, total fixed costs (comprised of stop-loss and administrative fee costs) for FY 201 1-1 2 will increase by 6%. The FY 2010-1 1 medical claims are averaging $378,000 per month which is 22% lower than the maximum annual claim liability of $5.7 million. The maximum annual claim liability increased by 9.8% primarily due to medical inflation trending at 11 %. Based on a 6% increase in total fixed costs, claims experience trending 22% lower than the maximum liability, and the opening of the on-site Employee Health and Wellness Center, staff has projected a 6.5% increase in overall medical expenses for the FY 201 1-1 2 budget. This projected increase represents approximately half of the normal medical inflation rate. Employee contributions for family coverage will remain unchanged for FY 2011-12. Staff proposes that the City continue with current HMO, PPO, and HSA plans through a self-funded program with BCBS. Attached as Exhibit A is a copy of the Renewal Rate Analysis. In an effort to curtail medical cost increases, the City implemented an on-site Employee Health and Wellness Center, which began operation on April 25, 2011. The Center offers primary care type services, including urgent and routine doctor visits, physicals, chronic disease management, medications, health risk assessments, lab work normally handled by family practitioners, health coaching and education, and certain employment and occupational health services. Since the Center opened, 147 Health Risk Assessments have been performed for employees and their covered dependents, which will assist in identifying and targeting chronic diseases before they turn into costly and potentially serious medical conditions. With the establishment and use of the City’s Center for employee/family general medical and wellness services, claims are expected to decrease by 5%, and cost savings are anticipated for prescriptions that can be obtained at a discounted rate of 20% lower than retail pharmacies. Additional savings on specific premiums may be possible at the FY2012-13 renewal once a full year of the Center utilization, outcomes, and claims experience become available for analysis. Meeting Date: August 11,201 1 Resolution 40, 2011 Page 3 of 3 The City currently offers self-insured dental coverage through Guardian, who has acted as the third party administrator for the City’s self-funded dental program. Due to the City’s trend of relatively low dental claims, the $7.00 per employee per month administrative fee will continue through FY 201 1-12. The Guardian has projected a 5% reduction in the FY 2011-12 claims expense over the prior year. The renewal letter from Guardian is attached as part of Exhibit A. Lincoln Financial will continue to provide group life, accidental death and dismemberment, dependent life, and long-term disability insurance coverage as there are no plan or rate changes for FY 2011-12. Attached as part of Exhibit A is a copy of the renewal letter for the aforementioned insurance plans extending the rate guarantee through September 30, 2012. STAFF RECOMMENDATION: Staff recommends approval of Resolution 40, 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 40,2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE RENEWALS OF BLUE CROSS BLUE SHIELD OF FLORIDA, POLICY NUMBER 91062, GUARDIAN POLICY NUMBER 407008, AND LINCOLN FINANCIAL POLICY NUMBERS 000010074146 AND 000010074147, FOR FISCAL YEAR 201 1/2012; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City of Palm Beach Gardens maintains a policy with Blue Cross Blue Shield of Florida to provide health insurance benefits for its employees; and WHEREAS, said policy provides for renewal effective October 1 201 1 ; and WHEREAS, the City Council desires to approve Blue Cross Blue Shield of Florida, Policy Number 91062 for Fiscal Year 201 1/2012; and WHEREAS, the City of Palm Beach Gardens maintains a policy with Guardian who has acted as the third-party administrator for the City’s self-funded PPO dental insurance benefits for its employees; and WHEREAS, said policy provides for renewal effective October 1, 201 1 ; and WHEREAS, the City Council desires to renew Guardian Policy Number 407008 for Fiscal Year 201 1/2012; and WHEREAS, the City of Palm Beach Gardens maintains a policy with Lincoln Financial to provide Group Life, Accidental Death and Dismemberment, Dependent Life, and Long-Term Disability insurance benefits for its employees; and WHEREAS, said policies provide for renewals effective October 1, 201 1 ; and WHEREAS, the City Council desires to renew Lincoln Financial Policy Numbers 000010074146 and 000010074147 for Fiscal Year 201 1/2012; 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: Page 1 of 3 Resolution 40, 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 SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens hereby approves the renewals of Blue Cross Blue Shield of Florida, Policy Number 91062 and its affiliated partner, Symetra Financial for Fiscal Year 201 1/2012 