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Agenda Council Agenda 012110
CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 21, 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: 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: IX. PUBLIC HEARINGS: (* Designates Quasi - Judicial Hearing) a. * (Staff Report on Page 4, Ordinance on Page 25, Resolution on Page 30) Ordinance 3, 2010 - (1St reading) Regions Bank Planned Unit Development Major conditional use with site plan. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning certain real property within the corporate limits of the City of Palm Beach Gardens, consisting of one (1) parcel of real property comprised of one (1) platted lot totaling 1.54 acres, more or less, in size located on the North side of Northlake Boulevard approximately 500 feet East of I -95, with a street address of 3855 Northlake Boulevard, Informally known as the "Regions Bank Property "; providing that this parcel of real property which is more particularly described herein shall be assigned the City zoning designation of Planned Unit Development (PUD) Overlay with an underlying zoning designation of CG -1; providing that the zoning map of the City of Palm Beach Gardens be amended accordingly; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. Resolution 3, 2010 is a companion item to Ordinance 3, 2010 and will require Council action on Second Reading. Resolution 3, 2010 - Regions Bank PUD -- Major conditional use with site plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Regions Bank Planned Unit Development (PUD), Major Conditional Use, and site plan in order to allow a 3,820- square -foot bank with five (5) drive -thru lanes as more particularly described herein; providing waivers; providing conditions of approval; providing an effective date; and for other purposes. b. (Staff Report on Pate 56, Ordinance on Pate 152) Ordinance 4, 2010 — (1St reading) BallenIsles West Outparcel. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a small -scale amendment to its Comprehensive Development Plan in accordance with the mandates set forth in Chapter 163, Florida Statutes, specifically Section 163.3187(1)(c), et seq., Florida Statutes, which provides for an amendment to the City's Future Land Use Map designating one (1) parcel of real property comprising approximately 7.31 acres, more or less, in size as "(PO) Professional Office "; such parcel of land is located at the Southwest corner of the intersection of PGA Boulevard and BallenIsles Drive, informally known as `Ballenlsles West Outparcel "; providing for compliance with all requirements of Chapter 163, Florida Statutes; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. X. RESOLUTIONS: XI. ORDINANCES: (For Consideration on First Reading) a. (Staff Report on Page 158, Ordinance on Page 166) Ordinance 2, 2010 - Police Officers' Retirement Trust Fund. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 50. Police. of the City of Palm Beach Gardens Code of Ordinances at Section 50 -61. Definitions. By repealing the definitions of "Credited Service ", "Police Officer ", and "Salary" and readopting same, as revised; further amending Chapter 50 by repealing Sections 50 -82, 50 -90, 50 -124 and 50 -127 and subsections 50- 114(e), 50- 118(d), 50- 120(b) and 50- 152(d) in order to adopt provisions of the Heroes Earnings Assistance and Relief Tax Act of 2008 into the Police Pension Trust Fund regulations and for consistency with Chapter 185, Florida Statutes; providing that each and every other Section and Subsection of Chapter 50. Police. 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. XII. ITEMS FOR COUNCIL ACTION /DISCUSSION: XIIL CITY ATTORNEY REPORT: 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. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 21, 2010 PPUD- 07 -08- 000016 Ordinance 3, 2010 Resolution 3, 2010 SUBJECT /AGENDA ITEM Ordinance 3, 2010 and Resolution 3,2010: Regions Bank Planned Unit Development— Major Conditional Use with Site Plan First Reading: A request from Andrea Cardo, the agent for Regions Bank on behalf of Group Force Northlake LLC, to approve a rezoning of the Regions Bank from General Commercial (CG -1) to Planned Unit Development (PUD) overlay with an underlying zoning designation of CG -1, and Major Conditional Use on a 1.54 acre parcel previously occupied by the Scalisi Brothers Produce Market, located at 3855 Northlake Boulevard, approximately 500 feet east of I- 95. The proposed PUD and Major Conditional Use includes a 3,820 square foot bank with four (4) drive -thru lanes and one (1) additional lane for drive -up ATM use. [X] Recommendation to APPROVE with five (5) waivers [ ] Recommendation to DENY Reviewed b Originating Dept.: FINANCE: City Council: City o Growth Management: [ ] Rec. approval Project Finance [X] Approval I" reading R. Max AM an Esq. Manager Administrator: [ ] Rec. Denial Kate Wilson [ ] Continued to: Planner N/A Allan Owens Development Compliance: Planning Manager le Bahareh K. Wolfs, AICP Natalie Wong, AICP Accountant: [X] Quasi — Judicial Growth Management A d 'strator: [ ] Legislative fy . [X] Public Hearing Sarah Varga Advertised: Attachments: Kara L. Irwin, AICP 6, 2010 Fees Paid: [X] Yes ❖ Location Map 4. Ordinance J, 1965 each Post r Budget Acct. #• ❖ Easement Deed •�• PBC Traffic Concurrency Approved By: Canager ired N/A Letter ❖ McMahon Traffic Concurrency Letter Affected Parties: M. F -,*e Ordinance 3, 2010 s [X] Notified ❖ Resolution 3, 2010 ( ] Not Required :• Reduced Plans •'• Si na a Package Meeting Date: January 12, 2010 Ordinance 3, 2010 and Resolution 3, 2010 Page 2 of 14 BACKGROUND The subject property was annexed into the City of Palm Beach Gardens on November 29, 1965, through the adoption of Ordinance J, 1965. On November 1, 1990, City Council approved the site plan for the Scalisi Brothers Produce Market (Jerry & Joe's), located at 3855 Northlake Boulevard. The site plan included a 6,944 square foot retail building. The building was demolished in 2008. The site is currently vacant, and has not been developed since the original building was demolished. On August 1, 2007, the City received the subject petition, requesting to locate a 3,820 square foot Regions Bank with five (5) drive -thru lanes on the subject site. The application includes a rezoning from CG -1 to PUD overlay with an underlying designation of CG -1, site plan, Major Conditional Use, and five (5) waivers. LAND USE & ZONING The future land use designation of the subject site is Commercial (C), and has a zoning designation of General Commercial (CG -1). The Applicant is requesting approval to rezone to a Planned Unit Development (PUD) Overlay /General Commercial (CG -1) underlying zoning district. Table 1. Existing Zoning Land Use Designations EXISTING USE Subject Property ZONING CG1 — General Commercial t.ANDUSE C — Commercial Vacant North Palm Beach County RH 12 — Residential High Residential (October Park) RM — Residential Multifamily South Commercial CG — General Commercial C — Commercial ( Northlake Commons) East CG — General Commercial C — Commercial Restaurant (McDonald's) West Retail (Edwin Watts Golf CG — General Commercial C — Commercial Shop) CONCURRENCY On September 7, 2007, Palm Beach County Traffic Division approved the project for 3,820 square feet of "Financial Institution/Bank with drive through" use with a build -out date of 2010. On September 27, 2007, McMahon Associates, Inc., the City's traffic consultant, completed their review of the revised Traffic Impact Statement, and granted the project city traffic concurrency Meeting Date: January 12, 2010 Ordinance 3, 2010 and Resolution 3, 2010 Page 3 of 14 (see attached Concurrency Approval Letters). PROJECT DETAILS Building Site The 1.54 acre site is a flag shaped lot, located on Northlake Boulevard east of I -95. The site falls within the Central District of the Northlake Boulevard Overlay Zone (NBOZ). The Applicant is requesting to build a 3,820 square foot bank with four (4) drive -thru lanes and a fifth lane for drive -up ATM use. The north property line is delineated by a wood fence, and a two (2) lane alley that separates the commercial buildings from a single family residential area, located in unincorporated Palm Beach County. The south property line fronts Northlake Boulevard. The subject property abuts McDonald's restaurant on the east and Edwin Watts Golf Store on the west. An eight (8) foot cast concrete screen wall is proposed to replace the existing wooden fence along the entire northern property line. Northlake Boulevard Overlay Zone The NBOZ was established to implement the objectives of the Northlake Boulevard Corridor Conceptual Streetscape Plan. The NBOZ is an overlay based on a joint agreement between the City of Palm Beach Gardens, the Village of North Palm Beach, Town of Lake Park, and Palm Beach County. This agreement was established to improve the corridor by unifying design and development themes, improving signage, and encouraging redevelopment to improve the areas economic conditions. The subject project has been designed to meet the elements set forth in the overlay. Site Access Three (3) access points will be provided to the site: One (1) from Northlake Boulevard, one (1) from Sunrise Drive, and one (1) from the alley that runs along the north property line that connects to Sunrise drive. The alley includes a perpetual road easement, of which the City of Palm Beach Gardens is the easement holder. These three (3) access points will be used for both ingress and egress. An easement deed was entered into on February 1, 1991, between Anthony Jr. and Joseph M. Scalisi (the Grantors) and the City of Palm Beach Gardens, Florida (the Grantee). The agreement grants the Grantee a perpetual road easement of the twenty (20) feet along the north property line (see attached Easement Deed). The Applicant is responsible for the maintenance of all landscaping and structures proposed within the 20 foot easement. City Code Section 78- 322(a) requires the Applicant to fulfill this maintenance responsibility. Parking Section 78 -345 of the City Code, requires a Financial Institution with a drive through to provide one (1) parking space per 250 square feet. Based on the proposed building, 16 parking spaces are required. The Applicant has provided 23 spaces; seven (7) more than required. Because the Meeting Date: January 12, 2010 Ordinance 3, 2010 and Resolution 3, 2010 Page 4 of 14 provided parking is more than ten (10) percent above that required, the Applicant has requested a waiver from Section 78 -345 (see Waiver section). Architecture The Applicant proposes architecture in accordance with the design standards set forth in the NBOZ. The primary building color proposed is a sand color, with a light brown trim along the top of the main facade and around the door and window frames. A white ornamental trim with brackets runs along the entire facade just below the roofline. The eight (8) foot concrete wall proposed at the rear of the property will be constructed to match the primary building color. The roof consists of a brick colored Hanson Concrete tile. A parapet feature, located at the southeast comer of the building, will further enhance the aesthetics of the building, and create a stronger statement at the entrance. In addition, stone veneer will line the base of the building facade and vertically oriented windows will be placed along the south and east sides of the building. All of the architectural features proposed are consistent with the NBOZ design standards. S_gnage The Applicant is proposing signage for the project that includes: one (1) monument sign, two (2) building signs, six (6) lane identification signs, and 12 inch address numbers. A signage package has been provided as an attachment. The proposed monument sign fronts Northlake Boulevard, has a height of eight (8) feet, and a width of approximately nine (9) feet with a three (3) foot five (5) inch base, as required by Section 78 -285 of the City Code and Section 78 -229 of the NBOZ. The sign has approximately 12 inch letters and a 14 inch logo. The Applicant is requesting a waiver to allow the monument sign, because the subject parcel has less than 300 linear feet of street frontage as required by both the Northlake Boulevard Overlay and City Code (see Waiver section). Additionally, two (2) wall signs are proposed; one (1) to be located on the south building elevation, and one (1) located on the east elevation. Section 78 -285 of the City Code, Table 24, allows one (1) wall sign per tenant space. The Applicant is requesting a waiver to allow a second wall sign (see Waiver section). The wall signs consist of a logo and the tenant name. The logo has a height of approximately 31 inches and the lettering has a height of 21 inches. The proposed sign dimensions are consistent with the City's Code. Landscaping /Buffering The 1.54 acre site is proposed to be 63.5 percent impervious. The Applicant is providing 36.5 percent open space; 15 percent open space is required by City Code. The Applicant has provided a landscape buffer around the entire parcel. A 20 foot buffer is located along the south property line that fronts Northlake Boulevard, as required by Section 78- 228(k)(1)(c) of the NBOZ and LDR. A 9 foot and 16 foot buffer are provided along the east and west sides of the parcel, respectively, which exceeds the requirements of Section 78 -228 for an eight (8) foot buffer. City Code Section 78- 186(8), requires a minimum 15 foot wide landscape buffer where a commercial site abuts a residential property line. Additionally, this section of the code requires a Meeting Date: January 12, 2010 Ordinance 3, 2010 and Resolution 3, 2010 Page 5 of 14 six (6) foot minimum wall to separate the commercial use from the adjacent residential property, and requires this wall to be set five (5) feet from the property line. The Applicant is providing an eight (8) foot cast concrete screen wall, exceeding the required height. However, because there is a perpetual public access easement that runs along the north property line, the Applicant is proposing to set the wall two and one -half feet from the property line, and landscape the wall on the south side with ground shrubs. A waiver has been requested from Section 78 -186 for the 15 foot landscape buffer, and the five (5) foot property line offset due to site restrictions (see Waiver section). In place of the 15 buffer at the property line, the Applicant is providing a 15 wide landscape buffer on the south side of the access road. The parcel is also required by Section 78 -324 to adhere to the Roadway Beautification Plan. The Applicant will therefore be responsible for the installation and maintenance of the landscaping and irrigation for both the road shoulder along Northlake Boulevard, and their fair share of the median improvements proposed within Northlake Boulevard. Phasing The improvements will be completed in one (1) phase. Drainage The existing site is approximately 90 percent impervious, and has no existing stormwater system. All stormwater runoff is currently directed onto Northlake Boulevard and Sunrise Drive. The runoff from the building and the pavement areas drain directly south into Northlake Boulevard. The properties to the east and west are both approximately one (1) foot higher in elevation than the existing site. However, the proposed site will be raised to approximately the same elevation as the adjacent properties. The site is above the 100 year flood elevation and there are no wetlands on the parcel. The proposed stormwater facility will be an on -line dry detention system. The runoff from the building, pavement, and landscaped areas will flow into the pond, and overflow into a weir in the control structure. The overflow weir of the proposed stormwater system is above the rim elevation; therefore, tailwater conditions will not affect the performance of the stormwater management system. The stormwater management system will discharge into the roadway storm system, which conveys the water east into the adjacent drainage canal. (The remainder of this page intentionally left blank) Meeting Date: January 12, 2010 Ordinance 3, 2010 and Resolution 3, 2010 Page 6 of 14 Waiver Requests The Applicant has requested the following five (5) waivers: 1) The Applicant is requesting a waiver from City Code Section 78- 345(d)(3), Additional Parking, to allow more than a ten (10) percent increase in provided parking spaces. Based on the additional open space proposed by the Applicant, staff supports this waiver request. Section 78- 345(d)(4) of the Code, requires additional open space to be provided at a ratio of 1.5 square feet for each additional square foot of paved parking and vehicular circulation area, when excess parking is proposed. Therefore, an additional 1,295 square feet of open space has been provided to meet this requirement (see Sheet L1.1). 2) The Applicant is requesting a waiver from City Code Section 78 -229 Table 5 -6 and 78 -285, Table 24, to allow for a monument sign on a parcel with less than 300 linear feet of street frontage. The parcel has approximately 220 linear feet of street frontage along Northlake Boulevard. The two (2) parcels on either side of the subject parcel also have less than 300 L.F. of street frontage. However, both sites currently have monument signs on Northlake Boulevard. The project will be better identified on Northlake Boulevard with the monument sign. The proposed sign is approximately eight (8) feet tall by nine (9) feet wide, and has a Staff Code Section Requirement Proposal Waiver Support & Discussion 1 78- 345(d)(3) Additional parking (LDR) greater than ten (10) 23 spaces Seven spaces Approval percent. 2 78 -229 Table 5 -6 One monument sign per One monument (NBOZ) & 78 -285 300 L.F. of street sign with 220 80 L.F. of Approval Table 24 (LDR) frontage. L.F. of street street frontage frontage. 3 78 -285, Table 24 One wall sign per Two wall signs One wall sign A roval li (LDR) tenant space or parcel *size limited to 24" 4 Provide a 15 Relocate 78- 186(b)(10)(al) Required 15 foot foot buffer on landscape Approval (LDR) landscape buffer. south side of the buffer access road 5 78- 186(b)(10)(al) Required 8 foot wall to Set wall 2'/2 2'/2 foot offset (LDR) be set 5 feet from feet from from adjacent Approval property line. property line property line 1) The Applicant is requesting a waiver from City Code Section 78- 345(d)(3), Additional Parking, to allow more than a ten (10) percent increase in provided parking spaces. Based on the additional open space proposed by the Applicant, staff supports this waiver request. Section 78- 345(d)(4) of the Code, requires additional open space to be provided at a ratio of 1.5 square feet for each additional square foot of paved parking and vehicular circulation area, when excess parking is proposed. Therefore, an additional 1,295 square feet of open space has been provided to meet this requirement (see Sheet L1.1). 2) The Applicant is requesting a waiver from City Code Section 78 -229 Table 5 -6 and 78 -285, Table 24, to allow for a monument sign on a parcel with less than 300 linear feet of street frontage. The parcel has approximately 220 linear feet of street frontage along Northlake Boulevard. The two (2) parcels on either side of the subject parcel also have less than 300 L.F. of street frontage. However, both sites currently have monument signs on Northlake Boulevard. The project will be better identified on Northlake Boulevard with the monument sign. The proposed sign is approximately eight (8) feet tall by nine (9) feet wide, and has a Meeting Date: January 12, 2010 Ordinance 3, 2010 and Resolution 3, 2010 Page 7of14 copy area of approximately 29 square feet, which is consistent with both the City's sign code and the NBOZ. 3) The Applicant is requesting a waiver from City Code Section 78 -285 Table 24, to allow a second wall sign on a single building. Because the parcel has roadway frontage on Northlake Boulevard and Sunrise Drive, two (2) wall signs would be permitted under the NBOZ (Section 78 -229). Since the more restrictive code prevails, the Applicant is permitted only one (1) tenant sign. It is staff s professional opinion that the second wall sign enhances way - finding abilities for vehicles using Sunrise Drive to go west on Northlake Boulevard, and is consistent with the overall intent of the NBOZ. Additionally, if both wall signs are permitted, the letter height will be limited to 24 inches for both signs; 36 inches is allowable by code. In terms of size and scale, the proposed signage has been evaluated, and meets the requirements of Section 78 -285. 4) The Applicant is requesting a waiver from City Code Section 78- 186(b)(10)(al): Minimum Buffer, to allow the 15 foot wide landscape buffer to be relocated internal to the site. The code requires a 15 foot wide landscape buffer where a commercial use abuts a residential property line. However, because of an access road along the north end of the property, it is not possible to locate the 15 foot wide buffer near the property line. In place of the 15 foot landscape buffer along the north property line, the Applicant has provided a 15 foot landscape buffer, along the south side of the access road. In essence, the required buffer has been provided, but due to the access road it has been relocated. To further screen the commercial use from the adjacent residential community, the Applicant has provided an eight (8) foot concrete wall to be built along the north property line. Ground shrubs will be planted along the south side of the wall. The relocated landscape buffer, along with the proposed eight (8) foot wall, provides sufficient screening of the commercial use from the existing residential property, and satisfies the intent of the code requirement. 5) The Applicant is requesting a waiver from City Code Section 78- 186(b)(10)(al): Screen wall setback, to provide a two and one -half foot setback from adjacent property line. The screen wall is required to be set at least five (5) feet from the adjacent property line. Due to the access road that runs along the north property line, the Applicant is unable to provide the required setback, and has proposed a two and one -half foot setback between the wall and the residential property line. If the wall were set five (5) feet from the property line, the wall would encroach upon the 20 foot perpetual road easement. The two and one -half foot setback affords sufficient room for the property owner to properly maintain both sides of the wall. MAJOR CONDITIONAL USE ANALYSIS Section 78 -159, Permitted, Conditional and Prohibited Use Chart, allows a Bank/Financial Institution with Drive -thru within a Planned Unit Development (PUD) /CGI zoning district as a Major Conditional Use. A Conditional Use Analysis has been provided in accordance with Section 78 -52, Conditional Uses, (d) Criteria, of the Land Development Regulations. Meeting Date: January 12, 2010 Ordinance 3, 2010 and Resolution 3, 2010 Page 8 of 14 The following is staff s analysis based on the criteria set forth in Section 78- 52(d), Conditional Uses: 1) Comprehensive Plan. The proposed use is consistent with the comprehensive plan. The comprehensive plan designation for this site is Commercial. The proposed zoning designation is PUD /CG1, which is consistent with the comprehensive plan designation. 2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. The proposed major conditional use will be part of the proposed bank. The Applicant is requesting five (5) waivers, which include requests for a ground sign, a second building sign, additional parking spaces in excess of ten (10) percent, reduction of landscape buffers along the north property line, and reduction of a wall offset on the north property line. 3) Standards. The proposed use is consistent with the standards for such use as provided in Section 78 -159. Section 78 -159, Table 21 Permitted, Conditional and Prohibited Use Chart: Bank/Financial Institution with Drive -thru (note 29). (Note 29) Bank or financial institutions with drive - through lanes located on property within the CN, CG1 and CG2 zoning districts with more than four drive - through lanes shall be considered a major conditional use. The proposed conditional use is in compliance with all the requirements of the standards in Section 78 -159. The proposed use is in compliance with the requirements set forth in Section 78 -159 (note 29). 4) Public welfare. The proposed use provides for the public health, safety, and welfare by: (a) Providing for a safe and effective means of pedestrian access; The proposed site plan provides for pedestrian access from the building to the right -of- way ( Northlake Boulevard), and pedestrian pathways within the landscape buffer along Northlake Boulevard. (b) Providing for a safe and effective means of vehicular ingress and egress; The Applicant has provided a number of ingress and egress points to make vehicular Meeting Date: January 12, 2010 Ordinance 3, 2010 and Resolution 3, 2010 Page 9 of 14 access safe and effective. (c) Providing for an adequate roadway system adjacent to and in front of the site; The proposed building will not interfere with the existing ingress and egress to the site from the public right -of -ways. (d) Providing for a safe and efficient onsite traffic circulation, parking, and overall control; and The proposal provides for complete circulation and adequate parking for the prescribed use. (e) Providing adequate access for public safety purposes, including fire and police protection. The site can be easily accessed by emergency vehicles on the front and rear sides, and will meet fire, police, and building safety codes. 5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: (a) Noise, (b) Glare, (c) Odor, (d) Ground, wall, or roof - mounted mechanical equipment, (e) Perimeter, interior, and security lighting, (f) Signs, (g) Waste disposal and recycling, (h) Outdoor storage of merchandise and vehicles, (i) Visual impact, (j) Hours of operation. Currently, a six (6) foot high wooden fence runs along the north property line to visually separate the residential community to the north from the commercial use. The wooden fence has experienced a great deal of deterioration over the years, and is not aesthetically pleasing. The Applicant has proposed to replace the wood fence with an eight (8) foot concrete wall, which will be painted to match the main building. Additionally, the residential use is buffered by a 20 foot access road and landscaping. The bank will maintain regular business hours, and is not proposing any activities that will interfere with the surrounding properties. 6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, Meeting Date: January 12, 2010 Ordinance 3, 2010 and Resolution 3, 2010 Page 10 of 14 including underground and overhead utilities, on adjacent properties. The proposed use will have no impact on utilities located on adjacent properties. 7) Dimensional standards. The proposed use meets or exceeds all dimensional requirement required by the chapter. All attainable dimensional requirements have been met. The subject site is an older parcel that was annexed into the City, and due to its size and configuration is unable to meet certain requirements, such as the northern landscape buffer and screen wall setback. The requested waivers will address these concerns. 8) Neighborhood Plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. There is no neighborhood plan for this area. 9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character or area development. The proposed use will occupy the site of a previous produce market, and be located to provide the surrounding community with financial services. 10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. The proposed use is located between two (2) other uses that are commercial in nature, directly accessible to a Major arterial, and located in an area where water supply and wastewater collection are provided, consistent with the policies for Commercial land uses. 11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. The proposed use will bring an additional financial service provider to the community, consistent with the general purposes of the City's policies for Commercial land uses. 12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. The proposed use will improve the visual aesthetics by replacing the existing screen fence with a solid wall to better screen the commercial use from adjacent residences, and creating an aesthetically pleasing architecture that will compliment the vision of Northlake Boulevard. Meeting Date: January 12, 2010 Ordinance 3, 2010 and Resolution 3, 2010 Page 11 of 14 13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impact on environmental and natural resources including air, water, storm water management, wildlife, vegetation, and wetlands. The subject site does not contain any environmentally significant wildlife, vegetation, or wetlands. Additionally, the Applicant is proposing to develop a parcel that was previously occupied by a different tenant. Redevelopment of this nature discourages urban sprawl, which further minimizes the potential for adverse environmental impacts to be generated by the site. CONSISTENCY WITH COMPREHNSIVE PLAN It is staff s professional opinion that the proposed development is consistent with the overall intent of the goals, objectives and policies of the City's Comprehensive Plan. An example of some of the goals, objectives and policies, which are consistent with and furthered by the proposed PUD, are listed below. Future Land Use Element Goal 1.1: Continue to ensure a high quality living environment through a mixture of land uses that will maximize Palm Beach Gardens' Natural and Manmade Resources while minimizing any threat to the health, safety, and welfare of the City's citizens that is caused by incompatible land uses and environmental degradation, by maintaining compatible land uses, which consider the intensities and densities of land use activities, their relationship to surrounding properties and the proper transition of land uses. 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. Policy 1.1.3.4: the City shall maintain land development regulations which provide for a Planned Unit Development (PUD) technique which shall implement the following concepts: a) The intent of the Planned Unit Development (PUD) is to ensure the desired character of the community is furthered or enhanced on development sites within the City, particularly on sites where the development proposed is rather intense. Master plans for Planned Unit Developments include, at a minimum, site plans showing all local roads and landscaping plans. Supporting documentation is also to be included which indicates, at a minimum, development phasing and a list of permitted uses for commercial and industrial PUDs. Meeting Date: January 12, 2010 Ordinance 3, 2010 and Resolution 3, 2010 Page 12 of 14 The bank proposed is consistent with the architectural elements of the NBOZ, and the desired character of the Palm Beach Gardens community. Additionally, the subject site is located within an established commercial corridor that is currently vacant, which satisfies the City's objective to encourage infill and redevelopment of properties within the eastern portion of the City, and discourage urban sprawl. Objective 1.1.4: Maintain land development regulations containing standards and provisions which encourage the elimination or reduction of uses inconsistent with the City's character and future land uses. Policy 1.1.4.1: Expansion or Replacement of Land uses which are inconsistent with the Future Land Use Plan shall be prohibited. The proposed development is consistent with the zoning (CG -1) and future land use (C) designations of the subject site. The proposed bank is noted as a major conditional use in the City's Land Development Regulations. The proposed bank is an appropriate transition for the two (2) adjacent commercial developments to the east (McDonald's restaurant) and west (Edwin Watts golf store). Furthermore, the PUD has been designed to minimize any negative impacts by including an eight (8) foot concrete wall along the north property line to properly buffer the residential development to the north. 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. 