Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Council Agenda 010710
CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 7, 2010 7:00 P.M. Mayor Russo Vice Mayor Levy Council Member Jablin Council Member Barnett Council Member Premuroso I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. Mayor's Veterans Golf Tournament — check presentation 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 5 Approve Minutes from December 17, 2009 b. (Page 12 Proclamation — Arbor Day C. Pa a 13 Proclamation — Gary and Jennifer Lesser IX. PUBLIC HEARINGS: (* Designates Quasi - Judicial Hearing) a. *(Staff Report on Page 14, Resolution on Page 27) Resolution 2, 2010 - PGA National temporary module structure. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a miscellaneous petition for the PGA National Resort Community Development of Regional Impact (DRI) / Planned Community Development (PCD), which is bounded by PGA Boulevard to the North, Northlake Boulevard to the South, the Florida Turnpike to the East, and the C -18 Canal to the West, as described more particularly herein, to allow construction of a temporary modular structure at the East end of the existing driving range at the PGA National Resort Core Golf Course; providing conditions of approval; providing an effective date; and for other purposes. b. (Staff Report on Page 43, Ordinance on Page 162) Ordinance 24, 2009 — (2nd reading and adoption) Hilltop Gardens Large -scale Comprehensive Plan Future Land Use Plan Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a large scale amendment to its Comprehensive Development Plan in accordance with the mandates set forth in Chapter 163, Florida Statutes, specifically Section 163.3184, et seq., Florida Statutes, pursuant to application No. CPMA- 09 -03- 000011, which provides for an amendment to the City's Future Land Use Map designating one (1) parcel of real property comprising approximately twenty -three and 16/100 (23.16 acres, more or less, in size as "(C) Commercial "; such parcel being located generally North of Northlake Boulevard, East of the C -17 Canal, South of the Seacoast Utility Richard Road Plant, and West of the Hilltop Park Mobile Home Park, informally known as "Hilltop Gardens "; providing for compliance with all requirements of Chapter 163, Florida Statutes; providing for transmittal to DCA; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. C. * (Staff Report on Page 171, Ordinance on Page 190) Ordinance 25, 2009 — (2nd reading and adoption) Hilltop Gardens Rezoning. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning one (1) parcel of real property comprising approximately twenty -three and 16/100 (23.16 +) acres, more or less, in size; such parcel being located North of Northlake Boulevard, East of the C -17 Canal, South of the Seacoast Utility Richard Road Plant, and West of the Hilltop Park Mobile Home Park, informally known as "Hilltop Gardens "; from Residential Medium (RM) to Commercial General (CG1) zoning district; providing that the City zoning district map be revised accordingly; providing a conflicts clause and a severability clause; providing authority to codify; providing an effective date; and for other purposes. d. (Staff Report on Page 196, Ordinance on Page 230) Ordinance 36, 2009 — (2nd reading and adoption) Amendment to the City Code regarding platting requirements. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78. Land Development. at Section 78 -43. Review of Applications for Development Order Approval by repealing Table 1 of Section 78 -43 and readopting same, as revised; further amending Chapter 78 by repealing Section 78 -426. Variances. and readopting same, as revised, for internal consistency; further amending Chapter 78 by repealing Subsections 78 -427 (b)(1) and (b)(2) and Section 78 -428 and readopting same, as revised, in order to provide criteria for platting exceptions, further amending Chapter 78 by adopting new Section 78 -429, entitled "Requirements in Lieu of Platting" and new Section 78 -430, entitled "Other Platting Requirements" in order to provide regulations when Platting is not required; further amending Chapter 78 by repealing Sections 78 -441, 78 -445, and 78 -446 and readopting same, as revised, in order to clarify application requirements for subdivision plans and to establish regulations for technical compliance review and approval; providing that each and every other Section and Subsection of Chapter 78. Land Development. shall remain in full force and effect as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. e. (Staff Report on Pate 245, Ordinance on Page 247) Ordinance 38, 2009 — (2nd reading and adoption) Amending Fiscal Year 2009/2010 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010, inclusive; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. f. (Staff Report on Page 253, Ordinance on Page 255) Ordinance 39, 2009 - (2nd reading and adoption) Amending Fiscal Year 2009/2010 Budgeted Fund Balances Actual Amounts. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010, inclusive; providing a conflicts clause, and a severability clause, providing an effective date; and for other purposes. g. (Staff Report on Pate 260, Ordinance on Page 263) Ordinance 40, 2009 - (2nd reading and adoption) Amending the General Employees Pension Plan. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 3. Personnel Program. Article XII. General Employees' Pension Plan (DB) at Section 3 -128. Board of Trustees. by repealing subsections (a) — (d) and readopting same, as revised, in order to amend the composition of the board and to authorize the board to contract with Florida Municipal Pension Trust Fund for administrative and investment management services; further amending Chapter 3. at Section 3 -129. Finances and Fund Management. by repealing Subsection (c) and readopting same, as revised, in order to add the Florida Municipal Pension Trust Fund to the list of permitted service providers; providing that each and every other Section and Subsection of Chapter 3. Personnel Program. shall remain in full force and effect as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION /DISCUSSION: XIIL CITY ATTORNEY REPORT: a. (Resolution on Pate 267) Resolution 4, 2010 - Stipulated Agreement with Wendy Ross. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Stipulated Agreement and General Release between the City of Palm Beach Gardens and Wendy M. Ross /Ross Sculpture Studio; providing an effective date; and for other purposes. XIV. 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 he 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 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING DECEMBER 17, 2009 6 The regular meeting was called to order at 7:05 p.m. by Mayor Russo. 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin, 10 Councilmember Jody Barnett, Councilmember Robert Premuroso. 11 ABSENT• None. 12 III. ADDITIONS, DELETIONS, MODIFICATIONS 13 None. 14 IV. ANNOUNCEMENTS AND PRESENTATIONS 15 a. Certificate of Achievement to David Thomas Fenton for attaining the rank of Eagle Scout. 16 Presented item: Mayor Russo awarded the Certificate of Achievement. 17 b. Recognition of the sponsors for the 50th Anniversar. 18 Presented item: Resource Manager Ann Schilling and Recreation Director Charlotte 19 Presensky awarded certificates and thanked the sponsors for their support. 20 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS 21 Councilmember Jablin reported attending two Hanukkah celebrations. Councilmember 22 Premuroso thanked Don Kiselewski for his work with the Historical Society. 23 Vice Mayor Lew reported attending the lighting of a Menorah, Senior Luncheon and an 24 Amendment 4 meeting. Councilmember Barnett suggested a community vegetable garden. 25 Mayor Russo attended the Christmas Caroling event, Historical Society meeting and the 26 Senior Luncheon. 27 VI. CITY MANAGER REPORT 28 City Manager Ferris reported on City employees helping a Palm Beach Gardens family 29 whose home had been burglarized. 30 VII. COMMENTS FROM THE PUBLIC 31 Linda Hughey, 9120 Reed Drive, Palm Beach Gardens; Paula Magnuson, 3167 -D Gardens 32 East Drive, Palm Beach Gardens; Eileen Tucker, 1045 Shady Lakes Circle, Palm Beach 33 Gardens; Anthony Tricarico, 11720 Ficus Street, Palm Beach Gardens; Roger Blangy, 34 11658 Hemlock Street, Palm Beach Gardens; Carol Estrada, 309 Riverside Drive, Palm 35 Beach Gardens; Tim Frohling, 152 Euphrates Circle, Palm Beach Gardens. 36 VIII. CONSENT AGENDA 37 a. Approve minutes from November 19, 2009. 38 b. Approve minutes from December 3, 2009. 39 Councilmember Jablin made a motion for approval of the Consent Agenda. 40 Vice Mayor Lew seconded. 41 Motion passed 5 -0. 42 IX. PUBLIC HEARINGS: BRIGER TRACT 43 Part II — Non - Quasi — iudicial 44 The City Clerk read Ordinance 33, 2009 by title. 45 a. Ordinance 33, 2009 — (1st reading) Briger Tract — Request for a text amendment to 46 the Land Development Regulations. An Ordinance of the City Council of the City of Palm 47 Beach Gardens, Florida amending Chapter 78. Land Development. at Section 78 -157. Mixed 48 Use Planned Unit Development District. by amending the title of Section 78 -157. such that it CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 12.17.09 I shall now be entitled "MXD — Mixed Use Development District ", for internal consistency and 2 adopting new Section 78 -232 entitled "Scripps Florida Phase II — Design Guidelines ", in 3 order to establish zoning regulations and design guidelines for the Scripps Florida Phase 4 II/Briger Tract PCD, to provide regulations for approval and amendment of future projects 5 within the overlay zone, and to establish criteria for Bioscience Mixed Use Planned 6 Developments; providing that each and every other Section and Subsection of Chapter 78. 7 Land Development. shall remain in full force and effect as previously adopted; providing a 8 conflicts clause, a severability clause, and authority to codify; providing an effective date; and 9 for other purposes. 10 Mayor Russo opened the public hearing. 11 Presented item: Ken Tuma, Urban Design Kilday Studio; Planning Manager Natalie 12 Wong. 13 Public Comment: Palm Beach County Commissioner Karen Marcus, P.O. Box 1989, West 14 Palm Beach; Jupiter Mayor Karen Golonka, 210 Military Trail, Jupiter; Donald Schwartz, 15 1157 San Michele Way, Palm Beach Gardens; Joan Elias, 1009 Diamond Head Way, Palm 16 Beach Gardens; Sylvia Tricarico, 11720 Ficus Street, Palm Beach Gardens. 17 Mayor Russo closed the public hearing. 18 Vice Mayor Lew made a motion for approval. 19 Councilmember Jablin seconded. 20 Motion passed 5 -0. 21 Part I — Quasi - iudicial 22 Mayor Russo announced the procedures for tonight's proceedings. 23 Those preparing to give testimony were sworn in. 24 The City Clerk read Ordinance 28, 2009 by title 25 a. Ordinance 28, 2009 — (1st reading) Bri2er Tract — Request for a Planned Community 26 Development within the Briger Tract DRI. An Ordinance of the City Council of the City of 27 Palm Beach Gardens, Florida rezoning certain parcels of real property consisting of 681 acres, 28 more or less, located South of Donald Ross Road, North of Hood Road, and East and West of 29 Interstate 95, providing that the subject parcels of real property, which are more specifically 30 described herein, shall be assigned the city zoning designation of Planned Community 31 Development (PCD) overlay with an underlying zoning designation of Mixed -Use (MXD); 32 providing that the zoning map of the City of Palm Beach Gardens be amended to reflect the 33 proper designation for the subject parcels of property; providing a conflicts clause and a 34 severability clause; providing an effective date; and for other purposes. 35 Resolution 1, 2010 is a companion item to Ordinance 28, 2009 and will require Council 36 action on Second Reading. 37 Resolution 1, 2010 - Briger PCD site plan. A Resolution of the City Council of the City of 38 Palm Beach Gardens, Florida approving the Scripps Florida Phase II /Briger Tract Mixed Use 39 (MXD) Planned Community Development (PCD), comprised of 2.6 million square feet of 40 biotech research and development, 1.2 million square feet of office, 300 hotel rooms, 500,000 41 square feet of retail, and 2,700 residential units on a 681 -acre parcel, as more particularly 42 described herein; providing waivers; providing conditions of approval; providing an effective 43 date; and for other purposes. 44 Mayor Russo opened the public hearing. 45 Mayor Russo, Vice Mayor Lew, Councilmember Jablin, Councilmember Barnett and 46 Councilmember Premuroso declared ex parte communication. 47 Mayor Russo closed the public hearing. 48 Vice Mayor Lew made a motion for approval. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 12.17.09 I Councilmember Jablin seconded. 2 Motion passed 5 -0. 3 X. PUBLIC HEARINGS 4 Part II — Non - Quasi — iudicial 5 The City Clerk read Ordinance 29, 2009 by title. 6 a. Ordinance 29, 2009 — (2nd reading and adoption) Permanent and temporary banner 7 criteria. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 8 amending Chapter 78. Land Development by repealing Subsection 78- 284(h)(2) and 9 readopting same as revised and adopting new Subsection 78- 284(i); further amending Chapter 10 78 by amending Table 24 permanent signs of Section 78 -285 Permitted Signs in order to 11 revise and clarify the criteria regulating permanent banners; further amending Chapter 78 by 12 adopting new Section 78 -292 pole- mounted banner criteria.; further amending Chapter 78 at 13 Section 78 -751 definitions to provide definitions for "Sign, Pole- Mounted Banner" and to 14 repeal the definition for "Sign, Light Pole "; providing that each and every other Section and 15 Subsection of Chapter 78 Land Development shall remain in full force and effect as 16 previously adopted; providing a conflicts clause, a severability clause, and authority to codify; 17 providing an effective date; and for other purposes. 18 Mayor Russo opened the public hearing. 19 Presented item: Resource Manager Allyson Black. 20 Mayor Russo closed the public hearing. 21 Vice Mayor Lew made a motion for approval and adoption on second reading. 22 Councilmember Jablin seconded. 23 Motion passed 4 -1 with Councilmember Barnett dissenting. 24 The City Clerk read Ordinance 36, 2009 by title. 25 b. Ordinance 36, 2009 — (1st reading) Amendment to the City Code regarding platting 26 requirements. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 27 amending Chapter 78. Land Development. at Section 78 -43. review of applications for 28 development order approval by repealing Table 1 of Section 78 -43 and readopting same, as 29 revised; further amending Chapter 78 by repealing Section 78 -426. Variances. and readopting 30 same, as revised, for internal consistency; further amending Chapter 78 by repealing 31 Subsections 78 -427 (b)(1) and (b)(2) and Section 78 -428 and readopting same, as revised, in 32 order to provide criteria for platting exceptions; further amending Chapter 78 by adopting new 33 Section 78 -429, entitled "Requirements in Lieu of Platting" and new Section 78 -430, entitled 34 "Other Platting Requirements" in order to provide regulations when Platting is not required; 35 further amending Chapter 78 by repealing Sections 78 -441, 78 -445, and 78 -446 and 36 readopting same, as revised, in order to clarify application requirements for subdivision plans 37 and to establish regulations for technical compliance review and approval; providing that each 38 and every other Section and Subsection of Chapter 78. Land Development. shall remain in 39 full force and effect as previously adopted; providing a conflicts clause, a severability clause, 40 and authority to codify; providing an effective date; and for other purposes. 41 Mayor Russo opened the public hearing. 42 Presented item: Planner Richard Marrero and Growth Management Administrator Kara 43 Irwin. 44 Mayor Russo closed the public hearing. 45 Vice Mayor Lew made a motion for approval. 46 Councilmember Jablin seconded. 47 Motion passed 5 -0. 48 The City Clerk read Ordinance 37, 2009 by title. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 12.17.09 I c. Ordinance 37, 2009 — (2nd reading and adoption) Amendment to the Art Ordinance. 2 An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending 3 Chapter 78 Land Development at Section 78 -261 Art in Public Places requirements by 4 repealing Subsection (a) in its entirety and by repealing Subsection (d)(2) and readopting 5 same, as revised for internal consistency and to provide regulations for public art selection 6 and to provide for the use of art impact funds for maintenance of publicly -owned art; further 7 amending Chapter 78 at Section 78 -751 definitions to provide definitions for "Construction 8 Cost ", "Development ", "Art, Artwork, or Works of Art", and "Artist or Professional Artist "; 9 providing that each and every other section and subsection of Chapter 78 \. Land 10 Development. shall remain in full force and effect as previously adopted; providing a conflicts 1 I clause, a severability clause, and authority to codify; providing an effective date; and for other 12 purposes. 13 Mayor Russo opened the public hearing. 14 Councilmember Barnett suggested suspending the art tax for one (1) year for discussion on 15 a future agenda. 16 Mayor Russo closed the public hearing. 17 Vice Mayor Lew made a motion for approval and adoption on second reading. 18 Councilmember Jablin seconded. 19 Motion passed 5 -0. 20 XI. RESOLUTIONS 21 The City Clerk read Resolution 110, 2009 by title. 22 a. Resolution 110, 2009 - Purchase awards for twenty -two (22) vehicles and one (1) 23 srapple truck. A Resolution of the City Council of the City of Palm Beach Gardens, Florida 24 awarding contracts for the purchase of twenty -three vehicles and one grapple truck to Atlantic 25 Truck Center, Bartow Chevrolet, Garber Chrysler Dodge Jeep, Inc., Garber Ford Mercury, 26 Inc., and Maroone Dodge of Pembroke Pines via an existing contract with the Florida 27 Sheriff's Association (no. 09 -17- 0908); providing an effective date; and for other purposes. 28 Presented item: Operations Director Mike Morrow. 29 Vice Mayor Lew made a motion for approval. 30 Councilmember Jablin seconded. 31 Motion passed 5 -0. 32 The City Clerk read Resolution 111, 2009 by title. 33 b. Resolution 111, 2009 - Purchase Award to Trane, Inc. for two (2) Air Conditioning 34 Chiller Systems. A Resolution of the City Council of the City of Palm Beach Gardens, 35 Florida authorizing a purchase award to Trane, Inc. for two chiller air conditioning systems 36 via an existing contract with the School Board of Palm 37 Presented item: Operations Director Mike Morrow. 38 Vice Mayor Lew made a motion for approval. 39 Councilmember Jablin seconded. 40 Motion passed 5 -0. 41 The City Clerk read Resolution 113, 2009 by title. 42 c. Resolution 113, 2009 — Art Maintenance Fund. A Resolution of the City Council of the 43 City of Palm Beach Gardens, Florida designating a total of $150,000.00 of the Art Impact 44 Fund into a public art maintenance fund to be used only for maintenance and preservation of 45 City -owned public art, providing an effective date; and for other purposes. 46 Presented item: Resource Manager Allyson Black. 47 Vice Mayor Lew made a motion for approval. 48 Councilmember Jablin seconded. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 12.17.09 I Motion passed 5 -0. 2 The City Clerk read Resolution 114, 2009 by title. 3 d. Resolution 114, 2009 — Consider a contract award to James B. Pirtle Construction 4 Company, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida 5 awarding a contract to James B. Pirtle Construction Company, Inc., d/b /a Pirtle Construction 6 Company, for the design -build of the Municipal Complex Emergency Operations and 7 Communications Center; providing an effective date; and for other purposes. 8 Mayor Russo recused himself from voting on Resolution 114, 2009. Form 8B was filed with 9 the City Clerk. The gavel was passed to Vice Mayor Lew. 10 Presented item: Fire Chief Pete Bergel, Police Chief Stephen Stepp. 11 Public Comment: John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens; Pat Hughey, 12 9120 Reed Drive, Palm Beach Gardens. 13 Councilmember Jablin made a motion for approval. 14 Councilmember Premuroso seconded. 15 Motion passed 4 -0. 16 Mayor Russo returned to the dais and the gavel was returned to him. 17 XIL ORDINANCES (For Consideration on First Reading) 18 The City Clerk read Ordinance 38, 2009 by title. 19 a. Ordinance 38, 2009 - Amending Fiscal Year 2009/2010 Budget. An Ordinance of the 20 City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach 21 Gardens' budget for the fiscal year beginning October 1, 2009, and ending September 30, 22 2010, inclusive; providing a conflicts clause and a severability clause; providing an effective 23 date; and for other purposes. 24 Presented item: Finance Administrator Allan Owens. 25 Councilmember Jablin made a motion for approval. 26 Vice Mayor Lew seconded. 27 Motion passed 5 -0. 28 The City Clerk read Ordinance 39, 2009 by title. 29 b. Ordinance 39, 2009 - Amending Fiscal Year 2009/2010 Budgeted Fund Balances 30 Actual Amounts. An Ordinance of the City Council of the City of Palm Beach Gardens, 31 Florida amending the City of Palm Beach Gardens' budget for the fiscal year beginning 32 October 1, 2009, and ending September 30, 2010, inclusive; providing a conflicts clause, and 33 a severability clause; providing an effective date; and for other purposes. 34 Presented item: Finance Administrator Allan Owens. 35 Vice Mayor Lew made a motion for approval. 36 Councilmember Jablin seconded. 37 Motion passed 5 -0. 38 The City Clerk read Ordinance 40, 2009 by title. 39 c. Ordinance 40, 2009 - Amending the General Employees Pension Plan. An Ordinance of 40 the City Council of the City of Palm Beach Gardens, Florida amending Chapter 3. Personnel 41 Program. Article XII. General Employees' Pension Plan (db) at Section 3 -128. Board Of 42 Trustees. by repealing subsections (a) — (d) and readopting same, as revised, in order to 43 amend the composition of the board and to authorize the board to contract with Florida 44 Municipal Pension Trust Fund for administrative and investment management services; 45 further amending chapter 3. at section 3 -129. Finances and Fund Management. by repealing 46 Subsection (c) and readopting same, as revised, in order to add the Florida Municipal Pension 47 Trust Fund to the list of permitted service providers; providing that each and every other 48 Section and Subsection of Chapter 3. Personnel Program. shall remain in full force and effect CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 12.17.09 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 49 as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Presented item: Finance Administrator Allan Owens. Vice Mayor Lew made a motion for approval. Councilmember Premuroso seconded. Motion passed 5 -0. XIII. ITEMS FOR COUNCIL ACTION /DISCUSSION Vice Mayor Levy_ requested a Proclamation be prepared for Gary and Jennifer Lesser of Temple Beth David for their community service. XIV. CITY ATTORNEY REPORT None. (The remainder of this page intentionally left blank.) CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 12.17.09 PAGE 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 XV. ADJOURNMENT Councilmember Jablin made a motion to adjourn. Vice Mayor Lew seconded. Motion passed 5 -0. The meeting adjourned at 9:35 p.m. The next regularly scheduled City Council meeting will be held January 7, 2010. APPROVED: Joseph R. Russo, Mayor David Levy, Vice Mayor Eric Jablin, Councilmember Jody Barnett, Councilmember Robert G. Premuroso, Councilmember ATTEST: Patricia Snider, CMC City Clerk Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 12.17.09 PAGE 7 PROCLAMA TION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday called Arbor Day was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our Community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim January 15, 2010 as: ARBOR DAY in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and further, I urge all citizens to plant trees to gladden the heart and promote the well -being of this and future generations. Attest: Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF. 1 have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 7`" day of January in the Year Two Thousand and Ten. Mayor Joseph R. Russo PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, Gary and Jennifer Lesser are active members of Temple Beth David and the Palm Beach Gardens community; and WHEREAS, as native Floridians, are involved in dozens of communal and charitable organizations and recipients of several awards ranging from the Palm Beach County Young Leadership Award to the Florida Legal Elite; and WHEREAS, they have held numerous positions in philanthropic associations and served on volunteer boards in the fields of art, education, religion and medical; and WHEREAS, serving in one of the oldest established law firms in Palm Beach County started by his Grandfather, their involvement and significant contributions have had an everlasting impact on the community; and WHEREAS, following in their footsteps are their three beautiful daughters, Lillian Jane, Josie Paige and Rebecca Joy who will watch and learn from their parents and continue their vision, commitment and dedication for many generations to come; and WHEREAS, in appreciation of the tireless and selfless dedication of Gary and Jennifer Lesser. NOW THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim Gary and Jennifer Lesser as official honorees by their family and friends of Temple Beth David. Attest: Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be axed on this 7`h day of January in the Year Two Thousand and Ten. Mayor Joseph R. Russo CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 7, 2010 Resolution 2, 2010 Petition #: MISC- 09 -10- 000064 SUBJECT /AGENDA ITEM Resolution 2,2010: PGA National Resort Golf Course Temporary Modular Structure Consideration of approval: A request from Anne Booth, Urban Design Kilday Studios, on behalf of WFGR Landco, LLC, to approve a temporary modular structure at the east end of the existing driving range at the PGA National Resort Core Golf Course, within the PGA National Resort Community Development of Regional Impact/Planned Community Development (DRI/PCD). The PGA National Resort Community DRI/PCD is bounded by PGA Boulevard to the north, Northlake Boulevard to the south, the Florida Turnpike to the east, and the C -18 Canal to the west. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: Council Action: Ci Growth Management: [ ] Rec. approval Project Ak Finance [ ] Rec. app. w/ conds. R. a ohman, Esq. Manager Administrator: [ ] Rec. Denial Martin Schneider, AICP [ ] Continued to: N/A Development Compliance: Planning Allan Owens / Manager Bahareh K. Wolfs, AICP Natalie Wong, AICP [X] Quasi — Judicial Accountant: Growth Management [ ] Legislative Administrator: [X] Public Hearing ' Sarah Varga Attachments: Advertised: A.- Applicant justification Kara L. Irwin, AICP Date: N/A Fees Paid: [X] Yes ❖ Aerial Location Map Paper: N/A [ ] Required Budget Acct. #: g ❖ Colored aerials, colored landscaping rendering, and colored elevation Approved By: City Manager [X] Not Required N/A Resolution 2, 2010 :• Elevations, floor plan, and handicap ramp plan Affected Parties: :• Site Plan Ronald M. F s [ ] Notified Landscape Plan [X] Not Required r Engineering Plans & Survey Meeting Date: January 7, 2010 Petition: MISC- 09- 10- 000064 Resolution 2, 2010 Page 2 of 6 BACKGROUND The PGA National Resort Community was annexed into the City (Ordinance 21, 1978), rezoned to Planned Community Development (PCD) (Ordinance 34, 1978), and approved as a Development of Regional Impact (DRI) (Resolution 43, 1978) in late 1978 and early 1979. The PGA National Resort Community DRI/PCD is bounded by PGA Boulevard to the north, Northlake Boulevard to the south, the Florida Turnpike to the east, and the C -18 Canal to the west. The site plan for the PGA Resort Community Resort Core was approved by Resolution 49, 1980, and assigned an underlying commercial zoning restricted to hotel, recreational, and related incidental facilities. Several amendments (Resolution 32, 1986; Resolution 24, 1988; Resolution 32, 1989; and Resolution 124, 1990) to the Resort Core site plan have been approved over the years. These amendments included adding croquet facilities, and modifying the health spa and fitness facilities. Most recently Resolution 114, 2004, was approved for additional guest rooms, ballroom space, parking structure, and other miscellaneous additions and changes, including a permanent golf academy facility. As part of the recent renovations, several administrative amendments were approved to upgrade and modify the main entrance, the pool area, and the members club. The new hotel wing, parking structure, and golf academy building have not been constructed yet. On July 22, 2005, the City adopted Resolution 107, 2005, which approved an essentially built - out agreement between the City, PGA National, and the Florida Department of Community Affairs. This agreement confirmed that the DRI development order obligations have been met, and that the total development permitted under the Essentially Built -out Agreement will generate fewer daily and peak hour trips when fully constructed than the earlier approved development orders. The current request for the temporary modular structure will accommodate the Leadbetter Golf Academy. Video recording and playback is a key part of the instruction. The ideal location for the video playback equipment and classroom used for this program is near the driving range tee. The proposed location of the temporary modular structure will be at the east end of the driving range in the PGA National Resort Core golf course. Currently, the Leadbetter Group is utilizing a Honda Classic temporary structure (tent) near the driving range tee, which will be relocated upon approval of the requested modular structure. The petition requests approval of the temporary modular structure for four years, with an option to extend the time frame for an additional four years with City Council approval. If the program is successful, the applicant will build a permanent facility, which is already included as part of the latest approved site plan for the resort. Meeting Date: January 7, 2010 Petition: MISC- 09 -10- 000064 Resolution 2, 2010 Page 3 of 6 LAND USE & ZONING The subject site is part of the PGA National Resort Community DRI /PCD. The location of the proposed modular structure has a future land use designation of Golf (G), and is zoned Planned Community Development (PCD). The table below shows the existing use, zoning and future land use designations of the subject site, and its immediate surroundings. TABLE 1. EXISTING USE, ZONING, AND FUTURE LAND USE DESIGNATIONS PGA National Resort Core EXISTING USE ZONING FUTURE LAND USE Subject Property PGA National Resort — Golf, Planned Community Golf (G) south end of the driving Development (PCD) range North Golf, Residential PCD Golf, Residential High (RH); Residential Medium (RM) South Golf, Residential PCD Golf, RH East Golf, Residential PCD Golf; RM West Golf, Resort PCD Golf, Commercial (C) TRAFFIC CONCURRENCY Traffic concurrency for PGA National Resort Community is vested through the essentially built - out agreement for the DRI. Golf instruction is already a part of the overall amenities of the PGA National Resort at this time. The new training programs are already being offered. Therefore, any traffic impacts related to the temporary modular structure are expected to be minimal. PROJECT DETAILS The purpose of the temporary modular structure is for golf instruction utilizing video training. This training must be in close proximity to the driving range, which is why the proposed temporary modular structure is needed. The structure will be permitted for four years with the Meeting Date: January 7, 2010 Petition: MISC- 09 -10- 000064 Resolution 2, 2010 Page 4 of 6 ability for Council to approve an additional four years. The proposed timeframe will allow the applicant to determine whether the teaching program is successful without incurring the additional expenses of a permanent structure. If the program is successful, the applicant will build the permanent golf academy as indicated at the west end of the driving range, as one of the final phases of the approved site plan. Site The proposed temporary modular structure will be located near the tee at the east end of the existing driving range at the PGA National Resort Core Golf Course within the PGA National Resort Community DRI/PCD. The subject site is internal to the golf course, adjacent to the Resort Core hotel and recreational facilities. There will be a parking lot for nine golf carts, and a small storage shed located to the northeast of the proposed structure. The nearest residents are more than 375 feet to the northeast of the proposed modular structure location. Site Access The proposed temporary modular structure will only be accessible by golf cart. An existing gravel cart path is being extended and paved to connect to the site. Parking The temporary modular structure will be accessed by golf cart. A nine -space golf cart parking lot will be located adjacent to the proposed modular structure. The cart parking is designed to accommodate a full -time administrative staff person, three golf instructors, and students with alternating schedules. If the applicant wants to permanently retain the cart parking lot to serve the tee at the east end of the driving range, an administrative site plan approval will be required after the temporary structure is removed to show the final configuration and landscaping of the parking lot. This requirement will be included in the development order as a condition of approval. Structure Design The temporary modular structure is a 1,168 square foot pre- fabricated trailer, which will have an attached handicap accessible ramp. The structure will be one -story with an overall height of 15% 6". The colors (tan for the main building body; brown for the trim) will match the resort colors. The a/c unit will be required to be painted to match the fagade. Infrastructure The proposed temporary modular structure will be served by water and a septic system. The proposed septic system must be reviewed and approved by the Palm Beach County Health Department prior to building permit submission. Water will be provided to the modular structure by a new connection to an existing water service line. A representative from Seacoast Utility Authority met with the applicant on site to make adjustments to the water system serving the proposed temporary modular structure. The plans have been revised to reflect these adjustments. Meeting Date: January 7, 2010 Petition: MISC- 09 -10- 000064 Resolution 2, 2010 Page 5 of 6 Signage The applicant did not include any new signage with this petition. LandscapinlBu ering The temporary modular structure site will be landscaped with oak trees, sabal and foxtail palms, and variety of shrubs and ground cover. The modular structure will have hedges around all four sides, and the rear of the structure further screened by a large grass mound. The golf cart parking lot will also been screened. Environmental The site is currently part of the golf course driving range. There are no environmental impacts. CPTED Compliance Crime Prevention through Environmental Design ( CPTED) is a branch of situational crime prevention that maintains the basic premise that the physical environment can be designed or managed to produce behavioral effects that will reduce the incident and fear of crime. The Police Department reviewed the site plan for the subject property, and provided staff with comments pertaining to security on -site and adherence to the CPTED principles. An intrusion alarm and motion activated security lighting will be installed at the modular structure. The applicant has also stated that a CCTV monitoring system will be installed in the modular structure and monitored by PGA Resort security. Li hg ting The applicant has stated that the modular structure will only operate during daylight hours. The only lighting proposed will be the motion activated security lighting. Time frame The applicant has requested that the temporary modular structure be approved for four years, with the option of one four -year extension to be approved by Council. This timeframe will be included in the development order as a condition of approval. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) The subject petition was reviewed by members of the DRC committee on November 16, 2009. Staff worked with the applicant to address minor technical comments identified during the review process. All issues have been addressed. STAFF ANALYSIS The proposed location of the temporary modular structure will be near the tee at the east end of the driving range in the PGA National Resort Core golf course, which is centrally located within the DRI/PCD (see Aerial Location Map attached). The proposed module does not border on any Meeting Date: January 7, 2010 Petition: MISC- 09 -10- 000064 Resolution 2, 2010 Page 6 of 6 outside neighborhoods. The nearest residents are located in the Glenwood Townhomes, more than 375 feet to the northeast. The modular structure and golf cart parking area will be screened by landscaping as required. The four -year timeframe for the temporary structure is reasonable. If an additional four -year extension is requested and justified by the applicant, it will need to be approved by City Council. Since golf instruction is an ancillary use of the resort and golf course, and has been available to resort members and guests continually, there will be no significant impact on traffic or parking. The remote location of temporary modular structure and the landscaped screening provided should mitigate any adverse impacts the temporary structure may have on surrounding residents or resort guests. In addition, upon removal of the temporary modular structure, the site shall be restored to its previous condition. Underground septic tanks and pipes will be removed or properly abandoned, and any grass or landscaping removed to accommodate the structure or parking area will be replaced. Restoration of the site is included in the development order as a condition of approval. PLANNING, ZONING & APPEALS BOARD (PZAB) On December 8, 2009, the Planning, Zoning and Appeals Board (PZAB) recommended approval of the subject petition (MISC- 09 -10- 000064) by a vote of 7 -0. STAFF RECOMMENDATION Staff recommends approval of Resolution 2, 2010. October 26, 2009 Ms. Natalie Wong, AICP Current Planning Manager Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 aesign moFmwam kilda STUDIOS OCT 27 2009 Urban Planning and Design L1!' Landscape Architecture Communication Graphics RE: PGA NATIONAL RESORT MISCELLANEOUS APPLICATION LEADBETTER GOLF ACADEMY TEMPORARY MODULAR STRUCTURE UDKS REF # 80- 000.069 (PL) Dear Ms. Wong: Please accept the attached materials as our request, on behalf of WFGR Landco V, LLC, for City Council approval of a Miscellaneous Application for the placement of a 1,168 square foot temporary modular structure within the PGA National Resort Core golf course, of the PGA National Resort Community DRI /PCD, for the purposes of providing instructional golf lessons. The history of the Resort Core begins with its original approval by Ordinance 34,1978 on February 1, 1979. Subsequently the site plan was approved by Resolution 49,1980. Several amendments to the site plan have been approved including the following: Resolution 32,1986 which approved the addition of the croquet facilities, Resolution 24,1988, and Resolution 32,1989 allowed site plan modifications to include the health spa. Resolution 124,1990 modified the health spa approval along with several other modifications to the health spa and aerobic fitness facility. The most recent City Council approval is by Resolution 114,2004 which secured approval for additional guest rooms, ballroom space, parking structure and other miscellaneous additions and changes. As the resort underwent their recent renovation projects, they have also had several miscellaneous Administrative Amendments to upgrade and modify the entrance, the pool area, and the members club. The current owner of the Resort, WFGR Landco V, LLC, has made substantial investments into the renovation of the hotel and resort grounds in the past couple of years. Their goal has been to provide enhanced accommodations and services for the members of the Club, the residents of PGA National, and for the Palm Beach Gardens Community as a whole as the home of the Honda Classic. As a result of these efforts, the Resort has been fortunate in being able to attract two of the top 477 S. Rosemary Avenue Suite 225 - The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.udkstudloo.com LCC000035 G:Uobs \PGA NationakResort Core \Ledbetter Trailer \Application Info \Application Letter 102609_dne Ms. Natalie IN�,.,g October 26, 2209 Ledbetter Golf Academy Temporary Modular Structure Miscellaneous Application Page 2 rated professional golf academies in the nation, Leadbetter and Pelz, to come to PGA National to establish branches of their famous schools. The Leadbetter academy generally focuses on the "long game" while the Pelz program focuses on enhancing the "short game ". Both of these programs utilize state of the art video equipment to record and playback each students swing for critique and instructions for improvement. Having the replay equipment in close proximity to the green /tee is a key element in the teaching experience. The Pelz School needs to be in close proximity to the putting greens, while the Leadbetter Academy needs to be close to the driving range. The Resort has recently completed an upgrade and laser leveling of the putting green and the east driving tee to create the best possible conditions for each academy. The approval of this application will allow each respective school to occupy enclosed space in close proximity to the appropriate green /tee areas that they need for their respective programs by allowing Pelz to occupy the existing Golf Academy building and Leadbetter to occupy the modular structure. Currently the Leadbetter group is utilizing a Honda Classic temporary structure, which will be relocated upon approval of the modular structure. If the Academy programs prove to be successful, it is the intention of the applicant to build a permanent facility for both programs. The currently approved site plan of the Resort provides for that structure. This application requests approval to allow the modular structure to remain in place for 4 years, with an option to extend the time frame for an additional 4 years. This time frame is consistent with what is expected to be necessary to establish a successful program, and ultimately to construct a permanent facility. To accommodate the operations of the academy, the applicant is proposing to extend the golf cart path which currently terminates south of the first tee, and to provide nine (9) golf cart parking spaces adjacent to the structure. The cart parking will accommodate a full -time administrative staff person; three (3) professional golf instructors and students with alternating schedules. The proposed structure is being placed at the north end of the driving range tee, east of an existing drainage canal /tree stand and golf hole, and south of and adjacent to a large grass embankment which functions as a natural barrier and screens the view from the north. The proposed location is approximately 375 feet from the closest residential structure. Foundation landscape plant material is being proposed around the structure to screen and enhance the area. Foundation planting includes live oak, cabbage palms, triple foxtail palms, Queen Emma crinum, beds of red tip coco plum, firebush, ilex and jasmine, along with annuals for accent color. Ms. Natalie Wul.g October 26, 2209 Ledbetter Golf Academy Temporary Modular Structure Miscellaneous Application Page 3 Because the academy services the existing club members, and guests of the hotel, it is not anticipated to generate any additional traffic. Access to the structure will be by golf cart only, therefore, vehicular parking is not required. The proposed hours of operation will be during daylight hours only, therefore lighting, other than security lighting is not required. The proposed modular structure will be painted to match the color of the resort wall and trim colors. The nine (9) sets of materials submitted to you today consist of the following: 1) A filing fee check in the amount of $4,650.00 (Base Sum of $1,650.00, Civil Engineering Surety Deposit $1,000.00, Legal Escrow $1,000.00, Advertising costs of $1, 000.00) 2) Completed Development Application form 3) Statement of ownership and designation of authorized agent 4) Special warranty deed 5) Aerial Map depicting surrounding property zoning and land use designations. 6) Site Plan /Aerial prepared by Urban Design Kilday Studios, and dated October 23, 2009 7) Landscape Plan prepared by Urban Design Kilday Studios, and dated October 23, 2009 8) Elevation and Color specifications of the modular structure provided by Design Space, Inc. 9) Engineering Plans prepared Shah Drotos & Associates, and dated October 23, 2009 10) Specific Purpose Survey prepared by Shah Drotos & Associates, and dated October 23, 2009 Should you have any questions regarding the attached materials, or require any additional information, please let me know. Urion Pesi _9n Kilday Studios Principal sp attachments cc: Jon Whittemore i t 3 f . � r Wt Championship ec VA .st ?� �u f ^' - .3 • All rea it '^ �; sk r� \PGA National Resort and Spa All Surrounding Property within the PGA NATIONAL DRI L: PCD / Z: RL lenwoocl k:-, ..LA-M a4 atio Homes PGA National Resort Core Leadbetter Golf R 42 Aerial Map octa66 26 2009 T 42 S 10 PLC �X DN WK! et lie * ft� c., z to 11 f t �fir A C �� —oo 5t2 Of) 1 RESOLUTION 2, 2010 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING A MISCELLANEOUS 6 PETITION FOR THE PGA NATIONAL RESORT COMMUNITY 7 DEVELOPMENT OF REGIONAL IMPACT (DRI) / PLANNED 8 COMMUNITY DEVELOPMENT (PCD), WHICH IS BOUNDED BY 9 PGA BOULEVARD TO THE NORTH, NORTHLAKE BOULEVARD 10 TO THE SOUTH, THE FLORIDA TURNPIKE TO THE EAST, AND 11 THE C -18 CANAL TO THE WEST, AS DESCRIBED MORE 12 PARTICULARLY HEREIN, TO ALLOW CONSTRUCTION OF A 13 TEMPORARY MODULAR STRUCTURE AT THE EAST END OF THE 14 EXISTING DRIVING RANGE AT THE PGA NATIONAL RESORT 15 CORE GOLF COURSE; PROVIDING CONDITIONS OF APPROVAL; 16 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 17 18 19 WHEREAS, the City Council, as the governing body of the City of Palm Beach 20 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 21 Statutes, and the City's Land Development Regulations, is authorized and empowered 22 to consider petitions related to zoning and land development orders; and 23 24 WHEREAS, the City received a petition (MISC- 09 -10- 000064) from WFGR 25 Landco, LLC to approve a temporary modular structure at the east end of the existing 26 driving range at the PGA National Resort Core Golf Course, within the PGA National 27 Resort Community Development of Regional Impact (DRI) / Planned Community 28 Development (PCD); and 29 30 WHEREAS, the subject site is zoned PCD Overlay with an underlying zoning of 31 Golf (G); and 32 33 WHEREAS, the subject site is part of the PGA National Resort Community DRI 34 approved by Resolution 43, 1978, as amended; and 35 36 WHEREAS, the subject site is part of the golf course located adjacent to the 37 PGA National Resort Community Resort Core, which was approved by Resolution 49, 38 1980, and assigned an underlying commercial zoning restricted to hotel, recreational, 39 and related incidental facilities; and 40 41 WHEREAS, several amendments to the PGA National Resort Community Resort 42 Core have been approved during the intervening years; and 43 44 45 46 47 Resolution 2, 2010 1 WHEREAS, Resolution 114, 2004 approved additional hotel rooms, ballroom 2 space, a parking structure, and other miscellaneous additions and changes, including a 3 permanent golf academy facility for the PGA National Resort Community Resort Core; 4 and 5 6 WHEREAS, Resolution 107, 2005 approved an Essentially Built -out Agreement 7 between the City, PGA National, and the Florida Department of Community Affairs to 8 confirm that the PGA National Resort Community DRI development order obligations 9 have been met; and 10 11 WHEREAS, the approved permanent golf academy building at the PGA National 12 Resort Community Resort Core has not been constructed yet; and 13 14 WHEREAS, the Miscellaneous Petition would provide for construction of a 15 temporary modular structure for a limited period of time, as described more particularly 16 herein; and 17 18 WHEREAS, the Miscellaneous Petition was reviewed by the Planning, Zoning, 19 and Appeals Board on December 8, 2009, which recommended its approval by a vote 20 of 7 -0; and 21 22 WHEREAS, the City Council has considered the evidence and testimony 23 presented by the Applicant and other interested parties and the recommendations of 24 the various City of Palm Beach Gardens' review agencies and staff; and 25 26 WHEREAS, the City Council deems approval of this Resolution to be in the best 27 interests of the health, safety, and welfare of the residents and citizens of the City of 28 Palm Beach Gardens and the public at large. 29 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 32 OF PALM BEACH GARDENS, FLORIDA that: 33 34 SECTION 1. The Miscellaneous Petition (MISC- 09 -10- 000064) from WFGR 35 Landco, LLC to approve a 1,168- square -foot temporary modular structure at the east 36 end of the existing driving range at the PGA National Resort Golf Course (Tract G -1) is 37 hereby APPROVED within the PGA National Resort Community DRC /PCD, as more 38 particularly described herein, subject to the conditions of approval contained herein, 39 which are in addition to the general requirements otherwise provided by ordinance: 40 41 LEGAL DESCRIPTION: 42 43 LYING WITHIN TRACT G -1 OF THE PGA RESORT COMMUNITY GOLF COURSE 44 PLAT, AS RECORDED IN PLAT BOOK 94, PAGES 116 -129, AS RECORDED IN 45 PALM BEACH COUNTY, FLORIDA. 46 2 Resolution 2, 2010 1 SECTION 2. This approval is subject to the following conditions, which shall be 2 the responsibility of the Applicant, its successors, or assigns: 3 4 Planning and Zoning 5 6 1. A/C units shall be painted to match building elevation. 7 8 2. The temporary modular structure shall be permitted to remain for a period 9 not to exceed four years from the approval date of this development order. 10 One additional four -year extension may be approved by City Council 11 through a miscellaneous petition prior to expiration of the current term. 12 13 3. Upon removal of the temporary modular structure, the site shall be restored 14 to its previous condition. Underground septic tanks and pipes shall be 15 removed or properly abandoned. Any grass or landscaping removed to 16 accommodate the structure or parking area shall be replaced. 17 18 4. After the temporary modular structure is removed, in order to maintain the 19 cart parking area located at the east driving range tee permanently, an 20 administrative site plan approval shall be required. 21 22 5. The hours of operation for the temporary structure shall be limited to 23 daylight hours from dawn to dusk. 24 25 SECTION 3. This Miscellaneous Petition is hereby approved subject to strict 26 compliance with the Exhibits attached hereto and made a part hereof as follows: 27 28 1. PGA National Golf Academy Trailer, Site Plan, by Urban Design Kilday 29 Studios, dated October 23, 2009, revised December 10, 2009, Sheet SP -1. 30 31 2. PGA National Golf Academy Trailer, Landscape Plan, by Urban Design 32 Kilday Studios, dated October 23, 2009, revised December 10, 2009, 33 Sheets LA -1 through LA -3. 34 35 3. Specific Purpose Survey for PGA National Resort Driving Range, Shah 36 Drotos & Associates, dated May 2009, sealed December 10, 2009, Sheet 37 CE 1. 38 39 4. Golf Academy & Golf Path Paving & Site Plan for PGA National Resort, 40 Shah Drotos & Associates, dated October 2009, sealed December 10, 41 2009, Sheet CE 2. 42 43 5. Golf Academy & Golf Path Grading & Utility Plan for PGA National Resort, 44 Shah Drotos & Associates, dated October 2009, sealed December 10, 45 2009, Sheet CE 3. 46 3 Resolution 2, 2010 1 6. Temporary Modular Structure Elevations and Color Scheme, Design Space, 2 Inc., dated September 9, 2008, revised November 30, 2009. 3 4 7. Temporary Modular Structure Floor Plan, Design Space, Inc., dated 5 September 9, 2008. 6 7 8. Handicap Accessibility Ramp Plan, T &S Enterprises Handicap Accessibility, 8 Inc., and Melton and Associates Chartered Architects, dated March 20, 9 2008, Sheet A100. 10 11 SECTION 4. All previous conditions of approval shall remain in full force and 12 effect except as modified hereinabove. 13 14 SECTION 5. This Resolution shall become effective immediately upon adoption. 15 16 17 (The remainder of this page intentionally left blank) 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 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M R. Max Lohman, City Attorney VOTE: MAYOR RUSSO VICE MAYOR LEVY COUNCILMEMBER JABLIN COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO day of Resolution 2, 2010 .2010. CITY OF PALM BEACH GARDENS, FLORIDA Joseph R. Russo, Mayor AYE NAY ABSENT G:\ attorney_share\RESOLUTIONS\2010 \Resolution 2 2010 - pga national - temp modular structure.doc 5 cn ���1�]If Ueld 83IS a I`LL ��}ifll; epuolj'suepiec) yoeag wled rr jal!ejl �(wape3V IIoJ IeuoileN dJd �_ g Ng� u~, " l�l�lt �i !Vii!! III R i U) o I rXI, Reid aa�$p�� �o�,B�l R 4. epuoIj `suapMO Weag weed F r b d �o euo�eN dd f A aaliel1 Awape� h 16 �� � � dE�ii � ��11��: ►i 1 i } I � � 3�`a i e � J `O sill jai }�" ®I�*1 1 g ;! ,� S W EL z r > > r a > g� a P N ° r to o 0 N N to K j a ry o t`9i a NN N N �a a = B s Z g G 9 O rag@ - z m E c' t E z O J 3z�� CS N @ $ 3 LL W c V f e c 2 a S N 20 2 00 H H J Vl N g CL 4 ca `i Ei EL EL z r > > r > > g� a P N ° to o 0 N N to K j a ry o t`9i a NN N N Z O rag@ - z m E c' t c7 f3 C EQ [.1 J E W LL T�' 3 LL W c a. e N n a TO E t 9 i i�E sumea Bunue�d N € It- I il h fi1s l epiJoI=l'suapAeD yoeag weed 91 ) 5 yC, ieiiaii Awape3d jIoJ IEUO4 ;eN tlJd J o n a E E i�E a E r II ki w a J Q U Y N n #�! c� #► w Y � oil Y �e L d Co m 0 r 3 d H a� a N� s' L 0 d L a d u F- � l �� ill • � 6 , 3 s t es se# 4 yy y ! I i w H _1 5 w mill i� X00 �• i �.'% •n ! n aaa. �, � /•;�t.