at the rates reflected in the official renewal letters from Blue Cross Blue Shield of Florida dated June 26, 2010, and Symetra Financial dated, June 27, 201 1, attached hereto as Exhibit "A." SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the renewals of Guardian Policy Number 407008, and Lincoln Financial Policy Numbers 000010074146 and 000010074147 for Fiscal Year 2011/2012 at the rates reflected in the official renewal letters from Guardian dated May 31, 2011, and the official renewal letter from Lincoln Financial dated June 23, 2011, 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 45 46 47 Resolution 40, 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\RESOLUTlONSUOl l\Resolution 40 201 1 - bcbs guardian lincoln renewal-201 1-12.doc Page 3 of 3 Resolution 40, 201 1 EXHIBIT “A” 3~ MET RA,, Symetra Life Insurance Co. 7300 Corporate Center Drive, Suite 205 Miami, FL 33126-1222 Watts 800-352-0042 Voice 305-71 5-61 45 Cell 305-632-5694 E - Mail: Eric.Hicks@Syrnetra.com To: Lillie Kunkel At: Adams Stop Loss Renewal Employers Name: City of Palm Beach Gardens State: FL Third Party Administrator: BCBSFL Proposed Renewal Date: Proposal Valid To: Prepared By: Eric Hicks Date: June 27, 201 1 October 1,201 1 August 15,201 1 An g rega te Factors Our evaluation the paid claim experience indicates a 6.7% increase to the current aggregate factor at the 180K Specific level. Current factor = 1100.76. Renewal factor = 1 174.24. The renewal factors at 200K specific of 1184.01 represent a 7.5% increase. Specific Stop Loss 0 Current composite rate at $180K: $53.87 0 Renewal composite rate at $1 80K: $67.11 +24.5% 0 Renewal composite rate at $200K: $59.40 +I 0.3% The 24.5% increase is due to medical trend. Aggregate Stop Loss 0 0 The renewal rate of $1 0.00 at 180K specific represents no change from the current rate. The renewal rate of $10.00 at 200K specific represents no change from the current rate. Contingencies 1. A Plan Document (if plan changes are implemented). 2. A census of final enrollment. Ratedfactors are subject to revision if final enrollment varies more than 15% from proposal assumptions. 3. Paid claims experience through June, 201 1. 4. We assume continuation of the current schedule of benefits. Symetra Life Insurance Company 1 Group Division 777 10dh Avenue NE, Suite 1200 1 Bellevue, WA 98004-5135 . w.svmetra.com SYMETRA FINANCIAL Excess Loss Carrier: Syrnetra Life Insurance Company I Proposed Coverage for: City of Palm Beach Gardens Effective From: 10/1/11 to 9130/12 HMO BO HSA Assumed Enrollmen NO Single 68 97 5 Family 143 125 1 21 1 222 6 Mgregate Excess Loss Insurance Aggregate Excess Loss: Maximum Reimbursement $1,000,000 Covered Benefits: Aggregate Margin: 20% Reimbursement Percentage: 100% Medical and Prescription Drugs Monthly Factors Single 508.84 703.79 431.83 Family 1,420.76 1,648.72 1,205.76 Estimated Annual Aggregate Deductible $2,853,236 $3,292,300 $40,379 Claims Basis 2411 2 24/12 24/12 Monthly Rates Composite 10.00 10.00 10.00 Estimated Annual Premium $25,320 $26,640 $720 Specific Excess Loss Insurance Reimbursement Percentage: 100% Covered Benefits: Medical and Prescription Drugs Un I i m i ted Un I im ited Un I i m i te d Lifetime Maximum (per person) Specific Deductible per Individual $1 80,000 $1 80,000 $1 80,000 Monthly Rates Single 35.91 35.91 35.91 Family 86.83 86.83 86.83 Estimated Annual Premium $1 78,298 $172,042 $3,197 Claims Basis 2411 2 24/12 2411 2 Total Estimated Cost $3,056,854 $3,490,981 $44,296 Syrnetra Life Insurance Company 9 Group Division 1 777 108'h Avenue NE, Suite 1200 = Bellevue, WA 98004-5135 1 www.svmetra.com SYMETRA FINANCIAL Excess Loss Carrier: Symetra Life Insurance Company I Proposed Coverage for: City of Palm Beach Gardens Effective From: 10/1/11 to 9130112 HMO BO HSA Assumed Enrollmen NO Single 68 97 5 Family 143 125 1 21 1 222 6 Aggregate Excess Loss Insurance Aggregate Excess Loss: Maximum Reimbursement $1,000,000 Covered Benefits: Aggregate Margin: 20% Reimbursement Percentage: 100% Medical and Prescription Drugs Monthly Factors Single 513.07 709.65 435.42 Family 1,432.57 1,662.44 1,215.79 Estimated Ann ua I Aggregate Deductible $2,876,967 $3,319,682 $40,715 Claims Basis 2411 2 2411 2 24/12 Monthly Rates Composite 10.00 10.00 10.00 Estimated Annual Premium $25,320 $26,640 $720 Specific Excess Loss Insurance Reimbursement Percentage: 100% Covered Benefits: Medical and Prescription Drugs Lifetime Maximum (per person) Unlimited Unlimited Unli m i ted Specific Deductible per Individual $200,000 $200,000 $200,000 Monthly Rates Single 31.79 31.79 31.79 Family 76.85 76.85 76.85 Estimated Annual Premium $1 57,803 $152,266 $2,829 Claims Basis 24/12 2411 2 24/12 Total Estimated Cost $3,060,091 $3,498,588 $44,264 Symetra Life Insurance Company Group Division - 777 Avenue NE, Suite 1200 Bellevue, WA 98004-5135 = www.svmetra.com 0 5 i L b wo ,69690 'I"" - 69-67 b W ID b ~~ ~ ~ ~ ~~~~~~~~ ~~~ ANDY CARROLL I StrateglcAccount Executive, Public Sector