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. The Future Land Use Map has designated the subject site as Commercial (C). The site has been designed with sound planning principles, which minimize any impacts on the surrounding area. By utilizing a previously occupied site, the Applicant is incorporating the desired redevelopment concepts. The impact of the use on the adjacent residential property has been mitigated by constructing concrete wall along the property line separating the two (2) uses. The site design also incorporates additional open space (15 percent is required and 36 percent is proposed). COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On August 23, 2007, the subject petition was reviewed by the DRC committee. To date, no objections have been received. Since then, staff has been working with the Applicant to address comments related to the project through the review process. Meeting Date: January 12, 2010 Ordinance 3, 2010 and Resolution 3, 2010 Page 13 of 14 PLANNING, ZONING, AND APPEALS BOARD The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public hearing on February 24, 2009, and voted 7 to 0 to recommend approval to the City Council of the rezoning, site plan, and four (4) waivers. However, the board voted 6 -1 to recommend denial of waiver No. 3, concerning a proposed second building sign (see Waiver section). The PZAB issued the following comments. Staff s response is italicized below. 1. The Board recommended the Applicant work to ensure site lighting will not spill into adjacent residential district. The Applicant revised the Photometric Plan, Sheet E2, to reflect 0.0 foot candle levels at the property line abutting the residential district. Additionally, a condition of approval has been added, which requires on -site lighting to be cast downward, and shielded from the adjacent residential property. 2. The Board would like to see the bracket feature along the entire roof line of the building. Currently, the overhang and bracket feature is only along the parapet feature, and all three (3) sides of the drive -thru. The Applicant has revised their Elevations, Sheet A3, to reflect the addition of the brackets around the entire roof line. 3. The Board would like the Applicant to consider painting the down spouts the color of the building to make them less visible. The Applicant has revised Sheet A3 to show the down spouts to be painted the same color as the building. 4. At the request of residents from the abutting neighborhood, the Board would like the Applicant to discourage delivery and semi trucks from parking and/or idling along the access road to the north. The Applicant revised the Site Plan to include "No Parking" and "No Standing" signs along the access road. 5. The Board recommended denial of the proposed second building sign. 6) The Applicant has decided to proceed in requesting the second wall sign. While staff remains in support of the waiver request, a cap has been placed on the tenant signs, to only allow a letter height of 24 inches if both of the requested wall signs are permitted; 36 inches is allowable by code. If only one (1) wall sign is permitted, the tenant could utilize the 36 inch letters allowed by code. Meeting Date: January 12, 2010 Ordinance 3, 2010 and Resolution 3, 2010 Page 14 of 14 STAFF RECOMMENDATION Staff recommends APPROVAL of petition Ordinance 3, 2010 and Resolution 3, 2010, which includes a site plan, a major conditional use, and five (5) waivers with conditions. LOCATION MAP 3855 Northlake Boulevard eORDINANCE 0_J ANNEXATION ORDINANCE An Ordinance to annex certain lands to, and incorporate the same within, the territorial limits of the CITY OF PALM BEACH GARDENS, to take effect immediately upon the rezoning of said lands. BE IT ORDAINED BY THIS CITY COUNCIL OF PALM BEACH GARDENS, FLORIDA: Section 1. The following described two (2) parcels shall be, and the same a�rerereby, annexed and incorporated within the territorial limits of the City of Palm Beach Gardens pursuant to Article V, Section 3, paragraph 29 of the Charter of said city, the owners of said lands having heretofore filed Petitions for and consented to such annexation, to -wit: PARCEL ONE The West one -half (W 1/2) of the Northwest Quarter (NW 1/4) of Section 19, Township 42 South, Range 43 East, subject to the existing right -of -way of Lake Park West Road, less the following described parcels: PARCEL #1 That part of: The West 1/2 of NW 1/4 of Section 19, EXCEPT the North 75 feet thereof, in Township 42 South, Range 43 East, lying within the following described boundaries, to -wit: Begin at the Southwest corner of NW 1/4 of said Section 19, thence South 880 09' 37" East 150 feet, thence North 10 53' 42" East 1442.32 feet, thence North 140 59' 48" East 1138.58 feet, thence South 880 01' 16" East 100 feet, thence North 10 58' 44" East 100 feet, thence North 880 01' 16" West 508.24 feet, thence South 10 53' 42" West 2651.98 feet to the point of beginning. 'kRCEL #2 That part of: The W 1/2 of NW 1/4 of Section 19, EXCEPT the North 75 feet thereof, in Township 42 South, Range 43 East being more particularly described as follows: Commence at the Northwest corner of NW 1/4 of Section 19, thence South 880 01' 16" East 508.24 feet, thence South 10 58' 44" West 75 feet to the point of beginning continue, thence South 10 58' 44" West 25 feet, thence South 88001' 16" East 825.50 feet, thence North 10 58' 44" East 25 feet, thence North 880 01' 16" West 825.50 feet to the point of beginning. PARCEL The South 40 feet of the North 1/2 of the Southeast 1/4, of the Southwest 1/4 of the Southwest 1/4, less the West 20 feet for Road Right -of -way, and the South 1/2 of the Southeast 1/4 of the Southwest 1/4 of the South- west l/4, mftxtVmxj*xj txRj*xj44x less the South 75 feet and less the West 20 feet for Road Right - of -way, in Section 18, Township 42 South, Range 43 East, Palm Beach County, Florida Section 2. The Ordinance shall take effect immediately upon the adoption by t e City of Palm Beach Gardens of an Ordinance amending the Zoning Code and Zoning Map of the said City to rezone and reclassify the aforesaid parcels of land, and each of them, from their present Zoning Classification to Zoning Classification "C -2" COMMERCIAL DISTRICT,and not otherwise. Passed and approved by the Council of the CITY OF PALM BEACH GARDENS, this the 2� 9th day of Novemhpr, 1965. ATTEST: APPROVED: r WILLIAM L. C&RGILL, City 01erk TED DEIA COURT, Mayor 'YILI IAM L. CARGILL TED DELA COURT /JM ES F. KELLERR M1 EL E JAC (HO Z�a rILLER • 0� PREPARED BY: EUGENE E. SHUEY, ESQUIRE MCGEE, JORDAN, SHUEY, GORDON, MORRIS & DONER, P.A. 2328 Tenth Avenue North, Suite 300 9 1 . FEB-25-1991 02:56fl■ 9'1 -051 143 ON 6738 Ps 47 Can 10.M Doc .55 JOHN 8 Old UiCLERK - PB COMM FL Lake Worth, FL 33461 EASEMENT DEL THIS EASEMENT DEED made and entered into this the % S�- day of , 1991, between ANTHONY SCALISI, JR., and JOSEPH M. SCALISI, h reinafter referred to as "GRANTORS" and THE CITY OF PALM BEACH GARDENS, FLORIDA, a municipal corporation, 10500 North Military Trail, Palm Beach Gardens, Florida, 33410, hereinafter referred to as "GRANTEE ". WITNESSETH: That Grantors for and in consideration of the sum of TEN ($10.00) DOLLARS in hand paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant to the Grantee, and its successors, a perpetual road easement, which shall permit the Grantee to enter upon the property herein described at any time to install, operate, maintain and service road improvements thereon. The easement hereby granted covers a strip of land lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: The North twenty (20) feet of a parcel of land described in Exhibit "A" attached hereto and made a part hereof. The Grantee by acceptance of this easement grant shall maintain same in perpetuity as a road held on behalf of the public. In the event Grantee, or its successors, shall ever abandon the real property subject to said easement as a public road, this easement shall immediately be abandoned, revoked, cancelled and of no further force and effect. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and affixed their seals as of the date first being written. ANTHONY FALISI, JR. n22aM � w l 3'09EPV M. SCALISI 0 R 6 6. 7 3� r� RXM161T "A" A p4ireel of lord lying in the southwest one - quarter of Section 1e, Vownshi 42 South, flange 43 `ost, Palm Beach County, Florida, sore particularly described as rollowal From a point of twmence bring the intersection of the centerlines of Roan Lane (40.00 toot right -of -way, O.R.B. 2036, 'age 3291 with Northlake Boulevard (200.00 foot right -of -way); thence N. 01 degrees 43' 09" 6 a distance of 100.00 feet to the northerly right- cf -wey of said Northlaka Boulevards thence s 86 degrees 27' 15" 6 along the northerly right-of-way of said Northlake Boulevard, a distance of 260.00 feet to the point of' beginnings thence N 01 degrees 43' 09" 6 along a line 240.00 feet east *to of measured at right angles to, the tasteriy right -of -way line of said Roan Lane, a distance of 271.33 feet to the south boundary of "October Park ", according to the plat thereof ov recorded in Plat Book 32 at Page 24 of the Public Records of Palm Beach County, Florida, thence S #$ degrees 39' 17" B along said southerly boundary of ' "October Park" a distance of 409.45 to a permanent reference monument at the Southeast corner of said plat of "October Park ", said permanent reference monument also lying on the westerly right -of -way line of Sunrise Drive (60.00 foot right•of way)I thence S 01 degrees 40' 21" w along the west right-of-way line or said sunrise Drive a distance of 55,39. feet to the North Boundary of a parcel of land conveyed to McDonalds Corporation as recorded in Official Records Book 3424, Pave 522 of the public Records of Palm Beach County. Florida, said point also beinq 216,14 test north of the North right -of -way line of said Northlake Boulevards thence N 88 degrees 27' 15" w along the North line of said McDonalds parcel, a distance of 203.57 feet to the West bou,Wary of said McDonalds parcels thence B 01 degrees 40' 21" N *Ion the west boundary of said McDonalds parcel a distance of 216.19 toot to the North right -of -way of Northlake Boulevard= thence N 80 degrees 27' 15" K along said northerly right -of -way of Northlake Boulevard a distance of 206.10 feet to tho point of beginning. A /QACN COG 2� Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, FL 3341 6 -1 2 29 (561) 6844000 www.pbcgov.com ■ Palm Beach County Board of County Commissioners Addie L. Greene, Chairperson Jeff Koons, Vice Chair Karen T Marcus Mary McGarry Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman An Equal Opportunity Affirmative, Action Dlooyer- printed on rucyded paper U September 7, 2007 Mr. James Orth, P.E. Assistant City Engineer City of Palm Beach Gardens - LBFH Inc. 3550 S.W. Corporate Parkway Palm City, FL 34990 RE: Regions Bank on Northlake Project #: 070809 TRAFFIC PERFORMANCE STANDARDS REVIEW Dear James: The Palm Beach County Traffic Division has received and reviewed the traffic study for the project entitled Regions Bank on Northlake, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. The project is summarized as follows: Location: 3855 Northlake Boulevard, north side of the Boulevard, just east of 1 -95 Municipality: Palm Beach Gardens PCN #: 52- 43- 42- 18 -00- 000 -7400 Existing Uses: 7,235 SF General Retail — to be demolished. Proposed Plan: 3,820 SF Bank WDT. New Daily Trips: Trip Reduction New PH Trips: 21 AM and Trip Reduction PM Build -out: 2010 The Traffic Division has determined that the proposed project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the town, after the build -out date, specified above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. If you have any questions regarding this determination, please contact me at 684 -4030. Sinc?rply. Masoud Atefi, MS TPS Administr or, Municipalities — Traffic Division MA:sf cc: Land Design South File: General - TPS Mun. Traffic Study Review F:\TRAFFIC\malAdmin\Approvals2OO7XO70809.doc �s LJ Mc;VIAHON AwSOCIAT�. , INC:. 7741 N. W'it.ary Trait ; 5cite 5 1 Palm Beach Gander-:,, ;=l 33490 p 561.840.8650 1f 559. 840 -8590 www.mcmtrans.com PRINCIPALS J(W5 41 W. Micyahcn, P.:. Rrxne� P, P"wrde, PhAi., P.Y.. TECHNICAL MEMORANDUM rrXel, ►'.;. reSa7Un S. De alma Jahn: s. Dc�P:,ana Wiitiam T. Steifans A.SSOi'EA.T Ei9 C,ase'y A..Ma=e, P., Gary R. Mckaughton, F.E.: PTUE John J. Ml tche", P.E. ,:hriV,optwr J. `rliitiarris, P.E. John r. rs i . P.E. TO: James Orth, P.E., Assistant City Engineer Thoma5 , %. Hif7: City of Palm Beach Gardens CC: Dan Clark, P.E., Mark Fuge FROM: John P. Kim, P.E.,PTOE, Senior Project Manager SUBJECT: Regions Bank at Palm Beach Gardens McMahon Project No. M06344.12 DATE: September 27, 2007 McMahon Associates, Inc. (McMahon) has reviewed the traffic study prepared by Land Design South, dated August 27, 2007. The applicant has addressed all of the previous comments regarding the traffic study and can be approved for the following: • 3,820 square foot drive -in bank with 4 drive- through lanes and one automatic teller lane that is replacing an existing 7,235 square foot retail building. The traffic concurrency reservation can be issued on the basis that the project will not have a significant on the major thoroughfare network. The concurrency reservation is valid through December 31, 2010. The City should verify that all previous site plan comments were incorporated into the applicant's revised site plan. Please contact me with any questions or concerns you may have. F: \FL \06344M \06344M_12 -Regions Bank at Palm Beach Gardens\ Admin \Regions Bank Tech Memo 092707.doc MA Boston. PA Fort Washington I Exton I Mechanicsburg *• Yardville F . Palm Beach Gardens Fart Lauderdale I Fort Myers I Miami 1 ORDINANCE 3, 2010 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA REZONING CERTAIN REAL 6' PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF 7 PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF 8 REAL PROPERTY COMPRISED OF ONE (1) PLATTED LOT 9 TOTALING 1.54 ACRES, MORE OR LESS, IN SIZE LOCATED ON 10 THE NORTH SIDE OF NORTHLAKE BOULEVARD 11 APPROXIMATELY 500 FEET EAST OF 1 -95, WITH A STREET 12 ADDRESS OF 3855 NORTHLAKE BOULEVARD, INFORMALLY 13 KNOWN AS THE "REGIONS BANK PROPERTY "; PROVIDING 14 THAT THIS PARCEL OF REAL PROPERTY WHICH IS MORE 15 PARTICULARLY DESCRIBED HEREIN SHALL BE ASSIGNED THE 16 CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT 17 (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION 18 OF CG -1; PROVIDING THAT THE ZONING MAP OF THE CITY OF 19 PALM BEACH GARDENS BE AMENDED ACCORDINGLY; 20 PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY 21 CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 22 PURPOSES. 23 24 25 WHEREAS, the City received application PPUD- 07 -08- 000016 from Group Force 26 Northlake, LLC to rezone a 1.54 -acre parcel of real property located on Northlake 27 Boulevard east of 1 -95, as more particularly described herein below, to Planned Unit 28 Development (PUD) Overlay with underlying General Commercial (CG -1) zoning 29 district; and 30 31 WHEREAS, the subject site is currently zoned General Commercial (CG -1) and 32 has a land -use designation of Commercial (C); and 33 34 WHEREAS, the subject site was annexed into the City of Palm Beach Gardens 35 on November 29, 1965, through the adoption of Ordinance J, 1965; and 36 37 WHEREAS, the Growth Management Department has reviewed the application, 38 has determined that it is sufficient and consistent with the City's Comprehensive Plan 39 and Land Development Regulations, and has recommended approval; and 40 41 WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on 42 February 24, 2009, and has recommended approval of the rezoning and major 43 conditional use with site plan and four (4) waivers to the City Council with a vote of 7 -0; 44 and 45 46 47 Ordinance 3, 2010 WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City's Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and 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 reviewing agencies and 9 staff; and 10 11 WHEREAS, the City Council deems approval of this Resolution to be in the best 12 interests of the health, safety, and welfare of the residents and citizens of the City of 13 Palm Beach Gardens and the public at large; 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 Planned Unit Development (PUD) Overlay with 19 an underlying zoning of General Commercial (CG -1) is consistent with the 20 future land -use designation of Commercial (C). 21 22 2. The proposed rezoning is in harmony with the general purpose and intent of 23 the Comprehensive Plan and the Land Development Regulations, and is 24 compatible with the intensity and density of the surrounding, existing, and 25 future land uses. 26 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF PALM BEACH GARDENS, FLORIDA that: 30 31 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 32 33 SECTION 2. That certain parcel of real property located within the corporate 34 limits of the City of Palm Beach Gardens comprised of one (1) platted lot totaling 35 approximately 1.54 acres, more or less, in size located on the north side of Northlake 36 Boulevard approximately 500 feet east of 1 -95, with a street address of 3855 Northlake 37 Boulevard, and currently zoned General Commercial (CG -1) according to the City 38 zoning map is hereby zoned Planned Unit Development (PUD) with an underlying 39 zoning designation of General Commercial (CG -1) and 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 on the City Zoning Map 46 FA Ordinance 3, 2010 1 SECTION 4. All Ordinances or parts of Ordinances in conflict be and the same 2 are hereby repealed. 3 4 SECTION 5. Should any section or provision of this Ordinance or any portion 5 thereof, any paragraph, sentence, or word be declared by a Court of competent 6 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 7 this Ordinance. 8 9 SECTION 6. This Ordinance shall become effective immediately upon adoption. 10 11 12 13 (The remainder of this page intentionally left 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 Ordinance 3, 2010 1 PASSED this day of , 2010, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2010, upon second 4 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 32 APPROVED AS TO FORM AND 33 LEGAL SUFFICIENCY 34 35 36 BY: 37 R. Max Lohman, City Attorney 38 39 e2 40 41 42 43 44 45 46 47 GAattorney_share \0RDINANCES\2010 \Ordinance 3 2010 - regions bank rezoning.doc 4 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE SOUTHWEST ONE - QUARTER OF SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM A POINT OF REFERENCE BEING THE INTERSECTION OF THE CENTERLINES OF ROAN LANE (40,00 -FOOT RIGHT -OF -WAY, O.R.B. 2036, PAGE 329) WITH NORTHLAKE BOULEVARD (200.00 -FOOT RIGHT -OF -WAY); THENCE N. 01043'09" E A DISTANCE OF 100.00 FEET TO THE NORTHERLY RIGHT -OF -WAY OF SAID NORTHLAKE BOULEVARD; THENCE S 88 °27'15" E ALONG THE NORTHERLY RIGHT -OF -WAY OF SAID NORTHLAKE BOULEVARD, A DISTANCE OF 260.00 FEET TO THE PONT OF BEGINNING, THENCE N 01-43'09" E ALONG A LINE 240.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE EASTERLY RIGHT -OF -WAY LINE OF SAID ROAN LANE, A DISTANCE OF 271.33 FEET TO THE SOUTH BOUNDARY OF "OCTOBER PARK ", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 32 AT PAGE 24 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE S 88 °29'17" E ALONG SAID SOUTHERLY BOUNDARY OF "OCTOBER PARK" A DISTANCE OF 409.45 FEET TO A PERMANENT REFERENCE MONUMENT AT THE SOUTHEAST CORNER OF SAID PLAT OF "OCTOBER PARK ", SAID PERMANENT REFERENCE MONUMENT ALSO LYING ON THE WESTERLY RIGHT -OF -WAY LINE OF SUNRISE DRIVE (60.00 -FOOT RIGHT -OF -WAY); THENCE S 01 °40'21" W ALONG THE WEST RIGHT -OF -WAY LINE OF SAID SUNRISE DRIVE A DISTANCE OF 55.39 FEET TO THE NORTH BOUNDARY OF A PARCEL OF LAND CONVEYED TO MCDONALDS CORPORATION AS RECORDED IN OFFICIAL RECORDS BOOK 3424, PAGE 522 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT ALSO BEING 216.14 FEET NORTH OF THE NORTH RIGHT -OF -WAY LINE OF SAID NORTHLAKE BOULEVARD; THENCE N 88 °27'15" W ALONG THE NORTH LINE OF SAID MCDONALDS PARCEL, A DISTANCE OF 203.57 FEET TO THE WEST BOUNDARY OF SAID MCDONALDS PARCEL; THENCE S 01'40'21" W ALONG THE WEST BOUNDARY OF SAID MCDONALDS PARCEL A DISTANCE OF 216.19 FEET TO THE NORTH RIGHT -OF -WAY OF NORTHLAKE BOULEVARD; THENCE N 88 °27'15" W ALONG SAID NORTHERLY RIGHT -OF -WAY OF NORTHLAKE BOULEVARD A DISTANCE OF 206.10 FEET TO THE POINT OF BEGINNING. CONTAINING 67,082 SQUARE FEET OR 1.54 ACRES, MORE OR LESS. 1 RESOLUTION 3, 2010 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE REGIONS BANK 6 PLANNED UNIT DEVELOPMENT (PUD), MAJOR CONDITIONAL 7 USE, AND SITE PLAN IN ORDER TO ALLOW A 3,820- SQUARE- 8 FOOT BANK WITH FIVE (5) DRIVE -THRU LANES, AS MORE 9 PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; 10 PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN 11 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 12 13 14 WHEREAS, the City Council, as the governing body of the City of Palm Beach 15 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 16 Statutes, and the City's Land Development Regulations, is authorized and empowered 17 to consider petitions related to zoning and land development orders; and 18 19 WHEREAS, the City received a request from Group Force Northlake, LLC for 20 approval of the Regions Bank Planned Unit Development (PUD) and Major Conditional 21 Use with site plan and five (5) waivers, on Northlake Boulevard, east of 1 -95, as more 22 particularly described herein; and 23 24 WHEREAS, the Growth Management Department has reviewed the application, 25 has determined that it is sufficient, and has recommended approval; and 26 27 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its 28 February 24, 2009, public hearing and recommended approval of the PUD and Major 29 Conditional Use and four (4) waivers; and 30 31 WHEREAS, the City Council has considered the evidence and testimony 32 presented by the Applicant and other interested parties and the recommendations of 33 the various City of Palm Beach Gardens reviewing agencies and staff; and 34 35 WHEREAS, the City Council deems approval of this Resolution to be in the best 36 interests of the health, safety, and welfare of the residents and citizens of the City of 37 Palm Beach Gardens and the public at large. 38 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 41 OF PALM BEACH GARDENS, FLORIDA that: 42 43 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 44 45 46 47 Resolution 3, 2010 1 SECTION 2. The application is hereby APPROVED for a PUD, Major Conditional 2 Use, and a site plan in order to allow a 3,820- square -foot bank with five (5) drive -thru 3 lanes, subject to the conditions of approval contained herein, which are in addition to the 4 general requirements otherwise provided by resolution for the real property described as 5 follows: 6 7 (See Exhibit "A" for Legal Description.) 8 9 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida 10 hereby APPROVES the following five (5) waivers: 11 12 1. Section 78- 345(d)(3), Additional parking spaces greater than ten (10) 13 percent, to allow for seven (7) additional spaces. 14 15 2. Section 78 -229, Table 5 -6 and Section 78 -285, Table 24, One (1) monument 16 sign per 300 linear feet of street frontage, to allow one (1) monument sign 17 with 220 square feet of street frontage. 18 19 3. Section 78 -285, Table 24, Wall signs, to allow one (1) additional wall. 20 21 4. Section 78- 186(b)(10)(a1), Landscape buffer, to allow the required buffer to 22 be relocated. 23 24 5. Section 78- 186(b)(10)(al ), Wall setback from properly line, to allow the wall 25 to be setback two and one -half (2 Y2) feet from the property line. 26 27 SECTION 4. This approval is subject to the following conditions, which shall be 28 the responsibility of and binding upon the Applicant, its successors, or assigns: 29 30 1. Prior to the issuance of the first land alteration permit, the Applicant shall plat 31 the site to include all existing and proposed easements and like 32 encumbrances, in accordance with LDR Section 78 -446 for City Council 33 approval. (Director of Engineering) 34 35 2. Prior to construction plan approval or the issuance of the first land alteration 36 permit, whichever occurs first, the Applicant shall provide a cost estimate and 37 surety in accordance with LDR Sections 78 -309 and 78 -461, and a cost 38 estimate for on -site project improvements, not including public infrastructure 39 or landscaping and irrigation costs for review, and approval by the City. The 40 cost estimates shall be signed and sealed by an engineer and /or a landscape 41 architect licensed in the State of Florida. (Director of Engineering) 42 43 3. Prior to the issuance of the first land alteration permit, the Applicant shall 44 submit signed /sealed /dated construction plans (paving /grading /drainage and 45 water /sewer) and all pertinent calculations for review and comment. (Director 46 of Engineering) 2 Resolution 3, 2010 4. Prior to the issuance of the first land alteration permit, the Applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping and light poles to be placed within the utility easements. (Director of Engineering) 5. Prior to the issuance of the first land alteration permit, the Applicant shall provide a signed and sealed pavement marking and signage plan, or provide the same on the engineering plans. (Director of Engineering) 6. Prior to the issuance of the infrastructure permit, the Applicant shall obtain a Site Lighting permit and provide a signed and sealed Photometric Plan. (Director of Engineering) 7. Prior to the commencement of construction, the Applicant shall schedule a pre - construction meeting with City staff. (Director of Engineering) 8. Prior to the commencement of construction, the Applicant shall provide all necessary construction zone signage and fencing as required by the Director of Engineering. (Director of Engineering) 9. Prior to the issuance of the Certificate of Completion, the Applicant shall provide copies of all required FDOT testing for review by the Director of Engineering. (Director of Engineering) 10. The Applicant shall provide the Director of Engineering with copies of all permits, permit applications, and Requests for Additional Information (RAI's) to and from regulatory agencies regarding issues on all permit applications, certifications, and approvals. (Director of Engineering) 11. The construction, operation, and /or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If at any time during the project development it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the Applicant's responsibility to resolve said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. The City may cease issuing building permits and /or Certificates of Occupancy until all drainage concerns are resolved. (Director of Engineering) 12. The Applicant shall comply with all Federal Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for construction activities. (Director of Engineering) 3 Resolution 3, 2010 1 13. The Applicant shall notify the City's Public Works Division at least ten (10) 2 working days prior to the commencement of any work/construction activity 3 within any public right -of -way within the City of Palm Beach Gardens. In the 4 case of a City right -of -way, the Applicant has at least five (5) working days to 5 obtain a right -of -way permit. Right -of -way permits may be obtained at the 6 Building Division. Failure to comply with this condition could result in a Stop 7 Work Order of all work/construction activity within the public right -of -way and 8 the subject development site. (Public Works) 9 10 14. Prior to the issuance of the Certificate of Occupancy, the Applicant shall 11 remove all prohibited and invasive non - native plants from the site. (Forestry) 12 13 15. Prior to the issuance of the Certificate of Occupancy, all ground- mounted 14 equipment including SUA valves, FP &L equipment, telephone or cable boxes, 15 and generators shall be screened to the satisfaction of the Growth 16 Management Administrator. (Forestry) 17 18 16. Prior to the issuance of the Certificate of Occupancy, the Applicant, 19 successors, and assigns shall install the approved road shoulder and median 20 landscaping and irrigation along Northlake Boulevard from the eastern 21 property terminus to the western property terminus. (Forestry) 22 23 17. The Applicant, its successors, or assigns shall be responsible for 24 maintenance of the landscaping and irrigation for both the road shoulder 25 along Northlake Boulevard, from the eastern property terminus to the western 26 property terminus and for their fair share of the median, from the eastern 27 property terminus to the western property terminus. (Forestry) 28 29 18. In order to satisfy the Applicant's condition of approval regarding the 30 landscape and irrigation maintenance responsibility for the Northlake 31 Boulevard median, the Applicant may enter into a separate agreement with 32 any other entity or entities. (Forestry) 33 34 19. Prior to the issuance of a building permit, the Applicant shall schedule and 35 attend a pre - permit meeting with City staff. (Planning & Zoning) 36 37 20. Prior to the issuance of the building permit for vertical construction, a permit 38 for the required site wall along the northern property line shall be obtained 39 and construction of the site wall commenced. The site wall shall be 40 completed prior to the issuance of the Certificate of Occupancy /Certificate of 41 Completion. (Planning & Zoning) 42 43 21. Prior to the issuance of the Certificate of Occupancy, all rooftop mechanical 44 equipment shall be screened from view to the satisfaction of the Growth 45 Management Administrator. (Planning & Zoning) 46 EI Resolution 3, 2010 22. Construction traffic shall access the site from Sunrise Road. No construction vehicle access shall be allowed from Northlake Boulevard or from Roan Lane. (Planning & Zoning) 23. All on -site lighting shall be cast downward and shielded in order to minimize spill -over to the adjacent residential properties. (Planning & Zoning) 24. The Build Out date for this project is December 31, 2010. (Planning & Zoning) 25. Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. (Police Department) 26. Prior to the issuance of the Certificate of Occupancy, all on -site lighting shall be installed and consist of metal halide or equivalent lighting approved by the Police Department. (Police Department) 27. Prior to the issuance of the Certificate of Occupancy, the Applicant shall provide a timer clock or photocell sensor for all lighting above or near entryways and adjacent sidewalks. (Police Department) 28. Prior to issuance of the Certificate of Occupancy, all entry doors (non -glass single /double) shall be equipped with astragal over the threshold of the locking mechanism, and case hardened deadbolt locks shall be provided on all exterior doors with a minimum of one (1) inch throw or mechanical interlock. Doors secured by electrical operation shall have a key- switched or single- locking device to open the door when in the lock position. Glass exterior doors should have a holding force of at least 1,000 pounds. Door hinges shall employ non - removable hinges, and the main entries to the bank shall be wired for closed- circuit digital camera surveillance system. (Police Department) 29. Prior to the issuance of the Certificate of Occupancy, numerical addresses shall be placed at the front and rear of the building. (Police Department) 30. Landscaping shall not obstruct the view from windows or walkways. Ground cover should not exceed twenty -four (24) inches in height and high- branched trees should be trimmed to seven (7) feet. (Police Department) 31. Lighting locations and building address locations shall not conflict with landscaping, including long -term tree canopy growth. (Police Department) 5 Resolution 3, 2010 1 SECTION 5. This petition is approved subject to strict compliance with the 2 Exhibits attached hereto and made a part hereof as follows: 3 4 1. Site Plan, Sheet CS, by Interplan, LLC, dated December 21, 2009. 5 6 2. Site Plan, Sheet CO, by Interplan, LLC, dated June 12, 2009. 7 8 3. Site Plan, Sheet C1, by Interplan, LLC, dated December 4, 2009. 9 10 4. Landscape Plan, Sheets L1 and 1-1.3, by Interplan, LLC, dated June 12, 11 2009. 12 13 5. Landscape Plan, Sheets 1-1.1 and L2, by Interplan, LLC, dated October 15, 14 2008. 15 16 6. Landscape Plan, Sheet 1-1.2, by Interplan, LLC, dated March 5, 2008. 17 18 7. Architectural Plan, Sheet Al by Interplan, LLC, dated June 11, 2007. 19 20 8. Architectural Plan, Sheet A3, by Interplan, LLC, dated June 29, 2009. 21 22 9. Color Elevations, Sheets 1 and 2, by Interplan, LLC, dated July 1, 2009. 23 24 10. Sign Package, Pages 1 through 6, by The Insite Group, dated December 25 17, 2009. 26 27 SECTION 6. This approval shall be consistent with all representations made by 28 the Applicant or the Applicant's agent at any workshop or public hearing. 