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HomeMy WebLinkAboutAgenda Council Agenda 030410 CITY OF PALM BEACH GARDENS COUNCIL AGENDA March 4, 2010 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: CITIZEN RECOGNITION – TAMMY CAMP. 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 3) APPROVE MINUTES FROM FEBRUARY 4, 2010 CITY COUNCIL MEETING. b. (Page 7) APPROVE MINUTES FROM FEBRUARY 18, 2010 CITY COUNCIL MEETING. c. (Staff Report on Page 12, Resolution on Page 14) RESOLUTION 8, 2010 - TEMPORARY CONSTRUCTION EASEMENT TO BE GRANTED TO PALM BEACH COUNTY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE THREE (3) QUIT-CLAIM DEEDS TO CONVEY CITY-OWNED PROPERTY TO PALM BEACH COUNTY AND TO EXECUTE TWO (2) TEMPORARY CONSTRUCTION EASEMENTS WHICH GRANT LIMITED EASEMENTS OVER CITY-OWNED PROPERTY TO PALM BEACH COUNTY IN ORDER TO FACILITATE THE WIDENING OF MILITARY TRAIL NECESSARY TO ACCOMMODATE AN ADDITIONAL SOUTHBOUND LEFT-TURN LANE ONTO BURNS ROAD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Russo Vice Mayor Levy Council Member Jablin Council Member Barnett Council Member Premuroso IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. (Staff Report on Page 40, Ordinance on Page 92) ORDINANCE 1, 2010 – (2ND READING AND ADOPTION) - TEXT AMENDMENT TO THE CAPITAL IMPROVEMENTS ELEMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTIONS 163.3177 AND 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A CITY-INITIATED AMENDMENT WHICH PROVIDES FOR THE ANNUAL UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS SCHEDULE WITHIN THE CAPITAL IMPROVEMENTS ELEMENT, INCLUDING REVISED TEXT NECESSARY TO UPDATE TABULAR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING THAT THE TEXT AND DATA, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT OR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: 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. I 2 3 4 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 CITY OF PALM BEACR GARDENS CITY COUNCIL REGULAR MEETING FEBRUARY 4,2010 The regular meeting was called to order at 7:Ol p.m. by Mavor Russo. L PLEDGE OF ALLEGIANCE IL ROLLCALL PRESENT Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin, Councilmember Jodv Barnett. Councilmember Robert Premuroso ABSENT: None. III. ADDITIONS. DELETIONS. MODIFICATIONS None. IV. ANNOUNCEMENTS AND PRESENTATIONS Mavor Russo recognized and presented Certificates of Achievement to the members and coaches of the W.T. mer High School Football State Championship team. A brick commemorating the achievement will be pld in Veterans Plaza. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITIXE REPORTS Councilmember Barnett had no report. -m reported attending League of Cities, Workforce Alliance Consortium, hxahatck River Management Coordinating Council, and Community Aesthetics Advisory Board meetings and the success of the Adopt- A-Street program. Councilmember Rcmmmso attended a Budget Oversight Committee meeting, will attend the Historical Society meeting next Wednesday and announced the opening of baseball and softball seasons. Councilmember Jabh reported attending a Scripps Research Institute reception at The Gardens Mall. Mavor Russo reported attending an Intergovernmental meeting with the North County cities to discuss pain clinics, stated Palm Beach Gardens City Council’s endorsement of the Inspector General, explained issues exist with the CSX railroad tracks being used tix Amtrak, attended the Northern Palm Beach County Chamber of Commerce Ecowmic Advisory Board meeting, the W.T. Dwyer High School Honor Society induction ceremony, Arti Gfas kickoff meeting and announced the Inner City Youth Golf Annual Dinner where he will be honored as a Community Leader. Councilmember Barnett discussed Waclrenhut CorporatiOn leaving the Ciry and how to spur economic development. VI. CITYMANAGERREPORT None. VIL COMMENTS FROM TEE PUBLIC Carol Estrada, 309 Riverside Drive, Palm Beach Gardens; Eileen Tucker, 1045 Shady Lakes Circle, Palm Beach Gardens; Jon Cbmning, 5520 PGA Boulevard, Palm Beach Gardens. Gre~orv Gibson, 8510 East Gardens Oaks Circle, Palm Beach Gardens; Pat HuPbee 9120 Reed Drive, Palm Beach Gardens; Kenneth Menard, 8510 E. Garden Oaks Circle, Palm Beach Gardens. Councilmember Jablin made a motion Supporting Mr. Clmnninz’s “Wine, Dine & Design” event. Vice Mavor Levy seconded. Motion passed 5-0. MIL CONSENT AGENDA a. Approve Minutes from January 7, 2010 City Council meeting. Councilmember Jablm made a motion for approval of item a. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 02.04.10 PAGE 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 48 Councilmember Barnett seconded. Motion passed 5-0. Vie Mavor Levy recused himself from voting on item b due to possible conflict of interest because he is an adjunct prohsor at Palm Beach Community College. b. Resolution 6, 2010 - Interlocal Agreement with Palm Beach Community College. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement with Palm Beach Community College for professional development training for Fire-Rescue personnel; providing an effective date; and for other purposes. Councilmember Jablio made a motion for approval of Resolution 6,2010. Councilmember Blvnett secwded the don. Motion was approved 4-0 E. The City Clerk read Ordinance 1,2010 and announced a sign-up sheet for anyone wishing to receive information concerning the date of publication of the Notice of Intent by the Department of Community ARGrs. a. Ordinance 1. 2010 - (1st readinrb Text Amendment to tbe CaDital Imorovements Element. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting an amendment to its Comprehensive Development Plan in accordance with the mandates set forth in Sections 163.3177 and 163.3187, d seq., Florida Statutes, pursuant to a City-initiated amendment which provides for the annual update to the fiveyear capital improvements schedule within the capital improvements element, including revised text necessary to update tabular data in the capital Improvements Element; providing that the text and data, as amended or revised, shall be substituted for and replace the existing text or data in the Capital Improvements Element; providw for transmittal to the State Land Planning Agency; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Mavor Rum opened the public hearing. StaEPresentation: Planner Richard Munro. Public Comment: None. Mavor Russo closed the public hearing. Vice Mavor Levy made a motion for approval. Councilmember Jablin seconded. Motion passed 5-0. X RESOLUTIONS None. XL The City Clerk read Ordinance 5,2010. a. Ordinance 5.2010 - Pain clinic. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78. Land Development. by adopting new Subsection 78-159(i)(47.1) and by amending Table 21: Permitted, Conditional and Prohibited Use Chart in order to adopt regulations pertaining to Medical offices; hrther amending Chapter 78 at Section 78-751. Deiinitiins. by repealing the definitions of “Drugstore or Pharmacy”, “Office, Medical or Dental”, and “Wice, Business or Professional” and readopting same, as revised, in order to revise and clarify such definitions; providing that each and every other Section and Subsection of Chapter 78. Land Development. shall remain in full force and effect as previously adopttx& providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Presented Item: Planner Ricbird M.nro. PUBLIC HEARMGS (*Desknates Ouasi-Judicial Hearing) ORDINANCES (For Consideration on First Readin& Clly OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 02.04.10 PAGE 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 Public Comment: Carolvn Chadik, 71 5 Hudson Bay Drive, Palm Beach Gardens. Vice Mavor Levy made a motion for approval. Councilmember Jablin seconded. Motion passed 5-0. XU. ITEMS FOR COUNCIL ACTIONIDISCUSSION a. AIPP (Art in PuMi PLccs~ hwct Fce Moratorium disenssioo lCouncilmember Barnett). Councilmember Barnett explained her economic reasons for requesting the one-year moratorium on Art Impact Fees. Discussion ensued with Council members declining to support a moratorium. Public Comment: Cable Neuhaus, Chair, Art in Public Places Advisory Board, 1106 Vintner Boulevard, Palm Beach Gardens; David Porter, Vice Chair, Art in Public Places Advisory Board, 11 Kintyre Road, Palm Beach Gardens. Xm. CITY ATTORNEY REPORT City Attornev R Max Lobman discussed an ordinance which had been tabled at an earlier meeting amending the occupational License portion of the Code of Ordinance to comply with Chapter 205, Florida Statutes. Vice Mavor Levy made a motion to bring back from the table and reconsider the Ordinance on Occupational License Code. Councilmember Jablin seconded. Motion passed 4-1 with Councilmember Barnett dissenting. (The remainder of this page intentiom@ le) blank) Clpl OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 02.04.10 PAGE 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 xv. ADJOURNMENT Counchembcr Jablin made a motion to adjourn. Motion passed 5-0. The meeting adjourned at 8: 57 p.m. The next regularly scheduled City Council meeting Will be held February 18,2010 Vice &favor Lmy seconded. APPROVED: Joseph R Russo, Mayor David Levy, Vice Mayor Eric Jablin. Councilmember Jody Barnett, Councilmember Robert G. Premuroso, Councilmember A'ITEST Patricia Snider, CMC City Clerk @: These minutes rn prepared in compliance with 286.01 1 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from ihe office ofthe City Clerk. All referenced attachments are on file in the office ofthe City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 02.04.10 PAGE 4 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 02•18•10 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 FEBRUARY 18, 2010 4 5 The regular meeting was called to order at 7:01 p.m. by Mayor Russo. 6 I. PLEDGE OF ALLEGIANCE 7 II. ROLL CALL 8 PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin, 9 Councilmember Jody Barnett, Councilmember Robert Premuroso. 10 ABSENT: None. 11 III. ADDITIONS, DELETIONS, MODIFICATIONS 12 None. 13 IV. ANNOUNCEMENTS AND PRESENTATIONS 14 a. Honda Classic Delegation of Economic Impact. 15 Operations Director Tim Kasher introduced Honda Classic Tournament Director Ed 16 McEnroe and Executive Director Kenneth Kennerly who presented the economic impacts 17 the event has on the community. Mayor Russo thanked Mr. McEnroe and Mr. Kennerly for 18 their work and the contributions made by the Honda Classic. 19 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 20 Councilmember Barnett reported attending the Art in Public Places Advisory Board 21 meeting. Vice Mayor Levy will attend a League of Cities environmental meeting. 22 Councilmembers reached consensus for Vice Mayor Levy to represent the views of the City. 23 Councilmember Jablin reported on the installation of the MacArthur statue. 24 Councilmember Premuroso had no report. Mayor Russo reported attending the Rotary 25 Club, appeared on the Honda Classic radio sh ow, attended Arti Gras, the girls softball 26 opening, the ribbon cutting of the Evergrene bus shelter and commented on the Nicklaus 27 Foundation’s donations for children’s charities. 28 VI. CITY MANAGER REPORT 29 None. 30 VII. COMMENTS FROM THE PUBLIC 31 Roger Blangy, 11658 Hemlock Street, Palm Beach Gardens; Carol Estrada, 309 Riverside 32 Drive, Palm Beach Gardens. 33 VIII. CONSENT AGENDA 34 a. Approve Minutes from January 14, 2010 City Council meeting. 35 b. Approve Minutes from January 21, 2010 City Council meeting. 36 c. RESOLUTION 5, 2010 - AGREEMENT WITH THE CHILDREN’S 37 HEALTHCARE CHARITY, INC. FOR THE 2010 HONDA CLASSIC. A 38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 39 FLORIDA APPROVING AN AGREEMENT WITH THE CHILDREN’S HEALTHCARE 40 CHARITY, INC. FOR THE 2010 HONDA CLASSIC PGA GOLF TOURNAMENT TO 41 PROVIDE TEMPORARY VOLUNTEER PARKING, A PUBLIC SAFETY GRANT FOR 42 OFF-DUTY POLICE AND FIRE PERSONNEL, AND EXCLUSIVE USE OF MIRASOL 43 PARK; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 44 d. RESOLUTION 7, 2010 – APPOINT THE SUPERVISOR OF ELECTIONS AS AN 45 ADDITIONAL MEMBER TO THE CITY’S CANVASSING BOARD. A RESOLUTION 46 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 47 APPOINTING THE SUPERVISOR OF ELECTIONS, OR HER DESIGNEE, AS AN 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 02•18•10 ADDITIONAL MEMBER OF THE CITY OF PALM BEACH GARDENS CANVASSING 1 BOARD; REQUESTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, TO 2 CANVASS ALL ABSENTEE BALLOTS; TO CANVASS THE MUNICIPAL ELECTION; 3 AND TO CONDUCT THE LOGIC AND ACCURACY TESTING FOR ALL ELECTION 4 MACHINERY; AUTHORIZING THE CITY CLERK TO APPOINT ELECTION 5 OFFICIALS FOR THE PURPOSE OF CONDUCTING THE MUNICIPAL ELECTION; 6 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 7 e. PROCLAMATION – FLORIDA SURVEYORS & MAPPERS WEEK. 8 f. PROCLAMATION – HONDA CLASSIC CHAMPION – YE YANG DAY 9 Vice Mayor Levy made a motion for approval of the Consent Agenda. 10 Councilmember Jablin seconded. 11 Motion passed 5-0. 