Telephone: 407-833-7703 Facsimile: 904-301-1 605 June 26,2010 Dave Adams Adams LaRocca 600 Corporate Drive, PH 650 Fort Lauderdale, FL 33334 RE: THE CITY OF PALM BEACH GARDENS ADMlNlSTRATlON REOUCTION Dear Dave: As you know, BCBSF and The City of Palm Beach Gardens (CPBG) are currently in a multi-year contract that extends thru 9/30/2012. This contrad was agreed to in 2008 and amended adain last year, when the economic environment was much different than it is today. Bewuse of our partnership with you and the CPBG, BCBSF wants to do everything thaf we can to help out valued customeis when they need us the most. At renewal, w@ are proposing a administrative fee hold. This would be the third consecutive year without an increase in our fee. In addition to the fee hold, we have also guaranteed an additional year as well. Listed below are the details of the proposal: UDdated Fee m 1011/10 - 9/30/2011 $48.00 1 Oltll 1 - 9/30/2012 1 011 /’I 2 - 91301201 3 $49.29 550.62 I All the other terns and cmditlons of the current contract will remain in place. Knowing that they ate with the carrier that provides tfiem with the lowest net cost to their plan, we are hoping that you and the CPBG would be excited about this proposal. I look forward to answering any quesfions that you may have about this once you have had an opportunity to review it In more detail. Respectfully, 61 0 CresCent Executive Court Suite 800 Lake Mary, FL 32746 GUARDIAN It's renewal time for CITY OF PALM BEACH GARDENS CONTACT: LAUREN FERREIRA 10500 N MILITARY TRAIL PALM BEACH GARDENS, FL 33410 GROUP #: 407008 RENEWAL DATE: October 01,201 1 May 31,201 1 Dear Guardian Broker: To assist you in consulting with your client on their upcoming renewal, the enclosed package provides some useful information on their Guardian plan@) during the past year. This includes your client's renewal rates, which have been determined based on a number of factors such as: Employee age and gender Changes in group size Group location Claims experience by coverage Help ensure for a smooth renewal If your client would like to make changes to their plan, please advise Guardian as soon as possible so that we can process the plan amendments before the renewal date and avoid any potential disruption in plan service. Want to save your client more? Check with your local Guardian Sales Office for alternative plan designs to help further reduce costs. Also, ask about Guardian's multi-line discounts as another potential way to save. Need assistance? Please contact your local Guardian Sales Office at (813) 472-6080 I(800) 282-6908 with any questions on this renewal or if you need additional information. Thank you for your continued partnership and we look forward to working with you over the coming year. DENTAL LIFE DISABILITY MEDICAL CRITICAL ILLNESS SECTION 125 VISION ~ The Guardian Life Insurance Company Of America 7 Hanover Square, New York, NY 10004-4025 201 1-7284 TABLE OF CONTENTS CITY OF PALM BEACH GARDENS 407008 Exhibit # Description Cost summary of current and renewal rates Summary of rate action Derivation of trend factor for all coverages Experience summary for all coverages Important Notices Glossarv of terms GUARDIAN" EXHIBIT I CITY OF PALM BEACH GARDENS 407008 COST SUMMARY SUMMARY OF CURRENT & RENEWAL RATES AS0 Fee Expected Claims Budget 436 Employees 436 Employees $7.00 $36,624 $65.53 $32,853 $7.00 $62. I a $36,624 $325,326 AS0 COBRA1 138 EE Only $29.74 $49,249 $27.78 $46,004 Rates 298 EE&Deps $94.60 $338,290 $88.36 $315,975 $387,539 $361,979 If Guardian Anytime (E-Bill) or Electronic Eligibility is selected, subtract $0.15 from your AS0 fee. 'AS0 COBRA Rates are your suggested premium rates for those employees who elect continuation under COBRA. You, as the employer, have the right to charge an additional 2% as an administrative fee.These rates do not reflect the cost we'd charge for a fully-insured dental plan with Guardian. If you would like a quote to convert to a fully-insured program, please contact your agent or our regional sales office. Expected claims budget is a projection of paid claims based on your group size, composition and previous claims history. 0511 61201 1 GUARDIAN 2:06 PM EXHIBIT 2 CITY OF PALM BEACH GARDENS 407008 SUMMARY OF RATE ACTION EFFECTIVE 10101111 EXPERIENCE PERIOD 04/01/10 - 04/01/11 DENTAL AS0 *Annual Trend: 6.5% for Dental ASO. Trend is determined on a mid-point basis. About the "Summary of Rate Action" exhibit: This exhibit shows how we determined the most accurate projection of the plan utilization for the upcoming renewal year to determine the renewal premiums. To determine the claims projection we use this plan's actual claims experience and may also blend that with the average experience of groups with similar demographics that are also covered by Guardian. For more Information on this exhibit, please refer to the Glossary of Terms at the end of this package. GUARDIAN" 05/16/2011 2:06 PM EXHIBIT 3 CITY OF PALM BEACH GARDENS 407008 DENTAL AS0 - DERIVATION OF TREND FACTOR ' Current .t Paid Period 41112010-4l1n011 b - r I 10101110 I I Midpoint of experience period I Midpoint of rating period I 04101112 I Months from midpoint to midpoint 18.0 Annual trend factor 6.5% 6 month trend factor 3.3% Trend factor from midpoint of experience period to midpoint 10.0% of rating period (1.065 x 1.033 = 1 .loo) 18.0 months from midpoint to midpoint 04101110 10101110 04101111 Midpoint Experience Period 4 About the "Derivation of Trend" exhibit: 10101111 04101 I1 2 Midpoint 1 0101 I1 2 Rating Period This exhibit provides detail regarding how we determined this plan's "Claims Trend" shown in the "Summary of Rate Action" exhibit. "Annual trend factor" is calculated based on a 12-month period of time. However, because renewal notification takes place in advance of the actual renewal date, there are more than 12 months between the Claims Experience period and the renewal rating period. In order to properly project Claims Trend for this plan, Guardian calculates the trend using a mid-point trend factor. The mid- point factor calculates the number of months from the middle of the claims experience period being used to evaluate current claims cost and projects forward to the middle of the period for which the new plan rates will be in effect. This results in a period of time greater than 12 months and thus, the annual claims trend factor is then adjusted to the actual number of months between these two periods. GUARDIAN" 0511 61201 1 2:06 PM EXHIBIT 4 CITY OF PALM BEACH GARDENS 407008 EXPERIENCE SUMMARY DENTAL AS0 TOTAL: I $38,514 1 $302,570 I 5377 I NIA NOTE: Where multiple premium payments are received in a month, premium amounts are allocated to the month in which the premium was due. 05/16/2011 GUARDIAN" 2:06 PM EXHIBIT 5 CITY OF PALM BEACH GARDENS 407008 IMPORTANT NOTICES Dental AS0 Plan - Cost Savlnas Summary The chart below compares the administrative fees for your Dental plan with the claims savings you experienced by utilizing Guardian's PPO Dental network and industry leading claims administration system. ANNUAL ASO FEES") $36,624 $1 37,083 PPO CLAIMS SAVINGS (*) DRL CLAIMS $46,686 EFFECTIVE ANNUAL AS0 COST $147,145 /1) ANNUAL AS0 FEES See Exhibit 1. Our AS0 fees are comprehensive. The fees include: claims administration including pre-authorization actuarial 8, underwriting services including claims access to PPO discounts electronic eligibility updates IDcards billing services 0 employee benefit booklets toll-free planholder and member customer service administrative forms enrollment meeting support claim reports adjudication, and a toll-free customer service line analysis, benefit design recommendations, and rates phone lines 12) PPO CUI MS SAVINGS We are pleased to report that you and your employees saved an average of 37.00% when services were performed by Guardian network dentists. This resulted in savings of $137,083 over the 12 month experience period. During the experience period, 51 .OO% of claims paid were for services performed by Guardian network dentists. J3l DRL (DENTAL REVIEW LOGIC) CLAIMS SAVINGS We are pleased to report that Guardian's Dental Review Logic saved you and your employees 7.00% from dentists' customary fees. This resulted in savings of $46,686 over the 12 month experience period. Guardian's DRL is an automated system of guidelines used to process dental claims. DRL reviews claims at the ADA procedure code level. DRL saves employers money by determining if submitted dental services conform to generally accepted standards of dental practice. Examples of DRL include unbundling, alternate treatment provisions, professional review, etc. Industry research and discussions with clients, prospects, and consultants give us confidence that we have the most sophisticated claim processing logic in the industry. C UA R D 1 AN" 05/16/201 I 2:06 PM EXHIBIT 5 CITY OF PALM BEACH GARDENS 407008 IMPORTANT NOTICES Work-LlfeMattersSM. an EmDlovee Assistance Proararn As an existing Guardian customer, if you add two or more lines of qualified Guardian coverage to your existing plan, you will receive our complimentary service, Work-Life MattersSM, an Employee Assistance Program. Work- LifeMattersSM provides valuable assistance to both employers and employees by providing support services to assist in today's difficult issues. This valuable service will be included at no cost with the addition of two or more qualifed Guardian lines of coverage. Please note that Guardian reserves the right to discontinue this program at any time without notice. 