29 30 SECTION 7. This Resolution shall become effective immediately upon adoption. 31 32 33 (The remainder of this page intentionally left blank) 34 35 36 37 38 39 40 41 42 43 44 45 46 47 n 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: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Eta R. Max Lohman, City Attorney VOTE: MAYOR RUSSO VICE MAYOR LEVY COUNCILMEMBER JABLIN COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO day of Resolution 3, 2010 2010. CITY OF PALM BEACH GARDENS, FLORIDA la Joseph R. Russo, Mayor AYE NAY ABSENT G:\ attorney_ share \RESOLUTIONS\2010 \Resolution 3 2010 - regions bank.doc 7 �V� EXHIBIT "A" LEGAL DESCRIPTION Resolution 3, 2010 A PARCEL OF LAND LYING IN THE SOUTHWEST ONE - QUARTER OF SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM A POINT OF REFERENCE BEING THE INTERSECTION OF THE CENTERLINES OF ROAN LANE (40,00 -FOOT RIGHT -OF -WAY, O.R.B. 2036, PAGE 329) WITH NORTHLAKE BOULEVARD (200.00 -FOOT RIGHT -OF -WAY); THENCE N. 01 °43'09" E A DISTANCE OF 100.00 FEET TO THE NORTHERLY RIGHT -OF -WAY OF SAID NORTHLAKE BOULEVARD; THENCE S 88 °27'15" E ALONG THE NORTHERLY RIGHT -OF -WAY OF SAID NORTHLAKE BOULEVARD, A DISTANCE OF 260.00 FEET TO THE PONT OF BEGINNING, THENCE N 01 °43'09" E ALONG A LINE 240.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE EASTERLY RIGHT -OF -WAY LINE OF SAID ROAN LANE, A DISTANCE OF 271.33 FEET TO THE SOUTH BOUNDARY OF "OCTOBER PARK ", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 32 AT PAGE 24 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE S 88 °29'17" E ALONG SAID SOUTHERLY BOUNDARY OF "OCTOBER PARK" A DISTANCE OF 409.45 FEET TO A PERMANENT REFERENCE MONUMENT AT THE SOUTHEAST CORNER OF SAID PLAT OF "OCTOBER PARK ", SAID PERMANENT REFERENCE MONUMENT ALSO LYING ON THE WESTERLY RIGHT -OF -WAY LINE OF SUNRISE DRIVE (60.00 -FOOT RIGHT -OF -WAY); THENCE S 01 °40'21" W ALONG THE WEST RIGHT -OF -WAY LINE OF SAID SUNRISE DRIVE A DISTANCE OF 55.39 FEET TO THE NORTH BOUNDARY OF A PARCEL OF LAND CONVEYED TO MCDONALDS CORPORATION AS RECORDED IN OFFICIAL RECORDS BOOK 3424, PAGE 522 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT ALSO BEING 216.14 FEET NORTH OF THE NORTH RIGHT -OF -WAY LINE OF SAID NORTHLAKE BOULEVARD; THENCE N 88 °27'15" W ALONG THE NORTH LINE OF SAID MCDONALDS PARCEL, A DISTANCE OF 203.57 FEET TO THE WEST BOUNDARY OF SAID MCDONALDS PARCEL; THENCE S 01 °40'21" W ALONG THE WEST BOUNDARY OF SAID MCDONALDS PARCEL A DISTANCE OF 216.19 FEET TO THE NORTH RIGHT -OF -WAY OF NORTHLAKE BOULEVARD; THENCE N 88 °27'15" W ALONG SAID NORTHERLY RIGHT -OF -WAY OF NORTHLAKE BOULEVARD A DISTANCE OF 206.10 FEET TO THE POINT OF BEGINNING. 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FL Dates 12/17/2009 Page 1 of 6 REGIONS East Northlake West Palm Beach, FL Palm Beach Gardens' Please review the attached signage package and site plan. After review, please sign the Site Plan Authorization sheet and return. The signage recommendations for the above referenced location are as follows: Monument Sign: Custom 8' OAH with 3ft base (35.90 sq ft) iff Building Signs: Two (2) 21 in White faced, Illuminated Channel Letters (REG -IL21 WL- RM actual letter size 2ft 71 /2in H x 15ft 1 1 /4in L) Recessed Sign: One (1) Aluminum atm sign 6" OAH height with 2" white copy 0 Commercial Lane: One (1) Aluminum Standard Commercial Lane Sign 6" OAH height with 2" white copy Clearance Sign: Four (4) Aluminum Standard Clearance Lane Signs 6" OAH height with Sign No: 9 - 12 2" white copy Address Numbers: Standard 12 in Vinyl Address Numbers Due to possible municipality sign code changes and /or developer restrictions this recommendation could change at any time prior to securing sign installation permits. Signage identification questions may be directed to 250 Riverchase Pkwy East Suite 600 Hoover, AL 35244 Stephanie Padgett Date: 12/17/2009 Page 2 of 6 Ifisite Group Image Management 7575 01k FAdp HVw7 KnwA 9, Tim aw 3M1 (5W 3424000 Oft (556) 5396311 Fax REG11028 WEST PALM BEACH. FL A REGIONS yesY r*P" I mprd r npadod.11iart o.or eodnubs* crow Date: 12/17/2009 Page 3 of 6 Plot Plan I'M ite Group Image Management 7675 Oak Ridge Highway Knoxville, Tennessee 37931 (865) 342.8200 Office (865) 539-6311 Fax REG11028 .A% REGIONS Artwork rs the pmperly of The IrOe Group, ool to be copied or reproduced without permission of The InSite Group. Date: 12/17/2009 Page 4 of 6 Supporting Artwork 2'-0• m i.tL 2'-0' SIGN No: 9 - 12 -E CLEARANCE etntCOl VGW OWN WTCN PW >ro 2'4r COMMERCIAL LANE w6Et \ ,,cow 9'M of NWTCN Mam Scale 1:10 Scale 1:25 v 35.90 SqR 8'- 101/4' MONUMENT SIGN TO BE LANDSCAPED THE GROUND SIGN WILL BE LANDSCAPED PER SECTION 78 -285 NOTE (1) FOUND IN TABLE 24 A REGIONS MONUMENT SIGN TO BE LANDSCAPED THE GROUND SIGN WILL BE LANDSCAPED PER SECTION 78 -285 NOTE (1) FOUND IN TABLE 24 IfiSite Group Image Management 7675 Oak Ridge Highway Knoxville, Tennessee 37931 (865) 342 -8200 Once (865) 539 -6311 Fax Sign 2 REGIONS BANK 18 ", 21 ", 24" 8 36" white faced, illuminated, linear channel letters REG- ILWL -RM REG- IL18WL -RM REG -IL21 WL -RM REG- IL24WL -RM REG- IL36WL -RM A*w& a the property of The Insite Group, not to be coored or reproduced without permission of The InSile Group. Date: 12/17/2009 Page 5 of 6 Supporting Artwork RE1341.2IWL -RM 15' -1114' 7.11' 1111 10' -7114' D 0 NO, J n G- 7 � White Faced, Linear Remote InSite Group Image Management 7675 Oak Ridge Highway Knoxville, Tennessee 37931 (865) 342 -8200 Once (865)539.6311 Fax REGIONS BANK REG- ADDRESS Artwork is the property of The Insite Group, not to be copied or reproduced without permission of The InSite Group. Date: 12/17/2009 Page 6 of 6 Supporting Artwork SITE ADDRESS NUMBERS - WHITE ADDRESS VINYL CITY OF PALM BEACH GARDENS CITY COUNCIL AGENDA COVER MEMORANDUM Meeting Date: January 21, 2010 Petition No. CPSS -07 -08 -00001 Ordinance 4, 2010 SUBJECT /AGENDA ITEM Ordinance 4, 2010: BallenIsles West Outparcel Future Land -Use Map Amendment First Reading and Public Hearing: A request by Cotleur & Hearing, Inc., agent for E. W. Outparcels, LLC, for a Small Scale Comprehensive Plan Map Amendment to modify the Future Land Use Map to change the designation from a Residential Low (RL) Future Land Use category to a Professional /Office (PO) Future Land Use category of an approximately 7.31 -acre vacant parcel of land, known as the BallenIsles West Outparcel, generally located at the southwest corner of the intersection of PGA Boulevard and BallenIsles Drive. [ ] Recommendation to APPROVE [ X ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: City Council: City Growth Management: [ ] Approval I" reading Project ager Finance Administrator: [ ] Denial R. an, Esq. [ ] Postponed Martin Schneider N/A [ ] Continued to: Develop ent Compliance: Planner g,C Planning Allan Owens Bahareh . Wolfs, AICP Manager Accountant: Natalie Wo Growth Management J Attachments: Admini trator: [ ] Quasi - Judicial Sarah Varga • Applicant's Justification [ X ] Legislative Statement Kara L Irwin, AICP X Public Hearin [ ] g Fees Paid: [X] Yes • Letter from Cotleur & Hearin limiting floor g g area, dated Dec. 21, 2009 Advertised: Budget Acct. #: e Location Map Date: January 6, 2010 Paper: Palm Beach Post N/A . Existing & Proposed Future Land Use Maps Approved By: City Manager: Not Required and Surveys Affected Parties: • Traffic Analysis [ X ]Notified [ Not Required • Comparative Analysis of Impacts • BICA letters of objection, Ronal M. F s dated Jan. 15, 2009 0 Ordinance 4, 2010 Meeting date: January 21, 2010 Petition CPSS -07 -08 -00001 Ordinance 4, 2010 Page 2 of 16 EXECUTIVE SUMMARY The subject site known as the BallenIsles West Outparcel is located at the southwest corner of the intersection of PGA Boulevard and BallenIsles Drive, and consists of 7.31 acres of vacant land. The BallenIsles West Outparcel is currently designated with a Residential Low (RL) Future Land Use (FLU) category within the Residential Low Density -3 (RL -3) zoning district. The applicant is proposing to amend the Future Land Use Map to designate the property with the Professional /Office (PO) FLU category. There is no proposed site plan proposed at this time. At the January 27, 2009, public hearing, the Planning, Zoning and Appeals Board, acting as the Local Planning Agency, recommended approval of the future land use change by a vote of 5 -2. This petition has been deferred at the request of the applicant from the April 2, 2009, and November 19, 2009, City Council agendas. Staff recommends denial of the proposed future land use amendment petition. BACKGROUND Although the subject property is known as the BallenIsles West Outparcel, it is not located within the BallenIsles Planned Community Development (PCD). The subject property is designated with the RL Future Land Use category, and a RL -3 zoning designation. The subject property and the property to the east across BallenIsles Drive (designated Commercial) were owned by John D. MacArthur at the time of the BallenIsles PCD approval, and were purchased by Dexter Development Co. in 2003. Both parcels have remained vacant. LAND USE COMPATIBILITY WITH SURROUNDING AREA Table 1 (below) describes the existing land use, the zoning, and the future land use designations of the subject property and surrounding properties. TABLE 1. EXISTING ZONING AND LAND USE DESIGNATIONS EXISTING USE ZONING FUTURE LAND USE Subject Property Residential Low (RL) Residential Low (RL) Vacant North Planned Community Development Residential Medium (RM) PGA Boulevard; Residential (Old (PCD) with underlying Residential Palm) Medium (RM) South Planned Community Development Golf (G) Golf; Vacant (BallenIsles) (PCD)with underlying Golf(G) East Neighborhood Commercial (CN) Commercial (C) Vacant (East Outparcel) West Residential Low (RL) Residential Low (RL) Maintenance Facility Building 0 Meeting date: January 21, 2010 Petition CPSS -07 -08 -00001 Ordinance 4, 2010 Page 3 of 16 To the north across PGA Boulevard is a large residential development known as Old Palm Golf Club PCD that consists of single family homes, and is designated with a Residential Medium (RM) FLU category within the PCD zoning district. Abutting the property to the south is the BallenIsles PCD, which consists of single family homes and designated with a mix of Golf, Residential Low and Residential Medium FLU categories within the PCD zoning district. To the east and across from BallenIsles Drive is an undeveloped commercial outparcel, designated with the Commercial (C) FLU category within the Commercial Neighborhood (CN) zoning district. To the west is a small tract of land utilized for a maintenance facility, designated with the Residential Low (RL) FLU category within the Residential Low Density -3 (RL -3) zoning district. A majority of the PGA corridor between Military Trail and the Turnpike interchange consists of residentially designated properties, including property that has been re- designated within the last ten (10) years from Residential to Mixed Use, specifically the PGA Commons and Midtown/Borland Center Planned Unit Developments (PUDs). Similarly, the applicant contends that the Professional Office use is an acceptable transitional use between PGA Boulevard to the north and the residential uses to the south. While this argument has merit and many examples of office use as a transitional use between arterial roadways and residential communities exists along PGA Boulevard, many other measures should be taken into account to determine compatibility. While professional office use may be compatible with adjacent residential communities depending on height, buffering, and site improvements, for the purpose of a future land use map amendment, the maximum potential intensity must be considered and site design cannot be anticipated. The analysis of the compatibility should include examining the use of land that is measured in terms of maximum development intensity, potential building coverage, design bulk, and occupancy, traffic generation, parking requirements, access and circulation, and public facilities and service demands. The impacts should be consistent with and/or similar to neighbor's uses and should not adversely affect the quality of life of persons and surrounding or nearby buildings. Specifically for the subject site, access and circulation will have the most effect on the surrounding uses. The site has restricted access from PGA Boulevard, since it is adjacent to a Turnpike flyover bridge and supports mechanical equipment adjacent to the PGA Boulevard right -of -way. All traffic to the site will be required to use BallenIsles Drive for ingress and egress access. Since BallenIsles Drive has restricted access (gated community) that requires stacking in two lanes, issues regarding access and circulation to the parcel will be increased by the increased intensity of the proposed land use. BALLENISLES DRIVE BallenIsles Drive is a two -lane restricted access right -of -way, with a guardhouse 620 feet from the PGA intersection. The BallenIsles West Outparcel property will need to be accessed primarily from BallenIsles Drive, because access from PGA Boulevard is restricted and unlikely 3 Meeting date: January 21, 2010 Petition CPSS -07 -08 -00001 Ordinance 4, 2010 Page 4 of 16 due to the site's proximity to the turnpike ramp and the intersection of BallenIsles Drive and PGA Boulevard. The subject site will require access off of BallenIsles Drive for traffic making a left turn coming from the east, and traffic exiting the site going west (toward the Turnpike). BallenIsles Drive also serves as a "front entrance" to the BallenIsles PCD, and will also provide access to the BallenIsles East outparcel, which has received concurrency approval for 71,000 square feet of general office. With the change of land use to Professional Office (PO), the BallenIsles Drive and PGA intersection would become a new non - residential node on the corridor. Two examples of straight non - residential zoning nodes in this two mile stretch of PGA Boulevard are Mirasol Walk/Shoppes on the Green at PGA Boulevard and Fairway Drive, and Gardens Square Shops at Military Trail and PGA Boulevard. BallenIsles Drive has a different character than these two examples of non - residential nodes on PGA Boulevard. The intersection of Military Trail and PGA Boulevard is an intersection that consists of two major arterials and does not share similarities to BallenIsles Drive and PGA Boulevard. The intersection at Fairway Drive and PGA Boulevard is an intersection that consists of a residential entrance into gated communities; however, the difference is that this intersection was planned for non - residential development. Through the Development of Regional Impact (DRI) process, the Fairway Drive and PGA Boulevard non - residential node was designed and planned to minimize impact to the residents utilizing this entrance. An example of such design is the provision of a second entrance off PGA Boulevard for residential traffic. BallenIsles Drive was not planned as a non - residential node, and the access into the BallenIsles West outparcel site is constrained due to the restricted access. The intersection at PGA Boulevard and Central Boulevard provides a good example for the PGA Boulevard and BallenIsles Drive intersection under the proposed amendment, except that the access south is free - flowing and unrestricted into the residential community. In both cases, the north side of PGA Boulevard is Residential Medium. At PGA and Central, the south side of PGA Boulevard is Commercial (a bank on the southwest corner) and Mixed Use (The Commons West on the southeast corner). Under the proposal, the south side of PGA Boulevard and BallenIsles Drive intersection would be Commercial (BallenIsles East Outparcel on the southeast corner) and Professional Office (the subject property on the southwest corner). Under its concurrency approval, the BallenIsles East Outparcel could have up to 71,000 square feet of general office use, and the applicant has proposed a maximum intensity of 95,000 square feet of general office for the subject site. For comparison, at the PGA and Central Boulevard intersection, the bank building is less than 10,000 square feet on 1.33 acres, and the Commons has a total of 38,306 square feet of mixed retail, restaurant, and office, and 31 townhouses on 7.3 acres. The intensity of use on the subject site will have to be carefully considered due to the constrained accessibility to this site and the amount of residential and non - residential traffic that will have to share BallenIsles Drive. Due to the intensity of the maximum development potential, the impacts on BallenIsles Drive would be considerably more intense than the existing land use designation, even if the amount of office use is capped. 4 Meeting date: January 21, 2010 Petition CPSS -07 -08 -00001 Ordinance 4, 2010 Page 5 of 16 COMPATIBILITY WITH THE VISION PLAN The City's Vision Plan serves as a land -use guide for all land -use designation changes in the City. The applicant is proposing non - residential development in an area that was designated by the City's Vision Plan, Future Land Use Map, and Zoning Map as Residential Low. Therefore, the change to PO is not consistent with the Vision Plan for this specific site. CONSISTENCY WITH COMPREHENSIVE PLAN The proposed Future Land Use Map amendment is not consistent with the Goals, Objectives, and Policies of the Future Land Use, and Transportation Elements of the City's adopted Comprehensive Plan. An example of some of the goals, objectives and policies that are not consistent with, and do not support the proposed amendment, are listed below: Future Land Use Element Goal 1.1.5.: Future growth, development and redevelopment shall be directed to areas 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. The increased intensity of uses allowed in the Professional Office Land Use category at this intersection will create a node of non - residential on both sides of BallenIsles Drive. This intersection has historically served as restricted access for residential traffic entering and exiting the BallenIsles PCDs. The increased intensity under the proposed change to Professional Office will add trips to a site with access constraints. If the FLU amendment is approved, BallenIsles Drive will have accessibility constraints due to the proximity of their private gate, the intersection of two non- residential properties and the intersection with PGA Boulevard within approximately 750 feet. Staff notes that the section between the access and the private gatehouse exhibits a wide curve in the road and an abundance of street trees in the median that further creates an unsafe access for the intensity of trips being proposed. During the site plan review process, access issues would have to be addressed through site design and roadway engineering solutions in order to mitigate the impacts on BallenIsles Drive, but those considerations cannot be provided for in the land use amendment process. With the access constraints inherent to this site, due to the unlikelihood of direct access on PGA Boulevard and reliance on BallenIsles Drive for its primary access, an increase in the intensity of its use as Professional Office is not recommended. Limitation to the maximum development allowed and careful consideration of access solutions may be able to overcome these site shortcomings. However, based on the proposed increase in intensity from Residential Low to Professional Office, and the site's access constraints, the proposed amendment does not meet sound planning principles. As described below, the amount of peak trips under the maximum number of units allowed under the current Residential Low designation would be 35 PM peak hour trips. A change to office, even capped at 111,448 square feet for the subject site, would create 194 PM peak hour trips. Over five times the number of trips of the maximum residential 5 Meeting date: January 21, 2010 Petition CPSS -07 -08 -00001 Ordinance 4, 2010 Page 6 of 16 potential will need to be provided access to Ballenlsles Drive under this scenario. It is this potential, large increase in intensity, along with the constrained access to the subject site that creates the primary planning issue for this future land use proposal. Transportation Element Objective 2.1.1.: To maintain specific level of service (LOS) standards on the roadways Policy 2.1.1.6.: The City shall require that adequate roadway capacity, at the adopted level of service standards, is or will be available when needed in order to serve new development. As demonstrated in the applicant's traffic analysis prepared by Kimley -Horn and Associates in July 2007, and revised in April 2008 (attached), the proposed maximum development potential of the land use change will have a significant level of impact on segments of roadways that are projected to fail the adopted LOS standard D. One of these, the Florida Turnpike from PGA Boulevard to Okeechobee Boulevard, is projected to fail the adopted LOS standard D, even if there is a proposed cap on development intensity set for the site. However, the above referenced Objective and Policy state that adequate capacity shall be available when needed in order to serve new development. According to the attached traffic analysis, capacity for this segment of the Turnpike does not exist now or in the next five years. The Comprehensive Plan does not allow considerations of de minimus that would normally be accepted with concurrency review. The Comprehensive Plan states that any additional traffic above a failing level of service shall be available to serve new development. Therefore, the proposed future land use change is inconsistent with the Comprehensive Plan. It is noted that the applicant submitted a new traffic analysis on January 4, 2010, which may alter some of the traffic counts and conclusions of the earlier analysis. However, until staff has had time to review the updated study, the information from the attached traffic analysis has been utilized. HISTORICAL AND ARCHEOLOGICAL RESOURCES No historical and/or archeological resources have been identified on site, according to the Applicant. ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND -USE The subject site consists of undeveloped open area with some Banyan trees along the southern end of the property. Existing vegetation at the southeast corner of the site will be incorporated and protected if possible into the site design of any future development. Wildlife is scarce and no signs of hydrology exist on -site and habitat for threatened and endangered species is lacking. The environmental analysis indicated that the property development. The site was previously permitted by JDM Club). The Master Stormwater Management System for treatment and stormwater attenuation for this project Management Sub - Element of this Comprehensive Plan. 2 has suitable soil for the proposed Country Club (Ballenlsles Country BallenIsles provides water quality consistent with the Stormwater Meeting date: January 21, 2010 Petition CPSS -07 -08 -00001 Ordinance 4, 2010 Page 7 of 16 TRAFFIC CONCERNS MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING FUTURE LAND -USE CATEGORY The maximum development potential that is allowed under the existing FLU category of Residential Low is outlined in Table 2. In accordance with the Comprehensive Plan, the maximum allowable density is four (4) units per acre. Therefore, the maximum allowable development under the existing Palm Beach Gardens FLUM on the approximately 7.31 acres would be 29 dwelling units. Table 2. Level of Analvsis for Maximum Develonment Potential under F,xistinu Future Land TJce Max. Max. External External Recreation Sanitary Potable Solid Development Density/ Trip Trip (Peak /Parks Sewer Water Waste Potential Intensi AADT)* Hour 29 Single- 4 du/ 290 35 PM Peak 7,447.2 13,294 571 family units acres AADT * trips; 30 AM .1 acres gpd ** gpd ** lbs /day Trips Peak trips *Average Annual Daily Traffic ** gallons per day MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND -USE DESIGNATION The proposed FLU amendment for the 7.31 acre property is to change to the Professional Office (PO) FLU category, which allows a maximum allowable development of 35% of the site and a maximum height of 36 feet, or two stories under the Professional Office zoning district. Therefore, the maximum allowable development under the existing Palm Beach Gardens FLU category for a two story building on the approximately 7.31 acres would be (7.31 x 43,560 x 0.35 x 2) or 222,896 square feet. In addition, the applicant included an analysis showing a maximum of 111,448 square feet of gross office space, based on the maximum size of one story building covering 35 percent of the site. The applicant submitted level of service analyses for water, sanitary sewer, solid waste, and traffic based on the maximum two story (222,896 square feet) and one story (111,448 square feet) scenarios. Table 3 summarizes the maximum development potential allowed under the proposed FLU category of Professional Office at the maximum impact for the 222,896 square feet and 111,448 square feet of office use. On December 21, 2009, the applicant committed to a reduced limit of 95,000 square feet of office use, which will result in less impact than the one -story office analysis. However, a new traffic analysis was not submitted until January 4, 2010, so the exact impact has not yet been reviewed. Therefore, the following analyses are still based on the full 222,896 square feet office impact and the 111,448 square feet restricted office impact. 7 Meeting date: January 21, 2010 Petition CPSS -07 -08 -00001 Ordinance 4, 2010 Page 8 of 16 Table 3. Level of Service Analysis for Maximum Development Potential under Proposed Future Land Use Max. Max. External External Recreation Sanitary Potable Solid Development Density/ Trip Trip (Peak /Parks Sewer Water Waste Potential Intensity Hour) (garbage only) 222,896 2,349 324 PM PO — two story square feet AADT * Peak trips; N/A 22,290 22,290 3,358.71 office office Trips 338 AM gpd ** gpd ** lbs /day Peak trips 111,448 1,377 194 PM PO —one story square feet AADT * Peak trips; N/A 11,145 11,145 1,679.35 offlce2 office Trips 195 AM gpd ** gpd ** lbs /day peak trips `Maximum impact based on two story office building or equivalent 2Voluntarily restricted impact based on one story office building or equivalent *Average Annual Daily Traffic * *gallons per day POTENTIAL IMPACT UNDER PROPOSED CHANGE A Comprehensive Plan Map amendment should be analyzed utilizing the proposed maximum development allowed within the proposed future land use (two floors of office at 35% lot coverage) because it accurately reflects the applicant's Future Land Use Map (FLUM) entitlement. Whether an applicant can gain concurrency or site approval should not be considered in the analysis, as the decision to modify the FLUM must be made independent from proposed site plans. A voluntary restriction placed on the property through a note on the FLUM is also an acceptable way to set the potential maximum impact of the proposed amendment. Therefore, staff has analyzed both proposed sets of figures using the best data available at this time (222,896 square feet for maximum developable, and 111,448 square feet for the voluntarily restricted impact). Staff has summarized the applicant's comparative analysis of impacts on levels of service by Keshavarz and Associates, and the traffic analysis prepared by Kimley -Horn and Associates in July 2007, and revised in April 2008, in the following tables. Table 4 summarizes the level of impact due to the change in the future land use from RL to PO at the maximum impact of 222,896 square feet of office use, and for the voluntarily restricted impact of 111,448 square feet of office use. (The remainder of this page left intentionally blank) 8 Meeting date: January 21, 2010 Petition CPSS -07 -08 -00001 Ordinance 4, 2010 Page 9 of 16 Table 4. Summary of Level of Analvsis Imnact from the Chance in Future Lsind 1Tse Increased Development Potential Increased Density/ Intensity Increased External Trips Recreation /Parks Sanitary Sewer Net Chang Potable Water Net Change Solid Waste Net Change 222,896 +2,059 Fairway Dr. - BallenIsles Dr. 352 PO — two square feet AADT* N/A +14,842.8 +8,996 +2,787.71 story officer office Trips (289 PM Central Blvd - Military Trail gpd ** gpd ** lbs /day 3.25% Yes Peak hour) 111,448 +1,087 F 1.12 0.10% Yes PO — one story square feet AADT* N/A +3,697 .8 ** -2,149 gpd ** +1,108.35 office2 office Trips (159 PM gd lbs /day peak hour 'Maximum impact based on two story office building or equivalent 2Voluntarily restricted impact based on one story office building or equivalent *Average Annual Daily Traffic * * gallons per day As illustrated by Table 4, the proposed land use change, at the maximum two story impact, will potentially increase the number of external trips by 2,059 daily trips and 289 PM peak hour trips. Table 4 also indicates that the proposed land use change, with a limit on square footage, will potentially increase the number of external trips by 1,087 daily trips and 159 PM peak hour trips. Tables 5 and 6 highlight the impacts of the maximum development and maximum voluntarily restricted development on specific roadway segments. Both tables show significant levels of impact on 2007, and 2025 Average Annual Daily Traffic (AADT) link analysis due to the proposed FLUM amendment. As shown on Table 5.A. and Table 5.B., there are significant levels of impact on the 2007 AADT link analysis for the Florida Turnpike, and the segment does not meet adopted LOS D. Furthermore, two segments on PGA Boulevard are significantly impacted by the maximum development; however they currently meet the adopted LOS D. These two segments on PGA Boulevard are not significantly impacted under the restriction of 111,448 square feet office. Table 5.A. 2007 AADT LINK ANALYSIS — Maximum imnact (222.996 sa. ft. office) Roadway From - To Project Traffic LOS Existing Volume /Capacity Project Impact on LOS Significant Impact PGA Boulevard Fairway Dr. - BallenIsles Dr. 352 C .81 0.72% No BallenIsles Dr. - Central Blvd 1,950 D .84 3.96% Yes Central Blvd - Military Trail 1,597 D .89 3.25% Yes Florida's Turnpike PGA Blvd - Okeechobee Blvd 1 701 F 1.12 0.10% Yes 0 Meeting date: January 21, 2010 Petition CPSS -07 -08 -00001 Ordinance 4, 2010 Page 10 of 16 Table 5.11. 