� ��i�� • : I �� i ,,�`��'`.,11; -.Ilse ,0000 ii,i,i.,, • : i- � � � , �� z Z z Z Q J CL w a a U g L 9 � L 5 L x o � s C L ! a# d b C Sf�e- suopeoyloodS Bullueld epuold `suepieg g3eag wled Jel!eJl AMOPeO -V 1109 leuol;eN b9d �2 t [ F � a ➢ ➢a € �a, P Ha i If f All a €aa =oa ➢➢ � ➢ �➢ i; � i x� ➢ of ➢ ]E! �'f2. �] &` �� €� � "n I fg�.1.1i a aL i ;2E 2� b b. ��n� v] ➢Aj`�4¢ 3�yG { i = 2gt ➢ ] apgg 8 %� _ fi y$g a��� ➢2 $ n� ] t I ��Ea 6� i g � 46& �➢ €$d� e � � ➢ }'� �a �g 9➢i �y �E � ;3E �� ��8 a a➢ C�{5y{ � � g ada ➢55585 �$w� Ig�.� �F�& gqp � { �� a�B �ii'�� �� £� $Eg�'_� aE4 ] ��pn 2�n� �9rpp x ➢gfi] � :�C~p 6 � �sfP ��� $ i�E��j {� ➢��b. j� $�8� �� � 6 ���_] ➢a & ➢� e � ] � ➢ � @3e L� !€ n �y� {Fb�c Ynt:f ➢] �]y nx a np � ➢ a�d y#aH E 9 yy ]It's � $ ➢ ➢ ➢ ➢��ai f �� b ti , �➢ =5 B= 1 i �$ •a '2a D I1lba ➢dt@ }}$ ➢_ A3rC� € e ➢1 Ei2§ LF �all ➢ g ]kak 4 'apqi Feq gyEi ➢➢g �] E n�y�?] � ➢'a l�,l° �pp6 & °€ ea f� ']F� 9 �8 ��$�$lg2�4 ¢ng "��� � ➢ °� €la fit it at �� ,] lEn�� ��f n ➢ =] � sac � ������� 9 ° �� �:�� of � �= fi ��� it anpR 'lit it, aE of 9 fill, g f g � yy! i bat qj➢ 7$ ]�i a ;2 'E ea 3' ]a5 ➢ @i ESE$ L =9 1 f 11m IE ! ICI f <f Im I! It h Ii I Iml g � b p {f s fEa tai % ] 2 ➢D i] aaDall IS r D= S 11 a m ➢] i =n fiia n � ��� ��� i�� ➢ ��l � a�Fa�� a �!! „a"D a�' � a � ➢ y 2�a� ti➢ it W� ➢] �� 1 ,�� 6F�� � 9�nn. � ➢b ]n ,� ➢ a�b ➢ B � atF� � 6 aa4ll' ��➢ �j° a,F_➢ i aA� 3b Flgi �If�EdE ;yE " § 2 ➢ ➢ ] daaE lid I! i 1 ➢lf ➢� pF ➢ If Z if f I2lI n Jill $ s 1 � _. �g . � � � 2 �� dI A A I II x iE�B L ➢�� ➢�= 5� n Lj5= ��j�� i p�i1�28�9G2 g ➢c ]� � �$ � 8 '.Q �a �y��g ➢�'��b= ��� ]�� 5r � $n ]��'���' �a $$� "��ip■p■p■yyy!ppp�D�� ��� n ➢ 6 7 $ 9 j� ji Y b 1'_ 8 ] fl ] til ] ° ➢° D'C af$ If e ] ]E➢ €] a �gsp= e�A' =¢j =I� F as , � €� ��, �5� i� f ➢333333 Eg � ➢ � � a a[DSb�2 a�3 Df89 ➢$�s ��3j9a� �� �� �� g� ���������ff ]pypi�is �� ➢� ]e �f�n ��_�j]�] �a �t$���tfa��l �4yc ts��na kWk➢z `o {' titan ig�yyp {z� ;➢ �t i� ➢$8➢ �'D @y/pe pya AllEBc M J o tS �90f 11 4-" W-K� 6 ^J - W• 3 --V Md $$ uuprY VVgI OlK 3ONY8 9lYAR10 R Q 9SK00 -31 'M 'M OMIAIMM • tf HS ON 'HInY OIHN33WON3 i ' 1k*OS3W 3YNOLLYN YEW O M.Y,ru s 3 1 r 1 o o s s y 3g 6 �} .:,vnc:) NJr8 N3rd 'SN3aYYJ aOv3e N3YC 30 ti10 •€ Y h I SO Loaa y l3AbfiS 3SOdfifid 01j103dS o 7 � 6 >.s .� "! "•��'� `. a '' � > `t ... .. ��€ �t 5. t'+ t >, tt N. oti t ,'M1 , � �'4•'ss + O !^ • � p G iil� 11111 gill N ` � \ \�\ 'mac°:^ A\ < -j L ui V) LJ N 1 4 Lj -J < 190-m-M :Xvj • "Po G-VS6 ;Hd 9KS IJ *4�ft OUNd"d - V3 , ._ *W 11 9, �OW. Xo-ei 'ON "in oNuaws n OW1833.10.3 H, 18OS38 10MYN VDd , , S 3 1 1 0 0 s s lowu IJ *�INM3 HDV38 MlVd S - lodu lr.� 6i 1 NVId 3X V 9NIAVd HVHS V% HiVd ikfVO V 030YOV j100 N ` � \ \�\ 'mac°:^ A\ < -j L ui V) LJ N 1 4 Lj -J < +s[+ -M vss I J • K+6- f+l -Kd :Hd +9Ott 'U 4--9 --"- -d •'P3 --V -•wW 'N OIK e i 9S t9 -9l 'ON '0f1 ONLUMns +t9s 'ON 'Rwv DNI933N*N3 yy IHOS3a lvNOIDN VJd J $ d & & 7 3 'ALNnO:> HN39 NT'd - SN30WJ 53V39 YMd 30 AuD ju, M sOJ OHG vrm = e NVId Alllun 9 Emay8o N g n U Hued DJVO V ANANOV BIOS a 1 ! � �• •�: ? ��, mil. � .01 r Ti Jl ;Iit t a U � W a o 0 1 3 w o 1 � � j J o II 1 ' z z = vi w g z z v� c� a LL I O O W J N O � U vi J m u)00 < �O ui e W W x z H I O U `.s J O W o O j o vi a 0o) - 1 _ - } Y a M; Lw zLd 0 z� \\\ I \\\ IE �\ I \\ rwo o U) IL-11 E a mil, 0 ;Z 1= 0 0 CL ii cU cu R"' - W O W w 0 R O i i i i i �u w W 0 E d V N _O O U a IFMMII ` rn o M N v N I� i i i i V m O i i i_ i ji i V 7 r J W p e Z V M U a i a p w U) i w IL D m V E 'ro Q E a d w3� Z w C 3}�k�_ o S m a mo m U rcN +- N W O W w 0 R O i i i i i �u w W 0 E d V N _O O U a IFMMII i i Ii I� i i i i i i i i_ i ji i i i r i i r i i i W O W w 0 R O i i i i i �u w W 0 E d V N _O O U a W ^ c O a w �s w ` � W m �qp 14 O O V ca 0 r d m is L m m C 7 C O .O C O V Q ai O Z O a N H u W ^ c O a w �s w ` � W m �qp 14 O O V ca 0 r d m is L m m C 7 C O .O C O V Q ai O Z 4I 0 6 «KK� ' •i Iii) I�yl II ICI Ir� i l R Nn O p It I I I `! IZI n r i111/NIMr10J tj .01 -5 AI-.s . ► -,LZ �I � h 9d �a ac 9 d !G�i •� 8 1 I $\ . _ �i 0 6 «KK� ' •i Iii) I�yl II ICI Ir� i l R Nn O p It I I I `! IZI n r i111/NIMr10J tj .01 -5 AI-.s . ► -,LZ �I � h 9d �a ac 9 I iPI vu�rw..+aaw ..a aanaow.wao�a ,.ea,f.,w.o.. sia�tN�av Mkl31aVN3 S31VI30SSW ONV N0113M SIIV130'SNOLLVA3l3'NV-Id 800-W 1,111, 99M JE ,Al1O 1NV'U O Oa A3NOAS ZO££ ONI'&U-V81SS3OOVdV-JIONVH S3SRIdU31N3 S81 a g a = Q a � 2i�i� Oft,3 t' a ., a li i ti e a e s � �3 i 4 L J yE F i i�{ � I a1 a > > E P, 4� �p it'll i J ' R "u. cf �1:z i i i�a ! i a _ aa� # : a a J ' R "u. cf �1:z i i i�a CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 7, 2010 Petition #: CPMA- 09 -03- 000011 Ordinance 24, 2009 SUBJECT /AGENDA ITEM Ordinance 24,2009: Hilltop Gardens Future Land Use Map Amendment: Second Reading and Adoption of Ordinance 24, 2009: A request by Marty Minor, Urban Design Kilday Studios, on behalf of Hilltop Residential LTD., for a large -scale Comprehensive Plan Future Land Use Map amendment of approximately 23.16 -acres from Residential Medium (RM) to Commercial (C) for the Hilltop Gardens site located generally north of Northlake Boulevard, east of the C -17 Canal, south of the Seacoast Utility Authority (SUA) Richard Road plant, and west of the Hilltop Park mobile home park. A note on the Comprehensive Plan Future Land Use Map will limit development to a maximum of 250,000 square feet of gross commercial retail space, or equivalent thereof. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: Council Action: City o e Growth Management: [ ] Rec. approval on 2aa Project Finance reading R. ax Yohman, Esq. Manager Administrator: [ ] Rec. app. w/ conds. Martin Schneider, CP [ ] Rec. Denial N/A [ ] Continued to: Development Compliance: Planning Allan Owens Manager Bahareh K. Wolfs, AICP Natalie W g, AICP [ ] Quasi — Judicial Accounta Growth Management [X] Legislative Admi 'strator: [X] Public Hearing Sarah Varga Attachments: Advertised: a Applicant's Justification Kara L. Irwin, AICP [X] Required Fees Paid: [X] Yes Statement Not R e uired [ ] q a Map series - Location map; Paper: Palm Beach Post Budget Acct. #: Existing Land Use, Current FLUM; Proposed FLUM; Approved By: CitWanager Date: 12/23/09 N/A Thoroughfare maps a Survey a Market Study a Transportation Analysis Affected Parties: Ronald M. I&kiis a DCA no objections letter & [X] Notified reviewing agencies' comments [ ] Not Required a Ordinance 24, 2009 Petition #: CPMA- 09 -03- 000011 Meeting date: January 7, 2010 Ordinance 24, 2009 Page 2 of 12 BACKGROUND The subject site known as Hilltop Gardens is located generally north of Northlake Boulevard, east of the C -17 Canal, south of the Seacoast Utility Authority (SUA) Richard Road plant, and west of the Hilltop Park mobile home park. Congress Avenue currently ends at the site's southern property line. The future right -of -way extension of Congress Avenue is proposed to transect the subject site on both the City's Conceptual Thoroughfare Plan and Palm Beach County's Thoroughfare Right -of- way Identification map. The 23.16 acre subject site is currently vacant, and was previously a mobile home park. The proposed comprehensive plan amendment to the Future Land Use Map (FLUM) would change the current land use designation from Residential Medium (RM) to the proposed land use designation of Commercial (C). As part of the FLUM amendment, the applicant is proposing to limit the maximum amount of commercial development on the site to 250,000 square feet of gross commercial retail space (or its equivalent) by providing a notation on the City's Future Land Use Map. The applicant is also proposing to rezone the property from Residential Medium (RM) to General Commercial (CG1) concurrently with the future land use map amendment. There is no site plan or master development plan proposed at this time. The subject petition will be processed in accordance to Chapter 163.3184 Florida Statutes (F.S.) and Rule 9J -11 Florida Administrative Code (F.A.C). LAND -USE COMPATIBILITY WITH SURROUNDING AREA The subject site is immediately adjacent to the northern boundary of the Northlake Boulevard Overlay Zone (NBOZ), and has a future land use designation of Commercial (C) with retail commercial uses along both sides of the boulevard in this area. Across the C -17 Canal to the west of the site is a school and park with a Public (P) future land use designation. To the north of the site is a vacant, city -owned property with a Public (P) designation. Further to the north is the SUA Richard Road water treatment plant in unincorporated Palm Beach County. East of the subject site is the Hilltop Park mobile home park in unincorporated Palm Beach County, which has a density of Residential High (RH -12) future land use designation. The proposed amendment to commercial is compatible with all of the surrounding uses and future land use designations. The change to commercial would be especially well- suited with the NBOZ uses to the south. The applicant will need to consider buffering and connectivity issues regarding the 6.14 acre City parcel to the north of the site as part of the site plan and rezoning processes. Consideration will also be needed to address the C -17 canal frontage, and providing appropriate buffering for the residential mobile home park directly to the east. (The remainder of this page left intentionally blank.) Petition #: CPMA -09 -03 -000011 Meeting date: January 7, 2010 Ordinance 24, 2009 Page 3 of 12 TABLE 1. EXISTING ZONING AND LAND USE DESIGNATIONS EXISTING USE ZONING FUTURE LAND USE Subject Property Residential Medium (RM) Residential Medium (RM) Vacant North Public or Institutional (P /I); Public (P); Unincorporated — Vacant (City property); Unincorporated — Utilities Utilities Utilities (SUA water treatment plant) South General Commercial (CG1) Commercial (C) within Commercial (Walgreens, within Northlake Boulevard Northlake Boulevard Overlay Pollo Tropical, & AT &T Overlay Zone (NBOZ) Zone (NBOZ) retail buildings) East Unincorporated — Residential Unincorporated — Residential Unincorporated — Residential High (RH)* High (HR -12) (Hilltop Mobile Home Park) *Under new County regulations regarded as Residential Medium West Canal; Public or Institutional Canal; P; Recreation Open C -17 Canal right -of -way (P /I) Space (ROS) (340 feet wide); middle school; park COMPATIBILITY WITH THE CITY'S VISION PLAN The City's Vision Plan serves as a land use guide for all land use designation changes in the City. The proposed future land use amendment meets the goal of expanding the economic base by providing additional commercial space on an infill site near one of the City's major commercial corridors. Also, since the subject site is also located in the urban service area of the City, it makes efficient use of available services and facilities. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN The proposed Future Land Use Map amendment is consistent with the overall Goals, Objectives, and Policies (GOPs) of the City's adopted Comprehensive Plan. An example of some of the GOPs that are consistent with and furthered by the proposed amendment, are listed below: Petition #: CPMA- 09 -03- 000011 Meeting date: January 7, 2010 Ordinance 24, 2009 Page 4 of 12 ECONOMIC DEVELOPMENT ELEMENT Goal 13.1.: The economic goal of the City of Palm Beach Gardens is to achieve a balance and diversified economy which is compatible with the City's quality built environment and protects important natural resources. Currently, the City's land -use base is pre - dominantly residential. Approximately 24 percent of the City's land area is residential while less than three percent is commercial and professional office (conservation accounts for the largest portion of the City with over 41 percent). This composition places a heavy burden on residential tax payers to maintain all of the City's level of service standards. The City continues to afford opportunities for a diversified tax base and promote a strong economic environment within the City to increase the job base for residents and provide a sustainable economy. The proposed land use map change will advance this goal by providing the opportunity to increase the commercial tax base. FUTURE LAND USE ELEMENT Objective 1.1.3.: Maintain land development regulations to manage future growth and development in a manner that provides needed facilities and services, protects environmental resources, and encourages infill and redevelopment of the eastern portion of the City. The proposed land use amendment is consistent with the objective to encourage infill and redevelopment in the eastern portion of the City where facilities and services are available. Commercial redevelopment is more compatible and more likely to occur at this location sooner than multi - family development, which is permitted by the current Residential Medium land use category. GOAL 1.2.: ENCOURAGE DEVELOPMENT OR REDEVELOPMENT ACTIVITIES, WHILE PROMOTING STRONG SENSE OF COMMUNITY, AND CONSISTENT QUALITY OF DESIGN; AND DO NOT THREATEN EXISTING NEIGHBORHOOD INTEGRITY AND HISTORIC AND ENVIRONMENTAL RESOURCES. The proposed land use amendment would encourage redevelopment, which would be compatible with the existing commercial uses directly south of the site. In addition, the change to commercial would not threaten the existing neighborhood integrity. Buffering considerations will need to be made between the site and the high density residential use (mobile home park) to the east. Objective 1.2.1.: Issue development orders and permits for development or redevelopment activities only if the protection of natural resources is ensured and consistent with the goals, objectives, and policies of the Conservation, Infrastructure and Coastal Management Elements of this Comprehensive Plan. As vacant land previously developed as a mobile home park, the site does not have any natural resources on -site that would need protection. Because of this, it is ideal for redevelopment, and would add to the amount of developable commercial land within the City's urban service area without decreasing the amount of natural tracts of land in the City. Petition #: CPMA- 09 -03- 000011 Meeting date: January 7, 2010 Ordinance 24, 2009 Page 5 of 12 Objective 1.2.4.: Direct future growth, development and redevelopment to areas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. As a previously developed, vacant infill site adjacent to the intersection of a major commercial corridor, the subject site is ideal for future growth and development. The requested amendment to commercial use is based on sound planning principles, including compatibility with surrounding uses, efficient use of existing facilities and services, and no displacement of natural resources. The site is highly accessible by the existing and future roadway network, transit routes, and near to the FEC railroad. The site, as amended, can become an extension of the commercial cluster at the Northlake Boulevard and Congress Avenue intersection. Policy 1.2.4.11.: The City shall encourage infill and redevelopment of existing properties with consideration of the following: 1. Address the impact of redevelopment activities on natural systems and any historic resources 2. Provide for visual continuity of the community through the application of sound principles of architectural design and landscaping 3. Be consistent with the character of the neighborhood 4. Reduce existing non - conformities or alternatively demonstrate that adverse impacts will not be created. 5. Be consistent with Section 723.0612, Florida Statutes, related to mobile home parks and include relocation strategies for those residents displaced by the implementation of the plan, which ensure that the displaced residents are provided adequate notice, equitable compensation and assistance in locating comparable alternative housing in proximity to employment and necessary public services and/or provide a minimum percentage of replacement housing on site. The proposed amendment is consistent with this policy. It does not adversely impact natural or historic resources. It will reduce existing non - conformities by providing commercial opportunity in place of a vacant, mobile home park. Hilltop Gardens conducted a Mobile Home Relocation Plan in 2005 and 2006 as part of an earlier development petition. The site is now completely vacated, and has been for approximately two years. Policy 1.3.1.2.: All proposed commercial and industrial development requiring a change on the Future Land Use Map in order to be approved shall submit a market study indicating the economic feasibility of the development and the location advantage over existing commercial and industrial lands. The applicant performed a market study evaluation (please see attached Market Study), which indicated that the site has excellent access and visibility for commercial use once Congress Avenue is extended north of Northlake Boulevard. The study covered a three mile radius from the subject site and found approximately 6,823,875 square feet of built, approved or in process commercial retail space. The study indicated a 2009 estimated demand for 8,456,838 square feet of commercial Petition #: CPMA -09 -03- 000011 Meeting date: January 7, 2010 Ordinance 24, 2009 Page 6 of 12 space, and concluded that the study area has a demand overhang/supply deficit of 1,632,963 square feet of retail commercial. The study shows that sufficient demand potential exists in the study area to support the proposed commercial space at the subject site. TRANSPORTATION ELEMENT The proposed amendment is consistent with the Transportation Element. It meets the traffic level of service standards when limited to a maximum of 250,000 square feet of commercial retail space as detailed in the Level of Service section below. It is also consistent with the City's Conceptual Thoroughfare Plan for the future extension of Congress Avenue. INFRASTRUCTURE ELEMENT The proposed amendment is consistent with the Infrastructure Element. It meets the level of service standards for sanitary sewer, potable water, solid waste, and drainage as detailed in the Level of Service section below. HISTORICAL AND ARCHEOLOGICAL RESOURCES No historical and/or archeological resources have been identified on site, which was previously developed as a mobile home park. ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND -USE Until recently the subject parcel had been a Residential Mobile Home Park for over 30 years. No native upland or wetland habitats exist on the parcel. LEVELS OF SERVICE TRAFFIC The applicant provided a Transportation Analysis prepared by Pinder Troutman Consulting, Inc. The analysis looked at the current future land use designation (RM), the proposed future land use designation (C) at maximum intensity under two scenarios (two -story retail and four -story general office), and the proposed future land use designation (C) with a 250,000 square foot cap on retail commercial space. The analysis looked at traffic conditions currently using 2008 data, in five years (2013) and in the year 2025. The City's Residential Medium (RM) land use designation allows up to 7 units per acre, which can be increased to 9 units per acre if used in conjunction with Planned Community Development zoning. Therefore, maximum density under the current future land use designation was determined by using 9 units per acre. For the 23.16 acre site, this totaled 208 units and would yield 1,456 external average annual daily traffic (AADT) trips, 93 AM peak -hour trips, and 110 PM peak -hour trips (Table 2). The maximum intensity for commercial use was determined to be two -story retail use with a 35% lot coverage, which yielded 19,270 new AADT trips, 594 AM peak -hour trips and 1,859 PM peak -hour trips (Table 3). This would yield a net increase of 17,814 AADT trips. The Petition #: CPMA- 09 -03- 000011 Meeting date: January 7, 2010 Ordinance 24, 2009 Page 7 of 12 traffic level of service analysis based on this increase created failures of several roadway links within the three study periods. However, the applicant has proposed to cap the maximum allowable retail commercial space to 250,000 square feet. This amount of retail use yielded 8,445 new AADT trips, 180 AM peak -hour trips, and 798 PM peak -hour trips (Table 4). Therefore, the proposed amendment with the retail cap would generate a net increase of 6,989 AADT trips, 87 AM peak - hour trips, and 688 PM peak -hour trips. With the proposed 250,000 square foot limitation on the maximum allowable retail commercial square footage, the proposed amendment did not create any failures of the traffic level of service within the study area over the three required timeframes. Therefore, the amendment to commercial with a limit on the amount of retail commercial use of 250,000 square feet or equivalent thereof as will be noted on the City's FLUM, meets the City's traffic level of service requirements. Table 2. Potential Traffic Impact of Existing Future Land Use Parcel Max. Density /Intensity Total Trips Peak -hour Peak -hour Commercial — 706,286 sq. ft. 19,270 AADT* Trips (AM) Trips (PM) RM — 23.16 acres 9 du/acre 1,456 AADT* 93 peak -hour 110 peak - (Two story retail; (208 dwelling units) external trips trips hour trips *Average Annual Daily Traffic Table 3. Potential Traffic Impact of Pronosed Future Land Use (Maximum Imnact) Parcel Max. Density /Intensity Total Trips Peak -hour Trips (AM) Peak -hour Tri s (PM) Commercial — 706,286 sq. ft. 19,270 AADT* 594 peak- 1,859 peak - 23.16 acres 250,000 sq. ft. external trips hour trips hour trips (Two story retail; external trips trips trips 35% lot -coverage) *Average Annual Daily Traffic Table 4. Potential Traffic Impact of Proposed Future Land Use with FLUM note canning maximum amount of retail commercial Parcel Max. Density /Intensity Total Trips Peak -hour Peak -hour Trips (AM) Tri s (PM) Commercial — 250,000 sq. ft. 8,445 AADT* 180 peak -hour 798 peak -hour 23.16 acres external trips trips trips with cap on -intensity *Average Annual Daily Traffic The City's Conceptual Thoroughfare Plan and Palm Beach County's Thoroughfare Right -of -way Identification map both plan for the extension of Congress Avenue from Northlake Boulevard, through the subject site, and connecting with Richard Road to cross the Florida East Coast railway and connecting to Alternate AIA. This future right -of -way is planned to be a four lane divided roadway and would split the site into an approximate 7.76 acre parcel and an approximate 12.92 acre parcel, removing the 2.48 acres right -of -way from the total site area. The extension of Petition #: CPMA- 09 -03- 000011 Meeting date: January 7, 2010 Ordinance 24, 2009 Page 8 of 12 Congress Avenue is included in the applicant's transportation analysis for its 2025 transportation system projections. SANITARY SEWER The site is currently served by Seacoast Utility Authority (SUA). The applicant provided a letter of availability from SUA dated March 18, 2009. The City's Comprehensive Plan gives a sanitary sewer LOS of 107 gallons per day per capita. No LOS is given for commercial usage. Therefore, the applicant has used 0.1 gallon per square foot of commercial building per Health Department standards for non - residential water and sewer flows. The sanitary sewer level of service analysis follows: 1) Level of service required for existing Palm Beach Gardens land use Residential Medium (RM) on 23.2 acres is based on a maximum of 9 units per acre of development. The sewer demand estimate for the existing land use designation of Residential Medium (RM) equals 23.2 acres x 9 units per acre x 2.35 persons per unit x 107 gallons per day per capita = 209 units x 2.35 persons x 107 gal = 52,553 gallons per day. 2) Level of service required for proposed Palm Beach Gardens land use Commercial (C & CG -1) on 23.2 acres is based on a maximum of 1,412,572 square feet of commercial development: The sewer demand estimate for the proposed land use designation of Commercial (C & CG -1) is based on a maximum of 1,412,572 square feet (1,412,572 square feet x 0.1 gallons) = 141,257.2 gallons per day. 3) Level of service required for proposed Palm Beach Gardens land use Commercial (C & CG -1) on 23.2 acres with a cap limitation of 250,000 square feet of commercial development: The sewer demand estimate for the proposed land use designation of Commercial (C & CG -1) is based on a maximum of 250,000 square feet (250,000 square feet x 0.1 gallons) = 25,000 gallons per day. The analysis shows that the amount of sanitary sewer needed to service the proposed land use change under the maximum potential development scenario is nearly three times greater than that needed to service the existing allowable use. The analysis also shows that the needed sanitary sewer under the proposed land use change with the proposed cap of 250,000 square feet of commercial is less than one -half what is needed under the existing land use designation. As stated, SUA has provided a letter stating that the capacity to meet the impacts from the maximum proposed future land use amendment is available. Therefore, the capacity is also available to service the lower impacts produced by the proposed land use change with the proposed 250,000 square feet cap on development. However, it is important to note that no capacity is reserved for the site at this time. POTABLE WATER The site is currently served by Seacoast Utility Authority (SUA). The applicant has provided a letter of availability from SUA dated March 18, 2009. The City's Comprehensive Plan gives a potable Petition #: CPMA- 09 -03- 000011 Meeting date: January 7, 2010 Ordinance 24, 2009 Page 9 of 12 water LOS of 191 gallons per day per capita. No LOS is given for commercial usage. Therefore, the applicant has used 0.1 gallon per square foot of commercial building per Health Department standards for non - residential water and sewer flows. The potable water level of service analysis follows: 1) Level of service required for existing Palm Beach Gardens land use Residential Medium (RM) on 23.2 acres is based on a maximum of 9 units per acre of development. The public water demand estimate for the existing land use designation of Residential Medium (RM) equals 209 units x 2.35 persons per unit x 191 gallons per day per capita = 93,810 Sallons per day. 2) Level of service required for proposed Palm Beach Gardens land use Commercial (C & CG -1) on 23.2 acres is based on a maximum of 1,412,572 square feet of commercial development: The public water demand estimate for the proposed land use designation of Commercial (C & CG -1) is based on a maximum of 1,412,572 square feet (1,412,572 square feet x 0.1 gallons) = 141,257.2 gal per day. 3) Level of service required for proposed Palm Beach Gardens land use Commercial (C & CG -1) on 23.2 acres with a cap limitation of 250,000 square feet of commercial development: The public water demand estimate for the proposed land use designation of Commercial (C & CG -1) is based on a maximum of 250,000 square feet (250,000 square feet x 0.1 gallons) = 25,000 gallons per day. The analysis shows that the amount of potable water needed to service the proposed land use change under the maximum potential development scenario is nearly three times greater than that needed to service the existing allowable use. The analysis also shows that the needed potable water under the proposed land use change with the proposed cap of 250,000 square feet of commercial is less than one -half what is needed under the existing land use designation. As stated, SUA has provided a letter stating that the capacity to meet the impacts from the maximum proposed future land use amendment is available. Therefore, the capacity is also available to service the lower impacts produced by the proposed land use change with the proposed 250,000 square feet cap on development. However, it is important to note that no capacity is reserved for the site at this time. DRAINAGE A Drainage Statement for Hilltop Gardens was prepared by Michael A. Schorah and Associates, Inc. There is no on -site storm water retention on this parcel currently. On -site surface water system will be required as part of the final site plan. The statement concludes that it will be possible to provide drainage on -site that will meet the City's drainage level of service requirements. SOLID WASTE The change will not adversely impact solid waste generation. No improvements or expansions to the solid waste disposal system are needed to service this amendment. The applicant has provided a letter of service availability from the Solid Waste Authority dated January 9, 2009. Petition #: CPMA- 09 -03- 000011 Meeting date: January 7, 2010 Ordinance 24, 2009 Page 10 of 12 The City's Comprehensive Plan provides for the following standards: 2005 — Garbage 66,290 tons per year 2010 — Garbage 8 0,05 0 tons per year 7.13 lbs per capita per day, twice per week in urban areas 7.13 lbs per capita per day, once per week in rural areas The City's standard policy for commercial development is 5.5 lbs /square feet/year. However, the City's Comprehensive Plan and Land Development Regulations do not reference the requirements for commercial development. The applicant has used 7.13 lbs /square feet/year for its estimates as a more conservative estimate. 1) Level of service required for existing Palm Beach Gardens land use Residential Medium (RM) on 23.2 acres is based on a maximum of 9 units per acre of development. The total maximum allowable development is 209 units, and the usage is based on 7.13 lbs. per day per capita. Therefore, 209 units x 2.35 persons per unit x 7.13 lbs. per day per capita = 3,502 pounds per day 2) Level of service required for proposed Palm Beach Gardens land use Commercial (C) on 23.2 acres is based on a maximum of 1,412,572 square feet of commercial development: The total maximum allowable development is 1,412,572 square feet, and the usage is based on 5.5 lbs /square feet/year. Therefore, the total demand under the proposed land use is: 1,412,572 square feet (1,412,572 square feet x 5.5 lbs /square feet/year /365 days) = 21,285 pounds per day 3) Level of service required for proposed Palm Beach Gardens land use Commercial (C) on 23.2 acres with a cap limitation of 250,000 square feet of commercial development: The total maximum allowable development is 250,000 square feet, and the usage is based on 5.5 lbs /square feet/year. Therefore, the total demand under the proposed land use is: 250,000 square feet (250,000 square feet x 5.5 lbs /square feet/year /365 days) = 3,767 pounds per day The applicant has indicated that the required level of service is 27,593 lbs /day (based on 7.13 lbs /square feet/year) for the proposed amendment at the maximum development impact, and 4,883 lbs /day for the proposed amendment impact based on the 250,000 square foot cap on commercial development. However, whichever estimate is used, future service is available according to the Solid Waste Authority. PARKS AND RECREATION Since the amendment does not involve an increase of residential units, there is no impact to the City's parks and recreation level of service. In addition, Parks and Recreation has reviewed the application and does not have any adverse comments or concerns regarding the proposal. CONCLUSION OF LEVEL OF SERVICE ANALYSIS The applicant has demonstrated to the satisfaction of the Director of Engineering, the City's traffic engineering consultant, and staff that the proposed Future Land Use Category of Commercial Petition #: CPMA- 09 -03- 000011 Meeting date: January 7, 2010 Ordinance 24, 2009 Page 11 of 12 meets the level of service standards established in the City's Comprehensive Plan. The Growth Management Department has received response letters from the City's Fire and Police Departments stating that the proposed future land use change is appropriate and will not negatively impact the levels of service of said Departments. The applicant has provided letters from the Solid Waste Authority and Seacoast Utility Authority stating there are adequate capacities to service the proposed development at their respective adopted levels of service. Therefore, the petitioner's analysis demonstrates that there will be no direct, adverse impacts on the adopted Level of Service (LOS) standards for water, sewer, solid waste, parks and recreation, police and fire services, and traffic. NEARBY LOCAL GOVERNMENT COMMENTS /OBJECTIONS Staff provided the Palm Beach County Intergovernmental Plan Amendment Review Committee ( IPARC) notice on June 12, 2009. IPARC has not raised any objections to date. STAFF ANALYSIS The proposed Future Land Use Map designation of Commercial (C) is compatible with the adjacent properties and with the City's Comprehensive Plan. The changes will provide additional commercial development just north of the intersection of Northlake Boulevard and Congress Avenue. The traffic statement indicates that the proposed change with a cap of 250,000 square feet of gross commercial retail will not result in substantial traffic impacts to the adopted level of service. Also, the analysis demonstrates that there will be no direct, adverse impacts on the adopted Level of Service (LOS) standards for water, sewer, solid waste, parks and recreation, police and fire services. The Comprehensive Plan describes the Residential Medium (RM) (Policy 1.1.1.4) and Commercial (C) (Policy 1.1.1.7) land use categories. The Comprehensive Plans states that RM "uses [should be] spatially separated or buffered from major streets, commercial or industrial activities, or other land uses which generate significant adverse impacts." The Congress Avenue extension would create significant buffering challenges for residential uses on the site, and RM will not be the best future land use designation for the subject site. In contrast, the added visibility and access would be beneficial for commercial uses locating at the site. It is important to note that although the future Congress Avenue extension is planned on both the City's Conceptual Thoroughfare Plan and Palm Beach County's Thoroughfare Right -of -way Identification map there is no assurance or timeframe for completion of the roadway extension at this time. However, based on the best information available, the Congress Avenue extension will eventually connect Northlake Boulevard to Alternate A 1 A through the subject site. The applicant's market study states that the site will have excellent access and visibility once Congress Avenue is extended north of Northlake Boulevard. After the extension, the subject site will have approximately 925 feet of frontage along an arterial roadway. In addition, the study concludes that sufficient demand potential exists in the study area to support the proposed commercial space at the subject site. Petition #: CPMA- 09- 03- 000011 Meeting date: January 7, 2010 Ordinance 24, 2009 Page 12 of 12 The City's land use ratios indicate that commercial and professional office make up less than three percent (3 %) of existing land in the City while residential makes up approximately 24 percent of the City's land area. This proposed land use amendment would increase the amount of commercial space in the eastern portion of the City where infill development is encouraged and services are available. The proposal is also consistent with the goals, objectives, and policies of Florida's State Comprehensive Plan and the Treasure Coast Regional Planning Council's Regional Policy Plan, especially with regard to encouraging redevelopment and infill development that makes efficient use of existing public services and facilities and the promotion of economic development opportunities. Based upon staff's analysis, the proposed future land use amendment to Commercial (C), with the maximum cap of 250,000 square feet of gross commercial retail space is: • Consistent with the City's Comprehensive Plan and its goals of economic development and placement of commercial uses; • Consistent with adopted level of service standards for transportation and other services; • Compatible with the subject site's surroundings; and • More appropriate for the subject site than the existing RM land use designation. PZAB RECOMMENDATION At the July 14, 2009 public hearing, the PZAB, sitting as the Local Planning Agency, voted 6 -1 to recommend approval of the Future Land Use Map amendment petition. CITY COUNCIL ACTION At the September 10, 2009 public hearing, the City Council voted to approve Ordinance 24, 2009 on first reading, and authorized the transmittal to the Florida Department of Community Affairs (DCA) for review. DCA REVIEW DCA sent a letter to the City on November 30, 2009 (attached), confirming that the Department had reviewed the proposed Comprehensive Plan amendment, and had distributed it to the appropriate reviewing agencies. DCA and the other agencies had no objections to the proposed amendment. The letter served as DCA's Objections, Recommendations and Comments (ORC) Report. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 24, 2009 on second reading. August 17, 2009 Mr. Martin Schneider, AICP Planner Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33401 kil S T U Urban Planning and Design Landscape Architecture Communication Graphics RE: REVISED IMPACT ANALYSIS OF PROPOSED FUTURE LAND USE PLAN AMENDMENT FOR FORMER HILLTOP MHP SITE Dear Mr. Schneider: Below for your review is an updated impact analysis on municipal services with regards to the proposed Hilltop MHP Future Land Use Plan amendment. This update indicates the potential impact on municipal services if the future development of the site is limited to 250,000 square feet, as requested. Please note that the generation rates used in the analysis are industry standards and are just estimates of what could occur when the site is developed. Traffic Circulation: Traffic circulation has been analyzed by Pinder Troutman Consulting, Inc. A copy of this analysis was previously provided. No revision to the Comprehensive Plan's Transportation Element is required with this requested Future Land Use Plan amendment. Sanitary Sewer: Sanitary sewer services will be provided to the site by the Seacoast Utility Authority. Please see the previously- submitted letter from Dee Giles at Seacoast Utility Authority. No revision to the Comprehensive Plan's Sanitary Sewer sub - element is required with this requested Future Land Use Plan amendment. For the estimate for the potential impact, the maximum development cap of 250,000 square feet was used. The City's Comprehensive Plan provides for the following standards: Sanitary Sewer - LOS (107 gallons per day per capita) Existing Land Use Designation — Residential Medium (RM) 52,553 gallons per day based on the maximum of 209 dwelling units (209 dwelling units x 2.35 persons per unit x 107 gallons per day per capita) Proposed Land Use Designation — Commercial (C) 25,000 gallons per day based on the maximum of 250,000 square feet of commercial areas (250,000 square feet x 0.1 gallon per square foot for commercial building per Health GAJobs \Hliltop Gardens MHP\Applicadon Info\Revised Analysis.doc 477 S. Rosemary Avenue Suite 225 - The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDKstudlos.com LCC35 Department standards for non - residential water and sewer flows) Potable Water: Potable water services will be provided to the site by the Seacoast Utility Authority. Please see the previously - submitted letter from Dee Giles at Seacoast Utility Authority. No revision to the Comprehensive Plan's Potable Water sub - element is required with this requested Future Land Use Plan amendment. For the estimate for the potential impact, the maximum development cap of 250,000 square feet was used. The City's Comprehensive Plan provides for the following standards: Potable Water - LOS (191 gallons per day per capita) Existing Land Use Designation — Residential Medium (RM) 93,809 gallons per day based on the maximum of 209 dwelling units (209 dwelling units x 2.35 persons per unit x 191 gallons per day per capita) Proposed Land Use Designation — Commercial (C) 25,000 gallons per day based on the maximum of 250,000 square feet of commercial areas (250,000 square feet x 0.1 gallon per square foot for commercial building per Health Department standards for non - residential water and sewer flows) Drainage: Drainage has been analyzed by Michael A. Schorah and Associates. A copy of this analysis was previously submitted. No revision to the Comprehensive Plan's Stormwater Management sub - element is required with this requested Future Land Use Plan amendment. The City's Comprehensive Plan provides for the following standard: Drainage LOS - Comprehensive Plan - 3- day /25 -year storm The subject site will meet the development standard of a 3- day /25 -year storm event. Solid Waste: Solid waste collection will be provided by Solid Waste Authority. A copy of a letter indicating their ability to service this site was previously submitted. No revision to the Comprehensive Plan's Solid Waste sub - element is required with this requested Future Land Use Plan amendment. Solid Waste - LOS NOTE: COMPREHENSIVE PLAN assumes 7.13 lbs. Per day per capita Existing Land Use Designation — Residential Medium (RM) 3,501 pounds per day based on the maximum of 209 dwelling units (209 dwelling units x 2.35 persons per unit x 7.13 pounds per day per capita) Proposed Land Use Designation — Commercial (C) 4,883 pounds per day based on the maximum of 250,000 square feet of commercial areas (250,000 square feet x 7.131bs /s.f. /year solid waste generation rate estimate) Recreation and Open Space: The City's Comprehensive Plan provides for the following standards: Recreation and Open Space LOS - 3.7 acres of improvement parks per 1000 permanent residents Existing Land Use Designation — Residential Medium (AM) 1.81 acres needed to meet the City's Level of Service of 3.7 acres per 1000 residents for the estimated 2.35 persons per unit per 209 dwelling units. Proposed Future Land Use Designation — Commercial (C) There is no Parks and Recreation requirement for non - residential properties. Thank you for your assistance regarding this issue. Should you have any questions or comments regarding this petition, please feel free to contact me at any time. Sincerely, Urban Design Kilday Studios Marty R.A. Minor, AICP Senior Project Planner FUTURE LAND USE PLAN MAP AMENDMENT MAPS 1. An 8 1/2" X 11" map of the subject area drawn to scale in miles, shading in the subject property. Attached 2. An 8 1/2" X 11" map of the area, indicating the boundary of the subject property, its location in relation to the thoroughfare network, and the proposed Future Land Use Map designation. Attached 3. An 8 1/2" X 11" section of the City's Future Land Use Map, indicating the subject property, its current land use designation and the land use designation of abutting properties. Attached 4. Indicate the comprehensive plan maps, other than the Future Land use Plan Map, which will need to be modified to include the proposed amendment. Only the Future Land Use Plan Map will need to be modified with this request. 5. If the subject property was recently annexed, or for other reasons has not been included in the Palm Beach Gardens Comprehensive Plan data and analysis, the following information must also be supplied to update all applicable maps: a. soil /mineral types As indicated on the City's Analysis of Land Development Suitability map in the Comprehensive Plan, the site contains Quartipsamments -Urban Land and Terra Cela soil types (Comprehensive Plan Map Q. b. wellfield zones /cones of influence The subject site is located within Zone 3 and 4 as identified in the City's Existing and Proposed Waterwells and Cones of Influence Map (Comprehensive Plan Map B). c. historic resources There are no known historic resources on site. d. flood prone areas G:VobslHilltop Gardens MHPIApplication InfoTrigineering Response Ltr.doc A strip of the site along the western boundary adjacent to the C -17 Canal is identified as a flood prone area within the City's Flood Zones Map (Comprehensive Plan Map E). e. drainage basins and features The subject site is located within the C -17 Canal basin, as described in the City's Comprehensive Plan and the City's most recent Evaluation and Appraisal Report f. major topographical features The subject site is a vacant, but was formerly a mobile home park. The property is relatively -flat and with sporadic trees and vegetation. g. ecological communities /wetlands As stated earlier, the subject site is a former mobile home park. The site is currently vacant with remnants of trailer pads and utility hook -up locations from the former mobile home park. There are no existing ecological communities or wetlands on the site. REPORTS 1. Size of the site in acres or fractions thereof Site Area = 23.163 acres, which includes the future Congress Road right -of -way. The future Congress Avenue right -of -way comprises approximately 2.48 acres. 2. Description of existing land uses (not designations) of subject property and surrounding properties. Existing Use of Subject Property: • Vacant Existing Use of Surrounding Properties: • North: City -owned vacant property and Seacoast Utility Authority Richard Road water treatment plant • South: Two commercial properties located within the City. The sites are being used for a Pep Boys auto store, Applebee's restaurant and Walgreen's pharmacy. • East: A mobile home park located within Palm Beach County. • West: C -17 Canal and, across the canal, the City -owned Lake Catherine Sportsplex 3. A narrative which summarizes: a) The maximum allowable development under the existing designation for the site: The subject site has a Future Land Use Plan designation of Residential Medium (RM), which allows up to 7 dwelling units per acre and up to 9 dwelling units per G:Vobs\Hilltop Gardens MHAApplication Info\Engineering Response Ltr.doc acre with a planned development. This designation would allow up to 209 dwelling units on the site. Calculations: 23.163 acres x 7 du /ac = 162.141 or 162 dwelling units 23.163 acres x 9 du /ac with planned development = 208.467 or 209 dwelling units b) The maximum allowable development under the proposed designation for the site: The proposed Future Land Use Plan designation for the subject site is Commercial. The Commercial land use designation allows for a 35% lot coverage and a 50' building height. These regulations allow for a total of 1,412,572 square feet of commercial space, assuming a conventional four -story office building. This calculation was arrived at multiplying the site acreage (23.163 acres) by the 35% lot coverage to receive a 353,143 square foot maximum floor plate. With the 50 -foot building height, this is comparable to a four -story office building. When the maximum allowable floor plate of 353,143 square feet is extended to four stories, the maximum allowable development for the subject property would be 1,412,572 square feet. The calculated maximum allowable development provides for a 1.39 Floor Area Ratio (FAR), which is more than triple other commercial projects in the City. For example, the commercial portion of the Legacy Place project has a 0.22 FAR and the FARs for PGA Commons parcels range from 0.19 to 0/31 FAR. As such, it is highly improbable that the subject site will be developed at its maximum allowable intensity. The estimated required parking for 1,412,572 square feet of office space (at a 1 space per 300 square foot ratio) would be 4,708 spaces. Using the industry construction standard of 100 spaces per acre, the required parking would need 47 acres of land. The site is only 23.163 acres, therefore, a parking garage would need to be built. The parking garage would also be limited by the lot coverage and building height limitations. Any parking garage would erode the amount of area within the "maximum allowable development." As you are aware, any future development on this site will have to meet all of the City's levels of service identified in its Comprehensive Plan and meet all concurrency standards. c) A description of the proposed use and information on its compatibility with the surrounding area. The applicant is proposing to allow commercial uses on the subject site. While no specific uses are known or proposed at this time, the designation of the site as commercial is a critical first step to being able to market the site for commercial development. The subject site will be accessed by the planned extension of Congress Avenue. As identified on the City and Palm Beach County's Conceptual Thoroughfare Plan, Congress Avenue is planned to extend from its current G:VobMilltop Gardens MHAApplication InfoTrigineering l;Wsponse Ltr.doc northern terminus at Northlake Boulevard north through the subject site and ultimately connecting with Richard Road and the crossing of the Florida East Coast railway. This expanded right of way, planned to be a four -lane divided roadway, greatly impacts the subject site. This extension represents the continuation and completion of the Congress Avenue corridor, which is a major north -south thoroughfare in the county. The Congress Avenue extension will provide a connection to Alternate AIA, also a major north county roadway, from Northlake Boulevard. As a result, it is anticipated that this roadway extension will carry a high volume of traffic when completed. The anticipated traffic will greatly impact any development of the subject site and the suitability of the site for residential uses. Under a proposed alignment of the roadway, the subject site will be bisected and split into two parcels containing approximately 7.76: acre and 12.92 acre parcels. The impact of the property split and the proximity of the future roadway to the site create an opportunity for viable commercial uses in this location. Providing for commercial uses in this location will allow the expansion of the existing commercial node at the intersection of Congress and Northlake. The requested commercial use is more appropriate for the subject site because it will allow the existing development pattern of the Congress Avenue, Northlake Boulevard and Alternate AIA corridors to be enhanced and expanded. The subject site has future land use and zoning designation of Residential Medium. Currently vacant, the site operated for several decades as a non - conforming use as a mobile home park. Adjacent Property Analysis Existing Use Future Land Use Zoning designation Plan designation Subject Site Vacant Residential Medium Residential Medium (former non- (RM) (RM) conforming mobile home ark North City —owned Public (P) Public/Institutional vacant property (P/I) Seacoast Utility Palm Beach County Palm Beach County — Authority — Transportation Public Ownership Richard Road and Utilities (U/T) (PO) water treatment plant East Hilltop Park Palm Beach County Palm Beach County — MHP — High Residential- Residential High (now - a non- 12 (HR -12) under new regulations conforming operating as mobile home Residential Medium. G:Vobs\Hilltop Gardens MHAApplication InfoEngineering Response Ltr.doc As discussed earlier, a Commercial designation for the subject site is appropriate and would enhance the existing development pattern. In addition, the use is consistent and compatible with the existing commercial uses located south of the subject site and along the Congress Avenue corridor. The requested use is also compatible with the public and utility uses located to the north and west of the subject site. Immediately to the east of the subject site is the Hilltop Park Mobile Home Park, which is a non - conforming use within Palm Beach County. Hilltop Park is within the Village of North Palm Beach's Potential Annexation Area. In total, there are approximately 40 acres of underutilized residential land in this general area, which will also be impacted by the future Congress Avenue extension. This pocket of County land is also impacted by the Florida East Coast railway to the east and the adjacent Commercial and Industrial uses making Commercial or Industrial uses more appropriate for the site in the future. 4. A statement of justification or reason for the proposed land use amendment, which is based on the physical characteristics of the site, the impact on public facilities and services, and the policies of the City. As described above, the subject site is located at the current northern terminus of Congress Avenue. Congress Avenue is planned as a divided four -lane collector roadway by the County and City to be extended through the subject site to connect to the Richard Road crossing of the Florida East Coast Railway. This roadway extension will bisect the subject site and greatly impact the viability of any future residential on the property. In addition, the subject site is located between existing commercial uses to the south (including a parcel which was recently converted from Residential Medium to Commercial future land use designation by the City) and the existing water treatment plant located to the north. As indicated in the analysis below, the requested amendment will not adversely impact any public facilities or G:\7obs\Hi'11top Gardens MMApplication Info\Engineering R$sponse Ltr.doc park in Palm Beach County South Various Commercial General Commercial -1 commercial (CG -1) properties, i.e. Pep Boys, Applebees, Walgreens and PoloTropical, in city West Commercial Mixed Use (MXD) PUD (MXD) (across C -17 Center canal) Recreation and Public/Institutional Lake Catherine Open Space (ROS) (P/1) Sportsplex Public Public/Institutional Howell L. (P/I) Watkins Middle School As discussed earlier, a Commercial designation for the subject site is appropriate and would enhance the existing development pattern. In addition, the use is consistent and compatible with the existing commercial uses located south of the subject site and along the Congress Avenue corridor. The requested use is also compatible with the public and utility uses located to the north and west of the subject site. Immediately to the east of the subject site is the Hilltop Park Mobile Home Park, which is a non - conforming use within Palm Beach County. Hilltop Park is within the Village of North Palm Beach's Potential Annexation Area. In total, there are approximately 40 acres of underutilized residential land in this general area, which will also be impacted by the future Congress Avenue extension. This pocket of County land is also impacted by the Florida East Coast railway to the east and the adjacent Commercial and Industrial uses making Commercial or Industrial uses more appropriate for the site in the future. 