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HomeMy WebLinkAboutAgenda Council Agenda 1015984 n P tom. - I- 411 those svivhin, to address the City Council need to complete the necessary form (supply located in back of'Council Chambers) and submit same to the City Clerk prior to the meeting being called to order. CITY COUNCIL CITY OF PALM BEACH GARDENS REGULAR MEETING 10/15/98 OCTOBER 15, 1998 7:30 P.M. 1. PLEDGE OF ALLEGIANCE 11. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin Councilman David Clark and Councilman Carl Sabatello. III. ANNOUNCEMENTS: Monday, 10/19/98, 5:30 P.M., Art Advisory Committee Tuesday, 10/20/98, 7:00 P.M., Neighborhood Initiative Task Force Reception Tuesday, 10/27/98, 6:30 P.M., Planning & Zoning Commission IV. CITY MANAGER REPORT: V. PRESENTATIONS: VI. AWARDING OF BIDS: VII. ITEMS BY MAYOR AND COUNCIL: VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) IX. CONSENT AGENDA: 1. Approval of Minutes of 9/24/98 City Council Special Regular Meeting ` Proclaiming November, 1998, as "Epilepsy Awareness Month" 3. Proclaiming November 5, 1998, as "Estate Planning Day" 4. Resolution 107, 1998 - Consideration of Approval for Disposal of Assets 5. Resolution 111, 1998 = Consideration of Approval of Plat for Smith Corner. Resolution 112, 1998 - Consideration of Approval to Support Revision #10 to the Florida Constitution. X. PUBLIC HEARINGS: Ordinance A., 1N -11 t Providing for Amendment of Chapter 34 of the Code by Amending All Sections of Article III, Entitled "Noise" to Modify the Hours of Restrictions, To Modify the Extent of the Restrictions; and to Clarify the nature of the Restrictions; Section 34 -59 Concerning Exceptions for "Construction Equipment "; Section 34 -60, Concerning Exceptions for "Golf Course Maintenance Equipment "; Section 34 -61, Concerning Exceptions for "Sanitation Trucks"; Section 118 -299, Entitled "Performance Standards" to Modify the Hours of Restrictions and to Clarify the Nature of the Restrictions. (Public Hearing, adv. 9/30/98; Consideration of Second Reading and Adoption) i' X. PUBLIC HEARING$: (Cont'd) Ordinance 19, 1998 - Providing for Amendment to Ordinance 11. 1995, as Amended, Which ' Approved a PUD /Site Plan for the Hibiscus Restaurant, Formerly Known as The Bridge Center By Amending the Landscape Plan; Providing for approval of the Exterior Color Change and Wall Sign Colors. (Public Hearing. adv. 9/30/98; Consideration of Second Reading and Adoption) Providing for Rezoning of 2,304.79 Acres of Land Located Between PGA Boulevard and Hood Road to a Planned Community District to Permit Residential Uses Consisting of 2,145 Dwelling Units, Golf Courses. Clubhouse, Training Facility and Support Facilities, 105,000 Square Feet of Office Use, 15,000 Square Feet of Commercial Use, 10,000 Square Feet of Community Facility Use and 5,000 Square Feet of Sales Center Use. (Public Hearing, adv. 9/30/98; Consideration of Second Reading and Adoption) - Consideration of Approval of an Amendment to the site Plan for PGA ational Mobil Station. Consideration of Approval of the Pay and Classification Plan for 1998/1999 Fiscal Year. Resolution 108, 998-Consideration of Approval of Golf Campus Site Plan. Resolu�tioo 9 199 - nsideration of Re- Appointment of One Member to the Board of Trustees CU Q ` the Police Officers' Pension Fund Board. Resolution 110, 199.8-Consideration of Re- Appointment of One Member to the Board of Trustees �� of the Firefighters Pension Trust Fund Board. A_-0 Resoluti 113, 1 98,Consideration of Approval and Ratification of Agreement Between the Police enevolent Association and The City of Palm Beach Gardens for 10.%1/97 Through September 30, 1998. ,V?0I. ORDINANCES: (For Consideration of First Reading) III. ITEMS FOR COUNCIL ACTION: V.111 CM 1. Proposed 1999 Tennis Fees XIV. ITEMS FOR DISCUSSION: 1. PGA National DRI Amendment _�k 4t'�. 2. Non - Conforming Signs G Z XV. CITY ATTORNEY REPORT: XVI. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact James Waldron, Jr., no later than 5 days prior to the proceeding at telephone number (407) 775 -8255 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. All those wishing to address the City Council need to complete the necessary form (supply located in back of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order. CITY COUNCIL CITY OF PALM BEACH GARDENS REGULAR MEETING OCTOBER 15, 1998 7:30 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin Councilman David Clark and Councilman Carl Sabatello. III. ANNOUNCEMENT$: Monday, 10/19/98, 5:30 P.M., Art Advisory Committee Tuesday, 10/20/98, 7:00 P.M., Neighborhood Initiative Task Force Reception Tuesday, 10/27/98, 6:30 P.M., Planning & Zoning Commission IV. CITY MANAGER REPORT: V. PRESENTATIONS: VI. AWARDING OF BIDS: VII. ITEMS BY MAYOR AND COUNCIL: VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) IX. CONSENT AGENDA: 1. Approval of Minutes of 9/24/98 City Council Special Regular Meeting 2. Proclaiming November, 1998, as "Epilepsy Awareness Month" 3. Proclaiming November 5, 1998, as "Estate Planning Day" 4. Resolution 107, 1998 - Consideration of Approval for Disposal of Assets 5. Resolution 111, 1998 - Consideration of Approval of Plat for Smith Corner. 6. Resolution 112, 1998 - Consideration of Approval to Support Revision #10 to the Florida Constitution. X. PUBLIC HEARINGS: Ordinance 13, 1998 - Providing for Amendment of Chapter 34 of the Code by Amending All Sections of Article III, Entitled "Noise" to Modify the Hours of Restrictions, To Modify the Extent of the Restrictions; and to Clarify the nature of the Restrictions; Section 34 -59 Concerning Exceptions for "Construction Equipment "; Section 34 -60, Concerning Exceptions for "Golf Course Maintenance Equipment "; Section 34 -61, Concerning Exceptions for "Sanitation Trucks "; Section 118 -299, Entitled "Performance Standards" to Modify the Hours of Restrictions and to Clarify the Nature of the Restrictions. (Public Hearing, adv. 9/30/98; Consideration of Second Reading and Adoption) X. PUBLIC HEARINGS: (Cont'd) Ordinance 19, 1998 - Providing for Amendment to Ordinance 11, 1995, as Amended, Which Approved a PUD /Site Plan for the Hibiscus Restaurant, Formerly Known as The Bridge Center By Amending the Landscape Plan; Providing for Approval of the Exterior Color Change and Wall Sign Colors. (Public Hearing, adv. 9/30/98; Consideration of Second Reading and Adoption) Ordinance 21, 1998 - Providing for Rezoning of 2,304.79 Acres of Land Located Between PGA Boulevard and Hood Road to a Planned Community District to Permit Residential Uses Consisting of 2,145 Dwelling Units, Golf Courses, Clubhouse, Training Facility and Support Facilities, 105,000 Square Feet of Office Use, 15,000 Square Feet of Commercial Use, 10,000 Square Feet of Community Facility Use and 5,000 Square Feet of Sales Center Use. (Public Hearing, adv. 9/30/98; Consideration of Second Reading and Adoption) XI. RESOLU'T'IONS: Resolution 87, 1998 - Consideration of Approval of an Amendment to the site Plan for PGA National Mobil Station. Resolution 94, 1998 - Consideration of Approval of the Pay and Classification Plan for 1998/1999 Fiscal Year. Resolution 108, 1998- Consideration of Approval of Golf Campus Site Plan. Resolution 109, 1998- Consideration of Re- Appointment of One Member to the Board of Trustees of the Police Officers' Pension Fund Board. Resolution 110, 1998- Consideration of Re- Appointment of One Member to the Board of Trustees of the Firefighters Pension Trust Fund Board. XII. ORDINANCES: (For Consideration of First Reading) XIII. ITEMS FOR COUNCIL ACTION: Proposed 1999 Tennis Fees XIV. ITEMS FOR DISCUSSION: 1. PGA National DRI Amendment 2. Non - Conforming Signs XV. CITY ATTORNEY REPORT: XVI. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact James Waldron, Jr., no later than 5 days prior to the proceeding at telephone number (407) 775 -8255 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL REGULAR MEETING SEPTEMBER 24, 1998 The September 24, 1998, Special Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Councilman Eric Jablin; Councilman David Clark, and Councilman Carl Sabatello. Vice Mayor Lauren Furtado was absent from the meeting. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. RESOLUTIONS Resolution 106, 1998 Councilman Clark made a motion to approve Resolution 106, 1998, Consideration of Approval to Declare State of Local Emergency. Councilman Jablin seconded the motion, which carried by unanimous 4-0 vote. PRESENTATIONS Dubin & Associates Brad Dubin introduced others present on behalf of Dubin & Associates. Mr. Dubin explained why they did not accept a 9- month extended contract, and expressed their desire to stay with the City. Mr. Dubin explained that Dubin & Associates was a local company which had increased sales and profits each year, and proposed refinancing the golf course debt at current low rates to save over $100,000 annually which could be spent towards building a much - needed clubhouse. Mr. Dubin reviewed a customer survey which had given the golf course high ratings, stated his company wished to stay as manager of the golf course, stressed the need for a new clubhouse, and explained the difficulty with hiring new personnel near the end of a contract term. A new clubhouse would enable the golf course to attract tournaments, which would generate more rounds and more money. Mr. Dubin stated the golf course needed a manager, who should be the person best - qualified for the job. CITY COUNCIL SPECIAL REGULAR MEETING, 9/24/98 2 Granite Golf Course Management M. G. Orender, President of Granite Golf Course Management, expressed his opinion that the present building was dirty, that additional personnel were needed to provide better service, that the golf course needed to be in better shape, and that beverage carts were needed to generate extra dollars. Mr. Orender explained that residents of the community could pay lower rates and other players could pay more to cover the extra costs: The facility should be marketed in such a way that people would feel they were getting a very good value for their money. Mr. Orender expressed his opinion that the golf course was doing well at present but believed his recommended changes and management could generate additional funds. Brian Jackson explained marketing procedures and how their company could immediately improve the level of service and therefore generate more profits. Mr. Orender suggested marketing which would target children and wives of golfers, changing the quality of the turf, cleaning and painting the buildings, improving the food, providing additional services, and expressed his opinion that these changes could be made with only small additions to the budget. Mr. Orender explained there was a cap on travel expenses not to exceed $500 per month. Mr. Orender estimated in a year under normal weather conditions the course could handle 90,000 rounds annually, with a minimum of 75,000 +. Mr. Orender explained it would take two seasons to improve the turf, and recommended a manager with golf pro experience and a' golf pro as separate positions for 12 -18 months, after which a business decision should be made whether to keep the golf pro. Meadowbrook Golf Management Michael Rippey, Executive Vice President, reported they had been successful in similar situations; were the largest golf management company in Florida, managing 40 courses; and were experienced in municipal golf courses. Goals would be to improve the golf course conditions, improve customer service, and improve the bottom line. David Miller explained operating procedures for accomplishing the goals. A 120 -day plan which would focus on proper training of personnel, weed and insect control, proper edging every two weeks, cleaning palmetto areas, increasing mowing frequency, adding flower beds, and resodding. A total quality management program for course superintendents was described. The company also had a distributor for supplies. Mr. Rippey discussed the high standards expected of municipal courses in today's market. Improving CITY COUNCIL SPECIAL REGULAR MEETING, 9/24/98 3 customer service, training personnel, upgrading the snack bar and pro shop, and expanding customer feedback were recommended. Mr. Rippey described how the company would train and involve personnel, upgrade facilities and service, upgrade food and beverage service, hold town hall meetings for golfers for their input, and survey golfers on the 18th green. The bottom line would be improved by taking care of the customer and providing exceptional service, and applying proper business strategies. Mr. Rippey reported their company had never not had a golf course management contract renewed. Personnel and cleaning up the golf course, adding flowers, etc., as discussed earlier would not require additional funds to be budgeted. Mr. Rippey reported a 5% gain in rounds the first year and an additional 5% the second year, and then steady gains in years 3, 4, and 5 in other similar situations. A goal of 70,000 rounds would be set as a 5 -year objective. The clubhouse would need upgrading which would require funds, however, they favored a 5 -year upgrade plan to be covered by increased income. This company recommended one person to fill the position of manager /golf pro, who would be chosen from existing personnel, people within the management company, or others, and would be approved by the City. No reimbursements for out -of- pocket expenses were included in the contract. AWARDING OF BID Awarding Bid for Management of the City's Golf Course All three proposers indicated they did not wish to be present at the discussion between the City Council and staff. Following the discussion, it was the consensus of the City Council to select Meadowbrook Golf Management Councilman Clark made a motion to authorize the City Manager to negotiate a contract for management of the municipal golf course with Meadowbrook Golf Management. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. Staff was thanked for their efforts in this matter. It was the consensus of the City Council to require reports regarding operation of the golf course twice a year. The three proposers rejoined the meeting and were thanked by Mayor Russo for their participation. Mayor Russo announced that the City Council had authorized the City Manager to negotiate a CITY COUNCIL SPECIAL REGULAR MEETING, 9/24/98 4 contract with Meadowbrook Golf Management. Mayor Russo commented that if negotiations did not work out with Meadowbrook that the City would feel comfortable negotiating with Granite Golf Management. ADJOURNMENT There being no further business to discuss the meeting was adjourned at 10:20 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK a PROCLAMATION WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings; . WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a cruse from the gods that people afflicted with this disorder held prophetic powers, Hippocrates believed that Epilepsy was a brain disorder; WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses; WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown; WHEREAS, Epilepsy can affect anyone, at any age and at any time; WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents; WHEREAS, with the administration of anticonvulsant drugs, two thirds (66.66 1/6) of those afflicted with Epilepsy are drug controlled, WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and prejudices; WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself; WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance; WHEREAS, studies carried out in the United States over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent; and WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of November. 1998 as EPII.EPSY AWARENESS MONTH in the City of Palm Beach Gardens, and encourage every citizen to learn more about this disorder. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Pahn Beach Gardens, Florida, to be affixed on this 15th of October, in the Year of our Lord, Nineteen Hundred and Ninety- eight. JOSEPH R. RUSSO, MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK COMMITTEE FOR EPILEPSY AWARENESS 6670 ROYAL PALM BLVD BLDG. K APT. 302 MARGATE, FLORIDA 33063 -2189 Jerry Pizza, Chairman (9S4) 984 -8319 October, 1998 Bill Naulty, Secretary (561) 798 -2798 Dear The month of November is "NATIONAL EPILEPSY AWARENESS MONTH". The Committee for Epilepsy Awareness would greatly appreciate your assistance in helping bring about an awareness of this disorder. Due to lack of correct information and an abundance of misinformation, people afflicted with Epilepsy have been discriminated against in all walks of life. It is our goal to remove the ancient myths, superstitions and prejudices associated with this disorder and educate people as to what Epilepsy is and what Epilepsy is not. Enclosed, please find a copy of our resolution. If your municipality participates in our awareness campaign, please send a copy of the resolution or proclamation to: Jerry Pizza — Chairman Committee for Epilepsy Awareness 6670 Royal Palm Blvd Bldg. K Apt. 302 Margate, Florida 33063 -2189 Thank you in advance for your interest in and concern for people afflicted with Epilepsy. Sincerely, 1998 Jerry Pizza Chairman PROCLAMATION WHEREAS, the National Association of Estate Planners & Councils is a group of professionals established for the advancement and enhancement of the estate planning industry; WHEREAS, it is critical for the estate planner to stay up- to-date in order to provide the most accurate and comprehensive planning techniques available to their clients; WHEREAS, the National Association of Estate Planners is holding their 35' Annual Conference in Palm Beach Gardens, hosted by the Palm Beach/Martin County Estate Planning Council and East Coast Planning Council; and WHEREAS, leading estate planning professionals from all around the country are in Palm Beach Gardens today to share ideas, provide insight and discuss recent developments that will affect estate planning in the future. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim November 5, 1998 as: ESTATE PLANNING DAY in the City of Palm Beach Gardens, and urge the citizens of this community to recognize and support this special day IN WTINESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 15'" day of October, in the Year of our Lord, Nineteen Hundred and Ninety - eight. JOSEPH R. RUSSO, MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK ion_ FIRST SECURITY TRUST COMPANY 'INVESTMENT COUNSELLORS AND FIDUCIARIES October 6, 1998 VIA FACSDU LE 561- 775 -8244 Mayor Joseph Russo 10500 North Military Trail Palm Beach Gardens, FL 33410 Dear Mayor Rinso: Attached is an e:uarnple of a Proclamation issued by the Mayor of the City of New Orleans proclaiming September 26, 1996 an Estate Planning Day as part of the National Association of Estate Planners 8t Councils 33rd Annual Conference which was held in New Orleans. The 35th Annual Conference is being held right here in Palm Beach Gardens at the PGA National Resort & Spa November 5 - 7, 1998. We are requesting that a Proclamation be issued proclaiming November 5, 1998 as Estate Planning Day in Palm Beach Gardens. It is my understanding that this request will need to be approved by the City Council at the next meeting which is scheduled for October 15, 1998. Attached is the Proclamation we are submitting for approval by the City Council. A hard copy will follow by mail to the above address. I am also enclosing the 35th Annual NAEPC Conference Program for your informaticin and review. We were hoping it would be possible, if your schedule permits, for you to personally present this Proclamation at the opening Continental Breakfast or at the Cocktail Reception and Dinner scheduled on Thursday, November 5. If not, please execute and return the Proclamation in the self - addressed stamped envelope, however, a reply would be appreciated. If you have any questions regarding this request, do not hesitate to call me at 561 -691- 1377. Sincerely, (loraine Tyler Executive Assistant Attachments OAKBROOK CORPORATE CENTRE 2000 PGA BOULEVARD, SUITE 3200 PALM BEACH GARDENS, FL 33408 (561) 691 -1377 - (561) 691 -1288 FACSIMILE CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 10/5/98 Auction of two City vehicles Subject/Agenda Item Karlin Daniels & Associates sell two City vehicles at next municipal Recommendation/Motion: - auction' Reviewed by: Originating Dept: Costs: $2 /a Council Action: City Attorney `L S Total [ J Approved__ . Finance ` $ n/a [ j Approved w Current FY ACM [ ] Denied Human Res. Advertised: yes Funding Scums- [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: y e s [ J Other yes Submitted by: �aQ [ ] Not Required Bob Patty Department Director Affected parties Approved by: U Notified City Manager � [ ] Not required BACKGROUND: See attached Budget Acct#:: [ J None •' CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS. FLORIDA 334104698 MEMORANDUM TO: Bobbie Herakovich, City Manager FROM: Bob Patty, Director of Public Works DATE: October 5, 1998 RE: City vehicles available for auction On Saturday September 12, 1998 the City held its annual auction, the results of which produced $66,674.00 to be placed into the City's general fiord. One of the 23 vehicles sold at this auction was returned and the City retained the 10% deposit as processing costs. The City has recently changed the policy regarding take home vehicles and due to this policy change there is an additional vehicle available for the auction. The next City held auction is scheduled for the fall of 1999. To avoid having these two vehicles sit unused for the full year, the auctioneer (Karlin Daniel & Associates, Inc.) has offered to auction these vehicles at the City of Port St. Lucie public auction tentatively scheduled to be held in October, 1998. Attached is the Declaration of Surplus asset sheet for the second vehicle. Public Works is asking Council to consider a Motion to send these two vehicles to the Port St. Lucie auction. cc: file City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 911 Date: Serial Number: 161 L ?53 7- .241MWf Department Historical Cost (cost when new): Description: 1 i �2 4 eroIel4,�"!ta Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete; no further value Disposal Method X To be sold at auction Traded in on newer model Other: Atant Direc or p��� `ance D recto r ' t City Manager Approved by Resolution #: Finance Department: Date removed: AW 14!� Ir RESOLUTION 107, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A DECLARATION OF SURPLUS ASSETS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens, Florida, has declared certain equipment as a surplus asset, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a Declaration of Surplus Assets requested by the Public Works Department for items setforth on Exhibit "A ", attached. SECTION 2. This Resolution shall be effective upon adoption INTRODUCED, PASSED AND ADOPTED THIS DAY OF OCTOBER, 1998 MAYOR JOSEPH R. RUSSO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO CITY ATTORNEY AYE NAY ABSENT 307'191 CITY OF PALM BEACH GARDENS 1011/98 6:58:39 AM Unit Detail by ID Unit ID: 200 -2000 Manufacturer: GENERAL MOTORS CORPORATI Fuel Type: 2 - Unit Desc.: . 92 CHEVROLET CORSICA Model: CORSICA Trans Cap: 0 Fleet ID: P&R Trans/Rear End: AUTO REAR WHEEL DRIVE Fuel Cap: 0 Year 1992 VIN Number 1G1LT53T2NY196449 Oi Cap: 0 License # 109916 State Decal #: Rear End Cap: 0 Install Date: Driver: Hydraulic Cap: 0 # of Ttres: 4 Two Size: Load Cap: 0 City Sticker#: Base Stoker #: Gross Weight 0 Account #: 01- 2000 - 519.9130 Original Cost: $0.00 Engine Number: Asset #: 9211 Salvage Value: $0.00 We in Years: 0 Open One: Open Two: On/Off Rd: Yes Current Meter. 88164 Direct Sub Torpil Sub Total Meter Fuel Qty Fuel Cost MPG Oct Qty . Oi Cost MPQ Parts Labor CPM Cost CPM MTD: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0000 0.00 0.0000 YTD: 88,164.00 611.00 543.79 14429 0.00 0.00 0.00 0.00 0.00 0.0000 543.79 0.0062 LTD: 88,164.00 611.00 543.79 14429 0.00 0.00 0.00 0.00 0.00 0.0000 543.79 0.0062 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: October 15, 1998 Subject/Agenda Item Consideration of approval for Petition SUBDIV- 98 -01, by Kevin P. Smith and Milli Smith, owners of 8766 Nashua Drive, are requesting plat approval for subdividing approximately 2.292 acres into two lots, adjacent to Horseshoe Acres. (23- 42S -42E) Recommendation /Motion: Staff recommends that Resolution //1, 1998 be approved. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Finance NA $ [ ] Approved condftiom ACM Current FY [ ] Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other Resolution , 1998 Recommendation from [ x ] Not Required City Engineer Submitte _ Growth Mianageme Dire or Affected parties [ ] Notified Budget Acct.#:: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Kevin P. Smith and Milli Smith, owners of 8766 Nashua Drive, are requesting plat approval for subdividing approximately 2.292 acres into two (2) lots. The newly created lots (shown on attached sheets dated September 20, 1998, and prepared by Mixon Land Surveying, Inc.) are adjacent to the Horseshoe Acres subdivision, which is located on the east side of the Florida Turnpike and the south side of Northlake Boulevard. Horseshoe Acres was annexed by the City of Palm Beach Gardens with the approval of Ordinance 35, 1998, and contains 153 lots, 9 of which are 2 or more acres in size. The site is zoned Residential Estates (RE), and has a future land use designation of Residential Low (RL). With this approval, two (2) lots will be created from a larger, pre- existing lot. The two (2) newly formed lots meet the standards and regulations of the RE Zoning District. RECOMMENDATION: Staff recommends approval for this petition. Gshort sdiv98 I 2 2 RESOLUTION 111, 1998 10/12/98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PLAT OF SMITH CORNER; PROVIDING FOR AUTHORIZATION TO EXECUTE THE MYLAR OF SUCH PLAT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Plat of Smith Comer; WHEREAS, the City Engineer has determined that the proposed plat meets all of the technical requirements of the City's Land Development Regulations and Chapter 177, F.S., and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The plat of Smith Corner consisting of two (2) sheets dated October, 1998, prepared by Mixon Land Surveying, Inc., attached hereto as Exhibit "A" is hereby approved. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of such Plat. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST LINDA V. KOSIER, CMC DAY OF OCTOBER, 1998. JOSEPH R. RUSSO,MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY RESOLUTION 85, 1998 PAGE 2OF2 VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT LINDAHI, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS. SURVEYORS & MAPPERS MEMORANDUM TO: Linda Kosier FROM: Tammy Jacobs DATE: October 12, 1998 SUBJECT: 8766 Nashua Drive, Horseshoe Acres (LBFH File No. 98 -0177) Enclosed please find the original executed photo mylar plat prepared by Mixon Land Surveying, Inc. Our Engineering and Survey Departments have reviewed and found satisfactory the technical aspects of the referenced plat in accordance with Chapter 177 Florida Statutes and the City of Palm Beach Gardens. We are therefore able to recommend City Council approval of the referenced plant. TJ c: Bobbie Herakovich Roxanne Manning Marty Minor P.TBGMEM0\0177m.doc POST OFFICE BOX 727 JUPITER, FLORIDA 33468 -0727 210 JUPITER LAKES BOULEVARD, BUILDING 5000, SUITE 104 (561) 746 -9248 FAX (561) 746 -0272 WEST PALM BEACH JUPITER STUART FORT PIERCE OKEECHOBEE RESOLUTION 112, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING REVISION #10 TO THE FLORIDA CONSTITUTION, AND ENCOURAGING ALL MUNICIPALITIES TO EDUCATE THEIR CITIZENRY ON THE IMPORTANCE OF AND NEED FOR THIS REVISION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Constitution Revision Commission (CRC) has proposed Revision #10, which amends Article VII, s. 3(a), (f) and (g) of the Florida Constitution; WHEREAS, this revision contains several issues of importance to cities, namely ex parte communications and revisions to tax exemptions; WHEREAS, if passed by the electorate, Revision #10 would provide greater local fiscal flexibility and unrestricted citizen access to local officials; WHEREAS, under the Constitution, the state and counties are immune from taxation, while municipalities are exempt only to the extent their property is used exclusively for public purposes; WHEREAS, a 1997 Florida Supreme Court decision mandates municipally owned sports facilities, airports and seaports to pay a property tax in addition to lease payments and intangible taxes on leased property; WHEREAS, Revision #10 authorizes the Legislature to exempt property of certain municipal and special district property when such land is used for airport, seaport, or public purposes; WHEREAS, the cost of collecting tangible personal property tax on mobile homes attachments, furnishings and fixtures on rental housing often exceeds the revenues derived from collections; WHEREAS, Revision #10 gives local governments the option of collecting personal property tax for attachments to mobile homes and certain residential rental furnishings; WHEREAS, Revision #10 assures citizens the unrestricted access to their locally elected officials to discuss issues likely to be decided by the officials; WHEREAS, this package of reform proposals would serve municipal governments well and all cities should work with their citizens to help public understanding of Revision #10 and the many benefits contained therein. RESOLUTION 112, 1998 PAGE 2 OF 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council hereby supports and endorses passage of Revision #10 to the Florida Constitution. SECTION 2. The City Clerk is hereby directed to disburse copies of this Resolution to each municipality in Palm Beach County and the Florida League of Cities, Inc. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF OCTOBER, 1998. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO MAYOR JOSEPH R. RUSSO Approved as to Form and Legal Sufficiency. City Attorney AYE NAY ABSENT FLORIDA LEAGUE OF CITIES JINC. Memorandum TO: City Officials . FROM: Kelvin Robinson, Legislative Director DATE: October 5, 1998 RE: Vote Yes on Revision 10 November 3'd is just a month away and we need your assistance to pass Revision 10!!! Enclosed is a packet of information that will help you better understand this issue and allow you to discuss it with others in your communities. We also have brochures, bumper stickers, buttons and other promotional material that may be helpful to you as well. If your city has not adopted a proclamation supporting Revision 10, it is crucial that you do so now. There is a sample proclamation enclosed in this packet If you have 'any questions regarding Revision 10 or need additional materials, please contact Sharon Berrian or. me at the League (800) 342 -8112. Thank you. 301 South Bronough Street ♦ Post Office Box 1757 ♦ Tallahassee, FL 32302 -1757 Telephone (850) 222 -9684 • Suncorn 278 -5331 ♦ Fax (850) 222 -3806 ♦ Internet: http: / /fcn.state.fl.us/flc/ Vote Yes On Revision 10 What does Revision 10 do? Revision 10: ✓ Stops a "new" tax. Eliminates taxes for property that is used for governmental or city purposes and allows the Legislature to waive taxes for other city property used for airport, seaport or public purposes. ✓ Encourages land conservation. Allows counties and cities to waive property taxes for lands used for conservation. ✓ Creates a fairer tax system. Allows counties to waive taxes for tangible personal property such as appliances, furnishings, fixtures in mobile homes and rental housing. ✓ Lets citizens talk to their local officials. Allows citizens to communicate with local officials outside of official hearings about land -use issues. How would Revision 10 benefit Florida, its cities and its citizens? Revision 10: ✓ Stops a "new" tax. Currently, cities do not pay taxes on public properties like airports and seaports. The Florida Supreme Court has allowed a tax to go into effect that would mean cities will have to start paying taxes on these public properties. This tax ult1mately would have to be paid by citizens unless Revision 10 is approved. ✓ Encourages land conservation. This revision allows local governments to give tax breaks to property owners when they use their property for conservation purposes. This is critical because the state simply cannot afford to pay to conserve all of Florida's sensitive lands. Experts believe this would help Florida preserve hundreds of thousands of acres for generations to come. ✓ Create a fairer tax system. Currently mobile -home owners must pay personal property taxes on items that are in their home —such as refrigerators —just because their home can be moved. The revision would treat the property of mobile -home owners the same as owners of other homes. This also would eliminate the costs of collecting this tax, which often can exceed the small amount that's actually collected. ✓ Lets citizens talk to their local officials. Courts have interpreted some Sunshine Laws in ways that keep citizens from meeting with officials except during public hearings. This revision would allow taxpayers to talk to officials about zoning matters and other issues without violating the law. �-jo , q — 0 1 F,- lik, a 11A Vj- K� 1C karrinkil, 4111 !lop RESOLUTION 99 -9 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES. INC SUPPORTING REVISION 010 TO THE FLORIDA CONSTITUTION. AND ENCOURAGING ALL MUNICIPALITIES TO EDUCATE Tim C3TryNNRY ON ME IMPORTANCE OF AND NPvn FOR THIS REVISION. WHEREAS. the Coastituaon Revision ('—;K; ---- (CRC) has proposed Rev; 010. whicb 2- !- -+--;g Article VII. t 3(a).(n and (g) of the Florida Cam; and WHEREAS. this mvK - -M. several issues of to eidm namely eu paste .,.......... i-14gns and revisions to tax atemodons; and WHEREAS. if passed by the electorate. Revision 010 would r..= &.-acr local Sawa fll,- !,sy and unresai' -M cid= access w local offseialr. and - WHEREAS. under the Comiumdon. the -±- and -�--�* --are im®e firm aaam while smmicipalitia at aw.,s.t only to tier -- '-'-"' dl property is used euhively forpabiie and WHEREAS. a 1997 Florida Saprene Court mandsoes mnuieipally owned sports faer'libm airports and seaports to pay a property axis additinal lease pay-- and iallalogibie motu an leased property; and WHEREAS. Ravisim 010 andiatim the Legislagm to co mpt property of rends municipal and special district property when such had n used for al seapom or r±?-; pugmc; and VIHERFAS. the oast of ooliectiog -%-hi- mom' property in on mobiae home atschmeae. f+- ---;e' —. and Sutures on natal luausiog ohm C=ab the revenues delved from collections: and WHEREAS. Revision 010 Siva local gov— the option of collating personal property tsar for —+* --,• w mobile boom and eeonia r-iA -- #;-; rental huniddW and WHEREAS, Revision 010 =am= - the nmatricted -- -== to their locally Aoo*.A officials to distauss issuer likely to be A---e-± -!--± by the offtciai:; and WHEREAS. this package of reform proposals would save --- ;4:t.al govcmmeaa wdl and all cities sbould work with tbeir..4i.. s to help public in & - ...ding of Ravition 010 sad the many !- �-�- -- contained therein. NOW THEREFORE. BE IT RESOLVED BY THE FLORIDA LEAGUE OF arum Dac- Section 1. That the League does haeby support and endorse passage of Revision 010 to the Florida C^-- - ; * --;^ -- and urge its members to adapt resolution: in support of the and to work for its a•M.«a,u passage, Section 2. That copies of this resolution shall be puvi-±- -± to the tale medi&and interested psrtia. PASSED AND ADOPTED by the Florida Lcape of inc,. in conference assembled at the F-+---;,-*;-- HUM Resod and Towers. Miami Beach. Florida. this 13+ Day of August 1998. • F of Cities. Inc J# Ma Graaactes U I /1e ,exhniba Twmin of CRU6 -5 ...... - Florida League of Cities. sac. Facts About A Proposcd RcOsion to the Floilida Constitution Facts about REVISION 10 a proposed revision to the FLORIDA CONSTITUTION For use by the news media and citizens groups and associations in deciding to support "The Fairness Revision" Proposed Constitutional Revision 10 restores a me-2cure of fairness in the way taxpayers, property owners and other citizens are treated under the law. It specifi"lly empowers the Legislature and local governments, rather than the Courts, to provide equal treatment to the people of Florida- Proposed Revision 10 addresses four local _ government issues: 4 Revision 10 protects mobile home owners and some apartment renters from double taxation on furniture, appliances and carports. ® Revision 10 restores the rights of citizens to discuss zoning issues with their elected officials outside formal hearings. © Revision 10 allows county government by local option to grant tax relief to property owners wanting to dedicate family land for conservation uses. ® Revision 10 stops Government from taxing Government ( and citizens from paying the bill) by granting tax treatment to cities and special districts similar to that now afforded only to counties and the state. Proposed Revision 10 AT A GLANCE Background SL Summary of The Revision Process and of what 10 will do for the People of Florida Alone of all the Stag, Florida every 20 years gives its Citizens the right to write their own rights. Only Florida provides a way for the people to revise their Constitution themselves, without having to endure the Legislative or petition process. This is done through a special panel called the Con- stitutional Revision Commission. This Commission is made up of 37 members, appointed by the Governor, Legislative leaders, and the Flo- rida Supreme Court. Once appointed, these Commissioners are on their own, not responsible in any way to the Govern- ment officials who appointed them. From the day of their appointment to the conclusion of their wm*, they rrpment the people of Florida, and they are answerable one to them. This Commission dil- igently worked for al- most a year, holding hearings all over the state, listening to the will of the people. Finally, they chose from the 154 subjects proposed to them for consideration as Revis- ions to the Constitut- ion, and placed nine proposed changes on the November ballot+ Four other revisions were added by the Legislature. These revisions ref ect the will of the people in keeping the Constitution up to date in this changing world. They seek to maintain our most basic document as a living guarantee of the covenant between Gov- ernment and the People it serves. One such change is Proposed Revision 10. It addresses fair treat- ment for taxpayers, property owners and local governments. Proposed Revision 10 AT A GLANCE Proposed Revision 10 would make three changes in the Florida property tax structure, and restore a basic right. 0 Counties will be able, by local option, to grant cer±nin ex- emptions to mobile home owners and some apartment renters for carports, storage sheds, awn- ings, and other tan- gible property they own or rent. This will protect many Floridians from double taxation. 0 Local governments .will be granted the option of giving tax relief to Floridians want- ing to dedicate family land for conservation use. This protects people who are faced with rising and often unaffordable tax bills as adjoining land is developed and the taxnhle value of their property increases. 