2007 AADT LINK ANALYSIS —Restricted im act 111,448 s . ft. office Roadway From - To Project Traffic LOS Existing Volume /Capacity Project Impact on LOS Significant Impact PGA Boulevard Fairwa Dr. - BallenIsles Dr. 207 C .81 0.42% No BallenIsles Dr. - Central Blvd 1,143 D .83 2.32% No Central Blvd - Military Trail 936 D .88 1.90% No Florida's Turnpike 1,597 1 D 1 .89 12.85% No PGA Blvd - Okeechobee Blvd 41 F 1.12 10.06% Yes As Table 6.A. indicates, the proposed maximum development also shows significant levels of impact on 2025 AADT link analysis for PGA Boulevard on the BallenIsles Drive, and Central Boulevard segment. Table 6.13. shows that this segment is not significantly impacted by the proposal with a restriction of 111,448 square feet office. However, neither segment will meet the established LOS standard of D in 2025. Both segments are expected to have LOS E by 2025. Table 6.A. 2025 AADT LINK ANALYSIS — Maximum im act 222,896 s . ft. office Roadway From - To Project Traffic LOS Existing Volume /Capacity Project Impact on LOS Significant Impact PGA Boulevard Jog Road - Fairway Drive 235 D .85 .42% No Fairway Dr. - BallenIsles Dr. 352 E 1.03 .63% No BallenIsles Dr. - Central Blvd 1,950 E 1.06 3.47% Yes Central Blvd - Military Trail 1,597 1 D 1 .89 12.85% No S Central Boulevard PGA Blvd - Hood Road 352 1 D 1 .98 1.63% No Table 6.B. 2025 AADT LINK ANALYSIS — Restricted impact (111,448 sq. ft. office) Roadway From - To Project Traffic LOS Existing Volume /Capacity Project Impact on LOS Significant Impact PGA Boulevard —Jog Road - Fairway Drive 138 D .84 .22% No Fairway Dr. - BallenIsles Dr. 207 E 1.03 .33% No BallenIsles Dr. - Central Blvd 1,143 E 1.04 1.83% No Central Blvd - Military Trail 936 D .88 1.50% No S Central Boulevard PGA Blvd - Hood Road ..207 D .98 .33% No Table 7.A., the two -way peak hour traffic link analysis demonstrates that two segments of PGA Boulevard, BallenIsles Drive to Central Boulevard, and Central Boulevard to Military Trail are significantly impacted at maximum impact. Table 7.B. shows that one of these segments, PGA Boulevard, BallenIsles Drive to Central Boulevard, remains significantly impacted at the voluntarily restricted impact, while PGA Boulevard, Central Boulevard to Military Trail, is not significantly impacted by the proposal with the restriction. However, the PGA Boulevard, 10 Meeting date: January 21, 2010 Petition CPSS -07 -08 -00001 Ordinance 4, 2010 Page 11 of 16 BallenIsles Drive to Central Boulevard, does meet Test Standard 2, which analyzes two -way peak hour impact, and therefore does not constitute a significant impact. Table 7.A. TWO -WAY PEAK -HOUR TRAFFIC LINK ANALYSIS — Maximum impact (222,896 so. ft. officel Roadway From - To LOS `E' Capacity New Trips AM PM Project hn act Significant Im act PGA Boulevard Jog Road - Fairway Drive 3,270 34 32 1.04% No Fairway Dr. - BallenIsles Dr. 4,920 51 49 1.04% No BallenIsles Dr. - Central Blvd 4,920 281 269 5.71% Yes Central Blvd - Military Trail 4,920 230 220 4.67% Yes S Central Boulevard PGA Blvd - Hood Road 13,270 151 149 1 1.56% 1 No Table 7.11. TWO -WAY PEAK -HOUR TRAFFIC LINK ANALYSIS — Restricted impact (111,448 so. ft. office) Roadway From - To LOS `E' Capacity New Trips AM PM Project hn act Significant Im act PGA Boulevard Jog Road - Fairway Drive 3,270 20 19 0.60% No Fairway Dr. - BallenIsles Dr. 4,920 29 29 0.59% No BallenIsles Dr. - Central Blvd 4,920 162 161 3.29% Yes Central Blvd -_Military Trail 4,920 133 132 2.70% No S Central Boulevard FGA Blvd - Hood Road 3,270 29 129 0.89% No As shown in Table 8.A., the potential increase of 1,709 new daily trips due to the maximum development of the proposed future land use change will bring the total projected traffic on the BallenIsles Drive to Central Boulevard segment of PGA Boulevard to 51,999 trips, and create a significant impact. Even with the restricted impact, as shown in Table 8.B., 902 new trips will be added to the BallenIsles Drive to Central Boulevard segment of PGA Boulevard bringing the total projected traffic to 51,192. While this does not create a significant impact, it is a substantial number of trips on this segment of PGA Boulevard, which is designated as a constrained roadway in the City's Comprehensive Plan. A Constrained Roadway at Lower Levels of Service (CRALLS) is a roadway designated by the City and County that is allowed to exceed the usual LOS standard. In the case of PGA Boulevard, only parcels designated in the Forbearance Agreement (Resolution 59, 1999) can utilize this exception. The subject parcel is not part of that agreement. Therefore, the trips from this parcel add to the amount of traffic on this segment without providing alternative traffic mitigation such as the parcels included in the Forbearance Agreement did. The maximum number of trips to meet LOS D capacity for this segment is 49,200. Therefore, this road segment is projected to exceed the LOS capacity set forth in the City's Comprehensive Plan. The Fairway Drive to BallenIsles Drive segment of PGA Boulevard will also exceed its LOS standard, but is not as greatly impacted by the proposed amendment. 11 Meeting date: January 21, 2010 Petition CPSS -07 -08 -00001 Ordinance 4, 2010 Page 12 of 16 Table 8.A. 2025 PROJECTED AADT BACKGROUND VOLUME WITH PROJECT IMPACT — Maximum impact (222.896 sa. ft. office) Roadway From - To AADT Volume (Background) Project Impact Daily Volume (background plus project traffic Project Impact on LOS Significant Impact LOS PGA Boulevard Jog Road - Fairway Drive 41,360 206 41,566 0.42% No D Fairway Dr. - BallenIsles Dr. 50,290 309 50,599 0.63% No E BallenIsles Dr. - Central Blvd 50,290 1,709 51,999 3.47% Yes E Central Blvd - Military Trail 42,300 1,400 43,700 2.85% No D S Central Boulevard PGA Blvd - Hood Road 47,940 309 48,249 0.63% No D Table 8.B. 2025 PROJECTED AADT BACKGROUND VOLUME WITH PROJECT IMPACT — Restricted imnact (111.448 sa. ft- office) Roadway From - To AADT Volume (Background) Project Impact Daily Volume (background plus project traffic Project Impact on LOS Significant Impact LOS PGA Boulevard Jog Road - Fairwa Drive 41,360 109 41,469 0.22% No D Fairway Dr. - BallenIsles Dr. 50,290 163 50,453 0.33% No E BallenIsles Dr. - Central Blvd 50,290 902 51,192 1.83% No E Central Blvd - Military Trail 42,300 739 43,039 1.50% No D S Central Boulevard PGA Blvd - Hood Road 47,940 163 1 48,103 0.33% No D POTENTIAL IMPACT OF PROPOSED FLUM CAP The applicant has proposed a voluntary restriction on the property, capping the intensity in order to limit the amount of potential trips. Initially an analysis was submitted to limit the entitled intensity to one floor at the allowed lot coverage of 35 %, which translates to 111,448 square -feet of general office. (This is not intended to limit the proposed development to one story in height, but would limit the square footage to 111,448 square feet to be developed as either one or two stories.) This additional intensity would create 1,087 new daily trips to PGA Boulevard. It would also result in 162 AM Peak Hour trips on the BallenIsles Drive to Central Boulevard segment of PGA Boulevard. This impact is considered a significant impact to the City's existing level of service. Furthermore, the potential addition of 1,143 daily trips to the same segment of PGA Boulevard will have a 1.83 percent impact to a segment of road that is already projected to be over - capacity. Although it takes a three percent or greater impact to be defined as a significant impact for the purposes of a traffic LOS analysis, the fact that this proposal could add an additional 1,143 trips to a roadway that is projected to be overcapacity should be taken into consideration. As stated earlier, on December 21, 2009, the applicant further committed to a reduced limit of 95,000 square feet of office use, which would result in less impact than the one -story office 12 Meeting date: January 21, 2010 Petition CPSS -07 -08 -00001 Ordinance 4, 2010 Page 13 of 16 analysis. However, a new level of service analysis was not submitted until January 4, 2010, so the exact impact was not available for review. Therefore, the LOS analyses for this report are based on the Kimley -Horn analysis submitted in July 2007, and revised in April 2008, which provided a restricted impact of 111,448 square feet of general office use. Staff will review the newly submitted, updated traffic analysis and LOS analyses for all public services and facilities prior to second reading. Since this parcel is not included in the Forbearance Agreement (Resolution 59, 1999), the existing Constrained Roadway at Lower Levels of Service ( CRALLS) designation does not apply to this parcel. The Forbearance Agreement was used to establish the present CRALLS designation on PGA Boulevard, while restricting development intensities and establishing a linkage plan to improve traffic circulation patterns. However, staff notes that this parcel does not have the opportunity to improve traffic circulation patterns, such as what was established by the Forbearance Agreement. Due to the traffic analysis and considering that PGA Boulevard already has a CRALLS designation, the proposed FLUM cap fails to respond to traffic impacts generated by the land use change. LEVEL OF SERVICE ANALYSIS The Applicant has not demonstrated to the satisfaction of the City's traffic consultant and staff that the proposed land -use designation meets all of the level of service standards established in the City's Comprehensive Plan. Copies of the level of service analysis were forwarded to the City's Police, Fire and Community Service's Departments. The City's Fire and Police Departments have stated that the proposed future land use change will not negatively impact their levels of service. The Applicant has provided letters from Waste Management and Seacoast Utilities stating there are adequate capacities to service the proposed development at their respective adopted levels of service. The petitioner's analysis demonstrates that there will be no adverse impacts on water, sewer, solid waste, police and fire services; however, demand on these services will increase due to the land use change. The petitioner's analysis demonstrates that there will be significant, adverse impacts on the adopted Level of Service (LOS) standards for traffic. In the current traffic analysis, the Florida Turnpike fails to meet its LOS standard in 2007 and 2012, regardless of whether a cap is placed on the amount of office use. As noted above, staff will review the newly submitted, updated traffic analysis and LOS analyses for all public services and facilities prior to second reading. The revised traffic analysis is based on a cap of 95,000 square feet of office use, and uses updated 2009 traffic data. MARKET STUDY The Applicant has not provided a Market Study to show a need for office uses. 13 Meeting date: January 21, 2010 Petition CPSS -07 -08 -00001 Ordinance 4, 2010 Page 14 of 16 NEARBY LOCAL GOVERNMENT COMMENTS/RESIDENT OBJECTIONS The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has reviewed the proposed amendment, and has raised no objections to date. Prior to the public hearing in August of 2008, staff received nearly four hundred letters with regard to the Comprehensive Plan Map amendment from residents of the BallenIsles community and an objection letter from the BallenIsles Community Association (BICA). The overwhelming majority of the residents' letters object to the subject petition. Because of the large number and variety of comments, staff will request to place into the record a digital copy of all of the letters received to date at each public hearing. In addition, staff received an updated letter from the BICA representative, David Paulson, dated January 15, 2009 (please see attached), maintaining their position against the request and requesting that the application for the FLU change be denied. STAFF COMMENTS The proposed FLU designation of Professional Office is incompatible with the City's Comprehensive Plan, and with the City's Vision Plan. The increased professional office intensity on this intersection will create a node of non - residential on both sides of BallenIsles Drive. This intersection has historically been for residential traffic entering and exiting the BallenIsles PCD. Furthermore, the proposed Professional Office use will require access off of BallenIsles Drive for the project traffic. This reliance on accessibility from BallenIsles Drive creates significant constraints on the proposed intensity of the subject site. The BallenIsles PCD, BallenIsles West outparcel, and BallenIsles East outparcel will all share BallenIsles Drive. Until it can be determined how the access will operate, it will remain a serious concern which may require limiting the intensity of the subject site. The traffic statement indicates that the proposed change will result in an increase in the number of trips generated by the site, and it will impact a constrained segment of PGA Boulevard. As demonstrated in the applicant's traffic analysis, the proposed development potential of the land use change will have a significant impact on a segment of the Florida Turnpike, which is not meeting its level of service standard. The additional intensity from the proposal with a cap on intensity of 111,448 square feet of office use would create 1,087 new daily trips to PGA Boulevard and would also result in 165 AM Peak Hour trips on the BallenIsles Drive to Central Boulevard segment of PGA Boulevard, a segment of road that is already projected to be over- capacity. Due to the traffic analysis and considering that PGA Boulevard already has a CRALLS designation, the proposed FLUM limitation still fails to respond to traffic impacts generated by the land use change. LOCAL PLANNING AGENCY On August 25, 2008, the Planning, Zoning and Appeals Board (PZAB), acting as the Local Planning Agency voted unanimously (7 -0) to postpone the subject petition, as requested by the Applicant. On October 28, 2008, the Planning, Zoning, and Appeals Board, acting as the Local 14 Meeting date: January 21, 2010 Petition CPSS -07 -08 -00001 Ordinance 4, 2010 Page 15 of 16 Planning Agency, voted unanimously (7 -0) to postpone the subject petition to January 27, 2009, as requested by the Applicant. At the January 27, 2009, public hearing, the PZAB voted 5 -2 to recommend approval of the Future Land Use amendment. Ms. Anne Booth, representing BallenIsles Community, voiced the community's opposition to the conversion of the future land use designation without addressing the mitigation of impacts to the residents. She stated that the community is concerned about their quality of life, property values, safety, and aesthetic value of the BallenIsles entrance. Mr. David Paulson, president of the BallenIsles Community Association (BICA), reflected what he called the "will and majority of the residents strongly oppose the future land use change." He stated that approving the future land use change will alter forever the entitlements, without any specifics on the true amount of impact that will occur. The board is concerned that the community access to PGA Boulevard is heavily used, and will be negatively impacted by the traffic that a commercial node will create. The two dissenting voters on the PZAB expressed concern about the safety and capacity of BallenIsles Drive. PZAB asked staff whether the future land use and impact of the combination of residential and non - residential traffic entering BallenIsles would create a safety risk. Although a future land use change decision does not take into consideration intersection performance, or road safety evaluation, it became the primary traffic discussion at the PZAB meeting. The Applicant utilized data that was not contained in the Future Land Use Level of Service Analysis. Staff notes that BallenIsles Drive is not projected to fail in the future. The segments of road that fail in the future are along PGA Boulevard, which will be impacted by the addition of non- residential trips from the proposed future land use change. The proposed future land use change with the cap of 111,448 square feet of office potentially adds 165 AM peak hour trips. This is a considerable amount considering only 126 vehicles currently access BallenIsles Drive during the AM peak hour. In their presentation, the applicant stated that the PGA Boulevard access is underutilized and is capable of becoming a commercial node. They compared the AM Peak hour traffic counts of the PGA Boulevard access with the traffic counts of the other two access points to the BallenIsles community (one at Northlake Boulevard and one at Military Trail). The applicant stated that the Military Trail access is used twice as much as the PGA Boulevard access to the BallenIsles community. However, staff is able to demonstrate that all three access drives have equivalent numbers of daily trips, and there is a traffic pattern reason why the Military Trail access shows twice as many AM Peak Hour trips as the PGA access. Please see Table 9, containing all of the pertinent traffic count information obtained from Palm Beach County intersection data. (The remainder of this page left intentionally blank) 15 Meeting date: January 21, 2010 Petition CPSS -07 -08 -00001 Ordinance 4, 2010 Page 16 of 16 Table 9. Existing Traffic Counts at the Three Access Points in BallenIsles PEAK HOUR DAILY PERIOD ENTERING EXITING INTERSECTION NUMBER OF TRAFFIC AT INTERSECTION VEHICLES VEHICLES EXITING INTERSECTION VEHICLES PGA Boulevard Morning 71 55 & Ballenlsles 3723 1223 37985 Drive Afternoon 67 90 Northlake Morning 90 52 Boulevard & 3462 1468 38874 BalenIsles Drive Afternoon 59 77 Military Trail Morning 143 142 & Gardenia Afternoon 175 77 2851 1106 31785 Drive Staff notes that the BallenIsles community encourages their work staff to utilize the PGA access and their peak hour is not the typical peak hour that is utilized. The workers arrive after the residents leave in the mornings, and leave BallenIsles prior to the typical PM rush hour. Furthermore, the amount of stacking that occurs during this time is more excessive because the amount of time required checking the workers in at the guardhouse. The number of trips existing at the PGA Boulevard access throughout the entire day is actually higher than the Military Trail access, supporting the fact that the PGA Boulevard access has two different peak hours. These numbers do not include the impact of the BallenIsles East Outparcel (concurrency approval for 71,000 square feet of office), and the proposed west outparcel (the applicant committed to a limit of 95,000 square feet of office use) together. The potential intensity for these two non - residential sites could have considerable impact on the intersection that serves as the main entrance to the Old Palm and BallenIsles communities, as well as commuters utilizing the Turnpike to reach their place of employment along PGA Boulevard. CITY COUNCIL On April 2, 2009, the City Council postponed the public hearing to November 19, 2009, at the request of the applicant. On November 19, 2009, the City Council again postponed the public hearing to January 21, 2010, at the request of the applicant. STAFF RECOMMENDATION Staff recommends DENIAL of the proposed future land use amendment. If the City Council votes for approval, staff recommends the adoption of Ordinance 4, 2010, which contains the notation on the Future Land Use Map to cap the general office use to 95,000 square feet or the equivalent thereof. IGli Cotleur& Hearing July 31, 2007 Ballenisles West Outparcel Justification Statement and Description Small -Scale Future Land Use Plan Map Amendment INTRODUCTION /OVERVIEW: Introduction: E. W. Outparcel, LLC., (the Applicant) is requesting approval of a future land use plan amendment for a 7.31 acre property located on the southwest corner of the intersection of PGA Boulevard and Ballenisles Drive. The subject property is vacant and undeveloped and is located within the municipal limits of the City of Palm Beach Gardens. The Palm Beach Gardens Future Land Use map reflects a RL- Residential Low land use designation for the subject property. A Comprehensive Land Use Plan Map Amendment to the PO- Professional Office land use plan designation is being proposed. The proposed modification is consistent with surrounding development patterns, and is suitable given this property's location adjacent to both PGA Boulevard and nearby Florida Turnpike. The application for a Future Land Use Plan Amendment is included in Tab 1 of the application binder, and the required application fee is located in the front pocket. Project Contact: All correspondence in connection with this request should be directed to the Agent for the applicant: Cotleur & Hearing Inc. Jan Poison Cotleur & Hearing 1934 Commerce Lane Suite 1 Jupiter, Florida 33458 Phone: (561) 747 -6336 Ext. 112 Fax: (561) 747- 1377 Email: ipolson@cotleur- hearina.com Cotleur rc Hearing 1934 Commerce Lane Sidle t Jupiter, Florida 3345! 4 et- 747 -0336 Fax 747 -1377 Ballenisles West Outparcel - 2 - Small -Scale FLUM Amendment Submitted: July 31, 2007 MAPS: The requested maps have been provided and are located under Tab 5 in the application binder. A location map and future land use map have been included. No additional maps are required, as the properly has not been excluded from the Comprehensive Plan analysis, and therefore, no maps need to be updated, with the exception of the Future Land Use Plan. REPORTS: 1. Size of Site The subject property is approximately 7.31 -acres in size. A copy of a signed and sealed survey of the subject property, identifying the total land area is included within the application binder, and is located in the back pocket. 2. Existing Land Uses The current existing land use of the subject property is primarily vacant. Existing land uses on surrounding properties are identified below: North: Old Palm Golf Club PCD South: Ballenisles Golf Course East: Maintenance Facility West: Vacant parcel An aerial map identifying surrounding land uses is located under Tab 5 of this submittal package. A future land use plan, identifying surrounding land use designations, and zoning designations, is included under Tab 5 of the application binder. 3. Project Narrative — Development Potentials The current Future Land Use designation for the subject property is Residential Low. The Residential Low land use category allows for the development of a maximum of 4 units per acre. Given the size of the site, the Applicant could reasonably develop approximately 29- units on the subject site, under its current land use classification. The applicant is proposing to amend the Future Land Use designation to PO- Professional Office which would allow a maximum of 111,448 square foot of office building square footage. The applicant will seek approval of a rezoning to the appropriate zoning district in the future. The proposed development and intensity is consistent with surrounding developments, and is appropriate given the sites location adjacent to two heavily traveled roadways — PGA Boulevard and the nearby Florida 1934 Commerce Lane, Suite 1 AVW, FWW 33458 561 747 6336 Far 747 1377 Ballenisles West Outparcel - 3 - Small -Scale FLUM Amendment Submitted: July 31, 2007 Turnpike. A copy of the future land use map of the subject site, and surrounding sites, is included herein. 4. justification Statement Project Statement The proposed land use amendment is being requested in order to develop the subject property in a manner consistent with surrounding uses and intensities, and in order to present the City of Palm Beach Gardens with a future project that will help to fill the need for professional office /commercial demands within the City. The location adjacent to PGA Boulevard, and within a short distance to the Florida Turnpike interchange, makes the subject site ideal for professional /commercial development, as it is easily accessible and is within close proximity to meet the needs of the nearby residential areas. Impacts on Facilities and Services The proposed land use amendment and subsequent development of the subject property will not have any significant impacts on local public facilities or the delivery of City services. The information completed as part of the Public Facilities Analysis, included within this application package, further identifies that the proposed project is acceptable from the perspective of public facilities. Consistency with City Policies The proposed land use amendment is consistent with the accepted policies of the City of Palm Beach Gardens. Furthermore, the proposed land use amendment is consistent with the goals, policies and objectives outlined within the City's Comprehensive Plan. This is detailed further under number 16 below. S. Public Facilities Analysis The proposed development of the subject property has been analyzed with respect to its impact on the established level of service standards for sanitary sewer, potable water, traffic circulation, solid waste, drainage and recreation and open space. Sanitary Sewer Please refer to sewer analysis for further information as completed by Keshavarez & Associates, Inc., and is included herein, under Tab 8 of the application binder. Potable Water Please refer to potable water analysis for further information as completed by Keshavarez & Associates, Inc. and is included herein, under Tab 8 of the application binder. Cotleur Hearing 1934 Carnawce lace, SNIe 1 ,WW, Fbkla 33458 561 747 6336 FM 747 1377 Ballenisles West Outparcel - 4 - Small -Scale FLUM Amendment Submitted: July 31, 2007 Traffic Circulation Please refer to traffic analysis for further information as completed by Kimley- Horn & Associates, Inc. and is included herein, under Tab 7 of the application binder. Solid Waste Please refer to solid waste analysis for further information as completed by Keshavarez & Associates, Inc. and is included herein, under Tab 8 of the application binder. Drainage A Drainage Analysis was completed for the subject project by Keshavarez & Associates, Inc. and it is included in Tab 8 of the application binder. Recreation and Open Space An analysis is not required as this request is related to a non - residential amendment. 6. Character Analysis The maps of the subject property, included under Tab 5, help to visually identify the suitability of this site for the proposed development program. The soils are suitable for development, the topography is appropriate for development, and there are no natural or historic resources which would be adversely impacted by the proposed development of the subject property. 7. Population Projections An analysis is not required as this request is related to a non - residential amendment. 8. Housing Needs Analysis An analysis is not required as this request is related to a non - residential amendment. 9. Hurricane Evacuation Analysis An analysis is not required as this request is related to a non - residential amendment. 10. Beach Accessibility This proposed Future Land Use Map Amendment does not affect beach accessibility, as the subject property is not located along the waterfront. 11. Endangered Species The subject property does not contain any habitat for species listed by federal, state or local agencies as endangered, threatened or of special concern. A copy 1934 Comroce Lane, Safe 1 Apt* FWda 33458 661 747 6336 Fax 7471377 Ballenisles West Outparcel - 5 - Small -Scale FLUM Amendment Submitted: July 31, 2007 of the Environmental Analysis Reports, completed for the subject site, are included under Tab 6 of the application binder. 12. Local Governments The applicant does not anticipate that any adjacent / surrounding local governments will be impacted by the proposed amendment. The subject property is bounded on all sides by City of Palm Beach Gardens properties. 13 /14.Capital Improvements Analysis The proposed FLUM Amendment is not based on the annual monitoring and evaluation review of the Capital Improvement Element of the Comprehensive Plan. The application will not have a significant impact on the City's capital improvements program, including public facility needs and ability to finance capital improvements. 15. Market Study A market study was not prepared for Professional Office land use designation. this proposed amendment to the PO- 16. Future Land Use Element Compatibility The proposed future land use amendment is compatible, and consistent, with a number of goals, objectives and policies within the City of Palm Beach Gardens Comprehensive Plan. The following section defines the specific goals, objectives and policies, and identifies how this proposal is consistent with, and furthers, the defined goal. Future Land Use Element Objective 1.1.3.: Development orders and permits for development and redevelopment activities shall be issued only in those areas where suitable topography and soil conditions exist to support such development. The proposed future /and use amendment relates to the development of a site that has suitable_ to and soil conditions to support the proposed development, under the proposed PO — Professional Office guidelines. Environmental reports were completed for both parcels included in the subject site and identify that the property has suitab le soil for the proposed development. Please refer to Environmental Analyses included in Tab 6, Policy 1.1.2.6.: The developer /owner of any site shall be responsible for the management of run -off consistent with the goals, objectives, and polices of the Stormwater Management Sub - Element of this Comprehensive Plan. 1934 Canmerce Lane, SUte 1 A#W, FbrM 33458 561 747 6336 FaK 747 1377 Ballenisles West Outparcel -6- Smati-Scale, FLUM Amendment Submitted: July 31, 2007 The site was previously permitted by JDM Country Club (Ballenisles Country Club). The Master Stormwater Management System for Ballenisles provides water quality treatment and stormwater attenuation for this project consistent with the Stormwater Management Sub - Element of this Comprehensive Plan, Policy 1.1.3.2.: All proposed development shall be located in a manner such that the natural topographic features of the site are not adversely altered so as to negatively affect the drainage of neighboring properties or visual aesthetics of the area. The requested modification to the PO - Professional Office future land use designation will allow for the development of the site without the creation of any negative drainage or visual impacts The site was previously permitted by JDM Country Club (Ballenisles Country Club). The Master Stormwater Management System for Ballenisles provides water quality treatment and stormwater attenuation for this project. Existing vegetation exists at the southeast corner of the site and will be incorporated if possible into the site design of any future development, Objective 1.1.4.: Development orders and permits for development and redevelopment activities shall be issued only in areas where public facilities necessary to meet the level of service standards are available concurrent with the impacts of development. Under the guidelines set forth for a PO- Professional Office property, the proposed development will continue to maintain the approved level of service standards Goal 1.1.5.: Future growth, development and redevelopment shall be directed to areas 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. The Palm Beach Gardens Future Land Use maps designate the subject site as having a RL- Residential land use designations However, the property is better suited for non-- resdential use as it is located on the southwest comer of the intersection of PGA Boulevard and Balleniles Drive. The proposed land use change complies with sound planning principles by abandoning the residential land use and allowing a more appropriate use to pro vide services to the many nearby residents The land use amendment is a result of the City Councils direction to diversify the Cl" economic tax base by planning for a more sustainable economic climate. A more diversified and sustainable economy is part of 1934 Commerce Lane. SLife l ,W* Fbdda 33458 661 747 6336 Fax 747 1377 Ballenisles West Outparcel - 7 - Small -Scale FLUM Amendment Submitted: July 31, 2007 the Citys desired community character in creating this economic climate, the City will be able to better maintain its existing services and facilities, while not depending so heavily on properly tax increases to provide for the consistent delivery of quality services The proposed land use amendment presents the City of Palm Beach Gardens with a project that will help to All the growing professional office demands within the City without adversely affecting existing conservation areas as there are none existing on or adjacent to the propose site. The proposed Land use amendment could also support the future goals of providing additional land area for the future biotech and related uses as required in the Scripps agreement to locate in northern Palm Beach County. 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. On January 6, 2005 the City Council adopted the Economic Development Element, The Element signals the Citys commitment to successful economic development. The goal of the Economic Element is to achieve a balanced and diversified economy compatible with the built environment. The proposed land use map change will advance this goal by allowing professional offices on one of the last remaining vacant sites in this area that is available and appropriate for professional office uses Currently the City has a high percentage of residential uses and is in need of those lands uses recognized by the Economic Development Element that will provide value added employment The land use map change will provide the opportunity to realize the goal of economic stability by providing the ability to develop those uses that are economic generators Policy 13.1.1.4.: The City shall allocate adequate commercial, industrial, and residential acreage through mechanisms such as zoning and land use plans to meet the future needs of a diversified economy. The availability of sites within the City that can currently accommodate these listed uses including professional office is limited. The proposed land use amendment will attract professional offices to meet the future needs to provide a diversified economy. Public Safety Element Objective 10.1.1: The City shall continue to promote alternative funding methods to ensure that new development pays its proportionate share of the cost of providing public safety facilities, equipment and land necessitated by development. ;otleur Heanng 1934 Co ftYmce lone, sure 1 ApW, Fb dda 33458 561 747 6336 Fax 747 1377 Ballenisles West Outparcel - 8 - Small -Scale FLUM Amendment Submitted: July 31, 2007 The proposed development will be subject to any fees associated with the impacts that it will have on the City of Palm Beach Gardens Though payment of the fees, the applicant is contributing to sustaining public safety facilities and equipment. Policy 10.1.1.1.: The City prefers the use of police and fire impact fees as the method to more equitably distribute the costs for public safety services. The applicant will pay impact fees under the PO land use designation. Therefore, contributing more monies directly to the 0" funds for public safety services, than if paid for the twenty nine (29) units allowed under the RL land use designation. 