4. A statement of justification or reason for the proposed land use amendment, which is based on the physical characteristics of the site, the impact on public facilities and services, and the policies of the City. As described above, the subject site is located at the current northern terminus of Congress Avenue. Congress Avenue is planned as a divided four -lane collector roadway by the County and City to be extended through the subject site to connect to the Richard Road crossing of the Florida East Coast Railway. This roadway extension will bisect the subject site and greatly impact the viability of any future residential on the property. In addition, the subject site is located between existing commercial uses to the south (including a parcel which was recently converted from Residential Medium to Commercial future land use designation by the City) and the existing water treatment plant located to the north. As indicated in the analysis below, the requested amendment will not adversely impact any public facilities or G:\7obs\Hi'11top Gardens MMApplication Info\Engineering R$sponse Ltr.doc services. ' 5. A description of the ability of and demand on public facilities, indicating the proposal's impact on established level of service standards: traffic circulation, sanitary sewer, potable water, solid waste, drainage, recreation and open space. (NOTE: The most dense or intensive use allowed under the land use category should be analyzed for its impact on facilities and services.) The availability of and demand on public facilities has been analyzed based on the "maximum allowable development" as referenced in question number 3.b) above. Traffic Circulation: Traffic circulation has been analyzed by Pinder Troutman Consulting, Inc. A copy of this analysis is attached. No revision to the Comprehensive Plan's Transportation Element is required with this requested Future Land Use Plan amendment. Sanitary Sewer: Sanitary sewer services will be provided to the site by the Seacoast Utility Authority. Please see the attached letter from Dee Giles at Seacoast Utility Authority. No revision to the Comprehensive Plan's Sanitary Sewer sub - element is required with this requested Future Land Use Plan amendment. For the estimate for the potential impact of the "maximum allowable density," the analysis uses the site acreage, minus the future Congress Avenue right -of -way. The City's Comprehensive Plan provides for the following standards: Sanitary Sewer - LOS (107 gallons per day per capita) Existinm Land Use Designation —Residential Medium (RIW 52,553 gallons per day based on the maximum of 209 dwelling units (209 dwelling units x 2.35 persons per unit x 107 gallons per day per capita) Proposed Land Use Designation — Commercial (C) 141,257 gallons per day based on the maximum of 1,412,572 square feet of commercial areas (1,412,572 square feet x 0.1 gallon per square foot for commercial building per Health Department standards for non - residential water and sewer flows) Potable Water: Potable water services will be provided to the site by the Seacoast Utility Authority. Please see the attached letter from Dee Giles at Seacoast Utility Authority. No revision to the Comprehensive Plan's Potable Water sub - element is required with this requested Future Land Use Plan amendment. For the estimate for the potential impact of the "maximum allowable density," the analysis uses the site acreage, minus the future Congress Avenue right -of -way. The City's Comprehensive Plan provides for the following standards: Potable Water - LOS (191 gallons per day per capita) G:Vobs\Hilltop Gardens MHP\Application InfoEngineering i sponse Ltr.doc Existing Land Use Designation — Residential Medium (8110 93,809 gallons per day based on the maximum of 209 dwelling units (209 dwelling units x 2.35 persons per unit x 191 gallons per day per capita) Proposed Land Use Designation — Commercial (C) 141,257 gallons per day based on the maximum of 1,412,572 square feet of commercial areas (1,412,572 square feet x 0.1 gallon per square foot for commercial building per Health Department standards for non - residential water and sewer flows) Drainage: Drainage has been analyzed by Michael A. Schorah and Associates. A copy of this analysis is attached. No revision to the Comprehensive Plan's Stormwater Management sub - element is required with this requested Future Land Use Plan amendment. The City's Comprehensive Plan provides for the following standard: Drainage LOS - Comprehensive Plan - 3- day /25 -year storm The subject site will meet the development standard of a 3- day /25 -year storm event. Solid Waste: IV Solid waste collection will be provided by Solid Waste Authority. A copy of a letter indicating their ability to service this site is attached. No revision to the Comprehensive Plan's Solid Waste sub - element is required with this requested Future Land Use Plan amendment. Solid Waste - LOS NOTE: COMPREHENSIVE PLAN assumes 7.13 lbs. Per day per capita Existing Land Use Designation — Residential Medium (RM) 3,501 pounds per day based on the maximum of 209 dwelling units (209 dwelling units x 2.35 persons per unit x 7.13 pounds per day per capita) Proposed Land Use Designation — Commercial (C) 27,593 pounds per day based on the maximum of 1,412,572 square feet of commercial areas (1,412,572 square feet x 7.13 lbs /s.f. /year solid waste generation rate estimate) Recreation and Open Space: The City's Comprehensive Plan provides for the following standards: Recreation and Open Space LOS - 3.7 acres of improvement parks per 1000 permanent residents Existing Land Use Designation — Residential Medium (RM) G:Vobs\Hilltop Gardens MHP\Application InfoTrigineering 4@;ponse Undoc 1.81 acres needed to meet the City's Level of Service of 3.7 acres per 1000 residents for the estimated 2.35 persons per unit per 209 dwelling units. Proposed Future Land Use Designation — Commercial (C) There is no Parks and Recreation requirement for non - residential properties. 6. Analysis of the character of any vacant lands in order to determine suitability of use, including: Soils: According to the City's Comprehensive Plan, the site includes Waveland-Pomello- Myakka-Immokalee and Zolfo - Taveres -Paola soils. Topography, including flood prone areas: The topography of the site is identified on the project survey. The site is in Flood Zone "C" as shown on FIRM Community Panel 120192 0130. Natural Resources: There are no known natural resources on the subject property. Historic Resources: There are no known historic resources on the subject property. 7. Analysis of the relationship of the amendment to the population projections: • Population projections (indicated year) • Relationship of amendment to analysis (including in the Rule 9J- 5.006(2)(c)) of the amount of land needed to accommodate the projected population • Revised population projections (if applicable) The Bureau of Economic and Business Research at the University of Florida estimated that the City's population in 2007 was 49,724. The City's Comprehensive Plan estimates the population in 2010 will be 52,565. In 2015, the City estimates its population to be 61,076. With the maximum allowable development allowed under the existing Future Land Use Plan designation of Residential Medium, the subject site is estimated to could have housed 491 persons (144 dwelling units x 2.35 persons per unit). As noted earlier, the subject site is currently vacant and it has been many years since the former mobile home park operated at full capacity. With the requested Future Land Use Plan amendment of Commercial for the subject site, there would be no increase in the City's population. As such, no revisions to the City's population projections are warranted. 8. Whether the development (if it provides housing) is proposed to meet the housing needs of the anticipated populations. G:Uobs\Hi11top Gardens MHPWpplication InfoEngineering ll.gsponse Undoc Not applicable as no new housing is proposed within the re- designation. 9. Hurricane evacuation re- analysis based on the proposed amendment, considering the number of persons requiring evacuation, availability of hurricane shelter spaces, and evacuation routes and times. The western portion of the site is located within Evacuation Zone B within the Category 5 Hurricane evacuation area as described within the Coastal Management Element of the Comprehensive Plan. With this request, no housing will be permitted and no evacuations would be required. 10. Whether the proposed amendment affects beach accessibility. The proposed amendment will not affect beach accessibility. 11. Whether the site contains habitat for species listed by federal, state or local agencies as endangered, threatened or species of special concern. (Identify the species and show the habitat location of a map). The site does not contain any habitat for species listed by federal, state or local agencies. 12. Whether the proposed amendment affects adjacent local governments. ' The subject site is directly adjacent to unincorporated Palm Beach County along its eastern boundary. Because of this neighboring jurisdiction, Palm Beach County will have the opportunity through the City's Comprehensive Plan intergovernmental standards to review this Future Land Use Plan amendment. 13. Whether the amendment is based on the annual monitoring and review of the Capital Improvement Element. The proposed amendment is not based on the annual monitoring and review of the Capital Improvements Element 14. Capital Improvements re- analysis, if the amendment relates to the schedule of capital improvements, including: Public facility needs, as identified in he other plan elements, and relative priority of needs. Ability to finance the proposed capital improvements, including forecasting of revenues and expenditures, and projections of debt service obligations, tax bases, assessment ratio, millage rate, other revenue sources, operating cost considerations and debt capacity. The proposed amendment does not relate to the schedule of capital improvements. 15. If the proposal is for commercial, industrial or mixed -use land use, a market study G:UobAIIilltop Gardens MHP\Application Info\Engineering 42sponse Ltr.doc demonstrating the economic feasibility of the development and the locational advantage over existing non - residential lands is required consistent with Policy 1.1.6.2. (NOTE: See Policy 1.1.6.4 also) A market study analyzing the economic feasibility of the subject site and requested use is attached for your review. 16. Information regarding the compatibility of the proposed land use amendment with the future land use element goals, objectives and policies, and those of other affected elements. (NOTE: This should include a list of all goals, objectives and policies which are consistent with and furthered by this proposed amendment.) All the goals, objectives and policies which are consistent with and furthered by the proposed amendment are listed below. Goals, objectives or policies are not listed if they do not apply to the plan amendment, e.g. where time certain action was required by the City. CONSISTENCY WITH LOCAL COMPREHENSIVE PLAN CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 1.1, Objective 1.1.3, Policies 1.1.3.1 through 1.1.3.7 require maintenance, where necessary, of the City's land development regulations in order to implement the Comprehensive Plan. The project will be designed to comply with the City's adopted land development regulations. Goal 1.2, Objectives 1.2.1. and 1.2.2., Policies 1.2.1.1 through 1.2.1.7. and Policies 1.2.2.1. through 1.2.2.2. require development and redevelopment permits to be issued only in suitable areas including where topography and soil conditions exist to support such development. The subject site is located within the City's Urban Growth Boundary. In addition, site soils and the topography are capable of supporting the requested land use. Objective 1.2.3., Policies 1.2.3.1. through 1.2.3.2. require that adequate public facilities are available to service the proposed development. As indicated in this report, adequate public facilities and services are available to serve this development. When a development program is proposed for this subject site, the applicant will need to apply for and receive concurrency, in accordance with the City's Land Development Regulations. Goal 1.2, Objective 1.2.4., Policies 1.2.4.5. through 1.2.4.6. require fixture growth to be directed to areas as depicted on the Future Land Use map, consistent with sound GAlobA illtop Gardens MHP\Application 1nfo\Engineering 11@gsponse Ltr.doc planning principals, natural limitations, the Comprehensive Plan, and desired community character. The subject site is located within the City's Urban Growth Boundary, where development activity is directed within the City. As described in this report, the request for a Commercial Future Land Use designation is appropriate as the property, which is a former non - conforming mobile home park, will be greatly impacted by the future extension of Congress Avenue through the property. The requested changes is consistent with the existing land use pattern along the Congress Avenue corridor. Objective 1.1.4. and Policy 1.1.4.1. require the maintenance of land development regulations containing standards and provisions to encourage the elimination or reduction of uses inconsistent with the City's character and future land uses. As stated earlier, the subject site was a former mobile home park, which is a non- conforming use with the current Residential Medium (RM) future land use plan designation. The site is now vacant. The requested change of land use will eliminate this former non - conformity and allow for the requested land use which is more consistent with the surrounding land use patterns. Goal 1.3., Objective 1.3.1. and Policy 1.3.1.1. encourages economic development within the City and requires a market study for future land use plan amendments to commercial or industrial designations. As discussed above, the subject site is an appropriate location for a Commercial Future Land Use Plan designation. As opposed to the site's current conditions, as a vacant, former non - conforming mobile home park, the requested designation will expand the City's tax base and promote economic development within the community. The required market report is attached for your review. TRAFFIC CIRCULATION ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal Z.1, Objective 2.1.1, Policy 2.1.1.5. require the City to review all proposed developments for consistency with the Goals, Objectives and Policies of this plan, including consistency with the traffic circulation plans and the level of service standards. The impact of traffic generated by a proposed project on tl :e roadway network within and serving the City shall be measured based on project build out by phases and on the radius of development influence. With the requested re- designation and eventual redevelopment of the subject site, the Congress Avenue will be extended past its current northern terminus just north of Northlake Boulevard and connect to Alternate AlA. This roadway extension is identified on the City's Conceptual Thoroughfare Plan and Palm Beach County's Thoroughfare Right -of -Way Identification Map. Also, attached for your review is a traffic impact analysis prepared by Pinder Troutman Consulting, Inc. The report analyzes the impact that the maximum G:Vobs\Hilltop Gardens MHP\Application InfoEngineering P epponse Ltr.doc allowable development for the site would have on the surrounding roadways. In addition, the report also indicates that up to 250,000 square feet of commercial space on the site would meet all future traffic concurrency requirements. HOUSING ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 3.1, Obiectives 3.1.1. and 3.1.2, Policies 3.1.1.1 through 3.1.1.5. and Policies 3.1.2.1.thoruet 3.1.2.4. require the City to promote sustainable and energy - efficient housing and to assist the private sector in meeting the housing needs of the anticipated populations of the City by encouraging a variety of housing types, costs and sizes. No housing is proposed with this request. The former use on the site was a non- conforming mobile home park on the site. The requested designation is a more appropriate land use for the site because of the surrounding development pattern (see attached maps) the future extension of Congress Avenue. INFRASTRUCTURE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 4.A.1, Objective 4.4.1.1, Policies 4.A.1.1 throuzla 4.A.I.1.S requires all submittals for development to obtain a statement of available capacity from Seacoast Utility Authority prior to site plan approval The issuance of building permits will require an executed developer agreement with Seacoast Utility Authority and a certificate of occupancy will not be issued prior to acceptance by Seacoast Utility Authority of the sanitary sewer facilities which service the buildings. This project will obtain the appropriate approvals from Seacoast Utility Authority for sanitary sewer service at the prescribed time during the review process. Please refer to enclosed letter provided by Seacoast Utility Authority relating to the availability of sanitary sewer services. Goal 4.B.1. and Objective 4.B.1.1. requires the provision of access to solid waste disposal facilities. The applicant has been in contact with the Solid Waste Authority and capacity is available to service this project. Please refer to the enclosed letter from the Solid Waste Authority. Goal 4 C.l.and Objective 4.C.1.1. requires the provision of a city -wide drainage and stormwater management system. Drainage on the site will conform with all City and applicable drainage requirements. Please see the attached drainage statement from Michael A. Schorah and Associates, Inc. Goal 4.D.1, Objective 4.D.1.1, Policy 4.D.1.1.6 states "The City shall not approve development permits, which approved, would cause potable water facilities servicing the City to operate at levels below the levels of service standards established in Policies 4.D.1.13 through 4.D.1.1.5." G:Vobs\Hi11top Gardens MHAApplication Info\Engineering 4g3ponse Ltr.doc This project will obtain the appropriate approvals from Seacoast Utility Authority for potable water service at the prescribed time during the review process. Please refer to the enclosed letter provided by Seacoast Utility Authority relating to potable water. Goal 4.D.1, Objective 4.D.1.5, Policies 4.D.1.5.1 through 4.D.1.5.3 require all submittals for development to obtain a statement of available capacity from Seacoast Utility Authority prior to site plan approval, an executed agreement for service prior to issuance of a building permit, and written acceptance of water facilities prior to issuance of a Certificate of Occupancy. The applicant acknowledges these regulatory sign -offs are required during the review process and will comply at the appropriate time. Goal 4.D.2, Objective 4.D.2.1, Policies 4.D.2.1.1 and 4.D.2.1.2 require water conserving plumbing fixtures in new construction and discourage the use of potable water for irrigation in new developments. The petitioner will demonstrate compliance with these requirements during the building permit process. COASTAL MANAGEMENT ELEMENT: Goal 5.2, Objective 5.2.1., Policies 5.2.1.3. and 5.2.1.4. require that the City review, and revise, where necessary, land development regulations in order to ensure that building and development activities are carried out in a way to protect life and property from hurricanes and floods. The subject project is designed and will be maintained in compliance with the City's adopted land development regulations. Please note that the subject site is not located within the identified coastal area of the City. CONSERVATION ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 6.1., Obiectives 6.1.1, 6.1.21 6.1.3, and 6.1.4. specify the maintenance of the City's land development regulations to ensure that all ecological communities, wildlife and marine life especially endangered and rare species, are identified, managed and protected. As this is a redevelopment site, there are no ecological communities located on the subject property. RECREATION AND OPEN SPACE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 7.1, Objective 7.1.3 The City shall provide vehicular and pedestrian access to all public, active, recreational facilities, including barrier free design features at entrance G:VobMilltop Gardens MHAApplication Info\Engineering 463ponse Ltr.doc points to the facility such as buildings used for group assembly, spectator seating areas, and restrooms. The subject site will connect to the City's public sidewalk system. As no housing is proposed with this request, there will be no additional impact on the City's recreation system associated with this request. INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 8.1, Obiective 8.1.1, Policy 8.1.1.3 requires that the City notify Palm Beach County and surrounding municipalities in writing (prior to the application being considered by the City's Planning and Zoning Commission) , of all development applications received by the City requiring a Development Review Committee meeting. The subject property is adjacent to unincorporated Palm Beach County. Palm Beach County and other jurisdictions will be notified of this amendment request and have the opportunity to comment through the IPARC process. CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 9.1, Obiective 9.1.1, Policies 9.1.1.1 through 9.1.1.3 require the City to use its Capital Improvements Element to ensure construction of capital facilities in a timely manner in order to meet the public safety needs of the residents, maximize the use of existing facilities and promote orderly, compact development. The proposed re- designation furthers the City's actions as the site is an infill site and it will utilize existing facilities. It should also be noted that the site is located within the City's Urban Growth Boundary. Goal 9.1, Obiective 9.1.4, Policies 9.1.4.1 through 9.1.4.7 define the City's Level of Service (LOS) Standards and how those standards will be applied This project will comply with the City's adequate public facilities ordinance to ensure that at the time a development order or permit is issued, sufficient facility capacity is available or will be available concurrent with the impacts of the development. PUBLIC SAFETY ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 10.1, Obiectives 10.1.1., and 10.1.2. state that the City shall continue to provide adequate facilities to ensure the provision of an effective public safety program, that the City shall develop alternative funding methods to ensure that new development pay its proportionate share of the cost of providingpublic safety facilities, equipment, etc., and that the City prefers the use of police and fire impact fees as a method to more equitably distribute the cost for public safety services. G:Vobs\Hilltop Gardens MHAApplication InfoEngineering ljgtponse Undoc The development shall pay its fair share impact fee for police and fire protection as specified in the City's land development regulations. ECONOMIC DEVELOPMENT ELEMENT: Goal 13.1.and Objective 13.1.1. states that the City shall work to achieve a sustainable economic development through a balanced and diversified economy. As indicated in this report, the request designation will bring additional tax revenues and economic development to a vacant, non - conforming, underperforming site. 17. A description of the effect of the Comprehensive Plan elements, indicating specific changes or modifications that will be needed for internal consistency. The map change requested will not require any text changes to the Comprehensive Plan elements. 18. Copies of prior development approvals, including development order conditions. There is no prior development approvals for this site. 19. elationship of the proposal to the Evaluation and Appraisal Report, if applicable. There is no relationship between the proposed development and the EAR. 20. A listing entitled "Consistency of the Local Comprehensive Plan with the State Comprehensive Plan" prepared pursuant to Rule 9J- 5.021(4), F.A.C. Not applicable. MISCELLANEOUS 1. b) Two copies of a certified legal survey made by a surveyor registered in the State of Florida and drawn to scale appropriate to the size of the subject property, including an accurate legal description and computation of the total area of the subject property, computed in square footage and to the nearest one -tenth (1 /10th) of an acre. Nine copies of certified legal surveys are attached. 2. A statement of the applicant's interest in the property to have a land use amendment, including a copy of the last recorded Warranty Deed: c) If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corporation or other business entity and that he /she in fact an officer of the corporation or other business entity. GAlobMilltop Gardens MHP\Application Info\Engineering 11@;ponse Undoc Attached is an agent's authorization form from Michael Debock, vice president of Standard Pacific Homes and Hilltop Residential Ltd., the owner and applicant. Also attached is a copy of the latest Title Certification information. 3. Certified list of all property owners, mailing address and legal description of all property .within 300 feet of the subject parcel, as recorded in the latest official tax roll in the County Courthouse, accompanied by a Notarized Affidavit that to the best of the applicant's knowledge, said list is complete and accurate. If the applicant is required to notify property owners, the applicant will be responsible for notification and must coordinate with the City Clerk's office. A certified list of all Property Owner's within 500 feet of the subject parcel, and a notarized affidavit will be provided to you under separate cover. 4. Stake or flag the parcel requested for a land use plan amendment revealing its exact location and boundaries. This is required to be installed at the time of application submittal. The subject site will be staked prior to the Public Hearing. 5. A Title Certification or an updated Title Policy by an attorney, current within thirty (30) days of the application submittal date. Attached please find a copy of an updated Certificate of Title. 6. Place a 3' X 3' sign on the property, readily visible to vehicular and pedestrian traffic, stating "THIS SITE IS BEING CONSIDERED FOR AN ANNEXATION AND LAND USE PLAN AMENDMENT - CITY OF PALM BEACH GARDENS." This sign is to be removed from the site within ten (10) days after final action of the City Council. Such a sign shall be placed on the site prior to a Public Hearing and consideration by the City's Planning and Zoning Commission at the direction of the City's Growth Management Department. G:VobMilltop Gardens MHP\Application Info\Engineering i,93ponse Ltr.doc G:\.lobs\Hilllop Gardens WMApplication Info1FLUM Sufficiency Response Ltr.doc Seacoast Utility Authority MabingAddross: P.O. Box 109602 Palm Beach Gardens, Florlda 334i"= EXECUTIVE OFFICE March 187 2009 W. Marty Minor Urban Design Kilday Studios 477 So. Rosemary Avenue ............. West Palm Beach FL 33401 Re: Hilltop Gardens NM Dear Mr. Minor. FAX 366 -1100 This letter ism response to your recently submitted property questionnaire requesting service availability information for the proposed commercial space of a maximum of 630,666 square fed. The calculations are based on the information in your property questionnaire and are subject to change if plans indicate otherwise: i.e. medical buildings, restaurants, beauty salons, etc. The referenced project lies within the water and sewer service area of Seacoast Utility Authority. This will confum the cment status of water and wastewater capacity and commitments for Seacoast Utility ,Authority (Million Gallons Per Day): Capacity Committed and This Balance In Use Pr_ oiect Balance Water 19.70 17.050 .080 2.570 Sewer 12.00 7.586 .063 4.351 Please note that this statement reflects conditions as of this date; no guarantee of capacity availability in the future is expressed or implied, and no capacity has been reserved for the referenced project. Connection Fees• 630,600sfx.I gpd= 63,066 -60gpd :275 = 229.333 ERCs x $2,700.00 = $619,199.10_ 50% of the connection fees are due at the time of signing the Developer Agreement. The remaining connection fees are due when the meter /meters are requested, Administration Fees: The administrative fee is 4% of the connection fees (5619,199.10 x .04 = $24,767.96) and is due at the time preliminary plans are submitted for review. 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2195 Phone: Customer Service (561) 627 -2920 / Execudve Office (561) 627.2900 / FAX (561) 624 -2839 www.sua.com Mx. Marty Minor March 18, 2009 Page 2 Capacity Reservation: 229.333 ERCs x $386.88= $881724.35. 100% of the capacity reservation fee is due at the time of signing the Developer's Agreement and annually thereafter until the meter/ meters are sek A pre- engineering meeting is required to be held for this project. Please contact John Callaghan at extension 413 at this office to set up this meeting to discuss the water and sewer requirements. We encourage the project owner, arcbitect, engineer and all other interested parties to be present at this meeting as well. Should you have any quesdons, please feel free to cal me at extensions 305. Sincerely, SEACOAST UTILITY AUTHORITY �w Dee Giles Developer Agreement Coordinator cc: Michael Debock Bruce Gregg Jim Lance John Callaghan January 9, 2009 Mark Hammond Executive Director Solid Waste Authority 7501 N. Jog Road West Palm Beach, FL 33412 YOUR PARTNER FOR SOLID WASTE. SOLUTIONS Subject: Availability of Solid Waste Disposal Capacity Dear Mr. Hammond: The Solid Waste Authority of Palm Beach County hereby provides certification that the Authority has disposal capacity available to accommodate the solid waste generation for the municipalities and unincorporated county for the coming year of 2009. This letter also constitutes notification of sufficient capacity for concurrency management and comprehensive planning purposes. Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J- 5.005(4). As of September 30, 2008, the Authority's North County Landfills had an estimated 33;115,331 cubic yards of landfill capacity remaining. Based upon the existing Palm Beach County population, the most recently available population growth rates published by the University of Florida Bureau of Economic and Business and Research (BEBR), medium projection, and projected rates of solid waste generation, waste reduction and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2024, assuming the depletion of the Class I and Class III landfills is approximately balanced. The Board of the Solid Waste Authority authorized the initial design and permitting efforts to develop a new landfill and waste -to- energy facility for the Authority. The capacity of these new facilities will extend the life of the solid waste system well beyond the year 2065. The Authority continues to pursue options to increase the life of its existing facilities and to provide for all the County's current and future disposal and recycling needs. As part of its responsibility, the Authority will provide an annual statement of disposal capacity, using the most current BEBR projections available. Please provide copies of this Ietter to your plan review and concurrency management staff. If you have any questions or 1 can be of further assistance, please do not hesitate to contact me. Very truly yours, C. a'rt_ Marc . Bruner, Ph.D. Chief Administrative Officer 7501 North Jog Road, West Palm Beach, Florida 33412 (561) 640 -4000 FAX (561) 640 -3400 Ra ydodP.pw 22 'JI .- Aq JIR -LIM "Al Fm Its W4 P, gt A ML q6 "tie Wl� -oaf -113 it Dk IL 44.1s Ln D "NO o 4 x �. qL AVM S321Ob' LYRirtiia�aa�..: w Y Q J NO aaoja38 0 J I W I}. Y' =.1 i. _ � o o d� x a ° a w m � d C 6 V N 'o m m „ � W a m z LL x o a pops o y i m a m h a w o� rc s a s m u a > 3 5 � � U 0 O h p = U U Q i0 z Y° 6 C N N N N fn a n rc z ° z 5 p z W 2 Q _h o w LL m o a o t 2 o 0 E. NS �\ S, \ tl1 N O LL O In M IO N I N uN N . in N O . 0 U) (� nO -O W L 70 O L LLI M H U Q � � O Q m U J E U 0 t6 (u Z a- m O cn LU U d u a a //W/, V/ M a Z Q J W w D F LL Z f ' %/f ILI �r� iiilONE, 1111111111111111 %I` / ��� r��� 1 ,. ♦......1.11...... /` — ■ - ;'�0 ♦1.1.1.1.1.1.1.111111111111111 �/ � ". �i� r I�4� ■ ., d ��0�����i 'i'i'i1i1i1ii'i�ilili�il �!f �f. I�. �. ■ ■ r� �T Na f - I',tt .:- i z <� E s :� mf �`I ■L T •' ■ 0 4L. mAda NNW %/f ILI �r� iiilONE, 1111111111111111 %I` / ��� r��� 1 ,. ♦......1.11...... /` — ■ - ;'�0 ♦1.1.1.1.1.1.1.111111111111111 �/ � ". �i� r I�4� ■ ., d ��0�����i 'i'i'i1i1i1ii'i�ilili�il �!f �f. I�. �. ■ ■ r� �T Na f - I',tt .:- i z <� E s = b 03 °a S °N$ ova JM_ z H3 do °r C) N LL o 0 _ o = a N ' L 'N N ' li i W cn D a.� Z _O W of v Q) O m U LL _� U d Q om a. Ua- qn of ,I .......... iic KA % Z< 8 9 -,� 5c �52 7 MOAF S r =1/i/ =$ 2 LL MOM X111, lxv ro so 4 A fF LD In I O c\l O LLI U) 70 Z o cz LLI t L) 0 C) D co LL CO M n (1) , CO IL 0 E < cz CL A hr 3 • cq C-41 1. I'm Ilk m ncm A and 3MONO3 VIM 1. • r-] • 4 � .11 0 Y z n ~ W L'i z� g Z m z X F lil w to D � p wz 00 U [0 _ N — I LU - Z � yW� C %^) WtltldA 3dSOtld �pvpXEHVIY C7 is PV W '3Atl SS3N9NO3 Z »: o OD O s °s� $ g E .Eo os:o' Ep sib uE e$ �8 5x�° 7 za�5v �5fX5 a SSo° - aE SSs''=ao,`RSN� saw =E" :r Sow P.c9c�� oIIo c « 8° s °? €� S " =cox �� •Sg E,�`° a bsasgo�Yk ,3 b 8- - and s W 9a "bfi §E 0• _ ma it �a sx z -S �.e ` .e zW m - cc° cr $ r 4 4 goo �° Qom C5 -°„ g; €,axsD8xg= It 14 =m : "g a n €50 °•"0• °cX:CkC�8g5oEgg p° $ <� 4a�s °Eixaaaes$s��8 <� ao a< 90s[f VmTIC.Id'FiJVHfI INIVd .LS3M ),3A8ns AVONno9 mf I N011 dla J53O [ID ° \ V dHW SNIGM d0171H EI ^3tl "ocu'saJ.��ossv� Hv- doHos,q 1031oad pxx.Yn o vppY v . °o yl ! a3xp]3Y <pN /p3<aY1B3a U 103 «i'GGI9006X � 3CY BNb'vEY 4.1'81 ]3v !p Y3MY]] lix3x1�0E 8 C HY Y (5314VA M /tl) OtltlA3lf10B 3MtllH1aON l03xil NilrfOi — " — " —— ,.— ..— ..— ..— 3.Y foanlaNlION) _ .. —.. —. —..— 9 — 'A — 3 v1 �ZUN JI r 1I1 o F—r _ u ` �� u _, a •� o I I I 'L IN wrcle 1 w vB - pl ift. to N)III a ° - - - - -- ?''l� �Y� b 111 g q I '' III I'st p A R M a J d _ fig` II I— J.,ar..Ji �n :,]a� si - 111 �; Q-_ I3Ntl100 fl — — — — Tal -- — — — — M•d4CC°CBN �bl�C'K JI _ I �\\ «l II I ^we ,r. rc M 96,2C 411 n � o Mnr a `°' � io ixn i]sari Ifl <I ° aalo T. �� «r kxs WI .ads a� oo Mrm 9 Hilltop Commercial Tract Prepared for Standard Pacific Homes Prepared by. Thompson Consulting, Inc. West Palm Beach, Florida (561) 659 -6068 March 2009 9 Table of Contents Introduction..................................................................................... ..............................1 SiteNicinityAnalysis ...................................................................... ..............................2 LandUse .................................................................................... ..............................2 Roads/Traffic .......................................................... ............................... ................... Demographic Characteristics ......................................................... ..............................4 CommercialRetail Analysis ........................................................... ..............................7 StudyArea .................................................................................. ..............................7 Existing Commercial Space .......................................................... ............................'.8 Approved /In Process Commercial Tracts (un- built) ..................... .............................17 RetailDemand ............................................................................ .............................18 Supply /Demand Comparison ...................................................... .............................20 General Limiting Conditions ............. ............................... 22 Introduction This report presents findings and conclusions relating to the development potential for commercial development on a tract of land located at the northern terminus of Congress Avenue, just north of Northlake Boulevard, within incorporated Palm Beach Gardens, Florida (See site location map). The commercial retail uses which ultimately locate on the subject site will cater to not only the needs of residents within the study area, but also to those already traveling on both Northlake Boulevard and Congress Avenue, once this roadway is extended. Most shopping centers tend to locate on major arterial roadways. The subject site of approximately 23.163 acres is seeking a Commercial land use designation on the Future Land Use Atlas of Palm Beach Gardens, Florida. The current land use designation is RM. The 23.163 acre site will be dedicating right -of -way for Congress Avenue. The net acreage resulting after the right -of -way is dedicated, is 20.68 acres. The maximum yield allowed with a Commercial designation is 630,660 square feet. However, the maximum, realistic yield on the site is approximately 250,000 sq. ft. Overall site visibility and access are excellent. Once Congress Avenue is extended north of Northlake Boulevard, the subject site will have approximately 925 feet of frontage along this arterial roadway. Those general factors affecting the existing and. future market which would support commercial retail development of the subject site, are examined in this study. The City of Palm Beach Gardens requires a supply /demand study when the future land use designation on a tract of land is being changed to a commercial designation from a non- commercial designation. However, the City does not provide specific guidelines relative to the format and content of the study. As such, Palm Beach County's requirements relative to the study /trade area within which an inventory of comparable supply is to be provided for commercial future land use atlas amendments, is used to form the geographic area within which the analysis of supply /demand is performed. The study area equates to a three (3) mile radius of the subject site (just north of the intersection of Northlake Boulevard and Congress Avenue extended — See study area map). J �s DONALD 0 \ m HOOD J Q z PGA � iv `L FZ Z Q_ �- Site Location Q C) fr O BLVD u I L7 FREDERICK Q SMALL r- Q Q 00 RD o Q vi <' Fn Q � RD EE ui CL j BLVD RCA B VD RD BURNS PARK AV \ SILVERBEA RD Q ' F- BLUE BLVD -41 HERON ,� i ..w r1LK BLVD cc ) `_ 45 i H Site/Vicinity Analysis Land Use As indicated in the Introduction section of this report, the subject commercial site is located on the north side of Northlake Boulevard, at the northern terminus of Congress Avenue, within the corporate limits of Palm Beach Gardens, Florida. Surrounding land uses to the subject site include: North: City owned vacant property (P- Public land use & P /1- Public/Institutional zoning - PBG); Seacoast Utility Authority Richard Rd. water treatment plant (U/T- Utilities/Transportation land use & PO- Public Ownership zoning -PBC) South: Various commercial properties (C- Commercial land use & CG- 1- General Commercial zoning -PBG) East: Hilltop Park MHP (HR -12 -High Residential 12 du /ac land use & RH- Residential High zoning - operating under RM- Residential Medium -PBC) West: Commercial center (MXD land use & PUD /MXD zoning -PBG; Lake Catherine Sportsplex (ROS- Recreation & Open Space land use & P /1- Public/Institutional zoning - PBG); Howell Watkins Middle School (P- Public land use & P /1- Public Institutional zoning — PBG) While the subject site is located in the City of Palm Beach Gardens, it is located at the southern boundary of the City's corporate limits. As such, demand /support for the commercial development built on the subject site will not be generated exclusively from residents and workers within Palm Beach Gardens proper. As referenced in the Introduction section of this report, a three (3) mile site radius is used to define the study /trade area within which supply and demand will be examined (consistent with Palm Beach County requirements). After Congress Avenue is extended north of Northlake Boulevard, the subject site will be well - positioned to serve the area of southern Palm Beach Gardens and northern North Palm Beach, Lake Park, and unincorporated Palm Beach County. Roads /Traffic Primary access to the subject site will be via (once it is extended north of Northlake constructed, access and visibility to the si- major arterials. Northlake Boulevard and Congress Avenue Boulevard). After Congress Avenue is will be excellent, as both roadways are Congress Avenue is a major north /south arterial in the County, running from Northlake Boulevard on the north (interrupted at the Palm Beach International Airport) to the Yamato Road (Boca Raton) on the south. Northlake Boulevard is a major east/west arterial in the County, running from Seminole Pratt Whitney Road on the west to U.S. Highway 1 on the east. The table below provides number of lanes and traffic count estimates for Congress Avenue and Northlake Boulevard, in the vicinity of the subject site.* Roadway Laneage Traffic Counts (AADT) Congress Avenue 4 -lane divided (Northlake 23,642 Blvd. to Silver Beach Rd.) Northlake Boulevard 6 -lane divided (1 -95 to 53,168 Congress Ave.) Northlake Boulevard 6 -lane divided (Congress 48,949 Ave. to S. R. 811) ` Source: Palm Beach County Traffic Division, 2008 AADT Demographic Characteristics Demographic characteristics data, as well as housing and income data related to the resident population of the primary study area (generally defined as a three /3 mile site radius) are included in Exhibit 1. A bullet comparison of those characteristics within the study area to those of Palm Beach County, is included below: The 2009 base year population in the study area is estimated to be 108,421 residents (an increase of 8% since 2000). An estimated 122,380 residents are projected by the year 2015. By the year 2025 (projection horizon of the Palm Beach County Metropolitan Planning Organization /MPO for population by traffic analysis zone/TAZ) an estimated 134,924 residents are projected. The population increase to the year 2025 represents a 24% increase from 2009. • Within the study area, the resident population is slightly younger than that which is the case countywide, as indicated by the median age estimate (42.2 years -SA vs. 44.7 -Palm Beach County). The age differential is projected to decrease by the year 2015, with the study area median to be 43.2 while the county's is to be 44.7. • 24.1 % of the resident population in the study area is in the 0 -19 year age group. This is greater than that found countywide in the same age group (22.4 %). In the over 65 year age group, the study area has a lower percentage than is the case countywide (18.5 % -SA vs. 23.1% -Palm Beach County). • Within the study area, average household size is 2.39, comparable to that which is the case countywide (2.39). • These age group and household size statistics support the observation that the study area is comprised of younger, comparably sized households to that found countywide. • A smaller proportion of total households in the study area are comprised of owner - occupied units than is the case within the county as a whole (68.0 % -SA vs. 77.0% - Palm Beach County). • The estimated median household income within the study area is approximately 13% lower than that found countywide ($52,243 -SA vs. $59,264 -Palm Beach County). Source: 2000 Censuses; ESRI, Inc.; Palm Beach County Planning Division; Palm Beach County Metropolitan Planning Organization; University of Florida Bureau of Economic and Business Research; Thompson Consulting, Inc. Exhibit 1 - Summary of Demographic Characteristics (Study Area) Characteristic 2005 2009 2015 Total Persons 100,223 108,421 122,380 Average H.H. Size 2.35 2.39 2.40 Households ( °�) Owner Occup. 67.0 68.0 67.0 Renter Occup. 33.0 32.0 33.0 Age Distribution ( %) 0-19 25.7 24.1 23.1 20-24 4.8 6.2 6.6 25-44 28.0 23.4 22.3 45-64 23.6 27.8 28.9 65+ 17.9 18.5 19.1 Median Age (Years) 39.6 42.2 43.2 H.H Income ( %) < $24,999 29.1 22.7 18.5 $25;000-$34,999 14.1 9.7 7.8 $35,000-$49,999 15.8 15.4 10.6 $50,000-$74,999 17.8 19.3 23.4 $75,000-$99,999 9.5 12.8 12.8 $100,000 - $149,999 7.3 10.5 14.3 $150,000-$199,999 1.9 3.4 4.1 $200,000+ 4.5 6.2 8.5 Median H.H. Inc. ($) 40,774 52,243 63,772 Total Persons (Yr. 2010) 110,471 NA NA Total Persons (Yr. 2020) 128,499 NA NA Total Persons (Yr. 2025) 134,924 NA NA Source: 2000 Census; ESRI, Inc.; P.B. County Metropolitan Planning Organization; Palm Beach County Planning Division Exhibit 2 - Summary of Demographic Characteristics (Palm Beach County) Characteristic 2005 2009 2015 Total Persons 1,131,184 1,326,200 1,450,560 Average H. H. Size 2.34 2.39 2.40 Households ( %) Owner Occup. 75.0 77.0 76.0 Renter Occup. 25.0 23.0 24.0 Age Distribution ( %) 0 -19 23.4 22.4 21.8 20-24 4.5 5.1 5.3 25-44 27.0 22.8 21.5 45-64 22.1 26.6 28.1 65+ 23.0 23.1 23.4 Median Age (Years) 41.8 44.7 46.0 H.H Income (%) < $24,999 25.8 18.5 14.9 $25.000-$34,999 12.7 9.1 6.9 $35, 000 -$49, 999 16.2 14.1 9.7 $50,000-$74,999 18.9 19.9 23.1 $75,000-$99,999 10.1 14.1 13.3 $100,000- $149,999 8.7 12.4 15.8 $150,000 - $199,999 3.0 4.5 5.8 $200,000+ 4.6 7.4 10.5 Median H.H. Inc. ($) 45,062 59,264 69,525 Total Persons (Yr. 2010) 1,375,200 NA NA Total Persons (Yr. 2020) 1,630,100 NA NA Total Persons (Yr. 2020) 1,756,300 NA NA Source: 2000 Census; ESRI, Inc.; P.B. County Metropolitan Planning Organization; Palm Beach County Planning Division Commercial Retail Analysis Study Area The commercial retail space that develops at the subject site should capture a share of existing as well as new purchasing power in an area geographically comprised of southern Palm Beach Gardens, northern North Palm Beach and Lake Park as well as northern Riviera Beach and unincorporated areas of Palm Beach County, interspersed therewith. As indicated in the Introduction Section, the commercial retail space which ultimately develops on the subject site of 20.683+ net acres will be approximately 250,000 square feet. Supply is addressed by locating and surveying -the existing inventory of commercial retail space within the study area, as well as approved /in process commercial sites (un- built) within a three (3) mile radius of the subject site. (See commercial space map) PGA LLJ Y ck- z W- DONALD z Ld low V) Study Area 0 (3 mile iradius) BLVD 11 it � 7B L U FREDERICK SMALL ROSS RD -ALK BLV CJC 5111 1 �4i 00 c U) LLJ (10 Lr) BLVD RCA B VD BURNS PARK AV SILVERBEA BLVD HERON -ALK BLV CJC 5111 1 �4i FREDERICK Q SMALL Q J DONALD ROSS RD > 00 \ m C� HOOD Commercial Space / (study area) / a z PGA id L 1,2,3 a. z Q- a 0 Cf 0 BLVD � 98 91 86 `5.. cr CD B Q . 103 y BLV rill J ,►L 45TH 2; 33 84 RD LL- E :. 23 24 0 - - 25 21, 22 a- 26 7 BLVD 19 18,17,16 20 9 10211 12,13, 4,5 6 8 A 14,15 99 BURNS go 27,28 y �' 29 . 100 .77 ' 35 78 30 . 93 56 54 79 A. 57 101 55 52 ;: 51 ` 37 -50 36 59,60 62 -66 :: 68170 �.; 72 -75 F 76 ,61 69 71 PARK 31 95 96 102 : g7• 81,82,83 EA H.. Q .- 97 92 RD 34 Q yz \ • \ F BLUE 90� 89 . 8 c 6LVp HERON 85 98 91 86 `5.. cr CD B Q . 103 y BLV rill J ,►L 45TH 2; 33 84 Exhibit 3 - Existing Commercial Retail Space (Within 3.0 Mile Study Area Radius) Map Name Location Estim. Size Estim. Non- Estim. Vac. Ref. # (sq. ft.) Retail (sq. ft.) (sq. ft.) 1 PGA SEC -PGA Bi. /Central 30,260 11,032 2,000 Commons BI. West 2 PGA S. side PGA BI./E. of 45,730 31,185 4,000 Commons Central BI. Central 3 PGA S. side PGA BIAN. of 39,975 9,710 0 Commons East Military Tr. 4 Midtown N. side PGA BI./W. of 159,410 75,435 47,825 Military Tr. 5 Gardens Sq. NWC — PGA BI./ 113,000 3,900 900 Military Tr. 6 Shell Gas NEC — PGA BI./ 1,200 0 0 Military Tr. 7 CVS NEC+ - PGA BI./ 15,000 0 0 Military Tr. 8 Old SEQ — PGA BI./I -95 100,000 5,000 60,000 Loehmann's Plaza 9 Legacy Place S. side PGA BI./E. of 468,000 69,000 45,000 Alt. A1A 10 Toys R Us S. side PGA BI./E. of 36,890 36,890 0 Alt. A1A 11 PGA Plaza SWC PGA BI./ 93,000 6,500 4,500 Prosperity Farms Rd. 12 Sunoco SEC — PGA BI./ 2,100 0 0 Prosperity Farms Rd. 13 Prosperity S. side PGA BI./E. of 120,400 0 12,000 Centre Prosperity Farms Rd. 14 Waterway SWQ — PGA BI./ 8,760 0 0 Rest. /Bar Intracoastal Waterway 15 Panama SEQ — PGA BI./ 5,555 0 0 Hatties Intracoastal Waterway Rest. /Bar 16 Season's 54 NEQ — PGA BI./ 18,600 0 0 Intracoastal Waterway 17 River House NWQ — PGA BI./ 10,350 0 0 Restaurant Intracoastal Waterway 18 Harbour NEC — PGA BI./ 119,250 104,250 3,000 (office) Financial Ctr. Prosperity Farms Rd. 19 Eagle Cleaners N. side PGA BI./W. of 2,100 0 0 Prosperity Farms Rd. 20 Shoppes at NEC — PGA BI. /U.S. 111,355• 0 (got incl.) 0 Oakbrook Sq. Highway 1 21 Downtown at N. side PGA BI. /E. of 314,435 20,000 60,000 the Gardens Alt. A1A 22 Gardens of the N. side PGA BI./E. of 0 55,000 Palm Beaches Alt. A1A 23 Eloquence W. side US Highway 6,800 0 0 Jewelry; 1 /N. of PGA BI. Empire Liq.; Sunniland Patio, etc.. 24 City Mattress; W. side US Highway 14,000 2,000 0 3rd Federal; 1 /N. of PGA BI. Essencia Spa 25 Limoncello W. side US Highway 2,500 0 0 Italian Grille 1 /N. of PGA BI. 26 Oaktree Plaza W. side US Highway 76,425 30,570 30,570 1/N. PGA 131. 27 BP W. side US Highway 1,000 0 0 1 /S. of PGA BI. 28 Old Winn -Dixie W. side US Highway 106,000 0 60,000 Mr. 1 /S. of PGA BL 29 Crystal Tree W. side US Highway 115,000 85,000 2000 Plaza 1 /S. of PGA BI. 30 Mondo's Rest.; W. side US Highway 1, 20,500 0 5,000 Ruth Chris; N. of Northlake BI. DeCesare's; Day Spa /Ddcor; Pk. Ave. BBQ; 7- 11 /Gas 31 C'est Bon; W. side US Highway 44,350 0 0 Meineke; Trim 1 /Between Northlake Fabrics; Boca BI. & Blue Heron BI. Bargoons; Mullet Sq.; Carving St.; Pelican Cafe; Sherwin Williams; Rabalo Pharm.; Valero Gas; Pit Stop Gas; Schooner Lounge; Stop N Go; Betty Ann's Bar & Grill; Broadway Cl.; Dairy Belle; Chinese Rest. 32 Walgreens SWC — US Highway 15,000 0 0 1 /Blue Heron Bl. 33 BP SEC — US Highway 900 0 0 1 /Blue Heron Bl. 34 Strip PI.; El E. side U.S. Highway 183,600 8,100 2,400 Colonial Rest.; 1 /Between Northlake Ocean's Blow; BI. & Blue Heron BI. 120 Plaza; Brass Ring Pub; Vacuums; lsl. PI.; W/D Ctr.; D. Donut; Cafe; Lk. Pk. Shoppes; Papa Johns 35 Mattress Firm; E. side US Highway 49,100 0 0 Village Sq. PI.; 1 /Between Northlake Baer's Furn.; BI. & PGA BI. Pelican Car Wash; Dry Cl.; Paris in Town; La Bamba Rest.; Sunoco; 7 -11; Wendys 36 Rex & Rex N. side Northlake 41,765 0 0 Rugs + Furn. BI./W. of US Highway 1 37 Northlake N. side Northlake 15,890 0 0 Center BI./W. of US Highway 1 38 Hardware & N. side Northlake 7,700 0 0 Home Impr. BI./W. of US Highway 1 39 Mixed Retail + N. side Northlake 10,000 5,000 0 Office BI./W. of US Highway 1 40 Nonna Maria N. side Northlake 1,750 0 0 Restaurant BI./W. of US Highway 1 41 Firestone; N. side Northlake 11,500 0 2,000 Southwind Pl. BI./W. of US Highway 1 42 WashaRama N. side Northlake 54,600 800 BI. /Between US Highway 1 & Prosp. Farms Rd. 43 Lott Bros. N. side Northlake BI./ 4,310 0 0 Between US Highway 1 & Prosp. Farms Rd. 44 Cameras N. side Northlake 6,925 0 0 Bl. /Between US Highway 1 & Prosp. Farms Rd. 45 Northlake Auto N. side Northlake BI./ 3,290 0 0 Spa Between US Highway 1 & Prosp. Farms Rd. 46 Nebraska N. side Northlake 4,060 0 0 Meat; Fitness; BI. /Between US Hair; Dog Highway 1 & Prosp. Groom Farms Rd. 47 Pinch A Penny; N. side Northlake BI./ 5,095 0 0 Cleaners Between US Highway 1 & Prosp. Farms Rd. 48 Tulipan Bakery N. side Northlake BI./ 2,190 0 0 Between US Highway 1 & Prosp. Farms Rd. 49 Strip Center N. side Northlake BI./ 20,000 4,000 2,000 Between US Highway 1 & Prosp. Farms Rd. 50 Chevron NEC — Northlake BI./ 11,160 0 0 Prosp. Farms Rd. 51 Burger King; N. side Northlake BI./ 44,060 0 3,000 Polio Trop.; Between Alt. A1A & Jiffy Lube & Congress Ave. Tilden; Payless; Subs; Texaco; Island Club 52 Applebee's; N. side Northlake BI./ 88,645 0 0 McD; Pep Between Alt. A1A & Boys; Congress Ave.. Quarterdeck Rest.; Shell; Edwin Watts; Capitol Lighting; 53 Sunoco NWQ — Northlake BI./ 800 0 0 1 -95 54 ABC Liquor NEC Northlake BI./ 5,500 0 0 Keating Dr. (E. of Mil. Tr.) 55 Disc. Auto; NWC Northlake BI./ 15,380 0 0 Mobil; Strip Keating Dr. (E. of Mil. Center Tr.) 56 North Mil Plaza NEC — Northlake BI./ 91,375 6,000 54,000 Military Tr. Villa Palma N. side Northlake BI./ 25,000 0 0 157 Plaza W. of Military Tr. 58 Shell SWC — Northlake BI./ 3,000 0 0 Military Tr. 59 Gardens Park SEC Northlake BI./ 108,000 31000 13,150 Plaza Military Tr. 60 Gardens Town S_ side Northlake BI./ 160,000 8,200 0 Square E. of Military Tr. (W. of 1 -95) 12 61 Dive Shop SWQ — Northlake BI./ 10,000 0 0 1 -95 62 Northlake SEQ — Northlake BIJ 250,000 1,200 20,000 Commons 1 -95 63 Checkers; S. side Northlake BI./ 17,950 0 17,225 World of Furn. E. of 1 -95 64 Sports S. side Northlake BI./ 42,985 0 0 Authority E. of 1 -95 65 Costco S. side Northlake BI./ 127,900 0 0 E. of 1 -95 66 Northlake S. side Northlake BI./ 198,000 0 0 Square E. of 1 -95 67 Wal Mart S NWC Silver Beach Rd./ 216,200 0 0 Sonic Congress Ave. (S. of Northlake BI.) 68 Target SEC — Northlake BI./ 179,200 0 0 Congress Ave. E Kohl's E. side Congress Ave./ 73,135 0 0 S. of Northlake Bl. 70 The Plaza at S. side Northlake BI./ 155,200 0 0 Lake Park E. of Congress Ave. 71 Auto Care SWC Northlake Bl. /Alt. 2,000 0 0 A1A [72 BP SEC - Northlake BI./AIL 900 0 0 A1A 73 Cardello's SEC+ - Northlake BI./ 67,465 0 0 Plaza Alt. A1A (10th St.) 74 Miami Subs; S. side Northlake BI./ 16,000 0 3,000 Colonial E. of Alt. A1A Village 75 Midas; Step -In S. side Northlake BI./ 54,240 6,000 0 Food; Between Alt. Al & US Dockside Grill; Highway 1 Porter Paint; Strip Ctr.; Spa; Stone /Marble; M. Antoinette's Fum.; Goodyear; NL Plaza 76 Northlake SWC+ — Northlake BI./ 183,930 6,500 51,500 Promenade US Highway 1 Shoppes & Village Shoppes 77 Sunoco SEC Lighthouse Dr./ 1,300 0 0 Alt. A1A 78 Promenade NEC —Alt. A1A/ 203,000 4,200 30,000 Shopping Lighthouse Dr. Plaza 79 Tavern Tracks W. side Alt. A1A/ N. of 13,800 0 1,100 Bar /Grill; Lou's Northlake BI. Dry Cl.; Quick Stop; Oak 'PI. 80 Cinderella Cl.; W. side Alt. Al (10th 6,645 0 0 Pronti's Ital. St.) /S. of Northlake BI. Kitchen 81 Lake Park W. side 10th St. /S. of 10,300 0 0 Bicycles; Northlake BI. & N. of Valero Gas; Park Ave. Advance Auto 82 Rosita's Fresh S. side Park Ave. /E. of 15,890 0 0 Market; Easel 10th St. & W. of US Art; Saigon Highway 1 Market; Floribean Rest. 83 Kelsey Market; NWC — 9" St. /Park 20,000 2,500 1,000 Salon; Bar; Ave.,000 Soul Food; Pizza 14 84 Coin Laundry; S. side Blue Heron BI./ 22,800 2,000 0 Down Low Bar/ Between Intracoastal Grill; Grand Waterway & US Slam Fishing; Highway 1 Force E Scuba 85 Inlet Liquors/ N. side Blue Heron 20,000 5,000 0 Bar; Strip BI./Between Center /Church Intracoastal Waterway & US Highway 1 86 Citgo; Royal's S. side Blue Heron BI./ 61,450 1,200 0 Gas; Strip; Between US Highway KFC; World 1 & 1 -95 Decor; BP; 187 Chevron; NWC — Blue Heron BI./ 2,700 0 0 Popeyes Old Dixie Hwy. 88 Walgreens NEC Blue Heron BI./ 15,000 0 0 Congress Ave. 89 Citgo; N. side Blue Heron BI./ 9,000 0 0 Quizno's; D. E. of Congress Ave. Donut; Laundromat 90 Wendy's; Shell N. side Blue Heron BI./ 5,500 0 0 Between Garden Rd. &. 