0 Citizens will regain (Continued) their right to talk to their elected officials informally, outside official hearings, about pending zoning and land use matters without violating open meeting laws. 0 Cities and special tax districts such as airport and seaport authorities will not be taxed by counties for space they lease to businesses defined as serving a public purpose. When Government taxes Gov- ernment, the people pay the bill. Revision 10 empowers the Legis- lature to determine what businesses leasing city and special district pro- perty serve a public purpose. It also gives the Legislature the power to define the criteria for exempting certain business activities from property taxes. Most importantly, it restores tax - decision authority to the Legis- lature which has been increasingly pre-empted by the Courts. Revision 10 protects the people from double taxes, stops new taxes, saves family property, and restores the ` people's voice on zoning their communities. IT RETURNS TO THE ELECTED LEGISLATURE AND LOCAL GOVERNMENT POWERS NOW BEING PRE- EMPTED BY the COURTS FAIRNESS ISSUE #1 Revision 10 will protect people who live in mobile homes and apartments One of the most important protections Revision 10 will provide is to allow counties to exempt all accessories, attachments, furniture and fixtures on or in mobile homes from the tangible property tax, as well as rented appliances, furniture and fixtures included in small single- and multi - family rental facilities. This means that people who live in mobile homes and certain apartments will not be faced with a double tax ... sales tax when they buy or lease their furniture, appliances and attachments, and an ongoing anniml tangible property tax. Under present law, property appraisers must include this property on their tax rolls. Appraisers have requested this Revision because they agree this tax costs more to assess and collect than it raises in revenues. FAIRNESS ISSUE #2 Revision 10 will broaden the people's access to their elected officials In 1993, the Florida Supreme Court declared that the people of Florida may not discuss pending zoning issues with their elected officials outside a formal hearing, thus restricting access by citizens to those they elect to represent them. (Board of County Commissioners of Brevard ' County vs. Snyder). Revision 10 would restore that access, and broaden the voice of the people. When Revision 10 passes, individual citizens and neighborhood associations will again be allowed to meet informally with their elected officials about matters concerning the development of land adjoining their homes. Under present law, such contact is not allowed, and if it occurs, later decisions made by officials so contacted may be reversed, and the expressed majority interests of affected citizens thwarted. FAIRNESS ISSUE #3 Revision 10 will allow counties to grant tax exemptions to people willing to set aside their property for conservation Revision 10 creates a "win -win" sit - Nation. Many people own rural land that has b,-an held by their families for gen- erations, but Florida's explosive growth is greatly increasing its tAynhle value. Traditional landowners are facing the loss of their property because they cannot afford higher +sixes. The state wants to set aside more land for con- servation and enjoyment by future generations. Revision 10 would allow counties by local option to grant tax relief to people willing to dedicate their family land for con- servation use. Families could keep their land, and the state could count enormous gains in acreage preserved for the future. FAIRNESS ISSUE #4 Revision 10 grants similar tax treatment to cities and special districts (such as airports and sea ports) now allowed only to counties Recent Court decisions subject cities and special districts to nnxation by counties on property leased to businesses operating on governmental property, even if these businesses are serving a public purpose. This amounts to Governments taxing other Governments, and the people will pay the bill. Revision 10 grants Constitutional pro- tection to cities and special districts from taxation by counties, and gives to the elected Legislature the right to define public purpose and to determine which businesses are entitled to tax - exempt status under that definition. THE LIST OF SUPPORTERS OF PROPOSED REVISION 10 IS LONG AND GROWING. IT INCLUDES SUCH FLORIDA LEADERS AS: The Florida League of Cities The Florida_ Christian Coalitia�i The Florida Chamber Florida Tax Watch Gubernatorial Candidate feb Bush Gubernatorial Candidate Buddy MacKay The Florida Amdubon Society Central Florida Trades Council The City of Deerfield Beach The Florida Federation of Mobile Home Owners Aircraft Owners and Pilots Association (AOPA) The Air Transport Association The Florida Ports Council Airport Managers Association The Florida Aerospace and Aviation Alliance "YES ON TEN," 1- 850 - 222 -3100 PROPOSED CONSTITUTIONAL REVISION IS GOOD FOR FLORIDA ! ! REVISION 10 will give local governments the option of offering tax relief while at the same time maintaining local control and flexibility. It is NOT an unfunded mandate! REVISION 10 allows counties to give tax exemptions to people willing to dedicate their family land for conservation use, thereby saving their property from soaring taxes as adjoining development raises its assessed value. This will create a powerful tool for environmental preservation interests, and should result in more productive public/private partnerships. REVISION 10 will relieve the frustration many Florida citizens feel over the Supreme Court's "Snyder" decision that bars local officials from tallaing with voters about pending zoning and land use matters outside public meetings. The Revision will return the state to a higher level*' of accessabilty to, local government. REVISION 10 will provide sim- ilar tau treatment for cities and special districts to that now afforded only to counties as they seek to attract businesses to lease property through tax incentives. Existing discrep- ancies will be removed, and public purpose businesses leasing from cities and special districts will be treated the same as those leasing from counties. People Ask About Revision 10: DOES REVISION 10 EXFMPT Ar -l- GOVERNMENTAI-r -Y OWNED PROPERTY IN FLORIDA FROM TAXES? ABSOLUT FEY NOT I ! Revision 10 empowers the Legislature, NOT THE COURTS, to carefully evaluate the uses of government property leased by business and define which of those uses serve a public purpose. Only those businesses which meet the narrow criteria established by the elected Legislature will be granted exemptions. WONT GOVBRNMFNT BE LO010VG FOR WAYS TO RFPLACE THE TAXES THEY LOSE WHEN CI77ES AND SPECIAL DISTRICTS ARE EXFMPTFI3. AGAIN, NO ! Cities and special districts do not currently pay taxes on property they lease to public purpose businesses. Revision 10 will STOP a new tax that the veonle will ultimatelv have to Day. Revision 10 will keep County Government fi►om taxing City Gov- ernment, the people from having to pay the bill. WHAT ABOUT EXF4fPT71VG MOBIT F HOME OWNERS FROM TANGIBLF PROPERTY TAXES? WHO WILL MAKE UP FOR THAT? Property ?appraisers themselves want this exemption. They say it costs more to assess and collect this tax than the revenue it brings in/ WONT TAX EXFMPTIONS FOR PEOPTY DF13ICA77NG THEIR LAND FOR CONSERVA77ON TAKE LAND OFF THE TAX ROLLS? Yes, but this is far more than offset by savings the state will realize in not having to buy land for conservation. Slip Copy (Cite as: 1998 WL 598228 (Fla.App. 2 Dist.)) NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. THE SEBRING AIRPORT AUTHORITY; . Sebring International Raceway, Inc.; and The Department of Revenue, State of Florida, Appellants, V. C. Raymond McINI'YRE, Property Appraiser of Highlands County, Florida; and J.T. Landress, Tax Collector of Highlands County, Florida, Appellees. No. 9742707. District Court of Appeal of Florida, Second District. Sept. 11, 1998. Appeal from the Circuit Court for Highlands County; J. Dale Durrance, Judge. Paul R. Pizzo and Hala A. Sandridge of Fowler, White, Gillen, Boggs,' Villareal and Banker, P.A., Tampa, for Appellants Sebring Airport Authority and Sebring International Raceway. Robert A. Butterworth, Attorney General, and Joseph C. Mellichamp, III, Senior Assistant Attorney General, Tallahassee, for Appellant Department of Revenue. Larry E. Levy and Loren E. Levy of The Levy Law Firm, Tallahassee, for Appellee C. Raymond McIntyre. QUINCE, Judge. •1 The Sebring Airport Authority (the airport authority), Sebring International Raceway, Inc. (the raceway) and the Department of Revenue (the department) challenge an order of the trial court declaring section 196.012(6), Florida Statutes (Supp.1994), unconstitutional. We agree with the trial court and affirm. The raceway applied for an ad valorem tax exemption under section 196.199, Florida Statutes. Page 1 The property appraiser denied the exemption, and the raceway and the airport authority filed a declaratory judgment action in the trial court. All parties filed motions for summary judgment, and the. trial court granted summary judgment to the property appraiser and the department. I FN 1) This timely appeal followed. The facts of this case are not in dispute. The property is owned by the City of Sebring and leased to the raceway by the airport authority. The property is used as a racetrack with permanent seating, and annual races of vehicles are held there. This property was the subject of a prior appeal before this court involving a claim for an ad valorem tax exemption. We affirmed the trial court's denial of an exemption and the supreme court agreed. See Sebring Airport Auth. v. McIntyre, 623 So.2d 541 (Fla. 2d DCA 1993), aff d, 642 So.2d 1072 (Fla. 1994). The use of the property has not changed since the prior litigation. The statutory provision, sm ion 196.012(6), under which the raceway now claims an exemption was amended in 1994 and provides, in pertinent part, as follows: The use by a lessee, licensee, or management company of real property or a portion thereof as a convention center, visitor center, sports facility with permanent seating, concert hall, arena, stadium, park, or beach is deemed a use that serves a governmental. municipal, or public purpose or function when access to the property is open to the general public with or without a charge for admission. There is no doubt that the raceway fails within this provision of section 196.012(6). The question, however, is whether the legislature can by statutory enactment change the meaning of the term "governmental, municipal, or public purpose or function.' We agree with the trial judge that the language quoted above is an impermissible attempt by the legislature to create a tax exemption that is not authorized by the Florida Constitution. Article VII, section 3(a), of the Florida Constitution. provides for mandatory and permissive ad valorem tax exemptions as follows: All property owned by a municipality and used exclusively by it for municipal or public purposes shall be exempt from taxation. A municipality, owning property outside the municipality, may be Copr. 0 West 1998 No Claim to Orig. U.S. Govt. Works Slip Copy (Cite as: 1998 WL 598228, 01 (FIa.App. 2 Dist.)) required by general law to make payment to the taxing unit in which the property is located. Such portions of property as are used predominantly for educational, literary, scientific, religious or charitable purposes may be exempted by general law from taxation. •2 Thus, property enjoys a mandatory ad valorem tax exemption if the property is owned by the municipality, used by the municipality for a municipal or public purpose, and located within the municipality. See Dade County v. Pan American World Airways, inc., 275 So.2d 505 (Fla.1973). If the municipality chooses to lease the property and permits it to be used by some other entity, then the mandatory ad valorem tax exemption ceases. For other property, whether owned by a municipality or a private entity, the constitution permits the legislature by general law to provide an ad valorem tax exemption if the property is being used for educational. literary, scientific, religious or charitable purposes. [FN2] However. there is nothing in article VII. section 3 that allows the legislature to exempt from ad valorem taxation municipally owned property or any other property that is being used primarily for a proprietary purpose or for any purpose other than a governmental, municipal or public purpose. To the extent that section 196.012(6) attempts to exempt from taxation municipal property used for a proprietary purpose, the statute is unconstitutional. [FN3] The classes of property that may be exempted from ad valorem taxation are outlined in the constitution and include .property used predominantly for educational, literary, scientific, religious or charitable purposes; businesses under a community and economic development project; renewable energy source devices and the property on which such devices are installed; and, property falling under the historic preservation provisions. Article VII, section 3 does, however. authorize the legislature, through enactment of general laws, to provide for these permissive exemptions from ad valorem taxation. No other exemptions may be enacted by the legislature because the constitution is a limitation on the power of the legislature. See Franks v. Davis, 145 So.2d 228 (Fla.1962). Thus. the specification of these permissible exemptions in the constitution excludes any other exemptions. See Hillsborough County Aviation Auth. v. Walden, 210 Page 2 So.2d 193 (F1a.1968); Franks v. Davis. The legislature cannot change the tax exemption provisions of the constitution and cannot exempt a class of property for which the constitution makes no provision. See Daytona Beach Racing & Recreational Facilities Dist. v. Paul, 157 So.2d 156 (Fla. lst DCA 1963), quashed on other grounds. 179 So.2d 349 (Fla. 1965). The legislature, therefore, presumably in recognition of this limitation, chose instead to attempt to redefine the term 'governmental. municipal or public purpose or function.' We recognize that the legislature may refine and redefine broadly defined terms and concepts in the constitution. Any such refinement or definition must not, however, conflict with the constitution. Cf. Alexdex Corp. v. Nachon Enterprises, 641 So.2d 858 (Fla. 1994). The legislature may in fact declare what is a municipal purpose but such an enactment is subject to the provisions and principles of organic law. See City of Tampa v. Prince, 63 Fla. 387, 58 So. 542 (Fla.1912). The supreme court addressed the limitations on the legislature when redefining constitutional terms in Department of Revenue v. Fla. Boaters Assn, 409 So.2d 17 (Fla.1981). In Florida Boaters, the court said: '3 While the constitution gives the Legislature the authority to define 'boats' and the other species of property excluded by article Vll, section l(b) frort ad valorem taxation, the authority is not unlimited and must be exercised in a reasonable ma0ber. The flexibility thus granted to the Legislature does not empower it to depart from the normal and ordinary meaning of the words chosen by the framers and adopters of the constitution. See, e.g., State v. Florida State Improvement Commission, 47 So.2d 627 (Fla.1950); City of Jacksonville v. Glidden Co.. 124 Fla. 690, 169 So. 216 (1936). 409 So.2d at 19. The legislature's redefinition of the term in this instance must fail because the redefined term conflicts with the 'normal and ordinary meaning' of the phrase 'governmental, municipal or public purpose or function.' .Our constitution recognizes that there arc differences between governmental /municipal and proprietary functions or purposes. See Art. Vlll. § 2, Fla. Const. Municipal purposes generally relate to the health, morals, safety, protection or welfare of the municipality and its citizens. See City of Boca Raton v. Gidman. 440 So.2d 1277 (Fla. 1983); State Copr. C West 1998 No Claim to Orig. U.S. Govt. Works Slip Copy (Cite as: 1998 WL 598228, 03 (FIa.App. 2 Dist.)) v. City of Jacksonville, 50 So.2d 532 (Fla. 1951); Basic Energy Corp. v. Hamilton County, 652 So.2d I237 (Fla. lst DCA 1995). A governmental function has been defined as one having to do with the administration of some phase of government, that is. exercising or dispensing some element of sovereignty, and a proprietary function has been defined as a function designed to promote the comfort, convenience, safety and happiness of the citizens. See McPhee v. Dade County, 362 So.2d 74 (Fla. 3d DCA 1978). The operation of a racetrack does not specifically relate to either the health, morals, safety, protection or welfare of the municipality or its citizens. While it may be desirable to have such a facility and the facility may have an impact on the well -being of some of the citizens, such ancillary effects do not make the operation one that serves a municipal purpose. The constitution, in article VII, section 3, clearly mandates the exemption from ad valorem taxation of municipal property owned and used by the municipality for governmental pure —s, but only allows the legislature to exempt from ad valorem taxation other property used for educational, literary, scientific, religious or charitable purposes, purposes generally considered eleemosynary in nature. The use of the property appears to be the determinative factor in favor of exemption. There is nothing in the constitution which purports to exempt property, whether owned by a municipality or a private entity, when the property is being used primarily for a proprietary purpose. The Florida Supreme Court has recognized that the use of the property, in addition to ownership, is the determining factor when considering whether a statutory tax scheme passes constitutional muster. In Williams v. Jones, 326 So.2d 425 (Fla.1975), the court affirmed orders of the trial court which upheld the county appraiser's assessment of ad valorem taxes on commercial and residential lessees of publicly -owned property. In so doing the court said: •4 The operation of the commercial establishments represented by appellants' cases is purely proprietary and for profit. They are not governmental functions. If such a commercial establishment operated for profit on Panama City Beach, Miami Beach, Daytona Beach, or St. Petersburg Beach is not exempt from tax, then why should such an establishment operated for profit on Santa Rosa Island Beach be exempt? No rational basis exists for such a distinction. The Page 3 exemptions contemplated under Sections 196.012(5) and 196.199(2)(a), Florida Statutes, relate to "governmental - governmental' functions as opposed to ' "governmental - proprietary' functions. With the exemption being so interpreted all property used by private persons and commercial enterprises is subjected to the taxation either directly or indirectly through taxation on the leasehold. [emphasis in original] Thus all privately used property bears a tax burden in some manner and this is what the Constitution mandates. [emphasis added] Williams, 326 So.2d at 433. Although the case before us does not involve the same type of commercial enterprises found in Williams, IFN41 the same principles are applicable in this situation. The airport authority and the raceway argue that the supreme court's decision in Poe v. Hillsborough County. 695 So.2d 672 (FIa.1997), supports the argument that the legislature properly construed the term 'governmental, municipal or public purpose or function.' We disagree. The Pte case involves the court's determination of a proposed bond issue by Hillsborough County and the City of Tampa for a community stadium. The court was concerned with whether or not a particular clause in a stadium lease, which granted the local football team the first S2 million dollars in net revenues from nonfootball events, would ,change the purpose of the project. It was in this context that the court validated the proposed bond issue. In the instant case, the entity seeking a tax exemption is a raceway. Although the raceway operates on property owned by a governmental unit, the airport authority, the operation of the raceway is a purely proprietary, for profit, venture with no governmental/municipal functions. Any argument that the operation is in the public interest and thus serves a public purpose by creating jobs and generating sales tax must be rejected. Such an argument is equally applicable to a number of private enterprises, enterprises located on property leased from a governmental entity and on property owed by private parties, yet the enterprise on private property would not enjoy an exemption from ad valorem taxation. For example, a racetrack with the same type of operation and physical facility as the Sebring International Raceway but located on property that is not leased from a governmental unit would not be entitled to an ad valorem tax Copr. 0 West 1998 No Claim to Orig. U.S. Govt. Works Slip Copy (Cite as: 1998 WL 598228, 04 (Fla.App. 2 Dist.)) exemption. Why then should this racetrack because of its location on government owned property have a tax advantage by being granted an exemption? •S Even property that is owned by a municipality but used by it for other than a governmental purpose loses its tax exemption. When the government operates in other than its governmental capacity, i.e., in a proprietary capacity, it too must carry its share of the tax burden. This issue was addressed by the supreme court in Markham v. Macabee Ines.. Inc., 343 So.2d 16 (F1a.1977). There, the court reversed a ruling by the Fourth District which allowed a tax exemption to a theater that was located on property owned by a city but leased to a for - profit entity. Accord Volusia County v. Daytona Beach Racing & Recreational Facilities Dist., 341 So.2d 498 (F1a.1976). Property owned by a governmental unit and leased to a proprietary entity must pay its fair share. As the court noted in Daytona Beach: Other statutory provisions exempt privately held leaseholds of governmental property from taxation 'only when the lessee.' Section 196.199(2xa), Florida Statutes (1975), 'is demonstrated to perform a function or serve a governmental purpose which could properly be performed or served by an appropriate governmental unit, or.. which would otherwise be a valid subject for the allocation of public funds.' Section 196.012(5), Florida Statutes (1975). The lessee in the present case does not serve a governmental purpose. The Corporation's operation of the speedway 'is purely proprietary and for profit.' Williams v. Jones, 326 So.2d 425, 433 (Fla.1975)(reh. den. 1976). The Corporation exists in order to make profits for its stockholders and uses the leasehold to further that purpose. This use is determinative: 'It is the utilization of leased property from a governmental source that determines whether it is taxable under the Constitution.' Straughn v. Camp. [FNS] supra, at 695. Daytona Beach, 341 So.2d at 502. The same is we Page 4 for the racetrack involved in this case. The operation of the Sebring International Raceway is a for - profit, Proprietary activity despite the legislature's attempt to blur the distinctions between proprietary and municipal purposes. We, therefore, affirm the trial court's ruling that the 1994 amendment to section 196.012(6), is unconstitutional. PARKER, CJ., and CAMPBELL, J.. concur. FN I. Although summary judgment was granted to the department and the department argued the raceway was act entitled to an exemption frotn ad valorem taxation. the dgl=Vnc tt is an gVellim in this case because it maintains that the sisu to in constitutional and that the trial court did not have to address the constitutional issue. FN2. Other subsections of this constitutional provision give the legislature the power to exempt property under a business development provision. an energy provision and hionric . preservation provisions. None of these provisions are a ppr=dde to the facts of this case. FN3. We also agree with the trial court that the property involved in this litigation falls squarely within the quitted provisions of section 196.0120. and this case cannot be resolved witiwwe determining the constitutionality of the statutory provision. FN4. The appellants leased property from the Santa Rosa island Authority and operated such enterprises as barber shops, plumbing businesses. beauty shops. laundries, rental cottages. motels. restaurants and campgrounds. FNS. Stnughn v. Camp. 293 So.2d 689 (Fla. 1974). END OF DOCUMENT Copr. 0 West 1998 No Claim to Orig. U.S. Govt. Works W m a W Q Q ■ Cl) W Ruling could end'arenas' tax -free status ■ An mveals court saps city facilities lose their tax exemption when they are leased to for -profit businesses. By CURTIS KRUEGER and KM ± Y RYAN rM,aastanwreara Trunks to a recent court ruling, governments that own sports arenas such as Tropicana Field or Raymond James Stadium could begin wrestling with a problem faced by the average homeowner. How to pay the property tax bill. The 2nd District Court of Appeal ruled last week that the Sebring Inter- national Raceway, which sits on gov- ernment land, is not exempt from prop- erty taxes because it is a for -profit venture with no "public purpose." Cities across the state are watching the broad ruling because it could affect many other businesses that operate on city-owned land, such as marinas, ports, airports and sports stadiums. A key point in the ruling is that city facilities lose their tax exemption when they are leased or turned over to private, for -profit businesses, such as professional sports franchises. 'Me ruling has wide implications for every for -profit entity that leases from a government agency," said Paul R. Pizzo, a Tampa attorney who helped represent the raceway and the Sebring Airport Authority, which leases the land to the raceway. 'The ones that immediately come to mind are the sports facilities." If it stands, the ruling could be a blow to St. Petersburg officials. who thought that Tropicana Feld, the home of the Tampa Bay Devil Rays, was protected from taxation. A law - passed by the Legislature in 1994 said Please see TAX 48 0 St. Petersburg Times, 1998 .A • x,Q— z 'S 3 Z w Y �j � gAe �3 3 "a.- dc0 of o`E c._ �cE of ° =—a g� m0eo•�1,„C ',30 .fl °�� «�9°Em uc.°�a+e ;:mad E 2•0-1 c946E v •� .� .5 v o o u .o -c EE �E ° u � � C� - S '� �a �� � POA �� E emu= u;��gg� � E� � a.c� c�?�eo 2U E '�,3'i $ $'c o c �.3•v 12 �- �U �N � =971.2 ' C6 � a, t�A S ` 8B > mX— {►+q� ,� 3"' vUY Op�� m CYi C m 0 Ow' G c« u eon CAE., or° 3 ad a0 °O mm °e >C 03$ usu -4woE�o'c�i`° =u�,w' ca'o St. Petersburg Times, 1998 ep t�1 E u=€ C O.^ E •fl Lr N t0 C u Uyc� C -0W-uER�N t� 3� Q .- au 3 'J �iaue 'C a cre ctnc°a C TaL. ° u,o C y u t9 u ESE- VJ o c m C N� t X Opm"'� o. CO cc S Eoc�c�03: c �2 cc •°'�o,u c go 2.4 •cv Sao Eu o, u u• cc bo C C� �QZ .r3 O O.!•� v,� an.. '- u A� C E eE u su o E c� .v '"' rte" _ °v -SQ-=c 3 V 3 v t >. `u o0 'fl uuua._ou `o° . _o cc W x t� u = C GO J f� O C y•C3 t y L. E u.+ 0.0 O N O Ol m N'O 7 g' C �'^ .=E is r;•fl u A O C= 2: 3G 0 nEiU St. Petersburg Times, 1998 PROPOSING SOLUTIONS TO THE PROPERTY TAX STRUCTURE AND TIC RIGHT OF CrnzENs TO CONTACT LocAL ELEcrED OFFicum by Martha Barnett and Fred Maglione Ballot Title. Local and Municipal Property Tax Exemptions and Citizen Access to Local Officials Ballot Summary: Broadens tax exemption for governmental uses of municipal property, authorlees legislature to exempt certain municipal and special district property used for airport, seaport, or public purposes, permits local option tax exemption for property used for conservation purposes; permits local option tangible personal property tax exemption for attachments to mobile homes and certain residential rental furnishings, removes limitations on citizens' ability to communicate with local officials about matters which are the subject of public hearings. bridal is a democracy in which every parcel of property is expected to bear its due portion of the burden of government, unless exempted by the Legislature... n The 'unless exempted' clause of Justice Sundberg's statement has caused disagreement among the Florida courts and the Legislature for many years. This is par- ticularly true when the property is owned by a govern- mental entity. It is further complicated when the govern- mental property is used by a private entity for profit mAlrinv purposes. What use of governmental property is entitled to a tax exemption? Does the property lose its exemption if the government leases it to a private entity? Where does property owned by a special district fit into the equation? Which controls: ownership or use? Can coun- ties and municipalities provide a property tax exemption for property used for conservation purposes or for the tan- gible personal property of persons who live in mobile homes? These are some of the questions that the Consti- tution Revision Commission (CRC) addressed in proposed Revision 10.2 Revision 10 is one of the more involved of the nine revi- sions proposed by the CRC. It encompasses several dis- tinct constitutional provisions which will be discussed separately. Briefly, they are as follows: • Broadens the existing ad valorem tax exemption for municipalities. • Authorizes the legislature to exempt certain governmen- tal property used by nongovernmental entities for airport, seaport, or public purposes. • Permits local governments to exempt property used for conservation purposes. • Permits local governments to exempt tangible personal property attached to mobile homes and certain residen- tial rental housing. • Removes barriers to citizens' ability to co— unicate . with local officials about matters which are the subject of public hearings before their respective boards or co--i— sions. This article explains the current law and the reasons that the CRC has suggested the proposed revisions. Broadening Tax Exemptions for Municipalities The Florida Supreme Court has deter -ined that the state and its political subdivisions are immune firom taxa- tion. Political subdivisions are, however, limited to coun- ties and school boards. Municipalities, according to the Florida Supreme Court, are not political subdivisions of the state and do not enjoy the same i*n -une status.' More- over. the Court has determined that the Legislature does not have the authority to determine which governmental entities are political subdivisions.• Property owned by the state or a political subdivision is "immune' from taxation regardless of its use. As a result. it is immune even if, for example, the property is leased to a private per- son for profit - making purposes. Mu- nicipal and special district property, on the other hand, is "exempt" from taxation, but only when such prop- erty is used exclusively for govern - mental or public purposes.$ The Florida Supreme Court has inter- preted this exemption narrowly, ap- plying a` governmental- governmental' versus "governmental - proprietary" test to determine whether a particular municipal or special district property is exempt or not exempt. Essentially, • these tests require that government - owned property that is leased to pri- vate persons be subject to ad valo- rem taxation if the property is not used'esclusioely' by the govern —en- tal entity for 'municipal or public purposes." As a result, municipal ` property used for hotels, utilities, leased office space, and other busi- ness purposes is subject to ad valo- rem taxation while similarly situated property owned by the state or a po- litical subdivision is immune from taxation. The CRC has addressed this disparity of treatment by proposing an amendment that ali- in-tes the i requirement that the property be used 'exclusively' by a municipality for a municipal or public purpose. If adopted, municipal property will be exempt from ad valorem taxation, even if leased to a private entity, so long as it is used for a governmental or municipal purpose, whether or not jsuch use is also for a private profit- mnkirg purpose, Authority to Define "Public Purpose" The distinction between tax immu- nity and exemption for government property has created a significant disparity between properties owned by counties (immune from tax re- gardless, of use) and properties owned by cities or special districts (exempt only if used exclusively for a munici- pal or public purpose). Thus, county- ; owned seaport and airport property is immune from ad valorem taxation, including those portions that are leased to private persons and used for any purpose, while seaport or air-_ port property owned by a municipal - This differential treatment gives county -owned airports and seaports a competitive advantage over those owned by a municipality or special district. ity or sp-- *al district (such as a port authority) and leased to private en- tities is subject to ad valorem taxa- tion unless used exclusively for a municipal or public purpose. This differential treatment gives county - owned airports and seaports a com- petitive advantage over those owned by a municipality or special district. An example of this disparity occurred in 1997, when the Tampa Port Au- thority was assessed for ad valorem taxes but the Port of St. Petersburg, just across Tampa Bay, was nolL' The CAC concluded that govern- ment property used for airport, sea- port, or public purposes should re- ceive the same ad valorem tax treatment regardless of which gov- ernmental entity actually owns a property. To this end, the CRC pro- poses in Revision 10 to add the fol- lowing sentence to Article VII, sec- tion 3(a) of the Florida Constitution: All property owned by a municipality not otherwise exempt from --lion or by a special district and used for airport, me- port, or public purposes, as defined by general law, and uses that are incidental thereto, may be exempted from taxation as provided by general law$ Additionally. the proposed amend- ment removes the determination of "public purpose" from the judicial arena and places it within the legis- lative branch. If adopted, it will al- low the Legislature to determine when activities undertaken by pri- vate persons on property owned by cities or special districts serves a public purpose so as to warrant a property tax exemption. Exempting Land Used for Conservation Purposes The Florida Constitution man- dates that all properties be assessed for ad valorem tax purposes at their "just value.° Certain enumerated exemptions exist. These exemptions are based on the character or use of the property and include homestead property, agricultural land, aquifer recharge land. and property used for noncommercial recreational pur- poses -10 Revision 10 would add land used for conservation purposes to the current, limited list of authorized exemptions. Exemption from tar would not be the automatic result for such prop- erties. Revision 10 wddn- a new sub- section M to Article VII, section 3 as follows: 'A county or municipality may be authorized by general law to grant ad valorem tax exemptions for real property used for conservation purposes as defined by general law" This language authorizes the Leg- islature to create an ad valorem tax exemption for conservation proper- ties but does not mandate that such an exemption he enacteli. Even if authorized by the Legislature, it would be left to the local goven±mpnt to actually implement the exemption. The Legislature would also be re- sponsible for defining; the scope of this exemption. Exempting Certain Tangible Personal Property The constitutional mandate that all property be subject to ad valorem taxation is not limited to real prop- erty — tangible personal property is also subject to tax unless constitu- tionally exempted." Article VII, sec- tion 3(b), of the Florida Constitution exempts household goods and per- sonal effects to the value fixed by general law (but no less than $1,000). By general law, the Legislature has provided that household goods and personal effects are completely ex- empt from ad valorem taxation.12 Under the current law, however, this exemption does not extend to mobile home appurtenances or attachments THE FLORIDA BAR JOURNAUOCTOBER 1998 55 or to goods and furnishings owned by rental facilities." Because all exemp- tions must arise from the Florida Constitution, the CRC proposes to eliminate the differential ad valorem tax treatment imbedded in the cur- rent law by adding a new subsection (g) to Article VI, section 3 *of the Florida Constitution. This new sec- tion would read: In addition to any other exemption granted to tangible personal property, a county may exempt all appurtenances and attachments to mobile home dwell ings that are classified as tangible per- sonal property and all appliances furni- ture, and fixtures classified an tangible personal property which are included in single-family and multi-family residen- tial rental facilities that have ten or fewer individual housing units, as provided by general laveThe general law shall require the adoption of the exemption on a county - option basis and may sped& con- ditions for its application." In addition to substantially alivni_ nating differential treatment of citi- zens based on the type of dwelling, this proposal will also eliminate un- necessary administrative costs in- curred in the valuation and taxation of this property. s Reducing Restrictions on Communications The 6­1 component of Revision 10 allows citizens greater access to their local government offcials The mul- tiple functions performed by county commissions or city councils has led to recent confusion and uncertainty. The 1991 Third District Court ofAp- peal decision in Jennings u. Dade County, 589 So. 2d 1337, 1341 (Fla. 3d DCA 1991), listed conditions that citizens and government officials must follow to ensure due process for all parties in a quasi-judicial pro- ceedings before the co— insion, such as a zoning. matter. Specifically, the court held ex parts communications by one party to a member of the gov- ernmental body outside an official hearing would be presumed to be prejudicial."' Two years later in an- other case, Board of Commissioners of Breuard County a Snyder, 627 So. 2d 469, 474 (Fla. 1993), the Florida Supreme Court expanded the poten- tial reach ofJennings by holding that most rezoning decisions are quasi- judicial in nature. Thehe two opinions have left a great deal of uncertainty. Frustrated by these recent deci- sions, members of the public as well as local officials recommended a con- stitutional amendment to allow citi- zens to be able to continue to contact their local government otiirialn. As a result, the CRC has recommended that a new subsection 7 be added to article VIII to read, 'Me people shs,ll have the right to address a local gov- ernment public official without re- gard to ex parte !Y+**+** -unit ations con- siderations, In a manner consistent with ethics laws.'" This provision would provide the public the constitutional right, con- sistent with ethics law restrictions, to address local government officials on zoning, land use, and other quasi - judicial matters without regard to ex parts co**_+r�unications. Deciding the Outcome at the Polls Although consisting of several dis- tinct components, Revision 10 will be presented as a single package in No- vember Many voters may not realize the probla+A with the current consti- tution. For -- rnple, some may be sur- prised that under present lavK one gov. ernmental entity — a county — can tax another govern —tal entity — a city — for airport and seaport activi. ties or other public purposes unless the activities occur on state or coumtyprop- erty. Most voters probably do not know that their conversations with their lo- cal elected officials might be subject to the rules prohibiting such 'ex parte oa--- unicsitons as to specific matters. By voting 'yes' on Revision 10, a voter authorizes the legislature to extend property tax exemptions to airports, seaports, and other munici- pal and special district owned prop. erty used for public purposes as well as to property used for conservation purposes.A'yes' vote also authorizes counties, by local option, to grant ex- emptions for mobile home attach- ments and personal property located within certain residential rental units. A"yes' vote will also eliminate many of the restrictions that cur- rently prevent a concerned citizen from speaking freely with a local gov- ernmental official. It was the public who brought most of these issues to the attention of the CRC, and it will be the public who makes the final decision about Florida's future in November. O ' Justice Alan Sundberg, a member of the 1997-98 Florida Constitution Revi- sion Commission, wrote these words in Williams a Jones, 326 So. 2d 425, 429 (Fla. 1975). *Revision 10 encompasses versions of 1Proposals 49,96,103,112, 124, US, and s See Capital City Country Club v. Tucker, 613 So. 2d 448 Ma. 1993); City of Orlando a Hausman, 534 So. 2d 1183 (Fla. 5th D.C.A. 1988). 4 Canaveral Port Authority Depart- ment of Revenue, 690 So. 2d 1226 (Fla. 1996). • FLL Cons. art. VII, *3(a). Sw Williams a Jams, 326 So. 2d 425 (F1a.1975). 