17. Comprehensive Plan Analysis The proposed future land use plan map amendment will have no adverse impacts on the City of Palm Beach Gardens Comprehensive Plan. The proposed land use amendment is consistent with the applicable goals, policies and objectives of the plan, and is in no way contradictory with any of the plan elements. 18. Prior Development Approvals There is no prior development approval for the subject site. 19. Evaluation and Appraisal Report The City's Evaluation and Appraisal Report is due in December 2007 and will assess the City's progress in implementing their Comprehensive Plan. A list of major issues to be evaluated in the EAR is currently being drafted by the Growth Management Department of the City of Palm Beach Gardens. The preliminary EAR issues have been reviewed and are not generally applicable to the subject project. 20. Consistency of the Local Comprehensive Plan with the State Comprehensive Plan The City of Palm Beach Gardens has an approved Comprehensive Plan which was prepared to be consistent with the Strategic Regional Plan and State Comprehensive Plan. Consistency with the plans is defined as being compatible and furthering the goals and policies of the regional and state plans. 1934 Commerce Lame, Stile 1 . VW, F101W 33458 561 747 6336 Fa( 7471377 Ballenisles West Outparcel - 9 - Small -Scale FLUM Amendment Submitted: July 31, 2007 MISCELLANEOUS: 1. Survey / Plat A copy of the certified legal survey of this property are included in the back pocket of the application binder. 2. Consent and Ownership Confirmation - Please refer to Tab 3 for a copy of the Warranty deeds for the subject site, as well as a statement of the applicant's interest in the properly and written consent of all owners of the subject property. CONCLUSION: The Applicant is requesting approval of a small scale future land use amendment, in order to provide future PO- Professional Offices for existing and future residents of the City of Palm Beach Gardens. The applicant is proposing to modify the land use designation of the subject property from RL — Residential Low to PO- Professional Office. The subject property is located adjacent to PGA Boulevard and near the Florida Turnpike. These thoroughfares add significant value to Palm Beach Gardens, Palm Beach County and other neighboring municipalities. The easy accessibility to the site, as well as its convenient location makes it an ideal location for further professional office development. A majority of professional office space located within the Gardens is located further east. Professional office is needed to provide services to the residents located in the western vicinity. The proposed use for the site as a professional office is consistent with surrounding uses and intensities of development. The Applicant looks forward to receiving staff comments related to this request. 1934 Commerce lane, "o 1 ,kpee, Fb4a0 33458 561 747 6336 Fax 747 1377 cotieur& Hearing Landscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane - Suite 1- Jupiter, Florida - 33459 - Ph 561.747.6336 • Fax 561.747.1377 - www.co0eurheadng.com - Lic # LC- 0000239 December 21, 2009 Martin Schneider, AICP City of Palm Beath Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 -4698 Re: Ballenlsles West Outparcel - FLUM Amendment Petition Petition No. CPS — 07-08- 000001 Commitment to Limit Floor Area CH Project No.: 030612 Dear Martin: This correspondence is to follow -up on our telephone conversation of Friday, December 18, 2009, In connection with the above referenced petition. Throughout the review process, there has been much discussion surrounding the potential floor area that could be reasonably accommodated on the subject property. The applicant has expressed a willingness to voluntarily limit the maximum of floor area ratio (FAR) as a means of mitigating for potential project impacts. Please accept this correspondence as the applicant's voluntary commitment to limit the use (FAR) of the property to 95,000 square feet of office use. This can be accomplished by the recording of a restrictive covenant that runs with the land and /or a Land -Use Map footnote. The City may have other recommendations as well. On behalf of the applicant, we would like to thank you for your further consideration of this matter. Should you have any questions or need additional information, please feel free to contact me. Sincerely yours, C t & €ng, Inc. naidso . 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Palm Beach Gardens, FL 144155001 July 2007 Revised Auzurt 2007 Revised November 2007 Revised February 2008 Revised Apri12003 ® Kimley -Hom and Associates, Inc. CA Number 000006% 1690 South Congress Avenue, Suite 100 Delray Beach, Florida 33445 561/330 -2345 TEL 561/330 -2245 FAX C=nKdq'-ft ❑�� Kimley -Hom and Associates, Inc. TRAFFIC ANALYSIS FOR COMPREHENSIVE PLANAMENDMENT BALLEN ISLES OUTPARCEL PALM BEACH COUNTY, FL Prepared for: John C. Bills Enterprises, Inc. Palm Beach Gardens, FL 144155001 July 2007 Revised August 2007 Revised November 2007 Revised February 7008 Revised April 2008 ® Kimley -Horn and Associates, Inc. CA Number 00000696 1690 South Congress Avenue, Suite 100 Delray Beach, Florida 33445 5611330 -2345 TEL 561/330 -2245 FAX -X d Adam B. Kerr, P.B. Florida Registration Number 64773 p*Jdt/Qb SECTION TABLE OF CONTENTS PAGE INTRODUCTION.................................................................... ..............................1 INVENTORY AND PLANNING DATA ................................ ..............................3 Inventory.................................................................... ............................... 3 Planning Data ..................... PROJECT TRAFFIC ................................................................ ..............................5 TripGeneration .......................................................... ............................... 5 TrafficDistribution ...................................................... ..............................9 BACKGROUND TRAFFIC ................................................... .............................11 Existing (Year 2007) .................................................. .............................11 Short Range (Year 2012) .......................................... ..............................1 I Long -Range (Year 2025) ......................................... .............................12 ASSURED AND PROGRAMMED CONSTRUCTION ........ .............................13 ROADWAY EVALUATION ................................................. .............................14 Levelof Service.. ....................................................... .............................14 Year2007 ................................................................... .............................15 Year2012 ................................................................... .............................19 Year2025 ................................................................... .............................25 CONCLUSION..................................................................... .............................29 APPENDIX ................................................. ............................... Following page 29 Appendix A — Existing Count Data Appendix B — MOT Factors Appendix C -- 2025 WO Volumes 144155001 - BaUm Isla Qdparcel Comp Plan 71,aff cAnalysis -Re* d ApM 1.2008 Page! LIST OF TABLES Table No. Title Pane 1 Land Use Petition Summary ........................... ..............................4 2 -A Trip Generation @ Maximum FAR (one floor ) ............................6 2 -B Trip Generation @ Maximum FAR (two floors ) ..........................7 2 -C Trip Generation @ Typical FAR ................... ............................... 8 3 -A 2007 AADT Link Analysis @ Maximum FAR (one floor) ........ 16 3 -B 2007 AADT Link Analysis @ Maximum FAR (two floors) ......17 3 -C 2007 AADT Link Analysis @ Typical FAR . .............................18 4 -A Test II Two -Way Peak Hour Traffic Link Analysis @ Maximum FAR (one floor) ..... 20 4-B Test II Two -Way Peak Hour Traffic Link Analysis @ Maximum FAR (two floors)... 21 4 -C Test II Two -Way Peak Hour Traffic Link Analysis — Expanded @ Maximum FAR (one floor) ..... 22 4-D Test II Two -Way Peak Hour Traffic Link Analysis - Expanded @ Maximum FAR (two floors) ... 23 i 4-E Test R Two-Way Peak Hour Traffic Link Analysis @ Typical FAR ........................... 24 5 -A 2025 AADT Link Analysis @ Maximum FAR (one floor) ........ 26 5-B 2025 AADT Link Analysis @ Maximum FAR (two floors) ...... 27 5-C 2025 AADT Link Analysis @ Typical FAR . .............................28 144155001 — Ballen Isles Oaiparcel Comp Plan Trafc Analysis — Revised Aprll 1, 2008 Page ii LIST OF FIGURES Figure No. Title p_ aAe 1 Site Location Map .......................................... ..............................2 2 Project Traffic Assignment ............................ .............................10 144155001 — Ba&n Isles Oulparcel Camp Plan Traffle Analysis -- Revised April 1, 2008 Page iii INTRODUCTION A Comprehensive Plan Land Use Amendment is proposed for a 7.31 -acre parcel of land located on the south side of PGA Boulevard, just west of Ballen Isles Drive in the City of Palm Beach Gardens, Florida. The 7.31 -acre parcel has a current land use designation of Residential Low (RL). A land use change from the current RL designation requiring a comprehensive plan amendment is being requested to allow a Professional Office (PO) land use designation. The intensities for RL and PO are based on Single Family Detached Residential (ITE 210) and General Office (ITE 710), respectively. The trip generation rates used in the analysis are consistent with Palm Beach County published rates. The location of the site is illustrated in Figure 1. Kinley -Horn and Associates, Inc. was retained to prepare a Comprehensive Plan Land Use Amendment traffic analysis for the subject property. This document presents the methodology used and findings from the analysis. The data used in the analysis are the most current data available from Palm Beach County. The traffic impact analysis was conducted in accordance with the requirements of Palm Beach County's Future Land Use Atlas Amendment Application for 2007. 144155001 — Ballen Isles Outparcel Comp Plan T ra lc Analysts — Revised April 1, 2008 Page l HOOD RD. 811 ALT. c r s i� ROA P" OLVD. BLVD. LJ SITE BURNS RD. 95 F INVESTMENT LN. e EAST ISLAND AVE. NORTH.AKE BLVD. \7 FIGURE 1 BALLENISLES SITE LOCATION MAP ❑ —n IGmlgy Hom NOT TO SCALE � and Assodate; Inc. 14 ismi KVCO —iPTO\ 1441 \WM \GQp\OAL{MU$ —QW.4ry F10 -1 Fab 06. 9000 IlMom by; m9lUmnon INVENTORY AND PLANNING DATA Inventory Data The data used in this analysis were obtained from Palm Beach County and are included in the Appendix. This data included: c 2007 24-hour traffic volumes • Historic traffic count data • 2025 WO FSUTMS Model Data • (FDOT) "2006 Peak Season Factor Category Report" Planning Data Development density for the approved land use designation was determined as specified by the Future Land Use Atlas Amendment requirements. The current land use designation is RL, with a maximum development intensity based on rates for Single Family Detached Residential (PTE 210). It is proposed to change the land use to allow for PO, with a maximum development intensity based on rates for General Office (TTE 710). The proposed land use designation was analyzed for the site at a maximum allowable development of 35°% lot coverage in both one -story and two - story scenarios. A typical allowable development of 22% lot coverage was also analyzed. Table 1 summarizes the following: • Current future land use designation and resulting development densities. • Typical and Maximum allowable development potentials 144155001— Ballen Isles Outparcel Comp Plan 7iqffk Ana&ls — Revived April 1, 2008 Page 3 0 O O ry 4j 44 41 ON CIA 00 'It C411 N 17 .. . C> >4 . ........ PA E4 z 0 0 s in A4 a I ZU- . o a N. 4) 0 O O ry PROJECT TRAFFIC Trip Generation The trip generation potentials for the current land use designation and proposed future land use development were developed based on the trip generation rates ! published by Palm Beach County. Tables 2 -A through 2 -C summarize the trip generation comparison of the proposed future land use development compared with the current land use designation for the maximum and typical allowable development scenarios. The trip generation potential for the proposed future land use is greater than the trip generation associated with the existing land use for both the maximum and typical land use developments. The radius of development influence (as specified in the Palm Beach County Future Land Use Atlas Amendment Traffic Circulation Element) was based on the net trip increase. Based on a maximum net trip increase of 2,059 trips per day, the radius of influence is one mile from the site access. 144155001 — Ballen Isks Outparcel Comp Plan 7Wk Analysis — Revised April 1, 2008 Page 5 Nolen: ktta jp(9V441U1001y wmr1008Ypdae.l[oloaol lrpasaletai nmr-lllow V607000 P.33 C= KknlepHorn M ❑ aW A dates, Ine. TABLE 2-A BALLEN ISLES OUTPARCEL COMPREB3I3 NE PLATY AMENDMENT TRIP GENERATION ® PROPOSED MAMMUM LAND USE DEVELOPMENT - ONE FLOOR Load Use intensity Doily AM Peak Hoar PM Peak Hour Total I to Out Total in Out Trips Ealatlae Land Use Single Family Detached 29 du. 290 30 7 23 35 22 13 Subtotal 290 30 7 23 35 22 13 Net Total 290 30 7 23 35 22 13 Proposed Future Iggd Use Genen d Office 111,448 s.£ 1,450 205 180 25 204 35 169 1,450 205 180 25 204 35 169 Subtotal Pass -By Capture General Office 5.00% 73 1 10 9 1 1 10 2 8 73 10 9 1 10 2 8 Sub101111 Net Total Proposed Future Land Use 1,377 19S 171 24 194 33 161 Net Trip Increase (Change in land Uses) 1,087 165 16I 1 159 11 148 Trip generation was calculated using the following data- Daily Traffic Generation Single Fondly Detached [P.B.C.] a T 10 trips per du. General Office [P.B.C.] - In(I) - 0.77 La(X) + 3.65 AM Peak Hour Traffic Generation Single Family Detached [P.B.C.] — T — 0.70(X) + 9.43; (25% in, 75°x6 out) General Office (P.B.C.) — Ln(T) — 0.80 Ln(X) + 1.55; (99% in, 12% out) PM Peak Hour Traffic Generation Single Family Detached [P.B.C.] - Ln(1) — 0.90 IaM + 0.53; (63% In, 37% out) General Office [P.B.C.] - I.tt(T) — 0.74 U(X) + 1.83; (17% in, 83% out) Pass -By Capture General office [P.B.C.] - 5% Nolen: ktta jp(9V441U1001y wmr1008Ypdae.l[oloaol lrpasaletai nmr-lllow V607000 P.33 C= KknlepHorn M ❑ aW A dates, Ine. Nara: k16ot epauarosoo�y nrarr20oayimrst ( oaoaoe rrpesllrsa nar-Vows 24V20oa s:iJ CI..11 andAssaM1Mes,1nc. TABLE 2-B BA.LLEN ISLES OUTTARCEL COMPREHENSIVE PLAN AMENDMENT TRIP GENERATION ® PROPOSED MAXIMUM LAND USE DEVELOPMENT - TWO FLOORS Land Use Intensity Daily AM Peek HonT PM Peak Hour Total in Out Total in Out Trips ExistingLandNM Single Family Detached 29 du. 290 30 7 23 3S 22 13 Subtotal 290 30 7 23 35 22 13 Net Total 290 30 7 23 35 22 13 Provilagg Future Land Use General Office 222,896 s.f. 2,473 356 313 43 341 58 283 2,473 356 313 43 341 58 283 Sabrotal Pass -By Capture General office 5.00% 124 18 16 2 17 3 14 124 18 16 2 17 3 14 Subtotal Nd Total Proposed Fahrn Land Use .2,349 338 297 41 324 SS 269 Net Trip Increase (Change in Land Uses) 1,059 308 290 is 289 33 256 Trip generation was calculated using the following data: Daily Traffic Generation Single Family Detached [P.B.C.] - T— 10 trips per d.u. General Office [P.B.C.] - Ln(r) — 0.77 Ln(X) + 3.65 AM Peak Hour Traffic Generation Single Family Detached (P.B.C.) - T — 0.70(X) + 9.43; (25% in, 75% out) General Office [P.B.G] - Ln(t) — 0.80 La(X) + 1.55; (88% in, 12% out) PM Peak Hour Traffic Generation Single Family Detached (P.B.Gj - LaM - 0.90 In(X) + 0.53; (63% in, 37% out) General Office (P.B.C] U(1) - 0.74 LaM + 1.83; (17% in, 83% out) Pasa-BYC VU- GeneralOffice Nara: k16ot epauarosoo�y nrarr20oayimrst ( oaoaoe rrpesllrsa nar-Vows 24V20oa s:iJ CI..11 andAssaM1Mes,1nc. Noun., ktbod�revla►ssosllra r2M Mw )np+ry ysaoos9:is CIM13 [aMeOom WAsoMeMne- TABLE 2-C BALLEN ISLES OUT PARCEL COMPREHENSIVE PLAN AMENDMENT TRIP GENERATION ® PROPOSED TYPICAL LAND USE DEVELOPMXNT Land Use Intensity Daily AM Pak Hour PM Peak Hour Total In I Out Total In Out Tripe &ktlm Land Use Single Family Detached 29 d.u. 290 30 7 23 35 22 13 290 30 7 23 35 22 13 Subtotal Net Total 290 30 7 23 35 22 13 Proposed Futurf Land Use Geveral Office 70,053 s.f. 1,014 141 124 17 145 25 120 1,014 141 124 17 145 25 120 Subtotal Pan-By Cloture General Office 5.00% 51 7 6 1 1 7 1 6 Subtotal 51 7 6 1 7 1 6 Nd Total Proposed Future Land Use P63 134 118 16 138 24 114 Net Trip Increase (Change In Land Uses) 673 104 111 103 2 101 Trip generation was calculated using the following data: Daily Traffic Generation Single Family Detached [P.B.C.] - T = 10 trips per du. General Office [P.B.C.] La(T) — 0.77 In(X) + 3.65 AM Pak Flour Traffic Generation Single Family Detached [P.B.C.] — T-0.70(X) + 9.43,(25% iN 75% out) OereralOffice [P.B.C.] — LM- 0.80Ln(X) +135;(88 % in, 12 %out) PM Peak Hour Traffic Generation Single Family Detached [P.B.C] — LnM - 0.90 Lt(X) + 0.53; (63% K 37% out) General Office [P.B.C.] - Ln(T) - 0.74 U00 + 1.93; (17% in, 83% out) Pass -By Captum GmeralOfLce [P.B.C.] — 5% Noun., ktbod�revla►ssosllra r2M Mw )np+ry ysaoos9:is CIM13 [aMeOom WAsoMeMne- Traffic Disidbution The external traffic distribution was determined by a review of the roadway network and its travel time characteristics. The distribution, by general direction, is summarized below: NORTH - 17% i SOUTH - 5% EAST - 68% WEST - 10% The distributed external trips for the project were assigned to the roadway links within the radius of influence based on the additional impacts from the proposed land use amendment. The assignment is illustrated in Figure 2. 144155001— Ballen Isles Outparcel Comp Plan Traffic Analysis — Revised April 1, 2008 Page 9 NOT TO $CALE FIGURE 2 BALLENISLES TRAFFIC ASSIGNMENT C]MIJ Khniey-Hom m and AmdatA Inc. 14415M BACKGROUND TRAFFIC Background traffic was developed for existing, short -range and -long range level of service analyses for maximum and typical development plans as outlined below: Existing (Year 2007) Background traffic for the existing level of service analysis was determined by taking the 2007 24 -hour peak season counts obtained fi-om Palm Beach County and applying seasonal adjustment factors to calculate an average daily volume for each roadway link. The seasonal adjustment factors were obtained from the Florida Department of Transportation (FDOT) "2006 Peak Season Factor Category Report", as documented in Appendix B. Short -Range (Test 2 - Year 2012) As per Palm Beach County requirements for Test 2, background traffic volumes are only used when a link is significantly impacted As shown in Table 4-B, the proposed maximum land use (two floors) will significantly impact PGA Boulevard between Ballen Isles Drive and Military Trail; therefore, background volumes are calculated only for these links. Background traffic includes traffic from the unbuilt portions of approved committed development projects and the historical traffic growth A review of the approved committed development projects in the vicinity of the proposed development was conducted, information from the Palm Beach County Traffic Division's database of approved projects was used and is attached to this report. The review indicated that there are several approved committed development projects that would contribute to the future background traffic on the roadway links in the study area. 144155001 — Batten Isles Outparcel Comp Plan Traffic Analysis — RevisedApril1, 2008 Page 11 According to the requirements of the Traffic Perfornianoe Standards of Palm Beach County, existing traffic volumes were projected to 2012 conditions using the greater of the historical growth rate or the committed traffic volumes plus one percent nominal growth, as published by Palm Beach County. A nominal one percent growth rate was used on all the roadway links where the historical growth rate is less than one percent. Long -Range (Year 2025) Background traffic for the long range (2025) level of service analysis was obtained from 2025 projected traffic volume estimates obtained from the Palm Beach County Metropolitan Planning Organization. This information is documented in Appendix C. The 2025 MPO projected volumes were adjusted to average annual daily traffic volumes using the FDOT adjustment factors. The year 2025 volumes are assumed to already include the impacts from the current future designations of all properties within the area. Therefore, no committed development project traffic was added to this scenario. Additionally, only the net new trips associated with the proposed future land use change were added to the 2025 model volumes. 144155001 — Ballen Isles Oulparcel Comp Plan Traffic Analysis — Revised.lpril 1,1008 Page 12 ASSURED AND PROGRAMMED CONSTRUCTION The existing number of lanes on each analyzed link was identified. A review was undertaken of the Palm Beach CountyFive -Year Plan, as well as those improvements committed by the Florida Department of Transportation and developers of other property in the area to identify programmed roadway improvements. There are no improvements scheduled for completion by 2012. A review of the Palm Beach MPO's 2030 Long Range Transportation Plan indicates that PGA Boulevard between Jog Road and Florida's Turnpike will be widened to 6 lanes, Central Boulevard between PGA Boulevard and Hood Road will be widened to 6lanes, Florida's Turnpike north of PGA Boulevard will be widened to 6lanes and Florida's Turnpike south of PGA Boulevard will be widened to 8 lanes. 144155001— BallenIsles Outparcel Comp Plan Braffic Analysis— Reviseddprll1. 2008 Page 13 ROADWAY EVALUATION Level of Service Roadway links within the radius of influence were analyzed to determine their level of service for year 2007, 2012 and 2025. However, as stated in Palm Beach County's Future Land Use Atlas, links are considered as being significantly impacted if they meet the following criteria: ■ The net trip increase causes the adopted LOS for FHHS facilities to be exceeded • The net increase impacting roads not on the FIHS is greater than one percent of the adopted level of service volume and the volume to capacity ratio (v /c) is greater than 1.4 • The net increase impacting roads not on the FIHS is greater than two percent of the adopted level of service volume and the volume to capacity ratio (v /c) is greater than 1.2 ■ The net increase impacting roads not on the FIRS is greater than three percent of the adopted level of service volume regardless of the We ratio For the roadway evaluation, traffic was assigned considering the surrounding land uses and roadway characteristics. At the request of the City of Palm Beach Gardens, the traffic credit for the existing approved land use was removed from this portion of the analysis. The results shown reflect the full amount of traffic generated by the proposed future land use. 144155001 — BaUen Isles Ou"rcel Comp Plan Traffic Analysis — RevisedAprU I, 2008 Page 14 Year 2007 A link level of service analysis was undertaken for links within the project's radius of influence. Table 3 -A summarizes the results of the level of service analysis for the proposed maximum (one floor) development traffic added to Palm Beach County 2007 AADT traffic volumes. As can be seen in Table 3 -A, the roadway link of Florida's turnpike between PGA Boulevard and Okeechobee Boulevard will be significantly impacted and will not meet the level of service standards. However, this link is currently over capacity without the proposed land use change. Table 3 -B summarizes the results of the level of service analysis for the proposed maximum (two floors) development traffic added to Palm Beach County 2007 AADT traffic volumes. As can be seen in Table 3 -B, the roadway links of Florida's Turnpike between PGA Boulevard and Okeechobee Boulevard and PGA Boulevard between Ballen Isles Drive and Central Boulevard are anticipated to be significantly impacted. The link of Florida's Turnpike between PGA Boulevard and Okeechobee Boulevard will not meet the level of service standards. However, this link is currently over capacity without the proposed land use change. Table 3-C summarizes the results of the level of service analysis for the proposed typical development traffic added to Palm Beach County 2007 AADT traffic volumes. As can be seen in Table 3-C, the roadway link of Florida's Turnpike between PGA Boulevard and Okeechobee Boulevard is anticipated to be significantly impacted and will not meet the level of service standards. However, this link is currently over capacity without the proposed land use change. 144155001 - Ballen Isles Qrdparcel Comp Plan Inc Analysis - Revised April 1. 2008 Page 15 , �!!! � !■ } !2 . i ❑ § §)§ k §k , , § § 0a u u � § � §■}| k ■- § � % 2- �2�k§ �k ! °! §� � z4■■ . |! ■ k� | | | � } ■tƒ��� 1 HII � 2 .1! �ƒ J °���2�J�J ■7f |f |� $ £ &I ❑ ❑ ! | | �. | k. a!, �$ &� § ■ ■. $ || a■ai !R |$ Hil k k§ > d5§§ / d. §$§ uuoo o uw � § � , � ■ �� § §�I ! § §! � ■� UUUO o u� � § § ■kk§ ® ■§ a §§� �■ ;# § _. © §C$$ d §k � §� ■��A 4 ■ ■ �# ;s■ g■ � !■ � � l�:3� "■ £ &I ❑ ❑ ! | | �. | k. a!, �$ &� § ■ ■. $ || a■ai k $ 2� ❑ ❑ �t �| |I � || a || � | || ` | | ■£ f Jill f |$••� Jill ! � ■ ■� ilia ` | fill ! |`■ | |; i I ! | | ! ! 2 'El fill-, « �52d §' /'$] §7§ vuuin u u� k�kiE $ �7 � § §§ ¥A� � uuua u u� �■ � § §!§d ! §\ » !■ eeee e �� 2 ® � $ � k $ 2� ❑ ❑ �t �| |I � || a || � | || ` | | ■£ f Jill f |$••� Jill ! � ■ ■� ilia ` | fill ! |`■ | |; i I ! | | ! ! Year 2012 The peak hour trips generated by the proposed maximum land use development were assigned to the roadway network as part of Test 2. These volumes were then compared to the Level of Service'E' peak hour, two -way thresholds for roadways in the study area and compared against a three percent significance threshold. Table 4- A summarizes the results of the level of service analysis for the proposed maximum (one floor) development traffic. As can be seen in Table 4 -A, PGA Boulevard between Ballen Isles Drive and Central Boulevard will be significantly impacted for Test 2. Table 4 -B summarizes the results of the level of service analysis for the proposed maximum (two floors) development traffic. As shown in Table 4 -B, the roadway links of PGA Boulevard between Ballen Isles Drive and Military Trail will be significantly impacted for Test 2. The significantly impacted links were then analyzed on a two -way peak hour Test 2 basis to determine whether they will meet Test 2 standards. As shown in table 4-C, the significantly impacted link in the one -story scenario will meet the test 2 standards upon build out of the project. As shown in Table 4 -D, both significantly impacted links in the two -story scenario will meet Test 2 standards upon buildout of the project. The peak hour trips generated by the proposed typical land use development were assigned to the roadway network as part of Test 2. These volumes were then compared to the Level of Service `E' peak hour, two -way thresholds for roadways in the study area and compared against a three percent significance threshold. Table 4- E summarizes the results of the level of service analysis for the proposed typical development traffic. As can be seen in Table 4 -E, none of the roadway links within the radius of influence will be significantly impacted for Test 2. 144155001— Ballen Isles Ouowvd Cpmp P1= Traric Analysis — Revised April 1, 2008 Page 19 TABLE 4-A BALLEN MM OUTPARCBL I= 2 TWO -WAY PEAK HOUR TRAMC LM ANALYSIS PROPOSED MAXB4UMLAND USE DEVELOPMENT - ONE VWOR R-dway lYfrria . I Pn aat 1±afae Nambw LAST' NewTH Si4n6mu >3% From To AN FRI Oflraas Capacity % % TTT KiAEaalawsr/ )o`Rood 7wway Drivel Florida's Tpke 4D 3,270 10Y. 20 19 0.60% No Faewey MN&VIxid's Tpb Baku hies Drive 6D 4,920 15% 29 29 O.S9% No Baler Was Draw Centel BooWvard 6D 4,920 E3% 162 161 3.29% Yu CK&SIBoahvard Mwary7ial 6D 4,920 61Y. 133 132 2.70% No S CaaarA Boalward POABnkvard Hood Rd. 4D 3,270 IS% 29 29 0.89% No Florida's lWapiko WodkdeutownAd. POABoulnud 4X 7,110 2% 4 4 0.05% No FM BoaMwd OkeaolwW@ B oolooard 4X 7,110 3% 6 6 O.OBY. No rWI_iw.I11lIIS30al1iawar ] eef qtr .110wBOa_Iges1.)�ol?�..46ae.w ®� f�ml Horn moor n:�r 11� _.... and A slates, Inc. TABLE 4-B BALLEN ISLES OUTPARCEL TEST 2 TWO -WAY PEAK HOUR TRAFFIC LM ANALYSIS PROPOSED MAX374UM LAND USE DEVELOPMENT - TWO FLOORS Radwq PreleaThMe F"m To Nrmbw L STS. New77rt vo alpRenee >3% AM PM OfLua Ca % % !!t POABealeverd loiRad P+iwsyDdwrPkchsTFM 4D 3,270 10% 34 32 LOW No Rakway Ddve/PkeAs Tpke bWkm Lb Ddw 6D 4,920 15% 51 49 1.04% No Balwn mm Drbv CenW B=kvwd 6D 4,920 93% 211 269 5.711A Yw CeaWBoukvwd Malcy7iw0 6D 4,920 68% 230 220 4.67% Yea a C=hW Bealmrd Pt3ABoakwrd Hood Rd 4D 3,270 15% 51 49 1.56% No FWddaY Tarayike WwthWhatownRd. P13ABovdevard 4X 7,110 2% 7 6 0.10% No POABo 6mvd OkeeehobeeBou6,wd 4X 7,110 3% to 10 0.14% No kliel- yraVII11fJO0l Y. mnry700t�de .V070R0eJ�H- d�lrm]►�Aaov.nRJ �� Klii�@�'�1 s4v�6w J7 52 and Ammi tes, Inc. a �a � ❑ ) k f ( ( \ � ! | | { � ! i k ) k~ \ }§ ! | � � - | ■ 7 ! ! \! !| ) | | ! E ; / \ $ ■ ) � § , !• � }k§ | )! § § \t■ f) � | 2� ! ƒ| § (E ){ a � !! /| ! }} ¥ )|| ! |$ : _ - f ; f � �} / a �a � ❑ ) k f ( ( \ � ! | | { � ! i k ) k~ \ } /� t � ❑ | k ! { � ! � ! � f § { { | f f } ) /^ \ 2! |� !! ! ! , ! -� ! f E ) ! �! \ !� �` !: ` ! | '!. �� ,_ =� ! !| !, !_ E . ;! �! ! f! !4 � { \ � �- | ! � ft � ■! � !. ;- §| » !! , | \� � ,. �� �` E \) �! \! & / § \� |2` w » |\ §� || §# 7)§| : t| §; ; k§ [£ || (§ 22 !! | ¥! } �! � .: �| §; }\ !} \ \| !¥ ƒ} )5 ` )! ! �� ! ! ��) !!! } /� t � ❑ | k ! { � ! � ! � f § { { | f f } ) /^ \ TABLE 4-E RALLBNIMESOUTPARCEL TEST 2 TWO -WAY PEAK HOUR TRAFFIC ISM ANALYSIS PROPOSED TYPICAL LAND USE DEVELOPMENT y Is uz Pro ect TraOJe Nunber LOS 991 Now 'VS >3% Frem TO AM PM Mean Cavacity % 7TT PGABoolavard JagRaed Fa3 w alve✓F a"'S ipke 4D 3,270 10% 10 10 No FakWDive/FJ "IsTpke Men MaDrive 6D 4,920 15% 16 15 No Belfea idea Drive CenWBouleard 6D 4,920 83% 87 85 No CmtW BwlcwW lfiutKYT H 6D 4,920 68% 71 70 No CmkW Boalward POABoalewd iloodRd 4D 3,270 15% 16 15 No erlda's Turnpike WedbdlwAomIRA POABmiuvwd 4X 7,110 2% 2 2 No POABouL- d OkeeehobnBaUIVAW 4X 7,110 3% 3 3 No t*a(. IpW44JUJWJV d.w.rlooeepdeaye:eroe h7ejlrle uJp4k �" ®� 1411119y -F It Jaasoau:JJ and Associates, Inc. Year 2025 Tables 5 -A and 5-B summarize the results of the level of service analysis for the proposed maximum one floor and two floor land use designation traffic added to the year 2025 WO FSUTMS model background traffic. As can be seen in Table 5 -A, no roadway links within the radius of influence will be significantly impacted by the project. Table 5 -B shows the link of PGA Boulevard between Ballen Isles Drive and Central Boulevard will be significantly impacted by this project, and will not meet the LOS D standard in the two -floor scenario. It should be noted that the link of PGA Boulevard between Fairway Drive/Florida's Turnpike and Central Boulevard is expected to operate at a reduced level of service. This link will not operate at an acceptable level of service with or without the proposed land use change. However, the link is not significantly impacted by the projected land use change. All other links are expected to operate at the same level of service with or without traffic associated with the proposed amendment. Table 5-C summarizes the results of the level of service analysis for the proposed typical land use designation traffic added to the year 2025 WO FSUTMS model background traffic. As can be seen in Table 5-C, no roadway links within the radius of influence will be significantly impacted by the project. It should be noted that the link of PGA Boulevard between Fairway Drive/Florida's Turnpike and Central Boulevard is expected to operate at a reduced level of service. This link will not operate at an acceptable level of service with or without the proposed land use change. However, the link is not significantly impacted by the project land use change. All other links are expected to operate at the same level of service with or without traffic associated with the proposed amendment. 144155001 — Ballen Isles Oulparcel Comp Plan ?Yaric Analysis — Revised April 1. 