12 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 13 Mayor Russo announced the procedures for tonight’s proceedings. 14 Those preparing to give testimony were sworn in. 15 The City Clerk read Ordinance 2, 2010. 16 a. ORDINANCE 2, 2010 – (2ND READING AND ADOPTION) POLICE OFFICERS’ 17 RETIREMENT TRUST FUND. AN ORDINANCE OF THE CITY COUNCIL OF THE 18 CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 50. POLICE. 19 OF THE CITY OF PALM BEACH GARDENS CODE OF ORDINANCES AT SECTION 20 50-61. DEFINITIONS. BY REPEALING THE DEFINITIONS OF “CREDITED SERVICE”, 21 “POLICE OFFICER”, AND “SALARY” AND READOPTING SAME, AS REVISED; 22 FURTHER AMENDING CHAPTER 50 BY REPEALING SECTIONS 50-82, 50-90, 50-124 23 AND 50-127 AND SUBSECTIONS 50-114(E), 50-118(D), 50-120(B) AND 50-152(D) IN 24 ORDER TO ADOPT PROVISIONS OF THE HEROES EARNINGS ASSISTANCE AND 25 RELIEF TAX ACT OF 2008 INTO THE POLICE PENSION TRUST FUND 26 REGULATIONS AND FOR CONSISTENCY WITH CHAPTER 185, FLORIDA 27 STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND 28 SUBSECTION OF CHAPTER 50. POLICE. SHALL REMAIN IN FULL FORCE AND 29 EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A 30 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 31 EFFECTIVE DATE; AND FOR OTHER PURPOSES. . 32 Mayor Russo opened the public hearing. 33 Staff Presentation: Finance Administrator Allan Owens. 34 Public Comment: None. 35 Mayor Russo closed the public hearing. 36 Vice Mayor Levy made a motion for approval. 37 Councilmember Jablin seconded. 38 Motion passed 5-0. 39 The City Clerk read Ordinance 3, 2010 and Resolution 3, 2010 by title. 40 b. *ORDINANCE 3, 2010 - (2ND READING AND ADOPTION) REGIONS BANK 41 PLANNED UNIT DEVELOPMENT MAJOR CONDITIONAL USE WITH SITE 42 PLAN. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 43 GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE 44 CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF 45 ONE (1) PARCEL OF REAL PROPERTY COMPRISED OF ONE (1) PLATTED LOT 46 TOTALING 1.54 ACRES, MORE OR LESS, IN SIZE LOCATED ON THE NORTH SIDE 47 OF NORTHLAKE BOULEVARD APPROXIMATELY 500 FEET EAST OF I-95, WITH A 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 02•18•10 STREET ADDRESS OF 3855 NORTHLAKE BOULEVARD, INFORMALLY KNOWN AS 1 THE “REGIONS BANK PROPERTY”; PROVIDING THAT THIS PARCEL OF REAL 2 PROPERTY WHICH IS MORE PARTICULARLY DESCRIBED HEREIN SHALL BE 3 ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT 4 (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF CG-1; 5 PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS 6 BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE AND A 7 SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 8 PURPOSES. 9 RESOLUTION 3, 2010 IS A COMPANION ITEM TO ORDINANCE 3, 2010 AND 10 WILL REQUIRE COUNCIL ACTION. 11 RESOLUTION 3, 2010 - REGIONS BANK PLANNED UNIT DEVELOPMENT 12 MAJOR CONDITIONAL USE. A RESOLUTION OF THE CITY COUNCIL OF THE 13 CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE REGIONS BANK 14 PLANNED UNIT DEVELOPMENT (PUD), MAJOR CONDITIONAL USE, AND SITE 15 PLAN IN ORDER TO ALLOW A 3,820-SQUARE-FOOT BANK WITH FIVE (5) DRIVE-16 THRU LANES AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 17 WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE 18 DATE; AND FOR OTHER PURPOSES. 19 Mayor Russo opened the public hearing. 20 No ex parte communication was declared. 21 Staff Presentation: Planner Kathryn Wilson, Planning Manager Natalie Wong. 22 Public Comment: Linda Hughey, 9120 Reed Drive, Palm Beach Gardens. 23 Mayor Russo closed the public hearing. 24 Vice Mayor Levy made a motion for approval and adoption of Ordinance 3, 2010 on second 25 reading. 26 Councilmember Jablin seconded. 27 Motion passed 5-0. 28 Vice Mayor Levy made a motion for approval of Resolution 3, 2010. 29 Councilmember Jablin seconded. 30 Motion passed 5-0. 31 The City Clerk read Ordinance 5, 2010. 32 c. ORDINANCE 5, 2010 – (2ND READING AND ADOPTION) PAIN CLINIC. AN 33 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 34 FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY ADOPTING NEW 35 SUBSECTION 78-159(J)(47.1) AND BY AMENDING TABLE 21: PERMITTED, 36 CONDITIONAL AND PROHIBITED USE CHART IN ORDER TO ADOPT 37 REGULATIONS PERTAINING TO MEDICAL OFFICES; FURTHER AMENDING 38 CHAPTER 78 AT SECTION 78-751. DEFINITIONS. BY REPEALING THE 39 DEFINITIONS OF “DRUGSTORE OR PHARMACY”, “OFFICE, MEDICAL OR 40 DENTAL”, AND “OFFICE, BUSINESS OR PROFESSIONAL” AND READOPTING 41 SAME, AS REVISED, IN ORDER TO REVISE AND CLARIFY SUCH DEFINITIONS; 42 PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF 43 CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND 44 EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A 45 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 46 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 47 Mayor Russo opened the public hearing. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 02•18•10 Staff Presentation: Planner Richard Marrero. 1 Mayor Russo closed the public hearing. 2 Vice Mayor Levy made a motion for approval and adoption of Ordinance 5, 2010 on second 3 reading. 4 Councilmember Jablin seconded. 5 Motion passed 5-0. 6 X. RESOLUTIONS 7 None. 8 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 9 None. 10 XIII. CITY ATTORNEY REPORT 11 None. 12 13 14 15 (The remainder of this page intentionally left blank.) 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 49 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 02•18•10 XV. ADJOURNMENT 1 Vice Mayor Levy made a motion to adjourn. 2 Councilmember Levy seconded. 3 Motion passed 5-0. 4 The meeting adjourned at 7: 47 p.m. 5 The next regularly scheduled City Council meeting will be held March 4, 2010. 6 7 APPROVED: 8 9 10 11 Joseph R. Russo, Mayor 12 13 14 15 David Levy, Vice Mayor 16 17 18 19 Eric Jablin, Councilmember 20 21 22 23 Jody Barnett, Councilmember 24 25 26 27 Robert G. Premuroso, Councilmember 28 29 30 ATTEST: 31 32 33 34 35 Patricia Snider, CMC 36 City Clerk 37 38 39 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 40 the meeting. A verbatim audio record is available from the Office of the City Clerk. 41 All referenced attachments are on file in the Office of the City Clerk. 42 -* - CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 4,2010 Resolution 8,2010 SubjecffAgenda Item: A Resolution authorizing the Mayor to execute three (3) Quit- Claim Deeds to convey City-owned property to Palm Beach County and to execute two (2) Temporary Construction Easements which grant limited easements over City-owned property to Palm Beach County in order to facilitate the widening of Military Trail necessary to accommodate an additional southbound left-turn lane onto Bums Road. Dc] Recommendation to APPROVE I1 Recommendation to DENY Finance Administrator *P-a--Pd DeDartment Director r@t lax o 0, P.E. Nirector of Engineering dvertbed: )ate: aper: u ] Not Required patties :] Notified / - ] Not required Costs:$ NIA (Total) $ NIA Current FY Funding Source: [ ]Operating [XI Other Budge Council Action: [ ]Approved [ ]Approved w/ conditions [ ]Denied [ 1 Continued to: Attachments: Resolution 8. 2010 Meeting Date: March 4, 2010 Resolution 8,2010 BACKGROUND: As part of the Town of Jupiter’s Resolution 68-07 related to the Abacoa Development of Regional Impact, Palm Beach County is required to make intersection improvements, including signalization and turn-lane modifications as warranted. Recent traffic studies indicate the need for a second southbound left-turn lane on Military Trail at Burns Road. In order to accommodate the second southbound left-turn lane, Palm Beach County is requesting that the City convey approximately eight (8) feet of City-owned right-of-way to the County along certain portions of the City’s property. Legal Descriptions 100, 101, and 102 within Composite Exhibit “A” show the specific portions of the right-of-way that Palm Beach County has requested. Additionally, in order for Palm Beach County to construct the proposed intersection improvements, the County is requesting that the City grant a Temporary Construction Easement, approximately five (5) feet in width, along most of the length of the required improvements. Legal Descriptions 401 and 402 within Composite Exhibit “A” describe the specific extent of the Temporary Construction Easements to be granted. These Temporary Construction Easements shall automatically become null and void upon completion of construction by Palm Beach County. Construction is tentatively scheduled for FY 201 1, and Staff anticipates the project will take approximately six (6) months to complete. The DRI requires the improvements be started before December 31.2012. Once completed, the additional turn lane will benefit the residents of Palm Beach Gardens. STAFF RECOMMENDATION: Staff recommends approval of Resolution 8, 2010. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 8,2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO OWNED PROPERTY TO PALM BEACH COUNTY AND TO EXECUTE TWO (2) TEMPORARY CONSTRUCTION EASEMENTS PROPERTY TO PALM BEACH COUNTY IN ORDER TO FACILITATE THE WIDENING OF MILITARY TRAIL NECESSARY LANE ONTO BURNS ROAD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. EXECUTE THREE (3) QUIT-CLAIM DEEDS TO CONVEY CITY- WHICH GRANT LIMITED EASEMENTS OVER CITY-OWNED TO ACCOMMODATE AN ADDITIONAL SOUTHBOUND LEFT-TURN WHEREAS, Palm Beach County is required to make intersection improvements, including signalization and turn-lane modifications related to the Abacoa Development of Regional Impact in accordance with Town of Jupiter Resolution 60-07, Condition 101 which states, "No building permits shall be issued after December 31, 2012 until construction has commenced for the intersection improvement, including signalization modifications as warranted by County or State criteria of Military Trail and Burns Road to include a southbound - second left-turn lane. The above configuration shall be permitted and constructed in accordance with County and State criteria."; and WHEREAS, recent traffic studies indicate the need for a second southbound left- turn lane from Military Trail onto Burns Road; and WHEREAS, to accommodate the second southbound left-turn lane, Palm Beach County is requesting that the City convey approximately eight (8) feet of City-owned right-of-way to the County along certain portions of the City's property; and WHEREAS, to effectuate conveyance of the property to Palm Beach County, it is necessary for the City to execute three (3) Quit-Claim Deeds; and WHEREAS, to cany out the proposed intersection improvements, the County is requesting two (2) Temporary Construction Easements, approximately five (5) feet in width, along most of the length of the improvements; and WHEREAS, these temporary construction easements shall automatically become null and void upon completion of construction by Palm Beach County; and WHEREAS, such Quit-Claim Deeds and Temporary Construction Easements have been prepared and are attached hereto as Composite Exhibit "A"; and Resolution 8,2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens does hereby authorize and direct the Mayor to execute three (3) Quit-Claim Deeds which convey City-owned property to Palm Beach County and two (2) Temporary Construction Easements which grant temporary limited easements over City-owned property to Palm Beach County. The foregoing deeds and easements are attached hereto and incorporated herein as Composite Exhibit “A. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page intentionally left blank) 2 Resolution 8.2010 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,2010. PASSED AND ADOPTED this - day of CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney 29 VOTE: 30 31 MAYORRUSSO 32 33 VICE MAYOR LEVY 34 35 COUNCILMEMBER JABLIN 36 37 COUNCILMEMBER BARNET 38 39 COUNCILMEMBER PREMUROSO 40 41 42 43 44 45 ABSENT --- - 46 47 G:\altomey~share\RESOLUTlONS\2010\resolutiin 8 2010 -granting temp const easement to pkdoc Resolution 8.2010 COMPOSITE EXHIBIT “A” Return to: Ri ht of way Acquisition section Name: pa!m iea;h County En ineering Post office Box 21228 Address: west Palm seach. Florida 33416 Attn: ACCt. NO.: 1010 This Instrument Prepared by: w/c Box 1066 Name: Paul F. King, assistant County Attorney Address: Post office Box 21229 Palm Beach Counfy west palm seach, Florida 33416 NOT TO BE RECORDED WITHOUT BOARD OF COUNlY COMMISSIONERS ACCEPTANCE DATE KN: SPACE ABOVE THIS LINE FOR PROCESSING DAT PROJECT N0:200h PARCEL NO: 100 ROAD: Burns Road and Militarv Trail QUIT-CLAIM DEED THIS INDENTURE, made this day of 2010, between the City of Palm Beach Gardens, Florida, a muni-corporationder the laws of the State of Florida, whose post office address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, as party of the first part, and PALM BEACH COUNTY, a political subdivision of the state of Florida, whose post office address is P.O. Box 21229, West Palm Beach, Florida 33416, as the party of the second part. WITNESSETH: That the party of the first part, for and in consideration of the sum of ONE ($1.00) Dollar and other valuable considerations, receipt whereof is hereby acknowledged, does hereby remise, release, quit-claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim, and demand which the party of the first part has in and to the following described land, situate in Palm Beach County, Florida, to-wi t : Property more particularly described in Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belon ing or in anywise incident or appertainin , and all the estate, right, title, interest use, benefit and behoove of the said party of the second part, its successors, and assigns forever. IN WITNESS WHEREOF, said party of the first party has caused these presents to be duly executed in its name, and its corporate seal to.be affixed, by its proper officers thereunto duly authorized, the day and year first above written. and cyaim whatsoever of the said party of the P. irst part, in law or in equity to the proper (CORPORATE SEAL) signed, sealed, and-delivered in-the resence of: (Signature of two witnesses required PI y Florida law) WITNESS Signature (Required) CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. RUSSO, Mayor TYPED OR PRINTED NAME OF WITNESS AlTEST: WITNESS SIGNATURE (Required) Patricia Snider. UIC City clerk TYPED OR PRINTED NAME OF WITNESS 10500 North Military Trail Palm Beach Gardens, Florida 33410 MAILING ADDRESS STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 2010, by the ioseph R. RUSSO, Mayor of the City of Palm Beach Gardens, Florida, a municipal' corporation, on behalf of the City. day of He is personally known to me. witness my hand and official seal this day of , 2010. signed : (NOTARY SEAL) 263-LGL Rev. 08/29/08 PARCEL 100 NOTES: 1. REPROWCTIOF(S OF MIS SKETCH ARE NOTVMlD UNLESS SEALEDWTH THE BBOGSED EM OF THE SURVEYOR WHOSE NAUE APPEARS BELOW. 2. BEARINGS SHOW ARE ASSUMED Wmt ME KSlN SECTIDN LINE OF SECl" 12 BEARlNG No133zs'E 3. THE LAND DESCRIPT" SHOW4 WON WAS PREPARED BY THE SuRMYoR 4. TH(SISNOTASUI&EY 5. ABBREvIATKw(S; P.O.B. =POINT OF EEGINNING: RW = IUGHTe-WAt BOY. BOUNMRY; STA = sTAn0N: ORE. = omcw RECORDS mote P.E. = PUT moc PO. =PAGE DESCRIPTION i PORTION OF BURNS ROAD COMMUNITY CENTER CAMPUS ACCORDING TO THE PLAT THEREOF AS RECORDED U PLAT BOOK 104, PAGES 7 AND 8 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA BEING MORE 1mncuwLy DESCRIBED AS FOLLOWS: ;OMMENCING AT THE SOUTHWEST CORNER OF SAID PLAT, THENCE N01'33'2SE. ALONG THE NEST BOUNDARY )F SAID PLAT AND ALONG THE EAST RIGHT-OF-WAY LINE OF MILITARY TRAIL (STATE ROAD em), A DISTANCE OF .65 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE N01'3325"E. ALONG SAID NEST BOUNDARY AND AST RIGHT-OF-WAY LINE, 88.50 FEET; THENCE N15'03'10"E, ALONG SAID BOUNDARY ANDEAST RIGHT-OF-WAY INE. 14.74 FEET; THENCE S02'37'5gw. 102.85 FEET; THENCE N88'26'3SW. 1.51 RETTO THE POINTOF EGINNING. AID LAND LYING IN THE CIM OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND CONTAINING 30 SQUARE FEET (0.005 ACRES), MORE OR LESS ERTlFlCATlON 1EREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERM TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF As DELINEATED UNDER MY DIRECTION N JULY 1,2009. / KATHLEEN L. HALL, P.LS. FLORIDA REGISTRATION NO. 4103 KATHLEEN L. HALL LAND SURVEYING, INC. 5499 N. FEDERAL HIGHWAY. SUITE N BOCA RATOW. FL. 33487 RN 8/31/09 TEL.(S61) 443-0426 FAX.(561) 443-0429 FLORIDA L.B. #55S t EEN L. HALL LAND SURVEYING, INC. 5499 N. FEDERAL HIGHWAY. SUITE N BOCA RATON. FL. 33487 sc-4~. 1" = 7n' TEL.(561) 443-0426 FAX.(561) 443-0429 FLORIDA LE. e555 ---. . ~ "- SHEET 2 OF 2 Return to: Ri ht of way Acquisition section N-: Pa!. iea;h county En ineering Post office Box 21228 Address: west Palm Beach, Florida 33416 I*+". -...,. ACCt. NO.: 1010 W/C Box 1066 This Instrument Prepared by: NW: Paul F. Kina. Assistant countv Attorney Palm Beach tbunty west Palm Beach, Florida 33416 ~ddress: Post office BOX 21229 NOT TO BE RECORDED WITHOUT BOARD OF COUW COMMISSIONERS ACCEPTANCE DATE PCN: SPACE ABOVE THIS LINE FOR PROCESSING DATA PROJECT UO:2007102 PARCEL NO: 101 ROAD: Burns Road and MilitarY Trail QUIT-CLAIM DEED THIS INDENTURE made this day of , 2010, between the City of Paim Beach Gardens, Florida, a municipal corporation existing under the laws of the State of Florida, whose post office address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, as party of the first part, and PALM BEACH COUNTY, a political subdivision of the State of Florida, whose post office address is P.O. Box 21229, west Palm Beach, Florida 33416, as the party of the second part. WITNESSETH: That the party of the first part, for and in consideration of the sum of ONE ($1.00) Dollar and other valuable considerations, receipt whereof is hereby acknowledged, does hereby remise, release, quit-claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim, and demand which the party of the first part has in and to the following described land, situate in Palm Beach County, Florida, to-wi t : Property more particularly described in Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belon ing or in anywise incident or appertainin , and all the estate, right, title, interest use, benefit and behoove of the said party of the second part, its successors, and assigns forever. IN WITNESS WHEREOF, said party of the first party has caused these presents to be duly executed in its name, and its corporate seal to be affixed, by its proper officers thereunto duly authorized, the day and year first above written. and c 9 aim whatsoever of the said party of the 8rst part, in law or in equity to the proper (CORWRATE SEAL) Signed, sealed, and delivered in the resence of: (signature of two witnesses required 1 y Florida law) WITNESS Signature (Required) CrrY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor TYPED OR PRINTED NAME OF WllNESS AlTEST: WITNESS SIGNATURE (Required) Patricia Snider, CHC City Clerk TYPED OR PRINTED NAME OF WITNESS 10500 North Military Trail Palm Beach Gardens, Florida 33410 MAILING ADDRESS STATE OF FLORIDA COUNTY OF PALM BEACH The foreqoinq instrument was acknowledged before me this day of ~ ~, 2010, by-the-~oseph R. RUSSO, Mayor of-the city of Palm Beach Gardens, Florida, a municipal corporation, on behalf of the City. He is personally known to me. witness my hand and official seal this day of , 2010. signed: CNDTARY SEAL) 263-LGL Rev. 08/29/08 /' PARCEL 101 NOTES STATION: O.R.B. = OFFlCuL RECORDS 800((: P.B. = RAT PG. = PAGE 6. N.LPUTEDEASEYEI*TSARENOTSHOW IESCRIPTION: k PORTION OF BURNS ROAD COMMUNITY CENTER CAMPUS ACCORDING TO THE PLAT THEREOF AS RECORDED PLAT BOOK 104, PAGES 7 AND 8 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE 'ARTICULARLY DESCRIBED AS FOLLOWS: ,EGINNING AT THE MOST NORTHERLY CORNER OF SAJD PLAT THENCE S88'W04"E, ALONG THE NORTH OUNDARY OF SAID PLAT AND EXISTING RIGHT-OF-WAY LINE OF BURNS ROAD, A DISTANCE OF 300.75 FEET; HENCE N89'4716W, 190.16 FEET; THENCE N88'3Q33W. 105.13 NT; THENCE S46'51WW, 50.01 FEET; HENCE SO2'38'36"w. 346.05 FEET; THENCE S16'W03W, 40.37 FEET TO A POINT ON THE WEST BOUNDARY OF AID PLAT AND EXISTING EAST RIGHT-OF-WAY LINE OF MlUTARYTRAlL (S.R. 809); THENCE N15"03'10"E, ALONG AID BOUNDARY AND EAST RIGHT-OF-WAY LINE, 37.34 FEET; THENCE MO1'3325"E, ALONG SAID BOUNDARY AND AST RIGHT--WAY LINE, 350.52 FEET; THENCE N48'3421"E, ALONG SAID BOUNDARY, 53.73 FEET TO THE POINT IF BEGINNING. AID LAND LYING IN THE CITY OF PALM BEACH GARDENS. PALM BEACH COUNTY. FLORIDA, AND COKTAINING ,886 SQUARE FEET (0.07 ACRES), MORE OR LESS. :ERTIFICATION: IEREBY CERTIFY THAT THE AlTACHED SKETCH AND DESCRlPllON OF THE HEREON DESCRIBED PROPERM TRUE AND CORRECT TO THE BEST OF MY KNOWEDGE AND BEUEF AS DELINEATED UNDER MY DIRECTION ON JULY 1.2009. A- - hW/ KATHLEEN L. HALL, P.L.S. FLORIDA REGISTRATION NO. 4103 KATHLEEN L. HALL LAND SURVEYING, INC. 5499 N. FEDERAL HIGHWAY. SUITE N EOCA RATON. FL. 33487 REV.: 6/31/09 TEL.(561) 443-0426 FAX.(561) 443-0429 FLORIDA L.B. e555 KH c:\Lpwur*~r L surars\d.gw- ad -nity n pars, 101.d.g I \ \ -- -------- ---- 0 0 + D C C -I r\: EASEMENT (P.B.lO4/7-8) BURNS ROAD COMMUNITY CENTER CAMPUS (P.B. 104/7-8) f KATHLEEN L. HALL LAND SURVEYING, INC. SOLEI' = 60' 5499 N FEDERAL HIGHWAY. SUITE N BOCA RATON. FL. 33487 1 TEL.(561) 443-0426 FAX.(561) 443-0429 SHEET 2 OF 2 FLORIDA L.B. 16555 Return to: Ri ht of way Acquisition section Name: Pay. iea;h County En ineering Post office Box 21228 Address: West Palm Beach, Florida 33416 Attn: ACCt. NO.: 1010 This Instrument Prepared by: Name: paul F. Kina. Assistant Countv Attornev W/C Bw 1066 -. palm Beach &nty west Palm Beach, Florida 33416 address: Post office BOX 21229 NOT TO BE RECORDED WITHOUT BOARD OF COUNTY COMMISSIONERS ACCEPTANCE DATE PCN: SPACE ABOVE THIS LINE FOR PROCESSING OATA PROJECT NO:2007102 PARCEL NO: 102 ROAD: Burns Road and Military Trail QUIT-CLAIM DEED THIS INDENTURE made this day of , 2010, between the City of Pain Beach Gardens, Florida, a municipal corporation existing under the laws of the State of Florida, whose post office address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, as party of the first part, and PALM BEACH COUNTY, a political subdivision of the State of Florida, whose post office address is P.O. Box 21229, West palm Beach, Florida 33416, as the party of the second part. WITNESSETH: That the party of the first part, for and in consideration of the sum of ONE ($1.00) Dollar and other valuable considerations, receipt whereof is hereby acknowledged, does hereby remise, release, quit-claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim, and demand which the party of the first part has in and to the following described land, situate in Palm Beach County, Florida, to-wi t : Property more particularly described in Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belon ing or in anywise incident or appertainin , and all the estate, right, title, interest and cqaim whatsoever of the said party of the Jirst part, in law or in equity to the proper use, benefit and behoove of the said party of the second part, its successors, and assigns forever. IN WITNESS WHEREOF, said party of the first party has caused these presents to be duly executed in its name, and its corporate seal to be affixed, by its proper officers thereunto duly authorized, the day and year first above written. (CORPORATE SEAL) signed, sealed, and delivered in the resence of: (signature of two witnesses required E y Florida law) WITNESS Signature (Required) TYPED OR PRINTED NAME OF WITNESS CITY OF PALM BEACH tARDEN.5, FLORIDA BY: Joseph R. RUSSO, Mayor WITNESS SIGNATURE (Required) TYPED OR PRINTED NAME OF WITNESS STATE OF FLORIDA COUNTY OF PALM BEACH ATTEST: Patricia Snider, UIC City Clerk 10500 North Military Trail Palm Beach Gardens, Florida 33410 MAILING ADDRESS The foregoing instrument was ac ... iowledgec _?fore me this 2010, by the ioseph R. RUSSO, Mayor of the City of Palm Beach Gardens, Florida, a municipal' corporation, on behalf of the City. day of He is personally known to me. witness my hand and official seal this day of , 2010. signed : (NOTARY SEAL) 263-LGL Rev. 08/29/08 I. I PARCEL 102 NOTES 1 REPRODUCTlONS OF MIS SKETCH ARE mlTVAull UNeESs SENEDWrmTHE -SEALOF ME SURVEYOR ME NAME "6 ELOW 2 BEAR~SHOWNAREASSUlED8ASEDWlTHMEKSlYSCTK)IIUIEOFSECTKYllZBEAR1K; N013325'E 3 THE UND MSCRIPTION WOVYN HEREON WAS PREPARB) BY THE SURVEYOR 4 THISISNOTASURVCI 5 ABBRMATIONS. P 0 6 = POINT OF BEGINNING. Rm - RIGHT-W-WAY. EDY = BWHMRY. STA = STATKWI.OR.6 -omClALRECORDSBOOK.P6 =PLATEOOK.PG =PpAG+POC =powTOF C-NCEMENT. STA = STATKWI DESCRIPTION: A PORTION OF THE NORTHEAST ONEQUARTER (NE1/4) OF SECTION 12, TOWNSHIP 42 SOUTH. RANGE 42 EASl BEING MORE PmncuwLY DESCRIBED AS FOLLOWS NOIYWYE, ALONG THE NORTH-SOUTH QUARTER SECTION LINE OF SAID sEcnoN 12. A DISTANCE OF 40 07 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA A DISTANCE OF 900 57 FEET; THENCE S00'36'12W, COMMENCING AT THE SOUTHIMST CORNER OF SAID NORTHEAST ONEQUARTER (NE114). THENCE FEET. THENCE SB8"26'35'E. 80 00 FEET TO THE POINT OF BEGINNING. THENCE N01'3325"E, ALONG THE I WSTING RIGHT-OF-WAY LINE OF MILITARY TFAL (S R 809) PER OFFICIAL RECORDS BOOK 2694. PAGE 500 OF 420 60 FEET. THENCE S01'33'25W. 450 02 FEET, THENCE S44'1521T. 57 33 FEET TO A POINT ON THE U(ISTING RIGHT-OF-WAY LINE OF BURNS ROAD. THENCE N88'30'04W. ALONG SAID RIGHT-OF-WAY LINE, 38 10 FEET, THENCE N432823"W. 14 15 FEET TO THE POINT OF BEGINNING SAID LANDS LYING IN THE CITY OF PALM BEACH GARDENS. PALM BEACH COUNTY. FLORID& AND CONTANING 5,674 SQUARE FEET (0.13 ACRES), MORE OR LESS CERTIFICATION: I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWEDGE AND BELIEF AS DELINEATED UNDER MY DIRECTION ON JULY 1.2009. KATHLEEN L. HALL. P.L.S. FLORIDA REGISTRj\TION NO. 4103 KATHLEEN L. HALL LAND SURVEYING, INC. 5499 N. FEJ3ERAL HIGHWAY, SUITE N BOCA RATON. FL. 33487 REV.: 8/31/W EL (561) 443-0426 FAX.(561) 443-0429 OAT€ 7jiOi- SHEET I OF 3 JOB NO : 2781 FLORIDA LE. 16555 KH c \LP'I~WTLRI h EU?NS\*\&M nd -nit), n we'd 102 drg ,. , .. PARCEL 102 I I + 0 ,-- I I t KATHLEEN L. HALL LAND SURVEYING, INC. 5499 N. FEDERAL HIGHWAY. SUITE N BOCA RATON. FL. 33487 . ~ ~. -. TEL.