7 See Fla. H.R. COMM ON BUS. DEV. l4n rLTRADEADVALOREMTAXAS- SESSN E M ONAIRMMSEAPORTS (1977) (on file with C-- ) Fla. CRC Rev. 10 (1998) (proposed Fla. ComT. Art. VII 13(a)). • Fu. Comar. Art VII, $4. "See Id See also Fu. Conar. Art VII, " Fla. CRC Rev. 10 (1998) (propossdFG Cww. Art VII, 130)). a See Fu. Cotar. Art VII, §4. See also Cording a Herzog, 467 So. 2d 980;982- 983 (Fla. 1995). " FL►. STAT. §196.18L " FLu. SaT. ¢192.001(i1Xa). " FL. CRC Rea 10 (1998) (proposed Fu. CoNrr. Art. VII. 13(g)). " Asoordin-a to the, Property Appraiser for Orange County, passing this proposal will eliminate approximately 40 percent of the time and effort spent handling tax ass --ents with a reduction in tax rev- enue of less than one percent. " See Jennings a Dade County, 589 8% 2d 1337,1341 (Fla. 3d D.C.A. 1991). " Fla. CRC Rev. 10 (1998) (proposedFLo- Coxsr. Art. VIII, $7). Martha Barnett is a member of the 1997 -98 Constitution Revision Comnus- sion and a partner in the lam firm of Hol- land & Knight LLP in Tallahassee. She received her undergraduate degree front Newcomb College, ?Lone University in 1969 and graduated from the University of Florida College of Lam in 1973. Fred Maglione received his under graduate degree from Florida State Uni- versity in 1995 and currently is in his third year of lam school. September 24, 1998 ORDINANCE 19, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 11, 1995 AS AMENDED, WHICH APPROVED A PUD /SITE PLAN FOR THE HIBISCUS RESTAURANT, FORMERLY KNOWN AS THE BRIDGE CENTER GENERALLY LOCATED AT THE NORTHWEST CORNER OF PGA BOULEVARD AND ELLISON WILSON ROAD, BY AMENDING THE LANDSCAPE PLAN; PROVIDING FOR APPROVAL OF THE EXTERIOR COLOR CHANGE AND WALL SIGN COLORS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved the construction of a 395 seat restaurant by adoption of Ordinance 11, 1995; WHEREAS, the City Council amended Ordinance 11, 11995 by amending the site plan and landscape plan pursuant to Ordinance 37, 1997; WHEREAS, an application has been submitted by PGA Summers Associates to amend Ordinance 11, 1995 as amended by Ordinance 37, 1997 by amending the landscape plans and by repealing and replacing Condition 11 in Section 3 of Ordinance 11, 1995; and WHEREAS, the City's Growth Management Department has reviewed this application and has determined that the proposed petition is consistent with the City's Comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of Palm Beach Gardens hereby approves an amendment to Ordinance 11, 1995, as amended by Ordinance 37, 1997 to amend the approved landscape plan for the Hibiscus Restaurant, and to approve the exterior color change, and the wall sign colors. Section 2. Said approval shall be consistent with plans on file with the City's Growth Management Department as follows: 1. July 27, 1998 The Hibiscus Center Landscape Plan by Team Plan, Inc. Sheets LP -1 and LP -2. 2. The Hibiscus building exterior colors and the sign color paint legend dated October 1 s , 1998. Section 3. The amended landscape plan shall supersede the existing landscape plan. Section 4. Condition 11 of Section 3 of Ordinance 11, 1995 is hereby repealed in its entirety and replaced with the following condition: 1. Prior to issuance of the Certificate of Occupancy, applicant, its successors and /or assigns, shall install landscaping within the PGA Boulevard right -of- way located adjacent to the southern property line. Applicant, it successors and /or assigns shall, thereafter, be responsible for maintenance of said landscape. The installation and maintenance shall be consistent with the approved landscape plan and with all requirements of the Florida Department of Transportation. The applicant shall be responsible to obtain all permits and /or easements necessary for said installation and maintenance. Section 5, All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of their conflict. Section 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 17 DAY OF SEPTEMBER, 1998 PLACED ON SECOND READING THIS DAY OF OCTOBER, 1998 PASSED AND ADOPTED THIS DAY OF OCTOBER 1998 MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO Ordinance 19, 1998 Page 2 COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO Ordinance 19, 1998 Page 3 September 28, 1998 Amendment 1 to Ordinance 19, 1998 The text of the proposed Ordinance 19, 1998,as approved on first reading, shall be amended as follows: A. Amend the title of Ordinance 19, 1998, by inserting " exterior color change and" before the words "wall sign colors "; so that it shall read: "AN ORDINANCE OF THE CITY THE CITY COUNCIL OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 11, 1995 AS AMENDED, WHICH APPROVED A PUD /SITE PLAN FOR THE HIBISCUS RESTAURANT, FORMERLY KNOWN AS THE BRIDGE CENTER GENERALLY LOCATED AT THE NORTHWEST CORNER OF PGA BOULEVARD AND ELLISON WILSON ROAD, BY AMENDING THE LANDSCAPE PLAN;-PROVIDING FOR APPROVAL OF THE EXTERIOR COLOR CHANGE AND WALL SIGN COLORS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." B. Amend Section 1 by inserting, on the third line, after the word "approve" and before the word "the ", the following: " the exterior color change, and "; so that it shall read: "The City Council of Palm Beach gardens hereby approves an amendment to Ordinance 11, 1995, as amended by Ordinance 37, 1997 to amend the approved landscape plan for the Hibiscus Restaurant, and to approve the exterior color change, and the wall sign colors. C. Amend Section 2 (2) by inserting after the word "Hibiscus " and before the word " the" the following: "building exterior colors and ", and delete the date "August 24, 1998" by adding after the word "date" but before the period, the following "October 15 , 1998" ; so that it shall read: "The Hibiscus building exterior colors and the sign color legend dated October 15 , 1998." CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: October 15. 1998 Revised: Seutember 28. 1998 SubjectlAgenda Item: Public Hearing and Consideration of Second Reading: Petition MISC- 98 -09, Michael Wood, agent for PGA Summers Associates, is requesting approval to modify the Hibiscus Restaurant landscape plan, change the building exterior colors, and finalize the wall sign colors. (5- 42S -43E) Recommendation/Motion: Staff recommends approval of Ordinance 19, 1998 for: 1) landscaping, with one condition„ 2) the colors for the buildina's exterior and signs_ Reviewed by: n \o Originating Dept: Costs: $ 0 Council Action: Total City Attome�` A [ ] pproved Growth Management Finance N/A $ Q [ ] Approved wi cwwwom ACM Current FY [ ] Denied Human Res. N/A Funding ource: g [ ]Continued to: Advertised: Other N/A Date: [ ] Operating Attachments: Paper: [ ] Other N/A Ordinance 37, 1997 Ordinance 11, 1995 [ x ] Not Required Ordinance 19, 1998 Submitted by: Affected parties Budget Acct #: Map: Site Area Landscape plans D artment Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Location, Zoning and Land Use Michael Wood, agent for the PGA Summers Associates, is proposing to modify the approved landscape plan, change the building exterior colors for the Hibiscus Restaurant (formerly known as the Bridge Center) and finalized the sign colors. The original Bridge Center Planned Unit Development (PUD) was approved by Ordinance 12, 1986. It was amended by Ordinance 27, 1991 to allow for an increase in the Ellison Mayor and City Council MISC -98 -02 Page 2 Wilson Road right -of -way, which involved the reduction of on -site parking and a time extension and revision to the site plan and landscape plan. A one year time extension for the PUD was approved by Resolution 85, 1992, and again by Resolution 18, 1994. In late 1994, the original PUD approval was considered expired and no further time extensions were available. In December 1995, the City approved the site plan and landscape plan for the Bridge Center by Ordinance 11, 1995 to allow the "Gardens Ale House ". This approval received a two year time extension on April 17, 1997 through the adoption of Ordinance 11, 1997. The architectural features of the restaurant were amended by Ordinance 37, 1997 approving the current elevations for the Hibiscus Restaurant. Throughout the above - mentioned approvals, a condition of approval has been carried forward, which requires the applicant to obtain a permit from the Florida Department of Transportation for the proposed landscaping within the 10 -foot maintenance easement along PGA Boulevard, prior to the issuance of the first building permit. After multiple conversations with FDOT, it was discovered that a maintenance agreement, between the City and FDOT, would be necessary only if trees were installed within their easement. City staff did not feel such an agreement was practical, therefore forcing the revision of the approved landscape plan. Within the same 15' wide PGA Boulevard Hibiscus Center buffer which contains the 10' wide FDOT maintenance easement, FP &L has a 10' wide easement containing overhead . powerlines. The petitioner applied FP&L's guidelines to the approved landscape plans which affected additional trees within the buffer. The petitioner states that the FP &L guidelines greatly reduced mature size of permitted trees within 35 -feet of the utility lines. The approved plan contained a mix of Pines, Oaks, and Sabal Palms clustered along the PGA Boulevard buffer. In comparison, the revised plans contain the smaller species of Wax Myrtles and Silver Buttonwoods and a larger overall quantity of shrubs and groundcovers within the landscape buffer. The petitioner is proposing more Pines, Oaks, and Sabals within the PGA Boulevard right -of -way than previously approved. One significant change is to the PGA Boulevard /Ellison Wilson intersection landscape design around the project's signage. There were six proposed Royal Palms. These palms are replaced by Queen Crape Myrtles because three are under the powerlines, and to keep the symmetry, three more Royal Palms where replaced that were not in conflict with the FP &L utilities. The petitioner is also proposing a color change to the exterior of the building. The approved colors for the Hibiscus Restaurant includes a "Shasta White" metal roof , a peach exterior with a terra cotta band along the bottom of the elevations, white and "light pine" trim colors. The awnings are a green and white stripe. The proposed colors include a dark Mayor and City Council MISC -98 -02 Page 3 green metal roof, and white exterior walls. The awnings would remain green and white striped, and the domes would remain green. The size and locations of the wall and ground signs were previously approved. None of the past minutes, of City Council meetings, indicated a wall sign discussion. However, the wall sign was shown on the elevations, and all staff reports to City Council indicated staffs review and sign -off. The petitioner has provided details of the wall sign, which is located on the eastern and western elevations. The Hibiscus flower petals are dark pink, and the leaves are green. The "Hibiscus" lettering is green. The petitioner has changed the proposed color from blue at the request of City Council. City Forester Mark Hendrickson has reviewed the plans and recommends approval with one condition relating to the off -site landscape maintenance. The Growth Management Department recommends approval of the exterior color change and the sign colors. The City Engineer has no comments. Recommendation: City staff recommends approval of the exterior color change, the wall sign colors and the .landscape plan with the following condition: 1. Prior to issuance of the Certificate of Occupancy, applicant, its successors and /or assigns, shall install landscaping within the PGA Boulevard right -of -way located adjacent to the southern property line. Applicant, it successors and /or assigns shall, thereafter, be responsible for maintenance of said landscape. The installation and maintenance shall be consistent with the approved landscape plan and with all requirements of the Florida Department of Transportation. The applicant shall be responsible to obtain all permits and /or easements necessary for said installation and maintenance. r L. l y Ct :t r S Suiarme u Cove La Windsor Dr t10Ir11an Dr' Vitex La - -- - - Wheeler La enel Dillone Li,__ Wa a Z .41y Dr �I�atl�y La 1 c: �gz Vista 7 is a e ' Ualcl�rc���l W of f E..r L�� v Iv � D S t I11 i r '�� A Square > nar Dr._ Im IL IJ `rea Doll> �rrl'a La a; Brenda -1 - 3 y•� V SITE LOCATION PLAN SCALE i ALTS. l ORDINANCE 37. 1997 Ati ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS. FLORIDA, APPROVING IN PART AN ANIENDN1£NiT TO "THE BRIDGE CENTER" PLANNED GNIT DEVELOP`IENT TO ALLOW FOR ELEVATION, LANDSCAPING AND BUILDING FOOTPRINlT NIODIFICATIONIS IN ORDER TO CONSTRUCT A 18,170 SQUARE FOOT RESTAI;P,ANT AT THE NORTHWEST CORNER OF ELLISON WILSON ROAD AND PGA BOULEVARD: PROVIDING FOR CONDITIONS OF APPROVAL: AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. the City of Palm Beach Gardens received a petition to amend The Bridge Center Planned Unit Development located on 3.01 acres at the northeast corner of Ellison Wilson Road and PGA Boulevard and the southeast corner of Ellison Wilson Road and Smith Drive; WHEREAS, the Growth Management Department has reviewed said petition and determined that it is sufficient; and WHEREAS. the requested amendment is consistent with the City's Comprehensive Land ('cc Plan. xow. - rHEREC'ORE, BE IT ORDAFNED BY THE CITY COUNCIL OF THE CITY 01= PAIA-I BEACH GARDENS, FLORIDA: SFC'1'1,')\ 1. The City Council of the City of Palm Beach Gardens. Florida, hereby M ap; roves in ;gar, the ?rtiticjn to amend "The Bridue Center' Planned Unit Development to allow for elevation. :andscapin`l and building footprint modifications for the construction of a 18,170 square Foot restaurar:. SECTION .?_ Said Planned Unit Development amendment is approved subiect to the followirnc condition. I . :Ail conditions of the Development Order and the Site Plan Approval contained in Ordinance 11. 1ID95 shall continue as amended. SU TION 3. Constriction of the said amended Planned Unit Development shall be in accordance %%ith the following plan on file with the City's Growth Management Department: 1. august 11. 1997 Site Plan by Robert Currie Partnership, Inc. Sheet A 1.00 2. May 30, 1997 Floor Plan by Robert Currie Partnership, Inc. Sheets A-) _00 and A2.01. May c), 1997 and April 23, 1997 Elevations by Robert Currie Partnership, Inc. Sheets A3.00 and A3.01. July 25. 1997 Landscape Plan by TeamPlan, Inc. Sheets LP -1 and LP -2. $EGTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF (.Lt1G;�t;�C.- , 1997. PLACED ON SECOND READING THIS - 5Ir'-`' DAY OF ��� -><� , 1997. PASSED AND ADOPTED THIS .lt DAY OF 1997 i `1. YQ,fEtf( SEPFI R. RUSSO `'ICE (MAYOR LAUREN FURTADO ATTEST: LIN- DA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLN COUNCILMAN CLARK Ordinance 37. 1997 Page 2 COWi_r t 99WAN LINDA TN10NROE ILM & RI JABLr- T. ILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SLTFICIENCY. CITY ATTORNEY AYE NAY ABSENT ORDINANCE' 11, 1995 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A PLANNED UNIT DEV`rr,OPMr -XT FOR THE CONSTRUCTION OF A RESTAURANT BUILDING ON A 2.946 ACRE SITE LOCATED GENERAT.T•Y AT THE NORTHWEST CORNER OF PGA BOULEVARD AND F'•T.T.ISON WILSON ROAD; PROVIDING � FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received an application for a Planned Unit Development; and WHEREAS, the proposed Planned Unit Development is consistent with the City's Comprehensive Plan, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens hereby approves a Planned Unit Development for the construction of a restaurant building on a 2.946 acre site located generally at the northwest corner of PGA Boulevard and Ellison Wilson Road (site of the former "Bridge Center" PUD) . SECTION 2. The development of the Planned Unit Development shall be in accordance with the plans on file with the City's Planning and Zoning Department. However, the approval of the plans herein shall not be construed to be an approval of the signage. 1. August 20, 1995 Site Plan of 2.639 -acre Parcel by Team Plan, Inc. Sheet 1 of 7. 2. August 20, 1995 Site Plan of 0.307 -acre Parcel by Team Plan, Inc. Sheet 2 of 7. 3. August 20, 1995 Landscape Plan of 2.639 -acre Parcel by Team Plan, Inc. Sheet 3 of 7. 4. 5. 6. August 20, 1995 Landscape Plan of 0.307 -acre Parcel by-Team Plan, Inc. Sheet 4 of 7. August 20, 1995 Irrigation/ Lighting Plan of 2.639 -acre Parcel by Team Plan, Inc. Sheet 5 of 7. August 20, 1995 Irrigation/ Lighting Plan of 0.307 -acre Parcel by Team Plan, Inc. Sheet 6 of 7. 7. July 21, 1995 Details Plan by Team Plan, Inc. sheet 7 of 7. S. 9. August 23, 1995 First and Second Floor Plans by Florida Design Professionals, Inc. Sheet A2. August 23, 1995 Exterior Elevations Plan by Florida Design Professionals, Inc. Sheet A3. SECTION 3. The following conditions shall also apply: 1. outdoor seating and /or service shall not be allowed on or adjacent to the waterway, which shall include seating and /or service on any vessel docked on the intracoastal waterway. This provision shall not preclude service in -•- •- the restaurant to patrons arriving by boat. 2.• No more than 316 seats shall be allowed on the first floor and 79 seats allowed on the second floor of the restaurant, plus or minus 15 seats between floors. 3. The first floor and second floor dining areas shall operate in the capacity as one restaurant. 4. Outdoor seating, assembly or food service shall not be allowed on any of the balconies of the restaurant building. However, this provision does not preclude access to the west balcony from the office for limited periods of time not to exceed one half hour and emergency purposes. S. The restaurant's kitchen and garbage enclosure exhaust system shall be filtered. Pollution and odor generated from the restaurant shall comply with Section 159.078 entitled "Performance Standards ", Subsections (B) entitled "Odor" and (F) entitled, "Smoke ", of the City's Land Development Regulations. 6. The restaurant shall comply with the parking requirements as set forth in Section 159.110(F) entitled, "Number of Parking Spaces Required ", of the City's Land Development Regulations. If the operations of the restaurant has an adverse impact on the off - street parking in the adjacent residential neighborhoods, the City shall monitor the seating and employee ratios of the restaurant to determine compliance with said section. . 7. Prior to the issuance of the first building permit, a signed and sealed boundary survey and horizontal control sheet shall be submitted identifying the envelopes of all proposed buildings in proximity to the existing utility and maintenance easements of record with Written approval from the utility companies. S. Prior to the issuance of the first building Certificate- of Occupancy, a plat of the subject property shall be recorded. Written approval of the Plat shall be obtained by the utility companies prior to submission of the Plat for Council approval. 9. Smith Drive shall be paved (to Palm Beach County standards) from Ellison Wilson Road to the eastern property line of the 0.307 -acre tract, completed and open to the public prior to the issuance of the Certificate of Occupancy for the restaurant. 10. The improvements to Ellison Wilson Road shall be completed and open to the public prior to the issuance of the Certificate of Occupancy for the restaurant. 11. Prior to the issuance of the first building permit, a a permit shall be submitted to the City to enable the City (as the applicant) to obtain a permit from the Florida Department of Transportation for the proposed landscaping within the 10 -foot maintenance easement along PGA Boulevard. It shall be the property owners' obligation to maintain the landscaping within the 10 foot maintenance easement in perpetuity. 12. Prior to the issuance of the first building permit, all ' permits shall be submitted to the City from all applicable regulatory agencies for the construction of the seawall. 13. Prior to the issuance of the certificate of occupancy, all permits shall be submitted to the City from all applicable regulatory agencies to utilize the docks for public/ commercial purposes. 14. Entertainment, music or loud speakers shall not be permitted on the outside of the building. If entertainment occurs inside the building, all windows and doors shall remain closed. 15. Sounds emanating from the restaurant site shall not exceed the standards set forth in Section 159.078 entitled "Performance Standards ", of the City's Code of Ordinances, as amended. 16. All windows on the second floor office as shown on the north elevation shall be of obscure glass or glass �l r >> block. All windows on the north elevation shall be non - operable. 17. All roof - mounted equipment shall be screened from line of sight view. 18. Areas that have been allowed to have vegetation or ground cover removed pursuant to the approved site plan, and subsequently abandoned for any reason for more than three months, shall be seeded with a ground cover or grass immediately upon request by the City or the City shall have the work done at the owner's expense. 19. Construction of walls between the site and the adjacent residential neighborhoods shall commence on or before the commencement of construction requiring earth moving equipment other than for the construction of the walls of any other portion of the development. Construction of the wall to its full height shall be completed prior to the commencement of any site work which generates excessive dust and noise.: 20. No deliveries to the restaurant shall occur prior to 7:00 a. m. or after 7:00 p.m. 21. - Project shall abide by Resolution 2, 1993, which requires, prior to filing of the plat, the petitioner shall post a bond for the installation of the infrastructure including the common and project landscaping /buffer and entry feature. 22. The applicant shall convey to Palm Beach County seven - (7) feet of additional right -of -way on the east .side of Ellison Wilson Road at the employee parking lot and shall provide a 15 -foot corner clip view easement at the southeast corner of the Smith Drive and -Ellison Wilson Road prior to the issuance of the first building permit for the project. 23. All windows and doors shall be closed by 12:00 P.M. Midnight and the hours of operation of the restaurant shall cease operation on or before 2:00 A.M. 24. Petitioner shall return to the City Council for approval of the sign package. SECTION 4. The planned unit development shall be completed by Decam-her 31, 1996. SECTION 5,. All Ordinances or parts of Ordinances in conflict herewith shall be repealed. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND , 1995. READING THIS DAY O PASSED AND ADOPTED IS 1995. DAY OF 1995. R. RUSSO ATTEST: LINDA V.. ROSIER, Pl FURTADO CMC, CITY CLERK s Y APPROVED AS TO LEGAL AND - LEGAL SUFFICIENCY V =� THOMAS J. EAIRIS CITY RNEY 3- jib .I i Il� JL_M1 E 1V Man—) V °AGE 02/05 4' I =.AM -aN 1'M'. lit I jil Ili U !a r; 1• 4 t -mac 16-j"'lab .40i - - - - - - - — - - - - - - - - - - - - - - - - - - - - I - - - - - - - - - - —.- --- 1� 9114M Wawa Raw - = cr at-T kG' r L oll. P" "W% CAP&.% P..W i U I, 1 ,7!' 1'c ' L b, Uw A4 'Nor vi Ah L less" In rf Awl 4 NO& M 71, I'l A ):�: _'.x:998 )'�: = Sh1963�5�►� T_ayt -_a�i I;•I�. i a I 1! F t$ t I f ll �' rl f lei (I fiq = II! q fj s r� -44 i t $i {i v i 14 N 4f 11 ii l ti i i it !R ! it t tl Z }i IR j% ! j-1 j1 !: !� li !i is }6 iT! j i i i I t t t' t t i s i t iiC y t� �[ it - rr � f it'll ! , L 4.1 1, E It 1• ( f/! . •ft ; � Ij lit. t� ji �► j• i � 1i��r � ` s lip IL if 1 W• ll� ��� i�i��� � j� 1 rw f t E z4GE 05/05 t . .�. s: e s s i • r� i b t etc: S I e -�O• - -- ;- ;ri r s r a r r 11 i r i tF s o.aav f fi 49 �1 4 4 \* rJ J niw CMtisr' Ida Wmb Im6n f1.lM H t ,o_,Mr i J +l �+J .• "-I September 28, 1998 Amendment 1 to Ordinance 19,1998 The text of the proposed Ordinance 19, 1998,as approved on first reading, shall be amended as follows: A. Amend the title of Ordinance 19, 1998, by inserting " exterior color change and" before the words "wall sign colors "; so that it shall read: "AN ORDINANCE OF THE CITY THE CITY COUNCIL OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 11, 1995 AS AMENDED, WHICH APPROVED A PUD /SITE PLAN FOR THE HIBISCUS RESTAURANT, FORMERLY KNOWN AS THE BRIDGE CENTER GENERALLY LOCATED AT THE NORTHWEST CORNER OF PGA BOULEVARD AND ELLISON WILSON ROAD, BY AMENDING THE LANDSCAPE PLAN;-PROVIDING FOR APPROVAL OF THE EXTERIOR COLOR CHANGE AND WALL SIGN COLORS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." B. Amend Section 1 by inserting, on the third line, after the word "approve" and before the word "the ", the following: " the exterior color change, and "; so that it shall read: "The City Council of Palm Beach gardens hereby approves an amendment to Ordinance 11, 1995, as amended by Ordinance 37, 1997 to amend the approved landscape plan for the Hibiscus Restaurant, and to approve the exterior color change, and the wall sign colors. C. Amend Section 2 (2) by inserting after the word "Hibiscus " and before the word " the" the following: "building exterior colors and ", and delete the date "August 24, 1998" by adding after the word "date" but before the period, the following "October _ , 1998" ; so that it shall read: "The Hibiscus building exterior colors and the sign color legend dated October , 1998." September 24, 1998 ORDINANCE 19, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 11, 1995 AS AMENDED, WHICH APPROVED A PUD /SITE PLAN FOR THE HIBISCUS RESTAURANT, FORMERLY KNOWN AS THE BRIDGE CENTER GENERALLY LOCATED AT THE NORTHWEST CORNER OF PGA BOULEVARD AND ELLISON WILSON ROAD, BY AMENDING THE LANDSCAPE PLAN; PROVIDING FOR APPROVAL OF THE EXTERIOR COLOR CHANGE AND WALL SIGN COLORS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved the construction of a 395 seat restaurant by adoption of Ordinance 11, 1995; WHEREAS, the City Council amended Ordinance 11, 1995 by amending the site plan and landscape plan pursuant to Ordinance 37, 1997; WHEREAS, an application has been submitted by PGA Summers Associates to amend Ordinance 11, 1995 as amended by Ordinance 37, 1997 by amending the landscape plans and by repealing and replacing Condition 11 in Section 3 of Ordinance 11, 1995; and WHEREAS, the City's Growth Management Department has reviewed this application and has determined that the proposed petition is consistent with the City's Comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of Palm Beach Gardens hereby approves an amendment to Ordinance 11, 1995, as amended by Ordinance 37, 1997 to amend the approved landscape plan for the Hibiscus Restaurant, and to approve the exterior color change, and the wall sign colors. Section 2. Said approval shall be consistent with plans on file with the City's Growth Management Department as follows: 1. July 27, 1998 The Hibiscus Center Landscape Plan by Team Plan, Inc. Sheets LP -1 and LP -2. 2. The Hibiscus building exterior colors and the sign color paint legend dated Section 4, October , 1998. The amended landscape plan shall supersede the existing landscape plan. Condition 11 of Section 3 of Ordinance 11, 1995 is hereby repealed in its entirety and replaced with the following condition: 1. Prior to issuance of the Certificate of Occupancy, applicant, its successors and /or assigns, shall install landscaping within the PGA Boulevard right -of- way located adjacent to the southern property line. Applicant, it successors and /or assigns shall, thereafter, be responsible for maintenance of said landscape. The installation and maintenance shall be consistent with the approved landscape plan and with all requirements of the Florida Department of Transportation. The applicant shall be responsible to obtain all permits and /or easements necessary for said installation and maintenance. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of their conflict. Section Q, This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 17 DAY OF SEPTEMBER, 1998 PLACED ON SECOND READING THIS PASSED AND ADOPTED THIS MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO Ordinance 19, 1998 Page 2 DAY OF OCTOBER, 1998 DAY OF OCTOBER 1998 COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO Ordinance 19, 1998 Page 3 APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: October 15, 1.998 Date Prepared: September 28, 1998 Subject/Agenda Item Consideration of Approval /Second Reading for Ordinance 13, 1998: A text amendment to City Code of Ordinances regarding the regulation of the emission of noise in the City, by amending Section 34 -56, "Noise," and Section 118 -299, "Performance Standards." Recommendation /Motion: It is recommended that Ordinance 13, 1998 be approved. Reviewed by: Originating Dept.: Costs: S Council Action: Total City Attorney Growth Management [ ] Approved first z° reading - Finance NA ACM $ [ ] Approved w —aiz;,os Current FY Human Res. NA [ ] Denied Other NA Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Not Required [ ] Other Ordinance , 1997 Su G o Manag a ffected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ ] Not required BACKGROUND: Originally, staff received a request from the operators of the golf courses at PGA National and Ballenlsles country clubs to allow for golf course equipment to be operated at an earlier time than what is currently permitted by City Code. This request prompted staff to re- examine all the provisions of the Code regarding the restriction of noise within the City. This re- examination of the Code has resulted in the proposed attached revisions to the City Code. In addition to updating and clarifying the language of the City's current noise restrictions, the proposed amendment would allow golf course maintenance equipment to operate from Page 2 6 a.m. to 6 p.m., permit construction equipment to be operated within a residential district beginning at 7 a.m., and allow sanitation trucks to be operated in the City from 6 a.m. to 6 p.m. Regarding the golf course maintenance equipment, the operators of PGA National and Ballenlsles golf courses have indicated that golf course maintenance is needed to occur in the early morning hours prior to tee times in order to avoid conflicts with golfers. Staff recognizes the need for the morning maintenance of the golf course and is proposing to limit lawnmowers and golf maintenance equipment associated with the operation of a golf course to operation from 6 a.m. to 6 p.m. In addition, staff has established a noise limit of 90 decibels for no longer than 30 minutes for golf course maintenance equipment. The decibel level was established after maintenance equipment was measured on the golf course. Regarding construction activities, the traditional starting time for construction has been and continues to be between 7:00 a.m. and 7:30 a.m. This starting time allows construction workers to begin work before the weather becomes too hot. It also allows construction workers time at the end of the day to run errands as many workers stay on the job site for the duration of the day. Staff also surveyed the practices of other local governments regarding the starting time for construction activities in residential areas. The responses are as follows: TIMES CONSTRUCTION IS PROHIBITED IN RESIDENTIAL ZONES Palm Beach County = 10 p.m. to 7 a.m. (Mon. thru Sat.) All Day /Night on Sunday City of West Palm Beach = 8 p.m. to 7 a.m. (Mon. thru Sun.) *can obtain a waiver from the City Manager City of Jupiter = 8 p.m. to 6 a.m. (Mon. thru Fri.) All Day /Night on Sat & Sun Staff would recommend that the City's noise ordinance amendment continue to reflect the standard in the construction industry of the 7 a.m. construction starting time. The review of the draft ordinance by the Public Works Department prompted the addition of allowing sanitation trucks to operate within the City between the hours of 6 a.m. to 6 p.m. This is consistent with the City's agreement with its designated solid waste disposal provider. Page 3 At the its September 17, 1998 meeting, City Council expressed concerns regarding the early starting time for Sanitation trucks, the starting time for construction activities and lateness for the higher noise levels within residential levels. The ordinance has been revised to change the ending hour for daytime noises (55 dBAs) in residential areas from 10:00 p.m. to 8:00 p.m. At the Council's request, the performance standards found in Section 5 of the proposed ordinance have been revised to include a chart. At Council's request, staff researched the starting time for sanitation trucks within other jurisdiction. Staff found the following: West Palm Beach - 5:00 a.m. commercial; 6:00 a.m. residential North Palm Beach - 7:30 a.m. (Village trash pickup) Jupiter - 7:00 a.m. Boca Raton - 7:00 a.m. Palm Beach County - 7:00 a.m. Boca Raton and Palm Beach County do not have specific regulations in its Land Development Regulations regarding sanitation trucks. Staff members informed the City that they would rely on time restrictions regarding construction activities if a complaint was received regarding a sanitation truck. s r CITY OF PALM REACH GARDENS 10500 N. MILITARY TRAIL • PALM SEACH GARrENS. FL4WIDA 33410 460 MEMORANDUM TO: Bobbie Herakovich, City Manager FROM: Bob Patty, Director of Public Works DATE: October 8, 1998 RE: Waste haulers change in start time Last week Growth Management informed me that the noise ordinance was being revised for Council approval. In this process, the start time for the City's waste hauling contract, which expires in September of 1999, was considered. You asked me to contact the City's contractor, Waste Management of the Palm Beaches, and find out how it would affect the current contract if the start time of 6:00 a.m. was changed to 7:00 a.m. As the Public Work's director, I would like to express my concerns over the change in start time. The main concern addresses safety issues. As you know, the worst traffic and travel times are from 7:30 a.m. to 9:00 a.m. and 3:30 p.m. to 5:00 p.m. During the morning rush hour a motorist in a residential area must deal with residents on their way to work and children traveling to school by way of bus, bicycle or walking. If the start time was changed to 7:00 a.m., it would place the waste hauler's large truck in a much more dangerous situation attempting to pick up trash around schools and busy thoroughfares. The trash trucks must stop at each residence and would slow traffic and create hazardous conditions. Most commercial establishments experience traffic and parking problems in locations where dumpsters and pick -up sites are located. These areas should be picked up as early as possible to reduce the possibility of trash trucks backing into oncoming traffic or parked cars. I asked staff to contact the Solid Waste Authority to determine if they had any current contractors who start waste pick up at 7:00 a.m. The Solid Waste Authority currently has 16 contracts, all of which start pick up at 6:00 a.m. r By reducing the time allotted during the day for pick-,up andAhe additional time for heavy traffic situations, I feel that the cost would certainly have to increase. More personnel and equipment would be needed to accomplish the same amount of work. I have asked Waste Management to address how the City would be affected if we changed the start time from 6:00 a.m. to 7:00 a.m. I have attached a copy of the letter I received from Waste Management regarding their safety concerns. I hope to get an answer from them on the cost differential by the 8`h or 9`h of this month. cc: Roxanne Manning, Growth Management Director file i io Amendment 1 to Ordinance 13, 1998 The text of proposed Ordinance 13, 1998, as approved on first reading, shall be amended as follows: A: Amend Section 1, under the revised Sec. 34 -56., the time "10:00 p.m." after the word "from" and before the phrase "on each day from Sunday" shall be replaced with the time "8:00 p.m.," so that it shall read: Sec. 34 -56. General restrictions prohibition. (a) Residential and conservation districts. From 8:00 p.m. on each day from Sunday throuqh Thursday throuqh 8:00 a.m. on the next day, from 11:00 p.m. on Friday throuqh 8:00 a.m. on Saturday, and from 11:00 p.m. on Saturday throuqh 12:00 noon on Sunday, no person on property within a residential district or a conservation district of the city shall operate, cause to be operated, or permit the operation of any device, machine, appliance, instrument, equipment, or boat motor in a manner which causes noise to be qenerated from such device, machine, appliance, instrument, equipment, or boat motor, or from anything attached or connected to such device, appliance, instrument, equipment, or boat motor, that can be heard at a distance of more than twenty -five feet from the boundary line of such property. B. Amend Section 1, under the revised Sec. 34 -57., the time "10:00 p.m." after the word "from" and before the phrase "on each day from Sunday" shall be replaced with the time "8:00 p.m.," so that it shall read: Sec. 34 -57. Shouting and yelling. From 8 :00 p.m. on each day from Sunday throuqh Thursday throuqh 8:00 a.m. on the next day, from 11:00 p.m. on Friday throuqh 8:00 a.m. on Saturday, and from 11:00 p.m. on Saturday through 12:00 noon on Sunday, no person on property within a residential district or a conservation district within the city shall yell, shout, or otherwise verbally create noise, either individually or in concert with other persons at the same time and place, that can be heard at a distance of more than twenty -five feet from the boundary line of such property. C. Amend Section 5, under the revised Sec. 118 -299., subsections (b)(1)(2) and (3) shall be replaced with a chart depicting the performance standards for noise, the enumeration for (b)(4) shall be eliminated and the time, "9:00 p.m." before the phrase "except for Sundays and federal holidays" in the "Exemption" subsection shall be replaced with "8:00 p.m.," so that it shall read Sec. 118 -299. Performance standards. (b) Noise. Equivalent sound levels shall not exceed the following standards: Receiving Land Use_ Maximur�n Qb�l' hwei Maiin Decibel:E.evel$ .. Permitted in Davildht Hours Permitted Deti t AID Q15 r Residential and Conservation 55 dBA " 50 dBA Non - residential, Non- 65 dBA ** 60 dBA conservation and non - industrial Industrial 75 dBA ** 70 dBA * Between 8:00 a.m. and 8:00 p.m., Monday throuqh Thursday, between 8:00 a.m. and 11:00 p.m. Friday throuqh Saturday, and between 12:00 noon and 8:00 p.m. Sunday. ** Between 7:00 a.m. and 11 :00 p.m., Monday through Saturday, and between 12:00 noon and 11:00 p.m. Sunday. (4) Exemption. Noises from temporary construction and maintenance activities between 7:00 a.m. and 9-08 8:00 p.m., except Sundays and federal holidays, are subject to a maximum of 75 dBA • r ----- .�.„ _a_ .%J- �p� -'- -Jar -- notwithstandinq any other provisions of this section. Noises from golf course maintenance equipment between 6:00 a.m. and 6 p.m. are subject to a maximum of 90 dBA for a period of not more than 30 minutes at a distance of 25 feet from any property within B residential district other than a qolf course itself. September 10, 1998 ORDINANCE 13, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF CHAPTER 34 OF THE CODE OF ORDINANCES, ENTITLED "ENVIRONMENT", BY AMENDING ALL SECTIONS OF ARTICLE III, ENTITLED "NOISE ", TO MODIFY THE HOURS OF RESTRICTIONS, TO MODIFY THE EXTENT OF THE RESTRICTIONS, AND TO CLARIFY THE NATURE OF THE RESTRICTIONS; PROVIDING FOR ADOPTION OF SECTION 34 -59, CONCERNING EXCEPTIONS FOR "CONSTRUCTION EQUIPMENT"; PROVIDING FOR ADOPTION OF SECTION 34-60, COW CERNING EXCEPTIONS FOR "GOLF COURSE MAIN- TENANCE EQUIPMENT"; PROVIDING FOR ADOPTION OF SECTION 34-61, CONCERNING EXCEPTIONS FOR "SANITATION TRUCKS "; PROVIDING FOR AMENDMENT OF SECTION 118 -299, ENTITLED "PERFORMANCE STANDARDS ", TO MODIFY THE HOURS OF RESTRICTIONS AND TO CLARIFY THE NATURE OF THE RESTRICTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND, PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City received a request initially to amend only the provisions of the Code concerning "Noise" in order to allow earlier operation of golf course maintenance equipment; WHEREAS, the request prompted a re- examination of all provisions of the Code concerning noise restrictions generally; and WHEREAS, the provisions of the Code concerning restrictions upon noise within the City need to be harmonized with one another and modified in order to establish consistent standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Sections 34 -56, 34 -57, and 34 -58 of the Code, under Article III, entitled "Noise ", of Chapter 34, entitled "Environment, are hereby amended by inserting and deleting text, as follows (added text underlined; deleted text everstruelf): CHAPTER 34. Article III. NOISE. ENVIRONMENT. Sec. 34 -56. General restrictions prohibition. (a) Residential and conservation districts. From 8:00 p.m. on each day from Sunday throuqh Thursday throuqh 8:00 a.m. on the next day, from 11:00 p.m. on Friday throuqh 8:00 a.m. on Saturday, and from 11:00 p.m. on Saturday throuqh 12:00 noon on Sunday, no person on property within a residential district or a conservation district of the city shall operate, cause to be operated, or permit the operation of any device, machine, appliance, instrument, equipment, or boat motor in a manner which causes noise to be qenerated from such device, machine, appliance, instrument, equipment, or boat motor, or from anything attached or connected to such device, appliance, instrument, equipment, or boat motor, that can be heard at a distance of more than twenty -five feet from the boundary line of such property. (b) Non - residential and non - conservation districts. From 11:00 p.m. on each day from Sunday throuqh Friday throuqh 7:00 a.m. on the next day and from 11:00 p.m. on Saturday throuqh 12:00 noon on Sunday, no person on property within a non - residential district or a non - conservation .district of the city shall operate, cause to be operated, or permit the operation of any device, machine, appliance, instrument, equipment, or boat motor in a manner which causes noise to be qenerated from such device, machine, appliance, instrument, equipment, or boat motor, or from anythinq attached or connected to such device, appliance, instrument, equipment, or boat motor, that can be heard at a distance of more than twenty -five feet from the boundary line of such property. 