1 -95 91 All Lube; Auto S. side Blue Heron BI./ 17,400 0 0 Svc./Transm. W. of 1 -95 92 Center Point S. side Blue Heron BI./ 13,000 0 0 Retail (Mobil; W. of 1 -95 Denny's; McD; Race Trac 93 Sunny Plaza W. side Military TON. 31,000 61200 900 of PGA BI. 94 Chevron NWC — Northlake BI./ 3,400 0 0 Military Tr. 95 C &D Produce W. side Military TO 10,000 31000 0 Between Northlake BI. & Beeline Hwy. 96 Strip Center; W. side Military TO 12,100 0 0 Discount Bev. Between Northlake BI. & Beeline Hwy. Ii 97 BP W. side Military TON. 3,600 0 0 of Beeline Hwy. 98 Dolphin Tire W. side Military TON. 5,500 0 0 of Beeline Hwy. 99 Abbey Road E. side Military TOS. of 33,000 13,500 0 Plaza PGA BI. 100 Couture Care E. side Military Tr. /S. of 10,000 3,000 0 Center PGA BI. 101 BP Gas NEC — Northlake BI./ 3,000 0 0 Military Tr. 102 Golf Center E. side Military Tr./ 30,000 0 0 Between Northlake BI. & Blue Heron Bl. 103 Strip Center E. side Military TON. of 18,000 0 10,000 Blue Heron BI. 104 Texaco; NEC — Blue Heron BU 3,500 0 0 Blimpie Military Tr. Total 6,738,530 1 609,072 603,870 Source: Field survey and research by Thompson Consulting, Inc., 2009 Ilm Exhibit 4 - Approved /In Process Commercial Tracts (Un- built) (Within 3.0 Mile Study Area Radius) Map Site /Location Size Ref. (S.f.) A Northlake Promenade /SWC — Northlake BI. & US 77,345 Highway 1 B Point West/W. side Military Tr., Between Blue Heron Bt. & 8,000 Beeline Hwy. Total 85,345 17 Retail Demand An estimate and projections of demand for commercial retail uses within the study area are presented in Exhibit 5. The aggregate commercial retail space per capita multiplier of 78 square feet was derived from Department of Revenue /DOR data related to sales by retail category, factoring in average sales per square foot in all center types (neighborhood, community, super - community /regional and super - regional) which include stores conforming with the same retail categories used by the DOR for Palm Beach County.* Supportable space figure estimates were prepared using 2009, 2015 and 2025 (time frame of the County's population projections by traffic analysis zones/TAZs) population estimates and projections within the study area, of 108,421, 122,380 and 134,924, respectively. From Exhibit 5, it is estimated that retail spending patterns within the study area can support a total of 8,456,838 square feet± of commercial retail space in base year 2009, 9,545,640 square feet± by the year 2015 and 10,524,072 square feet+ by the year 2025 (time frame of the County TAZ population projections). • Retail space per capita multiplier is derived from dollars spent per person in Palm Beach County (i.e., total dollars spent in given year divided by the total population in county in same year) and dollars spent per square foot of retail space (median) as report by the Urban Land Institute (Dollars and Cents of Shopping Centers); • Note: Although total retail sales in Palm Beach County are generated by more than just residents of the county (e.g., tourists, visiting relatives, those in county on business, etc.), the $ volume is expressed at $ /person to enable a mathematical comparison to $ /s.f., resulting in s.f. /person 19 Exhibit 5 - Retail Space Demand (Study Area) ESTIMATE OF SUPPORTABLE RETAIL SPACE GENERATED BY SPENDING PATTERNS Retail Estim. 2009 2015 2025 Categories* Demand/ Demand (s.f.) Demand (s.f.) Demand (s.f.) Capita (s.f.) TOTAL 78.0 8,456,838 9,545,640 101524,072 ' Comprised of the following retail use types: Food: Grocery stores; meat /poultry/seafood markets; vegetables/fruit markets; bakeries; delicatessens; candy; confectionery; sundries Eating /Drinking: Restaurants; cafeterias; catering services; taverns; night clubs; bars and liquor stores General Merchandise: Discount dept. and dept. stores; variety stores; dry goods Apparel: Clothing stores; alterations; shoe stores Drug /Pharmacy: Drug stores; pharmacies /apothecaries Fumiture /Appliances; Furniture stores (new and used); household appliances; dinnerware, etc.; music stores; radio, television, record/CD /DVD stores and electronic /computer supplies Lumber /Hardware: Hardware; paint; light machinery;; bicycle shops; decorating /painting /papering /drapery; lumber /building materials; fabrication/sales of windows, doors, cabinets, etc. Automotive: Auto accessories, tires, parts, auto A /C, service /repair, etc. Gasoline /Convenience: Gas stations and convenience store, car wash, etc. Cinema /Admissions: Movie theaters; arcades; skate parks, etc. Other: Second hand stores; antique shops; storeloffice equipment; dollar stores; barberibeauty shops; cosmetics; gyms; book stores; dry cleaning /laundry; tobacco shops; florists, gifts; cards; novelty, hobby, stationery & toy stores; magazines, post cards, brochures; photo and art equipment and supplies, art galleries, etc. Source: Retail sales and use tax business classification; Florida Department of Revenue and Bureau of Economic and Business Research, University of Florida (year -end retail sales for Palm Beach County); Dollars and Cents of Shopping Center, The Urban Land institute; Palm Beach County Population Data (by TAZ) 19 Supply /Demand Comparison Comparing existing commercial retail space within the study area of 6,738,530 square feet to the 2009 estimated demand of 8,456,838 square feet, indicates an estimated demand overhang /supply deficit approximately 1,718,308 square feet. A comparison of total supply of 6,823,875 square feet (existing, approved /in process commercial tracts which are un- built, not including the subject site) to the year 2009 estimated demand of 8,456,838 square feet, indicates an estimated demand overhang /supply deficit of 1,632,963 square feet. These statistics indicate that sufficient demand potential exists in the study area to support the additional commercial retail space which could be accommodated on the subject site. The overall vacancy rate of 9% within the 3.0 mile study area radius, is considered favorable as 5% is usually indicative of pent -up demand and full occupancy. This is due to tenants moving in and out, resulting in some space being unoccupied at any given time to allow for tenant improvements /changes to be made. 20 Exhibit 6 - Commercial Retail Space Demand vs. Supply (Within a 3.0 Mile Study Area Radius) Time Frame Estimated Demand For Space (sq. ft.) (1) Estimated Supply Of Space (sq. ft.) (2) Supply Deficit ( +) Supply Surplus ( -) (3) 2009 8,456,838 6,738,530 1,718,308 ( -) 2015 9,545,640 6,823,875 2,721,765 ( -) 2025 10,524,072 6,823,875 3,700,197 ( -) Source: Thompson Consulting, Inc., 2009 (1) Demand: Estimated supportable commercial retail space (square feet) (2) Supply: Estimated existing and un -built commercial tracts (3) Supply Deficit ( +) = Estimated additional supportable commercial retail space within a 3.0 mile study area radius, using methodology employed herein; Supply Surplus ( -) = Estimated surplus of commercial retail space (non - supportable) within a 3.0 mile study area radius, using methodology employed herein ,l GENERAL LIMITING CONDITIONS Every effort has been made to insure this report contains the most accurate and timely information possible, which is believed to be reliable. However, no responsibility is assumed for inaccuracies in reporting by developer, developer's agents or any other sources. Contractual obligations do not include access to or ownership transfer of any electronic data processing files, programs or models completed directly for or as a by- product of this research effort. This report may not be used for any purpose other than for which it is prepared, except by owner /developer. Possession of this report does not carry with it the right of publication and its contents shall not be disseminated to the public through advertising media, sales media, or any other public means of communication without prior written consent and approval of Thompson Consulting, Inc. 22 HILLTOP COMMERCIAL COMPREHEMSIVE PLAN AMENDMENT TRAMSPORTATIOM ANALYSIS Prepared for STANDARD PACIFIC HOMES PINDER TROUTMAN CONSULTING, INC. Certificate of Authorisation Number: 7989 5114 Okeechobee Boulevard, Suite 210 West Palm Beach, FL 33417 (561 ) 296 -9698 #PTC09 -010 March 12, 2009 Revised April 15, 2009 vrc- HILLTOP COMMERCIAL COMPREHENSIVE PLAN AMENDMENT TRANSPORTATION ANALYSIS INTRODUCTION It is proposed to change the land use designation from Residential Medium (RM) to Commercial (C) on a site located in the City of Palm Beach Gardens. The 26.163 acre site is located along the Congress Avenue extension north of Northlake Boulevard. Access to the site will be via driveway connections to the Congress Avenue extension. The purpose of this analysis is to determine if the proposed land use designations are consistent with the Transportation Element of the City of Palm Beach Gardens Comprehensive Plan. The Comprehensive Plan requires an analysis of existing traffic conditions, traffic conditions in 5 years (Test 2) and Year 2025 conditions. SITE DATA The Comprehensive Plan assigns a maximum intensity to the Residential and Commercial land use designations. This scenario is required to be analyzed along with the proposed development plan. The land use scenarios are as follows: EXISTING LAND USE DESIGNATION PROPOSED LAND USE DESIGNATION Residential (RM) Commercial (C) Proposed Maximum Intensity Maximum Intensity Development Plan 208 DUs 706,286 5F Retail 250,000 SF Retail -OR- 1,412,572 SF Office TRANSPORTATION ELEMENT Trip Generation Palm Beach County and the Institute of Transportation Engineers (ITE), T Report 09 -010 4 -15 -U9 Generation, 2' Edition, were the sources of trip generation data utilized in this study. Daily trips generated by the existing land use designation, proposed land use designation at maximum intensity and proposed development plan are shown on Exhibit 1A. This data is used for the Existing (2008) and Year 2025 analysis. Based on the maximum net daily trip generation of 17,814, a four mile radius is required to be analyzed for the maximum intensity. Based on the proposed development plan's net daily trip generation of 6,989, a two mile radius is required to be analyzed. Exhibits 1 B and 1 C provide the AM and PM peak hour trip generation data. For the Test 2 analysis, credit is given for any uses on the site within the last five years. Therefore, Exhibits 1 D and1 E are provided, showing credit for the 151 mobile homes that occupied the site within the last five years. The Test 2 radius of development influence is four miles for the maximum intensity based on the new 1,771 PM peak hour trips generated. Based on the proposed development plan's 710 PM peak hour trips ' generated, the Test 2 radius is three miles. Trip Distribution and Assignment In order to determine the impact of the proposed development's traffic on the surrounding roadway network, a directional distribution was developed based upon estimated area travel patterns associated with the project. Exhibit 2 provides the resultant project traffic distribution. Exhibits 3A and 3B provide the net daily trip assignments as well as the volume to capacity (v /c) ratios and project impact percentage for the maximum intensity and proposed development plan, respectively. Several roadway links are significantly impacted. Existing Traffic Conditions Existing (2008) 24 hour peak season daily traffic volumes provided by the Palm Beach County Traffic Division were reviewed. Traffic count data is provided in Appendix A. Existing plus proposed project daily traffic volumes and levels of service are shown on Exhibits 4A and 4B for the roadway links within the radius of development influence for the maximum intensity and proposed development plan, is respectively. For the maximum intensity scenario, there are four significantly impacted links that do not meet the level of service standard. However, for the proposed development plan, all significantly impacted roadway links meet the adopted level of service standards. Report 09 -010 4 -15 -09 2 Roadway Improvements The Transportation Improvement Program from the MPO of Palm Beach County and the Palm Beach County Five Year Road Program were reviewed to determine if any roadways within the study area are scheduled to be improved. Beeline Highway (Martin Luther King Jr. Boulevard) has two scheduled four - laning projects in 2012: from Australian Avenue to Old Dixie Highway and from Congress Avenue to Australian Avenue. See Appendix B. Test 2 (Five Year Analysis) In projecting Year 2013 traffic conditions, historic growth trends and committed development data must be analyzed. Traffic counts and historic growth data are provided in Appendix A. The majority of roadway link growth rates are negative. Therefore, a 1 %growth rate was used. Committed development data is provided in Appendix B. Test 2 examines traffic conditions at the end of the fifth year of the FDOT Five Year Transportation Improvement Program. A Test 2 analysis is required for any roadway link within the radius of development influence where the project impact is greater than 3% of LOS E and outside the radius where the project impact is greater than 5% of LOS E. As shown on Exhibit 5A, there are eleven roadway links that are significantly impacted for the maximum intensity scenario. For the proposed development plan, there are five roadway links significantly impacted, as shown on Exhibit 5B. Exhibit 6A shows that four of the impacted links are not projected to meet adopted level of service standards in the PM peak hour for the maximum intensity scenario. Exhibit 66 shows that two of the impacted links are not projected to meet adopted level of service standards in the PM peak hour for the proposed development plan. Therefore, Optional Analyses were examined for these links. Exhibits 7A and 7B provide the PM peak hour directional analysis, Optional Analysis i, for the analyzed 10 links for the maximum intensity scenario and proposed development plan, respectively. Two links on Exhibit 7A and one link on Exhibit 7B do not meet the Optional Analysis i standard. Therefore, Optional Analysis ii is required for these links. Report 09 -070 4 -75 -09 3 Exhibits 8A and 8B provide the Optional Analysis ii for the maximum intensity scenario and proposed development plan, respectively. The link of Congress Avenue from Silver Beach Road to Northlake Boulevard does not meet the Optional Analysis ii standard for the maximum intensity scenario. The other links meet the standard. The intersections at each end of the analyzed links were analyzed and are summarized on Exhibit 9 and provided in Appendix C. Since only one intersection is projected to meet the adopted standards for the maximum intensity scenario, the two links on Exhibit 8A do not meet the Test 2 requirements. However, both intersections meet the adopted standards for the proposed development plan. Therefore, the proposed development plan meets the Test 2 requirements. Year 2025 Analysis Exhibits 10A and 10B show Year 2025 traffic conditions for the significantly impacted links for the maximum intensity scenario and the proposed development plan, respectively. Year 2025 net project traffic is total external traffic generated by the proposed land use designation, less traffic generated by the existing land use designation. For the Year 2025 analysis, roadway lanes and traffic volumes were obtained from the Metropolitan Planning Organization (MPO) staff and are provided in Appendix D. Peak season factors are also provided in Appendix D. For the maximum intensity scenario, three roadway links are not projected to meet the adopted daily standards. All analyzed roadway links are projected to meet the adopted daily standards for the proposed development plan. SUMMARY /CONCLUSIONS Exhibit 11 provides a summary of the two scenarios analyzed and the roadway links projected to exceed the adopted level of service standards. While there are several roadways not expected to meet the standards for the maximum intensity scenario, the proposed development plan meets the adopted standards. Therefore, this analysis shows that the proposed land use designation is consistent with the Transportation Element of the Comprehensive Plan with a condition that the site be developed at the proposed intensity. Report 09 -010 4 -15 -09 4 EXHIBITS �Q N � M Q e Q O .5 A s a E 0 u C 0 L d O u c �« E v Ev o a U •� A w �:- XT a C eE a c a� E O d O 0 a. c v c y Z 0- T� O y y CL 0. •� GO co M M M M r r N N CL H Tv C 6! W n v � d N � X C C O J � O C7 II H F.. J LL lL V7 U7 .y 0 O C O O V1 u1 N N r u d y Z) V C 'ti H O iy .a i iV C d Z vi N U N r1 t0 r1 � N `1 U 07 � ro ri V� N ..I N C N D m ry y X m LL V j 0 c J m M a 0 0 m m N Pl d U A M N N AD m U 0 M r 0 A m C r 4 r e o 4 �b c A d E 0 V 41 C 0 A CL E V C 0 A C d l�J � a r E ° m V � !' CL d oaSj W Z Q C A d E 0 -o H 0 O a c 0 v W L n C O .q d C W U w H C W C O 42 8- G A f- 0 7 N Qi L. .D A C O v L U 10 O/ m E a 5 W U A N � oro � v U N .0 E N b N y X %6 b `y U J 7 0 0 II m a m m N v o e .- R a+ 0 c ro CL CL E 0 v r- 0 X .I. d O u c Q c d fd D. 'u 'C V CU u cO 2 � U � ►u 2 d C tv CL C E O d 0 d H 0 a d c 0 v W L L n C C C N U a r` w w v c c H W 0! C V tO� � C - (h C N A H w o u O -0 C C CD t 00 C tO C 7 u E L lL V A._ m 7 E � d o A m N N `1 u M N N Au .O N X OD u o M 0 A m .r.. ry ?' e � a � 4 0 r, b c A a E 0 U c O H a E 0 v c O V a� c � a 'U L E E_ V r+ CL M N d x GO H H W co N LM T n 0+ erf H fQ L u c C CL. C E _O d y O O a` a r n n O� 4J N f0 QJ 1 u c w v L rt b M N 0 N N .O N yX OD A U rnO rn O g � s �* O 4 FL .5 c E co of ,0l 11 co rl, fn II M Ln In Ln Ln C 0 O N co co ILn Ln C u1 ►n CO N C O O N + C x r� t^ O II O n N M N M 0J H u c 0 a a L n C O d c U a H W H N C 6b C W C ryO CO Cl N C N `o u_ ry Qj �i C � O � N X o v u 0 U L1 m� E Ln N � L o ,� m N 01, ' r- N Ln e0 Ln O A � r �--� r U1 AL � � 1� h ,a M d d Z Ln r C N N M C — Op co CO U M -. � 0p r ° .0 v H N O O fa u9 n to n O N N N N N G' V i M co M c y i e0 7 a. r c = L N N Z C O O N O r "d. rn M .i Q- O + H ; E O 0J w CU C �D o w 0 %0 O C D C J O n N M N M 0J H u c 0 a a L n C O d c U a H W H N C 6b C W C ryO CO Cl N C N `o u_ ry Qj �i C � O � N X o v u 0 U L1 m� E Ln N � L o ,� m N N •A .y d •C d C Ln r C �D CO U ° O O lu ~ O C G' V tw •y V a. D = .i Q- C H ; E O 0J w CJ o '3 C D An O LO) - '� O =a Uu 0O a ) O a O n N M N M 0J H u c 0 a a L n C O d c U a H W H N C 6b C W C ryO CO Cl N C N `o u_ ry Qj �i C � O � N X o v u 0 U L1 m� E Ln N � L o ,� m N ' O HILLTOP COMMERCIAL EXHIBIT 2 PROJECT TRAFFIC DISTRIBUTION N.T.S. 3% 3/9/09 09 -010 ml� P � o C Q LM N O N C C A � •cy Q C A M U F- «. a W ft ? P- O O c O c O c O c O c O c O c O c O c O c O c O c O c O c} w y�j y�j w 0 c 0 c 0 c} y�j y-j 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 e 0 c 0 c 0 c 0 c E y >, V1 M Vl 0 01 p� 10 10 10 10 �? 0, ,0 1n n N O, V1 n V 0, N Q� N M N T R N ,D S H E m. r r O O r O r m O O r r v1 O O r r 7 m r r N ,n ,D 10, m 7 01 N r N m N 0+ 10 m KM m N � O m r m g r n O ,D r n O 0 O 0 r In 0 n 0 M 0 O O 01 m N ,0 n P I C n 0� O) LA M O ,n O v1 O 0, r m m p 0 M O, m Q, n .n n 0, m O m 0 O M< 0. M O a0 ,O v n n O u1 01 01 r m O r r O b 0 0 0 0 0 0 r r O r 0 0 0 0 0 0 0 0 r r O O r O 0 0 0 0 r 0 M r O ,n K c m a0 n O m O a0 n 10 O 10 O n Go M a0 M m n O a0 M O ao OD �n C+ M O O+ %D ,0 O Q c0 ,O ,O of m N 0 m O M 0 n N N 7 Q1 ,0 n r O, y' N N N 1D O O N 0, C V m ap m GGG O, aD v1 01 v1 ch %D 7 m O N N 0 m O n O P a D v1 7 M O O ,n m 10 m a ,n ,D �D Y1 M r m N r M ,n en v1 v1 7 �f ? M r r r m v1 v1 N M m N N r O W R u M ? 7 a0 OD co %D '0 CO m m n r 7 CO U1 N m ,0 �0 O .0 m ,O CO A O1 07 n b m Ln M In n '- b n '- n r M m r n O 0— m� L N N m 01 e0 �n m u1 M 01 m 01 m m ,n v1 M M in v1 M O u1 M n r ,n M n r 0 Y • �rr N 7 m m —0 r r N N r of W1 %D r t+f t+1 r CO ,0 .n N N Ln 1n m N m N N r ry r °• 88888 88888888888888888888888888888888 N 0 N 00 N N 0 N 0 N N 0 V an n n M n V m N o N m N N M N N o N N m h Y %n Y A Y h N N m N m N fV m 1, N n 1l, 1�l N mial N N a% 0 eN1 fN+f v a m < ervn V M M m 7 Y 7 Y E O in 8Ln O O Ln080N8�, O O Lm O O ng�cv, O O O 8. O n88v in ,r ,n °aogi.v,O�.aou,�„oSB�,,`dmD, an of O O �n v1 O 0008 O �n O N 7 n N n n m a0 V1 n N n m W N Ln ,n m Lm n n 1n o O N m N N m m n O g 9 n N N 01 CM v a 3a < 01 Y ,O ,0 �n ? M r N M r N r aD M Vol O V1 V1 v1 ,0 O M O M V a tr m m m r r m M m v1 01 V m tt M N ,n m m m N N 10 r Op a0 v1 R Y y4 L .n 0, vl 01 v1 01 v1 Q+ �n 01 ,n 01 vl T v1 0� �n 0/ v1 01 vl 01 Vf D1 Y1 01 v1 01 u1 01 v1 01 u1 p1 w Q1 In 0+ v1 01 v1 0, v1 Q, v1 Q, v1 01 v1 0, Ln 0, v1 0, v1 0, m in Ln Ln n Ln Ln v1 w, n N � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r i �7y °SS° °8° 8° S SS 10 N °S C S 0 °S° Op 0 0 O 0 O °888 O n O M 858888 .n O O Zn m 0 888 m 0 0 S88 w m_ N N a ,n v N N ,n 16 ,n z N 10 " I0 m ' r m m N V1 r r O of M V1 m in c0 V1 01 v %0 v 10 v ID v ,n m O r R r N r .n m ,D v1 N 1n W V V1 N n m 4 m N N t0 N n e- O Ln ,O 7 7 > yy�1 Q 9 D O J O O O J Q D O O O J J J J 0 0 J J J J J J J N J J J 0 ,D J %0 J w J 10 J %0 J ,0 J v J 1D J v J v J v J ,O J ,D J ,O K 0�C 9i DC Of O v M H C W y .YN + •— S O F K j M v 3 <v� d '2 p 02 FL � N < y 3 C Q - r A � � r 0 A LA S m 3 oo 2R m < -gaN oE c � N O c O� v1 <� s o g E cc « o` s a o g s o og SK o g — <— << — Y < Yx > > Y Cc < a; C c H y PFS 3 �=1-U U : •- v~ > 'v r g2 X ~U "A .a X $~ 'tA mmU'R 9« E c E 3 E v Y v `w 9« d o < 3 ` « `� `� Die 9` _ fO g cc c— Ln °i :: °: __ v c— '>°— rn as` o _ cv —_ v1 c Yn �_ —_ c tyi is u1 c Uf <C3o �+ <f <v0i�mae =�_U <(L �Cg ?5 uco<OA U < >-Lu i m j Y Y ppC « t� to c = =. be z, -Owl Q M a < YYj Y yYY V1 OL m x � d> > � v m S A C Q �J N O N C _ C !O � •� Q � u Mv� a W = � «557 �f Z O O O O O O O O O O O O W W O O W W O C O C O C O C O C O C} w O C O C O C O C O C O C O C O G N 1n Ln L 1n O1 0, m m ae 10 aR 10 a2 r ae O1 O1 0 a2 N m M � 01 ae e ae N ae h ae v1 � a4 m ae v1 ae 1n X u1 ae 10 a2 a ae 10 a2 Q1 a2 aR h � ae e a E a e r r rI 0 r 1n N c0 r m O m O in N O r O r h N 'D n 1n O n N r O m e 0+ N v1 nl V• r v1 N Vn N r r p Ln O r r o 0 7 0 r of 0 g e m n 01 D 01 O 01 m c0 O ►. O N m 11 O m m c0 m O O v1 O 0+ O S N n N a0 n v1 0 O+ 0 r 01 a0 m O, Q V v1 co O �O <O ao 0% n CO n ON 1D n C� m r 0 0 0 0 C C O O r C C C r O O r O O C C C C r 0 0 0 00 0 o r v f7F m 10 m_ m 01 O �O n 01 n a e m of m m N O 10 O CO O a a m in O� m e 01 e n m n 01 m n O• in co c0 m v1 n m n n� a CO v1 m aD n v1 m n m n r r 0 N m m %a 0 O m N m 1D O kn n n e O 0 m 0 r� co rn 01 N in O n N e w N O 01 N �D n _O 7 m 01 1n rD v1 m n r 01 N e e e Pn e v e e .- fn m cV N M r N m m e fV e N r m N N N r N N m m e Y E: N "I m m ��p1 O e m n e 01 c0 n m n 10 of 10 to e m 01 e ON eLM 01 n O n N n m m In N n e m e m e m 10 of m n O co n c0 n 10 v1 10 v1 m 10 v1 co n n nrin�COr1 -mminm C4C4e n Inlnmr rmmnmr �a aRaRaRM11, e e 10 m n u'1 LMaRafaEyta4afa�aea4�Na�aeaRaeaeaRaeaeaRa2aRr4 r r N N m v1 r m r v1 r r co n e m m N r O r r N N e C4az N r C O 0 0 0 0 0 0 p 0 0 0 0 o 0 o 0 O 0 g$ O O O In o In g g 0 0 0$ O O O g N 01 N O+ N O1 N 01 N T N 01 N 01 N 01 e N 1� N N 01 n N h N A N 14 N n N n N N Q• N 01 N T N 01 01 O O 1� N e v1 o n N 0 n N 0 e In n N 0 n N 0 N 01 0 1, N 1\ N J O< e e 7 e e e r m e m m m m m m e e e e N N m r m m r m m e m m E v°iS 1°n In In In emu°, .nN p 8°mS p 8 Ln N.1 0 v1 O p 8.n p p 81n On N a 10 In 01 0p 1n 1n 10 1n 1D e m O 01 v7 OO n �f m n o Of v1 m m 01 N m m a0 10 1D n m n m InNOa°a1 O T Of m N 1D n O 01 O m m v1 in N in v1 m in Ln N Ch C F > e e m m e e e e r t+1 f+1 N N N r N N m m N e N r N N N N r N N m m e 1Q� 9 4 4qq vl 01 In 01 V1 01 ul 01 In 01 1A 01 In 01 u9 01 in T Vl O+ " O+ In OI in O� in O� -n 01 V1 O+ Ln O+ �n 01 in 01 V1 01 V1 01 In 01 V1 T kn 01 1n 01 of O+ V1 O+ V1 O+ Ln 01 Ln 01 V1 O! 1n 01 Ln 01 1'7jja O O O C o C C O O O C C O O O C 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N r E Q 25 °c52588 a°o I�a+ml�Omr 8°8 o �$ S$�g25,.§8 °w10 c� c� g00mw0 °v1O101�o1°nml°n c� 50 Na Ineemeeee. - eemNNNmmme tom o�'1n NeNr u°, o1�'eo+c°r mNNNrNNmme N Y O O O O O O O O J O O O O O O O O O O O O J O J O J O 0 0 0 0 iy J 10 J 1D J 1D J 10 J 10 J 10 J 1D J 1D N J a J 10 J e J e J e J e J e J e J 1D J 1D J 1D J 10 N N J e N J e J e N J e J e J 1D J e J e r� 2 > > > m m m m 2 L ° > o d G m w w x N v�'`1 m w 2 d m M J> ' w m my S m w 0 O v Y w w �s c G E w w •? Y W 0 m Y co m ry W m m 'a d tY cu ff Om O$ �2>`+ D o[ T O ot�_0 > �t�m = w C •� x w C O Z Om x 3e x In J c m in 52> gamin m L >2o�t t °p = 0° J c� m m co m �Y m J um .n w m s> O p �� tz $ >�5i O O J m °Ul� m m$ J m` °�a i� w� at "' m�> m — mi4 >� O� xm� o �V. `v� 0 o � 0 �3g vmoc vmmpy` oo o os dz2 co w w Y O— > x Y C J y w J w Y 7 > Y 0 > J> J Y C N w -1- C x E > A m s w w N C x 7> m C x m o •L m N m<< mS< A 0 $ oe N CO N C •N m c< m In ? 0 0 Q1 O L e�i1 ep ,p 7 p 7 U (J 7 In N O V V v m m C Z x O_ s Z .n f0 Z _, m o: O_ Z :_, m a Y � � < y Y C OL 00 < d d A s c = a W .N J yu a u L` N_ J tJ< O u 1-A % A A egg r H � c A CL C a� E a c Q N O` O CL N � C �1 Q y ro E o `rA � � N E C m O '� I— a s= o 0 6u 2 d E K U g L :Q H J J O < N x A A r N M �C? y O c O c w W y O c O c O c O c O c O c O c O c O c O c O c O c O c} W O c w y 0 c 0 c 0 c 0 c 0 c E h � w .q w M N h n n � O, X tn CO d T n T T w n O N n M d O N N O O O O . O . 6 6 M O w N CO M G! 'O n cD n CT �O c0 aD m n N CJf co aD Ln O! Of lD d n OR co n cc 1p �V, CT �C K CO w M �O M n CT n CT M w d r d M O T �n CT �D O 1O of M O CT O� c0 n d CT M n O� tp pp pp O_ O M r^' O Ln CO w lT d w d d d w d M d M d r a O N '- M CT M M w M O n a- w O aD N 1D w N O M c0 N CT O M O d M O� M N N 0 d h N w M M V N CT co N m m CT O CT m O m O_ CT O m co CT O m O O 00 •= N w N O N M CD w w d d '- d d M d .^ d N W d d d M n 01 ry d M g M m N N d CD N p�pp pCa 2e m �i O N2e2ec4 O 3E 2e 3e�m N �D .O M M N 02eZR2Qm �O 1n N CO M c4 N Lf �/1 m V1 n M M m c4v N d O O Q O O O O O O O O O O O O O O O O O O Cn �n 6 O N CT N M N CT N CT N CT N CT d w d V1 d w d w N 01 N O+ N 0+ d w n N n N n N n N n N N CT O� O pf O n N N CT d d `VQO d d d d d d d r M M M M M d N N M d Y E og000ww w LnOOin 8CO co C, nwwww Rno88wONinmmKLA MONw�,wnw N 7 M w n n w M w N M C'Q 0 w ID w n c0 w pO11 N N O cV N N w d d O d M O cn fn d m N N N N N M N- N M in O� w CT w O. w l w O� w O� w O� w O� w O� w lT w O� w lT w CT w OC w Ln (T w CT w O� w O! w CT w lT w CT w lT w O� w N 0000000000000000 . O O 0 0 0 0 0 0 0 N 1(3� r Y e Q ZS0 0 (71N 0 0 0 0 0 in25o8080A QQ O 8 O O 0 0 0 0 8888 0 0 Q O N a M w CD w CT d d d �O d w M d r r N Y n M d M �O N a, N M M w M w N m r ZO N w M N J CO J �O J CO J CD J �D J �D J CD ry ry ry ry J CD J CO J CO ry _! d J d J d J d d CO ry N J d J CD m 0 OTC 0 d N .._. E C ra J m y = GC u m CC u O N N r •°-' t > o o g W m 3 W m & & -0 •i O' d C O Tn o -- m 2 f ? o' r o' L of m m B w i y p w y v N Z O O in Z in > > Y U rn<� -.?0. °E °w °ggitg S g L g y < o$ � m cggi�>vig �?� Ji �> = cc o��— m a) 75 m°C c C M w qlca L~ U d N~ t x W N N N J y m y 'O 7 Y al r0+ C 3 `' O= p C= = L t L t rya cc� C= O+ O V« O o� �R c 0 V O m i Z o Z rc�a _> m >> w CD Z J Z J 1 Z at •= C M m Y C m Z jo •� A m N ` _ � A C •[ _ ba Y o a" E K U g L :Q H J J O < N x A A r N M Pq H ry Zn� N, H C Eo C V u � r RF Eo CO U v C =_ Ae W W O Z d Z E O O O O O O O O O O O O c O c W y} W W O O O W NO yj O c O c p c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c Z Z O N O O O O N N� Z Z Z Z ° SN 8O+ 8M SQ� 8O� 8O� 88888888888888888 8888 888588 8In 8 8 8 8 Ov N N N N R n n N n N n� N 8 N N o N O N o IT v Y 10, N N N N 1, n n t O N N N .J a v %0 v V v v M M M v v a It %D 7 R R< Ln - Ln V1 in - M M 0, N N N V g, R c" R O� 7 n N N O of n a 0 M O O, n O M N co D M p 7 COO O h co %D N O M O� 'D M CO 01 V M 7 ea�� 00 O � M M N n 0 O\ n M CD V c0 M 01 O_ _ O n co n %0 h � N O c0 Gp O� Ln n O Ln �'1 Ln � v1 v1 h Ln Ln M O_+ O v1 M T v1 ~ N N O co n. N N n � M �� O 7 M 7 N M N tan a 7 �n In M M N M? M v1 in •C b �D T O N O co h GO n M 01 O M O� M 01 Ln a0 W1 GO M 0+ n y tp v1 �D M GD N 7 `D v1 �n co `D IM V1 O Ln co co n U1 co co n h O O V1 GD M 1 u'1 O M O+ O 01 n V1 V1 r M M r n pf m n Ln N M M M M M Ln M in M M M Fn V1 M M r- O N N r 7 In �D m O X r M M �p N �D u1 N N v1 u1 M N M N N N r- Y E n p M LM 7 v1 tv p O M co %D O� N O n N N O+ M O+ vi n O_ N O v1 O v� Of O N M M c4 N co �D in O N �n 6% N n. O n 10 �D �p �D K O n 8 %n �D p p v1 7 •a M n n R Ol D\ in M ul in a0 •R 01 1n M M^ 7 N O GO n M n K� M O 01 N N M M n N 7 M %0 7 v1 O v1. v1 �D V �D t�1 N v cn N n N F4, O n co Y1 M �- N M %D M N 0 V1 M O 0% n O M �D S in M N 1 M M M M N r r Ln V1 V N 1n Ol 1n O, Y1 O, In O, In O� V7 01 �n O! In In O+ �n O+ 1n wl in of Ln n �n V1 �n �n V1 �n �n in in N u% Ln to Ln Ln Ln of Vn v1 Wn In 0 0 0 0 0 0 0 0 0 6 O� 0 Q+ 0 O+ 0 Dm 0 O. 0 0� 0 Oi 0 Oh 0 Oi 0 Of 0 T 0 T 0 O� 0 O! 0 O! 0 CT 0 01 0 Ol 0 Of 0 01 0 01 0 O� 0 O� 0 O� 0 0• 0 01 0 O� 0 O� 0 1in 1 1� 6 01 M M V O O %D N 1n 0 N 0n Vl O M M M M O M �D n n �D u1 yO 10 m t0 O1 7 O O O C �O 7 M In M M N M O O O O� M a M O C N O cc M K M 'O N O O O G p O N ko V O in M �D 7 In 1n M u0'f N N GOO r .-- 01 O O POD) N 7 M v1 v� Gp GD M Ily ej N M �0 M N N N n M O M N 1D a t� O GD a r r r M g M M r• N r - Ln In OD O O O 010 O J J J J 00 J J 0 J 00000 J J J J J J J C J O O •¢ MD %D co %D �D 1D tD 7 7 7 �D �D 10 10 ID %D 10 �D �D N N N N V ID %0 �D 10 v 't v N N %D __1 %D J �D DC ce �3 €� 'R <�L E a ar ar HC „moo__ LL W• 7 = — <_ :^ w<_ < 2 < •C ,- y L t: O U c F N K x f+1 a X c M A .O. g S g< 2 g E 0 O U O < < C 3W N ~ N U H U • U 'i- ' m u _i_ 1 E A C •_ > __ M E .c _�_ 10 n C TN o p K PC { � r C uc i °vg <wN Uq o `O <_~ � _ < � PD=u < 0.: < O , V < 5atp 'g U m M no C J -0 9 1 to m m of e ti a c z <� v lco -u d all 42, C y m Fb I fA C C C �xx � A C V � u � L C f- a t U 0 •� C CL C Z A O c O c O c O c O c O c O c O c O c O c O c O c} W W O c O c W y} W O c O c O c O c O c Q y�j o c o c o c o e o c o c o c o c Ey r N N N N N N N N N N N zo N N N N N N N o N N N N N N r L ai ° 888888o88SSS8 SSS0SS88°°88SSS888SS N Q N 0) N 01 N m N ON N � N Ch N ON N O, d V1 n N N 01 n N n N n N n N n N n N n N n N N ON N 01 Qt O Of O n N d u'1 n N n N d In n N n N N Of n N n N d d d d d V d d r m d m m m m m m M M d d N N M r m M r M M d M M V i� r M 0, n 01 n a CO n m d m a0 Ln a N n d 1� O CD d n. �0 �O d n M n �p n N 01 0 M O M m v1 d M 01 �D d N 01 CD N O m CO Vl m 01 L" �D V1 N n O m CO n O N v1 d n fn QQO a ~ N N tn r4 m m N 1n O O 01 n O 01 Zo N O �D m 0 n d m LM j_ rn fn tm d M N N fd'7 N N fn N N N N N N N N f.1 V ID m n O � M pi M O� M m m m m n� M1n ID" m m Of a� N N 01 LO fp fn M m m vi V1 N M H F n n r M fdy r 01 r r m M Vl O1 N fD r �p O m N m N N r fd,� r n n n m n m m m CT r O 0 On r m M m M n n m M Om r u S Ln N cn i X N a m m N X N Zj 6V` v C" V-1 C4 cn m Ln K f�`! E 7 O d N a0 o N r Cp �0 a, in m ko %o aO N at m to n O �D _ fD .n m O O O. �O m �D n m n �0 N �D N N O d O m u, p n u7 n r �p m n ^ N N r� CO m _N "a M M m N m N m m z m 0 d m m M$ N m m N d m d N N d N N fn �O N d m r d r N N N �0 N N n d N Of d N n 0 N �D Ln r m n r �D N n tD r N Of 7 m" r as W to M m N �D m N p� d N CO O+ N N N ut h u1 N N m N N m h� m cl N m N m N N� m� m N N N M fii OI o O� 0 O+ 0 Oi 0 � 0 pi 0 O� 0 O! 0 Ot 0 O! 0 O� 0 O� 0 O� 0 O� 0 O� 0 Of 0 C7+ o 01 c Ol o T 0 O� 0 0� o O� C5 O� 0 O� o 01 c O! o 0! ri O+ o O? 0 01 0 O1 0 O! 0 V Cnm O m O V 01 O fn N a, Z co M m O 'o N of Ddfndm f0 m O mfn00m0mwao"om in m N n 0 m �0 w N O; a m v1 O+ O m d N d n d Zn d 01 N Vl m m O, n _d d 01 d d M CO m pp �O N %D N r aa�� �p O n r Ln N N m m m m Ol m N m m d d m N N m N jZo N N r e- N N N N m r r IN N r N r M N m N m 09 C J J J J J J J J N J J J J J J J J J J J J J N J N O J J N J J N J J J J J %0 %0 �D ID ID 10 10 %D d %D d d d d d d d d %0 �O d d d d d t0 d d m � 2 2 m m co m C O _ O C m = o _ 'fl N v m = _ T 1 > Ol N 4) 7 LY Y m u CO m 0 C jZ m m �L m C 2r- E ti? �L ¢y! .7 E Y S w N _ � = a = >f,� 2 2 iL 0.' $ Oe���=� wmm Av C d Z o m o v C m ` in Z ` m in E 2 owe t E m m C m m '^ u °° w c�,,, = g g g 0 J g m m m J m f0 c •i7 A c i cc c f0 g a o m g g> m�2 c�am�� g= >3 ro�ie�vSe> g dmm �m D >Doea1 g� 3 :3 g gLL o �x o `w� cx ;,z� p c yy c y m v g m d •S O c 2 u A u c O` m N si g g g m d y 9t g g ,$ p m'v W g y= GG 01 Y > J 61 m 7 J 01 2? 2 0 b �' ? O J an N o, CC = m O —' m O m L ac, vl C S C S f"�a o $ oe N m/l m $ oe N m %n c m C< L d ro m� , ^a I` d m m C Z= CL - Z d d m in m Z _, m oe CL Z Z M10- d a z I a V < N q > C � Z• � N x w •� A 5� a DY '!�i �_ 4yi � � m C u° Q u A t 'c h J c A A FL � N Mf ? 0 Fb C V u •i 0 O er V N L = y Yd 2 W S U d 1 N <u� xa y� m < C ego N t1 Hz, c vfHt/ } }> w 0 c 0 c 0�tA c y 0 c 0 c 0 c 0 c 0 c c} c �� c c c c >LL' h h SSBSSSSOSOSSSSSSSSSSSiOifLMMSS H N Q1 N 01 8 8 N Ol N Q1 N 01 N 01 d In d 1f1 d u'f d IA N 01 N 01 N 01 d n n n N n N n N n N D\ O Ol O I� N N 01 d d 10 7 d d d r r r r d d d r M M M M M M N N M d u O v1 u'f t0 m N M N V1 r co N 1� N r In 01 01 L11 O O r 01 1� O M M 01 m 1� t'1 t0 M r'1 O 41 01 10 1� 01 d M 1� h Q1 m d C1 M N M N 01 r Ol d 1[1 O Q1 m 11 M m N �/1 10 M �A M 01 m 1/1 N vl M 10 V1 m r '0 01 O F` 1� d d v1 of M I N r N M M N fV N d r M N M N v1 r 1� r N Q1 N u N N N M M 1D N O 01 10 N N Ol 1� M r Ol N N N N N N In In H H LOn r M N 1a In d In N 1CA1 d N O N N r M V N w .iii m N � 10 N N �In r4�en �r4� rn 10 N N t0 M t� N vl � M V1 n � .N.- m M M N d ee D E M Q1 in h O N O v1 C', In 01 m N d N M N N m r Ol 01 m 1p 10 m 0 Ol 10 m 10 1� t0 N 1p N lA 1� N N l0 O 10 O d N r O n�'1 N m fm�1 O m N N 10 d N N N 0 to 1+1 N N m m m V d to d M M N r '- N M M N N N r N N 1A Ol 1A Ol 1A p1 to Ol 1!1 Ol lA Q/ N N 1!1 N Vl u1 Lr) 1!1 1/') v1 to In Vl V1 1A lA IA u'1 0 0 0 0 00 01 0 01 0 Ol 0 O1 0 01 0 01 0 01 0 01 0 01 0 01 0 01 0 01 0 Ol 0 01 00 01 D1 Cl 01 0 61 0 Cl 0 C� d QpOp 1m0 7 S S "1 N m M N O IA m m r M Q1 m M N 1D 10 m v M N N d m N O N O aar 10 In 01 7 M uN'f 10 M p1 n Q1 d td+1 d M _m m N _M m Q1 01 O IA d M m M N r m r r M M d Floo N N N r N N r r N M d � 00 c D D D D D D D J J D D O J D D D D D 01-1- D D W J t0 J 1D J 10 J 10 J 10 J 10 J 10 N N N N J 1D J 10 J 10 N J d J 7 J d J d J d J d N N J rf J 10 M m C O 2 oL D ai N E C J v m L> u m L u 0y D LA- L. S Y> O a (U 6ro! R 'fl v C C C 19 In Oi Z O O to o of 01 ccU —< N 0 2 at O o E > °O v O v OC A CO < LL O A y S m�m°c� O CO CO yC C U m C >� CO >�Z m O > CO = F- , y ._ c C .L.. 0 O > CL C S i u< a VO1 <� U O m Z Z c m 'n- m Z J C Z J `c a Z V > 0: Q v N m > y .p F m C U S U d 1 N <u� xa y� m < C ego N t1 rn H c d c N H � A c o E o E ro LA UD .S CL W = d Z E O c O c O c O c O c O c O c O c O c O c O c O c O c O c O c w y w }} w w y O c 0 c 0 c y�j }> 11, 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c LA -:r (U co n tD �/1 1l r., 1 to �O V' 3e aR N aR O M 2R w1 7R 2R d 2e 1O h aR aR CD N 2R m 2R m aR aD �R 2e CO y�j� O m r u'f O O r O OD r a M r 14 N N h m O ~ E r• O r r O O r O r r N �O �� 7 N N N �D v1 N r r r O r � 0 � 0 0 0 0 11.1 h .w 0 0 0 N N N N N N N N 0 v1 1� N 14 N I� N 0 v1 0 N N N N N 0 N 0 l0 0 N 0 N 0 N 0 N 0 V1 0 V1 V1 m 0 1f1 0 A 0 N 0 N 0 N 0 1� 0 0 0 0 0 J Ol O� of M 1D O� 7 Qt � 01 f v1 r N m N M N m v1 r Of V Of It O, 7 Of V V m pi 7? ai O, cn 7 r r N r r r N M 0 �D m Cn m M M m m u a+ m n O m N M m aD r O a0 r a0 r �n M of aD a+ QD ON v1 o, M u, m O+ aD O+ W M m in m m V1 �n m O �n m a0 r �n M c0 r 0 I N �r N N N 0�rn N� N N an N N N� N O e�+1 I O a u, 0 .%p r4 %D ✓A Ln rmn �+'.. 0 0 0 0 0 J J_j J J J V 0 J 10 J %D J co J lO J lD J lO J N J J J N J 'O J %O J %O J 'O J %D J D J %D J %D J ID N N N N J ? J J J %D J �D J 7 J Y J 7 J Vi J J 10 J %O J t0 ce Y GI Y LL cl Tv •c Y _ c > > = A F .� 'C Oe ' F- m �.��N— N x .... < q x M v N A Arn <� g� Sa b c or vow � � �' m0 COI 3 <�do�c °%v� S rn <� o�c� o_� � :30 y o g V o° o+ �< o ya,3` d a.!` Y ro c u,3c` o c c in c 9 c �n c U�_ac3aWaa��m�S Baa.Rc�om°'u <o,� <'SU° m y > Y Y C 9 =� 9 m M 0 Y A y c Y q c = S C m = -W e d = 3 C y m �s Ul V 16 C M C 2 �. 10 C b � D � h v � � � c U O LM O c O c O c O c O c 0 w uxi2a` d V O O O O O O O c O c O c O c O c O c�� w w O Q w w W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 h -A aR v N O I m M M N 0 0 OD LO l/w1 N n�v,MVlnn000voLi M 7 N N N n �D n v n v1 �E O N 0 %D V N N N 0 0 r r O ILf N 0 N 0 N 0 N 0 N 0 N 0000 N N in F. 0 N— 0 00 h n 00 n n 0 n 0 n 0 n 0 N 0 N CO v co O 0 n 0 o 0 n 0 m 0 v1 0 A 0 n 0 N co n f, Q J O� v m --f 01 �f 0% 7 M D1 7 Q1 It 0% '? V1 N M CM v M N M N M N M N M N M N M N M 0% Q- 0% O� 01 — N M r M M M M v N M N M V A r n n M v1 N O+ O m m V1 M N M M Ln 01 a0 V m r 0 W N M M v1 m O m m n V1 Ln m F- r N v1 N K O m m m N N m v2Q1 in M N 7 M m N N N d N ii.. J J O J O D J 0 0 i J "D J J J J J J J N J J J J J J J J J J J J �D N N J V N J a J Y N J < J v J J v J C M m m m m n C 2 I c C m W T T N m d T d 2 �s m d Y A S �, m g W m W ,� p y m O 9t 9i m o m 0 OC = a O 0$? Ln J m Z m O �_ p L OTC {O� ^ N 2 J 2 2 m m A C = a = m 3o Z y O _ c m q U B O = v g c r jr, c in GGGGGGZIIIII g ^ c Vf Q J 7 o 2 m m ce L; J o m m A G ro m c i m ^ c Y A U M m y� N m g s c X01 Ln p� g �a �Z2�Y� o �(�� o 0 Se cj� t o a o c g m��o-3g;,m°C c m � GL$ ym��ota22 cm _ d CU Y >g�m Y m C J 47 Y 7� .ggSm��8 j Y yg� om -.9. H N c y Z i0 Q m m O i0 a'1 N G y T m J C y Z O m mm< m m O m<< b N J C 2 m J C G LU m<< o O p�1 w a 'a 7 p t 1 OQ -5 L h ° '° A O vii v a4) m m Z T a - Z d ,g,1 v m in M m Z � m U OC U C Z-i m U d v 0_ 6. Z U 0 9 ' 7 OZ N V c Oj _ d E W > 7 Y aYi c ! W IL .N U j$ yU a > M J 2 r � � n c ro rn i os aM r- 5 C IV E CL 0 a+ N CL C C� � G � � Z 0 c 0 0 c 0 c � u 0 c E C � Co N 0 c CL 0 c 0 c 0 c s — �O O W = G. a`. aM Z 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c c c 0 c 0 c 0 c 0 c 0 c 0 c 0lf' c }} 14 O c O c O c O c O c O c O c O c O c O c O c O c O c O c O c O c O c O c O c O c E M 1� M m M fn en rl n � C4 N fn M fq M %G %p 0000000c; � ? V1 1l CO aD M 0 0 0 W 4jl O N O N O O N O N O N O N O in O 1, O 1, O N O N O N O N O O O O O N O N O N O O vl O Y1 O �f1 O A O N O CO O N O N O f� O r O r O r O r O N v 01 vv 01 C�1 ovavvrMMrn. Q1 01 Q1 Q1 V1 N N N V1 -vvav O1 01 01 O� Q env 0 Q1 vvv.- m m U1 1l'1 1A 1fl �e�vvv N O� �C O, "1 Q1 N N fn�vva 01 V �D M ED N N N V ^ a0 N �O Nf M N M m 1n -T �- v M r v �- %0 M %D M N r N r N N M r O r r N N 0 �0 � m M � O tD N ID Y1 N N tA IA M N M N N r N r O O J O ❑❑ J � 0 0 0 0 0 0❑ J � J J ❑❑ ❑ 0 0 0 0 0 0 0 0 0 0 J ID J %D J 00 J J J %O J N J J d N a J O J 10 J %O J 10 J 10 J 10 J 10 J 10 J 10 N N N N J v J �O J O J O J �D J J J J J J J J M v eo" N E _ ceT M ,L <_ oc E >2 mmer_ < N `i v a, A `����A x _ors Lc °=> �`s� Via' C LE 09� os �g °°i�g S ° m< so<s m '` F- a LL �T ` ~ ` m '` ~ c U > LL C>~ O e` <yL'; 2 A C U < 2 '` ~< < N 'O C > A C= t0 A~ d U L 'C 3 X_ y~ m C c �_ V1 O� d = `Uaw '� ` '`-q L C_ C v >_ C ` < C cc O N CQCS❑ < �y <f <<ii�moc2� -U <a�i r iUO isu <0 <5! Mal U m j n ;i M C A C d d v N w e c � E b C id �V y i � m u_ E A cc 3 U F= O c CL d FA t � 0 2 d ul ei O c M E y O c O c O c O c O c O c O c O c O c O c O c O c W r W r p c O c y� j y 0 c 0 c 0 c 0 r~ 0 c 0 c g O c p c p c O c p c p c p c p c p c N Y'1 ul m 7 0 n K O V N O n N fD 0 to 0 en 0 N� 6GG N fn fn n m E O O u O r O O O O O O r n O r m N r r O r -:60 O N O O O O v1 O V O N O W 101 0 0 0 0 0 N 0 N 0 N 0 Y'f 0 1� 0 N 0 0 h 0 1l 0 I� 0 h 0 A 0 h 0 h 0 N 0 N co m V 0 h 0 V1 0 h 0 h O v7 O 11 O 1� O N O 1� 0 t% 01 O� 01 O� O� 01 01 O� Y'1 N O� N m N m N m N fn N f7 N t+1 N fh m R O, V' 0 r pf r N M- In N fl) N fn Ln �- N f+1 N t+1 m a N en N m a CL co N m N V V N O N rO r'1 r er �- N f�'1 m O� O� m N � t+1 N O co fD n V1 O N a0 N N N Q r n O h f\ 7 7 r m N ? h 7 `C �D Af n U1 m Ln r In CO f\ m M N r r r N N 7 N r K 1 00000000 O 0 0 0 0 0 0 0 0 0 0 0 C r J J J J J J �p J pip J J N J v%pavev J J J J J J a J eve�n'o J J J J J N J N O J a J N O J vv O J J N 0 J ad 0 J 0 J ovv J 0 lcl J M m m m m c O c O _ c Q c Q A v m N vn m 2 2 �J2 m e fu�� v cm d v fu Ymr2m m m M > O— m m .T. �Z =m z•t c �inZ in >> ooc �mm c� Ly ^ J um si G1 fJl m S O fn O o E^ m C .7 p C_ 0 O<< m m m 'Qp J O m m e> 0! 01-2 c O m o O m 2 g O m m ��Se y0 U v O 1 S O 7 v> p$ m a ~= o c m s$$ >O�O`w m vy 3 w 3 g 2 CO S C_ O! Y >_ Y A C J O7 m J S Y 7 Y 7 O m V1 J5 �i > — o m O fn t/f C S C r F m m t$ C E 4 C C< emm �Z2 iZ av �mi�i`� �mZ�moeaZ ,faaai�aZ� U ro L C < q d c y F m < fY t R < 3 L O °-° A � � W Y E 3 Q x u i. nx n� V jY. A A yy yy� yp� A U r n � §� 8 .' CA C C C C D c Eat o C rt0 V � y 0 ux.+2Hd 0 O w m N c E N 0 CL -5 < > c o c 2 u T °� c V) Q7 0 ro m U o c 00 a m O O y U N N x O r y � N C < U c d E J _m u U 0 -,D, m c v v E c E .a uu � M V io } 00 Z Z v } } v 0 Z ;,0 } Z v } v } ;, } H v v v a v v v v v W OV O N O O N O N p V1 p V1 0 r� 0 t, 0 r� 0 N 0 N N �D N N V1 V1 n N N N N OV V t rn rn to 1/1 N N N N N J Z It Ln g r r M M M M M ri T O tt N %D N N %D %D M O 1 O O H N t" 7 c0 u1 M Ln M R N r ID r m N ID M V1 N N N N N Q rn r M Vi in �D r M V1 M^ rn M r N L" rn N N O = a V1 M N tD 7 rn M N O Q O� tD M �o .Z 106 Y 0. rn Q 00 %D Ln 1� r CO 0) ao in OT 00 C% M N N d ro M O ap T %D a Yl � N IT m w V1 N U1 �^ U'1 h It N m N r) M to � C c0 r d Ln 1n n r GO M S rn T N m d V It O co T vy 't r N P, � T et u'1 c0 m CO rn Q d T r M N .O M u, ID rn 00 M z h N k2 r N v1 ID r N M E d` O O rn N c0 Ln � O V1 00 C r N 7 N M 1n r M M ao N N i+ U p, O M M V7 O n r N � �x $ a0 M cO 00 M 00 M N r O N V1 rn r V l O 0 ewe N M M c0 O� CN O ^ O1 m M [O In O1 m O )( M M M C J J Y1 N N N J J J J J 90000JJQ0 0 QQ Q C J J J J N r.4 J J J J J L 01 > :: G A LL � °-' X m L .rOj E m Q oLco< ` Q raQ V r, rQ E� = L v� 6� acv c1c a, v ro Ui cu 'x 0° -° L 0 c m Q > E m Vii 7 > -_ O to vii `! < r oQ y v•- < Q`,UO'AZ� ro� O E o=mQ rn o C N m L s O O O O J O v 0_ ` J a a c a�b. o U Q rO H> m L m y O Ln Q) r L Q C, Q_ QJ m L Q) m Q/ Q _ c o C Q 3 Y `-° E m `° U C v U = _ Z > c > in U Q `v m v' < > d Q ro m J L < y a�, ro E 0 00 00 ro p CU > o :3 Z N U 0 O w m N c E N 0 CL -5 < > c o c 2 u T °� c V) Q7 0 ro m U o c 00 a m O O y U N N x O r y � N C < U c d E J _m u U 0 -,D, m c v v E c E .a uu � M V io } 00 Z Z v } } v 0 Z ;,0 } Z v } v } ;, } H W OV O N O O N O N p V1 p V1 0 r� 0 t, 0 r� 0 N 0 N rn v 01 m Ln t/1 N N N N N _a to T M M M M M ri T O tt N %D N N %D %D M O 0 O O H N t" 7 c0 u1 M Ln M R N r ID r m N ID M V1 N N N N N Q rn r M Vi in �D r M V1 M r N %D O m c0 of et 00 v1 -D 'D M r N O = a r N N N r Y 0. rn Q 00 %D Ln 1� r CO 0) ao in OT 00 C% M N N M ro c0 r d Ln 1n n r GO M (� rn T N m d r T r r r � T r M N .O M u, ID rn O M CO h N !� r N v1 ID r N M U d` 00 C r rn N N 1n ut N M ao V1 i+ c0 M O M M V7 O n r N � �x $ a0 M r It 00 M N M N r O N M N rn r T N N N u� N C J J J J N N J J J J J Q 0! Q L 01 > :: G A LL � °-' X m L .rOj E m > oLco< raQ V °inZ U c1c -0 U > < Q > m m Vii 7 OTC -_ O to vii `! < r a9 y c E t N cu tYp O E rn Q— N m L s m O N oc c= v v? m c 8 d a + a O 0 r� CL c a� E CL O 0 M CL d ed bD d W T d �y Vf ^ C C_ -p a ") H N O a o uxi 2i -'a` 0 L m u x c E a° c •` to gJ Cl J4 U u-0 E ro x o r w H c a u c d w E O <J _7 d U � U C � � m � E oco u U O r ti. �� aaaaa a O a y } Z } Z } O W 0 0 0 0 0 o V at t m N N N � Ln M M !'7 N v1 m co w abr r �D O� N h O 0 F- N K '0' N N O r Y N 1-t a0 n e M r M r = a O 0 m m m C4 y� N N d • v1 Ln '7 a W N � C E M 01 vl �Q V co r N r co Q1 co N d r V 4 C C_p M N In N M M �+ c0 O O a co 0 N Ln �In r'f O (� Q a M t M M w- N 00 C �•' c0 M M V1 O MOO= cc M co M c0 co V1 �o J J M M NO a s �+ppppp p C J J J J J o' C L v � cu to L o Z oc J a L De m p 0 M a v V Y o s > C > L r t s V b v m a mc a < 'n Z C Z o y0 v J 0 > O a m a m L m v1 `J c V N OJ e0 O� txc GJ m 0) U01 O Z m `n > v a m a a ry v C: c c Of o 0 ?: Z V < 0 L m u x c E a° c •` to gJ Cl J4 U u-0 E ro x o r w H c a u c d w E O <J _7 d U � U C � � m � E oco u U O (U a O a y } Z } Z } W 0 0 0 0 0 V�.o 0 �t N M n N n N n N � Ln M M !'7 N M m f, w O O F' N V1 a Ln 0 v7 ap N M M M N 0 �D N N m M N O r Y O 0 m m m C4 N d CL W E M 01 vl m m n N %0 % r V 4 C C_p M N In N M M �+ '-- CO O M W'0' M N N N MOO= J J J J J a s m p °=mSro o' C L Q Q cu to L o Z oc J C o 0 Q O V a m s m r0 in O) N `J OC c Q W V b v m w Y U 0 = Z > a m fd 0 o Z U Q 0 L m u x c E a° c •` to gJ Cl J4 U u-0 E ro x o r w H c a u c d w E O <J _7 d U � U C � � m � E oco u U O o IM H C O r C _ E td C � O c O � y H O 'Y C tw O N 6u2I�a` 0 0 L m � x •� c E c u � •2 � N O � a� roU a o < E v x o t c ~ CL < C •u c E-- a G7 O J 7 u u U c v � � v b E E CgUO N _ lol W 0 M 0 M 0 N 0 C`! 0 0 0 0 y� N r co m of m co N M H N N M N N CN O N co O Q M � M co N � r4 O CL N d G N O N N �o co 1!1 a n -,t co IA N V1 C R O �o M C6 �yyy W N 14 01 �o N t!1 M d �Vp T M O) M M M \D Ln E- 0 O m m IV co <r �o M N- O M N ua N ao o 'D N O X W iy N r J J C .3 J '.0 J �o J �o J t0 N N J IRT J m m m m m m m m 0 W 3 W 3 M 3 z N M < _ m w G c x p b t r' —O O z e v oc < o 0 J O j 0 a oC O < u vi m v or N y ro a m _ o o u — -° W a b m t Q p a !0 r m G� o0 C CG > c o Z N U 0 0 L m � x •� c E c u � •2 � N O � a� roU a o < E v x o t c ~ CL < C •u c E-- a G7 O J 7 u u U c v � � v b E E CgUO o p4 ryO K c R CL. c a� E CL 0 a, d cm H Q. �a c Q c O oe C � A C w Oo A :, y E C m V ..d h CL N O m x c v d O a U X O C °'a m a� < c c E w o � o u u a c � E o' o U U , zz } i� O W O1.1 n n co co J Z N N r r y N !7 M N co r r O O co Ln R Ln CO n er H N N N r •� r Obi O N Y T t2 Ln 4 4 M L }yp! 01 \O to M V 0) M �o u1 d Ec0 N %Q �D M O N tD u� 00 _ rj C-4 N X r co w O W �y 40 0 0 J J J J b: m m m m oW3z�, Q m v Ice a «: O Y Q Z C O O J < H u A v a m u° � y m Q a O o0 O z u m x c v d O a U X O C °'a m a� < c c E w o � o u u a c � E o' o U U ♦ Y r O O r y C C E = E A C A Q C O c tw O • th h 0 9 fQ h di •y Vl c O Y C p N O L = N O W = a. m x cc a M d O a- m Z- c 0 U a E x o v c CL m a� Q C c E a u� U y C � 9 � m � E 0 E V U N r iw } } O Q) c� H O 0 w J Z n N n ('14 co c0 A ri r �r ON N In H N N N ON At 0 00 en n O 9 N N N M 16 Y N W v1 O H N In %D xi �O v r M d cl� 'D In M �D ul d E a0 M N N "V %D D M O � V' N UO d` MP W a o o ° N 1 m 00 N O Y1 N wi C J J J J 0 W 3 Z N r Q m d v Y c o Y Q ZO � o J � � OC Q ILI u d oc m c u b m � 0/ a h v c Oo0 Z O U m x cc a M d O a- m Z- c 0 U a E x o v c CL m a� Q C c E a u� U y C � 9 � m � E 0 E V U .d 4 c A CL wr C O E G. O 47 M H CL a C < c c O CL C !O .y fwd E < E c CL CL _ H CL. ao x v a _c v v v 0 o_ a c V X o v c c E �i 0_ 0 V y m b� E V U N o S � N O O C C H C Q io c 0 a X � � Q C E c c► U J � � N vii 0 O tn v •= to u > 0 .0 v 2L E o c > O E w N g u O c U O x y c cu cu E Q w N O tA v N u " ad d b > w Z O Z w Z D � O` •` — o M Z Ln N w CL. a• V > cc r- r O N y u ce w o w WU o o z E ma 0 Li E L O v, r r r Q) Q > < aco < c O rA U ,; < U r dS 06 °2S C > 'D E m S Y ro Y e� � m tf � Z Z cn 0 O tn v •= to u > 0 .0 v 2L E o c > O E w N g u O c U O x y c cu cu E Q w N O tA v N 0 0 a 0 P H C C fA 7 O O OOOV O � C Q C b� roV � ~ C 0&08 V O 'n 0 a O 6LJ Z N ti fA O OOOV O�+ Q 0&08 V O 0 0 0 0 0 0 0 0 0 0 b rV c.� 0 (14 0 N 0 'r 0 d 0 N 0 N 0 N 0 N 0 d J a d �D d d- N r9 to r") d V N N o d d d 00 rn d to '- m -'t O� d_ N M co oD 00 n O O 1 M O c0 �o M r r. Ln M m N F H m LM M C� d In d d O N M M N� M M N N V ►� O d d c0 M m 'O d O) o� N N N c0 M n M "D u•1 rV N kn N N d N f0 a0 aeco n o N 0 o 4tr)LOa° d M �n p '- M M ��� N Z� H d N E g000Ln0ov,�n0 .n in o n 0 n co Ln O o n M c+0 N as Ln N o co •;Ln Ln d d d M N N N en N M C L N V p b {3 yy '�j In Ql �n Q� Ln O� 'n O� 'n o� Ln ON en O� 0� O� c � O� �p y A 0 0 0 0 0 0 0 0 0 0 0 d U. O u L okn v Eog000000000 0 0 0 0 0 0 0 0 0 0 N O a0 O M O �o o �O M IT O O 0 �o M o� Ln — 00 Ln d C Ln d d d r N (N M M N N C D O D O J N J N J N N �C io p �p d d d p v ra m C Q " O 2 v 0) m t0 � N C y pC Ln o U Z J Q 3 m b o < 8> cc .28 LL b o<< v _ ro< o, m o � ' > m o ~ U R ed a A �' � Q v C 2 m O m Ln �u<�uco'AZ N OJ _ U �a y d < Of Of m s > < ro v c m < v !° E m h Or L N .. y p Z C N c V w CL _ O CL 3 0 r E 7 V J U 0 0 A NO J d x u m 'D C A a� 4,g m a, g o N � a v a ° 0 a 0 6 I H C O � V �V V r co r.+ d LM _ N W = N H S O N►. O rA V l0 M f\ Ol M f\ O Ol m N F V- r p M 0 M _V tD a) O rn N O N ON d r. m .n Z%D �p M M M gn C4 W E ° Q $ Ln &n N 7 in n M co N O) ko M n 0) 7 -It N N C rA O O b O b m� 0 0 a) 0 m C O 4 u v L 0 an 00 O 00 !N d 00 O O M rn N 2 a � (n 'f r•M O O C 0 ry �O t0 v v Q m � r c C N i ro O v t p O a J Q v 0 � ♦+ `1 L O oc > O U v O v m M m c a`r L u in Z v c b m > > a 3 Y < y y b r d E cd i u a c w E 0 2 N J n 0 IV d M N J SJ � u cy 4 CL n qC OG A� 0 0 0 A E E CA G 'o L a c r� c fA C E X W c 0 c 0 c 0 C Z Z J Q� M •L d H 0 o G a c E y c 0 c 0 c 0 C Z Z Z M H o � � d M H C_ x� W Y m m m c_ Ln � � m ro v b v m rn o v a o�i -tea 2 O C QZ 0 0 QZ O —Z O lL 0 N o o o o ~ o� •C bQocm Qa ,yam �" y R V v u - u v D m C m m U L U m m E cu Ln E -o n vL�) E m ai m ai b ai LL - w -r_ It< O Z 2 kn 'C (U ro N O Z N 'C N" ox v tc N 0. Z U a Z U U a 0 N m O tn 0 v O M N 4- Q Lu N 9 STATE OF • - DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST THOMAS G. PELHAM Governor Secretary November 30, 2009 The Honorable Joseph R. Russo Mayor, City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 -4698 Dear Mayor Russo: The Department has completed its review of the City of Palm Beach Gardens proposed Comprehensive Plan Amendment (DCA 09 -2), which was received on September 29, 2009. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for review, and their comments are enclosed. The Department has reviewed the comprehensive plan amendment for consistency with Chapter 163, Part II, Florida Statutes, and Rule 9J -5, Florida Administrative Code. The Department has no objections to the proposed amendment, and this letter serves as the Objections, Recommendations and Comments (ORC) Report. For your assistance, we have enclosed procedures for final adoption and transmittal of the comprehensive plan amendment. If you have any question, please contact Richard W. Post, AICP, Planning Analyst, at (850) 922 -1813 or by e-mail at richard iiosyi-Mca.stale.tl.us. Sincerely, C Mike McDaniel, Chief Office of Comprehensive Planning M M /rwp Enclosure: Agency Comments Transmittal Procedures cc: Mr. Michael Busha, AICP, Executive Director, TCRPC Ms. Kara L. Irwin, AICP, Growth Management Administrator, City of Palm Beach Gardens 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399 -2100 850 - 488 -8488 (p) # 850.921 -0781 (f) • Website: www.dca state tI us ♦ COMMUNITY PLANNING 850-458-2356(p) 850-40&3309(1) ♦ FLORIDA COMMUNITIES TRUST 850-922-2207(p) 850 - 921. 174714 ♦ HOUSINO AND COMMUNITY DEVELOPMENT 85048&7956(p) 850-922-562311) ♦ TRANSMITTAL PROCEDURES Upon receipt of this letter, the City of Palm Beach Gardens has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed EAR -based Comprehensive Plan Amendments. The process for adoption of local government comprehensive plans is outlined in s. 163.3184, F. S., and Rule 9J- 11.011, F.A.C. The City must ensure that all ordinances adopting comprehensive plans are consistent with the provisions of Chapter 163.3189(2)(x), F.S. Within ten working days of the date of adoption, the City must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J- 11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council. Please be advised that Section 163.3184(8)(c), F.S., requires the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's comprehensive plan transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by law to fumish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event there are no citizens requesting this information, please inform us of this as well. For efficiency, we encourage that the information sheet be provided in electronic format. Q��tER �ti7,Ty� ' C x y FLORIDA WATER MANAGEMENT DISTRICT O October 30, 2009 Mr. Ray Eubanks, Administrator Plan Review and Processing Department of Community Affairs 2555 Shumard Oaks Boulevard Tallahassee, FL 32399 -2100 Dear Mr. Eubanks: Subject: City of Palm Beach Gardens, DCA #09 -2 Comments on Proposed Comprehensive Plan Amendment Package The South Florida Water Management District (District) has completed its review of the proposed amendment from the City of Palm Beach Gardens (City). The amendment consists of a large -scale Future Land Use Map amendment from Residential Medium to Commercial on 23.16 acres located north of Northlake Boulevard, east of the C -17 Canal. The applicant has agreed with the City to limit the development to 250,000 square feet, resulting in a potable water demand that is significantly less than the current land use. The staff analysis indicates that Seacoast Utility Authority has provided written assurance of facility capacity. Therefore, we offer no recommendations for inclusion in your review comments to the City. We look forward to collaborating with the City, Seacoast Utility Authority, and the Department of Community Affairs on developing sound, sustainable solutions to meet the City's future water needs. For assistance or additional information, please contact Murray Miller at (561) 682 -6789 or mmillersfwmd.gov. Sincerel o R n Director Intergovernmental Policy and Planning Division c: Rim Bishop, Seacoast Utility Authority Bob Dennis, DCA Terry Hess, TCRPC Murray Miller, SFWMD Martin Schneider, Palm Beach Gardens Jim Quinn, DEP 33(11 Gun Club Road, West Palm Beach, Florida 33406 - 1561) 686 -880) - FL WAIS l.M)0.432 -2045 Mailing Address: P.U. Box 246HU, West Palm Beach, FL 33.116 -4680 • www•.sfwmd.gov dP FLORIDA DEPARTMENT OF STATE Kurt S. Browning Secretary of State DIVISION OF HISTORICAL RESOURCES October 29, 2009 Mr. Ray Eubanks Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Re: Historic Preservation Review of the Palm Beach Gardens 09 -2 Comprehensive Plan Amendment (Palm Beach County) Dear Mr. Eubanks: According to this agency's responsibilities under Section 163, Florida Statutes, and Chapter 9J -5, Florida Administrative Code, we reviewed the above document to determine if data regarding historic resources were given sufficient consideration in the request to amend the Palm Beach Gardens Comprehensive Plan. We reviewed one proposed amendment to the Future Land Use Map to consider the potential effects of this action on historic resources. Our cursory review suggests that the proposed change should have no adverse effects on historic resources. If you have any questions regarding our comments, please feel free to contact Susan M. Harp of the Division's Compliance Review staff at (850) 245 -6333. Sincerely, Laura A. Kammerer, Historic Preservationist Supervisor Compliance Review Section Bureau of Historic Preservation Xc: Mr. Bob Dennis 500 S. Bronough Street • Tallahassee, FL 32399 -0250 • hilp: / /www.flheritage.com O Directors Office O Archaeological Research V Historic Preservation (830) 245 -63W - FAX: 245 -6436 (8511) 245.6444 - FAX: 245 -6452 (8511) 245-6333 - FAX: 245-6437 Bob Dennls/DCA/FLEOC To "Riddle, Andrew" <Andrew,Riddle @dot.state.fl.us> 10/30/2009 02:31 PM cc Ray Eubanks/DCA/FLEOC@M3oc, Richard PosVOCA/FLEOC@fleoc bcc Subject Re: Palm Beach Gardens 09 -2D Andrew- Thank you for your email. Getting your comments next week will be okay. Bob Dennis Regional Planning Administrator Division of Community Planning Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 (850) 922 -1765 (850) 488 -3309 FAX bob. den nis @dca. state.fl. us The Department of Community Affairs is committed to maintaining the highest levels of service and values your feedback. Please take a few moments to complete our Customer Service Survey by visiting http: /Avww.dca. state .fl.us /CustomerServiceSurvey /. We look forward to hearing from you, However, if you require assistance or a response from the agency, please use the "Contact Us" webpage at http:// www.dca.state.fl.us /contactus/. Florida has a broad public records law and all correspondence, including email addresses, may be subject to disclosure. "Riddle, Andrew" <Andrew.Riddle @dot.state.fl.us> 'Riddle, Andrew" to <Andrew.Rlddle@dot.stste.fl. To `bob,dennis@dca.state.fl.us` <bob.dennis @dca.state.n.us> uts> cc 10/3012009 02:14 PM Subject Palm Beach Gardens 09 -2 Bob: The department will be late with providing comments on the Palm Beach Gardens 09 -2 Hilltop Gardens FLUM amendment. We are having discussions with the City and the applicant's traffic engineer to discuss impacts on 1 -95 and the LOS with recent improvements. 