(561) 443-0426 FAX.(561) 443-0429 FLORIDA L.B. #6555 SCALE: 1’ = 60’ SHEET 2 OF 3 1 (. , . , I. t 1 I I I I (I :EL 102 I Ih KATHLEEN L. HALL LAND SURVEYING, INC. 5499 N. FEDERAL HIGHWAY. SUITE N . BOCA RATON. FL. 33487 FLORIDA L.B. #66555 EL.(56l) 443-0426 FAX.(561) 443-0429 SCALE: 1- = 60’ SHEET 3 OF 3 Return to: Palm Beach county %t% ice Box 21229 NaDe: Address: YCst Palm mch. Florida 33416 ulrition section I .**”. I_-... Acct. No.: 1010 W/C BOX 1066 This Instrument Prepared by: WUI: Paul F. King Assistant County Attorney m5t office sox 21229 Address: mest Palm each. Florida 33416 NM TO BE RECORDED WITHOUT BOARD OF COUNTY COMMISSIONERS ACCEPTANCE DATE m: MIS LINE FOR PROCESSIN6 MTL SPACE ABOVE PROJECT NO. 2007102 RMD “#E: PARCEL NO. 401 Burns Road 1 Military Trail TEMPORARY CONSTRUCITON WEMW THIS GRANT OF EASEMENT is made this 2010, by the CIM OF PALM BEACH GARDENS, FLORIM, whose post office address is 10500 North Military Tkl, Pal,m,seach Gardens, Florida 33410, hereinafter called Grantor, to PALM BEACH CWNlY, a political subdivision of ,the State of Florida, whose post office address is P.O. Box 21229, West Palm Beach, Florida 33416, hereinafter called Grantee. WITNESSETH: That the Grantor. beina the owner of certain real Drooertv. lvino zitiiate in Palm amrh day of ~~ - -- ., , ., ... -. _---- ... . I_ --.. ~~ - ~~ county, Florida, more, particularly described in Exhibit “q”-attached hereto and made a part hereof (“Temporary Construction Easement Parcel”), for and .in consideration of the sum of ONE ($1.00) DOLLAR and other valuable considerations, receiot of which is herebv acknowledaed. herebv arants unto Grantee. - - ---. its successors and assigns. a non-exclusive temoorarv construction ease6ent. for ;n&ess P~PP<< nwr ... =. ---. -~. --~, , upon, under, through an-d across the temporar ‘const+tion easement parcel.. upon the Expi ration Date (as defined below), Grantee shall remove ayl debris thereon and repair and restore the Temporary construction Easement Parcel to a condition which is equal to or better than the condition which existed prior to the commencement of the subject construction project. THIS TEMPORARY CONSTRUCTION EASEMENT, as ,described herein, iS granted for the purpose of tying in, harmonizing, constructing, grading, improving, reconstructing, and inspecting the road project as shown on the initial or final Tans for project number 2007102. This Temporar Construction Easement shall commence upon the date of execution by the Grantor and shall automaticalry expire (“Expiration Date”) upon the sooner to occur of the following events: (a) the completion of pro’ect number 2007102 and the issuance of a certificate of completion; or (b) within three (3) years of tie date of execution. The Temporar Construction Easement set forth above shall automatically terminate as set forth in this paragra K; provided, however, the Grantee agrees, upon the request of Grantor, to execute such documents reasonagly necessary to acknowledge the automatic termination of the Temporary Construction Easement. TO HAVE AN0 TO HOLD THE SAME Unto the Grantor, its successors, and assigns. IN WITNESS WHEREOF, said Grantor has signed and sealed these presents the day and year first above written. signed, sealed, and delivered in the resence of: (Signature of two witnesses required E y Florida law) WITNESS Signature (Required) SIGNATURE OF GRANTOR Joseph R. RUSSO, Mayor City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 TYPED OR PRINTED NAME OF WITNESS HAILING ADDRESS WITNESS SIGNATURE (Required) TYPED OR PRINTED NAME OF WITNESS STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared who is / are \ as identification and who did/did not take an oath, executed the foregoing instrument. WITNESS my hand and official seal this day of , 2010. signed : PARCEL 401 (TEMPORARY CONSTRUCTION EASEMENT) NOTES 1. 2. 3. 4. MISISNOTASURVEY 5. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID VNCESS SEALEDWTH THE asossED SEAL OF ME SVRKYOR WUJsE NwE APPURS BELOW. BEARINGS s" ARE ASSWD WTH THE E-w 1u SECTKW UNEOFsEcTmN 12 BEARING .swwMT ME IAN0 DESCRpTloN Sm HEREON W4.S RIEPARED BY ME SURMYOR ABBRMATIONS; P.O.B. = POllyT Of BEGINNING; RW = RM4FWAY; BDY. =BOUNDARY: SA = STATKHI; ORB. = OFFlCuL RECORDS BOOK; P.B. =PLAT BOOK; PG. = PAGE P.O.C. = poI+cOF COUIENC- DESCRIPTION: A PORTION OF BURNS ROAD COMMUNITY CENTER CAMPUS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 104, PAGES 7 AND 8 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHhEST CORNER OF SAID PLAT; THENCE NOl"3325"E. ALONG THE WEST BOUNDARY OF 8.65 FEET; THENCE S88026'35"E, 1 .Si FEET TO THE POINT OF BEGINNING; THENCE N02'37'56"E. 102.85 FEET TO A SAID PLAT AND ALONG THE EAST RIGHT-OF-WAY LINE OF MILITARY TRAIL (STATE ROAD 809). A DISTANCE OF POINT ON !MID NEST BOUNDARY AND EAST RIGHT--WAY LINE; THENCE N15'03'lU'E, ALONG SAlD WST BOUNDARY AND RIGHT-OF-WAY LINE. 12.19 FEET; THENCE N16'WD5E, 40.37 FEET, THENCE N02'3836"E. 346.05 FEET; THENCE N46'51'04"E. 50.01 FEET; THENCE SB8'39'33"E. 105.13 FEET; THENCE S89'47'16'E. 190.16 FEET; SOl"~OIW, 1.00 FEET, THENCE N8W41'13W. 241.64 FEET; THENCE N89'09'597N. 87.47 FEET; THENCE Y16'51'04"W. 48.15 FEET, THENCE S023747W. 345.25 FEET, THENCE S16"04'03W, 51.65 FEET; THENCE S02"37'56V/, 20.42 FEET THENCE S8826'35.E. 7.93 FEET; THENCE S01~33'25'W. 28.00 FEET, THENCE N88026'35W, 8.46 FEET; THENCE SO237'56"W. 55.01 FEET; THENCE N885S3RN. 2.50 FEET TO THE POINT OF BEGINNING. SND LAND LYING IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY. FLORIDA. AND CONTAINING 2,140 SQUARE FEET (0.05 ACRES), MORE OR LESS. THENCE SWXIW-E, 34.88 FEETTO A POINT ON THE wtsnw R~GHT-OF-WAY LINE OF BURNS ROAD; THENCE CERTIFICATION: I HEREBY CERTIFY THAT THE ATACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWEDGE AND BELIEF AS DELINEATED UNDER MY DIRECTION ON JULY 1,2009. KATHLEEN L. HALL. P.L.S. FLORIDA REGISTRATION NO. 4103 KATHLEEN L. HALL LAND SURVEYING, INC. 5499 N. F'EOERM HIGHWAY. SUITE N BOCA RATON. FL. 33487 REV.: 8/31/09 TEL(561) 443-0426 FAX.(561) 443-0429 FLORIDA L.B. #6555 DATE: 7/1/09 SHEET 1 OF 5 0 0 +- 0 --- ij +- In W z 7 wcv 2s mu v) W z i W In ci IS v) I z .3 a CANAL ---1 KATHLEEN L. HALL LAND SURVEYING, INC. 5499 N. FEDERAL HIGHWAY. SUITE N BOCA RATON. FL. 33487 SCALE: 1’ = 30’ TEL.(561) 443-0426 FAX.(561) 443-0429 FLORIDA LE. 16555 SHEET 2 OF 5 I I I I I I 0 0 +- W KATHLEEN 00 0 W N 0 d ti +53.77 69.4’RT. -. L. HALL LAND SURVEYING, INC. 5499 N. FEDERAL HIGHWAY, WlTE N BOCA RATON. R. 33487 SCALE: 1’ = 30’ TEL.(561) 44-0426 FAX.(561) 443-0429 FLORIDA L.B. 16555 SHEm 3 OF 5 BURNS ROAD COMMUNITY CENTER CMPUS (P.B. 1040-8) KATHLEEN L. HALL LAND SURVEYING, INC. 5499 N. FEDERAL HIGHWAY. SUITE N SW: 1' = 30' BC€A RATON. R. 33487 lEL.(561) 443-0426 FAX.(561) 443-0429 FLORIDA LE. #6555 SHEm 4 OF 5 IVJ+UU I .,.-. ,... 104+00 I SB8'30'04-E I SURMY BASELINE & E-W 1/4 SEC. LINE I I) BURNS ROAD N. BDY. BURNS COMMUNITY CENTER CAMPUS & EXISTING +06.69 6.57 61RT. +41.57 s agw'i6" E R/W LINE s aa*30*04- E /,,RT. 27'RT. - - 190.16' 34.80' N89'41'13"W 241.64' 7'RT. I 62'RT.J I Sb F 0 BURNS ROAD COMMUNITY CENTER CAMPUS (P.E. 104/7-8) KATHLEEN L. HALL LAND SURVEYING, INC. 5499 N. FEDERAL HIGHWAY. SUITE N EOCA RATON. FL. 33487 SW: 1' = 30' ~~ ~ ~ TEL.(561) 443-0426 FAX.(561) 443-0429 FLORIDA L.E. #6555 SHEET 5 OF 5 Return to: Palm wch county We: alw A uisltion Section mst %ice wx 21224 Address: west Palm Mach, Florida 33416 Attn: ACCt. NO.: 1010 This Instrument prepared by: W/C BOX 1066 na8e: Pall1 F. Klng Usistant county Attorney mst Offqce Box 21229 Address: west Palm Beach. Florida 33416 NOT TO BE RECORDED WITHOUT BOARD OF COUNTY COMMISSIONERS ACCEPTANCE DATE KM: SPACE ABWE THIS LINE FML PROCESSIffi MTA PROJECT NO. 2007102 PARCEL NO. 4(12 RDAD WE: Burns noad P Military Trail TEMPORARY CONSTRUCrION EASEMEKT THIS GRANT OF EASEMENT is made this day of , 2010, by the CITY OF PALM BEACH 6ARDENS, FLORIDA, whose post office address is 10500 North Military Trail, Palm seach Gardens, Florida 33410, hereinafter called Grantor, to PALM BEACH CWhTY, a political subdivision of ,the state of Florida, whose post office address is P.O. Box 21229, west Palm Beach, Florida 33416, hereinafter called Grantee. WITNESSETH: That the Grantor, being the owner of certain real pro erty, lying situate in Palm Beach (“Temporary Construction Easement Parte!"), for and ,in consideration of the sum of ONE ($1.00) KJLLAR and other valuable considerations, receipt of which is hereby acknowledged, hereby grants unto Grantee, its successors and assigns, a non-exclusive temporary construction easement, for ingress, egress, over, upon, under, through and across the temporar construction easement parcel. Upon the Expiration Date (as defined below), Grantee shall remove aY,l debris thereon and repair and restore the Temporary Construction Easement Parcel to a condition which is equal to or better than the condition which existed prior to the commencement of the subject construction project. THIS TEMPORARY CONSTRUCTION EASEMENT, as described herein, is granted for the purpose of tying in, harmonizing, constructing, grading, improving, reconstructing, and inspecting the road project as shown on the initial or final plans for project number 2007102. This Temporar Consrruction Easement shall commence upon the date of execution by the Grantor and shall automaticalry expire (“Expiration Date”) upon the sooner to,o<cur of the following events: (a) the completion of pro‘ect number 2007102 and the The Construction EaSement set forth above shall automatically terminate as set forth in this ~%~:~~~; provided, however, the Grantee agrees, upon the,request of Grantor, to execute such documents reasona ly necessary to acknowledge the automatic termination of the Temporary Construction Easement. County, Florida, more particularly described in Exhibit “A,” attac R ed hereto and made a part hereof issuance of a certificate of completion; or (b) within three (3) years of t ll e date of executio?. TO HAVE AND TO HOLD THE SAME Unto the Grantor, its successors, and assigns. IN WITNESS WHEREOF, said Grantor has signed and sealed these presents the day and year first above written . Signed. sealed, and delivered in the resence of: (signature of two witnesses required g y Florida law) WmESS Signature (Required) SIGNATURE OF GRANTOR 3oseph R. RUSSO, Mayor City of Palm Beach Gardens TYPED OR PRINTED NAME OF WITNESS 10500 North Military Trail Palm Beach Gardens, Florida 33410 MAILING ADDRESS WITNESS SIGNANRE (Required) TYPED OR PRINTED NAME OF MESS STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared who is / are personally known to me or who has produced as identification and who did/did not take an oath, executed the foregoing instrument. WITNESS my hand and official seal this day of , 2010. signed : Return to: Palm hach Covnty %t%i ce BOX 21229 NUC: Address: YIst Palm hach. Florida 33416 Am: Acct. no.: lo10 uisition section W/C BOX 1066 This Instrument prepared by: NU! Paul F. Kina ~ .... *Isistat ciunty Attorney mst office BOX 21229 kddrers: rest Palm Beach. Rorida 33416 NOT To BE RECORDED WITHOUT BOARD OF COUNTY COMMISSIONERS ACCEPTANCE DATE PROJECT NO. 2007107 RaAD WE: PARCEL NO. 402 Burns Road & Military Trail THIS GRANT OF EASEMENT is made this 2010, by the CITY OF PALM BEAM bARoENS, FLORIDA, whose post office address is 10500 North Military irail, Palm Beach Gardens, Florida 33410, hereinafter called Grantor, to PAW BEAM CWNTY, a political subdivision of the State of Florida, whose post office address is P.O. Box 21229, West Palm Beach, Florida 33416, hereinafter called Grantee. day of WITNESSETH: That the Grantor, being the Owner of certain real pro erty, lying situate in Palm Beach County, Florida, more particularly described in Exhibit “A” attac R ed hereto and made a part hereof (“Temporary construction Easement Parcel”), for and in consideration of the sum of ONE (51.00) DOLLAR and other valuable considerations, receipt of which is hereby acknowledged, hereby grants unto Grantee, its successors and assigns, a non-exclusive temporary construction easement, for ingress, egress, over, upon, under, through and across the temporary construction easement parcel. upon the Expiration Date (as defined below), Grantee shall remove a 1 debris thereon and repair and restore the Temporary Construction Easement Parcel to a condition which is equal to or better than the condition which existed prior to the commencement of the subject construction project. THIS TEMPORARY CONSTRUCTION EASEMENT, as described herein, is granted for the purpose of tying in, harmonizjng, constructing, grading, improving, reconstructing, and inspecting the road project as shown on the initial or final lans for project number 2007102. This Temporar Construction Easement shall upon the sooner to occur of the following events: (a) the completion of pro’ect number 2007102 and the issuance of a certificate of completion; or (b) within three (3) years of t i e date of execution. The Temporarx Construction Easement set forth above shall automatically terminate as set forth in this paragrag ; provided, however, the Grantee agrees, upon,the,request of Grantor, to execute such documents reasona ly necessary to acknowledge the automatic termination of the Temporary Construction Easement. TO HAVE AND TO HOLD ME SAME unto the Grantor, its successors, and assigns. IN, WITNESS WHEREOF, said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed, and delivered in the resence of: commence upon the date o P execution by the Grantor and shall automaticalyy expire (”Expiration Date”) (Signature of two witnesses required E y Florida law) WnNESS Signature (Required) SIGNATURE OF GRANTOR TYPED OR PRINTED NAME OF mESS Joseph R. RUSSO, Mayor City of Palm 6each Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 WLING AWRESS WITNESS SIGNATURE (Required) TYPED OR PRINTED NAME OF WITNESS STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared who is / are personally known to me or who has produced as identification and who did/did not take an oath, executed the foregoing instrument. WITNESS my hand and official seal this day of , 2010. signed : PARCEL 402 (TEMPORARY CONSTRUCTION EASEMENT) NOTES DESCRIPTION: A PORTION OF THE NORTHEAST ONEQUARTER (NE1/4) OF SECTION 12. TOWNSHIP 42 SOUTH. RANGE 42 EAST. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST ONE-QUARER (NEIH); THENCE NO1 "3325"E. ALONG THE NORl" QUARTER SECTION LINE OF SAID SECTION 12, A DISTANCE OF 70.07 FEET; THENCE 588'28'35.E. 67.00 FEET TO THE POINT OF BEGINNINO; THENCE NCIlo3325T, 450.02 FEET; THENCE W*WWE, 420.80 FEET TO A POINT ON THE wsnm RIGHT-OF-WAY LINE OF MILITARY TRAIL (STATE ROAD 809); THENCE NO19325~E. ALONG SAlDRIGHT4FWAY LINE, 113.97 FEET; THENCE sOo'30'14"W. 272.05 FEW, THENCE SW4025W, 227.03 FEET; THENCE sB826"3sE. 3.00 FEET THENCE 501'33'25W. 10.00 FEET; THENCE NBB76'35W 3.00 RET; THENCE SO1'332SW. 57.00 FEW THENCE S71"38'41"E, 27.68 FEET; THENCE SO1'3325W. 23.00 FEET, THENCE S19'50'59"W. 31.86 FEE't THENCE S67V2'597N. 18.68 FEET; THENCE SOO'O7'3MIv, 120.04 FEET; THENCE S01'3325W. 233.43 FEET THENCE N44'1521W. 5.58 FEETTO ME POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY. FLORIDA, AND CONTAINING 3.8TI SQUARE FEET (0.089 ACRES), MORE OR LESS. CERTIFICATION: I HEREBY CERTIFY THAT THE AITACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNO\IKEDGE AND BELIEF AS DELINEATED UNDER MY DIRECTION ON JULY 1.2009. -KUL KATHLEEN L. HALL. P.L.S. It*& FLORIDA REGlSTRATlON NO. 4103 KATHLEEN L. HALL LAND SURVEYING, INC. 5499 N. FEDERAL HIGHWAY. SUllE N RN.: 8 20 09 DATE: 41/69 SHEET 1 OF 4 JOB bp.:2781 BOCA RATON. FL 33487 TEL.(561) 445-0426 FAX.(%) 443-0429 FLORIDA L.B. 16555 KH C:\LP~\YUTIRY 4 BURNS\~+&~ ad conmunit~ ro~ ulz.drp I I I l I II 66.57 w t ----- SEC.12-42-42 STA.loC00.39 , E-W 1/4 SEC. LINE SEC. 12 0 0 -k 101+00 102+00 103+00 - "I BURNS ROAD KATHLEEN L. HALL LAND SURVEYING, INC. 5499 N. FEDERAL HIGHWAY, WIT€ N BOCA RATON. FL. 33487 lEL.(561) 443-0426 FAX.(561) 443-0429 FLORIDA L.E. f6555 SW: 1- = 60' SHEEI 2 OF 4 KATHLEEN L. HALL LAND SURVEYING, INC. 5499 N. FEDERAL HIGHWAY. SUITE N ~~~ ~ BOCA RATON. FL. 33487 EL.(561) 443-0426 FAX.(561) 443-0429 FLORIDA L.B. 16555 SCALE:l' = 60' SHEET 3 OF 4 .. L I I I (I 60'RT. C83. 65'RT. KATHLEEN L. HALL LAND SURVEYING, INC. 5499 N. FEDERAL HIGHWAY, SUITE N EOCA RATON. FL. 33487 FLORIDA L.B. #6555 TEL.(561) 443-0426 FAX.(561) 443-0429 SCALE: 1'=60 SHEET 4 OF 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 4,2010 Ordinance 1,2010 SubjectlAgenda Item: Ordinance 01,2010 Text Amendment to the Capital Improvements Element (CIE) Second Reading and Adoption Hearing: A City-initiated request for the adoption of amendments to the Capital Improvements Element (CIE) of the City of Palm Beach Gardens Cmnwehensive Plan to update the CIE to be consistent with the current City budget in acc0;dance with Chapter 163.3177, Florida Statutes. [XI Recommendation to APPROVE [ ] Recommendation to DENY n Reviewed by: // Development Compliance N/A Babanh Wolfs, AICP Kara L. Irwin, AICP city dm r Originating Dept.: Growth Management: Manager Project Sr. Planner [ ] Quasi-Judicial [ X ] Legislative [ X ] Public Hearing Advertised: Date: 02.17.2010 Paper: PB Post [XI Required affected parties: [ ]Notified ' [XI Not Required FINANCE: ?inance Administrator v/A lulan Owens Costs: $-N/A- Total $- N/A- Current FY Funding Source: [XlOther N/A [ 1 Operating Budget Acct.#: NA Council Action: : ] Approval : ] App. w/ conditions : ] Continued to- : ]Denial Attachments: Five Year Projection CIE Support Document Resolution 94,2005 School concurrency service area report Ordinance 1.2010 Meeting Date: March 4,2010 PetitionNo. CPTA-09-10-OOOO17 OrdinanCeOl, 2010 EXECUTIVE SUMMARY The proposed petition is a City-initiated request to update the Capital Improvements Element (CIE) to the City’s Comprehensive Plan. The Five-Year Schedule of Capital Improvements and Summary of Capital Improvements Program, Tables 9A and 9B of the CIE are required to be updated annually in accordance with Florida Statutes. BACKGROUND The City is required by Chapter 163 of the Florida Statutes to maintain an updated Capital Improvements Element. Furthermore, staff must include the Five-Year Schedule of Capital Improvements which is neededto implement the Comprehensive Plan, and ensure that adopted Level of Service (LOS) standards are achieved or maintained. Staff is also required to analyze the new mandatory general components of the schedule, which include fiscal responsibility and identification of proportionate fair share projects for transportation. SUMMARY OF PROPOSED CAPITAL IMPROVEMENT ELEMENT AMENDMENTS Table 9A: This Table has been updated to be consistent with the current Capital Improvement Plan. (Contained within Ordinance 01,2010) Table 9B: This Table has been updated to support Objective 9.1.4 concerning Palm Beach County School District Level of Service (LOS) and proposed school construction schedules. (Contained within Ordinance 01,2010) STAFF ANALYSIS Staff analyzed the following additional requirements of the annual CIE update and the consistency with the City’s, County’s and State’s Comprehensive Plans, and the Strategic Regional Policy Plan. Fiscal Responsibility The City is required to provide the revenue sources that will be used to fund each project and supporting data must demonstrate that sufficient revenues are currently available or will be available from committed funding sources for projects included in the first three years of the schedule. Staff has indicated the funding sources as part of the schedule (Table 9A). The City has transportation projects that are not funded by expected funding sources, such as ad valorem taxes or impact fees (See Resolution 94, 2005). The attached Five-Year Projection illustrates that the City maintains excess revenues for every year within the planning period. Those projects funded by expected funding sources (such as ad valorem taxes) are identified as being funded by general funds or impact 2 fees and have been demonstrated to be financially feasible. Proportionate Fair Share The City is expected to identify any project that utilizes a proportionate-share process with regard to transportation concurrency. At this time, the City does not have any approved projects that propose to utilize the proportionate-share process. Please be advised that via Ordinance 3 1,2006, the City adopted Land Development Regulations that establish the process and regulate proportionate-share. Meeting Date: March 4.2010 Petition No. CPTA-09-10-000017 ordiiance01,2010 Summary of De Minimi Records Report Pursuant to Section 163.3180 (6), F.S. Statutes, the City is required to submit a summary of de minimis records to the Department of Community Affairs (DCA) with the annual CIE update. The summary should include the definition and approval process of developments having de minimis impact; existing conditions and deficient road links; de minimis trip activity on all applicable road links; and planned improvements included in the City’s CIE that resolve any existing deficiencies. The City of Palm Beach Gardens’ code allows specific projects to be exempt from traflic concurrency under certain conditions. The code, however, does not permit the exception of concurrency based on de minimis. None of the land development projects within the City were granted a traffic concurrency approval through an exemption based on a de minimis determination. Adoption of Projects by Reference Pursuant to Section 163.3177 (3)(a) F.S., Section 163.3180(13)(d)l F.S., and Section 163.3177 (6)(c), F.S. Statutes, the City is required to adopt specific FDOTMO, School District and Water Management District (WMD) projects by reference if the City is relying on these projects to ensure concurrency. However, staff must also include by reference the adopted Palm Beach County School Board 5-Year Facilities Plan and attach the concurrency service area report of the County’s 5-Year Facilities Plan for schools serving Palm Beach Gardens. Staff will include by reference any FDOTNPO projects specific to meeting City concurrency. At this time, staff is unaware of any FDOT/MPO projects that are specific to meeting traffic concurrency. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN The proposed CIE amendment is consistent with the Goals, Objectives and Policies contained within the City’s Comprehensive Plan. These changes described below provide for internal consistency between the amended CIE and the City’s Comprehensive Plan. 3 Mating Date: March 4,2010 PetitionNo. CFTA-09-10-oooO17 Ordinance 01,2010 TransDortation Element: GOAL 2.1.1.: TO MAINTAIN ADOPTED LEVEL OF SERVICE (LOS) STANDARDS ON THE CITY’S TRAFFIC CIRCULATION SYSTEM. Staff Comment: Table 9A of the CIE proposed amendment describes several roadway links to be constructed or signalized within the nextfive (5) years to maintain the City’s LOS as growth occurs. Table 9A identifies the following three (3) developerjimded improvements slated to occur within the next 5 years: 1. Traffic Signal at Hiatt Drive: Developer funded as required by Resolution 94,2005 (please see attached) 2. Grandiflora Road West of Central to Parkside Drive: Development application is currently being reviewed and is anticipated to be approved in 2010. The proposed improvements will be developer funded. 3. Parkside Drive from Donald Ross Road to Grandiflora Road: Development application is currently being reviewed and is anticipated to be approved in 2010. The proposed improvements will be developer funded. Recreation and Open Space Element: Objective 7.1.1.: PROVIDE OPEN SPACE AREAS, AND ACTIVE AND PASSIVE RECREATION FACILITIES AND AREAS FOR RESIDENTS OF PALM BEACH GARDENS IN A TIMELY MANNER SO AS TO COMPLY WITH THE LEVEL OF SERVICE (LOS) STANDARDS SET FORTH BY THIS ELEMENT AND TO MAINTAIN SUCH COMPLIANCE IN SUBSEQUENT YEARS. Staffcomment: The proposed amendmentfirljills the objective to provide Recreation and Open Space by defining the year of the construction of certain infrastructure. Future Land Use Element: Objective 1.3.: CONTINUE TO PLAN FOR FUTURE NEEDS TO PROMOTE LIVABLE COMMUNITIES, INCLUDING, BUT NOT LIMITED TO, ECONOMIC DEVELOPMENT FOR BIOSCIENCE USERS, TRANSIT ORIENTED DEVELOPMENT, AND OTHER EFFORTS TO PROMOTE SUSTAINAEiLE GROWTH. Staffcomment: The proposed amendmentfulflls the objective by promoting bioscience development and transit oriented development planning principles by identifying improvements slated to occur 4 Meeting Date: March 4,2010 PetitionNo. CPTA-09-10a00017 Ordinance 01,ZOlO within the five-year planning period. Public Safetv Element: OBJECTIVE 10.1.2.1 THE CITY SHALL PROVIDE THE FOLLOWING RESPONSE TIME THAT HAS BEEN ESTABLISHED BY PALM BEACH GARDENS FIRE RESCUE ACCORDING TO A FRACTILE STANDARD ESTABLISHED DURING ITS ACCREDITATION PROCESS: 1. THE CITY SHALL PROVIDE AN INITIAL EMERGENCY FIRE AND RESCUE RESPONSE TO ALL OF THE URBAN SERVICE AREA IN SIX MINUTES THIRTY SECONDS OR LESS. THIS RESPONSE TIME INCLUDES THE FOLLOWING PROCESSES: 91 1 CALL, ALARM AT FIRE STATION, DEPLOY, AND TRAVEL TIME. 2. THE RURAL SERVICE AREA SHALL HAVE AN EIGHT (8) MINUTE RESPONSE TIME. F e D OBJECTIVE 10.1.2.2 THE CITY SHALL MAINTAIN AN ACCEPTABLE POLICE SERVICE STANDARD INDEX NOT TO EXCEED 1,000 CALLS PER PATROL OFFICER PER YEAR TO SERVE THE URBAN AREA. A COMMUNITY ORIENTING POLICING PHILOSOPHY SHALL BE UTILIZED IN THE URBAN AREA. THE CITY SHALL SUPPORT A BALANCE BETWEEN RESPONSE TO INCIDENTS AND PROACTIVE PATROLS. Staffcomment: The proposed amendment@lflls the objective to provide emergencyfire rescue and police response by &@ning the year of the conslruction of certain inpastructure thatfmilitates those objectives. CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN The proposed CIE amendment is consistent with certain Goals and Objectives within the Palm Beach County Comprehensive Plan as demonstrated by the following listed examples from that Plan: Transportation Element Goal 1. A Level of Service It is the GOAL of Palm Beach County to provide an interconnected multimodal transportation system which moves people, goods, and services in a safe, efficient, convenient and economical manner with minimal adverse impact to the environment. Staffcomment: The proposed CIE amendment is consistent with Palm Beach County’s goal. The 5 Meeting Date: March 4,2010 Petition No. CPTA-09-10-OOOO17 Ordinance01,2010 CIE defines the year of the construction of certain roadway segments which allow the City and County to meet LOS while having the development community pay its pro-rata share. Capital Improvement Element Goal 1. Uses of the Capital Improvement Program It is the GOAL of Palm Beach County to utilize a capital improvements program to coordinate the timing and to prioritize the delivery of public facilities and other capital projects; a program that supports the growth management Goal, Objectives and Policies of the Palm Beach County Comprehensive Plan and encourages efficient utilization of its public facilities and financial resources. Staffcomment: The proposed CIE amendment will allow the City to coordinate with the County on the timing offacility, infrastructure and service improvements. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN The proposed CIE amendment is consistent with the overall Treasure Coast Regional Planning Council’s Strategic Regional Policy Plan as demonstrated by the following listed goals: Regional Goal 7.3 - Reduce vulnerability to disasters and increased public safety. Staff Comment: The proposed CIE amendment includes the scheduled construction of a City thoroughfare roadway which will allow for an additional arterial to the State designated evacuation roadways. The proposed CIE also has identifed a schedule for certain public safety improvements to improve the Police and Fire Departments. Regional Goal 5.1 -Lives and Properly which are less susceptible to disasters. Staffcomment: The proposed CIE amendment includes scheduled debt payments for improvements to the City’s drainage system that will reduce the number of high water andjlooding incidents. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187. Florida Statutes) The proposed land-use amendment is consistent with the overall intent of the State Comprehensive Plan. The following State Goals and Policies are specific examples of that consistency: Public Facilities - Florida shall protect the substantial investments in public facilities that already 6 Meeting Date: March 4, 2010 Petition No. CPTA-09-10-000017 Ordinance 01,2010 exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient manner. Staffcomment: The CIE amendment is consistent with the State 's public facilities goal because the City has developed and will implement a schedule ofpublic facility and infi.astructure nee& which includes the anticipatedfinancing sources. Transoortation -Florida shall direct future transportation improvements to aid in the management of growth and shall have a State transportation system that integrates highway, air, mass transit, and other transportation modes. Staff Comment: The proposed CIE amendment has scheduled the construction of the extension of Grandiflora Road and several new roads internal to the proposed Briger Development of Regional Impact (DW, which is currently under review by the Cify and various governmental agencies. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS On November 20, 2009, the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) was notified of the proposed amendment. No objections have been received to date. PLANNING. ZONING AND APPEALS BOARD PZAB) On December 08,2009, the Planning, Zoning and Appeals Board (PZAB), sitting as the Local Planning Agency (LPA), recommended approval of the petition by a vote of 7-0. CITY COUNCIL On February 04,2010, the City Council voted 5-0 to pass Ordinance 1,2010 onto second reading. STAFF RECOMMENDATION: Staff recommends APPROVAL of Ordinance 01,2010 on second reading. 7 GENERAL FUND Revenues Expenditures Personnel & Operating Capital Outlay Debt Service Transfen Subtotal Expenditures SPECIAL REVENUE FUNDS Revenues Expenditures Personnel & Operating Capital Outlay Debt Service Transfers Subtotal Expenditures IMPACT FUNDS Revenues Expenditures Personnel & Operating Capital Outlay Debt Service Transfers Subtotal Expenditures TOTAL. REVENUES TOTAL EXPENDITURES Balance Carryforward Current Year Change Ending Balance CITY OF PALM BEACH GARDENS FIVE YEAR PROJECTION FISCAL YEARS 2010 - 2014 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 65,443,620 64,986,091 67,572,792 70,886,755 74,378,13 1 62,142,388 63,282,866 64,033,382 64,822,140 65,751,958 1,156,576 1,520,750 1,114,700 1,706,088 3,986,000 3,276,382 3,272,658 3,265,162 3,442,105 2,861,938 625,000 637,500 650,250 663,255 676,520 67,200,346 68,713,774 69,063,494 70,633,588 73,276,416 5,078,312 5,230,661 5,387,581 5,549,209 5,715,685 4,869,974 5,113,473 5,369,146 5,637,604 5,919,484 299,000 399,000 899,000 449,000 616,000 5,168,974 5,512,473 6,268,146 6,086,604 6,535,484 1 713,600 1,887,612 4,258,336 4,342,914 676,520 305,000 311,100 3 17,322 323,668 330,142 1,420,000 525,000 2,000,000 1,800,000 1,525,000 916,370 979,045 979,545 982,770 979,140 2,701,370 1,815,145 3,296,867 3,106,438 2,834,282 $ 72,235,532 $ 72,104,365 $ 77,218,709 $ 80,778,878 $ 80,770,336 $ 75,070,690 $ 76,041,391 $ 78,628,507 $ 79,826,630 $ 82,646,181 $ 20,255,731 $ 17,420,573 $ 13,483,546 $ 12,073,748 $ 13,025,996 (2,835,158) (3,937,027) (1,409,798) 952,248 (1,875,845) $ 17,420,573 $ 13,483,546 $ 12,073,748 $ 13,025,996 $ 11,150,151 C\Documents and Settings\rmarrero\locaI Settings\Temporary Internet Files\Content.Outlook\LYWL9NT\Feasibility A~.I~~~c mininia CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS PUBLIC SCHOOL FACILITIES SUPPORT DOCUMENTS The City of Palm Beach Gardens June 2008 CAPITAL IMPROVEMENTS ELEMENT SUMMARY The Capital Improvement Element (CIE) contains the Goals, Objectives and Policies which guide the City’s fiscal policies to provide adequate facilities. The proposed changes to the CIE are minor in nature as part of the EAR-based amendments. They include: Modification of Level of Service (LOS) standards that reflect proposed changes in the Public Safety Element; Included policies which address changes in State Statutes to allow for developer funded improvements to be located within the Five-Year Schedule; and 0 Modified formatting, updated linguistics in the text formatting, and removed duplicative information. Table 9A of this element contains the budget items required to achieve or maintain levels of service, and it is updated on an annual basis immediately after the adoption of the City’s Capital Improvement Program (CIP). Because the City must transmit the EAR-based amendments prior to the adoption of the new CIP. the EAR-based amendment will not contain updates to Table 9A. The annual CIE update reflecting the changes to the CIP will be a separate amendment process. The update to Table 9B, which reflect the School Board’s CIP, is similarly affected. The following initiatives are part of the proposed Capital Improvement Element: Ensure the construction, replacement and maintenance of capital facilities which are necessary to achieve and maintain adopted LOS. (Objective 9.7.7., Page 9- 7, Existing) Future development shall bear a proportionate cost of facility improvements necessitated by the development in order to maintain LOS standards. (Objective 9.7.2., Page 9-2, Exisfing) Ensure the provision of needed capital improvements for previously issues development orders, and for future development and redevelopment. (Objective 9.7.3., Page 9-2, Existing) Maintain a minimum LOS for traffic circulation, potable water and sanitary sewer, solid waste, drainage, recreation and open space, and public safety. (Objective 9.7.4., Page 9-3, Existing) Capital Improvement and Public School Facility Elements City of Palm Beach Gardens Page 9-2 Ordinance 14, 2008 lne rollowing studies or actions are recommended as part of the EAR-based comprehensive plan amendments: l-lll_.___I____~ _l___.-.l. ~ __-^_ STUDYIPLANIACTION [This section has been intentionally left blank.] Capital Improvement and Public School Facility Elements City of Palm Beach Gardens Page 9-3 Ordinance 14, 2008 PUBLIC SCHOOLS FACILITIES ELEMENT SUMMARY Legislation enacted by the 2005 Florida Legislature (Senate Bill 360, Laws of Florida 2005-290) mandates a comprehensive focus on school planning by requiring local governments and school boards to adopt a school concurrency system. School concurrency ensures coordination between local governments and school boards in planning and permitting developments that affect school capacity and utilization rates, With the passage of Senate Bill 360, school facilities concurrency is no longer optional. The following sections of Chapter 163, Part 11, F.S., should be interpreted as a whole rather than individually. To implement school concurrency, local governments and school boards are required to: . . . . Update existing public school interlocal agreements and the Intergovernmental Coordination Element to include coordinated procedures for implementing school concurrency (Sections 163.3177(6)(h)( I), 163.31 777, F.S., and 163.31 80(13), F.S.; Adopt a Public School Facilities Element (P.S.F.E.) into the comprehensive plan; Adopt level-of-service (L.O.S.) standards to establish maximum permissible school utilization rates relative to capacity, and include L.O.S. standards in an amended Capital Improvements Element of the comprehensive plan and in the updated interlocal agreement; Establish a financially feasible Public School Capital Facilities Program and include this program in an amended Capital Improvements Element of the comprehensive plan; Establish proportionate-share mitigation methodology and options to be included in the P.S.F.E. and the interlocal agreement; Establish public school Concurrency Service Areas (C.S.A.s) to define the geographic boundaries of school concurrency, and include the C.S.A.s in the updated interlocal agreement and in the supporting data and analysis for the comprehensive plan; (Source: www. dca. state. fl. us/fdcp/dcp/SchoolPIanninq/index. cfm#what) The Public Schools Facilities Element in the Citys Comprehensive Plan has a single goal, which is to provide for the future availability of public school facilities consistent with the adopted Level of Service Standards. Within the subsequent Objectives and Policies, other areas including safe access to schools, coordination with the School District on new information, and school capacity related to LOS, are all addressed. The proposed EAR-based amendments include some minor additions within the Public Schools Facilities Element. The additional Policies are being added to allow for the: Capital Improvement and Public School Facility Elements City of Palm Beach Gardens Page 9-4 Ordinance 14, 2008 Depiction of School facilities on the Future Land Use Map; Encouragement of safe access to schools, including sidewalks, bike paths, turn lanes, traffic calming, and signalization; Encouragement of high quality public school facilities and coordination with Palm Beach County School Board to promote the architecture and appearance of public school facilities; Coordination with Palm Beach County and the School District of Palm Beach County to share data on an annual basis to improve the process; and Coordination with all parties of the PBC Public School lnterlocal Agreement in the event an amendment is necessaty. Capital Improvement and Public School Facility Elements City of Palm Beach Gardens Page 9-5 Ordinance 14, 2008 Date Prepared: June 9,2005 I 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 31 38 39 40 41 42 43 44 45 46 RESOLUTION 94,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AMENDMENTS TO RESOLUTION 207, 2002, THE DEVELOPMENT ORDER FOR COMMUNITY DISTRICT (PCD) LOCATED ON THE WEST SIDE OF THE RONALD REAGAN TURNPIKE, SOUTH OF NORTHLAKE BOULEVARD, AND NORTH OF THE BEELINE HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN PROVIDING FOR AN AMENDED CONDITION OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. "PARCEL A - SINGLE-FAMILY'' WITHIN THE GABLES PLANNED WHEREAS, on July 18. 