2 IL jl lai. LLJG ui I:avvIUI I%if ai ly pqJ l QWI I iV %J Jia aiG, '.Jiay, Or �rau�7C L Jj vFJGi aicv ai lu Nlayv4 'aL:.� AL__A .— .�..a: �... .t ..: a.. . L.. L.... ��.— ..J J..: ..��l�J L...:..... .�— —a.. 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VI I1 Valul uay 42114 1 L.VV IVVj 1 Vi 1 Vul 1uaya, any ty radio, r.J11V1 IVyI a`.JI 1, a..l....:..:.�� _.__c_�___ t_...._.r_._._ -_ _- _.-.. .r__L:n_ :__L- .._ an" ..__1:anica or a Lo_L LGlrivision, a'. p'llial ciss, IaWI Irnowiai1.7, VI al ly IIIac I11 IG, II IJ 114111G1IL, ahJt.IlI421 ILrG, VI a boat WI IIL.rI t IIIa I�GJ IIIUJIV VI I IV WG, 111 42 I II421111G1 LI IGIL LI IV IIIUJK+ VI I IVIJG'JI V4uLiGU My ll IW Jal 11117 L.. L.�� -J �i .. ,.a... J:..a.�... �.. aL �.� nL L��a aL�- .t -...Y 1111 ay VG I IGaI U at a yl Ga LGI %AI Lal IL+G 11 lal 1 LaJ IGGL LI IGI C.11 VI 11. Sec. 34 -57. Shouting and yelling. From 8 :00 p.m. on each day from Sunday throuqh Thursday throuqh 8:00 a.m. on the next day, from 11:00 p.m. on Friday throuqh 8:00 a.m. on Saturday, and from 11:00 p.m. on Saturday throuqh 12:00 noon on Sunday, no person on property within a residential district or a conservation district within the city shall yell, shout, or otherwise verbally create noise, either individually or in concert with other persons at the same time and place, that can be heard at a distance of more than twenty -five feet from the boundary line of such property. IL ..L...n L.. ._L...r..l r....... .,. a.. .. ,.u: -.._ ,.L....a: -.� ...L:......... 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VLI IGI 1 IVIJC.J VI VLJUl.G4 Vy Jal 11G II11ay LJG 1 IGaI U aL a U1.7La1 MAU yl GalCil ll Ial 1 Ld IGGL ll IGI G11 VI 11. Sec. 34 -58. Loudspeakers, amplifiers, and sound trucks. (a) No person it shall be u� ll:aV-V u: Wr any parson, either as principal, agent, or employee, to play, use, or operate IVY au;;aiiSiliy pur-P03es, or for any othef purpose whatsoever, on or upon the public streets, alleys, parks, or thoroughfares in the city, any device known as a sound truck, loudspeaker, or sound amplifier, or any other electronic or mechanical device rad;c cr p`c; ograph with a loudspeaker or sound amplifier, or any other instrument known as a calliope VI II IJII ul IIGI Il VI DI ly ►%II IV VI VI 101 QVIGI wh�l�l l GI I IIIJ �I IGI G11 VI11 IVV%L ai draucoua , 1oisaas and is attached to or located and upon any vehicle or other device, equipment, or mechanism capable of movinq or beinq moved or -stag upon the streets or public places of the city and which emits noise intended to be heard by persons other than those occupying the vehicle or other device, equipment, or mechanism on which such loudpseaker, sound amplifier, or other instrument is attached or located. (b) An exception to the provisions of this section 1ar;;a;;a1r, the da ica3 may be permitted for public or charitable purposes after written permission for same is granted by the city ehief of pollee, provided that use shall not be permitted before 8:00 a.m. or after 6:00 p.m. and use shall not be permitted within one -half mile of any hospital nor within one -half mile of any school or church while it is in session. Section 2. Section 34 -59 of the Code, under Article III, entitled "Noise", of Chapter 34, entitled "Environment", is hereby created, entitled "Construction equipment", and shall read as follows: Sec. 34 -59. Construction equipment. + Construction equipment may be operated in the actual construction of buildings and - improvement of buildinq sites within a residential district beqinninq at 7:00 a.m. on any day from Monday throuqh Saturday, notwithstandinq any other provisions of this article, but shall be operated in compliance with any applicable performance standards set forth in this code. Section 3. Section 34-60 of the Code, under Article III, entitled "Noise ", of Chapter 34, entitled "Environment ", is hereby created, entitled "Golf course maintenance equipment ", and shall read as follows: Sec. 34 -60. Golf course maintenance equipment. 4 Golf course maintenance equipment, including, but not limited to, tractors, lawnmowers, trimmers, and edgers, may be operated in the actual maintainance of a golf course within a residential district from 6:00 a.m. through 6:00 p.m. on any day, notwithstandinq any other provisions of this article, but shall be operated in compliance with any applicable performance standards set forth in this code. Safety equipment, including lightning alarms, may be operated at any time the course is open to the public or members for business Section 4. Section 34-61 of the Code, under Article III, entitled "Noise ", of Chapter 34, entitled "Environment ", is hereby created, entitled "Sanitation trucks°, and shall read as follows: Sec. 34 -61. Sanitation Trucks Sanitation trucks, including trucks picking up recycled materials, may be operated in the City from 6:00 a.m. through 6 p.m. on any day from Monday through Saturday, notwithstanding any other provisions of this article, but shall be operated in compliance with any applicable performance standards set forth in this code. Section 5. Section 118- 299(b) of the Code, under Article V, entitled °Supplemen -. tary District Regulations ", of Chapter 118, entitled "Zoning ", is hereby amended by inserting and deleting text, as follows (added text underlined; deleted text everstruek): Sec. 118 -299. Performance standards. (b) Noise. Equivalent sound levels shall not exceed the following standards: 5 ' Between 8:00 a.m. and 8:00 p.m., Monday through Thursday, between 8:00 a.m. and 11:00 p.m. Friday through Saturday, and between 12:00 noon and 8:00 p.m. Sunday. ' Between 7:00. a.m. and 11:00 p.m., Monday through Saturday, and between 12:00 noon and 11:00 p.m. Sunday. 1� 1\GJ I%A LIaI. 11 UIG uJG IGVGIYII IV IIVIJG IJ IGJ1%jentlaI. rl _a....�.�... O.nA _ ...J A.An ... LL Jr) A a. LJGIv►vGl l V.VV a.11l. and �7.VV 1.7.111., J%,J VUP1. h �..a.....,..,. n.nn J 0 n Ln AM A V. UGIYYGGIf J.VV x./.111. a11V V.VV a.111., JV VUlI. 19 L �L� VVI1111 iai -clal. 11 UIG uJC I aceivll ly 1 IVIJG IJ VVI I III, 11GI trial: ..1 A./1A L`L Ain A a. UGIYY VC -ill V.VV a.11l. a11V J.VV VUP1. L. 1711 .�.... n.AA A O.nn Cn aIn A V. uGI . CGI I .7.vV P. Ii1.. aI lU V.VV a.11l., VV VUP1. /7\ 1.....1. _a_:...I It a4.� r. J.._a....1. .... .a:.....� 7G AM A II 1VUJU lal. 11 UIG UJG I GOGlv111y I IV1JG IJ II IUUJII Ial. al Iy1111161 I ♦J UUP1. (4) Exemption. Noises from ternporary construction between 7:00 a.m. and OF:00 8:00 p.m., except Sundays and federal holidays, are subject to a maximum of 75 dBA, GnGII11l1 Irvl�1 Ll-:s standard notwithstanding any other provisions of this section. Noises from golf course maintenance equipment between 6:00 a.m. and 6 p.m. are subject to a maximum of 90 dBA for a period of not more than 30 minutes at a distance of 25 feet from any property within a residential district other than a golf course itself. n Section 6. Should any section, provision, paragraph, sentence, or word of this ordinance be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. Section 7. The City Clerk is hereby directed to ensure that the contents of this ordinance becomes codified as part of the City Code of Ordinances. Section B. This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF , 1998. PLACED ON SECOND READING THIS DAY OF , 1998. PASSED AND ADOPTED THIS DAY OF , 1998. MAYOR JOSEPH R. RUSSO VICE -MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY: CITY ATTORNEY FA VOTE: AYE NAY ABSENT MAYOR RUSSO VICE -MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO GAMMarty10RD13A.WPD(319.055) N CITY SP PA-1 M UFACH GARDFNS CITY COUNCI L- Aaend2 Cover Mpmerandtim Sobjeet/Agenda Item: Pidelir, Ha2rina/2ndl . . . . . . . . . . . ................. .............. Otoff is rarommianolinm nwarawni With conditions. V V AGM - - - - - - - - - - - Growth Mgt. Mirecter, . ... AffacWd-parties ..... . Bud"t Af-f-t A- I Mont UY Maw= ME Petition PCD-9641 Golf Digest PCN Muting Date: October 15,1998 Public Hearing/Consideration of Second Reading: Petition PCD -96 -01 Golf Digest PCD A request by Hank Skokowski, agent for•JCB Golf Ventures, Inc., for rezoning from Planned Development Area (PDA) to Planned Community District (PCD). The proposed Golf Digest PCD includes 2145 residential units, 105,000 s.f. of office, 15,000 s.f. of commercial, a golf campus with training center, golf clubhouse amenities and maintenance facilities, two 18 -hole championship courses and a 9 -hole par 3 Y. short course, 10,000 s.f. of community facility space, a city fire /police station and 15 -acre city park, -a 32- acre elementary and middle school site, and over 800 acres of wetland and upland preserves. The 2,305 - acre site is located north of PGA Blvd, west of Florida's Turnpike, east of the Loxahatchee Slough and south of Hood Road. (3,4&5-42S-42E and 32,33&34-41S-42E) City Council -October 5, 1998 Petition PCD-96-01 Page 2 I. REQUEST A request by Hank Skokowski, agent for JCB Golf Ventures, Inc., for - rezoning from Planned Development Area (PDA), to Planned Community District (PCD). The proposed Golf Digest PCD includes ­ ` ZM residential units, A A2 E5111 1 �p 4_� rf -dI-u-bhd-uYCEiie�h-itie—gra-Ecr� and a 9-hole par 3 short course, 10,000 s.f. of community facility space, a city fire/police station and 15- emehtarv� ala- ddle� school -, - acre 6ty­--�g site, and over 80Q acres of wetland aril a e land preserves. Several waivers from the PCD requirements are being requested: V); .7) Details for common areas or other sites not defined within a pod (sales center, gatehouse, etc); 8) Sidewalks on both sides of roads; 9) A waiver from maximum height limitations to provide a maximum (potential) height of 70' for the office use; 45' for the commercial use; and 50' for residential high (RH) pods. Approvals for #1, 2, 3, 4, 5, 6, and 7 will be through subsequent site plans. II. BACKGROUND The subject property is located north of PGA Blvd, west of Florida's Turnpike, east of the Loxahatchee Slough and south of Hood Road. Table 1 summarizes zoning matters. City Council Petition PCD-96-01 Page 3 October 5, 1998 TABLE EXISTING ZONING AND LAND USE DF.SIGNATION.q & RITF. ANAT.V.qTq EXISTING USE ZONING LAND USE PIRMeWiDeVe o -M-'a -A .-----North Eastpointe and Old Marsh County AR and PUD -County LRI/2 90 uth .`Plarinecf PGA National I District _(PCD .,.-.) D RI/PCD dsp IaW- (mix of uses) gzg vm ,LQxahatchqe_ _Slough Qp ­�­ ­ ----- Area_(PDA) ._- . . . . . . . . . . . . . . Conservation CONSISTENCY WITH THE CODE Consistent Code Requirement Proposed Plan Yes Community- Serving Open ty 9 Space (20%) (plus each pod will be required 20 -35% -open space at site plan approval) 58%, including preserves_ and ry water bodies - Yes Min.-250 acres 2,304.79 acres Yes Max. 2 du/ac in TAZ 848 & max. 5 du/ac in remainder of site .87 du/ac Yes up to, 5% nonresidential uses since more than 10% of site held in preservation (Policy Less than 2%, including golf campus uses f. City Council October 5, 1998 Petition PCD -96 -01 Page 4 The site is subject to the City's environmentally significant lands code. The master plan proposes the preservation of 630 acres of wetlands and 191 acres of uplands. In addition, approximately 490 acres of - .v etr�tnd9 and 23_:acres=of upla Z-& —are A bd4690 M- 4- rf UO Loxa ewe Slo z�"h tigat orra : m__ T __ The Conceptual Linkage Plan contained in the Comprehensive Plan shows the subject property as having - four - conceptual parkways on the: PGA- Blvd, -Hood Road, future north- south - ..road, future east- west - road.- The master plan proposes that the east -west parkway is provided on the southern end of the property, parallel to PGA Blvd, and the north -south parkway is provided on the eastern side of the property, parallel to the Turnpike. The City Council interpreted that the 300 -400' parkway width has some flexibility and '-- '- " "'- ' -�K ♦VI K�,VU'LL1V 1:/K111YYK�'YY1LLLL1111 -JVY V1K1- 1VVKliV11J. - - - -' - ' ThA :r�rnianf niio�i�iiae:fiii City's level of service and performance standards and land development regulations must be designed and constructed. In addition there will be issues with- Seacoast Utility Authority regarding their consumptive . use permit, and SFWMD regarding the Lower East Coast Water Supply plan that will have to be addressed. A fire station will need to be provided to serve this project, the remainder of District 4, and the city in general as back -up. City park improvements will need to be provided equivalent to 29.5 acres - 15 acres are proposed on -site. Water and sewer lines will need to be provided through the project. C. Project Details The petitioner is proposing 2145 residential units (1400 single family and 745 multi - family), 105,000 s.f. of office, 15,000 s.f. of commercial, a golf campus with training center, golf clubhouse amenities and maintenance facilities, two 18 -hole championship courses and a 9 -hole par 3 short course, 10,000 s.f. of community facility space, a city fire /police station and 15 -acre city park, a 32 -acre elementary and middle school site, and over 800 acres of wetland and upland preserves. The master plan proposes three entries into the project, one off of Hood Road and two off of PGA Blvd. The PGA entries will line up with Ryder Cup Blvd and Avenue of the Champions. 'Y City Council October 5, 1998 Petition PCD -96 -01 Page 5 The project is proposed to be completed in two phases through its buildout (2004) with the first site plan - the Golf Digest Campus including 10 corporate lodges - being processed concurrently with the PCD. °`� ��I�ine'_vazers from PCD'requiremenfs areeques %d, seven of these -are reefuestebe�delaydyurtil- - su sequerit site plan review "Staff is` able 'to recommend approvai�of'these_waiver req_uests,_wrth _.- ______ __ - - conditions which require details to be submitted for City approval in the near future. - Flexibility is being requested in the interpretation of the parkway cross - sections. - _ for a 6 -lane facility the County will have the right -of -way. Conceptual cross - sections identify the preservation/protection of vegetation within the road right -of -way, however, staff feels that this will most likely not occur once utilities are placed within the right -of -way. (See memorandum dated September 17, 1998 from Mark Hendrickson, City Forester.) You'll recall that the Council did indicate at an April 8, 1997 meeting that there was flexibility —in—the—interpretation of the parkway criteria and that as long as the - intent of the parkway was - - maintained, the cross - section could deviate or meander. After reviewing the proposed parkway cross - sections, staff still feels that the applicant has prepared skewed `averages' to demonstrate compliance with parkway requirements. The City's Land Development Regulations require a 90' parkway easement outside of the road right -of- way on both sides of the road. In some areas, only 40' is provided by the applicant. For this reason, staff is recommending a condition of approval which requires the balance (50') of the parkway width to be provided within the adjacent pod as perimeter buffer /parkway area. Y- City Council October 5, 1998 Petition PCD -96 -01 Page 6 Another concern is the fact that the applicant is only proposing to build 2lanes of the north- south and east -west thoroughfares, leaving the widening of 4 -lanes to be accomplished sometime in the future by the county. The 4- laning will not occur by the buildout of the project so it is difficult for staff to condition that the applicant be responsible for the full parkway - landscape:treatmen sbased on °4 lane cross section ZStaff is lei -ui ifiepsrtion —of eiffer requiring-surety-to-be osted- be ornd-the°buildotit- of'the ��fo'ect "-for "Tthe - uicom "lete 1`andscli a -� — P i Y P J ) P P areas or condition that landscaping be completed and realize that some will be affected by the road widening and will be removed by the county without assurance for replacement. 3) The petitioner is working with Seacoast to resolve outstanding issues and has submitted a master water and sewer system plan. A concern is where utility easements will be located in - - P nrnterf 4 Pu- rnnnnt rnnfl�rt.�znth- nracE+rira araae - hvffar traotma »tc "c.r- ..orlr.,ro nd the Planning & Zoni ee R, to eng%f time thaw =hasa .ry N o er to rrreet.the O A to but this issue back on obtain; so the developers will be proceeding at their own risk by moving forward with a project that will have an unachievable buildout date. 5) Landscape, buffer and roadway beautification plans are being postponed from consideration at this time until a future date. These details be provided within 9 months after PCD approval. City Council Petition PCD-96-01 Page 7 Recommendation: October 5, 1998 Staff recommended to the Planning and Zoning Commission approval of petition PCD-96-01 with The vo e d recommend aDD fi-o—ns-7— conditions --- and five additional The conditions have been revised and/or re-worded since the Planning & Zoning Commission meeting. Ordinance 21, 1998 contains the updated conditions. . . . . . . . . . . . . . . . - Amendment 1 to Ordinance 37, 1997 The text of proposed Ordinance 21, 1998, as approved on first reading, shall be amended as follows: A - Amend Section 3,_Condition: #2, to add the words "ny residential" to the first clause -- - before the words "building permit ", to move "excluding the corporate lodges" from the end of the first sentence and insert it after the words "building permit ", to change the word "these" to "the ", to insert the word "allowed" after the words "retail uses ", and to insert the words "those uses identified under the CG -1 - General Commercial District" after the words "shall be" so that it shall read: rrior to the issuance of any resiaentiai ounaing permit, excivamg the corporate lodges, development of commercial retail uses at the 12 -acre a•'� -�3^*<��'�•� ,:tom"'" -°`��� �_'��� �.� - . �h �..�� _ ... d�a.��..r�� er -, ��.>z'�" ` "� °�:-�: _..�»._•`° �2?z.'7}t'_ `'cL'- 'ka'.'�k- �ea""'...,' •ter.,.a >..;:;:' -chs 7 Miien�idr Condition #3, eliminatethe f1ii three sentences, -to -insert tie word "/buffers" after the words "landscape easements ", and to eliminate the last two sentences so that it shall read: 3. 1116 1111111111LL1111VL J1GC3, JCLVaGAJ aLIU UUIILL1116 1vL GV VGlarko; LVl UP,.; 1GJ1UG11Llal �____1_ _�___LIII __ T ____7 1 T ____ ___ al__ T!'7T1 a__ __1 ___ _1__11 a a1__ fja Ccls 1LLG11L111GU aJ "\ , iuunual LVw va ulv, 1 \aJ 111a t%,i plan Jllall 111GGL L11G _1`al__ f•_ *-_7_ TT '7 __'__ ,!_L _!_L T7_ icquiicaicints vl ulG X..l Ly J 1\L -.) 4Vlllll6' U1J L11G L. 111. riiflllilluill lot J1GGJ, JGL Vac r, a11LL VUl lulllb' 1VL cV VGla�,%, ivl 111G 1GJ1uGllllal pamc iz, iU%,nul1GLL aJ T)__: ,1_ -a7 _7 ll•f__l:_____ ___ mil__ Tll7T\ _____a_____1 ___ _1__11 _____a a1__ _--- --'--- -- ____i_ -r. 1XGJ1UG11Lla1 1V1GU1U111 Vii Ulc 1 VlJ 111aJLG1 pLau Jllall 111CCL LllC 1CLj U11C111G11LJ vl A__ f'_*-_D_ T'AXX ____L_- J__a *_ Tl__ ___'__L_______ 1_a _____ __aL__1__ ___ -1 1___'1 J'___ UILG %-LLy J ruvl GVlllll6 L11JulCl. 1116 1111111111U111 1VL 31GGJ, JGL1JacNJ Culp Vu11um ,' 1_� _____ -_ -_ C___�1__ _____,1 ___a'_1 _______1_ [ _J___,7r__1 __ T___�___�__1 TT--L ___ d__ Lot GV VGla�'G 1V1 L11G LGJ1UG11Llal pa1GG1J 1UG11L111Gu aJ 1M,_aIUGllual 111g'll Vll Lllc TIT T\ _____�___ __7 ___ _t__11 �___a .1__ ___- ____________�_ _l al__ !'1_�_7_ "TT __- 1 L. L/ aiastci Plait Jllall 111GGL L11G 1G1i U11 G111G11W vl U1G \.1Ly J 1X11 Gvllll g U1tns Lots shall not include parkways, landscape easements or buffers, Lllc 1. golf course or any other community- serving open space. e above - C --- ---- ' --- '- -- -- ' -- --- -�-- -� _a � - ---- -717_ raquiici-nciits 1V1 1GJlucuual PalcGI3 play Uc walvGU, aL L,1Ly %- VLUlc11 J 1. U1JGl Cllvll, Ll 111v1G U1a11 1 V iJGIGGILL Vl U1G 1GJ1UG11Llal jJa1 GGl VL IJVU 1J JGL aJ1uG as lccicauv11a1 vycll J�JacG JGl V111�', ulal 1GJ1UGllllal �Ja1 GGl Vl puu. 1116 1GG1 GaLlVllaI v�JCll aFaGG 111 Lhv, 1GJlucllual i.Ja1GC1 V1 livu Jllall JC1vG Vllly ulc '___a_ _____ 1 GJ1uG11LJ ul UlG JuuJ GGL �JLLLGGl Vl IVU ailU Jllall uVL t11Gl Ullc paiKi ayS, 1LLL1UJGa�JG GQJCluG11W, b'vu GVIU JG, cuvuvluuculal rJ1GJ1Ll vG, vi ally vulcl 1 CD 1GliLUlGU vpGu apaGC. C. Amend Section 3, Condition #5 to replace "182" with "793" so that it shall read: 5. Permitted uses within the `community facility' parcels include daycare center, church, recreation and/or cominumty center, and municipal government -uses.-_ - Retail commercial uses are specifically excluded. The uses shall_ be limited to 10,000 s.f, and 793 1 302 total daily trips. D. Amend Section 3, Condition #6 to replace the words "shall be" with the word "are" - so that , and add anew sentence which states "Parcel accesses onto Palm Beach County roadways must also be approved_by the County" so that rt shall.read 6. Parcel access illustrated on the master plan are shall be conceptual in nature E. Amend Section 3, Condition #8, to add the word "Public" at the beginning of the 8. Public road cross- sections, to be dedicated to Palm Beach County, are conceptual in nature and shall be subject to joint review by Palm Beach County and Palm Beach Gardens. F. Amend Section 3, Condition #14, to remove the word "the" after the words "consistent with" and replace it with the words "a future ", to add the words "parkways, if and when necessary subject to photometric analysis," before the words "shall be installed ", to add the word "parkway" after the words "installed along all ", to add the word " /sidewalks" behind the word "pathway" so that it shall read: 14. Lighting consistent with c a future city- selected design for parkways, if and when necessary subject to photometric analysis, shall be installed along all parkway pathways /sidewalks concurrent with pathway /sidewalk installation. Lighting plans shall be submitted for City review concurrent with the submittal of beautification/landscape plans as outlined in conditions 15 and 16. G. Amend Section 3, Condition #16, to add the word "/buffer" after the words "right -of- way and parkway ", to add the words "including pump station screening," before the words "for City Council approval ", to add a new sentence "These landscape plans shall include conceptual median landscape details for all public roadways." after the words "for City Council approval ", and to eliminate the two sentences which comprise the second and third sentence of the original condition so that it shall read: 16. Within nine (9) months of the effective date of this ordinance, the applicant shall submit detailed road right -of -way and parkway/buffer landscape plans for all public roads and adjacent common space areas, including pump station screening, for City Council approval. These landscape plans shall include conceptual median landscape details for all public roadways. VVc f. pans 3hGLll VV JUVllll LLL.0 1V1 L+UL.11 LVUW rlUl1�VY UJ', u L- 1U11L. 1CL11LLJL.uYL.0 JlilJ11GLL1V GL11U u T- - ._L .. - - - '• - '- 1U11L+ 1GLLILLJL+U VLL Jl�L�11GLL1V 111 L.ULill J1+411GLL 1V L11Li 1GLL1 JL1Ul1 1LLL+11 L11 L11LJ 111 JL - .-.- L._;.,_' �.l .L:.:L 4._ «,],.�,7 �./11UJLi Vl L"II%AJL+CLj./111g YY 111Li11 10 111LUlltIVLL LV VUllLil %`111 F"L`-YYUJ' F""L VY CLJ' F- ...,... a1-- ._,1:,_,.,_ «a ,..]__.— ..11 a1— 1;,11 11 Gil—, U16• "UJUliV11L 1VULIVVUJ', UJ YYL.11 as L11%, lull l/\.CLUL111L/ULl V1L lU11LLJL+U�JL. -4:' 41-- .,.may ...i..v. w.v .. v....v — , — --- — --A constructed" after the words "cart path areas, etc.)" so that it shall read: - 18. Prior to commencement of land alteration/construction of «c any golf courses, a conceptual landscape plan and grading plan for the entire golf area fairways /roughs, cart path areas, etc.) to be constructed shall be reviewed by the Department, in consultation with the City Environmental Consultant. The plans shall detail and locate all golf cart and maintenance pathways, bridges, golf course structures, utility easements, vegetation to be preserved or relocated, and new landscaping. I. Amend Section 3, Condition #30, to add the word "first" before the words "certificate of occupancy ", to add the words ",excluding a golf maintenance shed," after the words "certificate of occupancy ", to delete the words "of the golf clubhouse" before the words "and/or opening ", to remove the word "the" and replace it with the word "a" before the words "golf course" so that it shall read: 30. The applicant and/or its successors or assigns shall be responsible to construct a 9100 s.f. fire /police station pursuant to City design requirements on the parcel illustrated on the master plan; upon completion and issuance of certificate of occupancy it shall be dedicated to the City (fully operational with all utilities). Such dedication shall occur prior to issuance of the ,first certificate of occupancy, excluding a golf maintenance shed, G.L LL s:,lf c:u0 .;;asc and/or opening of IUAc a golf course, whichever occurs first. I Amend Section 3, Condition #31 so that it shall read: 31. The applicant shall be responsible for park and recreation impact fees in the following .manner: - -: a. The applicant and/or its successors or assigns shall u-c :csY:,rs:Vlc LV construct a 15 -acre park situ (on the parcel illustrated on the master site with pedestrian level lighting 1 1;600 s.f. play structure with safety - surf ace ~ • -3 2 pavilions and clustered picnic areas, with maintenance storage capabilities and public restrooms at one pavilion • 4 tennis courts • a lighting system adequate to illuminate the four (4) tennis courts �. 90 space concrete parking lot (lighted) constructed in accordance with city requirements • landscaping (perimeter and interior), turf and irrigation b. Said park design shall be approved by the City Manager with review by the Parks and Recreation Advisory Board. Upon dedication of the 15 -acre park, $1,458,000 shall be credited against park and recreation impact fees due for the project. Park lighting design and specifications shall be approved by the City, FPL- leased lights shall not be co sidcrcu permitted. A4jaeent-pParkway improvements and lighting shall not be the responsibility of the City. mac: Y.►rk iJLIIFI%J V Crncr.�J The cost of the 4 }ightt�l tennis courts (but not the cost of the lighting System) and the cost of an additional nronosed running track) will be the responsibility of the School District and/or applicant in lieu of school impact fee credits; and no city parks and recreation credits shall be given. C. The applicant and/or its successors or assigns shall also provide the City with a cash payment money in lieu of improved recreation land equivalent to the 14.5 acres due pursuant to Section 114 -421 of the City's Codes. These monies shall be due prior to issuance of the 1,000" residential building permit and shall be paid to the City in a total lump sum of $1,409,400. This amount shall be credited against park and recreation impact fees due for the project. K. Amend Section 3, Condition #32, to modify enumeration `e.' by replacing the word "approval" with the word "review" after the words "School District's" so that it shall read: 32 e. The 90 -foot parkway, including the pathway, shall be designed and landscaped by the applicant in accordance with City requirements and School "the" with the word "a" after the words "this intersection," and to add the words 32. 1. No more than 10,367 net new external trips shall be generated from the referenced project until a signal warrant analysis has been performed for the intersection of Hood Road and Alternate AIA. This signal warrant analysis -&hall be continued on an annual basis until the signal is warranted or buildout of the referenced project, whichever occurs first. The analysis shall be submitted to and approved by the City. 3. Within six (6) months of the analysis showing the signal is warranted at the intersection, IL-11c a contract shall be let and a notice to proceed shall be issued for installation of a traffic signal at this intersection including all appropriate lane geometry (as determined in the above referenced intersection capacity analysis), pavement markings, signing, lighting, etc., as approved. Said installation shall be completed and fully operational within 6 months of the letting of the contract. M. Amend Section 3, Condition #35, to replace the figure "16,730" with "16,733" so that it shall read: 35. No more than 16,730 16,733 net new external daily trips shall be generated from the referenced project until the following improvements are constructed at the intersection of Prosperity Farms Road and PGA Boulevard: Dual left turn lanes East and West Approach. N. Amend Section 3, Condition #36, to eliminate the previous wording in its totality and replace it with a new condition relating to the four -laning of PGA Boulevard so that it shall read: 36. Cl4.. . _ :_ 4L,. _ '1nn1 ,._A _ +: ..: � ,.. L -_ 4L,..., r1 �i1C V LUl Ling ul Llll. Y' L.[Ll LV V 1 u11LL L+V11LL11LL111�, L.u\.11 Y %,CLL L11L.1 L.u1Ll.1, ...+ ..rn/-! A n,_..1.,._..._.7 L,.4__.,...... 4.1 . T`i,�„:, -1„�„ T....„ „1.,. .....a.......,.,. JL.S111L.111 Vl 1 VA LVUlV V MCI VL.L VVL.L.11 LLlt, 1 1V11UU J 1 LLL ll�Jll\L. L.11LL GLL1L. L. ..L....1.1 L... -.. «. +,...,..1 utlu 1 \�'UL.1 %. L.L J 1JVUl\. VLLLLL J11V4iu VL. 111V111LVLL.0 LV UL.LL.11llllll. L.aYuL.1Ly :..4.. A '1A L._ a_.r4:. « .L.1-1 L. R C ons 41uL11LJ. !1 LT -11VU1 LLU111L, L.VLLLIL J11VU1LL VV FL.11Vlllll.0 L1LLL111r, J ..a:_.,. .].._... /T..,.,..1.._. Llllv..._L TALUS,].._.\ ULLL:._� i.Vi1�L,�.uu v v uuy J � 1 uL.JUUy uu V u�ll 1 uLU Juuy � uLLLUis L11L, j./�'LLi1 J%,uJ Vll. 1 .. .. .. I. L.LL1 -11V U1 -LL11 L.L.Lllll l(11 L1.uI.��l.-.l�laJ U�Li. -1 /v -a ia..a.i .. ....a .a. ... .a.a.._ LV 1L.L U L.V11LL UL.l CLL1LL LJJ UV u 11V L1L. \. LV �JLV V\.VU `V V111111L.11L. L. ..4...... + :,. «N r _ 4L ,. ,. ..a......a ,.r.. A 1,..,..... ,a4 :.._.. 4r-- a1__- ,. Ra L+VIIJU UNllVllf 1V1 LLll, L+VIIJUUL+L1Vll Vl U T- luL1L. JL.L. L1V11 LV1 LL11J J1.S111L.111 L- .�;a•..�41....-4Z.,:...,, +L..- 4:...,.,. aL.: ...11....a...l� L..:l,l: «... :.........:a.. ._.11 V Ullullls 1,/L.111u LJ Wlll LV :..a:l --..1 '1,.........L..+: . :, V VV 1L1u141U I.LLllll JUIU \. V11J L1 UL. L1 V11 1J ,.-A L`._..4L .._ .. .., t....,.a:..� ..r.. A 1.. «....,.,. +: ,.« raL:,. --yy \.V111111\.111�\.U. 1 LLL LL1L/1, L.V11J L1 UV L1V11 V1 u T- luL1L. J%.L, L1V11 01 ULIJ JL.gllll.11t ..rDfl A n....l`._.....,1 ,_L..11 L`. .. ...l..a..A .. «L..0 __ 10 ...,. .,.a1 -- �.,. - -- V11 VA J.JV""'V"LU Jllull VV L.Vlllr/1L. LL.LL VIA V1 VL.IVL%, 1V 111V11LL1J 11V111 aL ,. + :.....,. 4L ,. ,...11....a,..1 4.... F4:.. _L_ ,.a.._ 4I___ 4L.....1.. «4,..7 "-4=- Lll11L. LLll. L.V11L. \. LL.0 LLu111L, V V1LLLlll. 1J E',1 L.uLL.1 L11LL11 I"., "%AVFLL.L1 LLC"JA%, ,.1.....,... all I.a...... I ,:+LL%,I%. LILI :..1 Y V1U111L.. Vl all LULLLLV UU11Ullls tJLr11111W VY 111 VV W111111L.r1U Lllllll JLLLU : 1- .1.4.7 11...:._ a1,- 1 O -4.1- .r 1V1341UL41V11 13 1J U1 111r, Llll. UL ,.4....,.+:,..... ._ 4L..... G'1L L.. :1,7:._,. ,.„.,: +,. ..L..11 L..: ,.,� TL;. L.VIIJLL UV L1V11, 11V 111VLL1 Lllull .JJV VUllUlll� JJL.11111LJ Jllull VV 1JJUL.U. 111\. «1 :,... «+ ..1.11 .:,7,. +L,. !'�:+_.. .:4L .. ,.+_. :- A— _ ...a ..r 1 1 !10/ ,.r appl1l.uLLL Jllull IJLV V I%I%, LLIN V1L.' YV1LL1 JILLL.Ly ul LL1L, ut11VLUIL. VL 11 V / V VL L11L1 L1V11LI"VL u111VLLL1L LV rLLCUC LLLL.L. %1UIII J1L.L1V11 Vl L111J 11111J1V VL.111L.11L. d. In order to comply with the mandatory Traffic Performance Standards, the applicant shall fund and/or cause commencement of the construction (let a contract and issue a notice to proceed) of PGA Boulevard as a four lane divided roadway on or before January 31, 2004 or prior to issuance of building permits which generate more than 17,276 net new external daily trips based upon the traffic impact analysis prepared by Kimley Horn, referenced as exhibit 17 in Section 4 of this ordinance, whichever occurs first. The applicant shall prepare the construction plans for the four laning of PGA Boulevard from the Avenue of the Champions to Ryder Cup Boulevard and obtain the necessary permits in a time frame to allow the ro?ti construction to commence on or before January 31, 2004 or prior to issuance of building permits which generate more than 17,276 net new external daily trips whichever occurs first. The applicant shall enter into an escrow agreement with Palm Beach County which will cause to be placed in an escrow account road impact fee monies which are due at the time of obtaining building permits for development within the project. The monies accumulated in the escrow account will be used to fund the plans preparation and construction costs of the road improvement. e. If the monies in the escrow account are insufficient to adequately fund plans preparation and/or construction costs, the applicant will advance the payment of road impact fee monies and any other monies sufficient to cover the necessary expenditures. f. To guarantee plans preparation and construction of the four lane PGA Boulevard improvement, the applicant shall provide the City with surety, acceptable to the City, in the amount of 110 percent of the estimated cost for plans preparation and construction of the PGA improvements, whichever occurs first. replace it with a new sentence "The applicant shall dedicate the Jog Road right -of- way by December 31, 1999 or upon recordation of the first residential plat, excluding the Golf Cottages and Corporate Lodges, whichever occurs first." so that it shall read: 37. -fit - XT a n,.- 1 --- ..._. n ITT n _L__. _. _: --14 17 �L - a-- . 1114 LY -U 1 CLL 11 YY "�' CLL1LL L- YI 1 CLL 11 VY "�' 1VC 16L 11S11LJ- VL- VY"A', CW YV 411 as L114 LVYV nn_ e n ..l .. .a a 1... _. a ..1-..,11 U- 1 . 1: 1 4- 7) t 1 V A L V u14 Y CLL LL 411 L1 CL1144 1 V"u YY " V J4S111411LJ, 111 "11 LJ4 LL4LL14CLL4LL LV 1 CLL111 114"411 VVUil I� YY 1Llu11 VV u"JJ VL 14Liu4JL Vy L114 VVLUILj L11gg111441 applicant shall dedicate the Jog Road right -of -way by December 31, 1999 or upon recordation of the first residential plat, excluding the Golf Cottages and Corporate Lodges, whichever occurs first. Right -of -way landscaping shall remain the installation and maintenance responsibility of the applicant and/or its successor and assigns. P. Amend Section 3, to add a new subsection entitled "Surface Water Management' ' and 13 new conditions which read: Surface Water Management 36. No construction of any portion of the surface water management system shall be undertaken without first submitting to the City, plans, specifications, and supporting computations for review and approval by the City. 37. Once issued, any proposed changes to the South Florida Water Management District Conceptual Surface Water Management permit shall be concurrently submitted to the City for review and City approval. 38. The applicant has represented to the City and to South Florida Water Management District that the project area will be a unit of the Northern Palm Beach County Improvement District. Prior to the issuance of the first building permit, excluding permits for infrastructure improvements, all criteria required by law to assess, operate, and maintain said unit must be confirmed in writing Department of Environmental Protection NPDES permit requirements, _ _._..including.but not limited to, preparation of a stormwater pollution.prevention _ _ _ a ernent rractices lrsivir -ior construction activities, submissionF of a Notice f � T � � e of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a storm water Notice of Termination. 40. W#thin 90 days of the effective date of this Development Order, the applicant shall submit an application for a water use diversion and impoundment permit to provide water to the project for the expressed purpose of groundwater /well field recharge consistent with an approved water budget analysis. To the extent possible, this application shall be coordinated with a consumptive use permit application to be submitted by Seacoast Utility Authority. 41. The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas including but not limited to East Pointe, Old Marsh, Hood Road, PQA Boulevard, and the Turnpike. 42. The existing east/west canal that connects South Florida Water Management District C -18 Canal with the Turnpike borrow canal shall remain in service as a recharge facility to Seacoast Utility Authority well fields until an alternate conveyance system is constructed and operating so as to function in a manner that is equal to or better than the existing canal. 43. Any temporary construction associated with phasing the proposed surface water management system improvements shall be undertaken so as not to impact native vegetation in designated buffer areas, preserve areas, and parkway areas. 44. All areas designated for maintenance of the surface water management system shall be no less than 15 ' wide with graded slopes no steeper than 8:1 (horizontal:vertical). No construction or landscaping shall be permitted in the maintenance areas that will in any way restrict, impede, or otherwise limit the use of these areas for there intended purpose. 45. Prior to the issuance of the first building permit, excluding permits for infrastructure improvements, the applicant shall provide surety acceptable to the City in the amount of 110% of the estimated cost of constructing that portion of the surface water management system included in the South Florida parcels and/or commercial area, a contract shall be let and a notice to proceed _ shall be issued for construction of the balance of the. surface water m anagement Sysfem as set forth m= SFWNID nceptual surface water management perinrt 47. No construction/land alteration shall occur until a surface water management permit, acceptable to SFWMD and the City is approved. 48. Failure to obtain a surface water management permit acceptable to SFWMD anal the City by December 18, 1998 shall cause this ordinance to be automatically remanded to the City Council for reconsideration. Q. Amend Section 3, to add a new subsection entitled "Performance Standards" and a new condition which reads: 58. The golf course(s) shall be designed and constructed by a nationally - recognized golf entity, and maintained at the direction of a head golf professional who shall be a class "A" member of the Professional Golfer's Association of America or other national certification of equal value, who shall have at least five (5) vears of experience in the Southern region.. The golf management services /administration personnel shall include professional turf consultants, entomologists. plant biologists and such other professional specialists required to care and maintain the course(s). R. Amend Section 3 to add a new condition #59 which reads: 59. Prior to the issuance of the first residential building permit, the master property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public, Records of Palm Beach County. S. Amend Section 3 to add a new condition #35 which reads: 35. During the course of development, all property within the PCD shall be platted. T. Amend Section 3 to add a new subsection entitled "Water and Sewer" with a new condition which reads: Water and Sewer 49. The applicant shall enter into a master sewer and water agreement with �z��Sac4�s( 13t�liy�4uoity for, fhentrrePC FM Dan 4dgc3e_a cog i- f _ a ee e to #1 e City or- he eecfi�e date =of this -` - . gr pn = eve'lopme rdei U. Amend Section 3, to eliminate Condition #11, and re- number the other conditions accordingly. - V. Amend Section 3, Condition #20, to delete the condition, and renumber the remaining conditions accordingly. W. Amend Section 3, Condition #21, to delete the condition, and renumber the remaining conditions accordingly. X. Add a new Section 2 which reads as follows and re- number the subsequent sections accordingly: SECTION 2. The following provisions shall apply in this ordinance: 1. For purposes of this ordinance, the term Applicant shall refer to JCB Golf Ventures, Inc. The Applicant shall be the sole party responsible for the obligations herein, unless such obligations are specifically and expressly assigned by the Applicant, in whole or in part. At such time as the master Property Owner's Association (POA) is duly formed and incorporated, the PQA shall be made responsible for those obligations relating to environmental preservation, landscape maintenance, including buffer, parkway and easement areas, and other related aesthetic improvements. 