1 hope to have something to you by next week. Please let me know if this is okay. Thanks, Andrew Riddle. ;AICII Oil fee ofModal DC%clopmcttt FDO T - District Four ,400 Wcst Commercial Bouloard Fort Lauderdale, FI. 33309 TF.I.: 954- 777 -4605 FAX: 454- 077 -7992 Email: andrem.riddllewdot,stme.ILus DRAFT Subject to Modifications TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Regional PlanningCouncil Members AGENDA ITEM_ From: Staff Date: December 11, 2009 Regional Planning Council Meeting Subject: Local Govern ment Comprehensive Plan Review Draft Amendment to the City of Palm Beach Gardens Comprehensive Plan DCA Reference No. 09 -2 The Local Government Comprehensive Planningand Land Development Regulation Act, Chapter 163, Florida Statutes, requires that the Treasure Coast Regional Planning Council ( TCRPC) review local government comprehensive plan amendments prior to their adoption. Under the provisions of this law, the Department of Community Affairs (DCA) prepares an Objections, Recommendations, and Comments (ORC) Report on a proposed amendment only if requested to do so by the local government, the regional planning council, an affected person, or if an ORC Report is otherwise deemed necessary by the DCA. If an ORC Report is to be prepared, then the TCRPC must provide DCA with its findings of consistency or inconsistency with the Strategic Regional Policy Plan (SRPP), and provide any comments and recommendations for modification on the proposed amendment within 30 days of is receipt. Back Mund The City of Palm Beach Gardens has proposed one amendment to the Future Land Use Map (FLUM) of the City Comprehensive Plan. The City has requested a fonnal review of the amendment by the DCA. The proposed amendment is for a 23.2 acre property located north of Northlake Boulevard and cast of the C- 17 Canal at the extreme southwestern edge of the City (see Exhibits 2 through 6). The property is known as Hilltop Gardens. The property is currently vacant and was formerly used for a mobile home park. The proposed use is for commercial development, although no master or site plan has been submitted. DRAFT Subject to Modifications The current FLUM designation is Residential Medium (maximum 7 dwelling units per acre). The proposed FLUM designation is Commercial. The proposed amendment is conditioned by a notation on the FLUM limiting development to a maximum of 250,000 square feet of commercial retail use. The land uses on surrounding properties are: The site is immediately adjacent to the Northlake Boulevard Overlay Zone. Overlay zones are utilized by the City to address areas of special concern. City Objective 1.3.3, which applies to the Northlake Boulevard Corridor is to pursue various means to encourage improvement, enhancement, renovation or redevelopment of the older properties along Northlake Boulevard, east of Military Trail, and thereby arrest a decline in the quality of land uses and the consequent negative impact on taxable values and the overall aesthetic appearance of the corridor. The City considers the amendment to be compatible with surrounding uses and FLUM designations. The amendment meets the City goal of expanding the economic base of providing additional commercial space on an infill site near one of the City's major commercial corridors. Public sewer and water service is available for the site, and levels of service for transportation will be met with the limitation to development of 250,000 square feet. The City considers the amendment consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The amendment materials suggest that the Residential Medium designation is not appropriate for the site because it could not be adequately separated or buffered from major streets or commercial and industrial activities. This is especially appropriate given City and County plans that project the extension of Congress Boulevard through the site. The City concludes that a commercial designation is more appropriate; and that there is a need for an increased amount of commercial space in this portion of the City. Extrajurisdictional I mpacts The City provided a notice of the proposed amendment to the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) on June 12, 2009. A notice was distributed by LPARC to surrounding local governments and other appropriate agencies on June 22, 2009. Council is not aware of any significant adverse extrajurisdictional impacts that will occur as a result of the amendment. Existing FLUM North Vacant prcperty,water treatment p lant Public, Utilities East residential mobile home ark High Density Residential South commercial retail, vacant commercial building Commercial West canal, middle school, park I Public Recreation and Open S ace The site is immediately adjacent to the Northlake Boulevard Overlay Zone. Overlay zones are utilized by the City to address areas of special concern. City Objective 1.3.3, which applies to the Northlake Boulevard Corridor is to pursue various means to encourage improvement, enhancement, renovation or redevelopment of the older properties along Northlake Boulevard, east of Military Trail, and thereby arrest a decline in the quality of land uses and the consequent negative impact on taxable values and the overall aesthetic appearance of the corridor. The City considers the amendment to be compatible with surrounding uses and FLUM designations. The amendment meets the City goal of expanding the economic base of providing additional commercial space on an infill site near one of the City's major commercial corridors. Public sewer and water service is available for the site, and levels of service for transportation will be met with the limitation to development of 250,000 square feet. The City considers the amendment consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The amendment materials suggest that the Residential Medium designation is not appropriate for the site because it could not be adequately separated or buffered from major streets or commercial and industrial activities. This is especially appropriate given City and County plans that project the extension of Congress Boulevard through the site. The City concludes that a commercial designation is more appropriate; and that there is a need for an increased amount of commercial space in this portion of the City. Extrajurisdictional I mpacts The City provided a notice of the proposed amendment to the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) on June 12, 2009. A notice was distributed by LPARC to surrounding local governments and other appropriate agencies on June 22, 2009. Council is not aware of any significant adverse extrajurisdictional impacts that will occur as a result of the amendment. DRAFT Subject to Modifications Effects on Simifieant Regional Resources or Facilities Analysis of the proposed amendment indicates that it would not have adverse effects on significant regional resources or facilities. Analysis of Consistency with Strates c Regional Policy Plan The TCRPC has no comments /recommendations for modification to the proposed amendments. The amendments are considered to be consistent with the SRPP. Consistency with Striteigic Reeiona] Policy Plan The contract agreement with the DCA requires the TCRPC to include a determination of consistency with the SRPP as part of the written report to be submitted to the DCA. The TCRPC finds the proposed amendments to be CONSISTENT with the SRPP. The Treasure Coast Regional Planning Council should adopt the above comments and instruct staff to transmit the report to the Department of Community Affairs. Attachments Exhibit List of Exhibits General Loca ion Map Existing Future Land Use Map Proposed Future Land Use Map Hilltop Mobile Home Park - Location Map Hilltop Mobile Home Park - Proposed Land Use Map Hilltop Gan-dens - Proposed Future Land Use Map Exhibit I General Location Map City of Palm Beach Gardens Palo 96M.A I I t * . — , + Palm Beach Gardens $•.wait i. Exhibit 2 Exhibit 3 Future band Ilse Map �. � •.! `:�4 '„ a r -C � 1 h ' .✓x �. i } lira am no YT Ll . � 'u.:,.S; •,,, y :TEL ": ���'. ¢ ,w, � •"'� . T ( ;��,. ��1'Ilflllhr,rrrl r� 'r t ,a �• � *•, �r _!� 35�� � ,1 �{� 1� rf` �ht ����K 4� *,r�■■ i'��l' 'I .�yV•��4�1` ���1,p. JK 1 r11 IN Lat.., Exhibit 6 Hilltop Gardens— Proposed Future Land Use Map I I] In I I I I ;-1 I 1_1 aU.�� A � Al 90 MI Gqul 1 ORDINANCE 24, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA ADOPTING A LARGE SCALE 6 AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN 7 ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 8 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET 9 SEQ., FLORIDA STATUTES, PURSUANT TO APPLICATION NO. 10 CPMA- 09 -03- 000011, WHICH PROVIDES FOR AN AMENDMENT TO 11 THE CITY'S FUTURE LAND USE MAP DESIGNATING ONE (1) 12 PARCEL OF REAL PROPERTY COMPRISING APPROXIMATELY 13 TWENTY -THREE AND 161100 (23.16 ±) ACRES, MORE OR LESS, IN 14 SIZE AS "(C) COMMERCIAL "; SUCH PARCEL BEING LOCATED 15 GENERALLY NORTH OF NORTHLAKE BOULEVARD, EAST OF 16 THE C -17 CANAL, SOUTH OF THE SEACOAST UTILITY RICHARD 17 ROAD PLANT, AND WEST OF THE HILLTOP PARK MOBILE HOME 18 PARK, INFORMALLY KNOWN AS "HILLTOP GARDENS "; 19 PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF 20 CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR 21 TRANSMITTAL TO DCA; PROVIDING A CONFLICTS CLAUSE, A 22 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 23 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 24 25 26 WHEREAS, the City Council has initiated a large -scale amendment to the 27 Comprehensive Land Use Plan of the City of Palm Beach Gardens, as more specifically 28 described in Exhibit'A' attached hereto and incorporated herein; and 29 30 WHEREAS, the City recognizes that providing this parcel with a Land Use 31 Designation of Commercial will provide the most appropriate land use designation for 32 the site; and 33 34 WHEREAS, on July 14, 2009, the Planning, Zoning, and Appeals Board, sitting 35 as the duly constituted Local Planning Agency for the City, recommended approval of a 36 the Future Land Use Map of the Comprehensive Plan of the City; and 37 38 WHEREAS, the City Council finds that the subject amendment is consistent with 39 the City's Comprehensive Plan; and 40 41 WHEREAS, the City Council finds that the subject amendment is consistent with 42 Sections 163.3184 and 163.3187, Florida Statutes; and 43 44 WHEREAS, the City Council acknowledges that this amendment is subject to the 45 provisions of Sections 163.3184(9) and 163.3189, Florida Statutes, and that the City 46 shall maintain compliance with all provisions thereof; and Ordinance 24, 2009 1 WHEREAS, the City has received public input and participation through public 2 hearings before the Local Planning Agency and the City Council in accordance with 3 Section 163.3181, Florida Statutes; and 4 5 WHEREAS, the City Council has determined that adoption of this Ordinance is in 6 the best interest of the citizens and residents of the City of Palm Beach Gardens. 7 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 10 OF PALM BEACH GARDENS, FLORIDA that: 11 12 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 13 14 SECTION 2. The Future Land Use Map of the City's Comprehensive Plan is 15 hereby amended, as set forth in accordance with Exhibit "A" attached and incorporated 16 herein, for the following real property: 17 18 See Exhibit "B" for the Legal Description 19 20 SECTION 3. This amendment shall provide for a development intensity restriction 21 by designating on the City's Future Land Use Map for the subject property the following 22 notation: The maximum intensity is limited to no more than 250,000 square feet of gross 23 commercial retail space, or the equivalent thereof. 24 25 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 26 hereby repealed. 27 28 SECTION 5. Should any section or provision of this Ordinance or any portion 29 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 30 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 31 32 SECTION 6. The City's Growth Management Administrator is hereby directed to 33 transmit the proposed Comprehensive Plan Amendment to the Department of 34 Community Affairs of the State of Florida and other appropriate public agencies, and 35 upon adoption of this Ordinance is further directed to ensure that this Ordinance and all 36 other necessary documents are forwarded to the Florida Department of Community Affairs 37 and other agencies in accordance with Section 163.3184(3), Florida Statutes. 38 39 40 41 42 43 44 45 46 47 2 Ordinance 24, 2009 1 SECTION 7. The effective date of this plan amendment shall be the date a final 2 order is issued by the Department of Community Affairs or Administration Commission 3 finding the amendment in compliance in accordance with Section 163.3184(1)(b), 4 Florida Statutes, whichever is applicable. No development orders, development 5 permits, or land uses dependent on this amendment may be issued or commence 6 before it has become effective. If a final order of noncompliance is issued by the 7 Administration Commission, this amendment may nevertheless be made effective by 8 adoption of a resolution affirming its effective status, a copy of which resolution shall be 9 sent to the Florida Department of Community Affairs, Division of Community Planning, 10 Plan Processing Team. 11 12 13 (The remainder of this page left intentionally blank) 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 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 24, 2009 PASSED this /0 day of 569ORmWK , 2009, upon first reading. PASSED AND ADOPTED this day of 2010, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor David Levy, Vice Mayor Eric Jablin, Councilmember Jody Barnett, 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 G:\attorney _share \ORDINANCES\2009 \Ordinance 24 2009 - hilltop gardens flum amendment.doc 4 Ordinance 24, 2009 EXHIBIT "A" N IWX I Lu U) Z O LLI as 1Nio HOIH Irl 41- ^�Y " 14, 4 mg IN EXHIBIT "B" LEGAL DESCRIPTION: PARCEL 1: Ordinance 24, 2009 A PARCEL OF LAND SITUATED IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 01 °35'11" EAST, ALONG THE EAST LINE OF SAID SECTION 18, (THE EAST LINE OF THE SOUTHEAST QUARTER (SE '/4) OF SAID SECTION 18 IS ASSUMED TO BEAR NORTH 01035'11" EAST AND ALL OTHER BEARINGS REFERENCED HEREIN ARE RELATIVE THERETO), A DISTANCE OF 467.00 FEET TO A POINT IN THE NORTH LINE OF THE SOUTH 467.00 FEET OF SAID SECTION. SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE NORTH 01 035'11" EAST, ALONG SAID EAST LINE, A DISTANCE OF 866.86 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF (S '/) OF THE SOUTHEAST QUARTER (SE '/4) OF SAID SECTION 18; THENCE NORTH 88 033'12" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 663.32 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE '/4) OF THE NORTHEAST QUARTER (NE '/) OF THE SOUTHEAST QUARTER (SE '/4) OF SAID SECTION 18; THENCE NORTH 01 °36'03" EAST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (SE %) OF THE NORTHEAST QUARTER (NE '/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 18, A DISTANCE OF 666.27 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 88 °36'37" WEST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER (SW OF THE NORTHEAST QUARTER (NE '/4) OF THE SOUTHEAST QUARTER (SE OF SAID SECTION 18, A DISTANCE OF 113.83 FEET TO THE EAST RIGHT -OF- WAY LINE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S C -17 CANAL; THENCE SOUTH 12 °26'29" WEST, ALONG SAID CANAL RIGHT -OF -WAY, A DISTANCE OF 1573.76 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 453.00 FEET OF SAID SECTION; THENCE SOUTH 88 °26'21" EAST, ALONG SAID NORTH LINE, DEPARTING FROM SAID CANAL RIGHT -OF -WAY, A DISTANCE OF 973.35 FEET TO A POINT ON A LINE LYING 100.00 FEET WESTERLY OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 18; THENCE NORTH 01 °35'11" EAST, ALONG SAID LINE, A DISTANCE OF 14.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 467.00 FEET OF SAID SECTION; THENCE SOUTH 88 026'21" EAST, ALONG SAID LINE, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. Ordinance 24, 2009 PARCEL 2: A PARCEL OF LAND SITUATED IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 147.58 FEET OF THE WEST 147.58 FEET OF THE SOUTHEAST QUARTER (SE '/) OF THE NORTHEAST QUARTER (NE '/) OF THE SOUTHEAST QUARTER (SE '/) OF SAID SECTION 18. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY AND CONTAINING 1,008,980 SQUARE FEET (23.163 ACRES), MORE OR LESS. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 7, 2010 Petition #: REZN- 09 -03- 000006 Ordinance 25, 2009 SUBJECT /AGENDA ITEM Ordinance 25, 2009: Hilltop Gardens Rezoning: Second Reading and Adoption: A request by Marty Minor, Urban Design Kilday Studios, on behalf of Hilltop Residential LTD., for a rezoning of approximately 23.16 -acres from Residential Medium (RM) to General Commercial (CG1) for the Hilltop Gardens site located generally north of Northlake Boulevard, east of the C -17 Canal, south of the Seacoast Utility Richard Road plant, and west of the Hilltop Park mobile home park. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed b Originating Dept.: FINANCE: Council Action: Ci o Growth Management: [ ] Rec. approval on 2 °d Project Finance reading Manager Administrator: [ ] Rec. app. w/ conds. R. a ohman, Esq. Martin Schneider, AICP [ ] Rec. Denial N/A [ ] Continued to: Development Compliance: Planning Allan Owens Manager W Bahareh K. Wolfs, AICP Natalie Wong, CP [ ] Quasi — Judicial Accountant: Growth Management [X] Legislative Admi ' trator: [X] Public Hearing Sarah Varga Attachments: Advertised: • Applicant's Justification Kara L. Irwin, AICP [X] Required Fees Paid: [X] Yes Statement [ ] Not Required Paper: Palm Beach Post Budget Acct. #: • Boundary Survey • Map series Approved By: C' Manager Date: 12/23/09 N/A • Congress Avenue Extension Proposed Alignment Affected Parties: onald M. rris [X] Notified • Ordinance 25, 2009 [ ] Not Required Petition #: REZN -09 -03- 000006 Meeting date: January 7, 2010 Ordinance 25, 2009 Page 2 of 7 BACKGROUND The subject site known as Hilltop Gardens is located generally north of Northlake Boulevard, east of the C -17 Canal, south of the Seacoast Utility Richard Road plant, and west of the Hilltop Park mobile home park. Congress Avenue currently ends at the site's southern property line. The future right -of -way extension of Congress Avenue is proposed to transect the subject site on both the City's Conceptual Thoroughfare Plan and Palm Beach County's Thoroughfare Right -of -way Identification map. The 23.16 acre subject site is currently vacant, and was previously a mobile home park. The applicant is proposing to rezone the property from Residential Medium (RM) to General Commercial (CG1). There is no site plan or master development plan proposed at this time. The applicant is proposing a comprehensive plan amendment concurrently with this rezoning request. The proposed comprehensive plan amendment would change the current Future Land Use Map (FLUM) land use designation from Residential Medium (RM) to the proposed land use designation of Commercial (C). As part of the FLUM amendment, the applicant is proposing to limit the maximum amount of commercial development on the site to 250,000 square feet of gross commercial retail space, or the equivalent thereof. The FLUM amendment must be approved by City Council and the Florida Department of Community Affairs (DCA) before the rezoning can be approved. There are several zoning districts that are allowed within the proposed Commercial (C) future land use designation. Standard commercial zoning districts include: Neighborhood Commercial (CN), General Commercial (CGI), Intensive Commercial (CG2), and Commercial Recreation (CR). In addition, Planned Community Development (PCD), Planned Unit Development (PUD), and Planned Development Area (PDA) zoning categories are also allowable. The applicant is requesting CGI. The staff analysis section gives further detail on each of the commercial zoning districts. LAND -USE COMPATIBILITY WITH SURROUNDING AREA The subject site is immediately adjacent to the northern boundary of the Northlake Boulevard Overlay Zone (NBOZ), and has a pending future land use amendment processing concurrently to change the land use designation from Residential Medium (RM) to a land use designation of Commercial (C). The area directly south of the site has General Commercial (CGI) zoning and commercial uses along both sides of Northlake Boulevard. Across the C -17 Canal (approximately 340 feet including right -of -way) to the west of the site is a school and park with Public (P) and Recreation and Open Space (ROS) future land use designation with Public or Institutional (P /I) zoning. To the north of the site is a vacant, City -owned property with a Public (P) land use designation and a P/I zoning designation. Further to the north is the Seacoast Utility Richard Road water treatment plant in unincorporated Palm Beach County. East of the subject site is the Hilltop Park mobile home park in unincorporated Palm Beach County, which has a future land use designation of Residential High (RH -12). The Hilltop Park mobile home park had a Residential High (RH) county zoning designation, but the County has eliminated the RH zoning district, and properties with the designation have defaulted to Residential Medium (RM). Petition #: REZN -09 -03- 000006 Meeting date: January 7, 2010 Ordinance 25, 2009 Page 3 of 7 The proposed rezoning to General Commercial (CG1) is compatible with all of the surrounding uses, future land use designations, and zoning districts. The change to commercial would be especially well- suited with the NBOZ uses at the intersection of Northlake Boulevard and Congress Avenue to the south, which share the CG1 zoning designation. The applicant will need to consider buffering and connectivity issues regarding the 6.14 acre City parcel to the north of the site. Consideration will also be needed to address the C -17 canal frontage, and providing appropriate buffering for the residential mobile home park directly to the east. Since the proposed CG1 zoning is generally compatible with surrounding uses, connectivity and buffering issues can be handled at the time of site planning. However, it is important to note that the City's Land Development Regulations have setback requirements for non - residential uses adjacent to residential zoning districts. Current City Code requires a 75 foot setback in addition to standard side and rear setbacks (Section 75 -153) along the portion of the non- residential parcel abutting residential property. In the case of this proposal, this additional setback would be required along the entire east side of the property. TABLE 1. EXISTING ZONING AND LAND USE DESIGNATIONS EXISTING USE ZONING FUTURE LAND USE Subject Property Residential Medium (RM) Residential Medium (RM) Vacant North Public or Institutional (P /I); Public (P); Unincorporated — Vacant (City property); Unincorporated — Utilities Utilities Utilities (Seacoast water treatment plant) South General Commercial (CG 1) Commercial (C) within Commercial (Walgreens, within Northlake Boulevard Northlake Boulevard Overlay Pollo Tropical, & AT &T Overlay Zone (NBOZ) Zone (NBOZ) retail buildings) East Unincorporated — Residential Unincorporated — Residential Unincorporated — Residential Medium (RM)* High (HR -12) (Hilltop Mobile Home Park) *Previously Residential High <RH> West Canal; Public or Institutional Canal; Public (P); Recreation C -17 Canal right -of -way (P /I) Open Space (ROS) (340 feet wide); middle school; park Petition #: REZN -09 -03- 000006 Meeting date: January 7, 2010 Ordinance 25, 2009 Page 4 of 7 CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN The proposed Future Land Use Map amendment for the subject property is consistent with the City's adopted Comprehensive Plan, as detailed in the corresponding staff report (Ordinance 24, 2009; CPMA- 09 -03- 000011). This proposed zoning designation is consistent with the Commercial (C) land use designation. LEVEL OF SERVICE ANALYSIS The applicant has demonstrated that the proposed Future Land Use Category of Commercial (C) meets the Level of Service (LOS) standards established in the City's Comprehensive Plan. There were no direct, adverse impacts on the adopted LOS standards for water, sewer, solid waste, police and fire services, or traffic. The LOS analysis is provided in detail in the staff report for the Comprehensive Plan amendment being processed concurrently with the subject rezoning petition. Since the rezoning request to CG1 is consistent with the proposed Comprehensive Plan amendment and the development impact outlined therein, there are no LOS concerns. CONCURRENCY The applicant is not requesting approval of a concurrency certificate at this time. As stated above and detailed in the corresponding staff report for the Comprehensive Plan FLUM amendment request, the proposed change to commercial use with the FLUM notation capping the amount of retail commercial space will meet the City's LOS requirements. However, the applicant will still need to meet all concurrency requirements when a site plan petition is submitted. Approval of the proposed rezoning request in no way assures the applicant that public services and facilities will be available at the time of development, nor does it vest the property for concurrency. A concurrency certificate is required to reserve capacity. Capacity reservation is granted on a first -come, first - served basis. The date and time that an applicant's concurrency certificate is issued will establish when capacity of public facilities has been granted. APPROVAL PROCESS The proposed rezoning petition is one part of the overall approval process for the subject property. The corresponding Comprehensive Plan FLUM amendment request (Ordinance 24, 2009) was approved by City Council at first reading on September 10, 2009, and transmitted to the Florida Department of Community Affairs (DCA). DCA reviewed the proposal, and issued a letter of no objection on November 30, 2009, which serves as its Objections, Recommendations, and Comments (ORC) Report. The City has 60 days to adopt the final FLUM amendment upon second reading. The second reading of the Ordinance 24, 2009 is scheduled on the January 7, 2009, Council agenda. The FLUM amendment will not be official until DCA issues a Notice of Intent to Approve (NOI), which may take up to 20 days. The effective date of Ordinance 25, 2009 (the rezoning request) will correspond to the effective date of Ordinance 24, 2009. Once the rezoning is approved and effective, the applicant can then submit a site plan request. As detailed above, a concurrency certificate will be required prior to, or at the time of, site plan Petition #: REZN-0 9-03 -000006 Meeting date: January 7, 2010 Ordinance 25, 2009 Page 5 of 7 submission. Site plan approval also requires review by the Development Review Committee, the Planning, Zoning, and Appeals Board (PZAB), and the City Council. An applicant may sometimes choose to apply for a rezoning concurrent with a site plan application. However, there is no requirement for concurrent processing and the applicant is not obligated to submit a site plan with a rezoning request. A rezoning petition shall be evaluated on its own merit. PROPOSED CONGRESS AVENUE EXTENSION The future right -of -way extension of Congress Avenue is proposed to transect the subject site on both the City's Conceptual Thoroughfare Plan and Palm Beach County's Thoroughfare Right -of- Way Identification Map. There is no assurance or timeframe for completion of the roadway extension at this time. However, based on the best information available, the Congress Avenue extension will eventually connect Northlake Boulevard to Alternate AIA through the subject site. The proposed alignment (see attached maps) divides the subject property into a 7.76 acre parcel on the east side of the right -of -way and a 12.92 acre parcel on the west side. The proposed Congress Avenue right -of -way will be approximately 2.48 acres in size, and is planned to be a four -lane divided roadway. An alignment study was initially conducted by the County in August 2001. It was modified in January 2006, and the northern segment was again modified in February 2007. The Board of County Commissioners (BOCC) approved the alignment of the southern portion of the Congress Avenue extension (which transects the subject property and passes through the northeast corner of the City's property directly north of the subject site), but did not approve the alignment of the northern portion of the extension (from the City property boundary through the existing mobile home park and connecting to Richard Road). The BOCC decided that further study of this area was needed, especially since it would require residential displacement. Completion of the southern alignment of the Congress Avenue extension (without completion of the northern portion) would allow for linkage to Alternate AIA through a temporary connection to Park Avenue, north to Richard Road, which then connects east to Alternate A1A. Currently, there is no timeframe for construction of the southern or northern portions of the Congress Avenue extension. There is also no funding allocated for construction or design of the extension within the County's Five Year Road Program. The owner of the subject property will be obligated to dedicate the required right -of -way for the southern portion of the Congress Avenue extension. STAFF ANALYSIS Several standard zoning districts are allowed within the proposed Commercial (C) future land use designation, including: Neighborhood Commercial (CN), General Commercial (CGI), Intensive Commercial (CG2), and Commercial Recreation (CR). The applicant is requesting CG1. Staff contends that CG1 and CN could both be considered appropriate zoning districts for the site. CG2 and CR are not appropriate zoning districts for the subject site. CG2 zoning districts allow Petition #: REZN -09 -03- 000006 Meeting date: January 7, 2010 Ordinance 25, 2009 Page 6 of 7 more intensive commercial uses and are primarily oriented to major arterials. CR is a limited zoning district specifically utilized for commercial recreation facilities, transient lodging, and cultural facilities. Both CN and CG1 provide for retail goods and services to satisfy surrounding residential neighborhoods. CG1 provides a wider range of retail goods and services, and thus affords more flexibility than CN. CN zoning is designed to be small and conveniently located for adjacent residential areas. CN zoning is intended to be located on a collector or near the intersection of two collectors. Because the subject site is fairly isolated from residential except for the existing mobile home park to the east, it is unlikely that small neighborhood retail uses would thrive here. Most of the land in the immediate vicinity is commercial with some public uses (water treatment plant, school). CG1 is designed to serve not only adjacent residential areas, but groups of neighborhoods. CG1 districts are primarily oriented toward intersections of major thoroughfares within the City. Since Northlake Boulevard is a major thoroughfare and Congress Avenue is currently a collector, an argument can be made for either CN or CG1. However, Congress Avenue is a successful commercial corridor south of the intersection at Northlake Boulevard, and is proposed to become a four -lane divided thoroughfare connecting to Alternate A I A in future. The applicant's market study states that the site will have excellent access and visibility once Congress Avenue is extended north of Northlake Boulevard. After the extension, the subject site will have approximately 925 feet of frontage along an arterial roadway. In addition, the market study concludes that sufficient demand potential exists in the study area to support the proposed commercial space at the subject site. Because of the commercial nature of the surrounding area, the site's relative isolation from residential neighborhoods other than the adjacent mobile home park, and the future connectivity provided by the Congress Avenue extension, it is staff's opinion that CG1 is more appropriate than CN for the subject site, and gives the applicant more flexibility for future development of the site. The extension of Congress Avenue, which will transect the subject property, limits the site's future utilization as a residential development. An arterial roadway through the middle of the site will bring added traffic unfavorable to residential development. These impacts would require significant buffering, and would limit the ability to design a successful residential development. Commercial use, on the other hand, would benefit from the exposure and access provided by an arterial roadway. Amending the future land use and zoning would prepare the subject property for the planned extension, and would increase the amount of available commercial land in an urban infill area of the City. PLANNING, ZONING AND APPEALS BOARD (PZAB) RECOMMENDATION At the July 14, 2009 public hearing, the PZAB voted 6 -1 to recommend approval of the rezoning petition. Petition ##: REZN- 09 -03- 000006 Meeting date: January 7, 2010 Ordinance 25, 2009 Page 7 of 7 CITY COUNCIL ACTION At the September 10, 2009 public hearing, the City Council voted to approve Ordinance 25, 2009 on first reading. At the same meeting, Ordinance 24, 2009, regarding the Comprehensive Plan Future Land Use Map amendment to change the subject site from Residential Medium (RM) to Commercial (C), was also approved on first reading. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 25, 2009. March 1.3, 2009 Ms. Natalie Wong, AICP Current Planning Manager Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: REZONING PROCESSING REQUEST FOR HILLTOP GARDENS MHP FILE NO. 01- 013.003 Dear Ms. Wong, urban design kilda STUDIOSY Urban Planning and Design Landscape Architecture Communication Graphics Pursuant to Section 78-47 of the City's Land Development Regulations, please accept this application, on behalf of the applicant, Hilltop Residential LTD., for a rezoning associated with the Hilltop Gardens MHP project, located east of the C -17 Canal, north of Northlake Boulevard and Lychee Street, and south of the Seacoast Utility Authority's Richard Road water treatment plant. The applicant is requesting to change the residential land use and zoning of the property to Commercial (C) and General Commercial (CG1), respectively. The proposed commercial designations on the site will allow for the logical expansion of the existing commercial node at the intersection of Congress and Northlake. A commercial designation, as requested, is more appropriate for the subject site because it will allow the existing development pattern of the Congress Avenue, Northlake Boulevard and Alternate A1A corridors to be enhanced and expanded into an appropriate area. The change will also allow for more efficient development of the land area and will provide an increased tax base for the City and promote the creation of employment opportunities for the existing workforce in the area. For your review, attached are nine (9) copies of the following submission items and the filing fee: 1. Application Fee $550.00 2. Completed Development Application 3. Project Narrative 4. Owner Authorization Forms 5. Warranty Deed • 477 S. Rosemary Avenue Suite 225 - The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDKstudios.com LCC35 It is important to the applicant that the project receives a comprehensive and timely • review. Thank you with your assistance in processing this request. if you have any questions, please feel free to contact me at (561) 366 -1100. Sincerely, URBAN DESIGN KILDAY STUDIOS Marty R.A Minor, AICP Senior Project Planner Cc: Michael Debock, Standard Pacific Homes • Hilltop Gardens MHP Rezoning Request Project Narrative March 13, 2009 REQUEST urban design kilda STUDIOSY Urban Planning and Design Landscape Architecture Communication Graphics On behalf of Hilltop Residential LTD, please accept this application for a rezoning processing application associated with the Hilltop Gardens MHP project, located east of the C -17 Canal, north of the Northlake Boulevard and Lychee Street, and south of the Seacoast Utility Authority's Richard Road water treatment plant. We are seeking to have the submitted Comprehensive Plan Amendment and this Rezoning application reviewed concurrently. We believe that by having these applications reviewed concurrently it will provide a comprehensive review of all factors associated with the request and provide additional justification for the approval of both applications. LAND USE & ZONING • The land use designation of the site as shown on the City's Future Land Use Map is Residential Medium (RM). The applicant is requesting to change the land use to Commercial (C). The site currently has a zoning designation of Residential Medium (RM). The applicant is requesting to rezone the site from RM to General Commercial (CG -1). The Future Land Use and Zoning for the property must be consistent in order for the redevelopment of the site and the potential economic benefits of the project to be realized. The zoning and land use designations of adjacent properties are as follows: ZONING CLASSIFICATION AND LAND USE DESIGNATIONS OF ADJACENT PROPERTIES EXISTING :USE.;': = ZONING ;.: LAND Hilltop Gardens MHP Vacant (former non - conforming mobile home ark Residential Medium (RM) Residential Medium (RM) North City-owned vacant property Public or Institutional P/I Public P) • 477 S. Rosemary Avenue Suite 225 - The Lofts at CityPlace West Palm Beach, FL 33401 661.366A 100 561.366.1111 fax www.UDKstudios.com LCC35 Seacoast Utility Authority Public Ownership (PO) Transportation and Utilities Richard water treatment plant (U/T) (Unincorporated Palm Beach County) South Pep Boys, Applebee's General Commercial (CG1) Commercial (C) Neighborhood Grill, Walgreens, Polio Tropical, and Professional Office East Hilltop Park MHP Medium Residential (RM) High Residential —12 units (Unincorporated Palm Beach per acre (HR -12) Count West Lake Catherine Sportsplex Public or Institutional (P /1) Recreation Open Space Park ROS Howell L. Watkins Middle Public or Institutional (P /1) Public (P) School PROJECT DESCRIPTION The Hilltop Gardens MHP is a vacant site that was formerly a non - conforming mobile home park consisting of approximately 160 sites. As discussed above, the applicant is requesting to IS change the land use and zoning of the property to Commercial (C) and General Commercial (CG -1), respectively. This request is to allow General Commercial (CG -1) on the site. While no specific uses are known or proposed at this time, the designation of the site as General Commercial is a critical first step to being able to market the site for commercial development. The site will be accessed by the planned extension of Congress Avenue. As identified on the City and Palm Beach County's Conceptual Thoroughfare Plan, Congress Avenue is planned to extend from its current northern terminus at Northlake Boulevard north through the site and ultimately connecting with Richard Road and the crossing of the Florida East Coast railway. This extension represents the continuation and completion of the Congress Avenue corridor, which is a major north -south thoroughfare in the county. As the new roadway will bisect this property, the result will be two parcels on either side of Congress Avenue. The east parcel will be approximately 7.76 acres in size with the west parcel being approximately 12.92 acres. Providing for commercial uses in this location will allow for the expansion of the existing commercial node at the intersection of Congress and Northlake. A General Commercial zoning designation, as requested, is more appropriate for the subject site because it will allow the existing development pattern of the Congress Avenue, Northlake Boulevard and Alternate A1A corridors to be enhanced and expanded. The ultimate commercial development on the site will provide an increased tax base for the City and promote the creation of employment opportunities for the existing workforce in the area. 0�w 4% EXECUTIVE OFFICE March 18, 2009 Seacoast Utility Authority Mr. Marty Minor Urban Design Kilday Studios 477 So. Rosemary Avenue West Palm Beach FL 33401 Re: Hilltop Gardens MW Dear Mr. Minor: Mailing Address: P.O. Box 109602 Palm Beach Gardens, Florida 33410.9602 FAX 366.1100 This letter is in response to your recently submitted property questionnaire requesting service availability information for the proposed commercial space of a maximum of 630,666 square feet . The calculations are based on the information in your property questionnaire and are subject to change if plans indicate otherwise: i.e. medical buildings, restaurants, beauty salons, etc. The referenced project lies within the water and sewer service area of Seacoast Utility Authority. • This will confirm the current status of water and wastewater capacity and commitments for Seacoast Utility Authority (Million Gallons Per Day): Capacity Committed and This Balance In Use Project Balance Water 19.70 17.050 .080 2.570 Sewer 12.00 7.586 .063 4.351 Please note that this statement reflects conditions as of this date; no guarantee of capacity availability in the future is expressed or implied, and no capacity has been swerved for the referenced project. Connection Fees: 630,600 sf x .1 gpd= 63,066.60 gpd , 275 =229.333 ERCs x $2,700.00 = $619,199.10. 50% of the connection fees are due at the time of signing the Developer Agreement. The remaining connection fees are due when the meter /meters are requested, Administration Fees: The administrative fee is 4% of the connection fees ($619,199.10 x:.04 = $24,767.96) and is due at the time preliminary plans are submitted for review. 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2196 Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627.2900 / FAX (561) 624 -2839 www.sua.com Mr. Marty Minor March 18, 2009 Page 2 Capacity Reservation: 229.333 ERCs x $386.88= $88,724.35. 100% of the capacity reservation fee is due at the time of signing the Developer's Agreement and annually thereafter until the meter/ meters are set. A pre- engmecring meeting is required to be held for this project. Please contact John Callaghan at extension 413 at this office to set up this meeting to discuss the water and sewer requirements. We encourage the project owner, architect, engineer and all other interested parties to be present at this meeting as well. Should you have any questions, please feel free to cal me at extension 305. Sincerely. SEACOAST UTILITY AUTHORITY rl Dee Giles Developer Agreement Coordinator cc: Michael Debock Bruce Gregg Jim Lance John Callaghan ft gg oz O H W `n 2 Gk Z rr�rFl � QY tl� N iR PG e�e m W mEE� y� o U z > Qa: a X H :D W w v) O wr � a wZ 00 U CD N Z'Nr> P W MyW m 4 mm m '`P�FQ W tldA 3490Nd (7 mss C /� ^J a�piXENW PAS a '3AV SSIINDNOJ Z N Yi E d m LLJ 0 III,J m� o - Ld y oo Oa_ L m HEEL_ x J �Ti "oz E5m`°"° - EE Ema co n`oc$�cz mom5 °ixEo'RoN�° x8e�5 a� i' �.� .moo" €o�u mnu 7 ° Y• ° c$;y�Eycoo$.s° N m wu. W io as yEd�A'mR �L .4"c� E6 iw °m �C cGu Eo pit O -- °Rntmc ° °boo w °� `$ ae rd o$ a �= Efrd HE S W �° > -°$R w = °� �o35 J au uEnm..o$ °ua'e� °Efin�g <u �o ut� ft "__ 9pVE£ YD1M ov�oa JVHH w'2va ianm ' �y xxOHI.'SH.LVIOOSSV vr'x -HOHOS 'fi % INl .sasxs HV I3VHOIY�i r Q„ rxr G• C 0 u3.a�Ju g G12 A3AMS ),HVaNnoo NOI1 dl21]534 dHW SN30Hd9 d0111H N iN a 10 !SV3 2, = �E��n� \\ ? Y U a W O'r °wr °nN Z o ie ii S: &o I zoa �� I I in n II m-rza�T' I 10)3,IE 9E095££'iLSG - - -- - -w -- pp ii % INl .sasxs = rIL===== -------------- 1--=- Q G• C - - —_ -- g G12 1�eo °d eo ami win'oi UI w,019zAYN IaI Z,BAZ.BeM UI,Of "a- - -' r - — aaX-AX — w ag — — — — — f 4 r � -'p =wg _ _ 1111 (a3anl ]Nl ION) 10 !SV3 2, = �E��n� \\ ? Y U a W O'r °wr °nN Z o ie ii S: &o I zoa �� I I in n II m-rza�T' I 10)3,IE 9E095££'iLSG - - -- - -w -- pp ii % INl .sasxs = rIL===== -------------- 1--=- Q - - —_ -- Si - II•fI�II -,_ -'p =wg _ _ 1111 - llllL----- 3Z4 01" 1 3NV1 V V M.9Y,Z2.99N LL L!I a� III 4a z s s a ,0 3Nliis'.3 =fu =• LL- Q III IN �$ i S S -I �JO Uwe III AI � 0 of m +:a,• ,. mm Wa Ali& rN Aid A* u li'4 • A= ZA61 gy 14 $NIP ilk ORA **G z ps" P. 0 0 0 U :r V/ u r - « 8 � IS~ 'I C7 {' SRUo ■II em II 00 00 c. v y r a mow PC r .po � o, 8 t.. 4. y 00 00 mN-z oo Ei C' _ �.. F-t� b 0 d I[= 0 o qR PA � 7 t �f i n i(2 �,ti— F w Imo' 1 ORDINANCE 25, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA REZONING ONE (1) PARCEL OF 6 REAL PROPERTY COMPRISING APPROXIMATELY TWENTY - 7 THREE AND 16/100 (23.16 +) ACRES, MORE OR LESS, IN SIZE; 8 SUCH PARCEL BEING LOCATED NORTH OF NORTHLAKE 9 BOULEVARD, EAST OF THE C -17 CANAL, SOUTH OF THE 10 SEACOAST UTILITY RICHARD ROAD PLANT, AND WEST OF THE 11 HILLTOP PARK MOBILE HOME PARK, INFORMALLY KNOWN AS 12 "HILLTOP GARDENS "; FROM RESIDENTIAL MEDIUM (RM) TO 13 COMMERCIAL GENERAL (CG1) ZONING DISTRICT; PROVIDING 14 THAT THE CITY ZONING DISTRICT MAP BE REVISED 15 ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE AND A 16 SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; 17 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 18 19 20 WHEREAS, the City received application REZN- 09 -03- 000006 from Marty Minor 21 of Urban Design Kilday, on behalf of Hilltop Residential, LTD, for approval of a rezoning 22 to General Commercial (CG -1) zoning district on the 23.16 -acre parcel, generally know 23 as "Hilltop Gardens," as more particularly described herein; and 24 25 WHEREAS, the City received application CPMA- 09 -03- 000011 from Marty 26 Minor, on behalf of Hilltop Residential LTD, for approval of a Comprehensive Plan future 27 land use map amendment to Commercial (C) future land use designation on the 23.16- 28 acre parcel, generally known as "Hilltop Gardens," as more particularly described 29 herein, concurrent with the subject rezoning amendment; and 30 31 WHEREAS, the City Council approved a large -scale Future Land Use Map 32 amendment designating the subject site Commercial (C) on January 7, 2010, through 33 the adoption of Ordinance 24, 2009. 34 35 WHEREAS, the Growth Management Department has reviewed said application, 36 and has determined that the subject rezoning is consistent with the City's 37 Comprehensive Plan and Land Development Regulations and has recommended 38 approval; and 39 40 WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on 41 July 14, 2009, and has recommended approval of the rezoning to the City Council with 42 a vote of 6 -1; and 43 44 45 46 47 Ordinance 25, 2009 1 WHEREAS, the City Council, as the governing body of the City of Palm Beach 2 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 3 Statutes, and the City's Land Development Regulations, is authorized and empowered 4 to consider petitions related to zoning and land development orders; and 5 6 WHEREAS, the City Council has considered the evidence and testimony 7 presented by the Applicant and other interested parties and the recommendations of the 8 various City of Palm Beach Gardens and Palm Beach County review agencies and 9 staff; and 10 11 WHEREAS, the City Council has determined that adoption of this Ordinance is in 12 the best interests of the citizens and residents of the City of Palm Beach Gardens, 13 Florida; and 14 15 WHEREAS, the City Council has determined that this Ordinance is consistent 16 with the City's Comprehensive Plan based on the following findings of fact: 17 18 1. The proposed rezoning of General Commercial (CG -1) is consistent with the 19 future land -use designation of Commercial (C). 20 21 2. The proposed rezoning is in harmony with the general purpose and intent of 22 the Comprehensive Plan and the Land Development Regulations, and is 23 compatible with the intensity and density of the surrounding, existing, and 24 future land uses. 25 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF PALM BEACH GARDENS, FLORIDA that: 29 30 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 31 32 SECTION 2. One (1) parcel of real property located within the corporate limits of 33 the City of Palm Beach Gardens, comprising a total of approximately twenty -three and 34 16/100 (23.16 ±) acres, more or less, in size located generally north of Northlake 35 Boulevard, east of the C -17 Canal, south of the Seacoast Utility Richard Road Plant, 36 and west of the Hilltop Park Mobile Home Park, informally known as "Hilltop Gardens," 37 and currently zoned RM — Residential Medium District according to the City of Palm 38 Beach Gardens Zoning Map, is hereby zoned CG1 — Commercial General District and 39 is legally described as follows: 40 41 See Exhibit "A" for Legal Description 42 43 SECTION 3. The City Zoning Map is hereby amended to conform to this 44 Ordinance, and the City Manager is hereby authorized and directed to make appropriate 45 changes to the zoning district map of the City. 46 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 25, 2009 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 Ordinance shall become effective immediately upon the date a final order is issued by the Department of Community Affairs or Administration Commission finding Ordinance 24, 2009 in compliance in accordance with Section 163.3184(1)(b), Florida Statutes, whichever is applicable. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. (The remainder of this page intentionally left blank) 3 Ordinance 25, 2009 1 PASSED this /0 :—�m day of 561'A isM , 2009, upon first reading. 2 3 PASSED AND ADOPTED this day of 2010, upon 4 second and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 BY: 10 Joseph R. Russo, Mayor 11 12 13 David Levy, Vice Mayor 14 15 16 Eric Jablin, Councilmember 17 18 19 Jody Barnett, Councilmember 20 21 22 Robert G. Premuroso, Councilmember 23 24 25 ATTEST: 26 27 28 BY: 29 Patricia Snider, CMC, City Clerk 30 31 APPROVED AS TO FORM AND 32 LEGAL SUFFICIENCY 33 34 35 BY: 36 R. Max Lohman, City Attorney 37 38 39 40 41 42 43 44 45 46 47 G: \attorney_share \ORDINANCES\2009 \Ordinance 25 2009 - hilltop gardens rezoning.doc 4 EXHIBIT A LEGAL DESCRIPTION: PARCEL 1: Ordinance 25, 2009 A PARCEL OF LAND SITUATED IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 01 °35'11" EAST, ALONG THE EAST LINE OF SAID SECTION 18, (THE EAST LINE OF THE SOUTHEAST QUARTER (SE %) OF SAID SECTION 18 IS ASSUMED TO BEAR NORTH 01 035'11" EAST AND ALL OTHER BEARINGS REFERENCED HEREIN ARE RELATIVE THERETO), A DISTANCE OF 467.00 FEET TO A POINT IN THE NORTH LINE OF THE SOUTH 467.00 FEET OF SAID SECTION. SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE NORTH 01 °35'11" EAST, ALONG SAID EAST LINE, A DISTANCE OF 866.86 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF (S Y) OF THE SOUTHEAST QUARTER (SE %) OF SAID SECTION 18; THENCE NORTH 88 °33'12" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 663.32 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE 1/) OF THE NORTHEAST QUARTER (NE %) OF THE SOUTHEAST QUARTER (SE %) OF SAID SECTION 18; THENCE NORTH 01 036'03" EAST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (SE'/) OF THE NORTHEAST QUARTER (NE ' /a) OF THE SOUTHEAST QUARTER (SE %) OF SAID SECTION 18, A DISTANCE OF 666.27 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 88 °36'37" WEST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER (SW %) OF THE NORTHEAST QUARTER (NE %) OF THE SOUTHEAST QUARTER (SE '/4) OF SAID SECTION 18, A DISTANCE OF 113.83 FEET TO THE EAST RIGHT -OF- WAY LINE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S C -17 CANAL; THENCE SOUTH 12 °26'29" WEST, ALONG SAID CANAL RIGHT -OF -WAY, A DISTANCE OF 1573.76 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 453.00 FEET OF SAID SECTION; THENCE SOUTH 88 °26'21" EAST, ALONG SAID NORTH LINE, DEPARTING FROM SAID CANAL RIGHT -OF -WAY, A DISTANCE OF 973.35 FEET TO A POINT ON A LINE LYING 100.00 FEET WESTERLY OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 18; THENCE NORTH 01 °35'11" EAST, ALONG SAID LINE, A DISTANCE OF 14.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 467.00 FEET OF SAID SECTION; THENCE SOUTH 88 °26'21" EAST, ALONG SAID LINE, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. Ordinance 25, 2009 PARCEL 2: A PARCEL OF LAND SITUATED IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 147.58 FEET OF THE WEST 147.58 FEET OF THE SOUTHEAST QUARTER (SE ' /.) OF THE NORTHEAST QUARTER (NE %) OF THE SOUTHEAST QUARTER (SE' /4) OF SAID SECTION 18. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY AND CONTAINING 1,008,980 SQUARE FEET (23.163 ACRES), MORE OR LESS. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Subject/Agenda Item: LDRA- 09 -05- 000022: Code Amendment to Land Development Regulations Chapter 78, relating to subdivisions and plats Second Reading and Adoption Hearing: A City- initiated request to amend the Palm Beach Gardens Land Development Regulations to: (1) Clarify the application review process for subdivisions and plats; (2) Amend all sections relating to subdivisions and plats in order to provide consistency within the various sections; and (3) Create a new review process for Technical Compliance Certification. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY If Reviewed Originating Dept.: Finance Dept.: Council Action: 1by: Growth Manage em- N/A [ ] Approval City Attorn Project Allan Owens [ ] Approval w/ conds. R. Max Lo q• Manager g Administrator [ ]Denial Development Compliance Richard J. arrero [N /A] Continued NA Senior Planner Senior Accountant: N/A to: Bahareh Wolfs, AICP [ ] Quasi- Judicial Growth Manage c [ X ] Legislative Tresha Thomas Administrator [ X ] Public Hearing Fees Paid: [ ] Yes Kara Irwin, AICP Advertised: Attachments: Date: 12.23.09 Funding Source: • Subdivision and plat Pland in ger Paper: PB Post requirements XWong, [ X l Re Required ]Operating • Ordinance 36, 2009 Nata e AICP Affected parties: [X] Other NA Approved By: [ X ] N/A City Manager: Budget Acct. #: NA Ronald M. f&lhs Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 2 of 20 EXECUTIVE SUMMARY The subject request is a City- initiated request to amend the requirements contained within Chapter 78 of the Land Development Regulations (LDRs) relating to subdivisions and plats. The proposed amendment would provide for the following: (1) Clarify the application review process for subdivisions and plats. • Amending various sections to reflect that plats are reviewed and approved by City Council. • Creating specific criteria for platting exceptions. (2) Amend all sections relating to subdivisions and plats in order to provide consistency within the various sections. • Updating the language in the various sections to include references to engineering plans. • Creating a new section that cross - references other sections that contain subdivision and platting requirements. (3) Create a new review process for Technical Compliance Certification. • Staff has expanded and further clarified those requirements for a boundary plat. During the plat approval process, staff has created technical compliance approval certification, which would allow for certain limited permits to be issued while the plat circulates for signatures and corporate seals. Currently, our existing Code requires that the plat be approved prior to approval of a building permit, which results in a severe lag time between project approval and plat approval. The plat approval process has been further clarified and updated. PROPOSED CITY CODE AMENDMENT Staff recommends approval of a text amendment to the following Code Sections: (Deletions are str-uek, new language is underlined): Sec. 78 -43. Review of applications for development order approval. (a) Compliance. Applications for development order approval shall be reviewed as indicated in Table 1 and comply with all requirements of this chapter. (1) Development review schedule. Review of all applications for development order approval shall be consistent with the requirements of Table 2. (2) Public hearings and workshops. All applications for development orders to consider rezonings, major conditional uses, development order amendments, and land development regulations text amendments shall be subject to an advertised public hearing by the planning, zoning, and appeals board and the city council. Prior to scheduling a public hearing, the growth management department staff may schedule one or more workshops to review the application with the planning, zoning, and appeals board. (3) Joint workshops. The city manager may schedule a joint planning, zoning, and appeals Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 3 of 20 board/city council workshop to review any development order application of such size, nature, or complexity as to require timely consideration and direction from both bodies. (b) Planning, zoning and appeals board workshops and public hearings. (1) Workshops. The planning, zoning and appeals board may consider the comments and recommendations from the development review committee and growth management department staff at one or more workshop meetings. (The remainder of this page left intentionally blank) Table 1: Development Order Review TABLE INSET: Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 4 of 20 Notes: Staff A= Advisory Review DRC= Development Review Committee Blank =Not Applicable DO= Development Order C= Completeness Review ✓= Technical Review CC =City Council 14; = Decision Making Authority D= Discretionary per Growth Management Director PZAB = Planning, Zoning and Appeals Board Development Order Application Staff DRC PZAB CC Rezoning, Standard C ✓ A H Rezoning, Overlay (including PCD and PUD) C ✓ A H Rezoning, Planned Development Area C ✓ A H Major Conditional Use C ✓ A H Minor Conditional Use C H Variance C D {-j- ❑ LDR Text Amendment C A H Site Plan Review, Major C ✓ A H Site Plan Review, Minor C ✓ H0 Site Plan Review, Administrative C/H Subdivision* C ✓ A A/H Plat* C A A/H DO Change, Non - Administrative C ✓ A H DO Change, Administrative C/f } 0 *See Division 10, Article 5 of this Chapter. [Note: This section was amended to clarify variances to the platting code are reviewed by PZAB.] Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 5 of 20 Sec. 78 -421. Policy. (a) Comprehensive plan. The subdivision of land and the subsequent development of the subdivided property shall be consistent with the city's comprehensive plan. (b) Concurrency. Any subdivision of land, as defined in these regulations, shall comply with the concurrency requirements of division 3 of article III. (c) Other requirements. This division shall supplement and facilitate the enforcement of the provisions and standards contained in the city's building and housing codes, the land development regulations, and the capital facilities element of the city's comprehensive plan. The standards and provisions of this division shall apply equally to the subdivision of land and creation of boundary plats. (d) Prior subdivisions. Land that has been subdivided prior to August 18, 1994, should, whenever possible, be brought into conformance with the standards of this division. (Ord. No. 17- 2000, § 209, 7- 20 -00) Sec. 78 -422. Purpose and intent. The purpose and intent of this division is to protect the public health, safety, and welfare by ensuring compliance with the standards and criteria listed below. (a) Health, safety, and welfare. Protect and provide for the public health, safety and general welfare of the city. (b) Future growth. Assist with guiding the future growth and development of the city consistent with the adopted comprehensive plan. (c) Light, air, and privacy. Provide for adequate light, air, and privacy. (d) Public safety. Secure safety from fire, flood, and other danger, and to prevent overcrowding of the land. (e) Orderly development. Protect the character of the city and encourage the orderly and aesthetic development of the city. (f) Protect property values. Protect and conserve the value of land, buildings, and improvements, and minimize conflicts among uses of land and buildings. (g) Public facilities. Ensure the adequate and efficient provision of public facilities, such as transportation, potable water supply, wastewater collection and treatment, drainage, surface water management, solid waste, parks and recreation, are available concurrent with impacts of development. Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 6 of 20 (h) Conflicts. Avoid traffic congestion on streets, and eliminate conflicts between pedestrian and vehicular movements. (i) Design standards. Establish reasonable standards of design and procedures for subdivisions and resubdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions of subdivided land. 0) Cost of new development. Ensure that new development will be required to bear its fair share of the cost of providing the public facilities and services needed at the time of development. (k) Natural resource protection. Prevent the pollution of air and water resources; ensure the adequacy of surface water management facilities; safeguard the groundwater resources; and encourage the conservation, protection and management of natural resources. (1) Open space and recreation. Provide for open spaces and passive or active recreation facilities through efficient design and layout of subdivisions. (m) Prevention. Prevent the premature subdivision of lands, and partial or incomplete subdivisions. (Ord. No. 17 -2000, § 210, 7- 20 -00) Sec. 78 -423. Authority. The city council is vested with the authority to review and approve, conditionally approve, or deny subdivision plats. (Ord. No. 17 -2000, § 211, 7- 20 -00) Sec. 78 -424. Jurisdiction. (a) Application. This division applies to all subdivisions of land, as set forth in subdivision II of this division and all lands which are the subject of an approved development order. (b) Plat approval required. Land within the city shall not be subdivided or developed through the use of any legal description, other than with reference to a plat approved by the city council in accordance with this division. (c) Effective date. The requirements of this division are effective as of August 18, 1994. All applications for subdivision approval which were accepted as complete prior to August 18, 1994, shall be subject to the requirements of the subdivision regulations in effect at the time of submittal. However, the city council may determine that the application of this division is necessary to avoid a substantial risk of injury to public health, safety, and general welfare. (Ord. No. 17 -2000, § 212, 7- 20 -00) Sec. 78 -425. Interpretations and conflicts. Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 7 of 20 (a) Interpretation. In their interpretation and application, the provisions of this division shall be the minimum requirements for the promotion of the public health, safety, and general welfare. The regulations in this division shall be construed broadly to promote the purposes for which they are adopted. (b) Conflict with other public provisions. This division is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law, except as provided in this division. Where any provision of this division establishes restrictions different from those established by any other provision of this division or any other ordinance, rule, regulation, or other provision of law, the provision which is more restrictive or imposes higher standards shall control. (Ord. No. 17 -2000, § 213, 7- 20 -00) Sec. 78 -426. Variances. Requests for a variance from one or more provisions of this division shall be reviewed by the BZ4 planning zoning, and appeals board (PZAB) pursuant to section 78 -53. (Ord. No. 17 -2000, § 214, 7- 20 -00) [Note: This section was amended to reflect the correct name of the PZAB, which has jurisdiction over variance approval.] Sec. 78 -427. Enforcement, violations and penalties. (a) Enforcement and prohibited acts. Violations of this division shall be enforced as provided in article VII. (b) Prohibited acts. (1) Plat approval required. a. It shall be unlawful to transfer or sell any parcel of land located in a proposed land development project or subdivision before a plat of the project or subdivision has been approved by the city council and recorded with the clerk of the circuit court of the county. b. If a parcel of land is to be developed other than as a subdivision, a beundai5 plat shall be prepared, approved by the city council, and recorded with the Clerk of the Circuit Court of Palm Beach County. All applicable permits and required agreements from other agencies to undertake the proposed land development shall be obtained prior to presenting a proposed plat for approval by the city council. c. Any plat or plats for a proposed development or subdivision must be approved by the city council prior to issuing a building permit to commence site construction for any vertical construction. (2) Metes and bounds. The subdivision of any lot or any parcel of land by the use of metes and bounds description for the purpose of sale, transfer, lease, or development is prohibited, except asset forth in Section 78 -592. Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 8 of 20 (3) Permits and certificates of occupancy. Building permits or certificates of occupancy shall not be issued for the construction or occupancy of any building or structure located on a lot or plat subdivided or sold in violation of this division. (4) Recordation. A plat shall not be offered for recording by the clerk of the circuit court of the county until the plat has been approved by the city council and signed by the city engineer. (5) Misrepresentation. A property owner or agent for the property owner shall not falsely represent to a prospective purchaser of real estate that roads and streets, wastewater systems, water supply systems, surface water management facilities, or other public facilities will be built, constructed, or maintained by the city. (c) Remedies. Violation of this division shall be enforced pursuant to article VII. Each day the violation continues shall constitute a separate offense. The city council shall have recourse to other remedies in law and equity as may be necessary to ensure compliance with this division. (Ord. No. 17 -2000, § 215, 7- 20 -00) [Note: This section was amended to provide for internal code consistency since the subdivision regulations currently allow metes and bounds subdivisions in Section 78 -592.1 Sec. 78 -428. Exceptions. ■Y. - (a ) Pre - application meeting. The developer /property owner shall submit a pre - application in the manner prescribed in this chapter. The growth management department and the city engineer shall review the pre- application to determine if the pre - application satisfies the requirements for a platting exception, as set forth herein below. If the pre - application qualifies for a platting excpption the developer /property may apply for approval of a platting excqption. (b) Applicability. No subdivision, PUD, PCD or site plan shall be platted or recorded nor shall any building_ permit be issued unless such subdivision meets all the provisions of this chapter and those of any gapplicable laws of the State of Florida, and has been approved in accordance with the requirements as herein set forth, except that the following shall be exempt and not subject to the platting requirement of this chapter. (1) The combination or recombination of portions of previously platted lots where no new parcels or residual parcels result in lots of less area, width, or depth than the original platted lots or the existing_rgplatted lots, where no new street is created and where all current district regulations can be met for the zoning district in which the property is located. Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 9 of 20 (2) The sale or exchange of parcels, of land to or between adjoining _property owners where such sale or exchange does not create additional lots and does not reduce any lot to area less than the zoning district in which the property is located permits, and no dedications or improvements are required under this chapter. (3) The division of real estate property is for the conveyance of land to a federal, state, county or municipal govennmental agency, entity, political subdivision or a public utility, as defined herein. (4) The division of land into parcels of more than ten acres not involving the need to create any new access, change in existing access, public easements, utility easements, or public infrastructure improvements is not to be deemed a subdivision within the meaning of these regulations. (c) Process. Applications for Platting exceptions shall be processed as plat applications to the city council and shall require the applicable fees. Sec. 78 -429. Requirements in lieu of platting. If, in accordance with section 78 -428, platting is not required a certified survey shall be submitted to the growth management department along with the application for the platting exception prior to city council review. The city council shall reserve the right to require deeded rights-of-way and easements, reservations or improvements required in connection with platting under this chapter, including the posting of a performance and maintenance bond, as may be necessary to carry out the intent and purpose of this chapter. [Note: This section was amended to provide specific exceptions to the requirements for platting. Exception (4) is already listed in the City's LDRs under Section 78 -428 and is being relocated to a more appropriate location.] Sec. 78 -430. Other requirements for platting, (a) Other platting sections. In addition to those provisions contained herein, the following sections shall also apply to subdivisions and platting. (1) See Sec. 78 -43, Table 1, for plat and subdivision development order review (2) See Sec. 78 -572 for requirements for dedication of lands for recreational puposes (3) See 78 -575 for dedication of land for other public uses (4) See Sec. 78 -591 for preservation requirements for environmentally significant lands (5) See Sec. 78 -592 for metes and bounds subdivision requirements. (6) See Sec. 78 -593 for plat vacation requirements. [Note: This section was created to cross - reference other sections pertaining to platting so that Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 10 of 20 all are listed together under one section.] 78- 43149 - -78 -440. Reserved. Subdivision H. Application Procedure and Approval Process Sec. 78 -441. General application procedure. (a) Plan and plat approval required. Before any land is subdivided, the owner of the property proposed to be subdivided or owner's authorized agency shall apply for and secure approval of the items listed below: (1) Subdivision plan; (2) Engineering Censtfuefien plans; and (3) Plat. (b) Coordination with other development order applications. Plat approval of the subdivision of land shall be required whenever an application for development approval includes or anticipates the subdivision of land. Upon city council approval of a PUD, PCD site plan, conditional use, or other development order necessitating a subdivision, an applicant shall proceed with the preparation of the plat and en 'nga eering eenstraetien plans for the area to be subdivided, as described in these regulations, unless modified by the city council for a PUD or PCD. (c) Boundary plat required. All lands not otherwise subdivided which are the subject of an approved development order shall be designated by a boundary plat. The boundary plat shall be approved by the city council and recorded in the official records of the county prior to the issuance of a building permit for the subject property. If the property contained within the boundM plat is part of an approved subdivision plan, no vertical construction shall be permitted until the propgjy prop . within the boundary plat is properly subdivided by re-plat. All development projects that provide a boundM plat shall be required to re -plat prior to any further subdivision of land. [Note: This section is amended to replace "construction" plans with "engineering" plans, which is consistent with other sections of the Code. Also, subsection c. entitled, "Boundaryplat required", was further expanded to require all property designated by a boundary plat to re- plat prior to any further subdivision of land.] Sec. 78 -442. Concurrency. All applications for subdivision approval shall comply with the concurrency requirements of division 3 of article III. (Ord. No. 17 -2000, § 218, 7- 20 -00) Sec. 78 -443. Pre - application conference. Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 11 of 20 Before preparation of subdivision plan, an applicant shall meet with the growth management department to review a proposed development, the procedure for approval of the proposed subdivision, applicable regulations, and the proposed installation of public facilities and improvements such as streets, water supply, wastewater collection and treatment, drainage, surface water management, and parks and recreation facilities. (Ord. No. 17 -2000, § 219, 7- 20 -00) Sec. 78 -444. Subdivision plan review and approval process. (a) Application procedure and requirements. The applicant shall submit a subdivision plan to the department for approval pursuant to this section below7S -4468 (1) Schedule. The applicant shall submit the required application form and information to the growth management department, and the application shall be reviewed pursuant to the schedule indicated in Table 39. Table 39: Development Review Schedule Notes: *Working days are Monday through Friday, excluding city holidays. -- = Not Applicable DRC = Development Review Committee MAX = Maximum MIN = Minimum TABLE INSET: Action Working Days* Pre - Application Meeting -- Submit Application -- Completeness Review MAX 7 Staff Decision MAX 14 DRC Review MIN 14 MAX 1 rA x�zx -arr Planning, Zoning, and Appeals Board Meeting MIN 7 City Council Workshop/Meeting MIN 23 City Council Meeting MIN 10 (2) Public meetings. All applications for development orders to consider a subdivision request may be subject to an advertised -a public hearing by the planning, zoning, and appeals board and the city council. Prior to scheduling a public hearing, the growth management department staff may schedule one or more workshops to review the application with the Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 12 of 20 planning, zoning, and appeals board or city council. (3) Joint workshops. The growth management director may schedule a joint planning, zoning, and appeals board/city council workshop to review any request for approval of a subdivision of such size, nature, or complexity as to require timely consideration and direction from both bodies. (b) Planning, zoning, and appeals board meetings or workshops. (1) Meetings or workshops. The planning, zoning, and appeals board shall consider the comments and recommendations from the development review committee and growth management department staff at a public meeting or one or more workshop meetings. (2) Request for additional information. When an application is considered by the planning, zoning, and appeals board at a workshop or public meeting, additional information regarding the application may be requested. The requested information shall be submitted by 12:00 noon at least ten working days, excluding holidays, prior to next scheduled planning, zoning, and appeals board meeting. When the additional information requires the review of any development review committee member, the information shall be submitted by 12:00 noon at least 12 working days, excluding holidays, prior to the next scheduled planning, zoning, and appeals board meeting. At the meeting when the additional information is requested, the response period may be reduced to ten working days, excluding holidays, by the planning, zoning, and appeals board. (3) Public meeting. After completion of a workshop, if scheduled, to consider an application, the growth management department staff shall schedule a public meeting to consider the application. (c) Record of proceedings. The planning, zoning, and appeals board shall hold a public meeting and shall prepare a record of the proceedings on each application for approval of a subdivision. The record shall be filed in the growth management department and shall be a public record. (d) Transmission of recommendation to city council. For each application for subdivision approval, the planning, zoning, and appeals board shall act as indicated below. (1) Recommendations. Adopt a recommendation to approve, deny, or approve with conditions. The recommendation shall be transmitted to the city council. (2) Approval. Approve, deny, or approve with conditions those development order applications subject to their jurisdiction. (e) City council consideration. (1) Workshop meeting. The city council may consider the comments and recommendations from the planning, zoning, and appeals board, the growth management department staff, and the development review committee staff at one or more workshop meetings. (2) Request for additional information. When an application has been considered by the city council Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 13 of 20 at a workshop or public meeting, additional information regarding the application may be requested. The requested information shall be submitted by 12:00 noon at least ten working days, excluding holidays, prior to the next scheduled city council meeting. When the additional information requires the review of any development review committee member, the information shall be submitted by 12:00 noon at least 12 working days, excluding holidays, prior to the next scheduled city council meeting. At the meeting when the additional information is requested, the response period may be reduced to ten working days by the city council. (3) Public meeting. After completion of a workshop or workshops to consider an application, the growth management department staff shall schedule a public meeting to consider the application. (4) City council decisions. Following the required public meeting or meetings, the city council shall approve, deny, or approve with conditions all applications for subdivision approval. For any action, the decision shall be adopted in resolution form. The resolutions adopted hereunder shall indicate the following: a. the city council decision; b. the reasons supporting the decision; c. a statement that the approval included reliance on all representations made by the applicant or applicant's agents at any workshop or public hearing; d. all conditions of approval included within the decision; and e. specific reference to all documents, including but not limited to the name of preparer, title of the document, and date of preparation of all studies, subdivision plans, plats, and materials which are the basis of or are to implemented as part of the development order approval. (f) Denial. If the subdivision plan was denied by the city council, a copy of the plan shall be returned to the applicant with reasons supporting the action of the city council within ten working days from the date of the final city council meeting at which the plan was reviewed. The applicant will have the option of revising the plan or submitting a new plan for review. Substantial changes to the revised plan or the submittal of the new plan shall require review by the planning, zoning, and appeals board and the city council. (g) Effective period of subdivision plan approval. Unless extended by the city council as provided in subsection (h) of this section, the approval of a subdivision plan shall be effective for a period of 24 months from the date that the plan is approved by the city council. (1) Required submissions. Prior to the expiration of the 24 months, the applicant must have submitted construction plans and plat for approval and secured the first building permit. (2) Failure to submit. If construction plans and plat are not submitted for approval and the first building permit is not secured within the 24 -month period, the subdivision plan approval shall be null and void. If a subdivision plan is determined to be null and void, the applicant shall be required to submit a new subdivision plan for review subject to existing zoning and subdivision regulations. Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 14 of 20 (h) Extensions of time. Prior to the expiration of the 24 -month approval period, an applicant may apply for a time extension by filing an application with the growth management department in accordance with the procedures established in division 2 of article III. (i) Zoning and subdivision regulations. A subdivision plan shall conform to the zoning, subdivision, and other land development regulations applicable at the time the proposed plan is submitted for the approval of the city. All property being subdivided shall have the appropriate zoning designation for the land uses being proposed. (Ord. No. 17- 2000, § 220, 7- 20 -00; Ord. No. 17- 2004, § 5, 6 -3 -04) [Note: This section was amended to clarify the review process and public notice requirements of platting and subdivisions.] Sec. 78 -445. Engineering Plans lans review and approval process. Upon approval of the subdivision plan by the city council, the applicant shall submit en ing eering plans eenstpaefien plans. The engineering plans eenstmetien plans must be submitted prior to or simultaneous with the plat, as described in section 78 -446 and must conform to the following requirements: (a) Engineering plans. 1 Prior to construction and platting of a subdivision four 4 sets of engineering Tans on paper, electronic medium, or other medium authorized b,. try engineer and growth management department shall be submitted to the city for review. Engineering plans shall be approved by the city prior to the construction phase and prior to plat approval. (2) The engineering plans shall be prepared by a professional engineer registered and licensed in the state of Florida. Each sheet of the engineering plans shall be signed by and shall bear the seal of such engineer. (3) Each sheet of the engineering plans shall be the same size and shall be no larger than 24 inches by 36 inches. The sheets of the engineering _ plans shall be numbered consecutively and attached together. (4) The scale of the _en 'nig ering eplans_ shall be one inch equals not more than 60 feet. (5) The engineering plans shall designate the location of all water, sewer, and reuse lines within existing easements or rights-of-way held by the city or other appropriate government agency or within proposed rights-of-way or easements as depicted on the preliminm plat. (6) The following are required to be shown on the final engineering drawings: a. The location of all proposed water, sewer, and reuse facilities, both on -site and off -site, including size and grades, main and/or line routes, line sizes, manholes, fire hydrants service connections, valves, laterals, and lift stations. Standard details for the water, sewer, and reuse systems, including type of pine, service connections, manholes, fire hydrants, and lift stations, shall be provided. The water system shall be sized so as to provide adequate fire protection in compliance with the recommendations of the National Fire Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 15 of 20 Protection Association. b. A surface and stormwater drainage system, including location and elevation of all structures and culverts with sizes and grades and typical cross sections of drainage facilities, canals, and waterways. All pertinent calculations pertaining to retention/detention areas utilizing the he applicable permitting agency's requirements shall also be included. C. Sidewalks, including location, elevations, and typical cross sections. d. Streets, including plan and profile views, typical cross sections of proposed grading, and pavement and curbing details with compaction under pavement. e. Bulkheads, if applicable. f. If deemed necessary by the city, subsurface conditions of the parcel, including the location and results of tests performed to ascertain the conditions of subsurface soil, rock, and groundwater, and the existing depth to groundwater. g. Lot grading plan. h. Cross sections showing the proposed layout for all private utilities, including electric, telephone, gas, and cable television. i. Location of all traffic control devices, markers, and required signs, including stop signs, traffic sisals, crosswalks, street signs, and the like. (7)L---_ _T_ he city staff shall review the engineering plans and shall provide written comments to the applicant regarding compliance with code requirements and the technical aspects of the plans. (8) If changes to the plans are required, four sets of revised plans shall be submitted to the city. In addition to the revised plans, the applicant shall submit written responses to the city staffs review comments. [Note: This section was amended to include requirements for the submittal of engineering plans to the City for review.] Sec. 78 -446. Plat review and approval process. (a) Generally. Where proposed development includes the subdivision of land or land development requires a boundary plat, the final approval of a subdivision plan or development permit application shall be made contingent upon subsequent approval by the city council of a plat, as applicable, conforming to the approved subdivision plan. All plats not considered boundaryplats, shall depict all other subdivisions of property in compliance with the approved development order. (b) Application requirements. During the effective period of the subdivision plan approval or planned development order approval, the applicant shall file with the city an application for approval of a plat. The application shall include the items and information listed below, in such number as required by the growth management department. All plat submittals, including boundary plat submittals shall include the following: (1) Application form. Application forms as provided by the growth management department. Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 16 of 20 (2) Fee. Payment of the required application fee and anv applicable inspection fees. (3) Area included. Indicate the entire subdivision or phase thereof which derives access from an existing state, county, or city street or highway. (4) Copies. The required number- of eepies of the plat shall be provided as required b the growth management dir-eetef-. (45) Compliance. Comply in all respects with the approved subdivision plan. (56) Surety. The development order and surety, if required, shall be provided in a form satisfactory to the city engineer, city attorney, and city manager in an amount established by these regulations. (67) State law. Demonstrate compliance with F.S. Chapter 177. (78) Additional information. Provide, in a form acceptable to the city engineer, the following documents: a. a certificate of cost estimate prepared by a registered engineer; and b. a certificate from the city and county showing up -to -date payment of city and county property taxes, and an absence of any outstanding city or county liens, assessments, or other county taxes against the property. &) Inspection fee. Payment of an inspection fee in the amount established by the city council. (94-0) Permits. Provide evidence of all permits or agreements that authorize the construction of all required improvements. (10) Boundary Plat. A boundaa 'Plat shall be reviewed and approved as provided in this subdivision. In addition to other required information, at a minimum, a boundary plat shall contain the information listed below: a. Boundary. Proposed boundaries of the plat. b. Access. Legal access to the parcel and all easements interior to the parcel. c. Easements. Utility, drainage, and other easements necessary for required iinprovements. d. Water management. Water management tracts. e. Phasing. Phasing lines or tracts affecting the parcel. f. Encumbrances. Any encumbrances of record affecting the parcel. g. Limits of anv subdivision of the property. (c) Standards for approval ofplats. The purpose of this subsection is to set forth the standards and criteria that the city shall consider in determining whether to approve or deny an application for plat approval. A plat for a proposed subdivision or boundary plat for a proposed development permit shall not be approved unless the application complies with the standards and criteria listed below. (1) Compliance. The application complies with the requirements of these regulations regarding the form and content of the plat, timely submittal, offers of dedication, and requirements of the development order. (2) Compliance with state law. The application complies with the requirements of F.S. Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 17 of 20 Chapter 177, regarding the form and content of plats offered for recording prepared by a land surveyor licensed in the state. If the city chooses to verify the survey data shown on the plat, the city shall utilize a surveyor at the expense of the applicant. (3) Surety. Adequate surety has been provided in a form acceptable to the city engineer and city attorney for the completion of required improvements in accordance with subdivision III of this division. (4) Land development regulations. The application complies in all respects to the requirements of the land development regulations of the city. (5) Subdivision plan. The plat conforms to the approved subdivision plan. (d) Plat submission and review. (1) Copies. The required number of copies of the plat shall be provided as required by the growth management director. Foul eepies of the p W on °' eetfe i ° medium, provided. other- medium authorized by the eity eagineer- and gFewth mmiagement depaAmefi4, shall be wbfait4ed to the growth management depaAment. (2) Fee. A eheek payable te the eler-k of the eir-euit eetH4 of the eetmty, in the amount of the euffent filing fee, shall be (2 -3) Review. The plat shall be reviewed by the growth management department and the development review committee to determine that the plat meets the requirements of this division. a. Plat review process. Upon receipt of a complete plat application in accordance with subsection (b) hereinabove, the plat and plat application shall be transmitted to the various reviewers. Within 14 business days of receipt of the plat application the applicant will be sent any request for additional information and comment regarding certification items. All requests for additional information or certification items must be satisfactorily addressed by the applicant prior to receiving technical compliance approval or scheduling the plat for city council approval. b. Upon determination by the department that the plat meets the requirements of this division, an original mylar of the plat, pursuant to F.S. Chapter 177, shall be transmitted to the city council for approval. C. Technical Compliance Review (TCR). TCR is review of the proposed plat in order to ensure compliance with all applicable conditions of approval, the engineering and legal requirements of this chapter, the approved final subdivision plan (including any special conditions of approval), PUD, PCD and/or site plan approvals. All plats must pass TCR prior to issuance of a land development permit and prior to submittal of the plat for recordation. d. Technical Compliance Approval (TCA). Upon successful completion of TCR the growth management director shall issue a written TCA to the applicant as part of the final plat application review process. The TCA shall contain the following conditions and information: 1. A list of the documents reviewed; Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 18 of 20 2. The amount of surety for the construction of the required improvements in accordance with the city's land development regulations; 3. Requirements for submittal of supplementary documentation deemed necessary by the city engineer, such as deeds, easements, covenants and other recording instruments creating rights or obligations for access, drainage or utility services, which rights or obligations could not be established through dedications or reservations on the plat, 4. If in the opinion of the growth management director it is determined that infrastructure installation or construction undertaken pursuant to a TCA has precipitated revisions to the engineering or plat plans, the TCA shall be automatically rendered null and void. The applicant/developer /owner shall be notified within 10 business days of such determination. All construction or work on site shall cease until such time as the necessary plans are amended and a new TCA is issued. (e) . In addifien te — �t a minimum, a betinduy plM shall- eentain the infemation listed below-. Use of Technical Compliance Approval (TCA). Technical compliance approval shall authorize the following options prior to submitting the lat: (1 ) Pr are engineering _plans, detailed cost breakdowns, and specifications for all required improvements which meet the approval of the city and install all required improvements in accordance with the approved plans and specifications. All work, as installed, shall be inspected and subject to the approval of the city. (2) TCA is not plat approval and does not constitute the authority or approval of the City for the recordation of the plat in the Public Records of Palm Beach County. TCA is not a legal subdivision or approval of the subdivision of lots and may not be used or relied upon to sell, transfer or alienate property in reference thereto. (3) If a building permit or an infrastructure permit are not obtained within one year of the date of the TCA it shall automatically become null and void and of no further force and effect. (4) Thepplicant shall obtain approval of the plat or boundaryplat within 180 calendar days from the issuance of technical compliance approval. In the event that a TCA is deemed null and void, a new plat application must be submitted along with the associated application Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 19 of 20 fees. [Note: This section was amended to provide more detail on the current requirements for submission and review of a plat. Also, provisions for obtaining technical compliance prior to plat approval have been incorporated.] STAFF ANALYSIS The proposed modifications included in the LDR text amendment are to provide consistency within the various sections pertaining to subdivisions and plats, and do not materially alter the way the City has processed platting and subdivision requests. However, a new section regarding technical compliance certification approval has been created, and additional platting exceptions have been added. Technical Compliance Technical Compliance Certification approval has been included to allow a development project to move forward with preparing engineering plans and obtaining land development permits, such as a land clearing or infrastructure permit after development order approval, and prior to plat approval. Currently, a developer would be required to obtain plat approval for the development prior to obtaining any land development permits. During this lag period the plat circulates for signatures and scheduling for the next available City Council agenda. The proposed process would streamline the development schedule and provide developer's the opportunity to begin construction of the improvements. Platting Exceptions Specific criteria has been added to Section 78 -428, entitled Exceptions, to further define the applicability, process, and requirements in -lieu of platting. The existing LDR regulations permit an exception in the event that land is subdivided into more than ten acres without the need to modify access, easements, or public infrastructure. The proposed language in the LDR amendment would allow additional exceptions that would permit land to be subdivided in certain instances. The additional exceptions would allow minor subdivisions, which do not pose any negative impacts to the City or surrounding properties, to subdivide and submit a certified survey in -lieu of a plat. PLANNING, ZONING AND APPEALS BOARD (PZAB) The Planning, Zoning and Appeals Board (PZAB) reviewed the subject petition at a public hearing on November 10, 2009, and voted 7 -0 to recommend approval to the City Council. Meeting Date: January 07, 2010 Petition: LDRA- 09 -05- 000022 Ordinance 36, 2009 Page 20 of 20 CITY COUNCIL The City Council reviewed the subject petition on December 17, 2009, and voted 5 - 0 to pass the petition onto second reading. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 36, 2009 on second reading. J 78.4 PALM BEACH GARDENS CODE Sec. 7843. Review of applications for development order appsroval. (a) Comptkme. Applications for development order approval shall be reviewed as indicated it Table 1 and comply with all requirements of this chapter. (1) Development review schedule. Review of all applications for development order appioval shall be consistent with the requirements of Table 2. (2) Public hearings and workshops. All applications for development orders to consider reLOnings, major conditional uses, development order 'amendments, and land develop- ment regulations text amendments shall be subject to an advertised public hearing by the planning, zoning, and appeals board and the city council. Prior to scheduling a public hearing, the growth management department staff may schedule one or more workshops to review the application with the planning, zoning, and appeals board. (3) Joint workshops. The city manager may schedule a. joint. planning, zoning, and appeals board/city council workshop to review any development order application of such size, nature, or complexity as to require timely consideration and direction from both bodies. (b) Planning, zoning and appeals board workshops and public hearings. (1) Workshops, The planning, zoning and appeals board may consider the comments and recommendations from the development review committee and growth management department staff at one or more workshop meetings. Table 1: Development Order Review Notes: A= Advisory Review Blank =Not Applicable C= Completeness Review CC =City Council D= Discretionary per Growth Management Director DRC= Development Review Committee D0= Development Order /= Technical Review ❑ = Decision Making Authority PZAB =Planning, Zoning and Appeals Board } JA.0 Rezoning, Standard rn C ✓ A ❑ Rezoning, Overlay (including PCD and PUD) C ✓ A ❑ Rezoning, Planned Development Area C ✓ A ❑ Major Conditional Use C ✓ A ❑ Minor Conditional Use C ❑ Variance C D ❑ Supp. No. 17 CD78:18 1 C 1�- LAND DBVELOPMENT § 78 -43 Supp. No. 17 CD78:19 , Ma Tort AraeudTAOnt C A ❑ Site Pl, u Review, Mador C ✓ A ❑ Site Plan Review, Minor C ✓ ❑ $ite Plan Review, Administrative CJ❑ Subdivision C ✓ A A Plat C ,/ A A DO Change, Non - Administrative C ✓ A ❑ DO Change, AdM'n"trative C✓❑ Supp. No. 17 CD78:19 § 78 -414 PALM BEACH GARDENS CODE Community centers 15 Game rooms 20 Libraries 15 Recreation, outdoor 20 All commercial uses not listed 5 All institutional uses not listed 5 (Ord. No. 17- 2000, § 207, 7- 20 -00) Sec. 78415. Reduction or waiver of requirements. The city council may reduce or waive the requirements in this subdivision if it determines there is insufficient need for the amount of bicycle parking required under this subdivision. (Ord. No. 17 -2000, § 208, 7- 20 -00) Secs. 78416 --78 -420. Reserved. DIVISION 10. SUBDMSIONS* Subdivision L Generally Sec. 78 -421. Policy. (a) Comprehensive plan. The subdivision of land and the subsequent development of the subdivided property shall be consistent with the city's comprehensive plan. (b) Concurrency. Any subdivision of land, as defined in these regulations, shall comply with the concurrency requirements of division 3 of article III. (c) Other requirements. This division shall supplement and facilitate the enforcement of the provisions and standards contained in the city's building and housing codes, the land development regulations, and the capital facilities element of the city's comprehensive plan. The standards and provisions of this division shall apply equally to the subdivision of land and creation of boundary plats. (d) Prior subdivisions. Land that has been subdivided prior to August 18, 1994, should, whenever possible, be brought into conformance with the standards of this division. (Ord. No. 17 -2000, § 209, 7- 20 -00) *Editor's note — Formerly, div. 9. See the editor's note ch. 78, art. V, div. 3. Supp. No. 13 CD78:310 LAND DEVELOPMENT § 78 -422 Sea. 78 -422. Purpose and intent. The purpose and intent of this division is to protect the public health, safety, and welfare by ensuring compliance with the standards and criteria listed below. (a) Health, safety, and welfare. Protect and provide for the public health, safety and general welfare of the city. (b) Future growth. Assist with guiding the future growth and development of the city consistent with the adopted comprehensive plan. (c) Light, air, and privacy. Provide for adequate light, air, and privacy. (d) Public safety. Secure safety from fire, flood, and other danger, and to prevent overcrowd- ing of the land. (e) Orderly development. Protect the character of the city and encourage the orderly and aesthetic development of the city. (f) Protect property values. Protect and conserve the value of land, buildings, and improve- ments, and minimize conflicts among uses of land and buildings. (g) Public facilities. Ensure the adequate and efficient provision of public facilities, such as transportation, potable water supply, wastewater collection. and treatment, drainage, surface water management, solid waste, parks and recreation, are available concurrent with impacts of development. (h) Conflicts. Avoid traffic congestion on streets, and eliminate conflicts between pedestrian and vehicular movements. (i) Design standards. Establish reasonable standards of design and procedures for subdi- visions and resubdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions of subdivided land. (j) Cost of new development. Ensure that new development will be required to bear its fair share of the cost of providing the public facilities and services needed at the time of development. (k) Natural resource protection. Prevent the pollution of air and water resources; ensure the adequacy of surface water management facilities; safeguard the groundwater resources; and encourage the conservation, protection and management of natural resources. (1) Open space and recreation. Provide for open spaces and passive or active recreation facilities through efficient design and layout of subdivisions. (m) Prevention. Prevent the premature subdivision of lands, and partial or incomplete subdivisions. (Ord. No. 17 -2000, $ 210, 7- 20 -00) 3upp. No. 10 CD78:311 § 78-423 PALM BEACH GARDENS CODE i � 1 Sec. 78.428. Authority. The city council is vested with the authority to review and approve, conditionally approve, or deny subdivision plats. (Ord. No. 17-2000,1211, 7- 20-00) Sea. 78.424. Jurisdiction. (a) Application. This division applies to all subdivisions of land, as set forth in subdivision II of this division and all lands which are the subject of an approved development order. (b) Plat approval required. Land within the city shall not be subdivided or developed through the use of any legal description, other than with reference to a plat approved by the city council in accordance with this division. (c) Effective date. The requirements of this division are effective as of August 18, 1994. All applications for subdivision approval which were accepted as complete prior to August 18, 1994, shall be subject to the requirements of the subdivision regulations in effect at the time of submittal. However, the city council may determine that the application of this division is necessary to avoid a substantial risk of injury to public health, safety, and general welfare. (Ord. No. 17 -2000, 1212, 7- 20-00) Sec. 78 -428. Interpretations and- conflicts. (a) Interpretation. In their interpretation and application, the provisions of this division shall be the minimum requirements for the promotion of the public health, safety, and general welfare. The regulations in this division shall be construed broadly to promote the purposes for which they are adopted. (b) Conflict with other public provisions. This division is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law, except as provided in this division. Where any provision of this division establishes restrictions different from those established by any other provision of this division or any other ordinance, rule, regulation, or other provision of law, the provision which is more restrictive or imposes higher standards shall control. (Ord. No. 17 -2000, J 213, 7- 20.00) Sec. 78 -426. Variances. Requests for a variance from one or more provisions of this division shall be reviewed by the BZA pursuant to section 78-53. (Ord. No. 17 -2000, § 214, 7- 20-00) Sec. 78-427. Enforcement, violations and penalties. (a) Enforcement and prohibited acts. Violations of this division shall be enforced as provided in article VII. J Supp. No. 10 CD78:312 LAND DEVELOPMENT § 78 -428 (b) Prohibited acts. (1) Plat approval required. a. It shall be unlawful to transfer or sell any parcel of land located in a proposed land development project or subdivision before a plat of the project or subdivision has been approved by the city council and recorded with the clerk of the circuit court of the county. b. If a parcel of land is to be developed other than as a subdivision, a boundary plat shall be prepared, approved by the city council, and recorded with the Clerk of the Circuit Court of Palm Beach County. All applicable permits and required agreements from other agencies to undertake the proposed land development shall be obtained prior to presenting a proposed plat for approval by the city council. c. Any plat or plats for a proposed development or subdivision must be approved by the city council prior to issuing a building permit to commence site construction for any vertical construction. (2) Metes and bounds. The subdivision of any lot or any parcel of land by the use of metes and bounds description for the purpose of sale, transfer, lease, or development is prohibited, unless otherwise provided herein. (3) Permits and certificates of occupancy. Building permits or certificates of occupancy 4W shall not be issued for the construction or occupancy of any building or structure located on a lot or plat subdivided or sold in violation of this division. (4) Recordation. A boundary plat or plat of a subdivision shall not be offered for recording by the clerk of the circuit court of the county until the plat has been approved by the city council and signed by the city engineer. (b) Misrepresentation. A property owner or agent for the property owner shall not falsely represent to a prospective purchaser of real estate that roads and streets, wastewater systems, water supply systems, surface water management facilities, or other public facilities will be built, constructed, or maintained by the city. (c) Remedies. Violation of this division shall be enforced pursuant to article VII. Each day the violation continues shall constitute a separate offense. The city council shall have recourse to other remedies in law and equity as may be necessary to ensure compliance with this division. (Ord. No. 17 -2000, § 216, 7- 20 -00) Sec. 78428. Exceptions. The division of land into parcels of more than ten acres not involving the need to create any new access, change in existing access, public easements, utility easements, or public infra- structure improvements is not to be deemed a subdivision within the meaning of these regulations. OL '. (Ord. No. 17 -2000, § 216, 7- 20-00) supp. No. 10 CD78:313 78 -429 PALM BEACH GARDENS CODE Secs. 78. 429 - 78.440. Reserved. Subdivision II. Application Procedure and Approval Process Sec. 78.441. General application procedure. (a) Plan and plat approval required. Before any land is subdivided, the owner of the property proposed to be subdivided or owner's authorized agency shall apply for and secure approval of the items listed below: (1) Subdivision plan; (2) Construction plans; and (3) Plat. (b) Coordination with other development order applications. Plat approval of the subdivi- sion of land shall be required whenever an application for development approval includes or anticipates the subdivision of land. Upon city council approval of a PUD, PCD site plan, conditional use, or other development. order necessitating a subdivision, an applicant shall proceed with the preparation of the plat and construction plans for the area to be subdivided, as described in these regulations, unless modified by the city council for a PUD or PCD. (c) Boundary plat required. All lands not otherwise subdivided which are the subject of an approved development order shall be designated by a boundary plat. The boundary plat shall be approved by the city council and placed in the official records of the county prior to issuance of a building permit for the subject property. (Ord. No. 17 -2000, § 217, 7- 20-00) Sec. 78.442. Concnrrency. All applications for subdivision approval shall comply with the concurrency requirements of division 3 of article III. (Ord. No. 17 -2000, § 218, 7- 20 -00) Sec. 78 -443. Pre - application conference. Before preparation of subdivision plan, an applicant shall meet with the growth manage- ment department to review a proposed development, the procedure for approval of the proposed subdivision, applicable regulations, and the proposed installation of public facilities and improvements such as streets, water supply, wastewater collection and treatment, drainage, surface water management, and parks and recreation facilities. (Ord. No. 17 -2000, § 219, 7- 20 -00) Supp. No. 10 CD78:314 C'.