05/16/201 I C UARD I AN 2:06 PM EXHIBIT 6 CITY OF PALM BEACH GARDENS 407008 SUMMARY OF RATE ACTION - GLOSSARY OF TERMS Adjustment for Enrollment Changes Adjustment for Plan Changes Annual Claims Trend An adjustment to claims to account for growth or shrinkage of the insured enrollment. The value used to adjust the paid claims to the current benefit level. For dental, this could include adjustments for deferred services and first- time coverage. The expected increase in claim costs from the experience period to the future rating period. This assessment assumes that claims costs will ' increase due to changes in inflation, utilization, new technology, aging ~ population and cost shifting. Blended Claims from Prior Period Calculated Renewal Action Calculated Renewal Premium Credibility An adjustment to trended incurred claims which is based upon your experience for the period immediately prior to the current period. The percentage increase needed to bring the premium based on current rates up to the required renewal premium. The sum of projected incurred claims, margin, retention and fees. The measurement of the predictability of the paid claim experience for the group. The larger number of exposures (employees and dependents), the more predictable is the recurrence of the experience. An adjustment to claims to account for increase in value of the incurred yet unreported claims. Incurred Claims Adjustment Manual Claims Adjustment for Credibility Mature Adjustment The adjustment to the trended incurred claims for expected manual claims based on the groups specific demographic characteristics. This adjustment reflects an estimate of the claims that were incurred but not reported at the end of the experience period. This adjustment is made on first year cases only and cases with new branches andlor affiliates. Midpoint to Midpoint Trend M The value of annual trend projected by using the midpoint of the experience period to the midpoint of the future rating period. Represents the expected increase in claims costs. Paid Claims Premium Based on Current Rates and Enrollment Renewal Action Retention Undewriting Margin The dollar amount of claims paid (checks issued by Guardian) in the experience period. The premium based on current rates for each coverage multiplied by the average number of employees and dependents covered during the experience period. The final renewal action after underwriter consideration and review. The sum of Guardian's cost to administer your benefit plan and profit charge.(Expenses, Profit and Risk) A charge assessed by the underwriter to address case specific risk considerations. 05/16/2011 GUARDIAN" 2:06 PM Financial Group Lincoln Financial Group is the marketing name for Lincoln National Corporation and its affiliates. June 23,201 1 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Renewal for Policy Number(s): 01-0074146,Ol-0074147 The Lincoln National Life Insurance Company 8801 Indian Hills Drive Omaha, NE 68114-4066 toll free (800) 423-2765 www.LFG.com We are proud to provide your company with quality group products and services at a cost that delivers sound value. Each renewal period, we analyze current benefit and rate structures to determine the appropriate rates for continued group insurance protection for your valued employees. This process includes recalculation of the premium rates to reflect factors like: plan features demographics nature of business experience any adjustments to our underlying rate structure Based upon our review, your renewal rates, effective 10/1/2011, are as follows: The monthly premium shown is based upon current billed lives and volume. We appreciate your business and look forward to the continued opportunity to meet your group insurance needs. If you have any questions or if we can be of further assistance, please contact your local group representative at 1-800-279-4598. Sincerely, Melanie Gaskin Group Underwriting CC: ADAMS BENEFIT CORPORATION 600 CORPORATE DR #650 FORT LAUDERDALE, FL 33334 cc: Chad Gracy This letter serves as a policy amendment and should be kept with your policy. Lincoln Financial Group focuses on making life easier far you by doing business the way you want to do business - via the Web, telephone, IVR, e-mail and fax. We are committed to being there when you need us! Visit us on the web at www.jpfic.com or contact us at 1 (800) 423-2765. I. CITY OF PALM BEACH GARDENS COUNCIL AGENDA August 11,2011 7:OO P.M. /Mayor Levy Vice Mayor Premuroso - *6yur Council Member Russo - w3-r u'Council Member Jablin *Council Member Tinsley PLEDGE OF ALLEGIANCE IT. ROLLCALL fb-fd III. ADDITIONS. DELETIONS. MODIFICATIONS: 36 IV ANNOUNCEMENTS / PRESENTATIONS: a. PRESENTATION OF FIRE RESCUE UFE SAVING AWARD. b. [Page 5) CO-SPONSORSHIP OF THE BIG HEART BRIGADE OF THE PALM BEACHES. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMlTTEE REPORTS: VI. CITYMANAGERREPORT: VIL COMMENTS FROM THE PUBLIC (For Items Not on the Agenda, ~1- submit muest form to the Ci Clerk Drior to this Item1 VIIL CONSENT AGENDA Q& a. /Pane 8) APPROVE MINUTES FROM JULY 19, 2011 CITY COUNCIL 3** MEETING. Ix PUBLIC HEARLNGS: (* Dcsiep.tW OBlS LJudicii Hearing) --Staff Report on Page 15, Ordinance on Pane 181 pR1 7- I-. AN (P READING AND ADOPTON) PROPOSED COMMUIW~M I IUIP ORDINANCE OF THE ClTY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLOFUDA INCREASING ME LOCAL COMMUNICATIONS SERWCES TAX RATE; PRovlDllyG FOR INTENT; PROVIDING FOR INCREASED LOCAL coMMuNK=ATlohls SERVlcES TAX RATE; PROVIDING FOR NOTICE TO ME DEPARTMENT OF REVENUE; PROVIDING A EFFECTIVE RATE; AND FOR OTHER PURPOSES. CWFLCTS CLAUSE AND A SNERABIUTY A kI IStaff Report on Page 21, Ordinance on Paw 23) ORDINANCE 14, 2011 - (Zd READING AND ADOPTION) AMENDING CHAPTER 1. AN ORDINANCE F THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, LORIDA AMENMNG THE ClTy CODE OF ORWNANCES AT CHAPTER 1. RULES OF CONSIRUCTlORJ. AND READWING SAME WfTH FNE (5) NRN DEFINITIONS WHCH SHALL BE INCLUDED AMONG THE EXISTING ER"S OJ ALPHABETICAL ORBER; PRovlOlNG THAT EACH AND EVERY OTHER s" AND SUBS" OF CHAPTER 1. SHALL REMAN IN FUU FORCE AMD €FF€C7 AS PREvlouSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND E ENERAL pR0vISK)Ns. BY REPEAUNG SECTION 1-2. DEFINITIONS AND AuMoRrpl TO m: PRWtlXffi AN €FF€CnVE DATE; AND -FOR OTHER PURPOSES. [Staff Report on Paw 28, Ordinance on Paqe 3r' READING AND ADOPTION) AMENDING ORDINAN~E I, LUIU, eruaiNESS TAX AND REGISTRATION. .MJ ORDINANCE OF THE Crry COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAFTER 66. 86-58. PROFESSIONS; STATE UCENSURE PREREQUISITE TO CITY BUSINESS TAX RECEIPT, AND REAlXFlWG SAME IN ORDER TO COMPLY WITH CHAFTER 205, FLOMM STA-3 FURTHER AMENDING CHAFER 66. BY REPEALING S€CllON 6668 AND READOPTING SAME, AS REVISED, K)R GURWCA-, PROVU"G THAT EACH AND EVERY OTHER SECTION AND suBsEcTK)N OF CHAF7ER 68. SHALL REMAIN IN FORCE AND EFFECT AS WEWOUSLY ADOPTED; PROVIDING A FLCTS CLAUSE, A SNERABlLITY CLAUSE, AND AUTHORITY TO PROPYW AP '='TXThf€ MF AND FOR OTHER PURPOSE? - (2"d rmm. OF THE cm coc)~ OF ORDINANCES BY REPEALING SECTION FRENCHMAN'S CREEK PLANNED COMMUNITY PRqVIw-AN .EFFECTIVE DATE; AND FOR OTHER WRFOSES AS MORE PART#XICARLY DESCRIBED HEREIN, MORE CO RRED TO AS THE VILLAGE SQUARE H W; ALLOWING INCRU\SE TO THE MEDK=AL OFFlCE WARE FOOTAGE ON THE MINOR STE AND LANOSCAPE PLAN MOMFICATONS, AND APPROVI MASTER SlGNAG€ m, PROVKMNG WANERS; PROVI k0NWTK)NS OF APPROVAL; PFKMDING AN EFFECM DATE: AN OTE RJlStaff Report on PaQe 11 0, Resolution on Page 155) RESOLUTION 44,201 1 - OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD) AMENDMENT FOR PARCEL Fl (CLUBHOUSE PARCEL). A RESOLUTION OF THE CITY & OF Crrv of PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PIAN FOR PARCEL F1 (A/K#A lHE CLUBHOUSE PARCEL) L0cATU)wmtlN THE OLD PALM PLANlJED COMMUNITY DEVELOPMENT (ED), G€NERALLY BOUNDED BY PGA BOULEVARD TO THE SOUTH, WESMKXW) GARDEN,s TO THE NORTH, CEMRAL BOULEVARD AND INTERSTATE 95 TO THE EAST, AND FLORIDA'S TURNPtKE TO THE WEST, IN ORDER TO REMOVE FOURTEEN (14) UMBUILT CAWFA UNITS AND TO ADD FOUR (4) TENNIS COURTS IN THEIR PLACE, AS MORE PARTtcucARLY ESCRt0f3 HER"; DELRHJG CERTAlN CONDITIONS OF APPROVU PRCMDING CONMTDNS OF AFPROV& PROVIDING WM€RS; FVZCMM AN EFFECRVE ___ ~ DATE; AND FOR OTHER PURPOSES l '{Staff Report on Page 169, Resolution on Pane 2251 @ESOLUTION 45,2011 FOR PARCEL A (SABAL PALM). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR PARCEL A (AMA SWAL PALM) LOCATED WITHIN THE OLD PALM PLANNED COMMUNITY DElELOPMENT (PCD), GENERALLY BOUNDED BY PGA BOULNARO TO THE SOUTH, WES'IWYX)D GARDENS TO THE NORTH, CENTRAL BOULEVARD AND INTERSTATE 95 TO THE EAST, AND FLORIDA'S TURNPIKE TO THE HIEST, ALLWNG FOR TEN (10) UNBUKT DWEW UNITS DuElED FROM PARCEL F1 TO BE ADDED TO PARCEL A, MODIFYING THE SlTE AND LANDSCAPE PLANS, AND REVISING THE ESGN Gu(DEuNEs foR PARCEL A, AS MORE PARTICULARLY DESCRIBED HEREIN; PRWlOlW CONMTtONS OF APPR*vAl* PfWVWNG AN EFFECTNE DATE: AND FOR OTHER PURPOSES. - OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD) AMENDMENT pw 3A {Staff Report on Paw 249. Resolution on Paae 316) RESOLUTION 46,2077 FB..b FOR PARCEL C (MAJESTY PALM). A RESOLUTION OF THE CITY COUNCIL OF THE Ccry OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR PARCEL C LOCATED UVll" THE OLD PALM PLANNEb COMMclNrrY DRlELOpMEHT 0, GENERALLY BOUNDED BY PGA BOULEVARD TO THE SOUTH, "FOOD GARDENS TO THE NORTH, CENTRAL BOULEVARD AND INTERSTATE 96 TO THE EAST, AND FLORIDA'S TURNPlKE TO ME WEST, IN ORDER TO RELOCATE FOR FOUR (4) UNBWLT MUNG UNITS FROM PARCEL F1 TO PARCEL C2 (MA WESTY PALM), RKX)NFK;URE CERTAIN LOTS, AND REVISE THE DESIGN GUDEllMES K)R PARCU (2, AS MORE PARTICULARLY DESCRIBED HEREIIJ; PfKMDlNG C0NDI"S OF APPROVAL PROVtDcNG WAIVERS; P"3Ahl EFFECTIVE DATE; AND FOR OTHER - OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD) AMENDMENT 3d PI IR-S x RESOLUTIONS: XL XIL taff Report on PaQe 3: RESOLUTION 40,2011 - HEALTH INSURANCE Rt W RESOLUTiON OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE RENONALS OF BLUE CROSS BLUE SHIELD OF FLORIDA, POLICY NUMBER 91062, GUARDIAN POUCY NUMBER 407008, AND LINCOLN FINANCIAL POLICY NUMBERS oooO10074146 AND oooO10074147, FOR FISCAL YEAR 2OllR012; PRoVlwNG AN EFFECTIVE DATE; AND FOR OTHER ITEMS FOR COUNCIL ACllON/DISCUSSION: CITYATTORNEY REPORT Xm. ADJOURNMENT PLEQSE TA&E NOTICE AND BE ADYZSED that if any htemakd party wishes to appeal any