2. Development of this project shall be in conformity with all codes, ordinances, rules and reaulations of the City as such may be amended from time to time, including, but not limited to, the City's landscape and natural resources requirements. In the event of conflict between the provisions of this ordinance and a code, ordinance, rule or regulation of the, City, the provisions of this ordinance shall prevail. Y. Amend Section 4, exhibit 1, to replace the "September 23, 1998 Master Plan, Urban Design Studio, 1 Sheet" with "October 5, 1998 Master Plan, Urban Design Studio, 1 Sheet" so that it shall read: 36. Scptcl .bcr 23 October 5, 1998 Master Plan, Urban Design Studio, 1 Sheet. Z. Amend Section 4, exhibit 8, to replace the "September 11, 1998 Roadway /Access Easement Sections, Urban Design Studio, 1 Sheet" with "October 5, 1998 Roadway /Access Easement Sections, Urban Design Studio, 1 Sheet" so that it shall read: 8. "CPt0111VV1 11 October 5, 1998 Roadway /Access Easement Sections, Urban AA. Amend Section 4, exhibit 10(A), to replace the "September 23, 1998 Roadway / Buffer Sections -- Section A -A' & B -B', Urban Design Studio, 1 Sheet" with "October 5, 1998 Roadway / Buffer Sections -- Section A -A' & B -B',- _Urban Design Studio, 1 ; Sheet" so that it shall read: 10. (A) Scptc111VV1 23 October 5, 1998 Roadway /Buffer Sections -- Section A -A' & B -B', Urban Design Studio, 1 Sheet. BB. Amend Section 4, exhibit 10(B), to replace the "September 23, 1998 Roadway / Buffer Sections -- Section C -C' & D -D', Urban Design Studio, 1 Sheet" with "October 5, 1998 Roadway / Buffer Sections -- Section C -C' & D -D', Urban Design Studio, 1 Sheet" so that it shall read: 10. (B) U4r/­LV111V41 23 October 5, 1998 Roadway /Buffer Sections -- Section C -C' & D -D', Urban Design Studio, 1 Sheet. CC. Amend Section 4, exhibit 10(C), to replace the "September 23, 1998 Roadway / Buffer Sections -- Section E -E' & F -F, Urban Design Studio, 1 Sheet" with "October 13, 1998 Roadway / Buffer $ectigns -- Section E -E' & F -F, Urban Design Studio, 1 Sheet" so that it shall read: 10. (B) "%,Ytcl:lh;1 23 October 13, 1998 Roadway / Buffer Sections -- Section C- C' & D -D', Urban Design Studio, 1 Sheet. DD. Amend Section 4, exhibit 10(D), to replace the "September 23, 1998 Roadway / Buffer Sections -- Section G -G', H -H' & I -I', Urban Design Studio, 1 Sheet" with "October 5, 1998 Roadway / Buffer Sections -- Section G -G', H -H' & I -I', Urban Design Studio, 1 Sheet" so that it shall read: 10. (B) Scptcrnbucr 23 October 5, 1998 Roadway / Buffer Sections -- Section G- G', H -H' & I -I', Urban Design Studio, 1 Sheet. EE. Amend Section 4, exhibit 6, to eliminate the "January 21, 1997 Littoral Planting Adjacent to Significant Areas, Urban Design Studio, 1 Sheet" and reorder the remaining exhibits accordingly. FF. Amend Section 4, by revising exhibit 16 to amend the title to read "Traffic Impact Analysis - Golf Digest - Palm Beach Gardens ", to revise the date of the document as follows "July, 1998, as revised July 30, 1998, September 2, 1998, and by the October 7, 1998 `growth rates revision' letter to Dan Weisberg from Joseph Pollock, Jr. ", and to revise the number of napes from "10 ". -to 1146" so that it shnll rend 16. July, 1998, as revised July 30," 1998, September 2, 1998, and by the October 7, 1998 `growth rates revision' letter to Dan Weisberg from Joseph Pollock„ Jr. V _.,.._,1LJ%,L Z- i nno Traffic Impact Analysis - Golf Digest - Palm Beach Gardens, Kimley -Horn and Associates, Inc., +0 46 Pages. GG. Amend Section 4, by adding a new exhibit, 17 "September 11, 1998 Conceptual 15 Acre Park Development Plan, Urban Design Studio, 1 Sheet ". HH. Amend Section 9 to amend the effective date of the ordinance from "upon adoption" to "November 20, 1998" so that it shall read: "SECTION 9. This Ordinance shall be effective upon adopt ivii November 20, 1998." 10/5/98 10/15/98 ORDINANCE 21,1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REZONING 2,304.79 ACRES OF LAND LOCATED WEST OF FLORIDA'S TURNPIKE BETWEEN PGA BOULEVARD AND HOOD ROAD TO A PLANNED COMMUNITY DISTRICT (PCD) TO PERMIT RESIDENTIAL USES CONSISTING OF TWO THOUSAND ONE HUNDRED FORTY -FIVE (2145) DWELLING UNITS, THREE (3) GOLF COURSES, CLUBHOUSE, TRAINING FACILITY AND SUPPORT FACILITIES, 105,000 SQUARE FEET OF OFFICE USE, 15,000 SQUARE FEET OF COMMERCIAL USE, 10,000 SQUARE FEET OF COMMUNITY FACILITY USE AND 5,000 SQUARE FEET OF SALES CENTER USE, PROVIDED DEVELOPMENT THEREOF SHALL BE IN ACCORDANCE WITH REQUIREMENTS FOR SITE PLANS PURSUANT TO THE. PALM BEACH_GARDENS CODE OF ORDINALACES; -- - _- - PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from JCB Golf Ventures, Inc. for rezoning of 2,304.79 acres of land located between PGA Boulevard and Hood Road, west of Florida's Turnpike to a Planned Community District known as "Golf Digest "; WHEREAS, the 2,304.79 acres of land involved is presently zoned as Planned Development Area (PDA) with a land use designation of Residential Low (RL); WHEREAS, the Growth Management Department (the "Department ") has reviewed said petition and determined that is sufficient; and WHEREAS, the rezoning is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Ordinance 21, 1998 Golf Digest Development Order Page 2 SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the application of JCB Golf Ventures, Inc. for the rezoning of 2,304.79 acres located north of PGA Boulevard, south of Hood Road, and west of Florida's Turnpike to a Planned Community District to be known as "Golf Digest ". SECTION 2. The following provisions shall apply in this ordinance: 1. For purposes of this ordinance, the term Applicant shall refer to JCB Golf Ventures, Inc. The Applicant shall be the sole parry responsible for the obligations herein, unless such obligations are specifically and expressly assigned by the Applicant, in whole or in part. At such time as the master Property Owner's Association (POA) is duly formed and incorporated, the POA shall be made responsible for those obligations relating to environmental preservation, landscape maintenance, including buffer, parkway and easement areas, and other related aesthetic improvements. 2. Development of this project shall be in conformity with all codes, ordinances, rules and regulations of the City as such may be amended from time to time, including, but not limited to, the City's landscape and natural resources requirements. In the event of conflict between the provisions of this ordinance and a code, ordinance, rule or regulation of the City, the provisions of this ordinance shall prevail. Ordinance 21, 1998 Golf Digest Development Order Page 3 SECTION 3. The following waivers are hereby granted with this approval: PCD Master Plan Submission Requirements a. Section 118- 50(2)a6 (total land area/open space) b. Section 118- 50(2)al5 (signage locations) c. Section 118- 50(2)n (landscape plan) Subsequent site plan review and approval shall be required for 1) the location and amount of open space included in each residential and nonresidential area, 2) signage locations, 3) detailed landscape plans in compliance with Chapter 98 for buffers, entrance features and common areas, 4) elevation of landscaping/screening arouind pump"-stations, 5) cross - section/landscape plan for road to SUA, 6) details on the areas between parcels, and 7) details for common areas or other sites not defined within a parcel (sales center, gatehouse, entrance features). Subdivision Design Standards d. Section 114 -213 (sidewalks) to allow sidewalks on one side only of streets. Sidewalks shall be installed consistent with the Sidewalk Location Plan. Zoning Supplementary Regulations e. Section 118 -278 (height limitations) to allow a maximum potential height of 65' for the office use from the code limitation of 36; 45' for the commercial use from the code limitation of 36; Ordinance 21, 1998 Page 4 Golf Digest Development Order and 50' for residential high (RH) pods from the code limitation of 45'. SECTION 4. Said Planned Community District is approved subject to the following conditions which are the obligation of the applicant and its successors and/or assigns: .Project Plans and Uses 1. The height of the office use shall be subject to design and site plan review for final determination and shall be limited to no more than 60' -65' to the top of the parapet. 2. Prior to the issuance of a building permit, excluding the corporate lodges, development of commercial retail uses at the 12 -acre commercial parcel will be prohibited. The commercial retail uses allowed shall be those uses identified under the CG -1 - General Commercial District. 3. Lots shall not include parkways, landscape easements or buffers, golf course or any other community- serving open space. 4. The gatehouse, sales center and entrance features shall undergo site plan review and consideration by the City Council, without review of the Site Plan and Appearance Review Committee. The sales center shall be limited to sales and resales of homes within the Golf Digest project. Ordinance 21, 1998 Page 5 Golf Digest Development Order 5. Permitted uses within the `community facility' parcels include daycare center, church, recreation and/or community center, and municipal government uses. Retail commercial uses are specifically excluded. The uses shall be limited to 10,000 s.f. and 793 total daily trips. 6. Parcel access illustrated on the master plan are conceptual in nature and shall be subject to site plan review and modification for geometry,, operational and safety ;design details.--Parcel accesses onto Palm Beach County roadways must also be annroved by the County. 9. The golf courses) shall be irrigated with reclaimed water. 10. The applicant acknowledges that a portion of the subject property is encumbered by that certain Lease between the MacArthur Liquidating Trust and the City of Palm Beach Gardens dated December 20, 1990, as amended, and applicant, his successors and/or assigns shall be governed by the provisions therein. Ordinance 21, 1998 Page 6 Golf Digest Development Order Environmental Preservation and Landscaping 11. Prior to construction plan approval or commencement of land alteration, whichever occurs first, a preservation or relocation plan shall be submitted and approved by the Department for the numerous oak trees, dahoon holly and other native canopy species which exist throughout the property in areas slated for development, i.e., outside the proposed upland and wetland preserve areas. 12. All preserve areas, native vegetation and trees to be pr Condition # 11 are protected. ved shall be _identified i Lighting consistent with a future "city= selected design for parkways, 'if an d when necessary subject to photometric analysis, shall be installed along all parkway pathways /sidewalks concurrent witl.pathway /sidewalk installation. Lighting plans shall be submitted for City review concurrent with the submittal of beautification/landscape plans as outlined in conditions 14 and 15. 14. Within nine (9) months of the effective date of this ordinance, the applicant shall submit a PGA Boulevard right -of -way beautification plan, consistent with the PGA Boulevard Corridor Overlay and Parkway Overlay, for City Council approval. Council approval shall Ordinance 21, 1998 Golf Digest Development Order Page 7 include requirements for the timing of the completion of said right -of -way beautification improvements, which shall occur no later than the timing of the parkway improvements as specified on the Common Area Phasing Plan. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. 15. Within nine (9) months of the effective date of this ordinance, the applicant shall submit detailed road right -of -way and parkway/buffer landscape plans for all public roads and its successors and assigns. Said landscaping shall be installed consistent with the Common Area Phasing Plan. 16. Detailed road right -of -way landscape plans for non - public roadways shall be reviewed and approved by the Department prior to the land clearing for said road. 17. Prior to commencement of land alteration/construction of any golf courses, a conceptual landscape plan and grading plan for the entire golf area (fairways /roughs, cart path areas, etc.) to be constructed shall be reviewed by the Department, in consultation with the City Environmental Consultant. The plans shall detail and locate all golf cart and maintenance pathways, bridges, golf course structures, utility easements, vegetation to be preserved or Ordinance 21, 1998 Golf Digest Development Order relocated, and new landscaping. Page 8 18. Within nine (9) months of the effective date of this ordinance, the applicant shall submit detailed PCD buffer plans for City Council approval. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Buffers shall be installed consistent with the Common Area Phasing Plan. 19.. There shall be a minimum 25' buffer between all parcels _and. the adj 20. Parkway easements/landscape buffers shall be provided within parcels and/or in the common space areas outside of the road right -of -way so that the following minimums are achieved: a. There shall be a minimum 55' buffer /easement along the commercial parcel's frontage of the N -S Parkway. b. There sl*all be a minimum 90' buffer /easement along Parcel M, N, O, P, Q, U, and V's frontage of the N -S Parkway. C. There shall be a minimum 90' buffer /easement along the sales center's frontage of the E -W Parkway and the western entrance drive. Said buffer landscape plans shall be reviewed as a component of the subject parcel's site plan review process if the minimum area is not provided in the common space areas outside of the road right -of -way (as demonstrated on the plans required by Conditions 14 and 15.) Ordinance 21, 1998 Page 9 Golf Digest Development Order 21. All internal buffer details shall be submitted and approved concurrently with the associated parcel or common area site plan. 22. Preserves and buffers shall be unencumbered by maintenance, utility or drainage easements. As an exception, perpendicular easement crossings of any buffers, parkway treatments or stands of native vegetation may be permitted in certain locations subject to Department approval. PGA Boulevard entrance, if approved prior to the project signage program, shall be considered `temporary' and subject to further review with the project sigmge program. 24. All utilities shall be placed underground and within public road rights -of -way. Other locations may-+e approved, if determined by the Department not to be in conflict with parkway treatments, landscape buffers or preserve areas. 25. Native vegetation within the road rights -of -way shall be protected where possible. Clearing shall not occur until road cross - sections (construction plans) are approved by the Department. In order to receive a clearing permit, the applicant and/or its successors and assigns shall identify for Department approval areas within where existing vegetation can be preserved Ordinance 21, 1998 Golf Digest Development Order within the road rights -of -way. Page 10 26. Prior to burning of vegetative debris, the applicant and successors and/or assigns shall provide at least 48 hours written notice to the governing boards of the Eastpointe Homeowners Association, Old Marsh Homeowners Association and PGA National Property Owners Association. Dedications / Improvements plan; upon completion and issuance of certificate of occupancy it shall be dedicated to the City (fully operational with all utilities). Such dedication shall occur prior to issuance of the first certificate of occupancy, excluding a golf maintenance shed, and/or opening of a golf course, whichever occurs first. 28. The applicant shall be responsible for park and recreation impact fees in the following manner: a. The applicant and/or its successors or assigns shall construct a 15 -acre park (on the parcel illustrated on the master plan) with the following improvements, subject to City design standards, and shall dedicate said improved park to the City prior to issuance of the 5001 residential building permit: Ordinance 21, 1998 Golf Digest Development Order Page 11 • a mile -long jogging trail with vitae course along the perimeter of the site with pedestrian level lighting • 1 lighted soccer (100 yard x 70 yard) field • 6 fenced/lighted regulation sand volleyball courts • 1 1,600 s.f. play structure with safety surface • 2 pavilions and clustered picnic areas, with maintenance storage capabilities and public restrooms at one pavilion - • a h9 tin system adequate `to illuminate the four (4) teams courts:^ • 90 space concrete parking lot (lighted) constructed in accordance with city requirements • landscaping (perimeter and interior), turf and irrigation b. Said park design shall be approved by the City Manager with review by the Parks and Recreation Advisory Board. Upon dedication of the 15 -acre park, $1,458,000 shall be credited against park and recreation impact fees due for the project. Park lighting design and specifications shall be approved by the City, FPL- leased lights shall not be permitted. Parkway improvements and lighting shall not be the responsibility of the City. The cost of the 4 tennis courts (but not the cost of the lighting system) and the cost of an additional proposed running track) will be the Ordinance 21, 1998 Page 12 Golf Digest Development Order responsibility of the School District and/or applicant in.lieu of school impact fee credits; no city parks and recreation credits shall be given. C. The applicant and/or its successors or assigns shall also provide the City with a cash payment in lieu of improved recreation land equivalent to the 14.5 acres due pursuant to Section 114 -421 of the City's Codes. These monies shall be due prior to issuance of the 1,000' residential building permit and shall be paid to the City in a total lump sum of $1,409,400. This amount shall be credited against park and 29. The applicant and its successors and/or assigns shall provide the School District of Palm Beach County with a warranty deed for the 32 -acre school site by January 31, 2000. The developer shall plat and dedicate the school site to the Palm Beach County School District prior to conveying the deed, and shall have satisfied each of the following conditions prior to deed conveyance. a. Applicant to provide a title policy insuring marketable title to the Palm Beach County School District. d. All ad valorem real estate taxes and assessments for the year of closing shall be pro- rated at the day of acceptance of the deed for the civic site; acceptance date to be determined by the School District Planning and Real Estate Department. e. School site shall be free and clear of all trash and debris at the time of acceptance of Ordinance 21, 1998 Page 13 Golf Digest Development Order the warranty deed. f. The applicant shall provide perimeter landscaping around the school site including the east boundary in accordance with City requirements prior to the opening of the first school. g. The 90 -foot parkway, including the pathway, shall be designed and landscaped by the applicant in accordance with City requirements and School District's review and completed prior to the opening of the first school. h. The site shall be a developable site free of environmental constraints. development of the proposed school site by the School District. Applicant shall specifically address the following issues: 1. The discharge of surface water from the proposed school site into the Applicant's water retention basins. 2. Provide for easements across the Applicant's property from the proposed -whool site to the retention basins, if required. j. Applicant to prepare school site to buildable grade under the School District's Program Management Department supervision. k. Applicant to provide water and sewer stubbed out to the school site property line. 1. Applicant to provide a 15 -foot stabilized easement to provide for secondary access to the elementary and middle schools. Ordinance 21, 1998 Page 14 Golf Digest Development Order The Applicant shall provide the School District with a certified survey of the proposed school site by September 1, 1999. Survey shall reflect the boundary and topographical areas of the site and the survey shall meet Minimum Technical Standards for a Boundary Survey as prescribed by F.A.C. 21HH.6. The Applicant shall provide the School District with an Environmental Assessment Statement, which describes the environmental conditions of the property including Wellfield Protection Zones by January 15, 2000. 30. The following conditions shall be satisfied as terms of conditional concurrency certification: a. No more than 10,367 net new external daily trips shall be generated from the referenced project prior to widening Alternate A I A to a 6 -lane roadway from Hood Road to PGA Boulevard. b. No greater than 17,504 net new external daily trips shall be generated from the referenced project prior to the construction of a second eastbound left turn lane and a second westbound left turn lane at the intersection of Donald Ross Road and Alternate A IA. With regard to Hood Road and Alternate A 1 A intersection improvements: Ordinance 21, 1998 Golf Digest Development Order Page 15 1. No more than 10,367 net new external trips shall be generated from the referenced project until a signal warrant analysis has been performed for the intersection of Hood Road and Alternate A 1 A. This signal warrant analysis shall be continued on an annual basis until the signal is warranted or buildout of the referenced project, whichever occurs first. The analysis shall be submitted to and approved by the City. 2. An intersection capacity analysis shall be performed to determine the need or additional tufn lanes iricludirig,`bu "t not limited fo; second northbound left turn lane and second eastbound right turn lanes. 3. Within six (6) months of the analysis showing the signal is warranted at the intersection, a contract shall be let and a notice to proceed shall be issued for installation of a traffic signal at this intersection including all appropriate lane -geometry (as determined in the above referenced intersection capacity analysis), pavement markings, signing, lighting, etc., as approved. Said installation shall be completed and fully operational within 6 months of the letting of the contract. 31. The following shall be the required lane geometry at the project entrances. The specified improvements shall be completed concurrent with each project entrance. Ordinance 21, 1998 Golf Digest Development Order a. Hood Road and Project Entrance: Northbound 1 Through Lane 1 Right -Turn Lane Southbound 1 Through Lane Westbound 1 Left -Turn Lane 1 Right -Turn Lane b. PGA Boulevard and East Project Entrance: Traffic Signal Northbound 1 Through Lane 1 Right -Turn Lane - Southbound 1 Left -Turn Lane 1 Through Lane Eastbound 2 Through Lanes Westbound 1 Left -Turn Lane 2 Through Lanes 1 Right -Turn Lane C. PGA Boulevard and West Project Entrance: Northbound 1 Through Lane 1 Right -Turn Lane Southbound 1 Left -Turn Lane 1 Through Lane Eastbound 1 Left -Turn Lane 1 Through Lane 1 Right -Turn Lane Westbound 1 Left -Turn Lane 1 Through Lanes Page 16 Ordinance 21, 1998 Golf Digest Development Order 1 Right -Turn Lane Page 17 Further, a pedestrian cross -walk crossing PGA Boulevard shall be provided at the Ryder Cup Boulevard/western project entrance. 32. No more than 16,733 net new external daily trips shall be generated from the referenced project until the following improvements are constructed at the intersection of Prosperity Farms Road and PGA Boulevard: Dual left turn lanes East and West Approach. 33. a. In order to comply with the mandatory Traffic Performance Standards, the applicant shall fund and/or cause commencement of the construction (let a contract and issue a notice to proceed) of PGA Boulevard as a four lane divided roadway on or before January 31, 2004 or prior to issuance of building permits which generate more than 17,276 net new external daily trips based upon the traffic impact analysis prepared by Kimley Horn, referenced as exhibit 17 in Section 4 of this ordinance, whichever occurs first. The applicant shall prepare the construction plans for the four laning of PGA Boulevard from the Avenue of the Champions to Ryder Cup Boulevard and obtain the necessary permits in a time frame to allow the road construction to commence on or before January 31, 2004 or prior to issuance of building permits - which generate more than 17,276 net new external daily trips whichever occurs first. The applicant shall enter into an escrow agreement with Palm Beach County which will cause to be placed in an escrow account road impact fee monies which are due z Ordinance 21, 1998 Page 18 Golf Digest Development Order at the time of obtaining building permits for development within the project. The monies accumulated in the escrow account will be used to fund the plans preparation and construction costs of the road improvement. b. If the monies in the escrow account are insufficient to adequately fund plans preparation and/or construction costs, the applicant will advance the payment of road impact fee monies and any other monies sufficient to cover the necessary expenditures. C. To guarantee plans preparation and construction of the four lane PGA Boulevard improvement, the applicant shall provide the City with surety, acceptable to the City, in the amount of 110 percent of the estimated cost for plans preparation and construction of the PGA Boulevard four lane improvement, within six (6) months of the effective date of this development order or upon issuance of the first building permit, excluding permits for site infrastructure improvements, whichever occurs 79 first. 34. The applicant shall dedicate the Jog Road right -of -way by December 31, 1999 or upon recordation of the first residential plat, excluding the Golf Cottages and Corporate Lodges, whichever occurs first Right -of -way landscaping shall remain the installation and maintenance responsibility of the applicant and /or its successor and assigns. Ordinance 21, 1998 Page 19 Golf Digest Development Order 35. During the course of development, all property within the PCD shall be platted. Surface Water Management 36. No construction of any portion of the surface water management system shall be undertaken without first submitting to the City, plans, specifications, and supporting computations for review and approval by the City. 37. Once issued, any proposed changes to the South Florida Water Management District Conceptual Surface Water Management permit shall be concurrently submitted to the City for review and City approval. 38. The applicant has represented to the City and to South Florida Water Management District that the project area will be a unit of the Northern Palm Beach County Improvement District. Prior to the issuance o£4he first building permit, excluding permits for infrastructure improvements, all criteria required by law to assess, operate, and maintain said unit must be confirmed in writing to the City by Northern Palm Beach County Improvement District. 39. The applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Ordinance 21, 1998 Golf Digest Development Order Page 20 Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a storm water Notice of Termination. 40. Within 90 days of the effective date of this Development Order, the applicant shall submit an application for a water use diversion and impoundment permit to provide water to the project for the expressed purpose of groundwater /well field recharge consistent with an approved water budget analysis. To the extent possible, this application shall be coordinated with a consumptive use permit application to be submitted by Seacoast Utility Authority. 41. The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas including but not limited to East Pointe, Old Marsh, Hood Road, PGA Boulevard, and the Turnpike. 42. The existing east4west canal that connects South Florida Water Management District C -18 Canal with the Turnpike borrow canal shall remain in service as a recharge facility to Seacoast Utility Authority well fields until an alternate conveyance system is constructed and operating so as to function in a manner that is equal to or better than the existing canal. 43. Any temporary construction associated with phasing the proposed surface water management system improvements shall be undertaken so as not to impact native vegetation in designated Ordinance 21, 1998 Golf Digest Development Order buffer areas, preserve areas, and parkway areas. Page 21 44. All areas designated for maintenance of the surface water management system shall be no less than 15' wide with graded slopes no steeper than 8:1 (horizontal:vertical). No construction or landscaping shall be permitted in the maintenance areas that will in any way restrict, impede, or otherwise limit the use of these areas for there intended purpose. 45. Prior to the issuance of the first building permit, excluding permits for infrastructure improvements, the applicant shall provide surety acceptable to the City in the amount of 110% of the estimated cost of constructing that portion of the surface water management system included in the South Florida Water Management District Conceptual Surface Water Management permit for this project. 46. Prior to the issuance of any building permits for construction of the residential parcels and/or commercial area,-;a contract shall be let and a notice to proceed shall be issued for construction of the balance of the surface water management system as set forth in SFWMD conceptual surface water management permit. 47. No construction/land alteration shall occur until a surface water management permit, acceptable to SFWMD and the City is approved. Ordinance 21, 1998 Page 22 Golf Digest Development Order 48. Failure to obtain a surface water management permit acceptable to SFWMD and the City by December 18, 1998 shall cause this ordinance to be automatically remanded to the City Council for reconsideration. Water and Sewer 49. The applicant shall enter into a master sewer and water agreement with Seacoast Utility Authority for the entire PCD and provide a copy of said agreement to the City prior to the effective date of this Development Order. Public Safety 50. The applicant and/or its successor and assigns shall provide on -site private security until the roadways are completed to deter construction theft. 51. Within 60 days�of the effective date of this ordinance, Crime Prevention Through Environmental Design (CPTED) principles shall be established in conjunction with the City's Crime Prevention Division. These design principles shall be utilized during site planning of the development parcels. 52. The applicant and/or its successor and assigns shall provide a stabilized road base, subject to City standards, for fire /emergency access to each development parcel prior to the start of Ordinance 21, 1998 Page 23 Golf Digest Development Order construction within said parcel. Disclosure 53. Pursuant to School Board requirements, a sign shall be posted in all sales offices /model homes which provides notice of annual school boundary assignments for students of this project. This 11 "x17" notice shall be provided by the School Board. 54. A prominent statement, such as the one shown below, shall be included in sales and marketing materials and property owners association documents: Golf Digest (or specific property location) is located within 4.5 miles of North County Airport, a general aviation reliever airport. Airplanes operating to, from and/or near North County Airport will be noticeable and airplane noise may be objectionable. 55. A disclosure shall be included in sales and marketing materials and property owners association documents which identifies that the N -S Parkway and E -W Parkway will be dedicated to PalrP.Beach County in the future, and that these thoroughfares have the potential of becoming six -lane facilities. 56. Disclosure shall be provided to all potential home buyers and a statement shall be contained in all property owners association documents which identifies the proximity of the Seacoast Utility Authority Wastewater Treatment Facility and the potential odors that may be emitted therefrom. Ordinance 21, 1998 Golf Digest Development Order Page 24 57. A prominent statement shall be contained in all property owners association documents which identifies that the levels of all water bodies in the surface water management system may fluctuate dramatically during very wet or very dry periods and that the priority purpose of these water bodies is to fulfill surface water management, not aesthetics. Performance Standards 58. The golf course(s) shall be designed and constructed by a nationally - recognized golf entity, and maintained at the direction of a head golf professional who shall be a class "A" member of the Professional Golfer's Association of America or other national certification of equal value, who shall have at least five (5) years of experience in the Southern region.. The golf management services /administration personnel shall include professional turf consultants, entomologists, plant biologists and such other professional specialists required to care and maintain the course(s). 59. Prior to the issuance of the first residential building permit, the master property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. Ordinance 21, 1998 Golf Digest Development Order Buildout Page 25 60. Consistent with Chapter 118 -46, recordation of all plats, installation of all infrastructure, common area improvements and landscaping, and dedication of facilities, rights -of -way and easements shall be completed prior to December 31, 2004. Time extensions are subject to the criteria set forth in Chapter 118 of the City's Land Development Regulations, and any time extension request shall include a Traffic Impact Analysis to identify additional roadway improvements which may be required to extend the buildout of the project. Additional roadway improvements, if any, shall be incorporated into the Development Order. SECTION 5. Construction of the Planned Community District shall be in compliance with the following plans on file with the City's Growth Management Department: 1. October 5, 1998 Master Plan, Urban Design Studio, 1 Sheet 2. September 23, 1998 Common Area Phasing Plan, Urban Design Studio, 1 Sheet 3. September 23, 1998 Development Phasing Plan, Urban Design Studio, 1 Sheet 4. January 21, 1997 Hood Road Perimeter Buffer, Urban Design Studio, 1 Sheet 5. May 20, 1998 Littoral Planting Adjacent to Selected Areas, Urban Design Studio, 1 Sheet 6. September 14, 1998 North -South Parkway System, Urban Design Studio, 1 Sheet 7. September 14, 1998 PGA Boulevard & East West Parkway System, Urban Design Studio, 1 Sheet 8. October 5, 1998 Roadway /Access Easement Sections, Urban Design Studio, 1 Sheet 9. September 23, 1998 Roadway / Buffer Section Location Map, Urban Design Studio, 1 Sheet 10. (A) October 5, 1998 Roadway / Buffer Sections -- Section A -A' & B -B', Urban Design Studio, 1 Sheet (B) October 5, 1998 . Roadway / Buffer Sections -- Section C -C' & D -D', Urban Design Studio, 1 Sheet (C) October 13, 1998 Roadway / Buffer Sections -- Section E -E' & F -F, Urban Design Studio, 1 Sheet (D) October 5, 1998 Roadway / Buffer Sections -- Section G -G', H -H' & I -I', Urban Design Studio, 1 Sheet (E) September 24, 1998 Rgadway/Buffer Section - East -West & North -South Parkway 4 Lane Ordinance 21, 1998 Golf Digest Development Order Page 26 Ultimate ROW, Urban Design Studio, 1 Sheet 11. September 29, 1997 Seacoast Utility Site Buffer (Scheme A &B), Urban Design Studio, 1 Sheet 12.. September 23, 1998 Sidewalk Location Map, Urban Design Studio, 1 Sheet 13. January 2l, 1997 Turnpike /Reservoir Buffer & 25' Wetland Buffer Adjacent to Residential, Urban Design Studio, 1 Sheet 14. June 17, 1998 Water and Wastewater Master Plan for Golf Digest, Carnahan - Proctor and Associates, 5 Sheets 15. August 19, 1998 Eastern Retained Property Conceptual Water Management Plan, Higgins Engineering, Inc., 3 Sheets 16. July, 1998, as revised July 30, 1998, September 2, 1998, and by the October 7, 1998 `growth rates revision' letter to Dan Weisberg from Joseph Pollock„ Jr. Traffic Impact Analysis - Golf Digest - Palm Beach Gardens, Kimley -Horn and Associates, Inc., 46 Pages. 17. September 11, 1998 Conceptual 15 Acre Park Development Plan, Urban Design Studio, 1 Sheet. Other supporting materials which provide additional back -up, data and analysis and/or justification for the aforementioned materials, and petition in general, include: 18. March 1996 AERIAL, 7 Sheets 19. March 11, 1996 TOPO, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 20. August 31, 1996 Boundary Mock Roos, Engineers. Surveyors. Planners, 2 Sheets 21. November 21, 1996 Seacoast Utilities Hood Road Wellfield Location Map, Howard L. Searcy Consulting Engineers, Inc., 1 Sheet 22. October 1996 Preliminary Market Overview, Cotton & Company, 7 pages +August 1996, Palm Beach Coumty Market Study, WCI Communities, 40 Pages 23. July 13, 1995 Option Agreement For Sale And Purchase, Between John D. MacArthur Foundation and The Nature Conservancy, 5 Pages 24. October 10, 1996 Mitigation Agreement, Board of County Commissions, 10 Pages 25. May 20, 1996 Application Form of Golf Digest - Loxahatchee Slough, WCI Communities Limited Partnership, 4 Pages 26. November, 1996 Application for Alternation of Environmentally Significant Lands Environmental Assessment, Kevin L. Erwin Consulting Ecologist, Inc., 15 Pages + Map A Site Location Man, Higgins Engineering, Inc., 1 Sheet Map B Aerial Photography, 1 Sheet Map C Existing Terrestrial And Aquatic Vegetation. Map D Preservation Plan, 1 Sheet Map E USDA/SCS Soils Map, Higgins Engineering, Inc., 3 Sheets 27. December 19, 1996 Environmental Assessment Response to Sufficiency Review / Palm Beach Ordinance 21, 1998 Page 27 Golf Digest Development Order Gardens, Kevin L. Erwin consulting Ecologist, Inc., 26 Pages 28. January 3, 1997 Environmental Assessment- Response to Sufficiency / Palm Beach Gardens, Kevin L. Erwin Consulting Ecologist, Inc., 26 pages 29. January 24, 1997 Environmental Assessment - Sufficiency Review, Kevin L. Erwin Consulting Ecologist, Inc. 4 Pages 30. January 28, 1997 received by City of P.B.G., Environmental Assessment Transparent Overlays, Urban Design Studio, 28 Sheets 31. Apri130, 1997 Environmental Review of the Proposed Golf Digest PCD, James F. Schnelle, JR., PE, 14 Pages 32. March 28, 1995 South Florida Water Management District Jurisdictional Determination for Parcels 18 and 30 of the MacArthur Foundation & Vegetation Map, Kevin L. Erwin Consulting Ecologist, Inc., 11 Sheets 33. September 30, 1996 Eastern Retained Property Conceptual Water Management Plan & Details, Howard L. Searcy Consulting Engineers, Fazio Golf Course Designers, Edward D.Stone and Associates & Higgins Engineering, Inc., 3 Sheets 34. November 1996 Eastern Retained Property Topographic Map And Predevelopment Drainage Map, Higgins Engineering, Inc., 1 Sheet 35. December 1996 Conceptual Surface Water Management Calculations, Howard L. Searcy Consulting Engineers, 45 Pages 36. December 1996 Water Budget Model Analysis, Tomasello Consulting Engineers, Inc., 12 Pages 37. December 20, 1996 Interim Report Water Level Monitoring Results, Dunkelberger Engineering & Testing, Inc., 5 Pages 38. March 14, 1997 Eastern Retained Properly Conceptual Water Management Plan & Details, Howard L. Searcy Consulting Engineers, Fazio Golf Course Designers, Inc. & Edward D. Stone, Jr. and Associates Planners and Landscape Architects, 3 Sheets 39. November 1, 1996 Eastern Retained Property Relative Wetland Quality Man, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 40. November 12, 19-46 Eastern retained Property Refined Plan Wetland Impact Analysis, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 41. January 8, 1997 Loxahatchee Slough, Higgins Engineering, Inc., 26 Pages 42. January 28, 1997 received by City of P.B.G., Eastern Retained Property Refined Plan Wetland Impact Analysis By FLUCFCS, 4 Pages 43. March 18, 1997 received by City of P.B.G., Eastern Retained Property Project Wetland (WL) And Other Surface Water (SW) Summary, 8 Pages 44. January 17, 1997 Eastern Retained Property Vegetation And Listed Wildlife Species Map, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 45. March 18, 1997 received by City of P.B.G. Coverage By Exotic Species Within The Eastern Retained Property, The Loxahatchee Slough, the Eastern Retained Parcel and Loxahatchee Slough, 5 Pages 46. March 16, 1995 U.S. Corps of Engineers Jurisdictional Determination for Parcels 18 and 30 of the MacArthur Foundation ( Deter. No. 199501610) & Vegetation Map, Kevin L. Erwin Ordinance 21, 1998 Page 28 Golf Digest Development Order Consulting Ecologist, Inc., 11 Sheets 47. November 11, 1996 Mitigation Areas Map, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 48. November 12, 1996 Eastern Retained Property Site And Preservation Plan, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet SECTION 6. The final approval of any on -site and/or off -site plans for improvements shall require the applicant to deposit with the City Manager a performance bond, letter of credit or an escrow agreement in a sum of money in the amount prescribed by the City, in accordance with industry standards for the purposes of assuring the completion of all improvements including on -site roadways, drainage, utility improvements, common area landscaping/buffer and entry features. The required documentation thereof shall be in requisite form and approved by the City Manager. The executed mylar of a plat shall not be accepted until the required bond, letter of credit or deposit is filed with and approved by the City Manager in accordance with industry standards. The amount of the performance bond, letter of credit, or escrow deposit shall be in an amount to be determined by the City Engineer and City Forester to be sufficient to assure completion of the required improvements. From time to time, as improvements are completed and approved by the City of Palm Beach Gardens, the City Manager may reduce the amount of the performance bond, letter of credit, or escrow deposit by a proportionate amount. SECTION 7. If any part of portion of this Ordinance is found to be void or defective, the remainder of the Ordinance shall continue in full force and effect. SECTION 8. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 9. This Ordinance shall be effective November 20, 1998. Ordinance 21, 1998 Golf Digest Development Order PLACED ON FIRST READING THIS 1 st DAY OF October , 1998. Page 29 PLACED ON SECOND READING THIS DAY OF , 1998. PASSED AND ADOPTED THIS DAY OF , 1998 MAYOR JOSEPH R. RUSSO COUNCILMAN ERIC JABLIN VICE MAYOR LAUREN FURTADO COUNCILMAN DAVID CLARK ATTEST: LINDA V. KOSIER, CMC, CITY CLERK IC VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO COUNCILMAN CARL SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT 'Rip mtemher 22, 14 Amendment 1 to Ordin2nee 19_1992 The text of the proposed Ordinance 19, 199 :,as approved on first reading, shall be amended as follows: A. Amend the title of Ordinance 19, 199 :, lsy inserting " exterior color change and" Lefere the words "wall sign colors "; s• that it shall read: "AN ORDINANCE OF THE CITY THE CITY COUNCIL OF PALM %EACH GARDENS, FLORIDA,, AMENDING ORDINANCE 11, 1995 AS AMENDED, WHICH APPROVED A PUP /SITE PLAN FOR THE HIBISCUS RESTAURANT, FORMERLY KNOWN AS THE BRIDGE CENTER GENERALLY LOCATED AT THE NORTHWEST CORNER OF PGA BOULEVARD AND ELLISON WILSON ROAD, BY AMENDING THE LANDSCAPE PLAN; PROVIDING FOR APPROVAL OF THE EXTERIOR COLOR CHANGE AND WALL SIGN COLORS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE PATE." B. Amend Section 1 yy inserting, on the third line, after the word "approve" and yefere the word "the ", the following: " the exterior color change, and "; so that it shall read: "The City Council of Palm Beach gardens hereby approves an amendment to Ordinance 11, 1995, as amended Ly Ordinance 37, 1997 to amend the approved landscape plan for the Hiyiscus Restaurant, and to approve the exterior color change, and the wall sign colors. C. Amend Section 2 (2) loy inserting after the word "Hibiscus " and yefere the word " the" the following: "building exterior colors and ", and delete the date "August 24, 199:" yy adding after the word "date" ]out irefore the period, the following "Octokr 15 , 199:" ; se that it shall read: "The Hiyiscus yuilding exterior colors and the sign color legend dated OctoLer 15,199$." Draft 9/29/98 ORDINANCE 21,1991 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REZONING 2,304.79 ACRES OF LAND LOCATED WEST OF FLORIDA'S TURNPIKE BETWEEN PGA BOULEVARD AND HOOD ROAD TO A PLANNED COMMUNITY DISTRICT (PCD) TO PERMIT RESIDENTIAL USES CONSISTING OF TWO THOUSAND ONE HUNDRED FORTY -FIVE (2145) DWELLING , UNITS, THREE (3) GOLF COURSES, CLUBHOUSE, TRAINING FACILITY AND SUPPORT FACILITIES, 105,000 SQUARE FEET OF OFFICE USE, 15,000 SQUARE FEET OF COMMERCIAL USE, 10,000 SQUARE FEET OF COMMUNITY FACILITY USE AND 5,000 SQUARE FEET OF SALES CENTER USE, PROVIDED DEVELOPMENT THEREOF SHALL BE IN ACCORDANCE WITH REQUIREMENTS FOR SITE PLANS PURSUANT TO THE PALM BEACH GARDENS• CODE OF ORDINANCES; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVDING FOR THE REPEAL OF ALL ORDINANCES, OR= .PARTS OF • -- ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECJIVE, ATE. t , WHF.RF.AS. ,the City of F21m Bwarh CTirltsn rwrw ;vwl_ an as *l ;rat; &n from TCB ('rel f _IentlireS Tnr far rn�on;na ah-r ') I&A 74 arrac dbf lanA lmrat*Ai 11Rtween JbCTA 1;ot11R.v2rl lnl He °IJ R&'1_ We--,t ofFlmrida'S Tttrna.ilra to a Planrnw,_Cemrnnil ;tv A ;etr;et lrn— _ WHEREAS, the,_2,364.79 acies of las•l ;n Al wimml k larefient1V 7anAd 2c l•lannnal lir.vRlamnlent Ar— fVDAYmith a lanai se leciwnation af,Rtsilwntial T .w CRT,); WHFARAS- thw (`rraxx" ManawRfpwnt iwmartmpnf (the c lbej�Xtment ") haC r &-viowpl Sail and letermineli that ;c cnfiric;rnt• anal- .- ., .: WHEr,EAS_ the_re7Anin_w is rl'.ncictent wiA the C.itv's Comarehensive Plan 2n1 Lan1 pevelsibmenta Re�•ula�iwns_ - - NOW THF.RFFiRF._ *F. TT'SRiATNFi AV THE CITY CO NCIT. OF TMF. CITY OF PALM BEACH GA"ENS_ PT.BRJlDA- Ordinance 21, 1998 Page 2 Golf Digest Development Order '4 SECTION 1. The City Council, of the City of Palm Beach Gardens, Florida hereby approves the application of JCB Golf Ventures, Inc. for the rezdnitlg of 2,304.79 acres located north of PGA Boulevard, south of Hood Road, and west of Florida's Turnpike to a Planned Community District to be known as "Golf Digest ". SECTION 2. The following waivers are hereby granted with this approval: PCD Master Plan Submission Reauirements a. Section 118- 50(2)a6 (total land area/open space) b. Section 118- 50(2)a15 ( signage locations) c. Section 118- 50(2)n (landscape plan) Subsequent site plan review and approval shall be required for 1) the location and amount of open space included in each residential and nonresidential area,. 2) signage locations, 3) detailed landscape plans in compliance with Chapter 98 for buffers, entrance features and common areas, 4) elevation of landscaping/screening around pump`stations, 5) cross - section/landscape plan for road to SUA,, 6) details on the areas between parcels, and 7) details for common.areas or other sites not defined within a parcel (sales center, gatehouse, entrance features). Y Subdivision Design Standards d. Section 114 -213 (sidewalks).to allow sidewalks on -one side only of streets. Sidewalks -shall be installed consistent with the Sidewalk Location Plan. ` r'� Ordinance 21, 1998 Golf Digest Development Order Zoning Sunnlementary Regulations Page 3 e. Section 118 -278 (height limitations) to allow a maximum potential height of 65' for the office use from the code limitation of 36; 45' for the commercial use from the code limitation of 36; and 50' for residential high (RIT) pods from the code limitation of 45'. SECTION 3, Said Planned Community District is approved subject to the following conditions which are the obligation of the applicant and its successors and/or assigns: Proiect Plans and Use$ 1. The height of the office use shall be subject to design and site plan review for final determination and shall be limited to no more than 60' -65' to the top of the parapet. 2. Prior to the issuance of a building permit, development of commercial retail uses at the 12- acre commercial parcel will be prohibited, excluding the corporate lodges. These commercial retail uses shall be limited to those permitted within the Neighborhood Commercial (CN) district, unless other (general commercial) uses are specifically approved by City Council. 3. The minimum lot sizes, setbacks and building lot coverage for the residential parcels identified as Residential Low on the PCD master plan shall meet the requirements of the City's RL -3 zoning district. The minimum lot sizes, setbacks and building lot coverage for Ordinance 21, 1998 Golf Digest Development Order Page 4 the residential parcels identified as Residential Medium on the PCD master plan shall meet the requirements of the City's RM zoning district. The minimum lot sizes, setbacks and building lot coverage for the residential parcels identified as Residential High on the PCD master plan shall meet the requirements of the City's RH zoning district. Lots shall not include parkways, landscape easements, golf course or any other community - serving open space. The above requirements for residential parcels may be waived, at City Council's discretion, if more than 10 percent of the residential parcel or pod is set aside as recreational open space serving that residential parcel or pod. The recreational open space in the residential parcel or pod shall serve only the residents in the subject parcel or pod and shall not include parkways, landscape easements, golf course, environmental preserve, or any other PCD required open space. 4. The gatehouse, sales center and entrance features shall undergo site plan review and consideration by the City Council, without review of the Site Plan and Appearance Review Committee. The sales center shall be limited to sales and resales of homes within the Golf Digest project. 5. Permitted uses within the `community facility' parcels include daycare center, church, recreation and/or community center, and municipal government uses. Retail commercial uses are specifically excluded. The uses shall be limited to 10,000 s.f. and 182 total daily trips. Ordinance 21, 1998 Golf Digest Development Order Page 5 6. Parcel access illustrated on the master plan shall be conceptual in nature and shall be subject to site plan review and modification for geometry, operational and safety design details. 7. The length of cul -de -sacs shall not exceed 1500 feet.. 8. Road cross - sections are conceptual in nature and shall be subject to joint review by Palm Beach County and Palm Beach Gardens. 8. The golf course(s) shall be irrigated with reclaimed water. Environmental Preservation and Land$c4ping 9. Approval of the PCD is contingent upon compliance with Chapter 102, Natural Resources and Environmentally Significant Lands, and Chapter 98, Landscaping and Vegetation. 10. Prior to construction plan approval or commencement of land alteration, whichever occurs first, a preservation or relocation plan shall be submitted and approved by the Department for the numerous oak trees, dahoon holly and other native canopy species which exist throughout the property in areas slated for development, i.e., outside the proposed upland and wetland preserve areas. 11. All preserve areas, native vegetation and trees to be preserved shall be identified with Ordinance 21, 1998 Golf Digest Development Order Page 6 protective fencing. The Department. shall conduct a site visit prior to commencement of land alteration or clearing to confirm that the areas identified pursuant to Chapter 102- 10(5)e and Condition #10 are protected. 12. Lighting consistent with the city- selected design for parkways shall be installed along all pathways concurrent with pathway /sidewalk installation. Lighting plans shall be submitted for City review concurrent with the submittal of beautification/landscape plans as outlined in conditions 13 and 14. 13. Within nine (9) months of the effective date of this ordinance, the applicant shall submit a PGA Boulevard right -of -way beautification plan, consistent with the PGA Boulevard Corridor Overlay and Parkway Overlay, for City Council approval. Council approval shall include requirements for the timing of the completion of said right -of -way beautification improvements, which shall occur no later than the timing of the parkway improvements as specified on the Common Area Phasing Plan. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. 14. Within nine (9) months of the effective date of this ordinance, the applicant shall submit detailed road right -of -way and parkway landscape plans for all public roads and adjacent common space areas for City Council approval. Two plans shall be submitted for each road/parkway, a 2 -lane landscaped scenario and a 4 -lane landscaped scenario. In each Ordinance 21, 1998 Golf Digest Development Order Page 7 scenario, the plan shall identify the `first phase of landscaping' which is intended to buffer each parkway pathway from the adjacent roadway, as well as the full beautification /landscape treatments to be installed prior to completion of the parkways. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Said landscaping shall be installed consistent with the Common Area Phasing Plan. 15. Detailed road right -of -way landscape plans for non - public roadways shall be reviewed and approved by the Department prior to the land clearing for said road. 16. Prior to commencement of land alteration/construction of the golf courses, a conceptual landscape plan and grading plan for the entire golf area (fairways /roughs, cart path areas,etc.) • shall be reviewed by the Department, in consultation with the City Environmental Consultant. The plans shall detail and locate all golf cart and maintenance pathways, bridges, golf course structures, utility easements, vegetation to be preserved or relocated, and new landscaping. 17. Within nine (9) months of the effective date of this ordinance, the applicant shall submit detailed PCD buffer plans for City Council approval. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Buffers shall be installed consistent with the Common Area Phasing Plan. Ordinance 21, 1998 Golf Digest Development Order Page 8 18. Within nine (9) months of the effective date of this ordinance, the applicant shall submit detailed landscape plans for all other common areas, including pump stations, not located within a designated parcel for City Council approval. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. 19. All site plans shall exhibit and maintain a total open space requirement equal to a minimum of 40 percent for residential and 15 percent for nonresidential of the gross area of such site. Open space requirements may be reduced, with City Council approval, to no less than 35 percent and 10 percent, respectively, if at least 50 percent of the required open space is made up of preserve area and/or common open space. 20. There shall be a minimum 25' buffer between all parcels and the adjacent collector road frontage within the western gated residential area. 21. Parkway easements/landscape buffers shall be provided within parcels and/or in the common space areas outside of the road right -of -way so that the following minimums are achieved: a. There shall be a minimum 55' buffer /easement along the commercial parcel's frontage of the N -S Parkway. b. There shall be a minimum 90' buffer /easement along Parcel M, N, O, P, Q, U, and V's frontage of the N -S Parkway. Ordinance 21, 1998 Golf Digest Development Order Page 9 C. There shall be a minimum 90' buffer /easement along the sales center's frontage of the E -W Parkway and the western entrance drive. Said buffer landscape plans shall be reviewed as a component of the subject parcel's site plan review process if the minimum area is not provided in the common space areas outside of the road right -of -way (as demonstrated on the plans required by Conditions 13 and 14. 22. All internal buffer details shall be submitted and approved concurrently with the associated parcel or common area site plan. 23. Preserves and buffers shall be unencumbered by maintenance, utility or drainage easements. As an exception, perpendicular easement crossings of any buffers, parkway treatments or • stands of native vegetation may be permitted in certain locations subject to Department - approval. 24. Within twelve (12) months of the effective date of this ordinance, the applicant shall submit a project signage program for City Council approval. The golf campus signage at the eastern PGA Boulevard entrance, if approved prior to the project signage program, shall be considered `temporary' and subject to further review with the project signage program. 25. All utilities shall be placed underground and within public road rights -of -way. Other Ordinance 21, 1998 Golf Digest Development Order Page 10 locations may be approved, if determined by the Department not to be in conflict with parkway treatments, landscape buffers or preserve areas. 26. Native vegetation within the road rights -of -way shall be protected where possible. Clearing shall not occur until road cross - sections (construction plans) are approved by the Department. In order to receive a clearing permit, the applicant and/or its successors and assigns shall identify for Department approval areas within where existing vegetation can be preserved within the road rights -of -way. 27. Prior to burning of vegetative debris, the applicant and successors and/or assigns shall provide at least 48 hours written notice to the governing boards of the Eastpointe Homeowners Association, Old Marsh Homeowners Association and PGA National Property • Owners Association. Dedications / Imnrgvements _ 28. The applicant and/or its successors or assigns shall be responsible to construct a 9100 s.f. fire /police station pursuant to City design requirements on the parcel illustrated on the master plan; upon completion and issuance of certificate of occupancy it shall be dedicated to the City (fully operational with all utilities). Such dedication shall occur prior to issuance of the certificate of occupancy of the golf clubhouse and/or opening of the golf course, whichever occurs first. Ordinance 21, 1998 Page 11 Golf Digest Development Order 29. The applicant and/or its successors or assigns shall be responsible to construct a 15 -acre park site (on the parcel illustrated on the master plan) with the following improvements, subject to City design standards, and shall dedicate said improved park to the City prior to issuance of the 500` residential building permit: • a mile -long jogging trail with vitae course along the perimeter of the site with pedestrian level lighting • 1 lighted soccer (100 yard x 70 yard) field • 6 fenced/lighted regulation sand volleyball courts • 1.1,600 s.f. play structure with safety surface • 3 pavilions and clustered picnic areas, with maintenance storage capabilities and public restrooms at one pavilion - • 90 space concrete parking lot (lighted) constructed in accordance with city requirements • landscaping (perimeter and interior), turf and irrigation Said park design shall be approved by the City with review by the Parks and Recreation Advisory Board. Upon dedication of the 15 -acre park, $1,458,000 shall be credited against park and recreation impact fees due for the project. Park lighting design and specifications shall be approved by the City, FPL -leased lights shall not be considered. Adjacent parkway improvements and lighting shall not be the responsibility of the City. Other park Ordinance 21, 1998 Golf Digest Development Order Page 12 improvements (4 lighted tennis courts, running track) will be the responsibility of the School District and no city parks and recreation credits shall be given. The applicant and/or its successors or assigns shall also provide the City with money in lieu of improved recreation land equivalent to the 14.5 acres due pursuant to Section 114 -421 of the City's Codes. These monies shall be due prior to issuance of the 1,0001 residential building permit and shall be paid to the City in sum of $1,409,400. This amount shall be credited against park and recreation impact fees due for the project. 30. The applicant and its successors and/or assigns shall provide the School District of Palm Beach County with a warranty deed for the 32 -acre school site by January 31, 2000. The developer shall plat and dedicate the school site to the Palm Beach County School District prior to conveying the deed, and shall have satisfied each of the following conditions prior to deed conveyance. - a. Applicant to provide a title policy insuring marketable title to the Palm Beach County School District. b. All ad valorem real estate taxes and assessments for the year of closing shall be pro- rated at the day of acceptance of the deed for the civic site; acceptance date to be determined by the School District Planning and Real Estate Department. C. School site shall be free and clear of all trash and debris at the time of acceptance of the warranty deed. Ordinance 21, 1998 Page 13 Golf Digest Development Order d. The applicant shall provide perimeter landscaping around the school site including the east boundary in accordance with City requirements prior to the opening of the first school. e. The 90 -foot parkway, including the pathway, shall be designed and landscaped by the applicant in accordance with City requirements and School District's approval and completed prior to the opening of the first school. f. - The site shall be a developable site free of environmental constraints. g. Applicant shall provide all retention, detention, and drainage required for any future development of the proposed school site by the School District. Applicant shall specifically address the following issues: 1. The discharge of surface water from the proposed school site into the Applicant's water retention basins. 2. Provide for easements across the Applicant's property from the proposed school site to the retention basins, if required. h. Applicant to prepare school site to buildable grade under the School District's Program Management Department supervision. i. Applicant to provide water and sewer stubbed out to the school site property line. j. Applicant to provide a 15 -foot stabilized easement to provide for secondary access to the elementary and middle schools. Ordinance 21, 1998 Golf Digest Development Order Page 14 The Applicant shall provide the School District with a certified survey of the proposed school site by September 1, 1999. Survey shall reflect the boundary and topographical areas of the site and the survey shall meet Minimum Technical Standards for a Boundary Survey as prescribed by F.A.C. 21HH.6. The Applicant shall provide the School District with an Environmental Assessment Statement, which describes the environmental conditions of the property including Wellfield Protection Zones by January 15, 2000. 30. The following conditions shall be satisfied as terms of conditional concurrency certification: a. No more than 10,367 net new external daily trips shall be generated from the • referenced project prior to widening Alternate AlA to a 6 -lane roadway from Hood - Road to PGA Boulevard. b. No greater than 17,504 net new external daily trips shall be generated from the referenced project prior to the construction of a second eastbound left turn lane and a second westbound left turn lane at the intersection of Donald Ross Road and Alternate A IA. Ordinance 21, 1998 Page 15 Golf Digest Development Order C. With regard to Hood Road and Alternate A 1 A intersection improvements: 1. No more than 10,367 net new external trips shall be generated from the referenced project until a signal warrant analysis has been performed for the intersection of Hood Road and Alternate AIA. This signal warrant analysis shall be continued on an annual basis until the signal is warranted or buildout of the referenced project, whichever occurs first. The analysis shall be submitted and approved by the City. 2. An intersection capacity analysis shall be performed to determine the need for additional turn lanes including, but not limited to, second northbound left turn lane and second eastbound right turn vanes. 3. Within six (6) months of the analysis showing the signal is warranted at the intersection, the contract shall be let for installation of a traffic signal at this intersection including all appropriate lane geometry (as determined in the above referenced intersection capacity analysis), pavement markings, signing, lighting, etc., as approved. Prior to City Council approval, the conceptual surface water management system shall be submitted to the Department for review and approval. Ordinance 21, 1998 Page 16 Golf Digest Development Order 31. The following shall be the required lane geometry at the project entrances. The specified improvements shall be completed concurrent with each project entrance. a. Hood Road and Proiect Entrance: Northbound 1 Through Lane 1 Right -Turn Lane Southbound 1 Through Lane Westbound 1 Left -Turn Lane 1 Right -Turn Lane b. PGA Boulevard and East Proiect Entrance; Traffic Signal Northbound 1 Through Lane 1 Right -Turn Lane Southbound 1 Left -Turn Lane 1 Through Lane Eastbound 2 Through Lanes Westbound 1 Left -Turn Lane 2 Through Lanes 1 Right -Turn Lane C. PGA Boulevard and West Project Entrance: Northbound 1 Through Lane 1 Right -Turn Lane Southbound 1 Left -Turn Lane 1 Through Lane Ordinance 21, 1998 Golf Digest Development Order Eastbound 1 Left -Turn Lane 1 Through Lane 1 Right -Turn Lane Westbound 1 Left -Turn Lane 1 Through Lanes 1 Right -Turn Lane Page 17 Further, a pedestrian cross -walk crossing PGA Boulevard shall be provided at the Ryder Cup Boulevard/western project entrance. 31. The N -S Parkway and E -W Parkway road rights -of -way, as well as the two PGA Boulevard entrance roadway segments, shall be dedicated to Palm Beach County within 60 days of request by the County Engineer. Right -of -way landscaping shall remain the installation and - maintenance responsibility of the applicant and/or its successor and assigns. . Public Safety 32. The applicant and/or its successor and assigns shall provide on -site private security until the roadways are completed to deter construction theft. 33. Within 60 days of the effective date of this ordinance, Crime Prevention Through Environmental Design (CPTED) principles shall be established in conjunction with the City's Crime Prevention Division. These design principles shall be utilized during site planning of the development parcels. Ordinance 21, 1998 Page 18 Golf Digest Development Order .34. The applicant and/or its successor and assigns shall provide a stabilized road base, subject to City standards, for fire /emergency access to each development parcel prior to the start of construction within said parcel. Disclosure 35. Pursuant to School Board requirements, a sign shall be posted in all sales offices/model homes which provides notice of annual school boundary assignments for students of this project. This 11"x17" notice shall be provided by the School Board. 36. A prominent statement, such as the one shown below, shall be included in sales and marketing materials and property owners association documents: Golf Digest (or specific property location) is located within 4.5 miles of North County:_ Airport, a general aviation reliever airport. Airplanes operating to, from and/or near North County Airport will be noticeable and airplane noise may be objectionable. 37. A disclosure shall be included in sales and marketing materials and property owners association documents which identifies that the N -S Parkway and E -W Parkway will be dedicated to Palm Beach County in the future, and that these thoroughfares have the potential of becoming six -lane facilities. Ordinance 21, 1998 Golf Digest Development Order Page 19 38. Consistent with Chapter 11846, recordation of all plats, installation of all infrastructure, common area improvements and landscaping, and dedication of facilities, rights -of -way and easements shall be completed prior to December 31, 2004. Time extensions are subject to the criteria set forth in Chapter 118 of the City's Land Development Regulations, and any time extension request shall include a Traffic Impact Analysis to identify additional roadway improvements which may be required to extend the buildout of the project. Additional roadway improvements, if any, shall be incorporated into the Development Order. SECTION 4. Construction of the Planned Community District shall be in compliance with the following plans on file with the City's Growth Management Department: 1. September 23, 1998 Master Plan, Urban Design Studio, 1 Sheet -_ 2. September 23, 1998 Common Area Phasing Plan, Urban Design Studio, 1 Sheet 3. September 23, 1998 Development Phasing Plan, Urban Design Studio, 1 Sheet 4. January 21, 1997 Hood Road Perimeter Buffer, Urban Design Studio, 1 Sheet 5. May 20, 1998 Littoral Planting Adjacent to Selected Areas, Urban Design Studio, 1 Sheet 6. January 21, 1997 Littoral Planting Adjacent to Significant Areas, Urban Design Studio, 1 Sheet 7. September 14, 1998 North -South Parkway System, Urban Design Studio, 1 Sheet 8. September 14, 1998 PGA Boulevard & East West Parkway System, Urban Design Studio, 1 Sheet 9. September 11, 1998 Roadway /Access Easement Sections, Urban Design Studio, 1 Sheet 10. September 23, 1998 Roadway / Buffer Section Location Map, Urban Design Studio, 1 Sheet 11. (A) September 23, 1998 Roadway / Buffer Sections -- Section A -A' & B -B', Urban Design Studio, 1 Sheet (B) September 23, 1998 . Roadway Buffer Sections -- Section C -C' & D -D', Urban Design Studio, 1 Sheet (C) September 23, 1998 Roadway / Buffer Sections -- Section E -E' & F -F, Urban Design Studio, 1 Sheet Ordinance 21, 1998 Golf Digest Development Order Page 20 (D) September 23, 1998 Roadway / Buffer Sections -- Section G -G'. H -H' & I -I', Urban Design Studio, 1 Sheet (E) September 24, 1998 Roadwav/Buffer Section - East -West & North -South Parkw4y 4 Lane Ultimate RQW, Urban Design Studio, 1 Sheet 12. September 29, 1997 Seacoast Utility Site Buffer (Scheme A &B), Urban Design Studio, 1 Sheet 13. September 23, 1998 Sidewalk Location Man, Urban Design Studio, 1 Sheet 14. January 21, 1997 Turnpike / Reservoir Buffer & 25' Wetland Buffer Adjacent to Residential, Urban Design Studio, 1 Sheet 15. June 17, 1998 Water and Wastewater Master Plan for Golf Divest, Carnahan- Proctor and Associates, 5 Sheets 16. August 19, 1998 Eastern Retained Property_ Conceptual Water Management Plan Higgins Engineering, Inc., 3 Sheets 17. September 2, 1998 Traffic Impact Analysis, Kimley -Horn and Associates, Inc., 10 Pages Other supporting materials which provide additional back -up, data and analysis and/or justification for the aforementioned materials, and petition in general, include: 18. March 1996 AERIAL, 7 Sheets 19. March 1 1, 1996 TQPO, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 20. August 31, 1996 Boundary Survey, MockRoos, Engineers. Surveyors. Planners, 2 Sheets - 21. November 21, 1996 Seacoast Utilities Hood Road Wellfield Location Man, Howard L. Searcy Consulting Engineers, Inc., 1 Sheet 22. October 1996 Preliminary Market Qverview, Cotton & Company, 7 pages +August 1996, Palm Beach County Market Study, WCI Communities, 40 Pages 23. July 13, 1995 Option Aareement For Sale And Purchase, Between John D. MacArthur Foundation and The Nature Conservancy, 5 Pages 24. October 10, 1996 Mitigation Agreement, Board of County Commissions, 10 Pages 25. May 20, 1996 Application Form of Golf Digest - Loxahatchee Slough, WCI Communities Limited Partnership, 4 Pages 26. November, 1996 Application for Alternation of Environmentally Significant Lands Environmental Assessment, Kevin L. Erwin Consulting Ecologist, Inc., 15 Pages + Map A Site Location Map, Higgins Engineering, Inc., 1 Sheet Map B Aerial Photography, 1 Sheet Map Q Existing Terrestrial And Aquatic Vegetation. Map D Preservation Plan, 1 Sheet Map E USDA/SCS Soils Man, Higgins Engineering, Inc., 3 Sheets 27. December 19, 1996 Environmental Assessment Response to Sufficiency Review / Palm Ordinance 21, 1998 Page 21 Golf Digest Development Order Beach Gardens, Kevin L. Erwin consulting Ecologist, Inc., 26 Pages 28. January 3, 1997 Environmental Assessment- Response to Sufficiency Review / Palm Beach Gardens, Kevin L. Erwin Consulting Ecologist, Inc., 26 pages 29. January 24, 1997 Environmental Assessment - Sufficiency Review, Kevin L. Erwin Consulting Ecologist, Inc. 4 Pages 30. January 28, 1997 received by City of P.B.G., Environmental Assessment Transparigit Overlay$, Urban Design Studio, 28 Sheets 31. April 30, 1997 Environmental Review of the Proposed Golf Digest PCD, James F. Schnelle, JR., PE, 14 Pages 32. March 28, 1995 South Florida Water Management District Jurisdictional Determination fgr Parcels 18 and 30 of the MacArthur Foundation & Vegetation M-1n, Kevin L. Erwin Consulting Ecologist, Inc., 11 Sheets 33. September 30, 1996 Eastern Retained PTODerty Conceptual Water Management Plan Details, Howard L. Searcy Consulting Engineers, Fazio Golf Course Designers, Edward D. Stone and Associates & Higgins Engineering, Inc., 3 Sheets 34. November 1996 Eastern Retained PTOperty Tono_eranhic Map And Predevelol)mept Drainage Map, Higgins Engineering, Inc., 1 Sheet 35. December 1996 Conceptual Surface Water Management Calcplatigns, Howard L. Searcy Consulting Engineers, 45 Pages 36. December 1996 Water Budget Model Analysis, Tomasello Consulting Engineers, Inc., 12 Pages 37. December 20, 1996 Interim Report Water Level Monitoring Results, Dunkelberger Engineering & Testing, Inc., 5 Pages 38. March 14, 1997 Eastern Retained Property Conceptual Water Management Plank Details, Howard L. Searcy Consulting Engineers, Fazio Golf Course Designers, Inc. & Edward D. Stone, Jr. and Associates Planners and Landscape Architects, 3 Sheets 39. November 1, 1996 Eastern Retained Property Relative Wetland Quality. Map, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 40. November 12, 1996 Eastern retained Property Refined Plan Wetland Impact Analysis, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 41. January 8, 1997 Loxahatchee Slough, Higgins Engineering, Inc., 26 Pages 42. January 28, 1997 received by City of P.B.G., Eastern Retained Property Refined Plan Wetland Impact Analysis By FLUCFCS, 4 Pages 43. March 18, 1997 received by City of P.B.G., . Eastern Retained Property Project Wetland (WL) And Other Surface Water (SW) Summary, 8 Pages 44. January 17, 1997 Eastern Retained Property Vegetation And Listed Wildlife Species Map, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 45. March 18, 1997 received by City of P.B.G. Coverage By Exotic Species Within The Eastern Retained Property, The Loxahatchee Slough, the Eastern Retained Parcel and Loxahatchee Slough, 5 Pages 46. March 16, 1995 U.S. Corps of Engineers Jurisdictional Determination for Parcels 18 and 30 of the MacArthur Foundation ( Deter. No. 199501610) & Vegetation Map, Kevin L. Ordinance 21, 1998 Page 22 Golf Digest Development Order Erwin Consulting Ecologist, Inc., 11 Sheets 47. November 11, 1996 Miti_eation Areas Man, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 48. November 12, 1996 Eastern Retained Prop_ ert Site And Preservation flan, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet SECTION 5. The final approval of any on -site and/or off -site plans for improvements shall require the applicant to deposit with the City Manager a performance bond, letter of credit or an escrow agreement in a sum of money in the amount prescribed by the City, in accordance with industry standards for the purposes of assuring the completion of all improvements including on -site roadways, drainage, utility improvements, common area landscaping/buffer and entry features. The required documentation thereof shall be in requisite form and approved by the City Manager. The executed mylar of a plat shall not be accepted until the required bond, letter of credit or deposit is filed with and approved by the City Manager in accordance with industry standards. The amount . of the performance bond, letter of credit, or escrow deposit shall be in an amount to be determined by the City Engineer and City Forester to be sufficient to assure completion of the required improvements. From time to time, as improvements are completed and approved by the City of Palm Beach Gardens, the City Manager may reduce the amount of the performance bond, letter of credit, or escrow deposit by a proportionate amount. SECTION 6. If any part of portion of this Ordinance is found to be void or defective, the remainder of the Ordinance shall continue in full force and effect. SECTION 7. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 8. This Ordinance shall be effective upon adoption. Ordinance 21, 1998 Page 23 Golf Digest Development Order PLACED ON FIRST READING THIS DAY OF , 1998. PLACED ON SECOND READING THIS DAY OF , 1998. PASSED AND ADOPTED THIS DAY OF , 1998 MAYOR JOSEPH R. RUSSO COUNCILMAN ERIC JABLIN VICE MAYOR LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO Revised: 9/28/98 10/1/98 RESOLUTION 87, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO RESOLUTION 44, 1983 BY AMENDING THE SITE PLAN TO ALLOW FOR THE RENOVATION OF THE CURRENT PGA NATIONAL MOBIL STATION GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PGA BOULEVARD AND FAIRWAY DRIVE; PROVIDING FOR SUPERSEDING CONDITIONS OF APPROVAL; PROVIDING FOR A WAIVER OF THE LIMIT ON SIZE OF CONVENIENCE STORE SPACE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, PGA National Mobil Station was originally approved pursuant to Resolution 44, 1983 as a Planned Unit Development; WHEREAS, the City has received a petition from Mobil Oil Corporation to approve a site plan amendment to allow for the renovation of the PGA National Mobil Station located at the southeast corner of the intersection of PGA Boulevard and Fairway Drive, to include a car wash and to eliminate the service center; WHEREAS, the City's Growth Management Department has recommended approval of the PGA National Mobil Station site plan amendment; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an amendment to Resolution 44, 1983 amending the site plan for the renovation of the PGA National Mobil Station located at the southeast corner of the intersection of PGA Boulevard and Fairway Drive. SECTION 2. Approval of the site plan amendment is based upon compliance with the following conditions of approval. Such conditions of approval shall supersede the conditions o' F - Resolution 44, 1983: (1) Food and Drink provided within the food mart shall be limited to self - service items only, including (but not limited to) such items as hot dogs, doughnuts, coffee, or fountain soft drinks, which customers may select and purchase without assistance, preparation, or assembly by employees. One microwave oven, for self- service heating or reheating of food and drink items, shall be allowed. The sale of convenience items shall be accessory and incidental to the principal operation of the sale of gasoline. (Code Enforcement) (2) Prior to construction plan approval, the applicant shall submit drainage calculations including the exfiltration trench design, and results of the soil hydraulic conductivity tests for review and approval by the City Engineer. The scale of the conceptual drainage plan shall be changed to 1" = 20'. (City Engineer) (3) Prior to the issuance of the Certificate of Occupancy, the applicant, its successors and/or assigns shall install landscaping within the PGA Boulevard right -of -way located adjacent to the northern property line. Applicant, its successors and/or assigns, therefore, shall be responsible for maintenance of said landscape. The installation and maintenance shall be consistent with the approved landscape plan and with all requirements of the Florida Department of Transportation. The applicant shall be responsible to obtain all permits and/or easements necessary for said installation and maintenance. (City Forester) (4) At such time in the future, if the City takes over landscape maintenance for the portion of Fairway Drive adjacent to the PGA National Mobil site, the applicant, its successors and /or assigns shall pay a maintenance fee to the City for landscape maintenance of the adjacent road shoulder and half of the median. A reasonable annual fee shall be determined by the City, paid in quarterly installments by the property owner. (Planning & Zoning) SECTION 3. The following waiver is approved: Waiver of Section 118- 290(8)(a) which allows no more than 500 square feet of convenience store space for motor vehicle fuel sales without service, to allow 1,045 square feet of convenience store space. SECTION 4. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. September 24, 1998 Site Plan, Houston Cuozzo Group, Inc., Sheet 1 of 3. 1. September 24, 1998 Landscape Plan, Houston Cuozzo Group, Inc., Sheet 2 of 3. 2. September 24, 1998 Elevations, Houston Cuozzo Group, Inc., Sheet 3 of 3. 3. July 10, 1998 Conceptual Drainage Plan, Jeff Iravani, Inc., Sheet 1. 6. May 29, 1998 Boundary and Topography Survey, Pulice Land Surveyors, Inc., Sheet 1. SECTION 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS THE DAY OF 1998. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. BY: CITY ATTORNEY Resolution 87, 1998 Page 2 i VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Resolution 87, 1998 Page 4 AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: October 15, 1998 Date Prepared: September 28, 1998 Subject/Agenda Item Consideration of approval for petition SP- 98-11, a request by Michael Houston, agent for Hasan Allgayer, for a site plan amendment for the renovation of the current PGA National Mobil Station to include a car wash and to eliminate the service center. The total land area consists of 1 acre and is located at the southeast comer of the intersection of PGA Boulevard and Fairway Drive. (10- 42S -42E) Recommendation/Motion: Staff recommends that Resolution 87, 1998 be approved. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney C' 012- Growth Management [ ] Finance NA $ [ ] Approved •roo ACM Current FY [ ] Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper. [ ] Other Resolution 87, 1998 Site Plan/Elevations [ ] Not Required City Forester Comments Property Owner's Assoc. Submitted by: Letter Groh en Affected parties Budget Acct. #:: Director [ )Notified [ ] None Approved by: City Manager [ ] Not required BACKGROUND: The PGA National Mobil Station was originally approved under Resolution 44, 1983 as a Commercial Planned Unit Development (PUD). The subject parcel is located in the northeast comer of the PGA National development, which is an approved Planned Community District (PCD) with a master plan on file. The Mobil Station is considered part of this PCD and is currently zoned as PCD. The future land use designation is Commercial. The PGA Boulevard Corridor Overlay, which requires a 55' front setback, applies to this site. .1 Agenda Cover Memorandum Date: October 15, 1998 The subject property consists of 1 acre and is located on the southeast comer of the intersection of PGA Boulevard and Fairway Drive. The site is surrounded on the north by the Florida's Turnpike interchange, on the east by the Palm Beach Gardens Fire Station, on the west by Shoppes on the Green, and on the south by Community Savings Bank. Review Process: This is a request for an amendment to a site plan within a PCD. The site plan request is reviewed by the Development Review Committee, who forwards comments and recommendations to the Site Plan and Appearance Review Committee. Acting in an advisory role, the Committee makes a recommendation on the proposed request to the City Council. The City Council reviews the request for site plan amendment approval for consideration of approval, approval with conditions, or denial. Project Details: The project will be developed in a single phase. Currently, the site is being used for a Mobil Gas Station with ten fueling stations. Below is a chart of existing and proposed uses. In response to City Council's concerns about traffic circulation, the applicant has chosen not to reorient the pumps, but to leave them at the current location. The applicant plans to add one fuel station and extend the shorter fuel pumping island. The applicant is still proposing a 648 square foot car wash. They are also planning to install a sidewalk within the right -of -way for Fairway Drive to improve the connection of the Shoppes on the Green with PGA Boulevard. The sidewalk will be dedicated to the city. Fairway Drive is a City-owned road. The underground storage tanks currently encroach on the 55' PGA Boulevard Corridor buffer and the applicant does not plan to relocate them. In addition, the convenience store exceeds the maximum square footage allowed for motor vehicle fuel sales without service. Section 118 - 290(f)(8)(a) allows 500 square feet of convenience item sales while the applicant is proposing 1,354 square feet, which is 854 square feet over the maximum. Since this issue is governed under Supplementary Regulations, Chapter 118, Article V, it will require a waiver. The storage space in the proposed building also exceeds the total percentage (30 %) of floor area allowed under Section 118- 206(h)(1). They are proposing 667 square feet of storage within the building, which is 49% of the floor area. This will not require a waiver, but is a deviation from 2 Total Convenience Service Storage/ Office Square Store (Retail Area Restrooms- Feet Space) Existing 2,093 s.f. 690 s.f. 1,430 s.f. Part of convenience N/A store space Proposed 2,197 s.f. 1,354 s.f. N/A 667 s.f. storage 74 s.f. 102 s.f. restrooms In response to City Council's concerns about traffic circulation, the applicant has chosen not to reorient the pumps, but to leave them at the current location. The applicant plans to add one fuel station and extend the shorter fuel pumping island. The applicant is still proposing a 648 square foot car wash. They are also planning to install a sidewalk within the right -of -way for Fairway Drive to improve the connection of the Shoppes on the Green with PGA Boulevard. The sidewalk will be dedicated to the city. Fairway Drive is a City-owned road. The underground storage tanks currently encroach on the 55' PGA Boulevard Corridor buffer and the applicant does not plan to relocate them. In addition, the convenience store exceeds the maximum square footage allowed for motor vehicle fuel sales without service. Section 118 - 290(f)(8)(a) allows 500 square feet of convenience item sales while the applicant is proposing 1,354 square feet, which is 854 square feet over the maximum. Since this issue is governed under Supplementary Regulations, Chapter 118, Article V, it will require a waiver. The storage space in the proposed building also exceeds the total percentage (30 %) of floor area allowed under Section 118- 206(h)(1). They are proposing 667 square feet of storage within the building, which is 49% of the floor area. This will not require a waiver, but is a deviation from 2 Agenda Cover Memorandum Date: October :15,1998 code. In addition, they are proposing to encroach upon the 55' PGA Boulevard Corridor buffer with 3,470 square feet of pavement, which is 460 square feet less than the existing encroachment. This encroachment contains the existing entry to the site from Fairway Drive. The Growth Management staff is has no objection this proposal because the applicant has satisfied the intent of the PGA Boulevard by providing additional landscaping off -site. Code Compliance: The applicant plans to provide landscaping which is consistent with PGA National standards and the PGA Boulevard Corridor Overlay. The applicant will provide landscaping along the PGA Boulevard Corridor, including behind the proposed city entrance sign. The applicant has been in contact with the PGA Property Owners Association. Their conditions are attached in this report. The applicant has agreed to comply with all of the POA's conditions. Agenda Cover Memorandum Access and Signage: Date: October 15,1998 Access to the site will be from Fairway Drive and Fairview Lane. As mentioned earlier, a 5 foot sidewalk will be added along Fairway Drive. There is an existing ground sign displaying the Mobil logo and gasoline prices. The current ground sign is setback 5.1 feet from the front property line. This is a deviation from code. The applicant has indicated that the sign is setback 20 feet from Fairway Drive and that the area 15 feet from the property line is within the existing drive aisle. Therefore, they would prefer leaving the sign in its existing location. The applicant plans to add the "On the Run' logo to this sign adjacent to "Mobil" while keeping the height at the maximum of 10 feet. The convenience store will have an "On the Run" sign mounted on the store's fascia. The sign's size is 42.6 square feet, which is 11.8 square feet larger than was originally proposed. Since the building is larger (by 325 square feet), the applicant is allowed a larger sign. (The applicant is allowed up to 47.04 square feet or 7% of the total square footage of the face area of the elevation. Normally, only 3% of the total face area is allowed, but an additional 2% is allowed per every additional 50 feet increase in the front setback.) The applicant had proposed this sign with 5 colors, but has agreed to reduce the number of colors to two; teal and white per Site Plan and Appearance Review Committee's request. DEPARTMENTAL COMMENTS: City Engineer. Assistant City Engineer Tammy Jacobs has reviewed the applicant's revised plans submitted September 4, 1998. Based on Ms. Jacobs' comments, the applicant has since revised the plan to create an exit adjacent to the convenience store (see Site Plan). This change has eliminated - one parking space, which decreases their total number of parking spaces to 10. Nine parking spaces are required. City Forester. City Forester Mark Hendrickson has reviewed the revised plans submitted on September 4, 1998 and suggests that more landscaping be added to the area west of the building as well as more landscaping to the west of the car wash. He believes this would provide for additional open space in an otherwise vacant area. The applicant has provided additional landscaping to the west of the car wash. Mr. Hendrickson has reviewed the revised plans submitted September 25, 1998 and recommended that a condition be added requiring that the applicant maintain all off -site landscaping. Building Official.• Jack Hanson, City Building Official, pointed out that the proposed signs were in excess of maximum square footage allowed by code. The applicant has reduced the square footage to 42.6 s.f., which is allowed by code. Mr. Hanson does have a concem with the existing sign setback, since it is below the required 15 foot setback (5.1 feet). Site Plan and Appearance Review Committee: At its July 14, 1998 meeting, the Site Plan and Appearance Review Committee approved the 4 Agenda Cover Memorandum Date: October 15, 1998 white only. The applicant has submitted new plans that reflect the restrictions on colors. The petition passed with a 4 -1 vote. Mr. Nedvins recommended denial based on the 3 colors of the corporate Mobil logo. Previous City Council Comments: On August 20, 1998, this petition was before the City Council. The two major areas of concern were traffic circulation and the Mobil logos on the canopy. The petitioner has chosen to leave the pumps where they are and renovate the existing building. The petitioner will not attach the Mobil signs on the canopy above the gas pumps. Waiver Request. The applicant is requesting a waiver of Section 118- 290(8)(a) of the Land Development Regulations, which limits the amount of convenience store space to 500 square feet for gasoline stations without service bays. The applicant is currently using 690 square feet of the building as retail space. With the removal of the service station, the applicant would like to use the extra space as additional convenience store area. Staff does not object to this proposal and has added limitations on the food types that will be sold. The sale of convenience items are to be accessory and incidental to the principal operation of the sale of gasoline. RECOMMENDATION The Growth Management Department recommends approval of this petition with the following conditions: 1. The approval of this petition is contingent upon the approval of the following waiver: Waiver of Section 118- 290(8)(a), which allows 500 square feet of convenience store space for motor vehicle fuel sales without service. The applicant plans to have 1,045 square feet. 2. Food and Drink provided within the food mart shall be limited to self - service items only, including (but not limited to) such items as hot dogs, doughnuts, coffee, or fountain soft drinks, which customers may select and purchase without assistance, preparation, or assembly by employees. One microwave oven, for self - service heating or reheating of food and drink item, shall be allowed. The sale of convenience items shall be accessory and incidental to the principal operation of the sale of gasoline. (Code Enforcement) 3. As a condition of construction plan approval, the applicant shall submit drainage calculations including the exfiltration trench design, and results of the soil hydraulic conductivity tests. The scale of the conceptual drainage plan shall be changed to 1" = 20'. (City Engineer) 4. Prior to Certificate of Occupancy, the applicant, its successors and /or assigns shall install landscaping within the PGA Boulevard right -of -way located adjacent to the northern property line. Applicant, its successors and /or assigns, therefore, shall be responsible for maintenance of said landscape. The installation and maintenance shall be consistent with 5 Agenda Cover Memorandum Date: October 15,1"S property line. Applicant, its successors and/or assigns, therefore, shall be responsible for maintenance of said landscape. The installation and maintenance shall be consistent with the approved landscape plan and with all requirements of the Florida Department of Transportation. The applicant shall be responsible to obtain all permits and/or easements necessary for said installation and maintenance. (City Forester) S. At such time in the future, if the City takes over landscape maintenance for Fairway Drive, the applicant, its successors and/or assigns shall pay a maintenance fee to the City for landscape maintenance of the adjacent road shoulder and half of the median. A reasonable fee shall be determined annually, paid in quarterly installments by the property owner commencing on the first of November. (Planning & Zoning) T JUN -25- D• 17 STON ZJOZZ3 ROLP 561 221 0'798 P.03iO3 PGA PROPERTY OWNERS ASSOCiAnom INC. Shopper On The Orem 7100 Fairww Dive, $Mite 29 Palm 9ewh Catdem, Flodda 33418 SHONE (sdt) 621.7800 June 15, 1998 Hasan Allgayer, Field Engineer V Mobil Oil Corporation 2255 Glades Road, Suite !I! West Boca Raton, FL 33431 Re: Architectural Review - MOBIL STATION ON FAIRWAY DR - 3rd SUBMITTAL UPDATE OF DESIGN FOR RENOVATION Dear Mr. Allgayer. FAQ 061) 677-6374 The PGA Architectural Review Commie ", at its meeting of June 4, 1998, reviewed the referenced - request. It is the decision of the Committee to approve the request with the following conditions: 1. Roof file must match color and size of file used on Shoppes on the Green. Tile band around building is to be the same size and teal color as Shopper oa the Gran 2. Dumpster enclosure is to be conshucted of cedar or pressure treated wood, painted to match the building. 3. Monumoat sign is to be a maximum height of ten fat above the adjacent read as stated in your letter but not shown on the elevations.. 4. Mobil shall assume responsibility of painting the crosswalks across Fairway Lane and the entrance at Fairway Drive per FDOT specifications. 5. Submit a sample of the roof tile with final working drawings. 6. Final drainage plans need to show where run -off from embankment along PGA Blvd. is going to be channeled to. Please call if you have any questions. Sincerely, 4—JAO—� Hal Beard Director of Architectural Review & Compliance TOTPL P.03 e 8 8 g i FahwayDrive 3a A (� ^� D Z I F 3 F ' ql $� S IN s fills. e° »� �= 3 ,o 3 I-i1 °1 m its& m ° Q 3 D m m a "d PGA National Mobil Stationa�o City of Palm Beach Gardens Floridan Site Plan - - - - a } s fafa O co �� � :l ►�ieD CO aA'` CO o. CDg� i CEO CO CD 4B ,. CD ; 1 � D m m m EL T3 o �� � tC Rlf:Gi Rx79t•x�i: y t�! 4 �q ed R 3�3.�93mx 1E0 r s H m y AaA ?A ? ?p ASAPd yY' -� S� y a 2 0 a3 3 3� Q >s °s4 :RFP S o o a $ N&I o 1 1 m y r oy -R (D vs ire q9 W.� �°�7 5: d %e(t � P +H a T)�a °a x °a ; °a °a°xa `• 9s e PGA National Mobil Stationao���',�,., City of Palm Beach Gardens Florida 1_andscape Plan gT" y 1r N o � Cb r O O O (D O C �I (D r O O O tD (�D y `J Q PGA National Mobil Station !.- -- I r '' City of Palm Beach Gardens Florida Elevations_._ Memo to File From: Mark Hendrickson, City ForesterA4 Subject: SP- 98 -11, PGA National Mobil Station Date:. September 28, 1998 I have reviewed the landscape plan for the above referenced project submitted September 25, 1998. I have no problems with recent submittal, acknowledging that the existing sign and dumpster would be waivers to the existing codes for their respective setbacks, if approved. The following are my recommendations for approval: Prior to the Certificate of Occupancy, applicant, its successors and/or assigns, shall install landscaping within the PGA Boulevard right -of -way located adjacent to the northern property line. Applicant, its successors and/or assigns, therefore, shall be responsible for maintenance of said landscape. The installation and maintenance shall be consistent with the approved landscape plan and with all requirements of the Florida Department of Transportation. The applicant shall be responsible to obtain all permits and/or easements necessary for said installation and maintenance. At such time in the future, if the City takes over landscape maintenance for Fairway Drive, the applicant, its successors and/or assigns shall pay a maintenance fee to the City for landscape maintenance of the adjacent road shoulder and half of the median. A reasonable fee shall be determined annually, paid in quarterly installments by the property owner commencing on the first of November. RESOLUTION 94, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING A WAGE AND COMPENSATION PLAN FOR JOB CLASSIFICATION FOR THE PERSONNEL PROGRAM OF THE CITY OF PALM BEACH GARDENS, FLORIDA; PROVIDING FOR REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council authorized a study to be done on the wages and compensation of job classifications within the Personnel Program of the City, per Section 3 -24 of the Personnel Program; and WHEREAS, the City Council has reviewed and approved said study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council hereby adopts a wage and compensation plan for job classifications within the Personnel Program of the City of Palm Beach Gardens, Florida, as attached hereto and incorporated herein as Exhibit "A ". - SECTION 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF OCTOBER, 1998 MAYOR JOSEPH R. RUSSO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK Approved as to Form and Legal Sufficiency. City Attorney RESOLUTION 94, 1998 PAGE 2 OF 2 VOTE: AYE NAY ABSENT COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Subject/Agenda Item: Date: October 15, '998 Date Prepared: September 17, 1998 Consideration of Approval: Petition SP- 97 -13: Golf Digest Campus Hank Skokowski, agent for JCB Golf Ventures, Inc., is requesting a site plan approval for a 26.15 acre "Golf Campus ", a 4.1 acre golf maintenance facility, and two (2) roadways connecting PGA Boulevard with the golf campus. The site is generally located 3/4 mile north of PGA Boulevard and '/z mile west of the Florida Turnpike. (3- 42S -42E) Recommendation /Motion: Staff is recommending that the petition be approved with no conditions. Revlevred toy: ( 0� CRY AttomeyL ACM Other N/A Originating Dept.: Planning Division V" Advertised: Date: Paper. Submitted by: I x I Not Required Ur=M MgL Director s Affected parties Approved by: [ ] Nothled City Manager ( x I Not required BACKGROUND: Location. Zoning and Lend Use Coats: s_0 Total S Q Current FY Funding Source: Council Actlon: t I Approved I 1 Approved vecw, aw,,. [ ] Denied j Continued to: I i operating I Attachments: I IOther N/q Budget Acct.M: [ ] None The petitioner is proposing a 26.15 acre "golf campus ", including a 40,500 square foot golf clubhouse and cart storage facility, a 7,315 square foot teaching facility, and ten platted lots which will be utilized for corporate lodges. In addition, the petitioner is proposing a 4.1 acre "golf maintenance" facility. This site, located to the north of the "golf campus" area, will include 14,570 square feet of maintenance buildings and storage areas. Also included Agenda .Cover Memorandum October 15, 1998 Petition SP -97 -13 Page 2 within the limits of the site plan review is the main entry road (North -South Parkway) extending north from PGA Boulevard and "Golf Club Drive" which will extend from North - South Parkway to the "golf campus" area. The petitioner is proposing an intersection of North -South Parkway and PGA Boulevard directly opposite the main entry into PGA Boulevard (Avenue of Champions), creating a four -way intersection. The site plan review area is part of the Golf Digest Planned Community District (PCD) master plan. The PCD will eventually provide for the development of approximately 2,145 dwelling units and 120,000 square feet of office and retail. The north -south parkway under review as part of this site plan approval will eventually be extended to serve the "phase two" development of the PCD. TABLE 1 & 2 EXISTING ZONING AND LAND USE DESIGNATIONS AND SITE ANALYSIS PETITION Subject Property : Planned Development Area (PDA) Residential Low (RL) North : Public/Institutional (P /1) Public (P) South : Planned Development Area (PDA) Residential Low (RL) Planned Community District (PCD) Professional Office (PO) East : Planned Development Area (PDA) Residential Low (RL) Commercial (C) West: Planned Development Area (PDA) Residential Low (RL) Zoning: PCD Required /Allowed Provided Compliance Land Use: RL Zoning - (PCD Requirements) Comparison Open Space Minimum open space 40% yes requirement of 10% Clubhouse and, Consistent Tramtng Factfity tnsttutional< Building Site Area minimum: 26 acres yes 15,000 feet Agenda Cover Memorandum October 15, 1998 Petition SP -97 -13 Page 3 Zoning: PCD Required /Allowed Provided Compliance Land Use: RL Zoning (PCD Requirements) Comparison Building Site minimum: approx. 1,464 feet yes Width 100 feet 174,240 square feet yes Building Lot maximum: 4% yes Coverage 40% Building Height maximum: 570 feet 25.75 feet midpoint of yes Limit 45 feet gable maximum: Setbacks: Note, setback distances were measured from limits of site plan review not legal property lines. yes Coverage 60% Front 25 feet 265 feet yes Side 15 feet 30 feet yes Side facing street 15 feet N/A yes Rear 15 feet 50 feet yes Non -rest entlai area Maltttehance facili ty Building Site Area minimum: 174,240 square feet yes 15,000 square feet Building Site minimum: 570 feet yes Width 100 feet Building Lot maximum: 8.3% yes Coverage 60% Building Height maximum: 13 feet yes Limit 50 feet Agenda Cover Memorandum Petition SP -97 -13 Page 4 October 15, 1998 Zoning: PCD Required /Allowed Provided Compliance Land Use: RL Zoning I (PCD Requirements) Comparison IRear I 15 feet 1 57.6 feet I yes Co orate r.. RL -2 Provides# Lodges Residential . . Use Zoning Comparison Building Site Area minimum: 14,036 square feet yes 11,000 square feet Building Site Minimum 95 feet yes Width 90 feet Building Lot 35 percent 50% no Coverage Building Height two stories, 40 feet no Limit 36 feet Front 25 feet 20 feet no Side 10 feet or 15 feet yes 10% of lot width Side facing street 20 feet N/A N/A Rear 15 feet 10 feet no Building and Materials The "golf campus" architectural theme will reflect traditional "country club" architecture found within the eastern United States. The petitioner is proposing the use of "neo- colonial' style architecture, including stone, clapboard siding and wooden shutters and trim to help capture the desired effect. The petitioner is also providing appropriate landscaping, stone walls, and stone and brick signage consistent with the traditional theme. Both the clubhouse facility and the training center will have "dark grey" clapboard siding, with green shutters. The petitioner will submit color and material samples. The clubhouse facility consists of several accessory uses, including a restaurant, bar and snack bar. The petitioner has indicated that the restaurant and bar will cater Agenda Cover Memorandum Petition SP -97 -13 Page 5 predominantly to persons utilizing the golfing facility.. October 15, 1998 The petitioner has indicated that initial construction will be at the 4.1 acre maintenance facility. This timing will be necessary for the completion of the golf courses. The maintenance facility will consist of three metal buildings, including a main 12,530 square foot structure, an irrigation pump house and a 1,500 square foot storage structure. The entire site will be heavily screened by dense vegetation planting. Traffic Cirpuiipti4n The petitioner is requesting that access to the site (North -South Parkway and Golf Club Drive) be included as part of the site plan approval request. As part of the site plan approval, the petitioner will install landscaping and a portion of the North -South Parkway, which is part of Palm Beach County's long range thoroughfare plan. The proposed configuration will allow for future expansion to the full 120 foot right -of -way, as required by Palm Beach County. The petitioner has indicate that the proposed landscaping along the roadway is intended to remain in place should the roadway be expanded. The petitioner has indicated that the proposed "rotary' feature which will intersect with the future "East -West Parkway" will not be constructed at this time. The configuration and landscaping of Golf Club Drive, which is to be completed upon this site plan review, will be permanent. Landsgaping /Parkway Theme The site meets the minimum points requirements per LDR chapter 98. The Parkway theme is consistent with PCD requirements. Traffic Concurrency To be approved through the PCD approval process. Signage and Entry Feature A brick entry feature will be placed at the main entrance at PGA Boulevard and North South Parkway. The entry feature will eventually be incorporated into a more elaborate signage program to be constructed at a later date. Staff has requested that the petitioner provide for additional landscaping surrounding the entrance area at this time. Three additional signs will be located within the "golf campus" indicating the location of the clubhouse, training facility and the main campus area. This signage will be Agenda Cover Memorandum Petition SP -97 -13 Page 6 incorporated into the brick and stone hardscaping theme. Drainaae To be approved through the PCD approval process Site Plan and Appearance Review Committee Mee #ing October 15, 1998 At its July 15, 1998 meeting, the Site Plan and Appearance Review Committee unanimously recommended approval of this petition to City Council with eight (8) conditions. The petitioner has responded with a revised site plan since this time. The petitioner has eliminated an on -site wetland and added an additional lot for corporate .lodging. The elimination of the wetland was in response to comments made by the South Florida Water Management District and is part of an overall PCD master plan revision. Due to these revisions, all the conditions set forth by the Site Plan and Appearance Review Committee have been satisfied. Subsequently, staff is recommending approval of this petition with no conditions. ProeeOure Approval of the proposed site plan shall be contingent upon approval of the PCD /rezoning application. This site plan application has been reviewed and considered based upon the terms of the Concurrent Processing Agreement. /eat G: \Long Range \sp9713.st6.wpd RESOLUTION ,1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A SITE PLAN TO ALLOW FOR THE CONSTRUCTION OF A 40,500 SQUARE FOOT GOLF CLUBHOUSE AND CART STORAGE FACILITY, A 7,315 SQUARE FOOT GOLF TRAINING FACILITY , A 14,570 SQUARE FOOT GOLF COURSE MAINTENANCE FACILITY, TEN RESIDENTIAL UNITS TO BE USED AS "CORPORATE LODGES ", AND ACCESS ROADS FOR THE "GOLF DIGEST" PLANNED COMMUNITY DISTRICT GENERALLY LOCATED 3/4 MILE NORTH OF THE INTERSECTION OF AVENUE OF THE CHAMPIONS AND PGA BOULEVARD , % MILE WEST OF THE FLORIDA'S TURNPIKE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens has received an application from JCB Golf Ventures, Inc. to approve a site plan for a 40,500 square foot golf clubhouse and golf cart storage facility, a 7,315 square foot training facility, a 14,570 square foot golf course maintenance facility, ten residential units to be used as "corporate lodges" and access roads, within the proposed "Golf Digest" Planned Community District; and WHEREAS, the City Council of the City of Palm Beach Gardens has approved Resolution, 80, 1997 and Resolution 83, 1998 which allowed for the processing of the "Golf Digest Campus Plan" site plan concurrently with the "Golf Digest" Planned Community District/re- zoning request; and WHEREAS, the City's Growth Management Department has determined that the approval of the site plan application is consistent with the City's Comprehensive Plan and City Code provisions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1, The City Council of the City of Palm Beach Gardens hereby approves a site plan for the construction of a 40,500 square foot golf clubhouse and golf cart storage facility, a 7,315 square foot training facility, a 14,570 square foot golf course maintenance facility, ten residential units to be used as "corporate lodges" and access roads all of which is located approximately 3/4 miles north of the intersection of Avenue of the Champions and PGA Boulevard, %Z mile west of the Florida's Turnpike, within the proposed "Golf Digest" Planned Community District. Section 2. Construction of said development shall be in accordance with the following plans on file with the City's Growth Management Department: 1. September 23, 1998 Master Plan and Key Sheet, Urban Design Studio, 1 Sheet 2. June 30, 1998 Site/Landscape Plan, Urban Design Studio, Area 1, Sheet A 3. October 5, 1998 Site/Landscape Plan, Urban Design Studio, Area 2, Sheet A 4. October 5, 1998 Site/Landscape Plan, Urban Design Studio, Area 3, Sheet A 5. June 18, 1998 Site/Landscape Plan, Urban Design Studio, Area 4, Sheets A 6. October 5, 1998 Site/Landscape Plan, Urban Design Studio, Area 5 Sheet A 7. June 30, 1998 Site/Landscape Plan, Urban Design Studio, Area 6 Sheet A 8. September 18, 1997 Site/Landscape Plan, Urban Design Studio, Area 7 Sheet A 9. June 18, 1998 Site/Landscape Plan, Urban Design Studio, Area 8 Sheet A 10. July 21, Planting Plan, Corral- Howard Collaborative, Sheet 5C 11. September 18, 1997 Plant List, Urban Design Studio, 1 Sheet 12. July 31, 1997 Clubhouse and Training Center Architectural Elevations and Floor Plans, SST Architects & Planners, Sheets 5G - 5L 13. January 29, 1997 Maintenance Building Architectural Elevations and Floor Plans, SST Architects & Planners, Sheets 6D - 6E 14. October 5, 1998 Detail Sheet, Urban Design Studio, 1 Sheet 15. September 8, 1997 Signage Plan, Corral- Howard Collaborative, Sheet 5D 16. July 21, 1998 Lighting Plan, Corral- Howard Collaborative, Sheet 5E 17. July 16, 1998 Photometric Plan, Bruce Howard and Associates, Sheet LL -2 Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF OCTOBER, 1998. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. BY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: October 6. 199$ Re- appointment of One (1) Member to the Board of Trustees Police Officers' Pension Fund Subject/Agenda Item Consider a motion to re- appoint Leslie Ferris to the Board of Trustees Police Officer's Pension Fund for two years, term to expire July 18, 2000. Recommendation /Motion: Reviewed by: Originating Dept.: Costs: $ Council Action: p \pl� City Aft Administration Total [ ] Approved Finance $ [ ] Approved w/ Current FY conditions ACM [ ] Denied Human Res. Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Resolution 1998 [ ] Other Paper: [ X ] Not Required Submitted by: Department Director Affected parties [ X ] Notified Budget Acct #:: [ ] None Approved by: City Manager [ ] Not required BACKGROUND: One member's term has expired on the Board of Trustees Police Officers' Pension Fund: Leslie Ferris. Ken Olson, Finance Director, contacted Ms. Ferris to see if she was interested in being re- appointed to the Board. Ms. Ferris has responded that she would like to be re- appointed to the Board. Staff recommends that the City Council reappoint Leslie Ferris, to the Board of Trustees Police Officers Pension Fund, which term of office shall expire July 18, 2000. October 6, 1998 RESOLUTION 10 9, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE RE- APPOINTMENT OF ONE (1) MEMBER TO THE BOARD OF TRUSTEES POLICE OFFICERS' PENSION FUND OF THE CITY OF PALM BEACH GARDENS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 50 -82 of the Palm Beach Gardens Code of Ordinances provides for the appointment of members to the City of Palm Beach Gardens Board of Trustees Police Officers' Pension Fund, WHEREAS, the term of a certain member of the Board of Trustees has expired; and, WHEREAS, the City Council desires to fill the vacancy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Pursuant to Section 50 -82 of the Palm Beach Gardens Code of Ordinances, Leslie Ferris is hereby re- appointed as a member of the City of Palm Beach Gardens Board of Trustees Police Offcers' Pension Fund for two (2) years, which term of office shall expire July 18, 2000. Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF OCTOBER 1998. JOSEPH R. RUSSO, MAYOR ATTEST: APPROVED AS TO FORM AND LINDA V. KOSIER, CMC, CITY CLERK LEGAL SUFFICIENCY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO CITY ATTORNEY AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: October 2, 1998 Re- appointment of One (1) Member to the Board of Trustees Firefighters' Pension Trust Fund Subject/Agenda Item Consider a motion to re- appoint Kenneth Altman to the Board of Trustees Firefighters' Pension Trust Fund for two years, term to expire December 31, 2000. Recommendation /Motion: Reviewed by: Originating Dept.: Costs: $ Council Action: crr�v,,Jt �C �� City Attorney p Administration Total [ ]Approved Finance $ ( ] Approved w/ Current FY conditions ACM [ ] Denied Human Res. Funding Source: [ ] Continued to: Advertised: Other Date: [ ] Operating Attachments: Resolution 110, 1998 [ ] Other Paper: [ X ] Not Required Submitted by: Department Director Affected parties [ X ] Notified Budget Acct. #:: [ ] None Approved by: City Manager ( ] Not required BACKGROUND: One member's term has expired on the Board of Trustees Firefighters' Pension Trust Fund: Kenneth Altman. Kent Olson, Finance Director, contacted Mr. Altman to see if he was interested in being re- appointed to the Board. Mr. Altman has responded that he would like to be re- appointed to the Board. Staff recommends that the City Council reappoint Kenneth Altman, to the Board of Trustees Firefighters' Pension Trust Fund, which term of office shall expire December 31, 2000. October 6, 1998 RESOLUTION 110, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE RE- APPOINTMENT OF ONE (1) MEMBER TO THE BOARD OF TRUSTEES FIREFIGHTERS' PENSION TRUST FUND OF THE CITY OF PALM BEACH GARDENS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 38 -53 of the Palm Beach Gardens Code of Ordinances provides for the appointment of members to the City of Palm Beach Gardens Board of Trustees Firefighters' Pension Trust Fund, WHEREAS, the term of a certain member of the Board of Trustees has expired; and, WHEREAS, the City Council desires to fill the vacancy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PAT -M BEACH GARDENS, FLORIDA: Section 1. Pursuant to Section 38 -53 of the Palm Beach Gardens Code of Ordinances, Kenneth Altman is hereby re-appointed as a member of the City of Palm Beach Gardens Board of Trustees Firefighters' Pension Trust Fund for two (2) years, which term of office shall expire December 31, 2000. Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF OCTOBER 1998. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO JOSEPH R. RUSSO, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY AXE NAB' ABSENT RESOLUTION 113, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL AND RATIFICATION OF AGREEMENT BETWEEN THE POLICE BENEVOLENT ASSOCIATION AND THE CITY OF PALM BEACH GARDENS FOR THE SERGEANTS, OFFICERS AND COMMUNICATION OPERATORS FOR THE FISCAL YEAR OCTOBER 1, 1997, THROUGH SEPTEMBER 30, 1998, INCLUSIVE; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Negotiating Team and the Police Benevolent Association have come to an agreement regarding the employment contract for Sergeants, Officers and Communication Operators employed by the City of Palm Beach Gardens Police Department for the Fiscal Year beginning October 1, 1997, through September 30, 1998, inclusive; and WHEREAS, members of the Police Benevolent Association affected by the attached contract have voted in favor of ratification of said contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves and ratifies the contract between the City of Palm Beach Gardens and the Police Benevolent Association for Sergeants, Officers and Communication Operators employed by the City of Palm Beach Gardens Police Department. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby authorizes and directs the Mayor and City Clerk to execute the employment agreement between the Police Benevolent Association and the City of Palm Beach Gardens for the Fiscal Year beginning October 1, 1997, and ending September 30, 1998, inclusive, for Sergeants, Officers and Communication Operators employed by the City of Palm Beach Gardens Police Department. Resolution 113, 1998 Page 2 of 2 SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTION THIS DAY OF OCTOBER, 1998. MAYOR JOSEPH R. RUSSO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK Approved as to Form and Legal Sufficiency. VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO City Attorney AYE NAY ABSENT Oct -14 -98 02:06P pbcpba 407 687 0154 P.02 PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC. MAILING ADDRESS 100 N. Florida Mango Road We51 Pnim Bca. h, FL 33409.040(; (5151) 689.3745 ,561) 6147 -0154 Fax Facsimile: (561) 624 -0813 Asst. Chief Dennis O'Rourke Palm Beach Gardens Police Department 10500 N. Military Trail Palm Beach Gardens, Florida 33410 W71 October 14, 1998 RE: Collective Bargaining Agreement Dear Dennis'. ADMINISTRAT! VE OFFIC -ES 2100 N. Flondrt Mac go Road West Palm Bcach, FL 3340946400 (561) 689 -3745 A ratification vote was held on Tuesday, October 13, 1998 regarding the 1997/1998 modifications to the existing contract between the City of Palm Beach Gardens and the Palm Beach County Police Benevolent Association with the following results: 42 votes FOR 7 votes AGAINST Please agenda this item for the next City Council meeting which is scheduled for October 15, 1998 and should you have any questions, please do not hesitate to contact me. AMA: gs cc: PISA Reps (ty ors, �IA_ � Alan M. Aronson General Counsel The Woice nJ Pulnt Beach Counry's Law Enforcement Emaat W. GaxRc, Prcaidcat - Rahcrt PmNxt, Vke- Pr%1dcnt - AKhor Apiall& Sctreury- Trcawrer MEMO _ PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Miller, Director, Parks 8t Recreation--04�� DATE: October 6, 1998 RE: Projected Tennis Fees *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The new tennis center will require an increase in fees to meet the projected operating costs (see attachment) of the center that were described during our tennis center presentation to the council on May 7, 1998. In preparing these proposed fees, staff has researched neighboring communifiies to compare our prices to those of the other tennis centers in trying to determine an equitable price for all involved. Staff, when proposing these fees also took into account that the tennis players will be getting an tennis center which consists of eight clay courts (compared to four clay and four asphalt), as well as a new clubhouse. The. fees are compared in the following table: Membership Proposed PBG North Pahn Boyton Palm Beach * ** Boca Beach* Beach ** Raton * * ** Resident - $115 $282 $140 $200 $159 Single Resident - $200 -$36T $225 $400 SZ12 Family Resident - $25- n/a n/a $5& n/a Youth Resident.- Guest- $4 $6 $6 $6 Non-Resident - $300 $367 $275 $375_ $24Q Single Non- Resident - $4'75 $490 $385 n/a $360 Family Non- Resident - $50' n/a `n/a $165 n/a Youth Non=- Resident- $7 $9- J$6 J n/a F$.75- Guest * 10 Clay Courts * ** 6 Clay Courts, 2 Hard ** 16 Clay Courts, 5 Hard Courts * * * *17 hard Courts, No Clay Memo, Tennis Fees October 7, 1998 Page 2 The percentage increase relating to the proposed resident fee is a higher percentage compared to the non - resident fees due to the fact that while the non - resident fees were raised in the past S years, the resident fees have remained at the same low fee since the clay courts were added to the existing complex in 1990. If you have further questions regarding these proposed fees, please contact me at your earliest convenience. REPORT: 1. The Mission of this project is to provide the City of Palm Beach Gardens a state -of -the -art tennis facility and to offer a full program of tennis activities. 2. See attached sheet. 