2002, the City Council adopted Ordinance 3, 2002, which approved the rezoning from Planned Development Area (PDA) to a Planned Community Distrlct (PCD) Overlay with an underlying zoning of Residential Low (RL-3), known as the Gables Planned Community District; and WHEREAS, on November 21, 2002, the City Council approved 450 multi-family units in Resolution 206,2002 and 200 single-family units in Resolution 207,2002; and WHEREAS, the City has received an application (MiSC05-05) from Mr. Maw Minor, agent for Northlake Boulevard, LLC and Gables Construction, Inc. and M/I Homes, for approval of a request for an extension of the requirement for the completion of the singie-famlly recreation facility prior to the issuance of the 60" Certificate of Occupancy (30%) to the issuance of the 97" Certificate of Occupancy (50%) for the single-family homes within 'Parcel A - Single-Family" of the Gables PCD, which is located on the west slde of the Ronald Reagan Turnpike, south of Northlake Boulevard, and north of Beeline Highway, as more particularly described herein; and WHEREAS, the site is currently zoned Planned Community District (PCD) Overlay with underlying zoning of ResMenUal Low 3 (RL-3), and has a future land-use deslgnation of Residential Low (RL): and and has determlned that it is sufficient; and best Interest of the citizens and residents of Ihe City of Palm Beach Gardens. WHEREAS, the Growth Management Department has reviewed sald application WHEREAS, the City Council has deemed approval of this Resolution to be in the NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: Dale Prepared: June Q, 2005 Resolution W, 2005 1 2 3 4 5 6 I 8 9 10 11 I2 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 I. The foregoing recitals are hereby affirmed and ratified. SECTIONZ. The amended condition of approval for Parcel A - Single-Family within the Gables Planned Community District (PCD) Is APPROVED on the following described mal property, subject to the conditions of approval contained hemin, whlch am in additkn to the general requlrements otherwise provided by ordinance: LEGAL DESCRIPTION: GABLES AT NORTHLAKE, ACCORDING TO THE REPLAT NO. 1 THEREOF, RECORDED IN PLAT BOOK 96 PAGE I94 THROUGH PAGE 199 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LANDS SITUATE AND LYING, IN THE CITY OF PLAM BEACH GARDENS. PALM BEACH COUNTY, FLORIDA. SECTION 3, Said Site Plan Is approved subject to the following conditions, which shall be the responsibllity of tha applicant, its successors, or assigns. I. The single-family main recreation area shall be completed prior to the issuance of the 97 W' Certificate of Occupancy for a single-family unit. (Planning & Zoning) Prior to the issuance of the first single-family or multi-family Certificate of Occupancy, the main entry signage and landscaplng shall be installed. (Planning & Zoning) 2. 3. The applicant shall maintain a six (6) foot clearance zone between buildings while delerrnlning the placement of mechanical equipment and accessory structures. (Planning & Zoning) JransnottaUon I Traffic Concurrency 4. Pursuant to the terms of Ordinance 10. 2003. -he project build-out date is December 31.20Oaz. (City Engineer) Prior to the issuance of the first building permit, exduding permits for dearlng of exotic vegetation, the applicant shall submit a Master Slgn and Pavement Construction Plan for review and approval by the City. (Planning B Zoning) 5. 45 46 Dale Prepared June 9,2005 Resoldon 94.2005 1 0. 2 3 4 5 6 I 8 7. 9 10 11 12 13 14 1s 16 Prior to the issuance of the first building permit. the applicant shall submit to the City for review and approval a Pavement Marking and Signage Plan which Identifies the locatkn of all proposed signage and markings, such as stop slgnslbars, pedestrian crosswalks and signage, directional signage. etc. A registered engineer licensed in the State of Florida shall certiry the Pavement Maklng and Signage Plan. (City Engineer) Prior to the issuance of the final Certificate of Occupancy, the applicant, successors, or assigns shall conduct signal warrant studies of the Hiatt Drive and Northlake Boulevard intersection beginning at the issuance of the 50th Certificate of Occupancy and every six (6) months thereafter until the Issuance of the final Certificate of Occupancy. Should the warrant indicate a need for a signal, the applicant, successor, or assigns shall be required to pmvlde a pro-rata share of installation costs as determined by the City Engineer. (City Council) 17 Miscellaneous 18 19 8. 10 21 12 23 14 9. 25 26 27 28 19 10. 30 31 32 33 34 35 36 37 Prior to the issuance of the first Certificate of Occupancy of a residential unit, the applicant shall submit the Property Owners Association and Homeowners Association documents for review and approval by the City Attorney. (City Attorney) Within ninety (90) days from the issuance of the first Certificate of Occupancy of a dry model, the sales center located off of Northlake Boulevard shall be removed and the area restored to the approved Planned Community Dlszrict (PCD) Buffer Plan. (Planning & Zoning) The applicant successors. or as8lgns shall requlre all homeowners to maintain a mlnimurn six (0) foot dear zona. within at least one side-yard setback for each home, which shall be maintained free from air conditioning equlpment, fencing. and iandscaplng obstructlons between all structures. This restridon shall be incorporated within the Gables Master DeclaraUon of Covenants, Conditions, and Restrictions and recorded in the public records as a restriction against the property. Bullding permlts for lndhrklual homes shall show all landscaping, fencing, and mechanlcal equipment, and shall show the SIX (6) foot dear zone. (Planning & Zoning) 38 39 40 41 42 43 44 45 46 11. UnUi such tlme as the Issuance of the certificate of completion for the first dry model, the applicant. successors, or assigns shall use the sales center off of Northlake Boulevard for customer parking, and shall use a sales representative to escort prospective home buyers to the models on site. No access by the general public shall be allowed to a model unit until the cartifmte of completion is issued. (Planning & Zoning, Code Enforcement) 3 Date Prepared: June Qa 2005 Rssdutbn 94,2005 I 2 3 4 5 6 7 8 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 12. The applicant shall restrict rear screen enclosures to only allow bronze- colored structures. (Planning & Zoning) 13. The applicant shall wnsbuct the development in accordance with Crime Preventlon Through Environmental Design (CPTED) principles, which consist of the following: a. The applicant shall provide metal halide lighting within the entire amenity (recreation) areas and along the spine road. The applicant shall provide high-pressure sodium lighting within the single-family community not frontlng on the spine roadway around the central lake feature. b. Landscaping, including long-term tree growth, shall not conflict with lighting. c. A timer dock or photocell sensor engaged llghting shall be Installed above or near entryways to residences and ell sldewalks. d. Street and pedestrian walkways shall use lighting that is no greater than 14 feet in height. e. Numerical addresses shall be Illuminated for nighttime visibility, shall have Mdldonal visibility from the roadway, and shall be a mlnimum of six inches in height. f. The appllcant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (Police) 14. Prior to the Issuance of any bulldlng permit, the applicant shall: a. Provide a street address system depicting street names and residential numerical8 for emergency response purposes. Address system depiction shall be In 8.5’ X 11’ map format. (Police) b. Install and have operational, temporary roechvays and fire hydrants appmved by the City Engineer and Fire Department for ail of the dry models, (City Engineer, Fire Rescue). c. Provide canopy trees at the rear of the lots along Jog Road extension and Northlake Boulevard In lieu of a cluster of palms. (Planning & Zoning) Dale Prepared June 9,2005 Resolullon 94,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 15. The applicant shall post surety prior to the issuance of a building permit for the model homes for lots 15, 16. and 17 (45-foot models); lots 47 and 48 (SO-foot models); lots 47 and 48 (townhouse model lots); and the sales trailer on lot 5 for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of onethird (113) of the hard costs of construction of all of the proposed models. (City Engineer) 16. Prior to December 31 of every year following said project's approval, the applicant, sumssors, or assigns shall submit to the Growth Management Department, Planning and Zoning Vision, an annual report of the status of the project, including, but not limited to, the number of permits issued, the number of certificates of occupancy issued, and the compllance or status of any conditions of approval placed on the project by this approval and any future approval until the project is completed. (Planning 8 Zoning) 17 18 17. All single-famlly homes shall mply with the design guklelines, which are attached hereto as Exhibit 'B.' (Planning 8 Zoning) 19 .. 20 2 t 22 SECTION 4, The Clty Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 23 1. 24 25 26 27 2. 28 29 30 31 3. 32 33 34 35 4. 36 37 39 5. 40 41 42 43 44 45 46 3a Section 78-141, Residential Zoning Dlstrict Regulations, Lot Coverage, to allow 50% lot coverage. The Land Development Regulatlons ailow a maximum of 35% lot coverage. Section 78-141, Residential Zoning District Regulations, Lot Width, to allow 30-foot lot widths. The Land Development Regulatlons require a minimum of 85 feet in width. Section 78-141, Residential Zoning District Regulations, Lot Area, to allow a mlnlmum 3.0QO-square-ht lot area. The Land Development Regulations require a minlmum of 6,500 square feet In area. Section 78-141, Resldentlal Zoning Dlstrlct Regulations, Front Setback, to allow for a minimum 12-foot front setback. The Land Development Regulations require a minimum 25-fool front setback. Sadion 78-141. Residantlal Zoning District Regulations. Side Setback. to allow for a mlnlmum 0-foot side setback. The Land Development Regulations require a mlnlmum of 7.5 feet or 10% of the lot width, whichever Is greater. for the side setback. Dale Prepared: June 9,2005 RcsMkil04,2005 I 2 3 4 5 6 1 8 9 10 11 12 13 14 I5 16 17 I8 19 20 21 22 23 24 25 26 21 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 6. 7. 8. 9. 10. 11. 12. Section 78-141, Residential Zoning District Regulations, Side Street Setback, to allow for a minimum IO-foot side setback. The Land Development Regulations require a minimum of 20 feet for the side street setback. Section 78-141, Residential Zoning District Regulations, Rear Setback, to allow for a 5-foot rear setback. The Land Development Regulatlons require a minimum 10-foot rear setback. Sedion 78-285, Signs for Residential Development, to allow two (2) sign faces on the entrance signage. The Land Development Regulations allow a maximum of one (1) sign face per development. Section 78-498, Minimum Rights-of-way and Pavement Widths, to allow for a 20-foot minimum right-of-way pavement width. The Land Development Regulations require a minimum 40-foot right-of-way width. Section 78-341, Intent (off-street parking), to allow for on-street parking. The Land Development Regulations do not provide for on-street parking. Section 78-441(c), Plat Approval Prior to Dry Model Permits, to allow for the issuance of building permits for model homes prior to platting. The Land Development Regulations require that no building permits be Issued prior to recordation of a plat with Palm Beech County. Section 78-506, lo allow for sidewalks on one side of the street The Land Development Regulations require sidewalks on both sides of the street. SECTION 5, Said Site Plan within a Planned Community District (PCD) shall be constructed in compliance with the following plans on file with the City's Growlh Management Department: 1. 2. 3. 4. 5. October 4, 2002, Site Data and Site Plan by Shah Drotos & Associates, October 4,2002, Paving, Grading and Drainage Details by Shah Drotos 8 Associates. sheets SP-8 through SP-9. October 4. 2002, Preliminary Englneering Plan by Shah Dmtos & Associates, sheets CE-1 through CE-5. Sheets SP-1 through SP-7. September 3, 2002. Landscape Plan by Murakaml Landscape Architects, Inc. and Urban Design Studio, sheets L-1 through L-7. July 2, 2002. Main Entrance Plan by Murakami Landscape Architects. Inc.. sheet L-8. Dale Preparsd: June 9,2005 ResoMlon 94.2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 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. October 3.2002, Photometric Plan by KTD Consulting Engineers, sheet ES- I. 7. June 14, 2002, Typical Lot Landscape Plans by Cotleur Hearing, Inc., sheets I through 5. 8. June 24,2002, Recreational Facility Site Plan by Cotleur Hearing, Inc., one sheet. 9. June 14, 2002, Recreation Area and Open Space Landscape Plans by Cotleur Hearing, Inc., two sheets. 10. July 3, 2002, Temporary Sales Trailer Plan by Cotleur Hearing, Inc., one sheet. 11. July 5, 2002, Temporary Sales Trailer Elevations by Steven J. BNh, 12. June 10,2002. Plot Plan for 45' Lot Homes by MI1 Homes, two sheets. Architect, sheet 1 of I. 13. June 10,2002, Floor Plans and Elevations for 45' Lot Home Type '0" by MII Homes, sheets D-1 through D-4 (D-2 & D-4 dated December 20,2001). 14. June 10,2002, Floor Plans and Elevations for 45' Lot Home Type 'E' by M/l Homes, sheet E-I. 15. June 1 I, 2002, Floor Plans and Elevations for 45' Lot Home Type "E' by M/I Homes, sheet E-2. 16. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "E" by MI1 Homes, sheet E-3. 17. June 11,2002, Floor Plans and Elevations for 45' Lot Home Type 'F' by Mn Homes, sheet F-1. 18. December 20, 2001, Floor Plans and Elevations for 45 Lot Home Type 'P by M/I Homes, sheets F-2 through F-3. lg. December 20,2001, Floor Plans and Elevations for 45' Lot Home Type 'H' by MI1 Homes, sheets H-I through H-2. 