2008 Page 25 on fil a i 4 42 as I' �i fit HIM 3$�i d ee �1� PmrA A om P g m P O a m B x > M un trill �I M on fil a i 4 42 as I' �i fit HIM 0 f� It's , t 1, .1 lilt sit i f E A� ��� ifii i rt fill I If ISIS I II Q 000 J SC m m 0 p m p gg 0 Alp'! A :g ! kill I �a 0 f� It's , t 1, .1 lilt sit i f E A� R CFO. ❑ � i� I I. | !, �| ! !� ! a a !!!! , ■�! ffff | ■ � � | §� �!!■ � �� |i- a! ■! ! !! ■ !! §5 | |! � |§ ©..0 0 .. ! a & |! $ $ I §| | || | §2 $ |��§ ) �| �!■e ! �m § 2§ �■ § � �7 ■ ■■e ■ ,■ I |e |■ � ■■ ° |! � ■ @|Q @ �| !J @ §|@ @ || �! ! $I � R CFO. ❑ � i� I I. | !, �| ! !� ! a a !!!! , ■�! ffff | ■ � � CONCLUSION This traffic impact analysis demonstrates that the proposed change in land use designation for the 7.31 -Acre Site located on the south side of PGA Boulevard, just west of Ballen Isles Drive in the City of Palm Beach Gardens, Florida, will not significantly impact the roadway links within the radius of influence in the short term I (2012) and long term (2025) horizons. Consequently, the proposed amendment change is consistent with the requirements of Palm Beach County's Future Land Use Atlas Amendment Application for 2007. 144155001 — Gallen Isles Ouoarcel Comp Plan T rajkAnalysls — Revised April 1, 2008 Page 29 Kimsey -Hom and Associates, Inc. Existing Count Data APPENDUCA oil T M I f9 i M N a I � � � �+ �° � « � � �i re •` ^ wai � w a .^r e� p p 7y8� pq pq W p� F P rk ow A 11 O IM N ,a ♦ '! � r e � h M H * � � f � � y 0 Y m I I Aa g� IK yQ O a a 5 Y 8 I k h � � N 11 re b i �. A �P of O O O O O O O X{in Q` w O IM N ,a ♦ '! � r e � h M H * � � f � � y 0 Y m I I Aa g� IK yQ O a a 5 Y 8 I k h � � N 11 re 1 S is i �. A �P O IM N ,a ♦ '! � r e � h M H * � � f � � y 0 Y m I I Aa g� IK yQ O a a 5 Y 8 I k i N o o e x 0 0 N o e e r o � -n � 0 0 0 o e e o e � g � h 0 0 0, o 3 f c� M I•TV � N f M IRA fin yN M K � g .tC oo R �y �o r0 h _a g g e ♦� .�Qj a A t eil N rl M M M �-© IGmley4iorn and Associates, Inc. FDOT Factors APPENDIX B 2006 Peak Season Factor Category Report - Report Type: ALL Category: 9301 CSN. -W OF OS1 TO SRI MOCF: 0.94 week Dates SF PSCF rwrrrrr �wrswemrwrr�wswrwrwr .rrrrrrrar�rrMf�wwwwarswaa 1 01/01/2006 - 01/07/2006 1.02 1.00 2 01/08/2006 - 01/14/2006 1.00 1.06 3 01/15/2006 - 01/21/2006 0.97 1.03 * 4 01/22/2006 - 01/28/2006 0.96 1.02 • 5 01/29/2006 - 02/04/2006 0.95 1.01 • 6 02 05 02!11!2006 0.94 1.00 '7 0 122tlb -0 2 • 8 02/19/2006 - 02/25/2006 0.94 1.00 * 9 02/26/2006 - 03/04/2006 0.93 0.99 *10 03/05/2006 - 03/11/2006 0.93 0.99 *11 03/12/2006 - 03/18/2006 0.93 0.99 *12 03/19/2006 - 03/25/2006 0.94 1.00 *13 03/26/2006 - 04101/2006 0.94 1.00 *14 04/02/2006 - 04/08/2006 0.95 1.01 *15 04/09/2006 - 04/15/2006 0.95 1.01 *16 04/16/2006 - 04/22/2006 0.96 1.02 17 04/23/2006 - 04/29/2006 0.97 1.03 18 04/30/2006 - 05/06/2006 0.97 1.03 19 05/01/2006 - 05/13/2006 0.98 1.04 20 05/14/2006 - 05/20/2006 0.99 1.05 21 05/21/2006 - 05/27/2006 1.00 1.06 22 05/28/2006 - 06/03/2006 1.00 1.06 23 06/04/2006 - 06/10/2006 1.01 1.07 24 06/11/2006 - 06/17/2006 1.02 1.08 25 06/18/2006 - 06/24/2006 1.03 1.09 26 06/25/2006 - 07/01/2006 1.04 1.10 21 07/02/2006 - 07/08/2006 1.05 1.11 28 07/09/2006 - 07/15/2006 1.07 1.13 29 07/16/2006 - 07/22/2006 1.07 1.13 30 07/23/2006 - 07/29/2006 1.07 1.13 31 07/30/2006 - 08/05/2006 1.06 1.12 32 08/06/2006 - 08/12/2006 1.06 1.12 33 08/13/2006 - 08/19/2006 1.06 1.12 34 08120/2006 - 08/26/2006 1.D6 1.12 35 08/27/2006 - 09/02/2006 1.06 1.12 36 09/03/2006 - 09/09/2006 1.06 1.12 37 09/10/2006 - 09/16/2006 1.06 1.12 38 09/17/2006 - 09/23/2006 1.05 1.11 39 09/24/2006 - 09/30/2006 1.04 1.10 40 10/01/2006 - 10/07/2006 1.04 1.10 41 10/08/2006 - 10/14/2006 1.03 1.09 42 10/13/2006 - 10/21/2006 1.02 1.08 43 10/22/2006 - 10/28/2006 1.02 1.08 44 10/29/2006 - 11/04/2006 1.02 1.08 45 11/05/2006 - 11/11/2006 1.01 1.07 45 11/12/2OD6 - 11/18/2006 1.01 1.07 47 11/19/2006 - 11/25/2006 1.02 1.08 48 11/26/2006 - 12/02/2006 1.02 1.08 49 12/03/2006 - 12/0912006 1.02 1.08 50 12/10/2006 - 12/1612006 1.02 1.08 51 12/17/2006 - 12/2312006 1.00 1.06 i 52 12/24/2006 - 12/30/2006 0.99 1.05 S3 12/31/2006 - 12/31/2006 0.97 1.03 • Peak Season Page 2 of 4 ar® KimteyHom r and Associates, Inc. 2,025 MPO Volumes APPENDIX C Aug -02 -2007 02 :22 PM Kimley -Horn & Associates 8636318 88/92/2887 IS.-15 5612335664 pgMPp ~1w 3/4 PAGE 83 METP,OF OLMAN PLANNING OROAMTION Pal Beach MPO F A X O W E p T:179G PWM OCRO, FL 3NII 2 49 F ROW. SM-60 4170 Aug -02 -2007 02:23 PM Kimley -Horn & Associates 8636318 08/82/2007 15:15 6612335664 PBMPO PAGE 04 07/10/2007 16:15 FAX 801 $812 6199 RIK= umm 1@001 /001 4i328op6q�aQsrol7cvo Ate, b►o. SSWh,iioad4 TEL AOTAKS060 VAX 3dt/m"Op i F=Thm mi tart To: Paul Lmson Pax No- 5611233 -S6d4 ]tm/i oca ia�s kb NO.: PM3: Lsura VbgCd"AS Job Xwer. BWIM 7Aka Oukwad Origbsali coning M►AMkil: YORE] WON • X�'�ultavc aay�,P1Eax u� SSll845r06G5 and>�Jc ibr:%�aua (exL 28,2 TWd Ow bear ofpm^ kjob ft aavnr dtme 1 C.ontntarttS: Yze 3 ese PrOvtde to latoat2w modai vuhmte forts following limkE6 Tbetiluf. Bosomy FmIn TO PrABoulerva Fdrway lhival I+1a�S's 3'08 Road Tt Fairmy W oledws w TPU Man rdw Ztbo ?fit Film D11" S. t7md $w21Et 39d & CAS waEomumd NMnftayTxd 0Centr1Ronk xd PGABOulamd Ir7a mel T=4ft w4ub&obkmx& Pt�A8onle�var9 F4'.:'7 77i4�aafintlrAet�sara�rJ tAeoa[d►gaee edks+nm aodsrpyravtttnDtl isAaudoRtJlat ao�tdosrtub 4'y" are»ottA10d�sdld rrdpleutartJie engtloyide 8ra�cntserpwsibTajardeElvngrso rl�eo,7�ca,�lurxby aotl�rd fat any disa4aibarppn, dl[sac{�wPl�'s8G{tdds aosm�ta�4toa tear�b'� .�� ba srrnetae:rhb jkawhil� lmV7W r"WY US AY td , and MUM 69 M J to xsatAs adbvwpbosw sda dw t!. PbWS m*m 7hm k)kw4 4/4 APPENDIX D Committed Traffic Volumes 0 Input Data ROAD NAME: Pga Blvd CURRENT YEAR: 2007 ANALYSIS YEAR: 2012 GROWTH RATE: 2.2% Time Peda Direck Existing Volume Peak Volume Diversion( %) Volume After Diversion Committed Development Old Palm Goff Club Parcel 4.07A The Pointe Central Park Legend At The Gardens Parcel 4.03/4.06 Pga Commons (Parcels 233) Donald Ross Village Paloma Parcel 5A Parcel 4.076 Parcel 5B Palm Beach Community Chun Florida Research Park Mirasol Regional Center Dd Legacy Place Commercial Northcorp Pcd Gardens Station East & West Southampton Satellite University ® Fairway Abacoa Dri Cimarron Cove Total Committed Developments Total Comitted Residential Total ComMM Non - Residential Double Count Reduction Total Discounted Committed Do% Historical Growth Comm Dev;1 % Growth Growth Volume Used Total Volume Lanes 2-way or Class It Capacity Link Meets Test 1/OpL I? Class I Capacity Link Meets Test 1 /OpL ti? 2 -Way LOS E Capacity Link Meets Test 2/Opt. t? Class I LOS E Capacity Link Meets Test VOpt. II? 41 0 39 24 8 7 8 10 25 67 0 4 63 173 0 10 1 3 0 22 0 95 26 625 95 530 23 602 401 180 780 4,270 61-0 4680 YES 4920 YES 31 0 34 13 4 2 5 5 6 59 0 3 29 22 0 8 1 3 0 4 0 49 11 289 43 246 10 279 24T 389 389 2,536 SLID 25TO YES 2790 YES 2710 YES 2790 YES STATION: 2201 FROM: Ballen Isles TO: Central Blvd COUNT DATE: 202007 PSF: 1 1345 10 0 5 11 4 5 3 5 19 8 0 1 34 151 0 2 0 0 0 18 0 46 14 336 52 284 13 323 155 392 392 1,737 6LD 2570 YES 2790 YES 2710 YES 2790 YES 54 0 38 36 19 6 22 16 32 68 0 10 110 203 0 7 4 2 0 25 0 128 40 820 119 701 29 791 416 975 975 4,590 6LD 4680 YES 4920 YES 1711 20 0 6 18 9 5 10 6 20 10 0 4 60 170 0 1 2 0 0 17 0 59 22 441 62 379 15 426 197 613 513 2,224 6LD 2570 YES 2790 YES 2710 YES 2790 YES 34 0 32 16 10 3 12 8 12 58 0 6 50 33 0 6 2 2 0 8 0 67 1B 379 57 322 14 365 221 463 463 2,381 6LD 2570 YES 2790 YES 2710 YES 2790 YES RES NR NR NR NR RES NR NR RES NR RES NR NR NR RES NR NR NR NR RES NR NR NR 19.0% 100.0% 0.0% 0.0% 0.0% 75.0% 80.0% 80.0% 0.0% 0.0% 100.0% 50.0% 0.0% 10.0% 100.0% 80.0% 90.0% 0.0% 100.0% 0.0% 100.0% 30.0% 0.0% 1 Input Data ROAD NAME: Pga Blvd STATION: 2609 CURRENT YEAR: 2007 FROM: Central Blvd ANALYSIS YEAR: 2012 TO: Military Trall GROWTH RATE: 2.2% COUNT DATE: 2/6!2007 2 PSF: 1 Time Period IBM .a, AM PM Direction 2 NB/EB SB/WB 2-way NBIEB SB/WB Existing Volume 3420 2079 1355 3693 1746 1968 Volume 3420 2079 1355 3693 1746 1968 (Peak Diversion(%) 0.0% 0.0% 0.090 0.0% 0.0% 0.0% Volume After Diversion 3420 2079 1355 3693 1746 1968 Project Type Percent Corr Committed Development Old Palm Golf Club 83 62 21 108 40 68 RES 19.0% Parcel 4.07A 0 0 0 0 0 0 NR 100.0% Northlake Square East 0 0 0 0 0 0 NR 100.0% The Pointe 65 57 8 64 11 53 NR 0.0% Central Park 22 10 12 32 16 16 NR 0.0% Legend At The Gardens 6 3 2 12 6 6 NR 0.0% Parcel 4.0314.06 4 1 3 5 3 2 RES 75.0% Pga Commons (Parcels 2 &3) 12 8 4 33 15 18 NR 80.0% Donald RossVtllage 2 1 1 2 1 1 NR 80.0% Paloma 3 1 2 4 3 1 RES 0.0% Parcel SA 83 73 10 85 12 73 NR 0.0% Parcel 4.078 0 0 0 0 0 0 RES 10010% Parcel 56 11 9 2 27 10 17 NR 50.0% St. Mark's School Expansion 0 0 0 0 0 0 NR 100.0% Palm Beach Community Churd 94 44 50 165 90 75 NR 0.0% Florida Research Park 104 13 91 122 102 20 NR 10.0% Mirasol 0 0 0 0 0 0 RES 100.0% Regional Center Drl 11 9 2 7 1 6 NR 80.0% Legacy Place Commercial 3 2 1 9 4 5 NR 90.0% Northoorp Pod 8 7 1 7 1 6 NR 0.0% Gardens Station East & West 0 0 0 0 0 0 NR 100.0% Southampton 45 37 8 52 17 35 RES 0.0% Cimarron Cove 22 12 10 35 16 19 NR 0.0% Satellite University C Fairway 0 0 0 0 0 0 NR 100.0% Clods Tower Building 0 0 0 0 0 0 NR 100.0% Covenant Church Sfte Redevel 3 3 0 3 0 3 NR 0.0% Abacoa Dri 0 0 0 0 0 0 NR 30.0% Total Committed Developments 580 352 228 772 348 424 Total Comltted Residential 135 101 34 169 63 106 Total Comitted Non - Residential 445 251 194 603 286 318 Double Count Reduction 33 25 8 42 15 26 Total Discounted Committed Devi 547 327 220 730 333 398 Historical Growth 393 239 156 425 201 226 Comm Dev +1% Growth 721 433 289 918 422 498 Growth Volume Used 721 433 289 918 422 498 Total Volume 4,141 2,512 1,644 4,611 2,168 2,466 Lanes 6LD 6LD 6LD 6LD 6LD 6LD 2- wayor.Class II Capacity 4680 2570 2570 4680 2670 2570 Link Meets Test 1 /Opt I? YES YES YES YES YES YES Class I Capacity 2790 2790 2790 2790 Link Meets Test 1/Opt. ii? YES YES YES YES 2 -Way LOS E Capacity 4920 2710 2710 4920 2710 2710 Link Meets Test 210pL I? YES YES YES YES YES YES Class I LOS E Capacity 2790 2790 2790 2790 Link Meets Test 2/Opt. 117 YES YES YES YES Proiect Name: BallenIsles West Out Parcel Project Number: 06 -036 COMPARATIVE ANALYSIS OF IMPACTS BallenIsles West Out Parcel prepared by: EESHAVARZ & ASSOCIATES, INC. 711 North Dixie Highway, Suite 201 West Palm Beach, Florida 33401 phone: (561) 689 -8600 7/ fax: (561) 689 -7476 ALLEN EN, JR, P.E. P.E. # 25503 FEB 0 7 2008 cu Cf UM ON � DMIS Allen T. Green, Jr., P.E. FEB 2 2 2008 Fl. Cert. # 25503 ANG UMM DU Analysis_cover.xls 1 of 1 2/7/2008, 3:04 PM Ballenlsles West Out Parcel Comparative Analysis of Impacts DRAINAGE Feb. 6, 2008 Project * 06 -036 Drainage Provider City of Palm Beach Gardens, South Florida Water Management District (SFWMD), Northam Palm Beach County Improvement District (NPBCID) Drainage Statement The proposed commercial development is located within the previously pennitted JDM Country Club (Ballenlsles), SFWMD Permit No 50- 01923 -S. The Master Stormwater Management System for Ballenlsles provides water quality treatment and stormwater attenuation for this project The proposed project will be designed to be consistent with the land use and site grading assumptions from the design of the Master Stormwater Management System for Ballenlsles. Additional Water Quality Treatment: • Dry Pre- Treatment 0.5 inch over the commerdaYindustrial portions of the site will be provided prior to discharge. (Reference: SFWMD ERP Volume IV, Basis of Review, Section 5. 0.) Legal positive outfall for the project site will occur via discharge into the existing NPBCID owned lake system located along the south property line. Drainage Basin SFWMD C-17, NPBCID Unit of Development No. 11 Nearest Drainage Facility Existing NPBCID lake systems adjacent to the south property line. Existing discharge from the site sheet flows onto the adjacent properties. Effect on LOS The on -site drainage systems will be designed to meet the requirements of the South Florida Water Management District, Northam Palm Beach County Improvement District and the City of Palm Beach Gardens Land Development regulations, and to provide a legal positive outfall meeting the adopted level of service per the ULDC s Section 78 -523. Design storm. The project shall comply with the established Level of Service with no adverse impacts. Current Max Discharge Not applicable. Proposed Max Discharge Not applicable. 711 North Dixie Highway, Suite 201, West Palm Beach, FL 33401 phone:(561) 689 -8600 fax.-(561) 689 -7476 ,8ESIMAVARZ& ASSOCIATES, INC. 711 North Dixie Highway, Suite 200 West Palm Beach, Florida 33401 phone: (561) 689 -8600 fax: (561) 689 -7476 fax: 561- 689 -7476 DRAINAGE BASINS FOR EAST PALM BEACH COUNTY _n. e SNOWN CO. y • +�� DRAINAGE BASINS for EASTERN n.. 'PALM BEACH COUNTY, FL. F11 I Via\ _ • SAS �-18 �I�all� ' 11-18 SITE C -17 BASIN Z C) 0) Q� f W mZ �� o Q O° LL � Z Z � o ly L W U LJ 2� D a z � — U a" ti 0 _n C °ulbQN avp 0'a. � It -2 5 > .i: ss - eas�f-R: �6SSRgR�a: ssa -a -- Z sss�s'i3sr�ssss3s�siissas`sss sss'ssssS�s ss r .. d ,r V n C t JimA • •r3i= staaaaRSaB w �s� �ss�ss`sss�ss`�ss C t l .- �;w _—' aae.tlJ� yaws •�' �.- - _.__J �r1F).YMl..taaL.r=. .ta... 4�.a __-.. •.vt .v. v -.J-.. - ,.':•Vi+a� Kr _ •_ ..,. —Z '�_ — __.. �_ _ �— •3 ,.•.r�_•sa_.kzr.'n'` {...ms`s. � _ ' � ' , - .- -_. �+ ��M___. )711' — + �Y�'A/��• � �. . � _— Ballenlsles West Out Parcel Comparative Analysis of Impacts WATER Feb. 6, 2008 Project # 06 -036 Water Provider Seacoast Utility Authority Nearest Water Facility According to SUA record information, there is an existing 12" water main along the north boundary of the project site. There is also an existing T water main on the east side of Ballenlsles Drive running north/south. Proposed Facilities The water system will include pipe, valves, hydrants, fittings, backtlow prevention devices and meters. The completed system will be sized to meet both domestic and fire demands for the project site. Level of Service Provided: Average Annual Daily.- 191 gallons per day per capita Peak 24 -Hour. 258 gallons per day per capita Storage Capacity: 34.4 gallons per day per capita Pressure: 20 psi minimum at the main at all times 15.48 gallons per minute, average (see attached calculations) Ch anae CASE 1 (111,448 sf) -2149 gallons per day, average DECREASE -1.49 gallons per minute, average DECREASE CASE 11 (222,890 sf) +8996 gallons per day, average INCREASE +6.25 gallons per minute, average INCREASE 711 North Dixie Highway, Suite 201, West Palm Beach, FL 33401 phone:(561) 689 -8600 fax.-(561)689-7476 13,294 gallons per day, average (see attached calculations) Current Demand 9.23 gallons per minute, average (see attached calculations) Proposed Demand CASE I (111,448 sf) 11,145 gallons per day, average (see attached calculations) 7.74 gallons per minute, average (see attached calculations) CASE II (222,890 sf) 22,290 gallons per day, average (see attached calculations) 15.48 gallons per minute, average (see attached calculations) Ch anae CASE 1 (111,448 sf) -2149 gallons per day, average DECREASE -1.49 gallons per minute, average DECREASE CASE 11 (222,890 sf) +8996 gallons per day, average INCREASE +6.25 gallons per minute, average INCREASE 711 North Dixie Highway, Suite 201, West Palm Beach, FL 33401 phone:(561) 689 -8600 fax.-(561)689-7476 KESHAVARZ & ASSOCIATES, INC. 711 North Dixie Highway, Suite 200 West Palm Beach, Florida 33401 phone: (561) 689 -8600 fax: (561) 689 -7476 EXHIBIT BALLENISLES WEST OUT PARCEL WATER GENERATION: EXISTING CONDITIONS CURRENT ZONING: RL 1 CURRENT LAND USE: RESIDENTIAL LOW ON 7.31 ACRES (4 units /acre) Flows based on City of Palm Beach Gardens Division 3, Concurrency Section 78 -75, Table 7: Potable Water Level of Service, Florida Administrative Code Chapter 64E -6 and /or Seacoast Utility Authority established rates. Rate /Ea Subtotal Subtotal Quant. Units (aod) (aod) (anm) EXISTING USES Residential 29 ea 458.40 13,294 9.23 SUMMARY i i j 13,294 j 9.23 X:\2006\06 -036 Ballenlsles Entrance Parcels \06036 Concurrency Calm 2007_11_19.xis 2/7/2008, 3:07 PM KESHAVARZ & ASSOCIATES, INC. 711 North Dixie Highway, Suite 200 West Palm Beach, Florida 33401 phone: (561) 689 -8600 fax: (561) 689 -7476 EXHIBIT GARDENS WEST OUT PARCEL WATER GENERATION: PROPOSED CONDITIONS PROPOSED ZONING: PO PROPOSED LAND USE: PROFESSIONAL OFFICE (PO) ON 7.31 ACRES Flows based on City of Palm Beach Gardens Division 3, Concurrency Section 78 -75, Table 7: Potable Water Level of Service Rate /Ea Subtotal Subtotal Ouant. Units (andl (nnd) (nnm) PROPOSED USES Commercial CASE 1 111,448 sf 0.10 11,145 7.74 CASE II 222,890 sf 0.10 22,290 15.48 SUMMARY CASE I 11,145 7.74 SUMMARY CASE II 22,290 15.48 LEVEL OF SERVICE RATES Average Annual Daily 191 gpd /cap Peak 24 -Hour 258 gpd /cap Storage Capacity 34.4 gpd /cap Pressure 20 si main Min. Water Treatment Cap 258 gpd /cap UTILITY PROVIDER: Seacoast Utility Authority contact: Dee Giles, ext. 305 Rates based on SUA criteria Commercial rates based on 0.1 gallons per square foot X:\2006 \06 -036 Ballenlsles Entrance Parcels \06036 Concurrency Calcs 2007_11_19.xis 2/7/2008, 3:08 PM Ballenlsles West Out Parcel Comparative Analysis of Impacts WASTEWATER Feb. 6, 2008 Project * 06 -036 Sewer Providers Seacoast Utility Authority (gravity sewer / force main system), PGA Wastewater Treatment Plant (treatment) Nearest Sewer Facility There is an existing manhole located on the east boundary of the project site on the west side of the existing Ballenlsles Drive right of way. This is the point of service for the existing site. Proposed Facilities It is anticipated that development of this site will include the installation of a network of gravity sewer mains and laterals to connect to the proposed professional office building. The completed system will be sized to meet the domestic demands of the project site. Level of Service Provided (107 gallons per day per capita) Existing Wastewater Treatment Plant permitted capacity = 12 mgd, Max. Monthly Average day (over last 12 months) = 8.13 mgd Max. 3 - Month Daily Average (period, Jan — Mar 06) = 8.45 mgd Current Demand 7,447.2 gallons per day, average (see attached calculations) 5.17 gallons per minute, average (see attached calculations) Proposed Demand CASE I (111,448 sf) 11,145 gallons per day, average (see attached calculations) 7.74 gallons per minute, average (see attached calculations) CASE 11 (222,890 sf) 22,290 gallons per day, average (see attached calculations) 15.48 gallons per minute, average (see attached calculations) Chance CASE I (111,448 sf) +3697.8 gallons per day, average INCREASE +2.57 gallons per minute, average INCREASE CASE 11 (222,890 sf) +14,842.8 gallons per day, average INCREASE +10.31 gallons per minute, average INCREASE 711 North Dixie Highway, Suite 201, West Palm Beach, FL 33401 phone:(561) 689 -8600 fax.-(561) 689 -7476 KESIIA VARZ & ASSOCIATES, INC. 711 North Dixie Highway, Suite 200 West Palm Beach, Florida 33401 phone: (561) 689 -8600 fax: (561) 689 -7476 EXHIBIT BALLENISLES WEST OUT PARCEL WASTEWATER GENERATION: EXISTING CONDITIONS CURRENT ZONING: RL 1 CURRENT LAND USE: RESIDENTIAL LOW (RL) ON 7.31 ACRES (4 units /acre) Flows based on City of Palm Beach Gardens Division 3, Concurrency Section 78 -75, Table 7: Potable Water Level of Service, Florida Administrative Code Chapter 64E -6 and /or Seacoast Utility Authority established rates. Rate /Ea Subtotal Subtotal Quant. Units (and) (and) (anm) EXISTING USES Residential 29 ea 257.00 7,447.2 5.17 SUMMARY 7,447.2 5.17 X:12006106 -036 Ballenisles Entrance Parcels106036 Concurrency Gales 2007_11_19.xls 2/7/2008, 3:15 PM KESHAVARZ & ASSOCIATES, INC. 711 North Dixie Highway, Suite 200 West Palm Beach, Florida 33401 phone: (561) 689 -8600 fax: (561) 689 -7476 EXHIBIT BALLENISLES WEST OUT PARCEL WASTEWATER GENERATION: PROPOSED CONDITIONS PROPOSED ZONING: PO PROPOSED LAND USE: PROFESSIONAL OFFICE (PO) ON 7.31 ACRES Flows based on City of Palm Beach Gardens Division 3, Concurrency Section 78 -75, Table 5: Sanitary Sewer Level of Service Rate /Ea Subtotal Subtotal Quant. Units (and) (and) (anm) PROPOSED USES Commercial CASE 1 111,448 sf 0.10 11,145 7.74 CASE II 222,890 sf 0.10 22,290 15.48 SUMMARY CASE I 11,145 7.74 SUMMARY CASE 11 22,290 15.48 LEVEL OF SERVICE RATES Average Annual Daily 107 gpd /cap Peak 24 -Hour 118 gpd /cap UTILITY PROVIDER: Seacoast Utility Authority contact: Dee Giles, ext. 305 Rates based on SUA criteria Commercial rates based on 0.1 gallons per square foot X:\2006 \06 -036 Ballenlsles Entrance Parcels106036 Concurrency Calcs 2007_11_19.xls 2/7/2008, 3:08 PM Ballenlsles West Out Parcel Comparative Analysis of Impacts SOLID WASTE Service Provider Nearest Solid Waste Facility Level of Service Current Demand Proposed Demand CASE I (111,448 sf) CASE II (222,890 sf) Chancae CASE 1 (111,448 sf) CASE II (222,890 sf) Feb. 6, 2008 Project # 06 -036 City of Palm Beach Gardens (hauler), Palm Beach County Solid Waste Authority (disposal site) Palm Beach County Solid Waste Authority located on N Jog Road, south of State Road 710, approximately 5.5 miles southeast of the project site. City trucks and County disposal system shall accommodate 7.03 pounds of garbage, and 1.18 Ibs of yard debris per capita per day. 489 Ibs of garbage and 82 Ibs of yard debris per day (see attached calculations) 1, 679.35 Ibs of garbage and 0 Ibs of yard debris per day (see attached calculations) 3,358.71 Ibs of garbage and 0 Ibs of yard debris per day (see attached calculations) +1190.35 Ibs of garbage per day INCREASE -82 Ibs of yard debris per day REDUCTION +2869.71 Ibs of garbage per day INCREASE -82 Ibs of yard debris per day REDUCTION 711 North Dixie Highway, Suite 201, West Palm Beach, FL 33407 phone:(561) 689 -8600 fax.-(561) 689 -7476 KESHAVARZ & ASSOCIATES, INC. 711 North Dixie Highway, Suite 200 West Palm Beach, Florida 33401 phone: (561) 689 -8600 fax: (561) 689 -7476 EXHIBIT BALLENISLES WEST OUT PARCEL SOLID WASTE GENERATION: EXISTING CONDITIONS CURRENT ZONING: RL 1 CURRENT LAND USE: RESIDENTIAL LOW (RL) ON 7.31 ACRES Flows based on City of Palm Beach Gardens Division 3, Concurrency Section 78 -75, Table 6: Solid Waste Level of Service & Solid Waste Authority Commercial Waste Generation Schedule Daily Rate Total Quant. Units Ibs /100sf /dav Persons Total Total Garbage Yard Debris (Ibs /dav) (lbs /dav) Total EXISTING USES Residential 29 ea 489 69.6 489 82 571 SUMMARY TOTAL I I I 1 1 4891 821 571 LEVEL OF SERVICE Garbage 7.03lbs /day /person Yard Debris 1.18 Ibs /day /person UTILITY PROVIDER: Palm Beach County Solid Waste contact: Marc C. Bruner, Ph.D. Director of Planning and Environmental Programs Rates based on PBG Concurrency Regs For comparison purposes, the average waste generation of all medium users was used for both commercial and industrial waste. X:\2006W6 -036 Ballenisles Entrance Parcels\06036 Concurrency Calcs 2007_11_19.x1s 2!7/2008, 3:08 PM KESHA VARZ & ASSOCIATES, INC. 711 North Dixie Highway, Suite 200 West Palm Beach, Florida 33401 phone: (561) 689 -8600 fax: (561) 689 -7476 EXHIBIT BALLENISLES WEST OUT PARCEL SOLID WASTE GENERATION: PROPOSED CONDITIONS PROPOSED ZONING: PO PROPOSED LAND USE: PROFESSIONAL OFFICE (PO) ON 7.31 ACRES Flows based on City of Palm Beach Gardens Division 3, Concurrency Section 78 -75, Table 6: Solid Waste Level of Service & Solid Waste Authority Commercial Waste Generation Schedule Total Daily Rate Total Garbage Quant. Units Ibs 1100sf /dav Persons (Ibs /dav) PROPOSED USES Commercial CASE 1 111,448 sf 5.5 1,679.35 CASE II 222,890 sf 5.5 3,358.71 SUMMARY CASE 1 SUMMARY CASE II 3,358.71 LEVEL OF SERVICE Garbage sq.ft. /365 days x 5.5 lbs. UTILITY PROVIDER: Palm Beach County Solid Waste contact: Marc C. Bruner, Ph.D. Director of Planning and Environmental Programs Rates based on PBG Concurrency Regs X:\2006 \06-036 Ballenlsles Entrance Parcels \06036 Concurrency Calcs 2007_11_19.xls 2/7/2008, 3:08 PM BALLENISLES COMMUNITY ASSOCIATION, INC. 303 Ballenlsles Drive Palm Beach Gardens, FL 33418 Telephone (561) 625 -5724 Facsimile (561) 625 -2621 E -mail: bice(albica.cc Website: www.ballenisicscommuni y.com January 15, 2009 Mayor Eric Jablin City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Dear Mayor Jablin: BOARD OF DIRECTORS David Paulson - President George Wicker -Vice President Michelle Cassanet6- Secretary George Victor - Treasurer Gerald Pollack - Parliamentarian Norman Greenberg- Director Roma Josephs - Director I, on behalf of the BICA Board, am writing to you again regarding the position of the residents of Ballenlsles and the Board of the Ballenlsles Community Association (BICA) regarding Petition No. CPSS- 07 -08- 000001, an application by E.W. Outparcels, LLC, requesting a Future Land Use Plan (FLUP) amendment on the 7.31 acre parcel located on the west side of the Ballenlsles PGA Blvd. entrance (hereafter referred to as the NW Parcel). As you are aware, Mr. John Bills and Mr. John Tiffany, representing E.W. Outparcels, LLC, will be going before the Planning, Zoning and Appeals Board (PZAB) on January 27r" to request a FLUP change from RL- Residential Low to PO- Professional Office. This application was to have been reviewed by the PZAB in August of 2008 but the request was postponed, in part due to a city staff recommendation of denial and in part because the city council had received over 400 letters from citizens of Ballenlsles requesting that the FLUP change be denied. Enclosed find a copy of the disk containing copies of these letters previously submitted. I wrote to you on July 21, 2008, in this same regard (see attached). The residents of Ballenlsles and the Board of BICA have maintained their position against the request and are again asking that the application for the FLUP change be denied. Our position is defined below. It is not the intention of the residents, or the BICA Board to prevent Mr. Bills from developing his property. There are, however, serious concerns regarding a change in the Land Use Designation that we feel place undue hardship and financial costs on the community and which we would like to have addressed. In advance of and following the August postponement of the FLUP application, there have been a series of conversations that have taken place between representatives of the Ballenlsles Community Association and Mr. Bills and Mr. Tiffany to determine if a common ground existed that would permit BICA and the residents of Ballenlsles to support such a change. Although a productive dialogue was established, the points of concern have yet to be addressed satisfactorily by the applicants. (1) No specific commitment regarding the use sought for the NW Parcel has been provided, (2) No specific restrictions on the intensity of the development and the associated potential traffic impacts have been provided, (3) No commitments with regard to an acceptable traffic circulation pattern for ingress and egress or the associated impacts to the entrance of the Ballenlsles community, (4) No commitments with regard to addressing the costs associated with the roadway modifications required at the entrance and to the adjacent landscaping into the community. Compounding the impacts of the development of the NW parcel is the development of the NE parcel which is projected to generate 975 additional trips daily, doubling the traffic on Ballenlsles Drive between the PGA gatehouse and PGA Boulevard. We have not been able to agree on how the additional trips and turning movements into and out of the NE Parcel, together with the traffic volume to be generated by an as yet unknown commercial building(s) on the NW parcel, can be mitigated. No offer has been made by the developers to take responsibility to mitigate the impact of the increased vehicular traffic on Ballenlsles Drive and to provide safe entrance and egress both for Ballenisles residents and commercial users of the properties. The discussions to date would place the financial burden of the mitigation on the residents of Ballenlsles. In the absence of any resolution of the issues identified above, Ballenlsles strongly opposes any alteration of the FLOP which would permit a change from the current FLUP designation of Residential - Low. BICA and the residents do not support this request for an unrestricted FLUP change as it does not provide any specificity of the planned development and does not address the adverse impact on residential values and resident safety resulting from traffic, access, circulation, and landscaping issues. BICA and the residents of Ballenlsles are willing to enter into productive discussions that would address the issues identified above and which agreements could then be codified through the appropriate zoning processes. This would provide the residents with secure understanding of the nature of the development to be placed on the property, knowledge of the volume of additional traffic to be placed on the Northern entrance, assurance that the architectural integrity of the entrance would be maintained, and assurance that the cost of any alterations at the entrance to mitigate the impact of the increased vehicular traffic and enhance safety for all users would be+ornt by-the developers. The BICA Board, representing the position of our BICA members, believe that the residents of Ballenlsles, the developers and the City of Palm Beach Gardens would be best served by resolution of these issues, and that changing the FLUP designation of the NW Parcel should be denied until such resolution can be achieved. I the respect, s , MD President, Ballenlsles Community Association Cc: Vice -Mayor David J. Levy Councilperson Joe Russo Councilperson Jody Barnett Councilperson Bert Premuroso Ron Ferris, City Manager Kara Irwin, Growth Management Director Steven Mayer, Senior Planner Planning, Zoning and Appeals Board: Craig Kunkle, Chairman Douglas Pennell, Vice Chairman Barry Present Randolph Hansen Michael Panczak Joy Hecht Amir Kanel Donald Krzan Joanne Koerner Commissioner Karen Marcus 301 West Olive Avenue West Palm Beach, FL 33401 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 BALLENISLES CONUAUNITY ASSOCIATION, INC. 303 Ballenlsles Drive Palm Beach Gardens, FL 33418 Telephone (561) 625 -5724 Facsimile (561) 625 -2621 E -mail: bicaftica.cc Website: www.ballenislescommunity.com July 21, 2008 Mayor Eric Jablin City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Dear Mayorlablin: BOARD OF DIRECTORS David Paulson- President George Wicker -Vice President Michelle Cassanetti- Secretary George Victor- Treasurer Gerald Pollack - Parliamentarian Norman Greenberg- Director Roma Josephs- Director I am writing to you regarding two issues that relate to the property located south of PGA Boulevard and west of Ballenlsles Drive at the PGA Boulevard entrance of Ballenlsles (hereafter referred to as the NW out- .arcel). It has come to the attention of the Ballenlsles Community Association (RICA) and its citizen meXers that the property owner, E.W. Outparcels, LLC, John C. Bills, manager, seeks to change the underlying Future Land Use Plan (FLUP) designation of the NW Out - parcel from RL- Residential Low to PO- Professional Office. The Ballenlsles Community Association (BICA), representing the interests of the residents of Ballenlsles, strongly opposes the change of the underlying land use of this property to PO- Professional Office. It is our understanding that the proposed FLUP modification request is a pre- requisite to a rezoning and PUD application which has not yet been submitted. If the request for the FLUP amendment is approved, it will lay the groundwork for the PUD which would allow for commercial office development. Professional office development would not be in keeping with the adjacent residential community of Ballenlsles. The current BICA Board has not been consulted with respect to the nature of any proposed development, which increases our concern as we are unable to assess the full impact of such a change on our community. At this point in time Ballenlsles strongly opposes any change which would allow commercial development of this NW parcel. We are concerned that change in land use on the NW parcel would increase the traffic impacts to Ballenlsles Drive and to the intersection at the entrance to the community. We are also concerned that the additional traffic will cause confusion and safety issues for residents, guests and vendors. Our concern extends to include the general public with regard to the increase in trips on PGA Boulevard. The CRALLS designation on PGA Boulevard already allows additional traffic on the roadway. In our opinion, the proposed FLUP change will allow additional trips which will unduly increase the already over capacity roadway. In addition, should the increase in traffic impacts require construction of turn lanes, as we suspect they might, we anticipate that there will be significant impacts to the Ballenlsles entrance