decision made by the City Coud with mped to ay mat&r considered at this public hearing, such intacsrcdpasons wilt da racordof thepmceedings and may need to ensure that a verbatim recosvlis mu&, kluding tk tksahuny andev&nce upon which the appeul is to be based In accordance with the Amaicans with DisaHik Act ad secbion 28426, FIorido strcbrtes, in oyder to partkipate in this at 110 cost Pyease call the City persons with disabilities netding spexial- pmdng am entidadto thepnkion ofcatrdrr apFistDlLcc ~~s~atS6l-~l22110Ida~SdqpJppiOrto~~ngift~assistanCeis required For hearing impaid as&amx, pkse call the FIorido Reloy Service Numbers: 800-955-8771 (TDD) OT 8W9S5-8770 (VOICQ. NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. /I. -1. CITY OF PALM BEACH GARDENS COUNCIL AGENDA August 11,2011 7:OO P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Tinsley PLEDGE OF ALLEGIANCE ROLL CALL WII. ADDITIONS, DELETIONS, MODIFICATIONS: L/fV ANNOUNCEMENTS / PRESENTATIONS: 3-0 Ja. PRESENTATION OF FIRE RESCUE LIFE SAVING AWARD. pv~~. / BEACHES. /Paae 5) CO-SPONSORSHIP OF THE BIG HEART BRIGADE OF THE PALM ITEMS OF RESIDENT INTEREST AND BOARDICOMMITTEE REPORTS: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit reauest form to the Citv Clerk prior to this Item) 3--0 dIII. CONSENT AGENDA: a. /Pane 8) APPROVE MINUTES FROM JULY 19, 2011 CITY COUNCIL MEET1 NG. IX. 3 -6 PUBLIC HEARINGS: (* Desimates Quasi-Judicial Hearing) a. jstaff Report on Pane 15, Ordinance on Pane 18) ORDINANCE 13, 2011 - (2nd READING AND ADOPTION) PROPOSED COMMUNICATION TAX. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR INCREASED LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. lstaff Report on Pane 21, Ordinance on Pane 23) ORDINANCE 14, 2011 - (2”d READING AND ADOPTION) AMENDING CHAPTER 1. AN ORDINANCE OF THE CITY COUNCIL OF’THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 1. RULES OF CONSTRUCTION. AND READOPTING SAME WITH FIVE (5) NEW DEFINITIONS WHICH SHALL BE INCLUDED AMONG THE EXISTING DEFINITIONS IN ALPHABETICAL ORDER; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 1. 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. GENERAL PROVISIONS. BY REPEALING SECTION 1-2. DEFINITIONS AND lstaff Report on Pane 28, Ordinance on Pane 30) ORDINANCE 15,201 1 - (2nd READING AND ADOPTION) AMENDING ORDINANCE 7, 201 0, BUSINESS TAX AND REGISTRATION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 66. TAXATION. OF THE CITY CODE OF ORDINANCES BY REPEALING SECTION BUSINESS TAX RECEIPT. AND READOPTING SAME IN ORDER TO COMPLY WITH CHAPTER 205, FLORIDA STATUTES; FURTHER AMENDING REVISED, FOR CLARIFICATION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 66. 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. 66-58. PROFESSIONS; STATE LICENSURE PREREQUISITE TO CITY CHAPTER 66. BY REPEALING SECTION 66-68 AND READOPTING SAME, AS d. *lStaff Report on Pane 34, Resolution on Pane 48) RESOLUTION 38, 2011 - FRENCHMAN’S CREEK PLANNED COMMUNITY DEVELOPMENT (PCD) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MAJOR SITE PLAN AMENDMENT TO THE FRENCHMAN’S CREEK PLANNED COMMUNITY DEVELOPMENT (PCD) TO ALLOW AN EIGHT (8) FOOT PERIMETER FENCE TO BE LOCATED AROUND THE ENTIRE PCD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e a 3/ */Staff Report on Pane 61, Resolution on Pane 89) RESOLUTION 43, 201 1 - VILLAGE SQUARE I4 PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE PLANNED LAND GENERALLY LOCATED SOUTH OF RCA BOULEVARD, WEST OF PROSPERITY FARMS ROAD, AND ADJACENT TO THE VILLAGE SQUARE PUD, AS MORE PARTICULARLY DESCRIBED HEREIN, MORE COMMONLY REFERRED TO AS THE “VILLAGE SQUARE II PUD”; ALLOWING FOR AN INCREASE TO THE MEDICAL OFFICE SQUARE FOOTAGE ON THE SITE, MINOR SITE AND LANDSCAPE PLAN MODIFICATIONS, AND APPROVING A MASTER SIGNAGE PROGRAM; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. UNIT DEVELOPMENT (PUD) SITE PLAN FOR THE 2.57-ACRE PARCEL OF f. 7 *fStaff Report on Pane 110, Resolution on Page 155) RESOLUTION 44,201 1 FOR PARCEL F1 (CLUBHOUSE PARCEL). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR PARCEL F1 (NWA THE CLUBHOUSE PARCEL) LOCATED WITHIN THE OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD), GENERALLY BOUNDED BY PGA BOULEVARD TO THE SOUTH, WESTWOOD GARDENS TO THE NORTH, CENTRAL BOULEVARD AND INTERSTATE 95 TO THE EAST, AND FLORIDA'S TURNPIKE TO THE WEST, IN ORDER TO REMOVE FOURTEEN (14) UNBUILT CASITA UNITS AND TO ADD FOUR (4) TENNIS COURTS IN THEIR PLACE, AS MORE PARTICULARLY DESCRIBED HEREIN; DELETING CERTAIN CONDITIONS OF APPROVAL; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. - OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD) AMENDMENT *lStaff Report on Page 169, Resolution on Page 225) RESOLUTION 45,201 1 FOR PARCEL A (SABAL PALM). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR PARCEL A (NWA SABAL PALM) LOCATED WITHIN THE OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD), GENERALLY BOUNDED BY PGA BOULEVARD TO THE SOUTH, WESTWOOD GARDENS TO THE NORTH, CENTRAL BOULEVARD AND INTERSTATE 95 TO THE EAST, AND FLORIDA'S TURNPIKE TO THE WEST, ALLOWING FOR TEN (10) UNBUILT DWELLING UNITS DELETED FROM PARCEL F1 TO BE ADDED TO PARCEL A, MODIFYING THE SITE AND LANDSCAPE PLANS, AND REVISING THE DESIGN GUIDELINES FOR PARCEL A, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. - OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD) AMENDMENT h. *JStaff Report on Page 249. Resolution on Page 316) RESOLUTION 46, 201 1 FOR PARCEL C (MAJESTY PALM). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR PARCEL C LOCATED WITHIN THE OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD), GENERALLY BOUNDED BY PGA BOULEVARD TO THE SOUTH, WESTWOOD GARDENS TO THE NORTH, CENTRAL BOULEVARD AND INTERSTATE 95 TO THE EAST, AND FLORIDA'S TURNPIKE TO THE WEST, IN ORDER TO RELOCATE FOR FOUR (4) UNBUILT DWELLING UNITS FROM PARCEL F1 TO PARCEL C2 (NWA MAJESTY PALM), RECONFIGURE CERTAIN LOTS, AND REVISE THE DESIGN GUIDELINES FOR PARCEL C2, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. - OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD) AMENDMENT X. RESOLUTIONS: a. {Staff Report on Pane 335, Resolution on Pane 3381 RESOLUTION 40, 201 1 OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE RENEWALS OF BLUE CROSS BLUE SHIELD OF FLORIDA, POLICY NUMBER 91062, GUARDIAN POLICY NUMBER 407008, AND LINCOLN FINANCIAL POLICY NUMBERS 000010074146 AND 000010074147, FOR FISCAL YEAR 2011/2012; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. - HEALTH INSURANCE RENEWAL. A RESOLUTION OF THE CITY COUNCIL JXI. ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADWSED 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: 800-955-8 771 (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. CITYCOUNCILMEE"INGOQnl/ll PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS ADDITIONS: DELETIONS: MODIFICATIONS: NONE Under Item IV. ANNOUNCEMENTSLPRESENTATIONS ITEM B. CO-SPONSORSHIP OF THE BIG HEART BRIGADE OF THE PALM BEACHES. THE EVENT HAS BEEN CANCELLED. NONE e n ip 4 ; L. L L z 3 m a. Y 0 4 a L. Y m Y d 0 Y m 4 er 0 B a e 0 3 3 cb Y 'b CP E cc m u CD z 2 W m M U d z U M 7 2 s 0 Y zc cc m CD 3 m 0 Y 05 Y cc er L. 2 E 0 6 05 * 0 05 ;t, m 3 a m m 5- C. z 4 M 2 cl n cd n U W s * 3. CD 2 s CD 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. CORlRlENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL :PLEASE PRINT MEETING DATE: 6 / // 1 lo// NAME: sff Lc/c, I& ADDRESS: FY? J&!f /9m CITY: fih /3ce-CXGw& ZIP: 33 Y/@ SUBJECT: &vms,~&Ln/ f %o*tc 7c4r Ps7Q- ole$). 13. ITEM ON THE AGENDA: YES:$ NO: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. Please deliver a completed card to the City Clerk prior to addressing the City Council. Each speaker will be given three (3) minutes -subject to change. *Cards Will be returned if the subject is not specific, legible or fields are left blank. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: I6 *. h 41 City: P”; f.c ‘3 3WF Subject: 4’ 13, Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: dhfio ! City: 4 Subject: 0 l3,2dl! Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: City: rs+ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print City: RG., @ 33YP Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print 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. 2- Tom Rice Sr., LCAM Business Manager ST. PATRICK CHURCH 13591 Prosperity Farms Rd. Palm Beach Gardens, FL 33410 561 -626-8626 Fax 561 -622-6471 email: tomQstpatrickchurch.org July 29,2011 Office of the Clerk CRy of Palm Beach Gardens City Hall 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: Petition Number SPUI-11-05-000025 - Frenchman’s Creek Site Plan Amendment Planning, Zoning & Appeals Board To All Concerned: The attached a copy of correspondence was sent to Frenchman’s Creek Mice of Administration and Land Design South. It is self explanatory. The additional landscape material has been installed and will grow to hide the fence and the area where so much natural vegetation was removed. Sincerely ~ ,__ .. . f TOM RICE SR. Business Manager Visit our website: www.stpatrickchurch.org ST. PATRICK CHURCH 2549 Hope Lane West Palm Beach Gardens, Florida 33410 (56 1) 626-0626 July 29,2011 Mr. Bernard F. Polselli Assistant General Manager FRENCHMAN’S CREEK COUNTRY CLUB 13495 Tournament Drive Palm Beach Gardens, FL 33410 RE: Landscape Materials - North Side of Property Dear Mr. Polselli: I would like to express my sincere appreciation to you and the community of Frenchman’s Creek for responding to our request to install landscape materials along the north property line of our property. As you know, when the area was cleared for planning the proposed additional fence, it created an unattractive situation. Your cooperation in adding the hedge materials will address the problem. I appreciate too, the ongoing cooperation between Frenchman’s Creek and St. Patrick Parish. Sincerely Fr. Brian Flanagan, Pastor cc: Land Design South, Clerk‘s Office, City of Palm Beach Gardens