20. June 11,2002, Floor Plans and Elevations for 45' Lot Home Type 'J' by Mn Homes, sheet J-I . 21. December 20. 2001, Floor Plans and Elevations for 45' Lot Home Type 'J' by MI1 Homes, sheets J-2 through 5-3. Dale Prepared June 9.2005 Resolution 84,2005 I 2 3 4 5 6 7 8 9 IO 11 12 13 14 IS 16 17 19 20 21 22 23 24 25 26 21 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ia 2a 22. 23. 24. 25. 26. 21. 28. 29. 30. 31. 32. June 11,2002, Floor Plans and Elevations for 45' Lot Home Type 'K' by MI1 Homes, sheet K-1. December 20,2001, Floor Plans and Elevations for 45' Lot Home Type "K' by MA Homes, sheet K-2. June 11,2002, Floor Plans and Elevations for 45' Lot Home Type 'L' by M/I Homes, sheet L-1. December 20, 2001. Floor Plans and Elevations for 45' Lot Home Type 'L' by MA Homes, sheets L-2 through L-3. June 10,2002, Plot Plan for 60' Lot Homes by M/I Homes, one sheet. June 10, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme '2718" by Mn Homes, sheet 1. December 20,2001, Floor Plans and Elevations for 60' Lot Homes Scheme '2778" by Mn Homes, sheets 2 through 3. December 20,2001, floor Plans and Elevations for 60' Lot Homes Scheme "2938" by MI1 Homes, sheets 1 and 3. June 11, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme '2938" by MI1 Homes, sheet 2. December 20,2001, Floor Plans and Elevations for 60' Lot Homes Scheme "2941" by Mn Homes, sheets 1 and 3. June 11, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme '2941" by M/I Homes, sheet 2. 33. June 10, 2002. Floor Plans and Elevatlons for 60' Lot Homes Scheme '31 B4" by M/I Homes, sheet 1. 34. December 20,2001, Floor Plans and Elevations for 60' Lot Homes Scheme '3194" by MA Homes, sheets 2 through 3. 35. June 10,2002. Plot Plans for Townhouses by MII Homes, one sheet 36. December 28, 2001. Floor Plans and Elevation for Townhome Type '1" by MA Homes, sheets 1-1 through 1-6 (sheets 1-1 and 1-4 dated June 11. 2002). Date Prepared: June 9,2005 Resolulbn %I, 2005 (The remainder of this page lefl intentionally blank) 1 2 4 5 6 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 21 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 37. December 28,2002, Floor Plans and Elevations for Townhome Type ”2” by MII Homes, sheets 2-1 through 2-6 (sheets 2-1 and 2-4 dated June 11, 38. December 28,2002, Floor Plans and Elevations for Townhome Type ’3” by MII Homes, sheets 3-1 through 3-6 (sheets 3-1 and 34 dated June 11, SECTION 6. Said approval shall be consistent with all representations made by SECTION 7. This Resolution shall become effective immediately upon adoption. 3 2002). 7 2002). the applicant or applicant’s agents at any workshop or public hearing. Dale Prepared: June 9,2005 Resolution 94.2005 1 PASSED AND ADOPTED this 7s" day of JJL~ ,2005. 2 1 3 4 5 6 7 8 9 ATTEST: 11 13 14 1s 16 17 LEGAL SUFFICIENCY APPROVED AS TO FORM AND 18 19 20 BY 21 Christine P. Tatum. City Attorney 22 23 24 25 VOTE: 26 21 MAYOR RUSSO 28 29 VICE MAYOR JABLIN 30 31 COUNCILMEMBER LEVY -- AYE NAY I\BSENT J --- 32 33 COUNCILMEMBER VALECHE 34 35 COUNCILMEMBER BARNEll 36 37 38 39 40 41 42 43 44 45 46 O~~~~reWESOLUrlONS~~ doa . nto $4 2WS.doc 10 c 6 n - P ~ .. f i 4 .. .. r 6 000 m I I .. N 6 n N D I r 6 n r D i - b n c P :.. .. .. .. .- . -. . -. . -.- -. -. .. .. .- - - -. P a 4 i A 9 .. .. .-:- .. .. . .. 4 8' '8' " ' '8' " " :. z. L" z T E. f gg 3 s c 2 0 0 N m rl 0 N rl 0 N 2 N .I 0 N . rl rl 0 N rl rl 2 2 . 0 N 4 0 N 0 0 N I m z 0 ORDINANCE 1,2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTIONS 163.3177 AND INITIATED AMENDMENT WHICH PROVIDES FOR THE ANNUAL SCHEDULE WITHIN THE CAPITAL IMPROVEMENTS ELEMENT, INCLUDING REVISED TEXT NECESSARY TO UPDATE TABULAR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING THAT THE TEXT AND DATA, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT OR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A CITY- UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS WHEREAS, the City Council adopted the City of Palm Beach Gardens Comprehensive Development Plan on January 4, 1990; and WHEREAS, the City Council adopted Ordinance 8, 2005 on June 16, 2005, which required an annual update of the Five-Year Schedule of Capital Improvements; and WHEREAS, Policy 9.1.1.1. of the City’s Comprehensive Development Plan requires all capital facility projects (renewal and replacement) needed to achieve and maintain the adopted level of service and which are over $50,000 in estimated costs to be included in the Five-Year Schedule of Capital Improvements; and WHEREAS, the City Council has determined that it is necessary to repeal Table 9A 8 Table 9B of the Capital Improvements Element and readopt same, as revised, in order to update the Capital Improvements Element consistent with Policy 9.1 .I. 1. and Ordinance 8, 2005; and WHEREAS, on December 8, 2009, the Planning, Zoning, and Appeals Board, sitting as the Local Planning Agency, recommended approval of this amendment to the Capital Improvements Element of the Comprehensive Plan by a vote of 7-0; and 1 2 3 4 5 6 7 8 9 10 11 12 Ordinance 1. 2010 WHEREAS, the City of Palm Beach Gardens has held all duly required public hearings and has received public input and participation through public hearings before the Local Planning Agency and the City Council in accordance with Section 163.3184, et seq., Florida Statutes; and WHEREAS, the City Council finds that this amendment is consistent with the City’s Comprehensive Development Plan; and WHEREAS, the City Council desires to adopt the amendment to the current Comprehensive Development Plan to guide and control the future development of the City, and to preserve, promote, and protect the public health, safety, and welfare. 13 14 15 16 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. 19 20 21 22 23 24 25 26 27 28 SECTION 2. The Capital Improvements Element of the City’s Comprehensive Plan is hereby amended by repealing Tables 9A and 96 and readopting same as revised; providing that Tables 9A and 96 shall hereinafler read as follows: Table 9A CITY OF PALM BEACH GARDENS CAPITAL IMPROVEMENTS ELEMENT (This replaces the old Table 9A) FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS 29 2W9R010 Mi012011 20lliz012 MI22013 MIMOI4 SOURCE TRANS1 - ’ORTATION I Traffic Sional-Gardens Parkwav 8 Kew Gardens Dr I I I I I i I Cary Fohard $396,000 Impact Fees Traffic SgnalHyaU Or Prmr Yearcafry Forward S114,OW Devebper Traffic Sgnal-Kew Gardens @ Minsk Gardens Bivd s W,O impact Fees Traffic Slqnal-Fairchild Gardens Dr @ Fairchild - Avenue $ 5w,m Impact Fees Traffic Sgnal-Military Trail @ Johnson Dairy Road s 5w,m impact Fees Traffic Signal Instailatbn S W,O ImpactFees Kyoto Gardens Drive ExlensinWrbr Year Cany Forward I s66.m I I I I I ImpaCtFees Bridge Refurbishment Ptcqrarn S299,OW I u99.m I w9,m I w9.m I W9,W I GasTax Traffic slqnal-PBG High Scbl Lilac SL - Caw I I I Tdal S 2.WB.7W S 1,328,400 5 7,036.W S 1,878,890 t 2,147,060 Ordinance 1,2010 POLICE b215,OW 8550,OW $1,010,000 $235,033 ansbn FIRE RESCUE 6433,OW S715.450 $440,450 $150.033 DWNAGE General Stomwater Debt Paymnk 5369,200 $368,400 $367,000 $369.800 $366,985 Fund Total $369,209 $368,409 6367,009 $369,809 $366,985 PUBLIC FACblllES General Replacement of Fmntend Loader $230,oOO Fund General S125,WO Fund Replacement of Backhoe Purchase 16 yd. Dump TNC~ $100,0 GasTax Fire Rexue Unn. Replaoemenk $195,033 $195.0 Fund Fleet Maint Tohl sa J195,OW so S195,OW s455.m PARKS 6 RECREATION Ordinance 1,201 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Grand Total All Elements S9.062.400 S.?197250 S9,?38$50 sC.603,690 S6,3?4045 Table 9B CITY OF PALM BEACH GARDENS Summary of Capital Improvements Program for Palm Beach County School Board Adopted on September 09,2009 (This replaces the old Table 9B) (Table 9B on the following pages) Ordinance 1. 2010 1 Ordinance 1. 2010 - .- /jL Ordinance 1,2010 Ordinance 1.2010 1 2 Ordinance 1.201 0 Ordinance 1,201 0 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 SECTION 3. The City's Growth Management Administrator is hereby directed to transmit one (1) copy of the amendment to the current Comprehensive Development Plan to the State Land Planning Agency within ten (IO) working days of adoption, along with a copy of the executed adopting ordinance, ordinance effective date, a copy of the public hearing notice, and all other necessary documents in accordance with Section 163.3187, et seq., Florida Statutes. A copy of the above shall also be sent to the Treasure Coast Regional Planning Council and to any other unit of local government that has filed a written request for same. SECTION 4. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 5. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 6. Specific authority is hereby granted to codify this Ordinance. SECTION 7. This amendment shall become effective thirty-one (31) days after adoption. No development orders, development permits or land uses dependent on this amendment may be issued or commence before it has become effective. If the Ordinance is timely challenged by an "affected person" as defined in Chapter 163, Florida Statutes, the amendment does not become effective until a final order is issued finding the amendment in compliance. (The remainder of this page intentionally left blank) Ordinance 1, 2010 1 2 3 PASSED this - day of PASSED AND ADOPTED this - day of , 2010, upon first reading. , 2010, upon 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 second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor - David Levy, Vice Mayor - Eric Jablin, Councilmember ___ Jody Bamett, Councilmember Robert G. Premuroso, Councilmember ATTEST BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney FOR AGAINST ABSENT 46 47 G:\attomey_shamU)RDl~NCESUO1O\Ordinance 1 2010 - CIE.doc 11 V. VI. VII. VIrL CITY OF PALM BEACH GARDENS COUNCIL AGENDA March 4,2010 200 P.M. Mayor Russo Vice Mayor Levy Council Member Jablin Council Member Barnett Council Member Premuroso PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS. MODIFICATIONS: ANNOUNCEMENTS /PRESENTATIONS CITIZEN RECOGNITION - TAMMY CAMP. ITEMS OF RESIDENT INTEREST AND BOARD/COMMI'ITEE REPORTS: CITY MANAGERREFORT COMMENTS FROM THE PUBLIC mor Items Not on the Anenda. ~ltrrse submit reauest form to the ci clerk Drier to ais Item) CONSENT AGENDA: a b. C [Page 3) APPROVE MINUTES FROM FEBRUARY 4, 2010 CITY COUNCIL MEETING. jPane 7) APPROVE MINUTES FROM FEBRUARY 18, 2010 CITY COUNCIL MEETING. [Staff Report on Page 12, Resolution on Page 14) RESOLUTION 8, 2010 - TEMPORARY CONSTRUCTION EASEMENT TO BE GRANTED TO PALM BEACH COUNTY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO PROPERTY TO PALM BEACH COUNlY AND TO EXECUTE TWO (2) TEMPORARY CONSTRUCTION EASEMENTS WHICH GRANT LIMITED EASEMENTS OVER CITY-OWNED PROPERTY TO PALM BEACH COUNTY IN ORDER TO FACILITATE THE WIDENING OF MILITARY TRAIL NECESSARY TO ACCOMMODATE AN ADDITIONAL SOUTHBOUND LEFT-TURN LANE ONTO BURNS ROAD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. EXECUTE THREE (3) QUIT-CLAIM DEEDS TO CONVEY CITY-OWNED IX. PUBLIC HEARINGS: f" Dcrinrytcr Omasd - dieirlHcaring) ;Staff Report on Paw 40, Ordinance on Paqe 92) 1,2010 - IMPROVEMENTS ELEMENT. AN ORDINANCE OF THE CITY COUNCIL OF PALM BEACH GARDENS, FLORIDA ADOPTING AN TO ITS COMPREHENSNE DEVELOPMENT PLAN IN 4CCORMNCE WlTH THE MANDATES SET F0RTt-l IN SECTIONS 163.3177 AND 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A 'P READING AND ADOPTON) - TEXT AMENDMENT TO THE CAPITAL ZITY-INCTIATED AMENDMEW wxK=H PROVDES FOR THE ANNUAL UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS SCHEDULE MTI-UN THE CAPKAL MPFtOEM"S ELEMENT, INCLUDING REVISED JMPf?ovE#IEwTs ELEMENT; PFtUVtDING THAT THE TEXT AND DATA, AS AMENDED OR REVISED, SHAU BE SUBSTITUTED FOR AND REPLACE ELEMENT; PRovlDlNG FOR TRANSMITlAL TO THE STATE LAND PLANNING pRovIo(NG A CONFLICTS CLAUSE, A SRIERABlUTv CLAUSE, AND AUT" TO v, PROVIDING AN rm NECESSARY TO UPDATE TABULAR DATA IN THE CAPITAL mE EXSTING TEXT OR DATA 1~ mE CAPITAL IMPROVEMENTS X. RESOLUTIONS: XL ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY A'ITORNEY REPORT XIII. ADJOURNMENT PLEASE TA&E NOTICE AND BE ADVISED thaf ifany intemstdpariy wishes to appeal any decision made by the City Covrncilwith mpct to any lrtrrlter wnsihed at this public hearing, such interested pasons wiU need a rd qfthepmcdngs and may need to ensure that a vehdirn rCC03Yl is ma&, irrclwding the &.dmony and evidence upon which the appeal is to be based In acconlance with the Amaicans WitR DbaMtks Ad and sadion 28426, Florida Statutes, persons with disabilities needing special aaommddwms . in 0P.da to padcipate in this proceeding are entitled to thepmvisibn ofcatrrirr aapistrrnccatnocost. l%wsecaUtheCity Clerk's me at 561-799-4122 110 kkr than 5 d.gS@or to the Mng if this assistance is required For hearing impaid OslristQIICy, plapsc caU the Fhda Relay Service Numbers: 800-955-8771 (TDD) M 806.955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council.