features and landscaping. Expansion of the intersection to accommodate additional lanes should be carefully considered due to the impact that will be felt by the Ballenlsles residents. BICA is also aware that the property owner is currently in process with an application for permits from the Northern Palm Beach County Improvement District and the city, for approval of curb -cut construction permits for both the east and west sides of Ballenlsles Drive. BICA strongly opposes such permits being issued at this time for the following reasons. First, until such time as a plan of development has been approved for the property, the location of the curb cut could vary. The location of the curb cuts, when approved, should be carefully coordinated and located to take into consideration the impact on the landscaping and structures along the roadway as well as the impact on the median and the traffic circulation at the entrance to the community. As the nature of the development to be placed on either the NW or the NE out - parcels has yet to be determined, no rationale exists for placement of such curb cuts at this time except to disrupt the current entrance to Ballenlsles Drive, such disruption further agitating and angering the citizens of our community. Second, when development eventually occurs on either of these two parcels, it will require a more imaginative solution to ingress and egress in order to allow traffic to flow safely into and out of Ballenlsles, and into and out of these proposed developments. Ballenlsles requests that the permits for curb cuts be denied until such time as the issues can be fully explored with the property owner. If the property owner, as they have indicated, needs to gain access to the properties to allow for maintenance of the sites, BICA is willing to discuss accommodating that access in away that will not disrupt the Ballenlsles entrance. We ask that you and the City Council give consideration to our concerns regarding the safety and benefits to all parties in your deliberations. q Res , es' munity Association by David F Paulson, MD President Cc: Vice -Mayor David J. Levy Councilman Joe Russo Councilwoman Jody Barnett Councilman Bert Premuroso Ron Ferris, City Manager Kara Irwin, Growth Management Director Steven Mayer, Senior Planner Planning, Zoning and Appeals Board: Randolph Hansen Joy Hecht Amir Kanel Craig Kunkle Michael Panczak C. Douglas Pennell Barry Present Dennis Salomon Donald Krzan Commissioner Karen Marcus 301 West Olive Avenue West Palm Beach, FL 33401 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 1 ORDINANCE 4, 2010 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA ADOPTING A SMALL -SCALE 6 AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN 7 ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 8 163, FLORIDA STATUTES, SPECIFICALLY SECTION 9 163.3187(1)(c), ET SEQ., FLORIDA STATUTES, WHICH PROVIDES 10 FOR AN AMENDMENT TO THE CITY'S FUTURE LAND USE MAP 11 DESIGNATING ONE (1) PARCEL OF REAL PROPERTY 12 COMPRISING APPROXIMATELY 7.31 ACRES, MORE OR LESS, IN 13 SIZE AS "(PO) PROFESSIONAL OFFICE "; SUCH PARCEL OF 14 LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE 15 INTERSECTION OF PGA BOULEVARD AND BALLENISLES DRIVE, 16 INFORMALLY KNOWN AS " BALLENISLES WEST OUTPARCEL "; 17 PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF 18 CHAPTER 163, FLORIDA STATUTES; PROVIDING A CONFLICTS 19 CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN 20 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 21 22 23 WHEREAS, the City of Palm Beach Gardens has received an application from 24 E.W. Outparcels, LLC, owner of the subject property, for a small -scale amendment to 25 the Comprehensive Development Plan Future Land Use map to change the future land 26 use designation of the Ballenlsles West Outparcel to Professional Office (PO), in 27 accordance with Exhibit "A" attached hereto and incorporated herein; and 28 29 WHEREAS, the City recognizes that providing this parcel of real property a Land 30 Use Designation of Professional Office will provide the most appropriate land use 31 designation for the site; and 32 33 WHEREAS, on January 27, 2009, the Planning, Zoning, and Appeals Board, 34 sitting as the duly constituted Local Planning Agency for the City, recommended 35 approval of the proposed amendment to Future Land Use Map; and 36 37 WHEREAS, the City Council finds that the subject amendment is consistent with 38 the City's Comprehensive Plan; and 39 40 WHEREAS, the City Council finds that the subject amendment is consistent with 41 Sections 163.3184 and 163.3187, Florida Statutes; and 42 43 WHEREAS, the City Council acknowledges that this amendment is subject to the 44 provisions of Sections 163.3184(9) and 163.3189, Florida Statutes, and that the City 45 shall maintain compliance with all provisions thereof; and 46 Ordinance 4, 2010 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 deems approval of this Resolution to be in the best 6 interests of the health, safety, and welfare of the residents and citizens of the City of 7 Palm Beach Gardens and the public at large. 8 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 11 OF PALM BEACH GARDENS, FLORIDA that: 12 13 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 14 15 SECTION 2. The Future Land Use Map of the City's Comprehensive Plan is 16 hereby amended in accordance with Exhibit "A ", such that the parcel of real property 17 located at the southwest corner of the intersection of PGA Boulevard and Ballenlsles 18 Drive, informally known as " Ballenlsles West Outparcel" shall now have the future land use 19 designation of Professional Office (PO) for the following described real property: 20 21 See Exhibit "B ", attached hereto and incorporated herein. 22 23 SECTION 3. This amendment shall provide for a development intensity restriction 24 for the subject property by annotating the City's Future Land Use Map with the following 25 notation: The maximum intensity is limited to no more than 95,000 square feet of 26 general office, or the equivalent number of net trips. 27 28 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 29 hereby repealed. 30 31 SECTION 5. Should any section or provision of this Ordinance or any portion 32 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 33 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 34 35 SECTION 6. The City's Growth Management Administrator is hereby directed to 36 transmit the proposed Comprehensive Plan Amendment to the Department of 37 Community Affairs of the State of Florida and other appropriate public agencies, and 38 upon adoption of this Ordinance is further directed to ensure that this Ordinance and all 39 other necessary documents are forwarded to the Florida Department of Community Affairs 40 and other agencies in accordance with Section 163.3184(3), Florida Statutes. 41 42 SECTION 7. This amendment shall become effective thirty -one days after 43 adoption. If this amendment is challenged within thirty days after adoption, it shall not 44 become effective until the state land planning agency or the Administration 45 Commission, respectively, issues a final order determining the adopted small -scale 46 development amendment is in compliance. 1 PASSED this day of 2 3 PASSED AND ADOPTED this _ 4 second and final reading. 5 6 7 CITY OF PALM BEACH GARDENS 8 9 10 BY: 11 Joseph R. Russo, Mayor 12 13 _ 14 David Levy, Vice Mayor 15 16 _ 17 Eric Jablin, Councilmember 18 19 20 Jody Barnett, Councilmember 21 22 23 Robert G. Premuroso, Councilmember 24 25 26 ATTEST: 27 28 29 BY: 30 Patricia Snider, CMC, City Clerk 31 32 33 APPROVED AS TO FORM AND 34 LEGAL SUFFICIENCY 35 36 37 BY: 38 R. Max Lohman, City Attorney 39 40 41 42 43 44 45 46 Ordinance 4, 2010 , 2010, upon first reading. day of , 2010, upon FOR AGAINST ABSENT 47 G Aattorney_share \ORDINANCES\2010 \Ordinance 4 2010- ballenisles outparcel.docx 3 Ordinance 4, 2010 EXHIBIT "A" CL W D o s Z Q J W F- LL w U) O a O w CL NHJ S.Vaiaolzi I W4 z W J N O u x U N W s U f0 li Y j F W ✓� m � � a G O a a R > n ¢ z a � :J r• o�= a a a N rc K O O 1 1 g u di O LL O 01 J W as � W x Z ti O O W Z w LL J W a I j O C3O Q W N 0 O o 0 O i 2w Q EO I J� N W � ca � o Z _o Q (a U- -J(3 - W � U � O co U LL E U � � O n. m a �- 0 a�E � Ud EXHIBIT "B" LEGAL DESCRIPTION: PARCEL 13.01 (WEST PARCEL) Ordinance 4, 2010 A PARCEL OF LAND SITUATE IN SECTION 11, TOWNSHIP 42 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTH BY THE SOUTH RIGHT -OF -WAY LINE OF PGA BOULEVARD AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP, SECTION 93471 -2301 AND BY THE RIGHT -OF -WAY TAKEN BY THE FLORIDA STATE TURNPIKE AUTHORITY PURSUANT TO THE FINAL JUDGMENT RECORDED IN MINUTES OF THE CIRCUIT COURT BOOK 70, PAGE 352; BOUNDED ON THE EAST BY THE WEST LINE OF TRACT ER -1, AS SHOWN ON PLAT ONE OF HANSEN -JDM, ACCORDING TO THE PLAT THEREOF AS THE NORTH LINE OF TRACTS GC -1, GC -2, AND W -1, AS SHOWN ON SAID PLAT ONE OF HANSEN -JDM; AND BOUNDED ON THE WEST BY THE EAST RIGHT -OF -WAY LINE OF FLORIDA'S TURNPIKE. LESS AND EXCEPT THAT PORTION THEREOF CONVEYED TO NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT BY THE RIGHT -OF -WAY DEED RECORDED IN OFFICIAL RECORDS BOOK 7819, PAGE 1433, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND LESS AND EXCEPT THAT PORTION THEREOF CONVEYED TO MACARTHUR HOLDING A, INC. BY THE QUIT -CLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 11367, PAGE 35, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. COMPRISING 7.31 ACRES, MORE OR LESS. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 21, 2010 Ordinance: 2, 2010 Subject/Agenda Item: Ordinance 2, 2010, amending the City of Palm Beach Gardens Police Officers' Retirement Trust Fund [X] Recommendation to APPROVE [ ] Recommendation to DENY Re .e Originating Dept.: Costs: $ -0- Council Action: 7/Finan a (Total) rney [ ]Approved $ -0- [ ]Approved w/ Current FY conditions [ ] Denied Finance Administrator Funding Source: I ] Continued to: Advertised: Attachments: [ ] Operating [ ] Other • Ordinance 2, 2010 [X] Not Required • Summary of Plan N/A changes • Actuarial impact statement Submitted by: d4��2,, Department Director Affected parties [ X ] Notified Budget Acct. #: N/A Approved by: [ ] Not required City Manager Meeting Date: January 21, 2010 Ordinance: 2, 2010 BACKGROUND: In order to incorporate revisions to the federal law for the federal Heroes Earnings Assistance and Relief Tax Act of 2008 ( "HEART ") and changes to the state law enacted by Chapter 2009 -97 (CS /SB538), the Police Officers' Retirement Trust Fund is requesting certain amendments to their plan. These proposed plan changes are summarized as follows: 1. Section 50 -61 Definitions has been modified as follows: a. Credited Service has been modified to comply with state law regarding service for members who are absent on intervening military service and the new federal requirements to provide service for members who die or become disabled while on active military service pursuant to HEART. b. Police Officer has been modified to include supervisor and command personnel pursuant to F.S. 185.02(11). c. Salary has been modified to include differential wages for active duty military service pursuant to HEART. 2. Section 50 -82 Composition has been modified to allow the expansion of trustee terms from two to four years, pursuant to F.S. 185.05(1) (a). 3. Section 50 -87 Powers has been modified to expand the powers of the Board regarding investments and to incorporate divestiture from "scrutinized companies" pursuant to F.S. 185.06(7). 4. Section 50 -91 Amendment to or replacement of plan has been modified to comply with F.S. 185.37 regarding termination of the pension plan. 5. Section 50 -114 Beneficiaries has been modified to allow retirees to make up to two beneficiary changes after benefits commence, pursuant to F.S. 185.05(6). 6. Section 50 -118 Disability retirement has been modified to make an exception to the disability exclusions for individuals injured while on active duty pursuant to HEART. 7. Section 50 -121 Optional forms of benefits has been modified to allow retirees to make up to two beneficiary changes after benefits commence, pursuant to F.S. 185.05(6). 8. Section 50 -124 Rights and benefits not subject to legal process has been modified to allow for payments to third parties for insurance premiums at the request of retirees pursuant to F.S. 185.05(6). 9. Section 50 -127 Prior police officer service has been modified to provide that purchase service does not count for vesting. 10.Section 50 -152 Amounts payable upon election to participate has been modified to correct cross reference within the Plan. These proposed amendments have been reviewed by Mr. J. Stephen Palmquist, ASA of the actuarial firm Gabriel Roeder Smith & Company. In his opinion letter dated November 16, 2009 (copy attached), Mr. Palmquist states that the amendments will have no actuarial impact on the Plan. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 2, 2010 on first reading. THE LAW OFFICES OF PERRY &JENSEN, LLC ANN H. PERRY aperry@perryjensenlaw.com November 3, 2009 Via Email Transmission Alan Owens, Finance Director Finance Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 -4698 Dear Mr. Owens: BONNI SPATARA JENSEN bsjensen @perryjensenlaw.com Re: Palm Beach Gardens Police Officers' Retirement Trust Fund Pension Plan Amendment Our File Number 0003.0050 On behalf of the Board of Trustees of the Palm Beach Gardens Police Officers' Retirement Trust Fund, enclosed is an amendment to the Pension Plan. The amendment incorporates revisions to the federal law for the federal Heroes Earnings Assistance and Relief Tax Act of 2008 ( "HEART ") and changes to the state law enacted by Chapter 2009- 97 (CS /SB538). In anticipation of our meeting on November 9th, enclosed is the proposed amendment. Below is a summary of the amendment. Section 50 -61 Definitions has been modified as follows: i. Definition of Credited Service has been modified to incorporate the state law provisions regarding credited service for members who are absent on intervening military service and the new federal requirements to provide service for members who die or become disabled while on active duty military service pursuant to HEART. Additionally, language has been added to ensure that members who are absent on workers' compensation shall receive credited service while out on approved leave. ii. Definition of Police Officer has been modified to include supervisor and command personnel pursuant to Florida Statutes §185.02(11). 400 EXECUTIVE CENTER DRIVE, SUITE 207. WEST PALM BEACH, FLORIDA 33401 -2922 PH: 561.686.6550: Fx: 561.686.2802 Alan Owens, Finance Director Palm Beach Gardens Police Officers' Retirement Trust Fund November 3, 2009 Page - 2 - iii. Definition of Salary has been modified to include differential wages for active duty military service pursuant to HEART. 2. Section 50 -82 Composition has been modified to allow the expansion of the trustee terms from two years to four years pursuant to Florida Statutes §185.05(1)(a). The four year terms are effective for prospective terms. 3. Section 50 -87 Powers has been modified to expand the powers of the Board regarding investments. The changes also incorporates divesture from "scrutinized companies" pursuant to Florida Statutes and §185.06(7). 4. Section 50 -91 Amendment to or replacement of plan has been modified to comply with §185.37 providing for termination of the pension plan. 5. Section 50 -114 Beneficiaries has been modified to allow retirees to make up to 2 beneficiary changes after retirement benefits commence, pursuant to Florida Statutes §185.05(6). 6. Section 50 -118 Disability retirement has been modified to make an exception to the disability exclusions for individuals injured while on active duty pursuant to HEART. 7. Section 50 -121 Optional forms of benefits has been modified to allow retirees to make up to 2 beneficiary changes after retirement benefits commence, pursuant to Florida Statutes §185.05(6). 8. Section 50 -124 Rights and benefits notsubjectto legal process has been modified to allow for payments to third parties for insurance premiums at the request of retirees pursuant to Florida Statutes §185.05(6). 9. Section 50 -127 Prior police officer service has been modified to provide that purchase service does not count for vesting. 10. Section 50 -152 Amounts payable upon election to participate has been modified to correct cross reference within the Plan. I have provided this amendment to the actuary for an impact statement. I do not expect that there will be a cost. Alan Owens, Finance Director Palm Beach Gardens Police Officers' Retirement Trust Fund November 3, 2009 Page -3- If you have any questions regarding this or any other matter, please do not hesitate to contact my office. Si rely yours, Bonni S. Jens BSJ1adt Enclosure ECopy to: Board of Trustees HAPBG 0003 \City of PBG \Finance Director\Cvr Propsd Ord Amd 2009.wpd Gabriel Roeder Smith 8L Company One East Broward Blvd. 954.527.1616 phone GRS Consultants & Actuaries Suite 505 954.525.0083 fax Ft. Lauderdale, FL 33301 -1827 www.gabrielroeder.com November 16, 2009 Ms. Audrey Ross Resource Centers, LLC 4360 Northlake Blvd., Suite 206 Palm Beach Gardens, FL 33410 Re: City of Palm Beach Gardens Police Officers' Retirement Trust Fund Dear Audrey: We have reviewed the proposed ordinance amending the City of Palm Beach Gardens Police Officers' Retirement System drafted by Bonni Jensen dated October 30, 2009. This ordinance would amend the Plan as follows: • Allows members to receive credited service for an approved leave of absence as a result of occupational injury or disease and for time served in the military. • Adds a reference to USERRA for qualified military service. • Modifies the definition of police officer to comply with Florida Statutes. • Modifies the definition of salary to include amounts paid by the City as differential wages to members who are absent from employment for time served in the military. • Extends the maximum term for trustees from two to four years. • Requires identification and divestiture of scrutinized companies. • Increases the maximum allocation of the fund's assets in foreign securities from 10% to 25 %. • Allows members to become 100% vested upon termination of the Plan. • Permits retirees to change beneficiary up to two times without providing proof of good health or proving that beneficiary being removed is still alive; the cost for such a change shall be borne by the retiree. • Adds sections relating to domestic relation orders and retiree directed payments. • Modifies the prior service buyback provisions to exclude prior service purchased for vesting purposes. In our opinion, this amendment will have no actuarial impact on the Plan. Under USERRA, an employee who returns to service with the City after serving in the United States Armed Forces would have certain rights regarding the reinstatement of prior service with the City. Additionally, in the event a member dies while performing USERRA qualified military service the beneficiaries are entitled to any benefits as if the member had resumed employment and then died while employed. However, the probability that this provision will be utilized is low. Also, the changes related to procedures under a plan termination would not have an effect since it is assumed that the Plan will be ongoing when funding requirements are determined. Given the nature of these changes, we do not feel that an estimate for advanced funding is necessary. Ms. Audrey Ross November 16, 2009 Page 2 of 2 Although there is no actuarial impact, this letter should be sent to the Division of Retirement before the final public hearing on the ordinance. We welcome your questions and comments. Sincerely yours, ?I;ztL— I&,-,- J. Stephen Palmquist, ASA Senior Consultant and Actuary JSP /ma cc: Bonni Jensen Gabriel Roeder Smith & Company 1 ORDINANCE 2, 2010 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 50. POLICE. 6 OF THE CITY OF PALM BEACH GARDENS CODE OF 7 ORDINANCES AT SECTION 50 -61. DEFNITIONS. BY REPEALING 8 THE DEFINITIONS OF "CREDITED SERVICE ", "POLICE 9 OFFICER", AND "SALARY" AND READOPTING SAME, AS 10 REVISED; FURTHER AMENDING CHAPTER 50 BY REPEALING 11 SECTIONS 50 -82, 50 -90, 50 -124 AND 50 -127 AND SUBSECTIONS 12 50- 114(e), 50- 118(d), 50- 120(b) AND 50- 152(d) IN ORDER TO 13 ADOPT PROVISIONS OF THE HEROES EARNINGS ASSISTANCE 14 AND RELIEF TAX ACT OF 2008 INTO THE POLICE PENSION 15 TRUST FUND REGULATIONS AND FOR CONSISTENCY WITH 16 CHAPTER 185, FLORIDA STATUTES; PROVIDING THAT EACH 17 AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 18 50. POLICE. SHALL REMAIN IN FULL FORCE AND EFFECT AS 19 PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A 20 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 21 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 22 23 WHEREAS, the Heroes Earnings Assistance and Relief Tax Act of 2008 24 ( "HEART ")(H.R. 6081; P.L. 110 -245) was passed into the federal law and permits 25 qualified pension plans, such as the Palm Beach Gardens Police Officers' Retirement 26 Trust Fund (the "Fund "), to provide certain benefits to members of the Fund who are 27 absent from employment when such absence is due to active duty military service; and 28 29 WHEREAS, such qualified plans are required to adopt certain provisions of 30 HEART; and 31 32 WHEREAS, the State of Florida enacted into law Chapter 2009 -97 which made 33 significant changes to Chapter 185, Florida Statutes, requiring the Fund to be amended 34 accordingly; and 35 36 WHEREAS, the Board of Trustees of the Fund has determined that it is in the 37 best interest of the participants and beneficiaries of the Fund to make the necessary 38 amendments to the regulations governing the Fund; and 39 40 WHEREAS, the City Council of the City of Palm Beach Gardens, Florida desires 41 to revise its Police Officers' Pension Ordinance in order to implement these 42 amendments; and 43 44 WHEREAS, the City Council deems approval of this Ordinance to be in the best 45 interests of the health, safety, and welfare of the residents and citizens of the City of 46 Palm Beach Gardens and the public at large. Ordinance 2, 2010 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. Chapter 50. Police. of the Code of Ordinances of the City Palm 5 Beach Gardens, Florida is hereby amended at Section 50 -61. Definitions. by repealing 6 the definitions of "Credited service ", "Police officer ", and "Salary" and readopting same, 7 as revised, which shall all be placed in alphabetical order in the list of definitions; 8 providing that "Credited service ", "Police officer ", and "Salary" shall hereafter be defined 9 and read as follows: 10 11 Credited service means the number of full years (and fraction thereof) of 12 continuous service from date of employment to date of termination. Continuous service 13 with the employer shall not be broken in the event of: 14 15 (1) Absence on an approved leave of absence. A police officer on an approved 16 leave of absence shall not receive credited service but shall retain all credited 17 service previously accrued. Upon returning to work, the police officer will again 18 accrue credited service. 19 20 (2) Absence from work because of occupational injury or disease incurred in 21 employment for which a police officer is entitled to Workers' Compensation 22 payments. A police officer on an approved leave of absence as a result of 23 occupational iniury or disease shall f16t continue to feeeive accrue credited 24 service aD shall retain all credited service previously accrued. Upon 25 , 26 27 (3) Absence due to service in the armed forces of the United States, provided the 28 officer shall reenter employment with the city within one year of discharge. A 29 police officer shall not receive credited service while absent due to military 30 service but shall retain all credited service previously accrued. Upon returning to 31 work, the police officer will again accrue credited service and will be credited with 32 service for time spent iR militaFy on active duty for up to five years if:- 33 34 a. The police officer is in the active employ of the municipality prior to such 35 service and leaves a position, other than a temporary position, for the 36 purpose of voluntary or involuntary service in the Armed Forces of the United 37 statea. 38 39 b. The police officer is entitled to reemployment under the provisions of the 40 ILniformed Services Employment and Reemploymerif Rights Act. A—peEise 41 effiseF shall be entitled te aGGFued benefits to the e)deRt that the pelirae effiG8F 42 , 43 , 44 eXGeed three firness the militaFy seFvlre Pef ed, 45 peFied ef five yeaFs. The Gempensateen Fate ef any SUGh empleyee, f9F the 46 2 Ordinance 2, 2010 1 , 5hall be deemed to be equal to the Fate the empl9yee would have 2 . Effective January 1, 2007. 3 members who die or become disabled while on active duty military service. 4 durina a break in the member's employment, shall be entitled to the rights of 5 this section even thouah such member was not re- employed by the city. 6 Members who die or become disabled while on active duty military service 7 shall be treated as thouah they were re- employed the day before the member 8 became disabled or died, was credited with the service they would have been 9 entitled to under this section, and then either died a non -duty related death 10 while emploved or became disabled from a non -duty related disability. 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 Police officer means any person who is elected, appointed} or employed full =time by any municipality, who is certified or required to be certified as a law enforcement officer in compliance with state law, who is vested with the authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic} or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include. in whole or in part, the supervision, training, guidance, and management responsibilities of full -time law enforcement officers, part-time law enforcement officers. or auxiliary law enforcement officers, but does not include part -time law enforcemen officers or auxiliary law enforcement officers as the same are defined in s. 943.10(6) and (8). respectively. Salary means the average monthly earnings reported to the Internal Revenue Service for income tax purposes, plus deferred compensation. Beginning with salary after December 31. 2008, and pursuant to Internal Revenue Code Section e definition of salary includes amounts paid by the city as differential wages to members who are absent from employment while in qualified military _service- SECTION 2. Chapter 50. Police. of the Beach Gardens, Florida is hereby amended by and readopting same, as revised; providing that follows: Sec. 50-82. Composition. Code of Ordinances of the City Palm repealing Section 50 -82. Composition. Section 50 -82 shall hereafter read as The board of trustees shall consist of members as follows: MLW Two legal residents of the city, who shall be appointed by the city council. ective for terms beginning after March 1. 2010. each €aGh city trustee shall serve as a trustee for a period of four We years, and such service shall be at the pleasure of the city council. Each city trustee may succeed himself as a trustee. 3 Ordinance 2, 2010 1 (2)JW Two trustees of the fund shall be elected by a majority of the police officers of 2 the city who are participants in the fund. Elections shall be held der in accordance 3 with such rules and regulations as the board of trustees shall from time to time adopt. 4 Effective for terms beginning after March 1. 2010. each €asf} police officer trustee shall 5 serve as a trustee for a period of four twe years, unless he seenef ceases to be a police 6 officer in the employ of the police department, whereupon their successors shall be 7 elected by a majority of the participants of the fund. Each police officer trustee may 8 succeed himself as a trustee. 9 10 (3W A fifth trustee shall be chosen and appointed to the board by the a majority of 11 the other four trustees. This fifth trustee's name shall be submitted to the city council, 12 which shall, as a ministerial duty, r i he appointment f such person to the board as 13 a the fifth trustee. Effective for terms beainnina after March 1. 2010. the The fifth 14 trustee shall serve as a trustee for a period of four #we years; and may succeed himself 15 as a trustee. 16 17 SECTION 3. Chapter 50. Police. of the Code of Ordinances of the City Palm 18 Beach Gardens, Florida is hereby amended by repealing Section 50 -87. Powers. and 19 readopting same, as revised; providing that Section 50 -87 shall hereafter read as 20 follows: 21 22 Sec. 50-87. Powers. 23 24 WThe board of trustees may exercise the following powers: 25 26 04LM IQ-ihvesA IQ-iv west and reinvest the assets of the retirement trust fund 4 and to 27 hgld, purcbase, sell, assign, transfer, and dispose of any securities and investments 28 held in the fund, including the power and authority to employ counseling or investment 29 anagement services. The aim of the investment policies shall be to preserve the 30 intearity and security of the fund principal, to maintain a balanced investment portfolio. 31 to maintain and enhance the value of the fund rR incipal, and to secure the maximum 32 total return on investments that is consonant with safety of principal, provided that such 33 investments and re- investments shall be limited only by the investments permitted by 34 the investment policy guidelines adopted by the board in accordance with Florida law. 35 Notwithstanding the foregoing, investments in foreign investments are limited in 36 accordance with section 185.06(1)(b)4. Florida Statutes. The Board members must 37 discharge these duties with respect_ to the plan solely in the best interests of the 38 participants and beneficiaries and (i) for the exclusive purpose of providing benefits to 39 participants and their beneficiaries and defraying reasonable expenses of administering 40 the care, skill, prudence, and diligence under the circumstances then 41 prevailing that a prudent person acting in a like capacity and familiar with such matters 42 would use in the conduct of an enterprise of a like character and with like aims: and (iii) 43 by diversifvina the investments of the plan so as to minimize the risk of larae_ losses. 44 unless under the circumstances it is clearly prudent not to do so. 45 46 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 Ordinance 2, 2010 27 1!:: �e 2�'w TEL Oft ided, that nothing heFein shall' Prn-OWeF the h-mi GA tFU tees to amend the Mthil -an aGtuaF*al estimate of the Gil %s of a Fefi (3}WLAt least once every three years, consultant professionally qualified to money managers. The independent board regarding the selection of mono recommendations shall be consideria scheduled meeting. The date, time the board of trustees shall retain an independent evaluate the performance of the professional consultant shall make recommendations to the :y managers for the next investment term. The I by the board of trustees at its next regularly , place} and subject of this meeting shall be 5 ._ NOW IL '111"A I "IN 31 27 1!:: �e 2�'w TEL Oft ided, that nothing heFein shall' Prn-OWeF the h-mi GA tFU tees to amend the Mthil -an aGtuaF*al estimate of the Gil %s of a Fefi (3}WLAt least once every three years, consultant professionally qualified to money managers. The independent board regarding the selection of mono recommendations shall be consideria scheduled meeting. The date, time the board of trustees shall retain an independent evaluate the performance of the professional consultant shall make recommendations to the :y managers for the next investment term. The I by the board of trustees at its next regularly , place} and subject of this meeting shall be 5 NOW IL '111"A I "IN 31 Mr. .►�i =N.WTV. - h. -,v �RZ•� :uc. �, :. �- ivy.,= �t�s t� :���w.� :,s�.�, :�z•_,•.•.�c•��. �, :,v.•�u���: 27 1!:: �e 2�'w TEL Oft ided, that nothing heFein shall' Prn-OWeF the h-mi GA tFU tees to amend the Mthil -an aGtuaF*al estimate of the Gil %s of a Fefi (3}WLAt least once every three years, consultant professionally qualified to money managers. The independent board regarding the selection of mono recommendations shall be consideria scheduled meeting. The date, time the board of trustees shall retain an independent evaluate the performance of the professional consultant shall make recommendations to the :y managers for the next investment term. The I by the board of trustees at its next regularly , place} and subject of this meeting shall be 5 NOW IL '111"A I "IN 31 27 1!:: �e 2�'w TEL Oft ided, that nothing heFein shall' Prn-OWeF the h-mi GA tFU tees to amend the Mthil -an aGtuaF*al estimate of the Gil %s of a Fefi (3}WLAt least once every three years, consultant professionally qualified to money managers. The independent board regarding the selection of mono recommendations shall be consideria scheduled meeting. The date, time the board of trustees shall retain an independent evaluate the performance of the professional consultant shall make recommendations to the :y managers for the next investment term. The I by the board of trustees at its next regularly , place} and subject of this meeting shall be 5 Ordinance 2, 2010 1 advertised in a newspaper of general circulation in the city at least ten days prior to the 2 date of the hearing. 