� LAND DEVELOPMENT § 78 -444 Sec. 18 -444. Subdivision plan review and approval process. (a) Application procedure and requirements. The applicant shall submit for approval a subdivision plan to the department pursuant to section 78 -448. (1) Schedule. The applicant shall submit the required application form and information to the growth management department, and the application shall be reviewed pursuant to the schedule indicated in Table 39. Table 39: Development Review Schedule Notes: 'Working days are Monday through Friday, excluding city holidays. — = Not Applicable DRC = Development Review Committee MAX = Maximum MIN = Minimum (2) Public meetings. All applications for development orders to consider a subdivision request shall be subject to an advertised public hearing by the planning, zoning, and appeals board and the city council. Prior to scheduling a public hearing, the growth management department staff may schedule one or more workshops to review the application with the planning, zoning, and appeals board or city council. (3) Joint workshops. The growth management director may schedule a joint planning, zoning, and appeals board/city council workshop to review any request for approval of a subdivision of such size, nature, or complexity as to require timely consideration and direction from both bodies. (b) Planning, zoning, and appeals board meetings or workshops. (1) Meetings or workshops. The planning, zoning, and appeals board shall consider the comments and recommendations from the development review committee and growth management department staff at a public meeting or one or more workshop meetings. (2) Request for additional information. When an application is considered by the planning, zoning; and appeals board at a workshop or public meeting, additional information regarding the application may be requested. The requested information shall be Supp. No. 16 CD78:315 Pre - Application Meeting — Submit Application — Completeness Review MAX 7 Staff Decision MAX 14 DRC Review MIN 14 DRC Decision MAX 14 Planning, Zoning, and Appeals Board Meeting MIN 7 City Council WorkshoplMeeting MIN 23 City Council Meeting MIN 10 (2) Public meetings. All applications for development orders to consider a subdivision request shall be subject to an advertised public hearing by the planning, zoning, and appeals board and the city council. Prior to scheduling a public hearing, the growth management department staff may schedule one or more workshops to review the application with the planning, zoning, and appeals board or city council. (3) Joint workshops. The growth management director may schedule a joint planning, zoning, and appeals board/city council workshop to review any request for approval of a subdivision of such size, nature, or complexity as to require timely consideration and direction from both bodies. (b) Planning, zoning, and appeals board meetings or workshops. (1) Meetings or workshops. The planning, zoning, and appeals board shall consider the comments and recommendations from the development review committee and growth management department staff at a public meeting or one or more workshop meetings. (2) Request for additional information. When an application is considered by the planning, zoning; and appeals board at a workshop or public meeting, additional information regarding the application may be requested. The requested information shall be Supp. No. 16 CD78:315 78-444 PALM BEACH GARDENS CODE submitted by 12:00 noon at least ten working days, excluding holidays, prior to next scheduled planning, zoning, and appeals board meeting. When the additional infor- mation requires the review of any development review committee member, the information shall be submitted by 12:00 noon at least 12 working days, excluding holidays, prior to the next scheduled planning, zoning, and appeals board meeting. At the meeting when the additional information is requested, the response period may be reduced to ten working days, excluding holidays, by the planning, zoning, and appeals board. (3) Public meeting. After completion of a workshop, if scheduled, to consider an applica- tion, the growth management department staff shall schedule a public meeting to consider the application. (c) Record of proceedings. The planning, zoning, and appeals board shall hold a public meeting and shall prepare a record of the proceedings on each application for approval of a subdivision. The record shall be filed in the growth management department and shall be a public record. (d) 7�unsmission of recommendation to city council. For each application for subdivision approval, the planning, zoning, and appeals board shall act as indicated below. (1) Recommendations. Adopt a recommendation to approve, deny, or approve with conditions. The recommendation shall be transmitted to the city council. (2) Approval. Approve, deny, or approve with conditions those development order appli- cations subject to their jurisdiction. (e) City council consideration. (1) Workshop meeting. The city council may consider the comments and recommendations from the planning, zoning, and appeals board, the growth management department staff, and the development review committee staff at one or more workshop meetings. (2) Request for additional information. When an application has been considered by the city council at a workshop or public meeting, additional information regarding the application may be requested. The requested information shall be submitted by 12:00 noon at least ten working days, excluding holidays, prior to the next scheduled city council meeting. When the additional information requires the review of any develop- ment review committee member, the information shall be submitted by 12.00 noon at least 12 working days, excluding holidays, prior to the next scheduled city council meeting. At the meeting when the additional information is requested, the response period may be reduced to ten working days by the city council. (3) Public meeting. After completion of a workshop or workshops to consider an applica- tion, the growth management department staff shall schedule a public meeting to consider the application. Supp. No. 16 CD78:316 �j LAND DEVELOPMENT § 7 &444 (4) City council decisions. Following the required public meeting or meetings, the city council shall approve, deny, or approve with conditions all applications for subdivision approval. For any action, the decision shall be adopted in resolution form. The resolutions adopted hereunder shall indicate the following: a. the city council decision; b. the reasons supporting the decision; C. a statement that the approval included reliance on all representations made by the applicant or applicant's agents at any workshop or public hearing; d. all conditions of approval included within the decision; and e. specific reference to all documents, including but not limited to the name of preparer, title of the document, and date of preparation of all studies, subdivision plans, plats, and materials which are the basis of or are to implemented as part of the development order approval. (f) Denial. If the subdivision plan was denied by the city council, a copy of the plan shall be returned to the applicant with reasons supporting the action of the city council within ten working days from the date of the final city council meeting at which the plan was reviewed. The applicant will have the option of revising the plan or submitting a new plan for review. Substantial changes to the revised plan or the submittal of the new plan shall require review by-the planning, zoning, and appeals board and the city council. (g) Effective period of subdivision plan approval. Unless extended by the city council as provided in subsection (h) of this section, the approval of a subdivision plan shall be effective for a period of 24 months from the date that the plan is approved by the city council. (1) Required submissions. Prior to the expiration of the 24 months, the applicant must have submitted construction plans and plat for approval and secured the first building permit. (2) Failure to submit. If construction plans and plat are not submitted for approval and the first building permit is not secured within the 24 -month period, the subdivision plan approval shall be null and void. If a subdivision plan is determined to be null and void, the applicant shall be required to submit a new subdivision plan for review subject to existing zoning and subdivision regulations. (h) Extensions of time. Prior to the expiration of the 24 -month approval period, an applicant may apply for a time extension by filing an application with the growth management department in accordance with the procedures established in division 2 of, article III. (i) Zoning and subdivision regulations. A subdivision plan shall conform to the zoning, subdivision, and other land development regulations applicable at the time the proposed plan is submitted for the approval of the city. All property being subdivided shall have the appropriate zoning designation for the land uses being proposed. (Ord. No. 17 -2000, 0 220, 7- 20 -00; Ord. No. 17 -2004, § 5, 6 -3 -04) 8upp. No. 16 CD78:317 178445- PALM BEACH GARDENS CODE See. 78.446. Construction plans review and approval process. Upon approval of the subdivision plan by the city council, the applicant shall submit construction plans. The construction plans must be submitted prior to or simultaneous with the plat, as described in section 78 -446. (Ord. No. 17 -2000, § 221, 7- 20-00) Sec. 78 -446. Plat review and approval process. (a) Generally. Where proposed development includes the subdivision of land or land development requires a boundary plat, the final approval of a subdivision plan or development permit application shall be made contingent upon subsequent approval by the city council of a plat, as applicable, conforming to the approved subdivision plan. (b) Application requirements. During the effective perigd of the subdivision plan approval or development order, the applicant shall file with the city an application for approval of a plat. The application shall include the items and information listed below, in such number as required by the growth management department. (1) Application form. Application forms as provided by the growth management depart- ment. (2) Fee. Payment of the required fee. �.. (8) Area included. Indicate the entire subdivision or phase thereof which derives access from an existing state, county, or city street or highway. (4) Copies. The required number of copies of the plat shall be provided as required by the growth management director. (6) &mpliance. Comply in all respects with the approved subdivision plan. (6) Surety. The development order and surety, if required, shall be provided in a form satisfactory to the city engineer, city attorney, and city manager in an amount established by these regulations. (7) State law. Demonstrate compliance with F.S. Chapter 177. (8) Additional information. Provide, in a form acceptable to the city engineer, the following documents: a. a certificate of cost estimate prepared by a registered engineer; and b. a certificate from the city and county showing up-to -date payment of city and county property taxes, and an absence of aiiy outstanding city or county liens, assessments, or other county taxes against the property. (9) Inspection fee. Payment of an inspection fee in the amount established by the city council. (10Y- Permits. Provide evidence of all permits or agreements that authorize the construction of all required improvements. Supp. No. 16 CD78:318 LAND DEVELOPMENT § 78 -446 (c) Standards for approval of plats. The purpose of this subsection is to set forth the standards and criteria that the city shall consider in determining whether to approve or deny an application for plat approval. A plat for a proposed subdivision or boundary plat for a proposed development permit shall not be approved unless the application complies with the standards and criteria listed below. (1) Compliance. The application complies with the requirements of these regulations regarding the form and content of the plat, timely submittal, offers of dedication, and requirements of the development order. Supp. No. 16 CD78:318.1 LAND DEVELOPMENT § 78 -9.47 (2) Compliance with state law. The application complies with the requirements of F.S. Chapter 177, regarding the form and content of plats offered for recording prepared by a land surveyor licensed in the state. If the city chooses to verify the survey data shown on the plat, the city shall utilize a surveyor at the expense of the applicant. (3) Surety. Adequate surety has been provided in a form acceptable to the city engineer and city attorney for the completion of required improvements in accordance with subdivision III of this division. (4) Land development regulations. The application complies in all respects to the requirements of the land development regulations of the city. (6) Subdivision plan. The plat conforms to the approved subdivision plan. (d) Submission and review. (1) Copies. Four copies of the plat on paper, electronic medium, or other medium authorized by the city engineer and growth management department, shall be submitted to the growth management department. (2) Fee. A check payable to the clerk of the circuit court of the county, in the amount of the current filing fee, shall be provided. (3) Review. The plat shall be reviewed by the department and the development review committee to determine that the plat meets the requirements of this division. Upon determination by the department that the plat meets the requirements of this division, an original mylar of the plat, pursuant to F.S. Chapter 177, shall be transmitted to the city council for approval. (e) Boundary plat. A boundary plat shall be reviewed and approved as provided in this subdivision. In addition to other required information, at a minimum, a boundary plat shall contain the information listed below. (1) Boundary. Proposed boundaries of the plat. (2) Access. Legal access to the parcel and all easements interior to the parcel. (3) Easements. Utility, drainage, and other easements necessary for required improve- ments. (4) Water management. Water management tracts. (6) Phasing. Phasing lines or tracts affecting the parcel. (6) Encumbrances. Any encumbrances of record affecting the parcel. (Ord. No. 17 -2000, § 222, 7- 20 -00) Sec. 78 -447. Signing and recordation of plat. (a) Signing of plat. Signing of the subdivision plat or boundary plat is subject to the provisions listed below. (1) City engineer. The city engineer shall sign the final plat prior to the mayor. Supp. No. 10 CD78:319 § 78-447 PALM BEACH GARDENS CODE (2) Mayor's signature. The mayor shall endorse approval on the plat after all the conditions of the approval of the plat have been satisfied. (3) Required improvements. When installation of improvements is required prior to recordation of the plat, the mayor shall endorse approval on the plat after all applicable conditions of the development order have been satisfied and all improve- ments satisfactorily completed. There shall be written evidence that the required improvements have been installed in a manner satisfactory to the city as evidenced by certificate of completion signed by the applicant's engineer and approved by the city engineer. (b) Submission of digital files. (1) Electronic media. Prior to plat recordation, the property owner or owner's engineer shall submit on city- approved electronic media digital files for final construction plan data and final plat survey data. The files provided to the city shall show all final plat survey data and line annotations, including, but not limited to the following: a. Lots; b. Roadways; C. Basements, d. Preserve areas; e. Buffer areas; f. Maintenance areas; and g. Other specified information which appears on the map portion of the plat. The files shall also contain all final construction plan data as stated above. The coordinate positions within this file are to be rotated and translated to State Plane Coordinates in the North American Datum of 1983/adjustment of 1990 (NAD 83/90) Florida East Zone, or currently approved datum, based upon the required tie -in to geodetic control. (c) Recordation of plat. (1) Execution. The mayor and city engineer shall execute the original plat. (2) Filing. The city clerk shall file the plat in accordance with F.S. Chapter 177. (d) Phasing of plats. Prior to granting final approval of the plat, the city may permit the plat to be divided into two or more phases. The city council may impose such conditions upon the filing of the phases as it may deem necessary to ensure the orderly development of the plat. The city may require that the development order and surety be commensurate with the phases of the plat to be filed and may defer the remaining amount of the surety until the remaining phases of the plat are offered for filing. �6r Supp. No. 10 CD78:320 1 ORDINANCE 36, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND 6 DEVELOPMENT. AT SECTION 78-43. REVIEW OF APPLICATIONS 7 FOR DEVELOPMENT ORDER APPROVAL BY REPEALING TABLE 8 1 OF SECTION 78-43 AND READOPTING SAME, AS REVISED; 9 FURTHER AMENDING CHAPTER 78 BY REPEALING SECTION 78- 10 426. VARIANCES. AND READOPTING SAME, AS REVISED, FOR 11 INTERNAL CONSISTENCY; FURTHER AMENDING CHAPTER 78 12 BY REPEALING SUBSECTIONS 78-427 (b)(1) AND (b)(2) AND 13 SECTION 78-428 AND READOPTING SAME, AS REVISED, IN 14 ORDER TO PROVIDE CRITERIA FOR PLATTING EXCEPTIONS; 15 FURTHER AMENDING CHAPTER 78 BY ADOPTING NEW 16 SECTION 78 -429, ENTITLED "REQUIREMENTS IN LIEU OF 17 PLATTING" AND NEW SECTION 78 -430, ENTITLED "OTHER 18 PLATTING REQUIREMENTS" IN ORDER TO PROVIDE 19 REGULATIONS WHEN PLATTING IS NOT REQUIRED; FURTHER 20 AMENDING CHAPTER 78 BY REPEALING SECTIONS 78 -441, 78- 21 445, AND 78-446 AND READOPTING SAME, AS REVISED, IN 22 ORDER TO CLARIFY APPLICATION REQUIREMENTS FOR 23 SUBDIVISION PLANS AND TO ESTABLISH REGULATIONS FOR 24 TECHNICAL COMPLIANCE REVIEW AND APPROVAL; 25 PROVIDING THAT EACH AND EVERY OTHER SECTION AND 26 SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL 27 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY 28 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 29 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 30 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 31 32 33 WHEREAS, the City Council has determined that a need exists to clarify the 34 application review process for subdivisions and plats; amend all sections relating to 35 subdivisions and plats in order to provide consistency within the various sections; and 36 create a new process for the review and approval of a preliminary plat; and 37 38 WHEREAS, City staff has initiated an amendment (Petition LDRA- 09 -05- 000022) 39 to the City's Land Development Regulations amending Chapter 78. Land Development; 40 and 41 42 WHEREAS, on November 10, 2009, the Planning, Zoning, and Appeals Board, 43 sitting as the Local Planning Agency, conducted a public hearing and recommended 44 approval and adoption of the proposed amendment to the City Council with a vote of 7- 45 0; and 46 10 11 12 13 14 15 16 17 18 19 20 21 22 Ordinance 36, 2009 WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Chapter 78. Land Development. of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 78 -43. Review of applications for development order approval. by repealing Table 1. Development Order Review. and readopting same, as revised; providing that Table 1 of Section 78 -43 shall hereafter read as follows: Table 1: Development Order Review TABLE INSET: Notes: Staff A= Advisory Review DRC= Development Review Committee Blank =Not Applicable DO= Development Order C= Completeness Review -(=Technical Review CC =City Council H g= Decision Making Authority D= Discretionary per Growth Management Director PZAB= Planning, Zoning, and Appeals Board Development Order Application Staff DRC PZAB CC Rezoning, Standard C ✓ A {fig Rezoning, Overlay (including PCD and PUD) C J A { } g Rezoning, Planned Development Area C A H 0 Major Conditional Use C ✓ A H U Minor Conditional Use C H U Variance C D H O LDR Text Amendment C A H 0 1 2 3 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Ordinance 36, 2009 Site Plan Review, Major C A H g Site Plan Review, Minor C {� Site Plan Review, Administrative C /{�—❑ Subdivision* C d A A" D Plat* C A- j A/{} 0 DO Change, Non- Administrative C A H 0 DO Change, Administrative C/f —O *See Division 10, Article 5 of this Chapter. SECTION 3. Chapter 78. Land Development. of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended by repealing Section 78 -426. Variances. and readopting same, as revised; providing that Section 78-426 shall hereafter read as follows: Sec. 78 -426. Variances. Requests for a variance from one or more provisions of this division shall be reviewed by the W4 planning, zoning, and appeals board (PZAB) pursuant to section 78 -53. SECTION 4. Chapter 78. Land Development. of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 78 -427. Enforcement, violations and penalties. by repealing subsections (b)(1) and (b)(2) and readopting same, as revised; providing that Section 78-427 shall hereafter read as follows: Sec. 78 -427. Enforcement, violations and penalties. (a) (This subsection shall remain in full force and effect as previously adopted.) (b) Prohibited acts. (1) Plat approval required. a. It shall be unlawful to transfer or sell any parcel of land located in a proposed land development project or subdivision before a plat of the project or subdivision has been approved by the city council and recorded with the clerk of the circuit court of the county. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Ordinance 36, 2009 b. If a parcel of land is to be developed other than as a subdivision, a boundary plat shall be prepared, approved by the city council, and recorded with the Clerk of the Circuit Court of Palm Beach County. All applicable permits and required agreements from other agencies to undertake the proposed land development shall be obtained prior to presenting a proposed plat for approval by the city council. C. Any plat or plats for a proposed development or subdivision must be approved by the city council prior to issuing a building permit to commence site construction for any vertical construction. (2) Metes and bounds. The subdivision of any lot or any parcel of land by the use of metes and bounds description for the purpose of sale, transfer, lease, or development is prohibited, unlessrs eth fided heFeiR except as set forth in Section 78 -592. (3) -(5) (These subparagraphs shall remain in full force and effect as previously adopted.) (c) (This subsection shall remain in full force and effect as previously adopted.) SECTION 5, Chapter 78. Land Development. of the Code of Ordinances of the 23 City of Palm Beach Gardens, Florida is hereby amended by repealing Section 78 -428. 24 Exceptions. and readopting same, as revised; providing that Section 78 -428 shall 25 hereafter read as follows: 26 27 Sec. 78 -428. Exceptions. 28 29 30 , 31 publiG iRfFa6-tFUGtUFe knpFeyements is not to be deemed a subdivision within the 32 meaRiRg of these FegulatiORS. 33 34 (a) Pre - application meeting. The developer /property owner shall submit a pre - 35 application in the manner prescribed in this chapter. The growth management 36 department and the city engineer shall review the pre - application to determine if the pre - 37 application satisfies the requirements for a platting exception, as set forth herein below. 38 If the pre - application qualifies for a platting exception, the developer /property owner 39 may apply for approval of a platting exception. 40 41 (b) Applicability. No subdivision, PUD, PCD or site plan shall be platted or recorded 42 nor shall any building permit be issued unless such subdivision meets all the provisions 43 of this chapter and those of any applicable laws of the State of Florida, and has been 44 approved in accordance with the requirements as herein set forth, except that the 45 following shall be exempt and not subject to the platting requirement of this chapter. 46 4 Ordinance 36, 2009 1 (1) The combination or recombination of portions of previously - platted lots 2 where no new parcels or residual parcels result in lots of less area, width, or 3 depth than the original platted lots or the existing replatted lots, where no new 4 street is created and where all current district regulations can be met for the 5 zoning district in which the property is located. 6 7 (2) The sale or exchange of parcels of land to or between adjoining property 8 owners where such sale or exchange does not create additional lots and does 9 not reduce any lot to an area less than the zoning district in which the property is 10 located, permits and no dedications or improvements are required under this 11 chapter. 12 13 (3) The division of real estate property is for the conveyance of land to a 14 federal, state, county, or municipal governmental agency, entity, political 15 subdivision, or a public utility as defined herein. 16 17 (4) The division of land into parcels of more than ten acres not involving the 18 need to create any new access, change in existing access, public easements, 19 utility easements, or public infrastructure improvements is not to be deemed a 20 subdivision within the meaning of these regulations. 21 22 (c) Process. Applications for platting exceptions shall be processed as plat 23 applications to the city council and shall require the applicable fees. 24 25 SECTION 6. Chapter 78. Land Development. of the Code of Ordinances of the 26 City of Palm Beach Gardens, Florida is hereby amended by adopting an entirely new 27 Section 78-429 to be entitled "Requirements in lieu of platting. "; providing that Section 28 78-429 shall hereafter read as follows: 29 30 Sec. 78 -429. Requirements in lieu of platting. 31 32 If in accordance with section 78-428 platting is not required, a certified survey shall be 33 submitted to the growth management department along with the application for the 34 plattinq exception prior to city council review. The city council shall reserve the right to 35 require deeded rights -of -way and easements, reservations, or improvements required in 36 connection with platting under this chapter, including the posting of a performance and 37 maintenance bond, as may be necessary to carry out the intent and purpose of this 38 chapter. 39 40 SECTION 7. Chapter 78. Land Development. of the Code of Ordinances of the 41 City of Palm Beach Gardens, Florida is hereby amended by adopting an entirely new 42 Section 78 -430 to be entitled "Other platting requirements. "; providing that Section 78- 43 430 shall hereafter read as follows: 44 45 46 47 is Ordinance 36, 2009 1 Sec. 78-430. Other platting requirements. 2 3 (a) Other platting sections. In addition to those provisions contained herein above, 4 the following sections shall also apply to subdivisions and platting: 5 6 (1) See sec. 78 -43, Table 1, for plat and subdivision development order 7 review. 8 9 (2) See sec. 78 -572 for requirements for dedication of lands for recreational 10 purposes. 11 12 (3) See sec. 78 -575 for dedication of land for other public uses. 13 14 (4) See sec. 78 -591 for preservation requirements for environmentally 15 significant lands. 16 17 (5) See sec. 78 -592 for metes and bounds subdivision requirements. 18 19 (6) See sec. 78 -593 for plat vacation requirements. 20 21 Sec. 78-4312-9-78-440. Reserved. 22 23 SECTION 8. Chapter 78. Land Development. of the Code of Ordinances of the 24 City of Palm Beach Gardens, Florida is hereby amended by repealing Section 78 -441. 25 General application procedure. and readopting same, as revised; providing that Section 26 78 -441 shall hereafter read as follows: 27 28 Sec. 78 -441. General application procedure. 29 30 (a) Plan and plat approval required. Before any land is subdivided, the owner of the 31 property proposed to be subdivided or owner's authorized agency shall apply for and 32 secure approval of the items listed below: 33 34 (1) Subdivision plan; 35 36 (2) Engineering_Gons# iea plans; and 37 38 (3) Plat. 39 40 (b) Coordination with other development order applications. Plat approval of the 41 subdivision of land shall be required whenever an application for development approval 42 includes or anticipates the subdivision of land. Upon city council approval of a PUD, 43 PCD site plan, conditional use, or other development order necessitating a subdivision, 44 an applicant shall proceed with the preparation of the plat and engineering 45 plans for the area to be subdivided, as described in these regulations, unless modified 46 by the city council for a PUD or PCD. 47 0 Ordinance 36, 2009 1 (c) Boundary plat required. All lands not otherwise subdivided which are the subject 2 of an approved development order shall be designated by a boundary plat. The 3 boundary plat shall be approved by the city council and recorded in the official records 4 of the county prior to the issuance of a building permit for the subject property. If the 5 property contained within the boundary plat is part of an approved subdivision plan, no 6 vertical construction shall be permitted until the property within the boundary plat is 7 properly subdivided by re -plat. All development projects that provide a boundary plat 8 shall be required to re -plat prior to any further subdivision of land. 9 10 SECTION 9. Chapter 78. Land Development. of the Code of Ordinances of the 11 City of Palm Beach Gardens, Florida is hereby amended by repealing subsection 78- 12 444(a) and readopting same, as revised; providing that Section 78-444 shall hereafter 13 read as follows: 14 15 Sec. 78 -444. Subdivision plan review and approval process. 16 17 (a) Application procedure and requirements. The applicant shall submit 18 a subdivision plan to the department for approval pursuant to this section below7-8- 19 4466- 20 21 (1) Schedule. The applicant shall submit the required application form and 22 information to the growth management department, and the application shall be 23 reviewed pursuant to the schedule indicated in Table 39. 24 25 Table 39: Development Review Schedule 26 27 Notes: 28 *Working days are Monday through Friday, excluding city holidays. 29 -- = Not Applicable 30 DRC = Development Review Committee 31 MAX = Maximum 32 MIN = Minimum 33 34 TABLE INSET: 35 Action Working Days* Pre - Application Meeting -- Submit Application -- Completeness Review MAX 7 Staff Decision MAX 14 DRC Review MIN 14 MAX X 14 7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Ordinance 36, 2009 Planning, Zoning, and Appeals Board Meeting MIN 7 City Council Workshop /Meeting MIN 23 City Council Meeting MIN 10 (2) Public meetings. All applications for development orders to consider a subdivision request may be subject to an- ,adueFti a public hearing by the planning, zoning, and appeals board and the city council. Prior to scheduling a public hearing, the growth management department staff may schedule one or more workshops to review the application with the planning, zoning, and appeals board or city council. (3) Joint workshops. The growth management director may schedule a joint planning, zoning, and appeals board /city council workshop to review any request for approval of a subdivision of such size, nature, or complexity as to require timely consideration and direction from both bodies. (b) -(i) (These subsections shall remain in full force and effect as previously adopted.) SECTION 10. Chapter 78, Land Development of the Code of Ordinances of the 17 City of Palm Beach Gardens, Florida is hereby amended be repealing Section 78 -445. 18 Construction plans review and approval process. and readopting same, as revised and 19 with a new title; providing that Section 78-445 shall hereafter read as follows: 20 21 Sec. 78 -445. Engineering plans GenStFUGtign plans review and approval process. 22 23 Upon approval of the subdivision plan by the city council, the applicant shall submit 24 engineering plans GQA6tFUGti9A plans. The engineering plans sstien -plans must 25 be submitted prior to or simultaneous with the plat, as described in section 78-446 and 26 must conform to the following requirements: 27 28 (a) Engineering plans. 29 30 (1) Prior to construction and final platting of a subdivision four (4) sets of 31 engineering plans on paper, electronic medium, or other medium authorized by 32 the city engineer and growth management department shall be submitted to the 33 city for review. Engineering plans shall be approved by the city prior to the 34 construction phase and prior to plat approval. 35 36 (2) The engineering plans shall be prepared by a professional engineer 37 registered and licensed in the State of Florida. Each sheet of the engineering 38 plans shall be signed by and shall bear the seal of such engineer. 39 40 (3) Each sheet of the engineering plans shall be the same size and shall be 41 no larger than 24 inches by 36 inches. The sheets of the engineering plans shall 42 be numbered consecutively and attached together. E Ordinance 36, 2009 (4) The scale of the engineering plans shall be one inch equals not more than 60 feet. 4 (5) The engineering plans shall designate the location of all water, sewer, and 5 reuse lines within existing easements or rights -of -way held by the city or other 6 appropriate -government agency or within proposed rights -of -way or easements 7 as depicted on the preliminary plat. 9 (6) The following are required to be shown on the final engineering drawings: 10 11 a. The location of all proposed water, sewer, and reuse facilities, both 12 on site and off site, including size and grades, main and /or line routes, line sizes, 13 manholes, fire hydrants, service connections, valves, laterals, and lift stations. 14 Standard details for the water, sewer, and reuse systems, including type of pipe, 15 service connections, manholes, fire hydrants, and lift stations, shall be provided. 16 The water system shall be sized so as to provide adequate fire protection in 17 compliance with the recommendations of the National Fire Protection 18 Association. 19 20 b. A surface and stormwater drainage system, including location and 21 elevation of all structures and culverts with sizes and grades and typical cross 22 sections of drainage facilities, canals, and waterways. All pertinent calculations 23 pertaining to retention /detention areas utilizing the applicable permitting agency's 24 requirements shall also be included. 25 26 C. Sidewalks, including location, elevations, and typical cross 27 sections. 28 29 d. Streets, including plan and profile views, typical cross sections of 30 proposed grading, and pavement and curbing details with compaction under 31 pavement. 32 33 e. Bulkheads, if applicable. 34 35 f. If deemed necessary by the city, subsurface conditions of the 36 parcel, including the location and results of tests performed to ascertain the 37 conditions of subsurface soil, rock, and -groundwater, and the existing depth to 38 -groundwater. 39 40 g. Lot grading plan. 41 42 h. Cross sections showing the proposed layout for all private utilities, 43 including electric, telephone, pas, and cable television. 44 45 i. Location of all traffic control devices, markers, and required signs, 46 including stop signs, traffic signals, crosswalks, street signs, and the like. Ordinance 36, 2009 1 (7) The city staff shall review the engineering plans and shall provide written 2 comments to the applicant regarding compliance with code requirements and the 3 technical aspects of the plans. 4 5 (8) If changes to the plans are required, four (4) sets of revised plans shall be 6 submitted to the city. In addition to the revised plans, the applicant shall submit 7 written responses to the city staffs review comments. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 11. Chapter 78. Land Development. of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended by repealing and readopting Section 78 -446. Plat review and approval process., as revised; providing that Section 78-446 shall hereafter read as follows: Sec. 78 -446. Plat review and approval process. (a) Generally. Where proposed development includes the subdivision of land or land development requires a boundary plat, the final approval of a subdivision plan or development permit application shall be made contingent upon subsequent approval by the city council of a plat, as applicable, conforming to the approved subdivision plan. All Oats not considered boundary plats shall depict all other subdivisions of property in compliance with the approved development order. (b) Application requirements. During the effective period of the subdivision plan approval or planned development order approval, the applicant shall file with the city an application for approval of a plat. The application shall include the items and information listed below, in such number as required by the growth management department. All plat submittals, including boundary plat submittals, shall include the following: (1) Application form. Application forms as provided by the growth management department. (2) Fee. Payment of the required application fee and any applicable inspection fees. (3) Area included. Indicate the entire subdivision or phase thereof which derives access from an existing state, county, or city street or highway. (45) Compliance. Comply in all respects with the approved subdivision plan. (56) Surety. The development order and in a form satisfactory to the city engineer, amount established by these regulations. M] surety, if required, shall be provided city attorney, and city manager in an Ordinance 36, 2009 1 (67) State law. Demonstrate compliance with F.S. Chapter 177. 2 3 (78) Additional information. Provide, in a form acceptable to the city engineer, 4 the following documents: 5 6 a. a certificate of cost estimate prepared by a registered engineer; and 7 8 b. a certificate from the city and county showing up -to -date payment 9 of city and county property taxes, and an absence of any outstanding city or 10 county liens, assessments, or other county taxes against the property. 11 12 (88) Inspection fee. Payment of an inspection fee in the amount established by 13 the city council. 14 15 (94-0) Permits. Provide evidence of all permits or agreements that authorize the 16 construction of all required improvements. 17 18 (10) Boundary plat. A boundary plat shall be reviewed and approved as 19 provided in this subdivision. In addition to other required information, at a 20 minimum, a boundary plat shall contain the information listed below: 21 22 a. Boundary. Proposed boundaries of the plat. 23 24 b. Access. Legal access to the parcel and all easements interior to 25 the parcel. 26 27 C. Easements. Utility, drainage, and other easements necessary for 28 required improvements. 29 30 d. Water management. Water management tracts. 31 32 e. Phasing. Phasing lines or tracts affecting the parcel. 33 34 f. Encumbrances. Any encumbrances of record affecting the parcel. 35 36 g Limits of any subdivision of the property. 37 38 (c) Standards for approval of plats. The purpose of this subsection is to set forth the 39 standards and criteria that the city shall consider in determining whether to approve or 40 deny an application for plat approval. A plat for a proposed subdivision or boundary plat 41 for a proposed development permit shall not be approved unless the application 42 complies with the standards and criteria listed below. 43 44 (1) Compliance. The application complies with the requirements of these 45 regulations regarding the form and content of the plat, timely submittal, offers of 46 dedication, and requirements of the development order. 11 Ordinance 36, 2009 (2) Compliance with state law. The application complies with the requirements of F.S. Chapter 177, regarding the form and content of plats offered for recording prepared by a land surveyor licensed in the state. If the city chooses to verify the survey data shown on the plat, the city shall utilize a surveyor at the expense of the applicant. (3) Surety. Adequate surety has been provided in a form acceptable to the city engineer and city attorney for the completion of required improvements in accordance with subdivision III of this division. (4) Land development regulations. The application complies in all respects to the requirements of the land development regulations of the city. (5) Subdivision plan. The plat conforms to the approved subdivision plan. (d) Plat submission and review. 18 (1) Copies. The required number of copies of the plat shall be provided as 19 required by the growth management director. FGUF GGPies of the plat on paper-, 20 , 21 management depaFtment, 22 depaFt ent 23 (2` Fee. ° ^heGk payable to the -clerk ef the - s+rstat seUFt Of the GGLIAty, in the 24 . 25 26 (23) Review. The plat shall be reviewed by the growth management 27 department and the development review committee to determine that the plat 28 meets the requirements of this division. 29 30 a. Plat review process. Upon receipt of a complete plat application in 31 accordance with subsection (b) hereinabove, the plat and plat application shall 32 be transmitted to the various reviewers. Within 14 business days of receipt of the 33 plat application, the applicant will be sent any request for additional information 34 and comment regarding certification items. All requests for additional information 35 or certification items must be satisfactorily addressed by the applicant prior to 36 receiving technical compliance approval or scheduling the plat for cit y council 37 approval. 38 39 b. Upon determination by the department that the plat meets the 40 requirements of this division, an original mylar of the plat, pursuant to F.S. 41 Chapter 177, shall be transmitted to the city council for approval. 42 43 44 45 46 47 12 Ordinance 36, 2009 1 C. Technical Compliance Review (TCR). TCR is review of the 2 proposed plat in order to ensure compliance with all applicable conditions of 3 approval, the engineering and legal requirements of this chapter, the approved 4 final subdivision plan (including any special conditions of approval), PUD, PCD, 5 and /or site plan approvals. All plats must pass TCR prior to the issuance of a 6 land development permit and prior to submittal of the plat for recordation. 8 d. Technical Compliance _ AMroval (TCA). Upon successful 9 completion of TCR, the growth management director shall issue a written TCA to 10 the applicant as part of the final plat application review process. The TCA shall 11 contain the followinq conditions and information: 12 13 1. A_list of the documents reviewed; 14 15 2. The amount of surety for the construction of the required 16 improvements in accordance with the city's land development 17 regulations; 18 19 3. Requirements for submittal of supplementary documentation 20 deemed necessary by the city engineer, such as deeds, 21 easements, covenants and other recording instruments creating 22 rights or obligations for access, drainage or utility services, which 23 rights or obligations could not be established through dedications or 24 reservations on the plat; and 25 26 4. If in the opinion of the growth management director it is 27 determined that infrastructure installation or construction 28 undertaken pursuant to a TCA has precipitated revisions to the 29 engineering or plat plans, the TCA shall be automatically rendered 30 null and void. The applicant/developer /owner shall be notified 31 within 10 business days of such determination. All construction or 32 work on site shall cease until such time as the necessary plans are 33 amended and a new TCA is issued. 34 35 (e) 36 37 shall Gentaki the WeFmatewi lested belew-. Use of Technical Compliance Approval 38 (TCA). Technical compliance approval shall authorize the following options prior to 39 submitting the final plat: 40 41 . 42 (2) Arress. Legal awess to the pamel and all easements inteFOOF to the paFe' 43 (3) Easements. laity; — drainage; --and 9theF -- easements ResessaFy foF requi 44 . 45 nanagement. VVateF management tFaGts. 46 (5) Pl g. Phasing 'ones OF tFaGts affeGting the pam 13 Ordinance 36, 2009 (1) Prepare engineering plans, detailed cost breakdowns, and specifications for all required improvements which meet the approval of the city and install all required improvements in accordance with the approved plans and specifications. All work, as installed, shall be inspected and subject to the approval of the city. 9 (2) TCA is not plat approval and does not constitute the authority or approval 10 of the City for the recordation of the plat in the Public Records of Palm Beach 11 County. TCA is not a legal subdivision or approval of the subdivision of lots and 12 may not be used or relied upon to sell, transfer, or alienate property in reference 13 thereto. 14 15 (3) If a building permit or an infrastructure permit is not obtained within one 16 year of the date of the TCA, it shall automatically become null and void and of no 17 further force and effect. 18 19 (4) The applicant shall obtain approval of the plat or boundary plat within 180 20 calendar days from the issuance of technical compliance approval. In the event 21 that a TCA is deemed null and void, a new plat application must be submitted 22 along with the associated application fees. 23 24 SECTION 12. All ordinances or parts of ordinances in conflict be and the same 25 are hereby repealed. 26 27 SECTION 13. Should any section or provision of this Ordinance or any portion 28 thereof, any paragraph, sentence, or word be declared by a Court of competent 29 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 30 this Ordinance. 31 32 SECTION 14. Specific authority is hereby granted to codify this Ordinance. 33 34 35 SECTION 15. This Ordinance shall take effect immediately upon passage. 36 37 38 (The remainder of this page intentionally left blank) 39 40 41 42 43 44 45 46 47 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 36, 2009 PASSED this j 7�day of DffjQ!j66x , 2009, upon first reading. PASSED AND ADOPTED this day of , 2010, upon second and final reading. CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT BY: Joseph R. Russo, Mayor David Levy, Vice Mayor Eric Jablin, Councilmember Jody Barnett, Councilmember Robert G. Premuroso, Councilmember ATTEST: AN Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY AN R. Max Lohman, City Attorney G:\attorney _share \ORDINANCES\2009 \Ordinance 36 2009 - platting requirements - FINAL.doc OR I rai A4yr CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 7, 2010 Ordinance 38, 2009 Subject/Agenda Item: Ordinance 38, 2009, amending the Fiscal Year 2009/2010 Budget [ X ] Recommendation to APPROVE Recommendation to DENY Originating Dept.: Costs: $ 0 Council Action: WRevie Financ (Total) [ ] Approved $ 0 [ ]Approved w/ Current FY conditions [ ] Denied Finance Director Advertised: Funding Source: [ ] Continued to: Date: Dec. 23, 2009 [ ] Operating Attachments: Paper: Palm Beach [ ] Other Post Ordinance 38, 2009 Exhibit "1" Submitted by: n[ ] Not Required Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: Manager Not required Meeting Date: January 7, 2010 Ordinance 38, 2009 BACKGROUND: Under Generally Accepted Accounting Principals, as one fiscal year comes to a close and a new fiscal year begins, the City is required to carry forward the funds appropriated for prior year obligations that will be paid in the new fiscal year. This ordinance amends the FY 2009/2010 budget for amounts reserved and designated from FY 2008/2009 for outstanding purchase orders and commitments as they relate to open projects that cross fiscal years. Some of the more significant projects, by fund, that are being re- appropriated include the following: General Fund Municipal Complex enhancements $500,686 Stormwater Phase V 228,144 Municipal Complex parking lot 255,000 MacArthur statue 140,000 Gas Tax Fund Bridge refurbishment 559,000 Recreation Impact Fund PGA Park 1,245,507 Lilac Park Phase Ili 333,710 Police Impact Fund Emergency Operations Center (EOC) 3,413,277 Art Impact Fund Bus Shelters 500,000 Founders Garden Pavilion 45,000 Road Impact Fund Railroad Crossing Improvements 996,308 Traffic Signals 980,643 In addition to projects and purchase orders that are being re- appropriated, the budget amendment also records a transfer of $137,510 from the Fire Impact Fund Reserves, and a transfer of $416,831 from Police Impact Fund Reserves, to the EOC capital project. This will provide the additional funding necessary to award the contract for construction of the facility. Lastly, the budget amendment also records $270,398 of approved but uncollected FRDAP grant revenues for PGA Park Phase III and Lilac Park Phase III projects. STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 38, 2009 on second and final reading. ORDINANCE 38, 2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 15 WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted 16 a Budget for the 2009/2010 Fiscal Year; and 17 18 WHEREAS, the City Council has determined that an amendment needs to be 19 made to the previously- adopted Fiscal Year 2009/2010 Budget; and 20 21 WHEREAS, the City Council deems approval of this Ordinance to be in the best 22 interests of the health, safety, and welfare of the residents and citizens of the City of 23 Palm Beach Gardens and the public at large. 24 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF PALM BEACH GARDENS, FLORIDA that: 28 29 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 30 31 SECTION 2. The City Council hereby amends the revenues and expenditures 32 listed in the attached Exhibit 1" and adopts such amendments as to the Budget of the 33 City of Palm Beach Gardens for the Fiscal Year October 1, 2009, through September 34 30, 2010, inclusive. 35 36 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 37 hereby repealed. 38 39 SECTION 4. Should any section or provision of this Ordinance or any portion 40 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 41 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 42 43 SECTION 5. This Ordinance shall become effective immediately upon adoption. 