3. Current Enrollment for 1997: Resident single 120 Non - resident single 63 Resident family 23 Non - resident family 1 Resident junior 3 Non- resident junior 1 Proposed Enrollment for 1999: Resident single 170 Non - resident single 75 Resident family 46 Non - resident family 5 Resident junior 15 Non - resident junior 5 Current Membership Rate: Proposed Membership Rate: Resident single $57 $115 Resident family $92 $200 Resident junior $25 $25 Non - resident single $187 $300 Non - resident family $300 $475 Non - resident junior $30 $50 Current Guest Fees: Proposed Guest Fees: Resident $2 Resident $4 Non - resident $5 Non - resident $7 4. Income and Expenses: 1998 - Current Expenses: Staff $53,217 Operating $ 7,800 Total $61,017 Current Revenues: Memberships and Guest Fees - $24,522 1999 - Proposed Expenses: Staff $54,000 Operating $ 9,000 Total $63,000 Proposed Revenues: Memberships $52,975 Guest fees $ 4,000 Total $56,975 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: October 15, 1998 Subject/Agenda Item: Item for Discussion: Petitioner DRI -98 -01 and PCD -98 -01 - Amendment to PGA National Recommendation /Motion: Staff is seekina Council innut prior to the NnPC hPinn ccharii flarl fnr ni ihrr h,= rAnrn Reviewed by: Originating Dept.: Costs: S 0 Council Action: City Attome y Planning Div. Total [ J Approved Other N/A $ Q [ J Approved w/ ca,dkfons Current FY [ ]Denied Advertised: Funding Source: [ J Continued to: Attachments: Date: [ ] Operating staff report Paper: [ ] Other N/A Palm Beach Post [ ] Not Required Submitted by: Growth 4gt. Difector Affected parties [ x ] Notified: Budget Acct#: [ ]None Approved bG:�'� %� PGA National POA City Manager [ ] Not required , 'k, STRI ant .milk Planning and Zoning Commission August 11, 1998 Petition DRI -98 -01 Page 2 II.BACKGROUND The 2,342 acre PGA National Resort Community was originally approved as a Development of Regional Impact (DRI) by Resolution 43, 1978. The DRI has been amended numerous times over the years. PGA National has nearly reached buildout of its approved residential units and non - residential square footage. The developer is bringing the project to closure as a Development of Regional Impact requiring state and regional review, the result being a development project which falls under the regulations and procedures of local land development requirements. This closure is accomplished through an "Essentially Built Out DRI Agreement ", which is provided for in Chapter 380, F. S. With this agreement, the petitioner is modifying the DRI master plan to `clean up' the designated/approved uses so that they are consistent with existing approvals and structures/uses.' For example, the Commerce Park is designated as Industrial on the master plan. With the proposed revisions the actual uses approved by the City (nursing home, office, warehouse, etc.) are being depicted on the master plan. Today's master plan has generic land use categories: The proposed master plan will show actual uses based on the structures which have been constructed or the uncommitted square footage /use which the developer desires to gain site plan approvals for in the near future. The information (i.e., city approvals) upon which this proposed master plan is based is as follows: ' The residential component of the project remains unchanged. The master plan will continue to show 5,237 approved residential units for the project. Planning and Zoning Commission Petition DRI -98 -01 Page 3 PROJECT NAME OFFICE Fairway Professional Center Fairway Professional Plaza Bascom Palmer Florida Music Co. (Wrisco) LRP Publishing Stain Safe PGA Headquarters Sales Center NPBCID PGA Commerce Self Storage American Comp. Imaging Subtotal PROPOSED/UNCOMMITTED Sales Center PGA of America Expansion Subtotal Grand Total RETAIL/COMMERCIAL Shoppes on the Green Burger King Great Western Community Savings Mobil Gas Station Future Building Area 4 Subtotal PROPOSED/UNCOMMITTED uncommitted Subtotal Grand Total INDUSTRIAL American Computing Imaging Subtotal PROPOSED/UNCOMMITTED August 11, 1998 Staff.Analysis. Approved square feet (as of 8 /6/98) 50,206 176,600 68,175 11,200 123,221 14,000 39,516 4,875 12,250 14,280 3,488 51,7811 45,125 30,484 75,609 593,420 square feet 130,221 2,806 3,512 3,060 1,000 6,990 147,589 2,411 2,411 150,000 square feet 4,976 4,976 224,820 Planning and Zoning Commission Petition DRI -98 -01 Page 4 August 11, 1998 Grand Total 229,796 square feet WAREHOUSE PGA Self Storage 119,635 Florida Music Company 4,800 LRP Publishing 45,100 StainSafe 12,000 Subtotal 181,535 PROPOSED/UNCOMMITTED 0 Grand Total 181,535 square feet NURSING HOME (beds) 104 Subtotal 104 PROPOSED/UNCOMMITTED 56 Grand Total 160 beds SCHOOL PGA Montessori 9,996 Subtotal 9,996 PROPOSED 0 Grand Total 9,996 square feet Planning and Zoning Commission Petition DRI -98 -01 Page 5 August 11, 1998 The actual master plan depiction will contain summaries of these uses and will be depicted as below: PGA NATIONAL RESORT COMMUNITY ALLOCATION OF NON - RESIDENTIAL LAND USES Golf Courses 1 464 Acres Racquet Club 37 Courts Health Club 14,200 square feet Resort Hotel 350 rooms Spa 15,000 square feet Office Commercial 593,420 square feet 150,000 square feet Industrial, Light 229,796 square feet Warehouse 181,535 square feet School 9,996 square feet Nursing Home 160 beds Park 36 acres Fire Station I 1 station 4' As well as modify the master plan, the petitioner is proposing a few changes to the original conditions of approval. Condition 43 which required the dedication of a fire station at a `civic' site, is being modified to subject the parcel to the PGA National Covenants and Restrictions is the site is ever disposed of for non - public (Commerical) uses. (The amended master plan changes the land use dedication of the fire station site from `civic' to `commercial' since the City has plans to close out the station after Station #3 and the new station within the Golf Digest project are completed.) Condition #7 which required off -site intersection and roadway improvements is being modified to reflect that four project exits were permanently closed by master plan changes; and to reflect that the reduced intensity of the project (5237 dwelling units versus 6900 d.u.) will not warrant signalization at Hiatt Drive/Northlake Boulevard, and that the project itself will not generate a need for a dual left turn and signal at PGA Blvd/Avenue of the Champions, but it will provide its pro rata share of these improvement costs to the county. Planning and Zoning Commission August 11, 1998 Petition DRI -98 -01 Page 6 Issues: The DRI amendment will be based on today's uses. Different businesses may move into these building spaces in the future and we will be needing to evaluate whether the use is consistent with the amended DRI uses. For example, the Montessori school goes out of business and a small office desires to move into the building. Staff will be evaluating the office use based on school trip generation (10.91 trips /1,000 s.f.) versus office generation rates (Ln(T)= 0.756Ln(x) +3.7865). In this case a school will most likely generate more trips than a typical office, so there would not be a concern about increased impact. Issues may arise, however, if one of the warehouse uses converts to office use in the future which does have a higher trip generation rate. The square footages allocated in the chart are based upon trip generation. In the future, conversions from one use to another will be based upon trip equivalency. There will not be issues so long as the overall trips allocated to the project are not exceeded. Recommendation: The Planning & Zoning Commission, at it August I I' meeting, expressed concern about the uncommitted use allocations and that a proposed use, if consistent with the amount of uncommitted use left in the project, would have to be approved regardless of design considerations. The Commission questioned the use that was designated/accounted for the M -37 parcel which is now owned by the POA.- The City Attorney's Office is still reviewing the proposed `032 Agreement'. The Planning & Zoning Commission and Growth Management staff recommend approval of the proposed master plan changes, finding that the changes will provide a more understandable master plan and development order for the PGA National Community. One condition is recommended by staff at this stage in the review process: Prior to City Council consideration of approval, the petitioner shall revise the proposed master plan `Allocation of Non - Residential Land Uses' chart and the traffic study to be consistent with staff's approved project figures. Staff is seeking Council input as we continue to review the "Essentially Built Out DR1 Agreement' ' and prepare the petition for formal consideration. Notification of Proposed Change. Continued PGA National Resort Community DRI August 17. 1998 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. DEVELOPER'S PROPOSAL On August 31, 1978, the City of Palm Beach Gardens approved the original Development of Regional Impact ( "DRI ") Development Order for PGA National Resort Community ( "PGA National "). The 2,342 -acre planned community approved by this resolution has now reached " buildout," the final stage of development. All land within the development has been designated for development, either through actual construction or through subdivision. Every residential parcel has been platted and is either fully built or has merely scattered lots left' - for construction. The non - residential component of the development is largely completed, although several parcels (totalling approximately 35 acres; < 1.5 %) remain unbuilt. With several minor exceptions relating to off -site roadways (described below), all infrastructure necessary to support the complete buildout of PGA National has been installed. . Although PGA National is now largely complete, a few important DRI administrative matters do remain unsettled, and this petition is intended to resolve them. Foremost among these issues is the need for a clear understanding among the Master Developer, the City, and the Florida Department of Community Affairs regarding the terms and conditions under which PGA National DRI, when fully built -out, will be reviewed and monitored pursuant to the terms of Section 380.06, Florida Statutes. The Petition streamlines, clarifies, and simplifies the public record which is the legal basis for review of the DRI. Such clarification is not legally mandated, but is prompted by the accumulation of amendments to the DRI over the last two decades. These are contained in numerous City zoning resolutions, few of which were adequately reconciled at the time they were originally adopted. The proposed changes in the Development Order and Master Plan are supported by a current traffic analysis, a copy of which is attached as laE. fsp /98.2/pgadri2.npc/081498/8D.292 Page 4 Notification of Proposed Change. Continued PGA National Resort Community DRI August l7. 1998 This petition has three elements, as follows: (1) ADOPTION OF A RESTATED, CONSOLIDATED, AND AMENDED DRI DEVELOPMENT ORDER FOR PGA NATIONAL RESORT COM1IUNITY. The new development order will completely replace the original, 1978 Development Order and its ten prior amendments. These resolutions remain useful for insight into the justification for past changes in the DRI, but, henceforth, the restated, consolidated and amended Development Order submitted with this Application will be the sole text for public review of changes in the DRI. Exclusive of minor adjustments in language and changes in internal references, only two new amendments to the DRI Development Order are proposed by this Application. They are quite limited in nature and are designed to accomplish the following goals: A. Condition No. .3 (Civic Land and Other Dedications). This addition to the pre- existing Condition commits the City to subject its fire station site to the PGA National Declaration of Covenants and Restrictions if the City ever disposes of the site for non - public (e.g., commercial) uses. The amended Master Development Plan which accompanies this application (discussed below) changes the land use dedication of the fire station site from "civic" to "commercial." This change in land use is suggested because of the possibility that the City may discontinue use of the site for a fire station. In order to improve public safety response times, the City has proposed relocating the fire station to a site within the Golf Digest Development immediately to the north. This relocation opens the site for possible-- - redevelopment. If so, the appropriate land use designation for this site is "commercial." Approximately 5,000 square feet of uncommitted "commercial /retail" land use intensity remains uncommitted on the DRI Master Development Plan. If the site is redeveloped for a non -civic use, it should be made subject to the overall PGA National Declaration. The intent of this provision is to have any future redevelopment on the site subject to architectural review by the PGA Property Owners Association. This would not be possible unless the site is subject to the Declaration. The current fire station was built by the Master Developer and conveyed fully built to the City. There was therefore never a question that it would be architecturally compatible with the overall aesthetic plan for PGA National. B. Condition No. 7 (Off -site Intersection and Roadway Improvements). A review of the conditions of approval revealed two problems: (1) Certain conditions in the Development Order had never been adjusted to conform to changes made in the Master Development Plan in 1986 (Resolution 14, 1986, 4/14/86). The proposed amendment eliminates conditions relating to four exits from the development which were originally proposed in 1978. These exits were permanently closed by amendment of the Master Development Plan. Through an oversight, the DRI Development Order was not simultaneously revised to reflect the change in site design; and fsp /98 2/pgadri2.npc /081498/8D.292 Page 5 Notirwation of Proposed Change. Continued PGA National Resort Community DRl August 17. 1998 (2) Several intersection improvements imposed in 1978 had not been satisfied. These conditions required the Master Developer to install a dual left turn lane and signalization at the intersection of PGA Boulevard and Avenue of the Champions "when warranted" by the County Engineer. To date, the circumstances justifying the required improvements have not been "warranted." After consultation with the County Engineer, certain minor changes are proposed in off -site intersection improvements. Both changes are justified because of a dramatic reduction in the number of dwelling units which may be built in PGA National. The original DRI approved 6,900 dwelling units. That figure was reduced in 1994 to 5,400 dwelling units and in 1997 to 5,237 dwelling units, resulting in a significant decrease in projected off -site traffic generation. The proposed amendment eliminates the condition of the Original Development Order which requires a dual left turn lane on westbound PGA Boulevard at Avenue of the Champions, PGA National's main entrance. In addition, the condition of the Original Development Order requiring installation of signalization at-this same intersection is modified to provide that PGA National will pay its pro rata share of the cost of signalization. The Golf Digest project immediately to the north intends to use this intersection as one of its main entrances. Without Golf Digest's traffic, signalization would probably never be warranted at this location based solely on traffic from PGA National. The revised condition provides that PGA National will pay its pro rata share of the total signalization cost (estimated to be $100,000). The Master Developer's intends to make a lump sum payment to the County to satisfy its commitment in full. The Original Development Order also provided for signalization "when warranted" at the intersection of (what is now) Hiatt Drive and Northlake Boulevard. This requirement was justified in 1978 in part because PGA National's internal roadway system was originally designed in 1978 to connect directly to the industrial park. This internal connection, which would have given residential traffic another outlet to Northlake Boulevard, was later eliminated, greatly reducing the amount of traffic expected to use Hiatt Drive. A recent traffic analysis demonstrated that signalization would never be warranted at this location, and the requirement is deleted. In order to avoid future confusion, the revised condition also eliminates several references to intersection improvements at locations which were eliminated by the 1986 Master Development Plan amendment. The proposed amendments to the Development Order have been reviewed and approved by the Palm Beach County Engineer (see correspondence, attached ast). (2) ADOPTION OF A REVISED MASTER DEVELOPMENT PLAN FOR PGA NATIONAL RESORT COMNIUNITY. The Master Developer also asks the City Council simultaneously to adopt an amended Master Development Plan for PGA National. The revised Master Development Plan: fsp /98?/pgadti2.npc /081498/8D.292 Page 6 Notification of Proposed Change. Continued PGA National Resort Community DRI August 17, 1998 A. Changes the land use designation of Lot 2A of PGA National Commerce Park from "Light Industrial" to "Commercial." This change is made specifically to accommodate Phase 2 of Devonshire Nursing Home; and changes the land use designation of the City Fire Station Site from "Civic" to "Commercial ". All other Master Development Plan land use designations remain unchanged; and B. Adopts a revised schedule of non - residential land uses. The revised schedule changes the land use mix within the development to match the uses actually approved over the years. A traffic analysis which was prepared to justify these changes demonstrates a reduction in Average Daily Trips (ADT) from 78,748 to 69,892 ( -8,856 ADT; - 11.2 %) from the revised DRI. Because of this reduction in total traffic generation from PGA National, sufficient capacity exists to permit a modest reallocation of land uses among the different categories originally approved without increasing of -site traffic in any way. This reallocation of land uses has been informally reviewed by the Florida Department of Community Affairs and has been determined not to constitute a "substantial deviation" from the original DRI approval. Upon adoption of this land use schedule, the following approximate non- residential land use intensities will remain "uncommitted ". "Uncommitted" means not being designated to a specific parcel by an approved site plan: Office Uses: Retail Uses: Light Industrial Uses: Nursing home: Racquet Club: 75,000 sf 2,400 sf 224,820 sf 56 beds 17 tennis courts This uncommitted intensity is included in and will not increase the 70,072 Average Daily Trips shown in the Traffic Study, Exhibit 3. While not technically "committed" to a parcel, approximately 60,000 sf of the remaining "office" intensity will ultimately be assigned to the 5 acres of unbuilt office acreage located in the "Sales Center" parcel. The 56 additional nursing home beds are assigned to a future expansion of Devonshire Nursing Home. Any residual non- residential intensity not committed to a particular parcel will be reserved to accommodate future redevelopment or expansion of existing uses. (3) CONSENT TO EXECUTE A "SECTION 380.032, FLORIDA STATUTES, AGREEMENT CONCERNING BUILDOUT OF THE PGA NATIONAL RESORT CONUvIUNITY DEVELOPMENT OF REGIONAL IMPACT" (the "032 Agreement "). The Master Developer further asks the City to execute a proposed contractual agreement with the Master Developer and the Florida Department of Community Affairs. This so- called "032 Agreement": A. As required by Section 380.06(15)(g)3, Florida Statutes, confirms the parties' concurrence that: (1) PGA National is in compliance with all applicable terms and conditions of its DRI Development order except the build -out date; and (2) DCA and City have fsp /98.2 /pgadri2.npc /08149818D.292 Page 7 Notification of Proposed Change. Continued PGA National Resort Community DRI August 17, 1998 agreed in writing that the amount of development remaining to be built within PGA National does not create the likelihood of additional regional impact not previously reviewed; and (3) all previous amendments to the DRI Development Order did not constitute "substantial deviations" as that term is defined in Section 380.06(19), Florida Statutes. B. Recognizes a buildout traffic analysis as the basis for an allocation of non- residential land use intensities within the DRI; C. Using this build -out traffic analysis as a base, establishes the criteria under which future amendments to the built -out DRI will be reviewed as "substantial deviations ". Upon execution of the 032 Agreement, no future change in the DRI Development Order will be reviewed by the Department of Community Affairs as a substantial deviation unless one of four (4) thresholds is exceeded. To be reviewed by DCA, the change must either: (1) increase overall project daily trips above 78,748 Average Daily Trips (ADT) (see Traffic Study, Exhibit 1); or (2) increase ADT on an affected off -site link of the main thoroughfare system by more than 5%. The 5% threshold is used by Florida Department of Transportation to determine whether or not a project has a "significant" impact on a link in the state's highway system; or (3) increase PM peak hour trips above 7,383 (see Traffic Study, Table:: SA); or - (4) exceed any express statutory threshold in Section 380.06(19), F.S. (1997) (Substantial Deviation). Provided that these thresholds are not exceeded, no further Notice of Proposed Change ( "NOPG ") or other special DRI, review procedure will be required by DCA. DCA and Treasure Coast Regional Planning Council will, however, continue to be notified by letter of proposed changes in the DRI development order or master development plan. Each future change in the DRI Master Plan or the DRI Development Order will be accompanied by a traffic analysis certifying whether nor not either of these thresholds have been exceeded. If they are, the proposal may be subject to a review under the provisions of Section 380.06, Florida Statutes. Because no change in the DRI is currently contemplated which would exceed these thresholds, it is expected that this Agreement will in effect leave reviews of post - built -out PGA National entirely at the City and County level. It should be emphasized that the establishment of clarified DRI review thresholds in the 032 Agreement does not affect traffic or other site plan review criteria which may be established by local land development ordinances. For example, while the threshold for a "significant" impact on a state highway is 5% of design capacity, the threshold established by Palm Beach County is only 1 % for a county thoroughfare plan roadway. The 032 Agreement fsp /98.2/pgadri2.npc /081498/8D.292 Page 8 Notification of Proposed Change. Continued PGA National Resort Community DRI August 17, 1998 simplifies the review process by defining the circumstances under which DCA will be among the agencies reviewing a proposed change in the DRI; it does not affect the review criteria and responsibilities of the parties under local zoning and land development regulations. 4/98.2/pgadti2.npc/081498/81).292 Page 9 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: October 15, 1998 Date Prepared: Sept. 17, 1998 Subject/Agenda Item: Item for Discussion, Non - Conforming Signs BACKGROUND: The City passed Ordinance 38, 1989 on January 18, 1990. Ordinance 38, 1989 was codified in chapter 110 of the City's code. Section 110 -3 (155.04) of the code provides that owners of non - conforming signs would be given an amortization period of seven (7) years to replace their signs with conforming signs. This time period expired January 18, 1997. Staff has identified 73 existing signs within the City which are in non - compliance with the requirements set forth in Section 110 -3 and are not exempt. Recommendation/Motion: Staff is requesting direction from City Council as to continuing this Revlevrad by: �1 ' originating Dept: Costs: $_O City Attorney. , XOI - Total Finance Finance N/q , $ 0 _ Current FY ACM Human Rea. N/A Advertised: Other NIA Date: Paper. I x ] Not Required � +M r*ffwAkd parties Approved by: ( I Notified City Manaper ( x I Not required Funding source: [ I Operating [ IOther MIA Budget Acct #: Non - conforming signs exempt from replacement requirements Council Action: [ I Approved [ ] Approved w m,ew ( ] Denied [ ) Continued to: Attachments: [ I None Section 110 -3 provides for exemptions from the non - conforming sign regulations. These exemptions include: (1) Signs which were specifically approved within a Planned Unit Development. (PU.D) (2) Existing flat wall signs below the third floor or roof line on 2 story office buildings. Agenda Cover Memorandum Date: October 15, 1998 Page 2 In addition, the City Attorney has determined that non - conforming signs which were granted a sign variance or waiver at the time of construction should be considered exempt from the non - conforming sign regulations (dependent upon what specific code requirement the variance or waiver was granted for) and so long as the nonconformity permitted by the variance does not adversely affect the health, safety or welfare concerns. Staff, after researching City records, determined that 21 existing signs have been granted a variance of some sort by the Zoning Board of Appeals. Of these 21 signs, eight (8) were determined to have specific variances granted for non - conformities from the present sign code requirements. The remaining 13 signs were granted specific variances which are no longer applicable or are otherwise nonconforming with present code requirements, and are therefore subject to the replacement requirements in Section 110 -3. Records of sign variance approvals are on file at the Growth Management Department and the City Clerk's office. Additionally, staff has determined that masonry structures located at the entrance to primarily residential developments are entry features and, therefore, should not be subject to the non - conforming sign provisions. Inspection of Older Signs Section 110 -74, "Removal of unsafe signs ", states that "if any sign regulated in this chapter is found by the building official to be unsafe, insecure, a menace to the public, constructed, erected, or maintained in violation of this chapter, written notice by the building official shall be given to the owner thereof. If the owner or person in possession fails to remove or alter the structure so as to comply with this chapter within ten (10) days after the notice is delivered, the sign shall be removed or altered to comply by the building department at the expense of the owner of the property upon which it is located." Older non - conforming signs found to be exempt from the replacement requirements of section 110 -3 should be inspected by the building official to determine their structural integrity. Should the sign be determined to be unsafe, then it will be subject to the provisions set forth in Section 110 -74. Removal of unsafe signs. Amortization Period The City has no record of notification to specific non - conforming sign owners of the replacement requirements of section 110 -3 and the seven (7) year amortization period at the time of the adoption of Ordinance 38, 1989. The law appears to require that a municipality must provide for an amortization period or pay just compensation for the removal of signs. However, there is no clear legal precedence as to whether notification of an amortization period is required. Due to the fact that no record exists that property owners were notified at the beginning of the initial seven (7) year amortization period. Staff Agenda Cover Memorandum Page 3 Date: October 15, 1998 believes it would be advisable to provide an additional one year amortization period, prior to which all non - conforming sign owners would be properly notified. Sign Variance Procedure In any situation described above, non - conforming property owners will have access to a variance application procedure, subject to the requirements and exemptions set forth in Section 110 -72. Variances. Options for Council Consideration (1) Take immediate action on enforcement; bring signs into compliance or remove completely; no additional amortization period. Staff does not recommend this action. (2) Direct staff to initiate an amendment to Section 110 -3 which may provide for additional exemptions and /or an additional amortization period, after which, bring signs into compliance or remove completely. Staff recommends that the City Council direct staff to initiate an amendment to Section 110-3 for additional exemptions and/or additional amortization period. This action may reduce the possibility of litigation. cc: Roxanne Manning Kim Glas Carole Post Jack Hanson \eat G: \Long Range \nonconfom.st4.wpd Z T kitlxn.- M E M O R A N D U M WATTERSON, HYLAND & KLE1T, P.A. To: Roxanne Manning, Growth Management Director City of Palm Beach Gardens G� From: Carole Post, City Attorney Subject: Nonconforming Signs File No: 319.060 Date: September 14, 1998 For some time now, staff has been addressing the issue of enforcing Section 110 -3 of the City's Code of Ordinances entitled "Nonconforming Signs ". A number of issues have surfaced in that time. This memo attempts to address each of them. Backaround Section 110 -3 o's the City's Code provides, in relevant part: (a) Every sign lawfully erected within the City on the effective date of the ordinance from which this section derives [1- 18 -90] and which is a type of sign not permitted in this chapter may be continued for a period of seven (7) years except as follows: (1) No such sign may be enlarged or altered in any way unless to bring it into conformity. (2) If a nonconforming sign is destroyed by any means to an extent of 60 percent or more of its replacement costs at time of destruction, it shall not be reconstructed except in conformance with this chapter. (3) If a nonconforming sign is removed for any reason, other than maintenance or name change of occupant, from its location and reinstalled, the sign shall conform to all requirements of this chapter. (b) Upon expiration of the time period stated in subsection (a) of this section, such affected sign shall be immediately removed. Exemptions are as follows: (1) Signs which have been specifically approved by a PUD. Roxanne Manning, Growth Management Director September 14, 1998 Page -2- (2) Existing flat wall signs [located] below the third floor or roof line on two -story office buildings ... (c) Any permanent sign existing on property annexed into the City, not permitted under this chapter, but lawful at the time of annexation, shall be removed ... within six years from the date the City comprehensive land use plan is adopted pertaining to such premises or seven years [as indicated above], [whichever is longer]. As Growth Management attempts to regulate and eliminate nonconforming signs located in the City, many issues have come up as a result of the 7 -year "grand fathering" provisions of Section 110 -3. The grand fathering provisions expired January 18, 1997. Following is a summary and conclusion addressing each of the issues. Nonconforming Signs Located Within PUD's and PCD's Section 110 -3 specifically provides an exemption for non - conforming signs which "have been specifically approved by a PUD. " The issue is that a number of nonconforming signs are located within an approved PUD /PID, but no specific sign approval exists. A nonconforming sign within a PUD /PCD which has not been specifically approved (by a waiver or by approval of a sign package) cannot be classified as exempt. The burden is on the owner of the sign to establish that the sign was "specifically approved"? - Likewise, a nonconforming sign within a PCD /PUD which was conforming at the time of approval, but which now is considered nonconforming, is exempt only if it was specifically approved. 'Although reference is not made to PCD, it is my opinion that this exemption should be interpreted to apply to PCD's as well. ZThe exemption for signs which have been "specifically approved by a PUD/PCD" should be given a broad interpretation. By this I mean that any sign for which there is a record of approval by the City, whether it be by process of waiver or otherwise, should be considered exempt. For example, the fact that a sign rendering appears on an approved site plan is satisfactory evidence of "specific approval ". It is those signs for which the City has no record at all as to their placement, location, appearance, etc. which shall not be considered exempt. Roxanne Manning, Growth Management Director September 14, 1998 Page -3- In order to maintain a nonconforming sign within a PUD /PCD which has not been specifically approved, the owner must request a variance pursuant to section 110 -72 of the City Code.' Previously Permitted Signs The intent of the grand fathering provision of section 110 -3 was to provide a period of time within which the costs of sign replacement could be amortized. Therefore, even signs which have been previously approved by the City, which are now considered to be nonconforming, are subject to removal. In order to maintain a nonconforming sign, the owner must request a variance pursuant to section 110 -72 of the City Code. Unpermitted Signs A nonconforming sign which was never properly permitted is clearly subject to enforcement pursuant to Section 110 -3. The seven -year amortization period would apply. For a property owner to retain such a sign, they would have to seek a variance pursuant to Section 110 -72. Nonconformity Due to Public Improvements A sign which is nonconforming due to public improvements, i.e. road widening, does not qualify for one of the specific exemptions of section 110 -3, therefore, would be subject to removal. In order to maintain a nonconforming sign of this nature, the owner would need to request a variance pursuant to Section 110 -72 of the City Code. - Enforcement Authority Outside City's Jurisdiction Certain nonconforming signs are located within the City's municipal boundaries, but are not within the City's jurisdiction, i.e. school board property, county property, Dept.. of Transportation. Florida law holds that one governmental unit using property in the jurisdiction of another must be subject to the zoning regulations of the host government, unless specifically exempt. Treasure /s /and v. Decker, 174 So. 2d 756 (1965); see also Op Att'y Gen. 93 -15 (airport authority must comply with building codes adopted by host county); Op Att'y Gen. 82 -24 (City may require port authority to obtain building approval 3Sign variances are specifically provided for in Section 110 -72 of the City Code. Section 110 - 72(b)(1) provides for exceptions to the sign code in a PUD "at the time of adoption or by an amendment thereto by subsequent resolution." This language results in several problems. First, it is unlikely that an entire PUD approval needs to be amended in order to grant a sign variance, considering that numerous parcels exist within a PUD, each of which may have individual sign packages, or require sign code variances. Second, the variance procedures fail to reference PCD's. Finally, Section 110- 72(b)(3) is simply not practical and needs to be deleted. Roxanne Manning, Growth Management Director September 14, 1998 Page -4- for construction of a building on port authority property located within the city limits); Op. Att'y Gen. 86-47 ( one government unit using property in jurisdiction of another must be bound by zoning regulations of the host government; "balancing of interests" test only applies when a government seeks to violate its own zoning regulations). Therefore, unless the governmental entity is subject to specific regulations which exempt or supersede the City's sign code, (i.e. Dept. of Transportation has certain superseding regulations pertaining to roadside billboards), nonconforming signs located on other governmental entity's property within the City's municipal limits would be subject to section 110 -3. Enforcement -Costs An important issue to consider is the potential cost to the City to enforce the removal of nonconforming signs. A cost could result if it were determined necessary to compensate sign owners for removal of their signs. For example, with regard to interstate or federal -aid primary highways, Florida Statutes require that a municipality may not remove or cause to be removed any lawfully erected sign without paying just compensation. See § 479.15(2) Fla. Stat. Ann. (Supp. 1997). For non - highway signs, the law holds that providing an amortization period for nonconforming signs, if the period is reasonably long enough to allow the sign owner to recoup its investment, is a valid alternative to compensation. The City has provided a seven (7) year amortization period. It is likely that this would be considered a reasonable amount of time. The issue is whether notice of the amortization period is required. Staff has indicated that at the time Section 110 -3 was adopted in 1990, no sign owners were notified that they were subject to removal of their sign in 7 years. I am not aware of any law on this issue strictly requiring notice of the amortization period. Effect of Variance Many nonconforming signs are the subject of a duly granted variance. However, the existence of a variance does not exempt the sign from all code requirements - only those codes for which the variance was granted. For example, a sign was erected subject to a variance for its size. Now, many years later, the lawfully erected sign violates set back and landscape requirements. Arguably, the sign is exempt as to its size, but not as to the setback and landscape requirements. Section 110 -3 could be applied to require compliance with these requirements or removal. Of course, the sign owner could seek additional variances for the new nonconformities. Roxanne Manning, Growth Management Director September 14, 1998 Page -5- Duration of a Variance The issue is whether the City may repeal or retract any of the sign variances which were granted (some many years ago). The City has the authority to limit the duration of a variance at the time it is granted or by general law. There is no general language providing for a time limit for variances". Therefore, unless a specific time limitation was included at the time a particular variance was granted, the variance may not otherwise be terminated. See Thomson v. Village of Tequesta Board ofAdjustment, 546 So.2d 457 (Fla. 4th DCA 1989).5 However, a variance is granted based upon a premise that, among other things, the use is not adverse to the health, safety and welfare of the public. If a nonconforming use for which a variance has been granted is determined to no longer meet this standard, it is within the City's police power to revoke the variance. Furthermore, if the variance was granted based upon information which was false or misrepresented, the variance may be revoked. Because City Code does not provide for the expiration of a variance once it has been commenced and continuously used, unless a grant of variance provided for a specific duration, an approved variance for which the petitioner has met the standards of Chapter 118 continues in full force and effect. The variance may only be terminated upon a voluntary change in use by the property owner or upon a finding that the nonconformity which results from the variance is detrimental to health, safety, or welfare. Tanglewood Ed Tombari prepared a well- thought out and detailed summary of the circumstances relating to the three Tanglewood signs. If the facts as presented are accurate, I agree with Ed's conclusions with the following comments: "Section 118 -46(c) provides that a variance must be put into "bona fide and continuous use" within 12 months from the date of approval. Failure to do so shall render the approval null and void. Also, Section 118 -49(d) provides that the City may impose a reasonable time limit within which the "action for which the variance is required shall begin or be completed or both." Sln Thomson, the court addressed the issue of whether a prospective zoning ordinance may terminate a prior variance (similar to the effect of Section 110 -3). The court held that variances, unlike permits which can be revoked, "run with the land and perpetuate even when title to property is transferred." Id. at 458. Additionally, if an owner relies upon the grant of a variance, and does not abandon the use for which the variance was granted, a city is equitably estopped from rescinding the variance. Id. at 459. Roxanne Manning, Growth Management Director September 14, 1998 Page -6- First, the "Tanglewood North Sign" is the subject of a valid variance, however there is no specificity as to the purpose of the variance, i.e. whether it was granted as to size, set back, etc. The "Tanglewood Great Sign" is more complicated. Apparently, the City granted a variance for a new sign at the time Military Trail was being expanded. However, rather than construct the new sign, it appears that the existing sign was relocated to its present position. The issue is whether the variance applies to the relocated sign in the absence of a new sign. Finally, the "Tanglewood South Sign" is a nonconforming sign without a variance. However, if it was "specifically approved" as a part of the PUD/PCD process, then it would be exempt and not subject to 110 -3. This is a preliminary assessment of a number of complicated issues. I look forward to discussing this with you further. CP /tlb P:\ CPU -I ISTO RYX1089\36. 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