3 4 (c) Notwithstanding anvthina else in this subsection or as provided in section 5 215,473, Elbdda Statutes, the board of trustees must identify and publicly report any 6 direct or indirect holdinas it may have in any scrutinized company, as defined in that 7 section. Beginning January 1. 2010, the board must proceed to sell, redeem, divest. or 8 withdraw all publicly- traded securities it may have directly in that company. The 9 divestiturg of any such security must be completed by September 10, 2010. The board 10 and its named officers or investment advisors may not be deemed to have breached 11 their fiduciary duty in any action taken to dispose of any such security, and the board 12 shall have satisfactorily discharged the fiduciary duties of loyalty, prudence. and sole 13 and exclusive benefit to the participants of the pension fund and their beneficiaries if the 14 actions it takes are consistent with the duties imposed by section 215.473. Florida 15 Statutes, as provided for in section 185.06(7). Florida Statutes. and the manner of the 16 disi2gsition, if any, is reasonable as to the means chosen. For purposes of determining 17 which companies are scrutinized companies, the board may utilize the list of scrutinized 18 Qomi2anies as developed by the Florida State Board of Administration. No person may 19 Drina any civil. criminal, or administrative action against the board of trustees or any 20 employee, officer, director, or advisor of such pension fund based upon the divestiture 21 of any security pursuant to this subsection. 22 23 SECTION 4. Chapter 50. Police. of the Code of Ordinances of the City Palm 24 Beach Gardens, Florida is hereby amended by repealing Section 50 -90. Amendment to 25 or replacement of plan. and readopting same, as revised; providing that Section 50 -90 26 shall hereafter read as follows: Sec. 50 -91. Amendment to or replacement of plan. (M The board of trustees shall not be empowered to amend or replace a retirement plan without the approval of the city council. 11 lffii!j 11171 ZIP! on • - - •- • • • •_ • • •• - - - - • • - • 1 _ - • •. • 9• M- • - • - ••. • • -- • • - •1 • • •- - • - •- • �- 11• - • • -• - - ••. • • -- •- - - - •. Mn ir -naLe •1 ,1• - - -• -• • • . M=- 1 • - • - • -1- .l- • • • - 7 x1i MIMM '01 Me Ordinance 2, 2010 1 2) The board of trustees shall determine the method of distribution of the gas-et 2 value, 39 whether distribution shall be by payment in cash, by the maintenance 40 of 3 anotber pensioner or or substituted and his or trust fund, by the her retirement purchase of insured annuities. thereafter or 4 otherwise, joint pensioner or beneficiary for each police officer entitled to benefits under section 185.341. the plan, as set forth 5 herein 44 below in subsection (3). is not required to provide proof of the 45 good health of the ioint annuitant 6 being removed, and the ioint annuitant 46 or beneficiary being removed need not be living. Any retired member who desires to 7 (3) The board of trustees shall distribute the asset value as of the date of 8 termination in the manner set forth in this subsection, on the basis that the 9 amount required to provide any given retirement income is the actuarially 10 coml2uted single -sum value of such retirement income except that if the method 11 of distribution determined under subsection (2) involves the purchase of an 12 insured annuity, the amount required to provide the given retirement income is 13 the single premium payable for such annuity. The actuarial sinale -sum value may 14 not be less than the employee's accumulated contributions to the plan. with 15 interest if provided by the plan, less the value of any plan benefits previously paid 16 to the employee. 17 18 4) If there is asset value remainina after the full distribution specified in 19 subsection (3), and after payment of any expenses incurred with such 20 distribution, such excess shall be returned to the city, less any state contributions 21 returned to the state, provided that, if the excess is less than the total 22 contributions made by the city and the state to date of termination of the plan. 23 such excess shall be divided proportionately to the total contributions made by 24 the city and the state. 25 26 5) The board of trustees shall distribute, in accordance with the manner of 27 distribution determined under subsection (2), the amounts determined under 28 subsection l3). SECTIONS. Chapter 50. Police. of the Code of Ordinances of the City Palm Beach Gardens, Florida is hereby amended at Section 50 -114. Beneficiaries. by adopting new subsection (e); providing that subsection 50 -114 shall hereafter read as follows: Sec. 50 -114. Beneficiaries. 37 (a) -(d) (These subsections shall remain in full force and effect as previously 38 adopted.) 39 40 e) If a member has elected an option with a joint pensioner or beneficiary and his or 41 her retirement income benefits have commenced, he or she may thereafter chance the 42 designated joint pensioner or beneficiary no more than two (2) times in accordance with 43 section 185.341. Florida Statues, without the approval of the board of trustees or the 44 current joint annuitant or beneficiary. The retiree is not required to provide proof of the 45 good health of the ioint annuitant or beneficiary being removed, and the ioint annuitant 46 or beneficiary being removed need not be living. Any retired member who desires to 7 Ordinance 2, 2010 1 chianae his or her joint annuitant or beneficiary shall file with the board of trustees a 2 notarized notice of such change. Upon receipt of a completed change f_ joint annuitant 3 form or such other notice, the board of trustees shall adjust the member's monthly 4 benefit by the application of actuarial tables and calculations developed to ensure that 5 the benefit said is the actuarial equivalent of the present value of the member's current 6 benefit and there is no impact to the plan. Any costs associated with the actuarial 7 calculation of the benefit shall be borne by the member. 8 9 SECTION 6. Chapter 50. Police. of the Code of Ordinances of the City Palm 10 Beach Gardens, Florida is hereby amended at Section 50 -118. Disability retirement. by 11 repealing subsection (d) and readopting same, as revised; providing that subsection 50- 12 118 shall hereafter read as follows: 13 14 Sec. 50 -118. Disability retirement. 15 16 (a) -(c) (These subsections shall remain in full force and effect as previously 17 adopted.) 18 19 (d) Exclusions. A police officer shall not be entitled to receive any disability 20 retirement income if the disability is the result of: 21 22 (1) Excessive and habitual use by the police officer of drugs, intoxicants, or 23 narcotics; 24 25 (2) Injury or disease sustained by the police officer while willfully and illegally 26 participating in fights, riots, civil insurrections or while committing a crime; 27 28 (3) Injury or disease sustained by the police officer while serving in any armed 29 forces This exclusion does not affect members who have become disabled as a 30 result of intervening military service under the federal Heroes Earnings 31 Assistance and Relief Tax Act of 2008 (H.R. 6081: P.L. 110 - 245).; 32 33 (4) Injury or disease sustained by the police officer after employment has been 34 terminated; or 35 36 (5) Injury or disease sustained by the police officer while working for anyone 37 other than the city and arising out of such other employment. 38 39 (e) -(g) (These subsections shall remain in full force and effect as previously 40 adopted.) 41 42 SECTION 7. Chapter 50. Police. of the Code of Ordinances of the City Palm 43 Beach Gardens, Florida is hereby amended at Section 50 -121. Optional forms of 44 benefits. by repealing subsection (b) and readopting same, as revised; providing that 45 subsection 50 -121 shall hereafter read as follows: 46 A Ordinance 2, 2010 1 Sec. 50-121. Optional forms of benefits. 2 3 (a) (This subsection shall remain in full force and effect as previously adopted.) 4 5 (b) The value of optional benefits shall be the actuarial equivalent of the value of 6 benefits otherwise payable, and the present value of payments to the retiring member 7 must be at least equal to 50 percent of the total present value of payments to the retiring 8 member and his beneficiary. The member shall make an election by written request to 9 the board, such request being retained in the board's files. The options available to the 10 members of the fund are as follows: 11 12 (1) Contingent annuitant Qoint and survivor option). The member may elect to 13 receive a benefit during his lifetime and have such a benefit (100 percent or 75 14 percent or 66 2/3 percent or 50 percent of such monthly benefit) continued after 15 his death to and during the lifetime of his spouse or relative other than his 16 spouse. The election of option 1 shall be null and void if the designated 17 beneficiary dies before the member's payments commence. If a member has 18 elected an option with a joint pensioner or beneficiary and his or her retirement 19 income benefits have commenced, he or she may thereafter chance the 20 designated ioint pensioner or beneficiary up to twice in accordance with section 21 185,341, Florida Statutes, without the approval of the board of trustees or the 22 current ioint annuitant or beneficiary. The retiree is not required to provide proof 23 of the aood health of the joint annuitant or beneficiary being removed. and the 24 ioint annuitant or beneficiary being removed need not be livina. Any-retired 25 member who desires to change his or her Joint annuitant or beneficiary shall file 26 with the board of trustees a notarized notice of such change. Upon receipt of a 27 completed change of joint annuitant form or such other notice, the board of 28 trustees shall adiust the member's monthly benefit by the application of actuarial 29 tables and calculations developed to ensure that the benefit paid is the actuarial 30 eQuivalent of the present value of the member's current benefit and there is no 31 impact to the Plan. Any costs associated with the actuarial calculation of the 32 benefit shall be borne by the member. 33 34 (2) Life annuity. The member may elect to receive a benefit payable for the 35 police officer's life only. 36 37 (3) Other. In lieu of the other optional forms enumerated in this section, benefits 38 may be paid in any form approved by the board so long as it is the actuarial 39 equivalent of the benefits otherwise payable. 40 41 SECTION 8. Chapter 50. Police. of the Code of Ordinances of the City Palm 42 Beach Gardens, Florida is hereby amended by repealing Section 50 -124. Rights and 43 benefits not subject to legal process. readopting same, as revised; providing that 44 subsection 50 -124 shall hereafter read as follows: 45 46 Ordinance 2, 2010 Sec. 50 -124. Rights and benefits not subject to legal process. The rights and benefits provided for in this article are vested rights of participants in the fund and shall not be subject to attachment, garnishment, execution or any other legal process. However. the Board shall honor an income deduction order for alimony or child support in accordance with rules and procedures adopted by the Board. 8 Upon written request by the retiree. the Board of Trustees may authorize the Plan 9 administrator to withhold from the monthly retirement payment funds necessary to: 10 11 (a) pay for benefits being received through the City: 12 13 b) pay the certified bargaining agent; or 14 15 (c) pay for premiums for accident health and Iona -term care insurance for the retiree. 16 retiree's spouse, and dependents. A retirement plan does not incur liability for 17 participation in this permissive program if its actions are taken in good faith pursuant to 18 section 185.05(6). Florida Statutes. 19 20 SECTION 9. Chapter 50. Police. of the Code of Ordinances of the City Palm 21 Beach Gardens, Florida is hereby amended by repealing Section 50 -127. Prior police 22 officer service. and readopting same, as revised; providing that subsection 50 -127 shall 23 hereafter read as follows: 24 25 Sec. 50 -127. Prior police officer service. 26 27 Unless otherwise prohibited by law, the years or fractional parts of years that a 28 police officer previously served in the United States Military Service, or the years or 29 fractional parts of years that a police officer previously served as a police officer with the 30 city during a period of employment and for which accumulated contributions were 31 withdrawn from the fund, or the years and fractional parts of years that a police officer 32 served as a police officer with any other municipal, county, state or federal law 33 enforcement agency shall be added to the years of credited service provided that: 34 35 MJW The police officer contributes to the fund the sum that would have been 36 contributed, based on the police officer's salary and the employee contribution rate in 37 effect at the time that the credited service is requested, had the police officer been a 38 member of this system for the years or fractional parts of years for which the credit is 39 requested plus amount actuarially determined such that the crediting of service does not 40 result in any cost to the fund plus payment of costs for all professional services 41 rendered to the board in connection with the purchase of years of credited service. 42 43 MLW Payment by the police officer of the required amount may be made within six 44 months of the request for credit and in one lump sum payment, or the police officer can 45 buy back this time over a period equal to the length of time being purchased or five 46 years, whichever is greater, at an interest rate which is equal to the fund's actuarial 10 Ordinance 2, 2010 1 assumption. A police officer may request to purchase some or all years of service. No 2 credit shall be given for any service until all years of service which are to be 3 repurchased, have been repurchased. 4 5 (3)JM The credit purchased under this section shall count for all purposes, x �� 6 4wAudiF@- vesting. 7 8 (4) LO In no event, however, may credited service be purchased pursuant to this 9 section for prior service with any other municipal, county, or state police department, if 10 such prior service forms or will form a basis of a retirement benefit or pension from 11 another retirement system or plan. This subsection does not apply to military service. 12 13 SECTION 10. Chapter 50. Police. of the Code of Ordinances of the City Palm 14 Beach Gardens, Florida is hereby amended at Section 50 -152. Amounts payable upon 15 election to participate. by repealing subsection (d) and readopting same, as revised; 16 providing that subsection 50 -152 shall hereafter read as follows: 17 18 Sec. 50 -152. Amounts payable upon election to participate. 19 20 (a) -(c) (These subsections shall remain in full force and effect as previously 21 enacted.) 22 23 (d) Upon termination of employment, participants in the DROP will receive the 24 balance of the DROP account in accordance with the following rules: 25 26 (1) Members may elect to begin to receive payment upon termination of 27 employment or defer payment of the DROP until the latest day as provided under 28 subsection (d)(3) of this section. 29 30 (2) Payments shall be made in either: 31 32 a. Lump sum. The entire account balance will be paid to the retirant upon 33 approval of the board of trustees. 34 35 b. Installments. The account balance will be paid out to the retirant in three 36 equal payments paid over three years, the first payment to be made upon 37 approval of the board of trustees. 38 (3)-g- Annuity. The account balance will be paid out in monthly 39 installments until the entire balance is exhausted. At the direction of the 40 participant, the account balance can be used to purchase an annuity to be 41 paid monthly, the first payment to be made upon approval by the board of 42 trustees. The annuity must be purchased from an insurer licensed to sell 43 such annuities in the state. 44 45 (4)M Any form of payment selected by a police officer must comply with the 46 minimum distribution requirements of the IRC 401(A)(9), and is subject to the 11 Ordinance 2, 2010 1 requirements of subsection 12 (29) of this Art e.g. payments must 2 commence by age 70Y2. 3 4 (S)LQ The beneficiary of the DROP participant who dies before payments from 5 the DROP begin shall have the same right as the participant in accordance with 6 subsection 17 of the IRC 401(A)(9). 7 8 SECTION 11. All ordinances or parts of ordinances in conflict be and the same 9 are hereby repealed. 10 11 SECTION 12. Should any section or provision of this Ordinance or any portion 12 thereof, any paragraph, sentence, or word be declared by a Court of competent 13 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 14 this Ordinance. 15 16 SECTION 13. Specific authority is hereby granted to codify this Ordinance. 17 18 SECTION 14. This Ordinance shall take effect immediately upon adoption. 19 20 21 22 (The remainder of this page intentionally left blank) 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 12 Ordinance 2, 2010 1 PASSED this day of , 2010, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2010, upon second 4 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 32 APPROVED AS TO FORM AND 33 LEGAL SUFFICIENCY 34 35 36 BY: 37 R. Max Lohman, City Attorney 38 39 40 41 42 43 44 45 46 47 GAattorney_ share \0RDINANCES\2010 \Ordinance 2 2010 - PD pension (2).doc W, CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 21, 2010 7:00 P.M. Mayor Russo Vice Mayor Levy Council Member Jablin -7: 0 Council Member Barnett ,�* ' 10: ol Council Member Premuroso / L PLEDGE OF ALLEGIANCE V H. ROLL CALL ✓ III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: tFor Items Not on the A enda lease submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: UL PUBLIC HEARINGS: (* Designates Ouasi- Judicial Hearing) a. *(Staff Report on Pa;;e 4. Ordinance on Page 25. Resolution on Page 30 Ordinance 3, 2010 - (I" reading) Regions Bank Planned Unit Development Major Qa,3 conditional use with site plan. An Ordinance of the City Council of the City of 6-.,o Palm Beach Gardens, Florida rezoning certain real property within the corporate limits of the City of Palm Beach Gardens, consisting of one (1) parcel of real property comprised of one (1) platted lot totaling 1.54 acres, more or less, in size located on the North side of Notthlake Boulevard approximately 500 feet East of I -95, with a street address of 3855 Northlake Boulevard, Informally known as the "Regions Bank Property"; providing that this parcel of real property which is more particularly described herein shall be assigned the City zoning designation of Planned Unit Development (PUD) Overlay with an underlying zoning designation of CG -1; providing that the zoning map of the City of Palm Beach Gardens be amended accordingly; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. Resolution 3, 2010 is a companion item to Ordinance 3, 2010 and will require Council action on Second Reading. Resolution 3, 2010 - Regions Bank PUD -- Major conditional use with site plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Regions Bank Planned Unit Development (PUD), Major Conditional Use, and site plan in order to allow a 3,820 - square -foot bank with five (5) drive -thru lanes as more particularly described herein; providing waivers; providing conditions of approval; providing an effective date; and for other purposes. b. (Staff Report on Page 56. Ordinance on Page 152) Ordinance 4, 2010 — (0 reading) Ballenlsles West Outparcel. An Ordinance of the City Council of the D City of Palm Beach Gardens, Florida adopting a small -scale amendment to its Comprehensive Development Plan in accordance with the mandates set forth in 4A Chapter 163, Florida Statutes, specifically Section 163.3187(1)(c), et seq., e. Florida Statutes, which provides for an amendment to the City's Future Land Use f Map designating one (1) parcel of real property comprising approximately 7.31 acres, more or less, in size as "(PO) Professional Office "; such parcel of land is located at the Southwest corer of the intersection of PGA Boulevard and Ballenlsles Drive, informally known as "BallenIsles West Outparcel "; providing for compliance with all requirements of Chapter 163, Florida Statutes; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. X. RESOLUTIONS• XL ORDINANCES: (For Consideration on First Reading) a. Staff Report orr N_,e 158, Ordinance fm Ris!> 1601 Ordinance 2, 2010 - Police Officers' Retirement Trust Fund. An Ordinance of the City Council of the City of ?OJg.I- Palm Beach Gardens, Florida amending Chapter 50. Police. of the City of Palm -0 Beach Gardens Code of Ordinances at Section 50-61. Definitions. By repealing the definitions of "Credited Service", "Police Officer", and "Salary" and readopting same, as revised; further amending Chapter 50 by repealing Sections 50-82, 50-90, 50-124 and 50-127 and subsections 50- 114(e), 50- 118(d), 50- 120(2) and 50- 152(d) in order to adopt provisions of the Heroes Earnings Assistance and Relief Tax Act of 2008 into the Police Pension Trust Fund regulations and for consistency with Chapter 185, Florida Statutes; providing that each and every other Section and Subsection of Chapter 50. Police. 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. XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XM. CITY ATTORNEY REPORT: 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. .snrz r, ? !ov Pm 6/P D : 10, 0'1 PM CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 21, 2010 7:00 P.M. Mayor Russo Vice Mayor Levy Council Member Jablin Council Member Barnett Council Member Premuroso I. .1� PLEDGE OF ALLEGIANCE H. --` ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: A/OV T IV. ANNOUNCEMENTS / PRESENTATIONS: No?-) V. v ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: VI. CITY MANAGER REPORT: " 0-P (f VII. -/'COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) GVIII. CONSENT AGENDA: IX. PUBLIC HEARINGS: (* Designates Ouasi - Judicial Hearing) a. --� *(Staff Report on Page 4, Ordinance on Page 25, Resolution on Page 30 Ordinance 3, 2010 - (1St reading) Regions Bank Planned Unit Development Major conditional use with site plan. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning certain real property within the corporate limits of the City of Palm Beach Gardens, consisting of one (1) parcel of real property comprised of one (1) platted lot totaling 1.54 acres, more or less, in size located on the North side of Northlake Boulevard approximately 500 feet East of I -95, with a street address of 3855 Northlake Boulevard, Informally known as the "Regions Bank Property "; providing that this parcel of real property which is more particularly described herein shall be assigned the City zoning designation of Planned Unit Development (PUD) Overlay with an underlying zoning designation of CG -l; providing that the zoning map of the City of Palm Beach Gardens be amended accordingly; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. Resolution 3, 2010 is a companion item to Ordinance 3, 2010 and will require Council action on Second Reading. Resolution 3, 2010 - Regions Bank PUD -- Major conditional use with site plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Regions Bank Planned Unit Development (PUD), Major Conditional Use, and site plan in order to allow a 3,820 - square -foot bank with five (5) drive -thru lanes as more particularly described herein; providing waivers; providing conditions of approval; providing an effective date; and for other purposes. b. (Staff Report on Page 56, Ordinance on Page 152) Ordinance 4, 2010 — (1" reading) Ballenlsles West Outparcel. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a small -scale amendment to its Comprehensive Development Plan in accordance with the mandates set forth in I Chapter 163, Florida Statutes, specifically Section 163.3187(1)(c), et seq., Florida Statutes, which provides for an amendment to the City's Future Land Use Map designating one (1) parcel of real property comprising approximately 7.31 acres, more or less, in size as "(PO) Professional Office "; such parcel of land is located at the Southwest corner of the intersection of PGA Boulevard and BalienIsles Drive, informally known as " Ballenlsles West Outparcel"; providing for compliance with all requirements of Chapter 163, Florida Statutes; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. X. RESOLUTIONS: N,Jwv XI. ORDINANCES: (For Consideration on First Reading) a. t' Staff Report on Page 15$ Ordinance on Page 166 Ordinance 2, 2010 - Police Officers' Retirement Trust Fund. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 50. Police. of the City of Palm Beach Gardens Code of Ordinances at Section 50 -61. Definitions. By repealing the definitions of "Credited Service ", "Police Officer ", and "Salary" and Sr readopting same, as revised; further amending Chapter 50 by repealing Sections 50 -82, 50 -90, 50 -124 and 50 -127 and subsections 50- 114(e), 50- 118(d), 50- 120(b) and 50- 152(d) in order to adopt provisions of the Heroes Earnings Assistance and Relief Tax Act of 2008 into the Police Pension Trust Fund regulations and for consistency with Chapter 185, Florida Statutes; providing that each and every other Section and Subsection of Chapter 50. Police. 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. XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: �)av if XIII. CITY ATTORNEY REPORT: 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. 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I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address OF 4'P L,,,Vo lei k S f I r re ' j '1d111, C#Y 6 VJ64 L BallenIsles West Out- Parcel Agenda Item #IX, b Ordinance #4,2010 January 21, 2010 Public Hearing for Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as PO- Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and BallenIsles Drive. I am a resident of Ballenisles, and I am here to support the Rosition of the Ballenisles Community Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address v cr �l d� d— Cf <AN S - v- ' 0 Ac n .. r3G 6k s Nit a,.x �, n, i�c �► BallenIsles West Out- Parcel Agenda Item #IX, b Ordinance #4,2010 January 21, 2010 Public Hearing for Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as PO- Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Communit Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name , , -1 . Address 0 r�Y % / G r a a �3 WOO ( I pMY� ZIv R A-e- 6 S A:tj A 0 �ff .--r- - kex A 1)a1)10 GWi c0jA)GL 11-1 r-enA f Ballenlsles West Out- Parcel Agenda Item #IX, b Ordinance #4,2010 January 21, 2010 Public Hearing for Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as PO- Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name„ Address Yom' 7 G - �y ^ ,� �'r 7 A.- f tac '� ��� L v � l b Lo cu r S d h A 10 I U /le�'a•C ,)al/io 0-0 COU�A)cA� BallenIsles West Out - Parcel Agenda Item #IX, b Ordinance #4,2010 January 21, 2010 Public Hearing for Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as PO- Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and BallenIsles Drive. am a resident of BallenIsles, and I am here to support the position of the_Ballenisles Communit 19 Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address I rtwiWAVzo �, �_rrty O 1► yy / .►', r II III �I /��a I� =1 . , -- s�l MOMMOME51NEAVA MA -.�2 •— _ v =C%11, r=111110TINIM 090 W-10- I BallenIsles West Out- Parcel Agenda Item #IX, b Ordinance #4,2010 January 21, 2010 Public Hearing for Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as PO- Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and BallenIsles Drive. am a resident of BallenIsles, and I am here to support the position of the BallenIsles Community Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address y OG l � Jce.s1 �ILU"C O f r G Z W c url Yl/ a ,, � t-- . 4t. t , _ r et t / 3 S � � -✓.�uL Pi'LU�� f • � 1. Ballenlsles West Out- Parcel Agenda Item #IX, b Ordinance #4,2010 January 21, 2010 Public Hearing for Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as PO- Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association, to oppose the proposed application for an amendment to the Future Land Use Plan desienation for the above referenced petition. Name Address W1,9111VA-1 PM i till 1111 MAIN ill NO% 069M �illillill W1,9111VA-1 Ballenlsles West Out- Parcel Agenda Item #IX, b Ordinance #4,2010 January 21, 2010 Public Hearing for Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as PO- Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles and I am here to support the position of the Ballenlsles Community Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name n Address PPA- MAMA TR Mill rm VAR 1411111 M= 21000 111-, �� i ' pop gg IQec 'al j1 a,lio CA" (� In BallenIsles West Out- Parcel Agenda Item #IX, b Ordinance #4,2010 January 21, 2010 Public Hearing for Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as PO- Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and BallenIsles Drive. 1 am a resident of BallenIsles. and I am here to support the position of the BallenIsles Community Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address ke ,-A I )aIJ10 C41 IA0�ut "4'e ". a3 BallenIsles West Out- Parcel Agenda Item #IX, b Ordinance #4,2010 January 21, 2010 Public Hearing for Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as PO- Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsl_es. and I am here to support the position of the Ballenlsles Communitv Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Lkame Address. r' Mr v • N ' IVA DNA, 10,14 NW_4MW��_ N-PRINNAKI _�/,►j1 = >- .rte I row 17. JA WON _ z, MA �11 &"..t , f ai/ro Cary lr'a,Ai L r4tt.6^4. �1 Ballenlsles West Out - Parcel Agenda Item #IX, b Ordinance #4,2010 January 21, 2010 Public Hearing for Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as PO- Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and BallenIsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name I I Addrgss _�.. VM; 0 _ ,. _ � } �• _• �� I -EMM&WAN MW law / ��, �1.. � �1•�•'��' it � .� gex .k lllllio Co7l BallenIsles West Out- Parcel Agenda Item #IX, b Ordinance #4,2010 January 21, 2010 Public Hearing for Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as PO- Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenisles Communitv Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. BallenIsles West Out - Parcel Agenda Item #IX, b Ordinance #4,2010 January 21, 2010 Public Hearing for Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as PO- Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and BallenIsles Drive. I am a resident of BallenIsles, and I am here to support the position of the BallenIsles Community Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name , , a Address a-) �l � OWN AW I > MA Aq L r i F, On - , - - 600 - W�" Ir �I I ` L ♦ _ �1✓� 1 PI'��.� �.� / I a-) �l � Cv (, IH ecn>7�. Ballenlsles West Out- Parcel Agenda Item #IX, b Ordinance #4,2010 January 21, 2010 Public Hearing for Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as PO- Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and BallenIsles Drive. I am a resident of Ballenlsles. and I am here to support the position of the Ballenlsles Community Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address )I tt ' ' INUMM1 X211_ . IL.. "JERM LIN WEN �1j1 '- - - PFA I 11C�_�•� .._ Ws _._. _-. •T' ' Wj i )I CI )41 40060W, ti e P.rjq BallenIsles West Out- Parcel Agenda Item #IX, b Ordinance #4,2010 January 21, 2010 Public Hearing for Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as PO- Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and BallenIsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Communitv Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. ni- n rA..___ 0410AM, MUM Il�1.I^�11 / FA gi011 R= 1►' ` WllINA LWIN t ' ME W YIIII V i. WA -._—Gi NO2A L 01INNk=� IRMI imm��1� ���L� a� • `I W, M &0 W� a_J � � � r . 1 r E