44 45 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 38, 2009 PASSED this ' day of _ D&ccw r M , 2009, upon first reading. PASSED AND ADOPTED this day of , 2010, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor David Levy, Vice Mayor Eric Jablin, Councilmember Jody Barnett, Councilmember Robert G. Premuroso, Councilmember ATTEST: AN Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY AN R. Max Lohman, City Attorney FOR AGAINST ABSENT G:\attorney_ share \ORDINANCES\2009 \ordinance 38 2009 - budget amendment for 2009- 10.docx 2 0 oFr 0- 1 City of Palm Beach Gardens Ordinance 38, 2009 - Budget Amendment FYE 09/30/2010 Exhibit "1" GENERALFUND Account Reserved for Designated for Increase/ (Decrease) Title Expenditures Purchase Orders Projects To Budget Maintenance Contracts 001.0220.512.4650 Capital - Software 001.0220.512.6450 10,798 10,798 Professional Services 001.0600.513.3150 6,707 6,707 Repairs Maintenance 001.1000.521.4600 3,468 3,468 Radio Consortium 001.1000.521.8120 96,034 96,034 Repairs Maintenance 001.1030.521.4600 16,100 16,100 Operating Supplies 001.1030.521.5200 10,128 10,128 Uniforms 001.1030.521.5294 3,276 3,276 Operating Supplies 001.1040.521.5200 813 813 Training and Education 001.1230.522.3810 13,014 13,014 Operating Supplies 001.1230.522.5200 905 905 Medical Supplies 001.1230.522.5205 4,577 4,577 Uniforms 001.1230.522.5294 66,438 66,438 Professional Services 001.1400.515.3150 77,445 77,445 Contractual Services 001.2000.572.3400 3,450 3,450 CIP Projects 001.2000.572.6900 500,686 500,686 CIP Projects 001.2080.519.6900 37,869 49,547 87,416 Remediation Expense 001.3000.539.3155 10,000 10,000 Operating Supplies 001.3000.539.5200 18,602 18,602 CIP Projects 001.3000.539.6900 130,000 10,000 140,000 Repairs Maintenance 001.3030.539.4600 4,685 14,656 19,341 Operating Supplies 001.3030.539.5200 1,675 1,675 CIP Projects 001.3030.539.6900 118,494 118,494 001.3040.241.3400 5,928 5,928 CIP Projects 001.3040.541.6900 504,952 504,952 Total Increase In Expenditures 379,686 1,340,562 1,720,249 Increase / (Decrease) Revenues To Budget Fund Balance 001.389.0000 379,686 1,340,562 1,720,249 Cont and Donations 001.366.2000 - Miscellaneous Revenue 001.369.0000 - Total Increase in Revenues /Sources 379,686 1,340,562 1,720,249 1 Repairs Maintenance CIP Projects Fund Balance Contractual Services Fund Balance CIP Projects Recreation Grants Fund Balance Expenditures 103.3000.539.4600 103.3000.539.6900 Total Increase In Expenditures Revenues 103.389.0000 Total Increase in Revenues /Sources Expenditures 104.2040.572.3400 Total Increase in Expenditures LOCAL OPTION GAS TAX FUND Reserved for Designated for Increase/ (Decrease) Purchase Orders Projects To Budget 4,822 4,822 3,900 559,000 562,900 8,722 559,000 567,722 Fund Balance - Fund Balance - Increase/ (Decrease) Reserved Designated To Budget 8,722 559,000 567,722 8,722 559,000 567,722 RECREATION SPECIAL REVENUE Reserved for Designated for Increase/ (Decrease) Purchase Orders Projects To Budget Revenues /Sources 45,000 45,000 45,000 45,000 2 Fund Balance - Fund Balance - Increase/ (Decrease) Revenues Reserved Designated To Budget 104.389.0000 45,000 45,000 Total Increase in Revenues /Sources - 45,000 45,000 RECREATION IMPACT FUND Reserved for Designated for Funded From Increase/ (Decrease) Expenditures Purchase Orders Projects Uncollected To Budget Grant Revenue 301.2000.572.6900 64,636 1,439,246 270,398 1,774,280 Total Increase in Expenditures 64,636 1,439,246 270,398 1,774,280 Fund Balance - Fund Balance - Uncollected Increase/ (Decrease) Revenues Reserved Designated Grant Revenue To Budget 301.334.9020 270,398.00 270,398 301.389.0000 64,636 1,439,246 1,503,882 Total Increase in Revenues /Sources 64,636 1,439,246 270,398 1,774,280 2 CIP Projects Reserves Fund Balance Transfer In CIP Projects Fund Balance CIP Projects Fund Balance Revenues 302.389.0000 302.381.0000 Total Increase in Revenues/Sources Fund Balance - Fund Balance - Reserved Designated 32,047 3,413,277 32,047 3,413,277 Current Year Increase/ (Decrease) Transfers To Budget 3,445,324 137,510 137,510 137,510 3,582,834 ART IMPACT FUND Reserved for Designated for Increase / (Decrease) Expenditures Purchase Orders Projects To Budget 304.1400.515.6900 605,000 605,000 Total Increase In Expenditures - 605,000 605,000 Revenues 304.389.0000 Total Increase in Revenues /Sources Fund Balance - Fund Balance - Reserved Designated 605,000 605,000 Increase /(Decrease) To Budget 605,000 605,000 ROAD IMPACT FUND Reserved for Designated for Increase/ (Decrease) Expenditures Purchase Orders Projects To Budget 305.0900.541.6900 437,584 2,043,887 2,481,471 Total Increase in Expenditures 437,584 2,043,887 2,481,471 Revenues 305.389.0000 Total Increase in Revenues/Sources Fund Balance - Fund Balance - Increasel (Decrease) Reserved Designated To Budget 437,584 2,043,887 2,481,471 437,584 2,043,887 FIRE IMPACT FUND Reserved for Designated for Expenditures Purchase Order Projects 2,481,471 Current Year Increase/ (Decrease) Transfers To Budget POLICE IMPACT FUND Funded From Reserved for Designated for Current Year Increase/ (Decrease) Expenditures Purchase Orders Projects Transfers To Budget 302.1000.521.6900 32,047 3,413,277 554,341 3,999,665 302.1000.521.9920 (416,831) (416,831) Total Increase in Expenditures 32,047 3,413,277 137,510 3,582,834 Revenues 302.389.0000 302.381.0000 Total Increase in Revenues/Sources Fund Balance - Fund Balance - Reserved Designated 32,047 3,413,277 32,047 3,413,277 Current Year Increase/ (Decrease) Transfers To Budget 3,445,324 137,510 137,510 137,510 3,582,834 ART IMPACT FUND Reserved for Designated for Increase / (Decrease) Expenditures Purchase Orders Projects To Budget 304.1400.515.6900 605,000 605,000 Total Increase In Expenditures - 605,000 605,000 Revenues 304.389.0000 Total Increase in Revenues /Sources Fund Balance - Fund Balance - Reserved Designated 605,000 605,000 Increase /(Decrease) To Budget 605,000 605,000 ROAD IMPACT FUND Reserved for Designated for Increase/ (Decrease) Expenditures Purchase Orders Projects To Budget 305.0900.541.6900 437,584 2,043,887 2,481,471 Total Increase in Expenditures 437,584 2,043,887 2,481,471 Revenues 305.389.0000 Total Increase in Revenues/Sources Fund Balance - Fund Balance - Increasel (Decrease) Reserved Designated To Budget 437,584 2,043,887 2,481,471 437,584 2,043,887 FIRE IMPACT FUND Reserved for Designated for Expenditures Purchase Order Projects 2,481,471 Current Year Increase/ (Decrease) Transfers To Budget Transfers Out 303.1200.522.9100 Reserves 303.1200.522.9920 Total Increase In Expenditures 922,675 9,445,973 137,510 137,510 (137,510) (137,510) 10,776,556 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 7, 2010 Ordinance: 39, 2009 Subject/Agenda Item: Ordinance 39, 2009, amending Fiscal Year 2009/10 Budgeted Fund Balance Carryovers to Actual Amounts [X] Recommendation to APPROVE [ ] Recommendation to DENY ReFor Originating Dept.: Costs: $ -0- Council Action: : y y F7LL)_�_ (Total) [ ] Appro ved $ -0- [ ]Approved w/ )-- Current FY conditions I [ ] Denied Finance Administrator Funding Source: [ ] Continued to: Advertised: Attachments: Date: Dec. 23, 2009 [ ] Operating Paper: Palm Beach [ ] Other Post Ordinance 39, 2009 Exhibit "1" [ ] Not Required Submitted by: Allan Owens J�LL_ Department Director Affected parties [ ] Notified Budget Acct. #: Approved by: XP_ [X] Not required i y Manager Meeting Date: January 7, 2010 Ordinance: 39, 2009 BACKGROUND: Florida State Statute Section 166.241 requires that amounts available from taxation and other sources, including amounts carried over from prior fiscal years, must equal total appropriations for expenditures and reserves. In order to ensure budgeted expenditures and reserves do not exceed original estimates of carryover balances and revenues, it is customary to adjust these balances to actual year end amounts. This ordinance amends the FY 2009/2010 budget by adjusting Fund Balance Carryovers to actual amounts, as detailed in the attached Exhibit "1 ". STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 39, 2009 on second and final reading. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 39, 2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted a Budget for the 2009/2010 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously- adopted Fiscal Year 2009/2010 Budget; and WHEREAS, the City Council deems approval of this Ordinance to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby amends the revenues and expenditures listed in the attached Exhibit "1" and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2009, through September 30, 2010, inclusive. SECTION 3. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 4. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 5. This Ordinance shall become effective immediately upon adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 39, 2009 PASSED this i ✓_day of Qr M612 , 2009, upon first reading. PASSED AND ADOPTED this day of , 2010, upon second and final reading. CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT BY: Joseph R. Russo, Mayor David Levy, Vice Mayor Eric Jablin, Councilmember Jody Barnett, Councilmember Robert G. Premuroso, Councilmember ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney G: \attorney_share \ORDINANCES\2009 \Ordinance 39 2009 - budget amendment for 2009- 10.docx 2 City of Palm Beach Gardens Budget Amendment - Ordinance 39, 2009 FYE 09/30/10 Exhibit "1" General Fund Increase (Decrease) Expenditures (Uses) Reserves 001.0900.519.9920 1,544,365 Designated for Economic Development 001.0900.519.9922 982,247 Reserve for Series 2003 Debt Service 001.0900.519.9923 2,193,707 Reserve for Loan Receivable 001.0900.519.9924 350,000 Revenues (Sources) (Fund Balance Carryover 001.0000.389.0000 5,272,319 Gas Tax Fund Increase (Decrease) Expenditures (Uses) Reserves 103.3000.539.9920 1 73,852 Revenues (Sources) Fund Balance Carryover 103.0000.389.0000 17 3,852 Recreation Programs Fund Increase (Decrease) Expenditures (Uses) Reserves 104.0900.519.9920 (18),28o) Revenues (Sources) Fund Balance Carryover 104.0000.389.0000 (180, Police Training Fund Increase (Decrease) Expenditures (Uses) Reserves 002.1000.521.9920 (4,324) Revenues (Sources) Fund Balance Carryover 002.0000.389.0000 Art Impact Fund Increase (Decrease) Expenditures (Uses) Reserves 304.1400.515.9920 286,2(,2 Revenues (Sources) Fund Balance Carryover 304.0000.389.0000 286,262 G: \finance_administration \Budget Amendments \FY 2009_2010 \ordinance 39 2009 exhibitl 1 City of Palm Beach Gardens Budget Amendment - Ordinance 39, 2009 FYE 09/30/10 Exhibit "1" Road Impact Fund Increase (Decrease) Expenditures (Uses) Reserves 305.0900.541.9920 (458,550) Revenues (Sources) Fund Balance Carryover 305.0000.389.0000 458,550 Police Impact Fund Increase (Decrease) Expenditures (Uses) Reserves 302.1000.521.9920 2,6 3u Revenues (Sources) F u n d Balance Carryover 302.0000.389.0000 2,630 Fire Impact Fund Expenditures (Uses) Reserves 303.1200.522.9920 Revenues (Sources) Fund Balance Carryover 303.0000.389.0000 Increase (Decrease) 12,747 Recreation Impact Fund Increase (Decrease) Expenditures (Uses) Reserves 301.2000.5719920 (3,224) Revenues (Sources) Fund Balance Carryover 301.0000.389.0000 3,224 PGA Flyover Fund Expenditures (Uses) Reserves 308.0900.519.9920 Revenues (Sources) Fund Balance Carryover 308.0000.389.0000 Increase (Decrease) (93,582) G:\finance—administration\Budget Amendments\FY 2009_2010 \ordinance 39 2009 exhibitl 2 City of Palm Beach Gardens Budget Amendment - Ordinance 39, 2009 FYE 09/30/10 Exhibit "1" Burns Road Fund Increase (Decrease) Expenditures (Uses) Reserves 309.0900.519.9920 419 Revenues (Sources) Fund Balance Car over 309.0000.389.0000 41 l) Fleet Maintenance Fund Increase (Decrease) Expenditures (Uses) Reserved Net Assets 501.3020.539.9921 306,403 Revenues (Sources) Balance Carryover 501.0000.389.0000 306,403 Golf Course Fund Increase (Decrease) Expenditures (Uses) Reserves 106.2500.572.9920 8,514 Revenues (Sources) Fund Balance Carryover 106.0000.389.0000 8,514 Self Insurance Fund Expenditures (Uses) Reserves 505.950.519.9920 Revenues (Sources) Balance Carry over 505.0000.389.0000 Police Grant Fund Expenditures (Uses) 101.1080.521.9920 Revenues (Sources) Fund Balance Carryover 101.389.0000 Increase (Decrease) (413,152) 413,121 Increase (Decrease) (16,381) G:\finance—administration\Budget Amendments\FY 2009_2010 \ordinance 39 2009 exhibitl 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 7, 2010 Ordinance: 40, 2009 Subject/Agenda Item: Ordinance 40, 2009, amending the City of Palm Beach Gardens General Employees' Defined Benefit Pension Plan [X] Recommendation to APPROVE [] Recommendation to DENY Rev! Originating Dept.: Costs: $ -0- Council Action: Finance (Total) Cit tt ey [ ]Approved $ -0- [ ]Approved w/ Current FY conditions dl�-J [ ] Denied Finance Administrator Funding Source: [ ] Continued to: Advertised: Attachments: Date: Dec. 23, 2009 [ ] Operating Paper: Palm Beach Post [ ] Other Ordinance 40, 2009 N/A [ ] Not Required Submitted by: Department Director Affected parties [ X ] Notified Budget Acct. #: N/A Approved by: [ ] Not required �QVManager u Meeting Date: January 7, 2010 Ordinance: 40, 2009 BACKGROUND: The General Employees' Pension Plan is a defined benefit plan that was originally established in 1982. The Pension Plan was closed to new members in 1997, and at that time employees who were participating in the Pension plan had the option of continuing to participate for as long as they were employed by the City. The City subsequently joined the Florida Retirement System for its general employees, and most general employees now participate in FRS. Only two City employees currently participate in the General Employees' pension Plan. The City has determined that the Pension Plan can be administered more efficiently and at a lower cost by reducing the size of the board of trustees from 5 to 3 members, and by contracting with the Florida Municipal Pension Trust Fund ( FMPTF), established by the Florida League of Cities, for administrative and investment management services. Proposed Plan Changes: 1. Reduce the board of trustees from 5 to 3 members. The new board would consist of the City Manager /designee, Finance Administrator /designee, and one active plan member or retiree (or if a plan member or retiree is unwilling or unable to serve, the Human Resources Administrator /designee) appointed by the City Council. 2. Authorize the board of trustees to enter into a contract with the FMPTF to provide administrative and investment management services. The FMPTF was created in 1983 to help Florida local governments provide retirement plans to their employees with a low -cost, worry free approach. Services in the FMPTF are provided on a "Bundled" (all services) basis, and include: Administration, Actuarial, Custodial Services, Investment Management and Performance Evaluation. All contractual services have been negotiated in the best interest of the governmental entities participating in the program, thus, meeting the objectives of the Fund, to collectively provide for lower administrative and services cost. The FMPTF administrative and investment expenses will be approximately 0.7% or 70 basis points of assets. Actual expenses depend on which of the investment allocations is chosen, 50/50, 60/40, or 70/30. A three year history of the FMPTF returns (using performance of the 60/40 fund) and expenses, and the General Employee Defined Benefit Fund returns and expenses is represented in the table below: Calendar Year FMPTF Returns General Employee Fund Returns FMPTF Expenses General Employee Fund Expenses 2006 7.39% 6.95% $23,293 $50,724 2007 11.75% 15.13% 25,125 39,796 2008 - 12.19% - 15.36% 20,454 39,106 As you can see, the FMPTF returns out - performed the General Employee Pension Fund two out of three years, and the expenses were substantially less than the Fund's actual expenses all three years, due to the economies of scale that the FMPTF is able to provide. In addition, we have recently been notified by the investment monitor for the General Employee Pension Fund, of a requested increase in their quarterly fees of approximately 50 %, or $4,500 per year. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 40, 2009 on second and final reading. 1 ORDINANCE 40, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 3. 6 PERSONNEL PROGRAM. ARTICLE XII. GENERAL EMPLOYEES' 7 PENSION PLAN (DB) AT SECTION 3 -128. BOARD OF TRUSTEES. 8 BY REPEALING SUBSECTIONS (a) — (d) AND READOPTING 9 SAME, AS REVISED, IN ORDER TO AMEND THE COMPOSITION 10 OF THE BOARD AND TO AUTHORIZE THE BOARD TO 11 CONTRACT WITH FLORIDA MUNICIPAL PENSION TRUST FUND 12 FOR ADMINISTRATIVE AND INVESTMENT MANAGEMENT 13 SERVICES; FURTHER AMENDING CHAPTER 3. AT SECTION 3- 14 129. FINANCES AND FUND MANAGEMENT. BY REPEALING 15 SUBSECTION (c) AND READOPTING SAME, AS REVISED, IN 16 ORDER TO ADD THE FLORIDA MUNICIPAL PENSION TRUST 17 FUND TO THE LIST OF PERMITTED SERVICE PROVIDERS; 18 PROVIDING THAT EACH AND EVERY OTHER SECTION AND 19 SUBSECTION OF CHAPTER 3. PERSONNEL PROGRAM. SHALL 20 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY 21 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 22 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 23 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 24 25 26 WHEREAS, the City Council of the City of Palm Beach Gardens, Florida 27 established the General Employees' Pension Plan in 1982; and 28 29 WHEREAS, the General Employees' Pension Plan has been subsequently 30 amended on numerous occasions; and 31 32 WHEREAS, the General Employees' Pension Plan was dosed to new members 33 in 1997; and 34 35 WHEREAS, most general employees of the City now participate in the Florida 36 Retirement System; and 37 38 WHEREAS, only two City employees now participate in the General Employees' 39 Pension Plan; and 40 41 WHEREAS, the City Council has determined that the General Employees' 42 Pension Plan can be administered more efficiently and cost- effectively by a smaller 43 Board of Trustees, and by contracting with the Florida Municipal Pension Trust Fund for 44 administration and investment management services; and 45 46 47 Ordinance 40, 2009 1 WHEREAS, the City Council has determined that adoption of this Ordinance is in 2 the best interests of the health, safety, and welfare of the residents and citizens of the 3 City of Palm Beach Gardens and the public at large. 4 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 7 OF PALM BEACH GARDENS, FLORIDA that: 8 9 SECTION 1. Chapter 3, Personnel Program, Article XII, General Employees' 10 Pension Plan (DB), of the City Code of Ordinances is hereby amended at Section 3- 11 128, Board of trustees by repealing subsections (a) — (d) and readopting same, as 12 revised; providing that Section 3 -128 shall hereafter read as follows: 13 14 Sec. 3 -128. Board of trustees. 15 16 (a) The sole and exclusive administration of and responsibility for the proper 17 operation of the system and for making effective the provisions of this article are hereby 18 vested in a board of trustees. The board is hereby designated as the plan 19 administrator. The board shall consist of three five trustees: thFee of whem shall, 20 , who 6hall be appointed 21 by the Gity GeuRGil, and one of whom shall be a member of the system, a retiree or, if a 22 member or retiree is unwilling or unable to serve, the human resources director or 23 his /her designee;_p legal Fesident of the Gity, who shall also be appointed by th 24 seuReil one of whom shall be the city manager or his /her designee; and one of whom 25 shall be the finance administrator or his /her designee. The fifth #Ustee shall be rhesen 26 ' 27 , the 28 , 29 tFUstee. The fifth tFustee shall have the Fights a6 eaGh of the etheF fOUF tFUSteeS 30 31 32 years, 33 The board 34 shall meet at least semi - annually each year. The board shall be a legal entity with, in 35 addition to other powers and responsibilities contained herein, the power to bring and 36 defend lawsuits of every kind, nature, and description. 37 38 (b) The trustees shall, by a majority vote, elect a chairman and a vice - 39 chairman /secretary. The secretary of the board shall keep a complete minute book of 40 the actions, proceedings, or hearings of the board. The trustees shall not receive any 41 compensation as such, but may receive expenses and per diem as provided by law. 42 43 44 45 46 r: Ordinance 40, 2009 1 (c) Each trustee shall be entitled to one vote on the board. Two Tree affirmative 2 votes shall be necessary for any decision by the trustees at any meeting of the board. 3 A trustee shall have the right to abstain from voting as the result of a conflict of interest 4 provided that trustee complies with the provisions of F.S., § 112.3143. 5 6 (d) The board shall engage such actuarial, accounting, legal, and other services as 7 shall be required to transact the business of the system. The board is authorized to 8 enter into a contract with the Florida Municipal Pension Trust Fund for administration 9 and investment management services. The compensation of all persons engaged by 10 the board and all other expenses of the board necessary for the operation of the system 11 shall be paid from the fund at such rates and in such amounts as the board shall agree. 12 In the event the board chooses to use the city's legal counsel, actuary or other 13 professional, technical or other advisors, it shall do so only under terms and conditions 14 acceptable to the board. 15 16 (e) (This subsection shall remain in full force and effect as previously adopted) 17 18 SECTION 2. Chapter 3, Personnel Program, Article XII, General Employees' 19 Pension Plan (DB), of the City Code of Ordinances is hereby amended at Section 3- 20 129, Finances and fund management, by repealing subsection (c) and readopting 21 same, as revised; providing that Section 3 -129 shall hereafter read as follows: 22 23 Sec. 3 -129. Finances and fund management. 24 25 (a) -(b) (These subsections shall remain in full force and effect as previously adopted.) 26 27 (c) All funds of the general employees' pension plan (DB) may be deposited by the 28 board with the finance administrator direster of the city, acting in a ministerial capacity 29 only, who shall be liable in the same manner and to the same extent as he is liable for 30 the safekeeping of funds for the city. However, any funds so deposited with the finance 31 d+resto administrator of the city shall be kept in a separate fund by the finance d+rester 32 administrator or clearly identified as such funds of the general employees' pension plan 33 (DB). In lieu thereof, the board shall deposit the funds of the general employees' 34 pension plan (1313) in a qualified public depository as defined in F.S., § 280.02, which 35 depository with regard to such funds shall conform to and be bound by all of the 36 provisions of F.S., Chapter 280. In order to fulfill its investment responsibilities as set 37 forth herein, the board may retain the services of a custodian bank, an investment 38 advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from 39 such required registration, an insurance company, the Florida Municipal Pension Trust 40 Fund, or a combination of these, for the purposes of investment decisions and 41 management. Such investment manager shall have discretion, subject to any 42 guidelines as prescribed by the board, in the investment of all fund assets. 43 44 (d) --(f) (These subsections shall remain in full force and effect as previously adopted.) 45 46 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 40, 2009 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 4. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 5. Specific authority is hereby given to codify this Ordinance SECTION 6. This Ordinance shall become effective immediately upon adoption. PASSED this day of , 2009, upon first reading. PASSED AND ADOPTED this day of , 2010, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor David Levy, Vice Mayor Eric Jablin, Councilmember Jody Barnett, Councilmember Robert G. Premuroso, Councilmember ATTEST: =37 Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney FOR AGAINST ABSENT G :\attorney_share \ORDINANCES\2009 \Ordinance 40 2009 General employees DB changes.doc 4 2 RESOLUTION 4, 2010 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA APPROVING A STIPULATED 7 AGREEMENT AND GENERAL RELEASE BETWEEN THE CITY OF 8 PALM BEACH GARDENS AND WENDY M. ROSS /ROSS 9 SCULPTURE STUDIO; PROVIDING AN EFFECTIVE DATE; AND 10 FOR OTHER PURPOSES. 11 12 13 WHEREAS, the City and Wendy M. Ross /Ross Sculpture Studio entered into an 14 Artist Agreement on May 19, 2005, to commission Ms. Ross to sculpt art for the PGA 15 Flyover; and 16 17 WHEREAS, subsequent to delivery of the subject sculptures, certain disputes 18 and controversies did occur between the City and Ms. Ross; and 19 20 WHEREAS, on April 14, 2008, the City and Ms. Ross entered into a 21 memorandum of agreement in an attempt to address and resolve such controversies; 22 and 23 24 WHEREAS, the subject dispute has continued and now both parties desire to 25 amicably resolve the matter in accordance with the terms and conditions set forth in the 26 attached Stipulated Agreement and General Release; and 27 28 WHEREAS, the City Council deems approval of this Resolution to be in the best 29 interests of the health, safety, and welfare of the residents and citizens of the City of 30 Palm Beach Gardens and the public at large. 31 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 34 OF PALM BEACH GARDENS, FLORIDA that: 35 36 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 37 38 SECTION 2. The City Council hereby approves the Stipulated Agreement and 39 General Release between the City of Palm Beach Gardens and Wendy M. Ross /Ross 40 Sculpture Studio and authorizes the Mayor to execute such Stipulated Agreement and 41 General Release. 42 43 SECTION 3. This Resolution shall become effective immediately upon adoption. 44 45 46 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 4, 2010 PASSED AND ADOPTED this day of , 2010. CITY OF PALM BEACH GARDENS, FLORIDA : ATTEST: :a Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney VOTE: MAYOR RUSSO VICE MAYOR LEVY COUNCILMEMBER JABLIN COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO Joseph R. Russo, Mayor AYE NAY ABSENT G:\ attorney_ share \RESOLUTIONS\2010\Resolution 4 2010 - wendy ross stipulated agmt and general release.doc STIPULATED AGREEMENT AND GENERAL RELEASE THIS STIPULATED AGREEMENT AND GENERAL RELEASE (the "Agreement "), dated this day of December, 2009 (the "Effective Date ") is between WENDY M. ROSS/ROSS SCULPTURE STUDIO, a sole proprietorship doing business as Ross Sculpture Studio, 6611 Landon Lane, Bethesda, Maryland 20817 ( "Ross ") and the CITY OF PALM BEACH GARDENS, a Florida municipality, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 ("City ") WITNESSETH: WHEREAS, Ross and City entered into that certain contract dated May 19, 2005 (the "Finalist Agreement "); and WHEREAS, Ross and City entered into that certain memorandum of agreement dated April 14, 2008 (the "Memorandum of Agreement "); and WHEREAS, certain disputes and controversies have arisen between the parties; WHEREAS, the parties desire to amicably resolve the aforementioned disputes and controversies upon the teens and conditions set forth below. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, and for other valuable consideration acknowledged by each of the parties to be satisfactory and adequate, the parties covenant and agree as follows: 1. Ross, on behalf of itself, its representatives, executors, successors and assigns (collectively, "Ross Releasor "), in consideration of the covenants contained herein, does hereby acquit, release and forever discharge City, and its agents, servants, officers, directors, stockholders, releasors, predecessors, subsidiaries, affiliates, successors, assigns and other representatives (collectively, "City Releasee ") from all claims, demands, debts, damages, -1- liabilities, obligations, actions or causes of action, whether known or unknown, foreseen and unforeseen, fixed, accrued or contingent, liquidated or unliquidated, matured or unmatured, direct or derivative or consequential, arising from contract, tort, statute, regulation or otherwise, arising from the Finalist Agreement and/or the Memorandum of Agreement (collectively, "Ross Claims "). By way of example and not of limitation, the release specifically includes but is not limited to any and all claims or rights of Ross and/or obligations of City regarding the location, , repair, conservation, restoration or ultimate disposition of the sculpture which is the subject of the "Ross Claims". 2. City, on behalf of itself, its representatives, executors, successors and assigns (collectively, "City Releasor "), in consideration of the covenants contained herein, does hereby acquit, release and forever discharge Ross, and its agents, servants, officers, directors, stockholders, releasors, predecessors, subsidiaries, affiliates, successors, assigns and other representatives (collectively, "Ross Releasee") as well as its contractors or subcontractors from all claims, demands, debts, damages, liabilities, obligations, actions or causes of action, whether known or unknown, foreseen and unforeseen, fixed, accrued or contingent, liquidated or unliquidated, matured or unmatured, direct or derivative or consequential, arising from contract, tort, statute, regulation or otherwise, arising from the Finalist Agreement and/or the Memorandum of Agreement (collectively, "City Claims "). By way of example and not of limitation, the release specifically includes but is not limited to any and all real or alleged design or construction defects, whether patent or latent, regarding the sculpture that is the subject of the "City Claims ". 3. The parties acknowledge and agree that no consideration other than as provided for in this Agreement has been or will be paid or furnished by either party. The parties acknowledge -2- and agree that neither will make any claim and hereby waive any right the other may now have or may hereafter have, based upon any alleged oral alteration, amendment, modification, or any other alleged change in this Agreement. The parties agree that the mutual release exchanged by the parties hereunder constitutes sufficient consideration for this Agreement. 4. The parties fully understand that if any fact with respect to which this Agreement is executed is found hereafter to be other than or different from the facts in that connection now believed by either to be true, they expressly accept and assume the risk of such possible difference in fact and agree that this Agreement will be and remain effective notwithstanding such difference in fact. 5. The waiver of any provision of this Agreement will in no manner affect the right to enforce the same, and the waiver by any party of any breach of any provision of this Agreement will not be construed to be a waiver of such party of any succeeding breach of such provision or a waiver by such party of any breach of any other provision. 7. This Agreement represents the entire understanding and agreement between the parties with respect to its subject matter and there are no promises, agreements, conditions, undertakings, warranties, or representations, whether written or oral, express or implied, between the parties other than as set forth herein. This Agreement cannot be amended, supplemented, or modified except by an instrument in writing signed by the parties against whom enforcement of such amendment, supplement or modification is sought. 8. THE PARTIES REPRESENT THAT THEY HAVE CAREFULLY READ THIS AGREEMENT, IT HAS BEEN FULLY EXPLAINED THEM, THAT THEY HAD THE OPPORTUNITY TO HAVE IT REVIEWED BY AN ATTORNEY, AND THAT THEY FULLY UNDERSTAND ITS FINAL AND BINDING EFFECT, AND THAT THE ONLY -3- PROMISES MADE TO THEM TO SIGN THE AGREEMENT ARE THOSE STATED IN THE AGREEMENT, AND THAT THE PARTIES ARE SIGNING THIS AGREEMENT VOLUNTARILY WITH THE FULL INTENT OF RELEASING EACH OTHER OF ALL CLAIMS. 9. THE PARTIES KNOWINGLY, VOLUNTARILY, IRREVOCABLY, UNCONDITIONALLY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON THIS AGREEMENT OR ANY CLAIMS ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALINGS, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PERSON OR PARTY RELATED TO THIS AGREEMENT OR ANY CLAIMS; THIS IRREVOCABLE WAIVER OF THE RIGHT TO A JURY TRIAL BEING A MATERIAL INDUCEMENT TO BOTH PARTIES TO ENTER INTO THIS AGREEMENT. 10. This Agreement, the rights and obligations of the parties, and any claims or disputes relating in any way to this Agreement or any Claims will be governed by and construed in accordance with the laws of the State of Florida, without regard to its choice of law principles. Each party, by executing this Agreement, (a) irrevocably submits to the exclusive jurisdiction of any federal or Florida state court sitting in the County of Palm Beach, State of Florida, United States of America, in respect of any suit, action or proceeding arising out of or relating in any way to this Agreement, and irrevocably accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of such courts and to be bound by any judgment rendered in such courts; (b) waives, to the fullest extent it may do so effectively under applicable law, any objection it may have to the laying of the venue of any such suit, action or proceeding brought in -4- any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and (c) irrevocably consents, to the fullest extent it may do so effectively under applicable law, to the service of process of any of the aforementioned courts in any such suit, action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to the address of the recipient of the service process, such service to become effective five (5) days (or such other period of time provided by applicable law) after such mailing. IN WITNESS WHEREOF, the parties hereto have executed this Stipulated Agreement and General Release, in duplicate on the date first written above. ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEUALSU FICIENG Attorney CITY OF PALM BEACH GARDENS By: Joseph R. Russo, Mayor WENDY M. ROSS/ROSS SCULPTURE STUDIO By: "(A, 1M . Q 4-ot, Wendy M. Ross WI NES By: rant ame: ShxES P l3A RNE By: Printed Name:����� q, -5- T7 ba �- .�.sb I. II. III. IV LY VI. W1 CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 7, 2010 7:00 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: a. Mayor's Veterans Golf Tournament — check presentation ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: CITY MANAGER REPORT: 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 { Approve Minutes from December 17, 2009 b. (Page 12 Proclamation — Arbor Day C. (Page 13 Proclamation — Gary and Jennifer Lesser IX. PUBLIC HEARINGS: (* Designates Quasi - Judicial Hearing) a. *(Staff Report on Page 14. Resolution on Pale 27) Resolution 2, 2010 - PGA National temporary module structure. A Resolution of the City Council of the � of Palm Beach Gardens, Florida approving a miscellaneous petition for the 6,0 PGA National Resort Community Development of Regional Impact (DRI) / Planned Community Development (PCD), which is bounded by PGA Boulevard to the North, Northlake Boulevard to the South, the Florida Turnpike to the East, and the C -18 Canal to the West, as described more particularly herein, to allow construction of a temporary modular structure at the East end of the existing driving range at the PGA National Resort Core Golf Course; providing conditions of approval; providing an effective date, and for other purposes. b. (Staff Report on Pa- ge 43. Ordinance on Page 162) Ordinance 24, 2009 - (2nd reading and adoption) Hilltop Gardens Large -scale Comprehensive Plan Future Land Use Plan Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a large scale amendment to its s'v Comprehensive Development Plan in accordance with the mandates set forth in Chapter 163, Florida Statutes, specifically Section 163.3184, et seq., Florida Statutes, pursuant to application No. CPMA- 09 -03- 000011, which provides for an amendment to the City's Future Land Use Map designating one (1) parcel of real property comprising approximately twenty -three and 16/100 (23.16 +) acres, more or less, in size as "(C) Commercial "; such parcel being located generally North of Northlake Boulevard, East of the C -17 Canal, South of the Seacoast Utility Richard Road Plant, and West of the Hilltop Park Mobile Home Park, informally known as "Hilltop Gardens "; providing for compliance with all requirements of Chapter 163, Florida Statutes; providing for transmittal to DCA; providing a conflicts clause, a severability clause, and authority to codify; providing an date; for RLO-1, 'a`s k effective and other purposes. Theme i 3 0. xi&.,r 4-I.e `r at-* "OA-L- w.s kIVLj To R.C<411t. &.01, 'lip �.�,eZM• - urn �,,,,,a,.w►� M*AiX, C. *(Staff Report on Page 171, Ordinance on Page 190 Ordinance 25, 2009 - (2nd reading and adoption) Hilltop Gardens Rezoning. An Ordinance of the City p�Sy� Council of the City of Palm Beach Gardens, Florida rezoning one (l) parcel of D S' real property comprising approximately twenty -three and 16/100 (23.16 ±) acres, more or less, in size; such parcel being located North of Northlake Boulevard, East of the C -17 Canal, South of the Seacoast Utility Richard Road Plant, and West of the Hilltop Park Mobile Home Park, informally known as "Hilltop Gardens "; from Residential Medium (RM) to Commercial General (CG1) zoning district; providing that the City zoning district map be revised accordingly; providing a conflicts clause and a severability clause; providing authority to codify; providing an effective date; and for other purposes. d. (Staff Report on Page 196. Ordinance on Page 23_0) Ordinance 36, 2009 - (2nd a reading and adoption) Amendment to the City Code regarding platting 060A requirements. An Ordinance of the City Council of the City of Palm Beach ` Gardens, Florida amending Chapter 78. Land Development. at Section 78 -43. Review of Applications for Development Order Approval by repealing Table 1 of Section 78-43 and readopting same, as revised; further amending Chapter 78 by repealing Section 78 -426. Variances. and readopting same, as revised, for internal consistency; further amending Chapter 78 by repealing Subsections 78 -427 (b)(1) and (b)(2) and Section 78-428 and readopting same, as revised, in order to provide criteria for platting exceptions; further amending Chapter 78 by adopting new Section 78 -429, entitled "Requirements in Lieu of Platting" and new Section 78-430, entitled "Other Platting Requirements" in order to provide regulations when Platting is not required; further amending Chapter 78 by repealing Sections 78 -441, 78 -445, and 78-446 and readopting same, as revised, in order to clarify application requirements for subdivision plans and to establish regulations for technical compliance review and approval; providing that each and every other Section and Subsection of Chapter 78. Land Development. shall remain in full force and effect as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. e. (Staff Report on Page 245, Ordinance on Page 247) Ordinance 38, 2009 — (2nd reading and adoption) Amending Fiscal Year 2009/2010 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of S� Palm Beach Gardens' budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010, inclusive; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. f. (Staff Report on Page 253, Ordinance on Pate 255) Ordinance 39, 2009 - (2nd reading and adoption) Amending Fiscal Year 2009/2010 Budgeted Fund Balances Actual Amounts. An Ordinance of the City Council of the City of Palm Beach S-O Gardens, Florida amending the City of Palm Beach Gardens' budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010, inclusive; providing a conflicts clause, and a severability clause; providing an effective date; and for other purposes. g. (Staff Report on Page 260, Ordinance on Page 263) Ordinance 40, 2009 - (2nd RPSSJ reading and adoption) Amending the General Employees Pension Plan. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida S'-a amending Chapter 3. Personnel Program. Article XUC19eneral Employees' Pension Plan (DB) at Section 3 -128. Board of Trustees. by repealing subsections (a) — (d) and readopting same, as revised, in order to amend the composition of the board and to authorize the board to contract with Florida Municipal Pension Trust Fund for administrative and investment management services; further amending Chapter 3. at Section 3 -129. Finances and Fund Management. by repealing Subsection (c) and readopting same, as revised, in order to add the Florida Municipal Pension Trust Fund to the list of permitted service providers; providing that each and every other Section and Subsection of Chapter 3. Personnel Program. shall remain in full force and effect as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: a. (Resolution on ['a -ge 267) Resolution 4, 2010 - Stipulated Agreement with Wendy Ross. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Stipulated Agreement and General Release between S-0 the City of Palm Beach Gardens and Wendy M. Ross/Ross Sculpture Studio, providing an effective date; and for other purposes. XIV. 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 S 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. 8vD ' 7: s1 CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 7, 2010 7:00 P.M. Mayor Russo Vice Mayor Levy Council Member Jablin Council Member Barnett Council Member Premuroso I. .✓ PLEDGE OF ALLEGIANCE II. ! ROLL CALL III. / ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. Mayor's Veterans Golf Tournament — check presentation V. I` 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 5 Approve Minutes from December 17, 2009 5 ,U b. Pa e 12 Proclamation — Arbor Day C. Pa a 13 Proclamation — Gary and Jennifer Lesser IX. PUBLIC HEARINGS: (* Designates Quasi - Judicial Hearing) a. ✓ * (Staff Report on Page 14, Resolution on Page 27) Resolution 2, 2010 - PGA National temporary module structure. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a miscellaneous petition for the PGA National Resort Community Development of Regional Impact (DRI) / S Planned Community Development (PCD), which is bounded by PGA Boulevard to the North, Northlake Boulevard to the South, the Florida Turnpike to the East, and the C -18 Canal to the West, as described more particularly herein, to allow construction of a temporary modular structure at the East end of the existing driving range at the PGA National Resort Core Golf Course; providing conditions of approval; providing an effective date; and for other purposes. s b. (Staff Report on Page 43, Ordinance on Page 162) Ordinance 24, 2009 - (2nd reading and adoption) Hilltop Gardens Large -scale Comprehensive Plan Future Land Use Plan Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a large scale amendment to its Comprehensive Development Plan in accordance with the mandates set forth in Chapter 163, Florida Statutes, specifically Section 163.3184, et seq., Florida Statutes, pursuant to application No. CPMA- 09 -03- 000011, which provides for an ��- amendment to the City's Future Land Use Map designating one (1) parcel of real property comprising approximately twenty -three and 16/100 (23.16 +) acres, more or less, in size as "(C) Commercial "; such parcel being located generally North of Northlake Boulevard, East of the C -17 Canal, South of the Seacoast Utility Richard Road Plant, and West of the Hilltop Park Mobile Home Park, informally known as "Hilltop Gardens "; providing for compliance with all requirements of Chapter 163, Florida Statutes; providing for transmittal to DCA; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. C. *(Staff Report on Page 171, Ordinance on Page 190) Ordinance 25, 2009 (2nd reading and adoption) Hilltop Gardens Rezoning. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning one (1) parcel of real property comprising approximately twenty -three and 16/100 (23.16 +) acres, more or less, in size; such parcel being located North of Northlake Boulevard, East of the C -17 Canal, South of the Seacoast Utility Richard Road Plant, and West of the Hilltop Park Mobile Home Park, informally known as "Hilltop Gardens "; from Residential Medium (RM) to Commercial General (CG1) zoning district; providing that the City zoning district map be revised accordingly; providing a conflicts clause and a severability clause; providing authority to codify; providing an effective date; and for other purposes. d. (Staff Report on Page 196, Ordinance on Page 230) Ordinance 36, 2009 - (2nd reading and adoption) Amendment to the City Code regarding platting requirements. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78. Land Development. at Section 78 -43. Review of Applications for Development Order Approval by repealing Table 1 of Section 78 -43 and readopting same, as revised; further amending Chapter 78 by repealing Section 78 -426. Variances. and readopting same, as revised, for internal consistency; further amending Chapter 78 by repealing Subsections 78 -427 (b)(1) and (b)(2) and Section 78 -428 and readopting same, as revised, in order to provide criteria for platting exceptions; further amending Chapter 78 by adopting new Section 78 -429, entitled "Requirements in Lieu of Platting" and new Section 78 -430, entitled "Other Platting Requirements" in order to provide regulations when Platting is not required; further amending Chapter 78 by repealing Sections 78 -441, 78 -445, and 78 -446 and readopting same, as revised, in order to clarify application requirements for subdivision plans and to establish regulations for technical compliance review and approval; providing that each and every other Section and Subsection of Chapter 78. Land Development. shall remain in full force and effect as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. 0 e. (Staff Report on Pa a 245, Ordinance on Page 247) Ordinance 38, 2009 - (2nd reading and adoption) Amending Fiscal Year 2009/2010 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010, inclusive; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. f. (Staff Report on Page 253, Ordinance on Pape 255) Ordinance 39, 2009 - (2nd reading and adoption) Amending Fiscal Year 2009/2010 Budgeted Fund Balances Actual Amounts. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010, inclusive; providing a conflicts clause, and a severability clause; providing an effective date; and for other purposes. g. (Staff Report on Page 260, Ordinance on Page 263) Ordinance 40, 2009 - (2nd reading and adoption) Amending the General Employees Pension Plan. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 3. Personnel Program. Article XII. General Employees' -0 Pension Plan (DB) at Section 3 -128. Board of Trustees. by repealing subsections (a) - (d) and readopting same, as revised, in order to amend the composition of the board and to authorize the board to contract with Florida Municipal Pension Trust Fund for administrative and investment management services; further amending Chapter 3. at Section 3 -129. Finances and Fund Management. by repealing Subsection (c) and readopting same, as revised, in order to add the Florida Municipal Pension Trust Fund to the list of permitted service providers; providing that each and every other Section and Subsection of Chapter 3. Personnel Program. shall remain in full force and effect as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. X. RESOLUTIONS: p wv XI ORDINANCES: (For Consideration on First Reading) /\)oNcr XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: poiU XIII. CITY ATTORNEY REPORT: a. (Resolution on Page 267) Resolution 4, 2010 - Stipulated Agreement with Wendy Ross. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Stipulated Agreement and General Release between the City of Palm Beach Gardens and Wendy M. Ross/Ross Sculpture Studio; providing an effective date; and for other purposes. XIV. 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. ON O U � U E O v L LL � Cn Q � 0 co 4) E E O °C U 0 U 'J 11 61 NT r, v U (D U > E n (D CO c Q) 4— Q)�o 0 0 E U - CT Eu :3cn0 °7omU L Q) � Q� Uz�O (D0U 70 co :3 0 .L v > _0 E CL a) Co Q a� a) C 0 Q) 0 + E E.0 a)©0 � a- C) a_ �. cn a a_ Z Q 0 cn v U (D U > E n (D CO c Q) 4— Q)�o 0 0 E U - CT Eu :3cn0 °7omU L Q) � Q� Uz�O (D0U 70 co :3 0 .L v > _0 E CL a) Co Q a� a) C 0 Q) 0 + E E.0 a)©0 � a- C) U I U ::) C CL p W U i � U 2 Om Irr L 70 Z W cr Q) O oC U a ai W E EL Z S `4 uj a L El T N -ti U ry� .il cn U .Q Q) U iu >1 U) Lo N a O -0 " Q � cu o © E U) 0 � Q) +� E G4 p7 tU � C � N a � (A U C E �c U) 0— O c ` qUj U•LQL .L �C -r L o Q C: cz �� cz Q) a�0o0 W O N C E EoC 'C :3 N � 0. U r U n o CU U U) 0 H 70 C0 Q O Q v E v O n- o U) v a) Q) co - a z Q v U Q) 4 v O E < v 0 O Q) U) 0 � � v L O DD-C _ z3�� E cn 0 O L v .O U) Qv� CU L Q O E NO E v E .o C v 0 0 f PUBLIC HEARINGS: 01 /07/2010 Quasi- Judicial Title Read: Hearing Opened: Ex -Parte: JB DL JR HV EJ Petitioner presentation: Staff Presentation: Hearing Closed: Bring back for discussion: Motion: Vote: Non -Quasi Judicial Title Read: Hearing Opened: Petitioner presentation: Staff Presentation: Hearing Closed: Bring back for discussion: Motion: Vote: *Resolution 2, 2010 - PGA National temporary module structure request. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a miscellaneous petition for the PGA National Resort Community Development Of Regional Impact (DRI) / Planned Community Development (PCD), which is bounded by PGA Boulevard to the North, Northlake Boulevard to the South, the Florida Turnpike to the East, and the C -18 canal to the West, as described more particularly herein, to allow construction of a temporary modular structure at the East end of the existing driving range at the PGA National Resort Core Golf Course; providing conditions of approval; providing an effective date; and for other purposes. Ordinance 24, 2009 — (2nd reading and adoption) Hilltop Gardens Large -scale Comprehensive Plan Future Land Use Plan Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a large scale amendment to its Comprehensive Development Plan in accordance with the mandates set forth in Chapter 163, Florida Statutes, specifically Section 163.3184, et seq., Florida Statutes, pursuant to application No. CPMA- 09 -03- 000011, which provides for an amendment to the City's Future Land Use Map designating one (1) parcel of real property comprising approximately twenty -three and 16/100 (23.16 ±) acres, more or less, in size as "(C) Commercial "; such parcel being located generally North of Northlake Boulevard, East of the C -17 Canal, South of the Seacoast Utility Richard Road Plant, and West of the Hilltop Park Mobile Home Park, informally known as "Hilltop Gardens "; providing for compliance with all requirements of Chapter 163, Florida Statutes; providing for transmittal to DCA; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Quasi- Judicial Title Read: Hearing Opened: Ex -Pane: JB DL JR HV EJ Petitioner presentation: Staff Presentation: Hearing Closed: Bring back for discussion: Motion: Vote: Non - Ouasi Judicial Title Read: Hearing Opened: Petitioner presentation: Staff Presentation: Hearing Closed: Bring back for discussion: Motion: Vote: 2 *Ordinance 25, 2009 — (2nd reading and adoption) Hilltop Gardens Rezoning. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning one (1) parcel of real property comprising approximately twenty -three and 16/100 (23.16 ±) acres, more or less, in size, such parcel being located North of Northlake Boulevard, East of the C -17 Canal, South of the Seacoast Utility Richard Road Plant, and West of the Hilltop Park Mobile Home Park, informally known as "Hilltop Gardens ", from Residential Medium (RM) to Commercial General (CG1) zoning district; providing that the City zoning district map be revised accordingly; providing a conflicts clause and a severability clause; providing authority to codify; providing an effective date; and for other purposes. Ordinance 36, 2009 — (2nd reading and adoption) — Amendment to the City Code regarding platting requirements. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78. Land Development. at Section 78 -43. review of applications for development order approval by repealing Table I of Section 78-43 and readopting same, as revised; further amending Chapter 78 by repealing Section 78 -426. Variances. and readopting same, as revised, for internal consistency; further amending Chapter 78 by repealing Subsections 78427 (b)(1) and (b)(2) and Section 78 -428 and readopting same, as revised, in order to provide criteria for platting exceptions; further amending Chapter 78 by adopting new Section 78 -429, entitled "Requirements in Lieu of Platting" and new Section 78- 430, entitled "Other Platting Requirements" in order to provide regulations when Platting is not required; further amending Chapter 78 by repealing Sections 78 -441, 78- 445, and 78 -446 and readopting same, as revised, in order to clarify application requirements for subdivision plans and to establish regulations for technical compliance review and approval, providing that each and every other Section and Subsection of Chapter 78. Land Development. shall remain in full force and effect as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Non -Quasi Judicial Title Read: Hearing Opened: Petitioner presentation: Staff Presentation: Hearing Closed: Bring back for discussion: Motion: Vote: Non -Quasi Judicial Title Read: Hearing Opened: Petitioner presentation: Staff Presentation: Hearing Closed: Bring back for discussion: Motion: Vote: Non -Quasi Judicial Title Read: Hearing Opened: Petitioner presentation: Staff Presentation: Hearing Closed: Bring back for discussion: Motion: Vote: 3 Ordinance 38, 2009 — (2"d reading and adoption) Amending Fiscal Year 2009/2010 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010, inclusive; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. (POC Allan Owens) Ordinance 39, 2009 - (2"d reading and adoption) Amending Fiscal Year 2009/2010 Budgeted Fund Balances Actual Amounts. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010, inclusive; providing a conflicts clause, and a severability clause; providing an effective date; and for other purposes. (POC Allan Owens) Ordinance 40, 2009 - (2"d reading and adoption) Amending the General Employees Pension Plan. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 3. Personnel Program. Article XII. General Employees' Pension Plan (DB) at Section 3 -128. Board Of Trustees. by repealing subsections (a) — (d) and readopting same, as revised, in order to amend the composition of the board and to authorize the board to contract with Florida Municipal Pension Trust Fund for administrative and investment management services; further amending chapter 3. at Section 3 -129. Finances and Fund Management. by repealing Subsection (c) and readopting same, as revised, in order to add the Florida Municipal Pension Trust Fund to the list of permitted service providers; providing that each and every other Section and Subsection of Chapter 3. Personnel Program. shall remain in full force and effect as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. � C C v v � 3 L7 •r4 a ° rA r�.y IM+•�II � � rn � Li rA Piz a �PO PC Poo r D r b • ~ L Poo V/ ~ r..� .t 40 U b�A •� rA ,rA c 'cj r••i ' P" r..► ii � PC � � C C C P C 2 r.., OC os � s �~ 3 C o ow t4 +� •'" V c ° ;0.4U �' ,' 7 ),a 6,,y Cw�L to ee-r �J Rene I kT'o � Re f mj ra y A cyyart J2vsfc , The 4th Annual Mayors Veterans Classic Golf Tournament was held on Saturday November 14t" at the Palm Beach Gardens Municipal Golf Course. There were 148 Golfers and the event raised $19,415 for VA Medical Center. We hope everyone can join us next year at the 5t" Annual Mayors Veterans Classic Golf Tournament which will be held on Saturday, November 13, 2010 would like to introduce 3 people here tonight on behalf of the VA Medical Center: Greg Skomra, Sandi Karnbach and Frank Babich Comprehensive Plan Citizen Courtesy Information List Local Government: City of Palm Beach Gardens Hearing Date: January 7, 2010 Type Hearing: City Council Second Hearing) Petition Number: CPMA- 09 -03- 0000011: Hilltop Gardens Comprehensive Plan Map Amendment DCA Amendment Number: Please Print Clearly (DCA Official Use) By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. t.) jV, 6), 5 ' I -e J( /'q - qik 1- 7 -,�O) 0 r .S'ckn.c'du R 9 G Gr --- A4, /V\an�s�,M� • Check Citizen Address, City, Appropriate Identify Amendment Name State, Zip Code Response(s) which is of Interest Written Spoken Comment Comment t.) jV, 6), 5 ' I -e J( /'q - qik 1- 7 -,�O) 0 r .S'ckn.c'du R 9 G Gr --- A4, /V\an�s�,M� f PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday called Arbor Day was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our Community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, L Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim January 15, 2010 as: ARBOR DAY in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. Attest: IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 1" day of January in the lJ Two Thousand nd Ten. PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, Gary and Jennifer Lesser are active members of Temple Beth David and the Palm Beach Gardens community; and WHEREAS, as native Floridians, are involved in dozens of communal and charitable organizations and recipients of several awards ranging from the Palm Beach County Young Leadership Award to the Florida Legal Elite; and WHEREAS, they have held numerous positions in philanthropic associations and served on volunteer boards in the fields of art, education, religion and medical; and WHEREAS, serving in one of the oldest established law firms in Palm Beach County started by his Grandfather, their involvement and significant contributions have had an everlasting impact on the community; and WHEREAS, following in their footsteps are their three beautiful daughters, Lillian Jane, Josie Paige and Rebecca Joy who will watch and learn from their parents and continue their vision, commitment and dedication for many generations to come; and WHEREAS, in appreciation of the tireless and selfless dedication of Gary and Jennifer Lesser. NOW THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City ofPalm Beach Gardens, Florida, do hereby proclaim Gary and Jennifer Lesser as official honorees by their family and friends of Temple Beth David. Attest: IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal ofthe City of Palm Beach Gardens, Florida, to be affixed on this ~ day of January · the Year Two Thousand and Ten.